COMMITTEE SUBSTITUTE
FOR
H. B. 2261
(By Delegate Prunty)
(Originating in the House Committee on the Judiciary)
[March 1, 1996]
A BILL to amend chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article twenty-seven-a,
relating to public health; establishing a ban on the
construction of nuclear power plants; legislative findings and
purposes; a limited ban on construction of nuclear power
plants; application to the public service commission for
construction or initiation.
Be it enacted by the Legislature of West Virginia:
That chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new article, designated article twenty-seven-a,
to read as follows:
ARTICLE 27A. BAN ON CONSTRUCTION OF NUCLEAR POWER PLANTS.
§16-27A-1. Legislative findings and purposes.
The Legislature finds and declares that the use of nuclear
fuels and nuclear power poses an undue hazard to the health, safety and welfare of the people of the state of West Virginia,
especially until there is an effective method to safely and
permanently dispose of the radioactive wastes generated thereby.
Therefore, it is the intent of the Legislature and the purpose of
this article to ban the construction of any nuclear power plant,
nuclear factory or nuclear electric power generating plant until
such time as the proponents of any such facility can adequately
demonstrate that a functional and effective national facility
which safely, successfully and permanently disposes of
radioactive wastes has been developed; that the construction of
any nuclear facility in this state will be economically feasible
for West Virginia rate payers; and that such facility shall
comply with all applicable environmental protection laws, rules
and requirements. For the purposes of this article, "nuclear
power" means energy produced in any nuclear power plant, nuclear
factory or nuclear electric power generating plant capable of a
thermal output greater than one maggot but shall not include
electricity carried over interstate transmission lines.
§16-27A-2. Limited ban on construction of nuclear power plants;
application to the public service commission for
construction or initiation.
(a) No nuclear power plant, nuclear factory or nuclear
electric power generating plant may be constructed or initiated
until the public service commission has approved the application
for the same in accordance with the provisions of chapter twenty-
four, article two of this code.
(b) Any person or organization seeking to construct or
initiate any nuclear power plant, nuclear factory or nuclear
electric power generating plant in this state shall, prior to any
construction or initiation, submit to the public service
commission an application for approval, together with the
documentation required by this section.
(c) An application for the construction or initiation of
any nuclear power plant, nuclear factory or nuclear electric
power generating plant shall not be considered for approval
unless it contains documented reports or certification that:
(1) A functional and effective national facility which
safely, successfully and permanently disposes of any and all
radioactive wastes associated with operating any such nuclear
power plant, nuclear factory or nuclear electric power generating
plant has been developed and that such facility has been proven
safe, functional and effective by a minimum of twenty-four
months' operation or experience; and
(2) The construction of any nuclear facility in this state
will be economically feasible for West Virginia rate payers; and
(3) The proposed nuclear facility shall comply with all
applicable environmental protection laws, rules and requirements.