Section 162-F:21-b

    162-F:21-b Customer Nuclear Decommissioning Charge. –
I. The public utilities commission shall permit an electric utility with a franchise territory in the state to charge its customers on a per kilowatt hour basis the amount it pays directly into the fund, as required by the committee pursuant to a schedule of payments established under this chapter. The amount of the per kilowatt hour charges to utility customers shall be reviewed and approved by the public utilities commission. The charge, as approved by the public utilities commission, shall be designated a nuclear decommissioning charge and shall be separately stated on the customer's billing statement. Customer financial responsibility for decommissioning is limited solely to moneys paid into the fund pursuant to a nuclear decommissioning charge approved by the public utilities commission under this section.
II. (a) Any nuclear decommissioning charge included on utility customers' billing statements shall be discontinued within 30 days if:
(1) The permanent cessation of a facility's operations occurs;
(2) The owner or owners voluntarily cease to generate electricity for more than 6 months, other than for scheduled or unscheduled repairs;
(3) The public utilities commission finds that the facility is no longer generating electric energy, and that decommissioning of the facility should be commenced; or
(4) The electric utility transfers its ownership interest.
(b) If the customer nuclear decommissioning charge for an electric utility is discontinued, the committee may institute a revised schedule for funding requirements to cover the costs of decommissioning. The revised funding schedule may include payments made by the owner or owners separate from customer charges. The committee shall hold at least one public hearing relative to establishing the revised funding schedule, consistent with the public hearing requirements established in RSA 162-F:21. All testimony shall be transcribed and made a permanent record.
(c) Upon the discontinuation of a customer nuclear decommissioning charge due to the transfer by a utility of an ownership interest occurring after January 1, 2001, the committee shall determine the portion of the fund contributed by New Hampshire customers of the electric utility, including interest and earnings as of the date of ownership transfer, and designate that portion of the fund as the customer contribution. If decommissioning is completed for less than the customer contribution, the excess shall be refunded to customers in a manner determined by the public utilities commission.

Source. 2001, 193:10, eff. Sept. 3, 2001.