30-695

30-695. Deposits in radiation regulatory and
perpetual care fund; reimbursements

A. If there is a possibility that any licensed activity will result in radioactive
waste materials which will require maintenance, surveillance or other care on a
continuing or perpetual basis after termination of the licensed activity or will require
decommissioning activity, the agency may require the licensee of such activity to pay
annually to the agency, for deposit in the radiation and perpetual care fund, an amount
equal to the sum of:

1. The net worth of the fund required to produce investment earnings sufficient to
pay the cost of maintenance and surveillance of the lands, buildings, grounds and
radioactive waste materials to be conveyed to the state pursuant to section 30-692, less
the net worth of all payments previously made by the licensee to the agency for such
purposes, divided by the number of years the licensed activity is reasonably expected to
continue.

2. With respect to a waste disposal activity, the cost of any decommissioning
activity, estimated as of December 31 of the year preceding each annual payment, less the
total of all payments previously made to the agency by the licensee for the
decommissioning activity, divided by the number of years the licensed activity is
reasonably expected to continue.

B. Any estimates of costs or activities required to be made pursuant to this
section shall be subject to changes and review by the agency according to the need,
nature and cost of any decommissioning activity and the maintenance and surveillance of
radioactive waste materials required for public health and safety. Any charges imposed
for maintenance and perpetual care shall be established at the lowest level consistent
with existing technology. Any change that results in any increase in such costs shall
not be applied retroactively, but such changes may result in increases in subsequent
annual payments. With respect to uranium milling or processing operations, total
cumulative charges shall not exceed a maximum charge of five cents per ton of ore or
material milled or processed.

C. In computing the net worth of any fund or payments for the purpose of this
section or section 30-693 the interest rate shall be equal to the average annual rate of
investment earnings, including investment appreciation, of the state retirement system
over the five years preceding any net worth determination and the term shall be the
number of years the licensed activity is expected to continue after such determination.

D. At such time as any licensee has satisfied all or part of its obligations under
section 30-693, subsection A, the agency shall promptly refund to such licensee from the
radiation regulatory and perpetual care fund any excess of the amount of paragraph 1 of
this subsection over the amount of paragraph 2 of this subsection:

1. The sum of subdivisions (a) and (b) of this paragraph:

(a) All payments made by the licensee to the agency pursuant to this article.

(b) All investment earnings on such payments.

2. The amount then determined to be required for the continuing maintenance and
surveillance of the lands, buildings and grounds and radioactive waste materials conveyed
to the state pursuant to section 30-692.