DIVIDED AUTHORITY: FEDERAL VS. STATE POLICY ROLES IN DECOMMISSIONING ECONOMICS

Abstract

The previous two chapters individually examined the federal and state roles in regulating nuclear power plant decommissioning. In this chapter, attorneys Scott DuBoff and Daniel Stenger take a legal look at these issues, comparing the radiological obligations and responsibilities which dominate at the federal level and the economic obligations and responsibilities which dominate at the slate level. They do this by examining how the NRC addressed the state role in its new rule on decommissioning, and by looking at the applicable regulatory provisions of several states. The authors conclude that the present dual system of regulation presents a potential for conflict on decommissioning economics, particularly with regard to the adequacy of fund accumulation.