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New Nuclear Power Plant Construction

Current Law

  • Wisconsin currently imposes a moratorium on nuclear power plants.
  • Under Wis. § 196. 493, the PSC may not authorize the construction of a nuclear power plant unless it finds that a federal facility (or a facility outside the country) will be available for the disposal of high-level waste from all Wisconsin nuclear power plants, and that the proposed nuclear plant is economically advantageous to ratepayers based on specified factors.

Proposed Law

  • Legislative Findings (Wis. § 196.493 (1g)):
    • The legislature finds all of the following:
      • The state retains its authority under the United States constitution to exercise its police power to protect public health, safety, and welfare.
      • Determining the need for the construction of electric generating facilities and controlling land use, including the siting of new or expanded electric generating facilities, is primarily and traditionally a matter of state interest and under state control.
      • The state has a particular and unique interest in determining the need for and siting of nuclear power plants, given the size, cost, and environmental and safety issues associated with these plants and the resulting economic impact on the state.
      • As of the effective date of this law, the federal government has failed to meet its obligation to implement a policy to provide for the safe and effective disposal of spent nuclear fuel from nuclear power plants. This situation has and will continue to lead to the long−term storage of spent nuclear fuel at the sites of nuclear power plants resulting in increased risk of exposure to accidental releases of radioactive materials from the handling and storage of the spent nuclear fuel and increased expenses for local and state governments providing emergency response services to the nuclear power plants.
      • While the recent safety record of the nuclear power industry is good and the likelihood of an accident at a new or expanded nuclear power plant resulting in a major release of radioactive materials is low, if such an accident were to occur, its effects could be catastrophic to the health and safety of the people of Wisconsin, the economic well−being of Wisconsin, and the natural resources of Wisconsin.
      • To limit the risks associated with the long−term storage of spent nuclear fuel at the sites of nuclear power plants and with the operation of nuclear power plants, it is necessary that Wisconsin adopt policies that limit the number of new or expanded nuclear power plants constructed in the state.
      • To distribute the risks associated with the long−term storage of spent nuclear fuel at the sites of nuclear power plants and with the operation of nuclear power plants, it is necessary that Wisconsin adopt policies that encourage the siting of nuclear power plants relatively close to the demand for the electricity produced by the plants.
      • To offset the risks associated with the long−term storage of spent nuclear fuel at the sites of nuclear power plants and with the operation of nuclear power plants, it is necessary that Wisconsin adopt policies that ensure citizens of the state will receive the maximum benefits from any new or expanded nuclear power plants constructed in the state.
      • The most effective policy to achieve the objectives in pars. (f) to (h) is to require that the entire output from any new or expanded nuclear power plant constructed in the state will be needed to meet the expected requirements for electricity of electric utility ratepayers or members of electric cooperatives in the state.
  • PSC Review and Approval (Wis. § 196.493 (2)):
    • The plan for managing the nuclear waste from the proposed nuclear power plant is economic, reasonable, stringent, and in the public interest, given the safety and other risks presented by the waste.
    • The benefits to the state and the environment resulting from reductions of air pollutant emissions from the proposed nuclear power plant compared to emissions from feasible alternatives.
    • The proposed nuclear power plant will provide electricity to ratepayers or members of electric cooperatives in this state at a reasonable cost based upon all of the following:
      • The existence of a reliable and adequate nuclear fuel supply.
      • The costs for construction, operation, and decommissioning of nuclear power plants and for nuclear waste disposal.
      • Any other factor having an impact on the economics of nuclear power plants, as determined by the commission.
  • Decommissioning (Wis. Stat. §196.493 (4))
    • The commission may by order specify the method for an owner or operator of a nuclear power plant to provide reasonable assurance that funds in an amount determined by the commission will be available to decommission the plant and to dispose of spent nuclear fuel from the plant, and require the owner or operator to provide such assurance. This subsection applies to a nuclear power plant for which the PSC issues a certificate of public convenience and necessity on or after the date specified in the notice published.
  • Nonseverability Clause (Section 9141 (1)
    • Notwithstanding section 990.001 (11) of the statutes, if a court finds that section 196.493 (2) (am) 4. of the statutes, as created by this act, is unconstitutional, the following provisions of this act are void as well: 76.28 (1) (gm) 3., 79.04 (6) (a), 101.80 (1j) and (2m), 196.25 (1) and (1g), 196.49 (1), (1g), (2), (3) (a) and (cm), (4), and (6), 196.491 (1) (i) and (j), (3) (d) (intro.) and 2., (em), and (g), and (3m) (title), (a) (intro.), (b) 1. am. and 3. b., and (c) 1. a., 196.493 (title), (1), (1g), (1r) (ag) and (b), (2) (intro.), (a), (am) 1m., 2. c., 3., and 4., (b) (intro.), 1., 2., and 3., and (c), (3), and (4), 196.65 (1), (1g), and (2), 196.66 (1), (1g), (2), and (4) (b), 196.795 (6m) (a) 4m. and (cm) and (11) (b), 196.80 (1r), and 196.85 (1m) (a) of the statutes, the renumbering of section 196.491 (5) of the statutes, the renumbering and amendment of section 196.491 (1) (g) and (w) 2. and (3m) (d) of the statutes, and the creation of section 196.491 (1) (g) 2. and (w) 2. b., (3m) (d) 1. and 2., and (5) (am) and (c) 1. am. and 2. bm.