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KRS Chapter 278: Nuclear Power Facilities (Kentucky)

Investor-Owned Utility
Municipal/Public Utility
Program Info
Program Type 
Environmental Regulations
Safety and Operational Guidelines
Kentucky Public Service Commission

No construction shall commence on a nuclear power facility in the Commonwealth until the Public Service Commission finds that the United States government, through its authorized agency, has identified and approved a demonstrable technology or means for the disposal of high-level nuclear waste. The provisions of this section shall not be construed as applying to or precluding the following nuclear-based technologies, provided that electricity is not the primary output of the processes:

(a) Enrichment of depleted uranium hexafluoride tails;

(b) Processing of metals contaminated with radioactive materials;

(c) Recycling or reprocessing of spent nuclear fuels; and

(d) Nuclear-assisted coal or gas conversion processes.

If the requirements have been met, the Public Service Commission may certify a nuclear power facility if it finds that:

(1) Specific facilities with adequate capacity to contain high-level nuclear waste are in actual operation, or will be in operation at the time the nuclear power facility being certified requires the means for the disposal of high level nuclear waste;

(2) The plan for disposal of high level nuclear waste for the nuclear facility to be certified is in full conformity with the technology approved by the authorized agency of the United States government; and

(3) The cost of disposal of high level nuclear waste from the nuclear facility to be certified is known with reasonable certainty, such that an accurate economic assessment of the proposal can be completed.