Kansas Statutes 66-128h. Nuclear fission electric generating facilities with excess capacity; presumption certain costs excluded when finding of no “technology or means for disposal of high-level nuclear waste” as defined in section
Terms Used In Kansas Statutes 66-128h
- Commission: means the state corporation commission. See Kansas Statutes 66-101a
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Property: includes personal and real property. See Kansas Statutes 77-201
- Public utility: means a public utility as defined by Kan. See Kansas Statutes 66-118a
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
(a) If any portion of an electric generating facility is determined to be excess capacity and if the facility is a nuclear fission power plant, the state corporation commission shall determine whether there has been approved by the United States government through its authorized agency, a proven technology or means for the disposal of high-level nuclear waste which is available for use at or by the plant.
If the commission finds that no such technology for disposal exists, it shall be presumed that the costs of acquisition, construction or operation of the facility were incurred due to a lack of prudence and the commission shall not include such costs in the reasonable value of the public utility property.
(b) When used in this section, “technology or means for the disposal of high-level nuclear waste” means temporary on-site storage of high-level nuclear waste or an approved process for the retrieval of such waste.