_______________________________________________
HOUSE
BILL 1609
_______________________________________________
Passed
Legislature - 1997 Regular Session
State
of Washington 55th Legislature 1997 Regular Session
By
Read
first time 02/03/97. Referred to Committee on Energy & Utilities.
Limiting the number of times the maximum disposal fee at a
radioactive waste disposal site may be adjusted.
AN
ACT Relating to low-level radioactive waste disposal sites; and amending RCW 81.108.050.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
81.108.050 and 1991 c 272 s 6 are each amended to read as follows:
(1)
The maximum disposal rates that a site operator may charge generators shall be
determined in accordance with this section. The rates shall include all
charges for disposal services at the site.
(2)
Initially, the maximum disposal rates shall be the initial rates established
pursuant to RCW 81.108.040.
(3)
Subsequently, the maximum disposal rates shall be adjusted ((semiannually))
in January ((and July)) of each year to incorporate inflation and volume
adjustments. Such adjustments shall take effect thirty days after filing with
the commission unless the commission authorizes that the adjustments take
effect earlier, or the commission contests the calculation of the adjustments,
in which case the commission may suspend the filing. A site operator shall
provide notice to its customers concurrent with the filing.
(4)(a)
Subsequently, a site operator may also file for revisions to the maximum
disposal rates due to:
(i)
Changes in any governmentally imposed fee, surcharge, or tax assessed on a
volume or a gross revenue basis against or collected by the site operator,
including site closure fees, perpetual care and maintenance fees, business and
occupation taxes, site surveillance fees, leasehold excise taxes, commission
regulatory fees, municipal taxes, and a tax or payment in lieu of taxes
authorized by the state to compensate the county in which a site is located for
that county's legitimate costs arising out of the presence of that site within
that county; or
(ii)
Factors outside the control of the site operator such as a material change in
regulatory requirements regarding the physical operation of the site.
(b)
Revisions to the maximum disposal rate shall take effect thirty days after
filing with the commission unless the commission suspends the filing or
authorizes the proposed adjustments to take effect earlier.
(5)
Upon establishment of a contract rate pursuant to RCW 81.108.060 for a disposal
fee, the site operator may not collect a disposal fee that is greater than the
effective rate. The effective rate shall be in effect so long as such contract
rate remains in effect. Adjustments to the maximum disposal rates may be made
during the time an effective rate is in place. Contracts for disposal of
extraordinary volumes pursuant to RCW 81.108.070 shall not be considered in
determining the effective rate.
(6)
The site operator may petition the commission for new maximum disposal rates at
any time. Upon receipt of such a petition, the commission shall set the matter
for hearing and shall issue an order within seven months of the filing of the
petition. The petition shall be accompanied by the documents required to
accompany the filing for initial rates. The hearing on the petition shall be
conducted in accordance with the commission's rules of practice and procedure.
(7)
This section shall only take effect following a finding that the site operator
is a monopoly pursuant to RCW 81.108.100.
Passed the House March 11, 1997.
Passed the Senate April 7, 1997.
Approved by the Governor May
1, 1997.
Filed
in Office of Secretary of State May 1, 1997.
