(a)Any person undertaking the siting of any high-level
radioactive waste storage facility shall do so in accordance
with this article. Facilities subject to this article are
exempt from the jurisdiction of the Industrial Development
Information and Siting Act, W.S. 35-12-101 et seq.
(b)Any person undertaking the siting of any facility
governed by this section shall submit an application documenting
the following information to the director:
(i)The criteria upon which the proposed site was
chosen, and information showing how the site meets the criteria
of the nuclear regulatory commission and the department pursuant
to W.S. 35-11-1506(c)(xvi);
(ii)The technical feasibility of the proposed waste
management technology;
(iii)The environmental, social and economic impact
of the facility in
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(a) Any person undertaking the siting of any high-level
radioactive waste storage facility shall do so in accordance
with this article. Facilities subject to this article are
exempt from the jurisdiction of the Industrial Development
Information and Siting Act, W.S. 35-12-101 et seq.
(b) Any person undertaking the siting of any facility
governed by this section shall submit an application documenting
the following information to the director:
(i) The criteria upon which the proposed site was
chosen, and information showing how the site meets the criteria
of the nuclear regulatory commission and the department pursuant
to W.S. 35-11-1506(c)(xvi);
(ii) The technical feasibility of the proposed waste
management technology;
(iii) The environmental, social and economic impact
of the facility in the area of study;
(iv) Conformance of the plan with the federal
guidelines for a high-level radioactive waste storage facility.
(c) The application shall be accompanied by an initial
deposit of eight hundred thousand dollars ($800,000.00) plus any
excess amount collected from the feasibility agreement pursuant
to W.S. 35-11-1506(c). Effective July 1, 2018, and annually
thereafter, the amount of the initial deposit shall be adjusted
for inflation by the department using the consumer price index
or its successor index of the United States department of labor,
bureau of labor statistics, for the calendar year immediately
preceding the date of adjustment. The purpose of the initial
deposit and additional monthly payments as billed to the
applicant shall be to cover the costs to the state associated
with the investigation, review and processing of the application
and with the preparation and public review of the report
required in W.S. 35-11-1503 and 35-11-1504. Unused fees under
this subsection shall be refunded to the applicant. The initial
deposit shall be held in an interest bearing account in reserve
by the department to guarantee that sufficient funds are
available to pay for any outstanding costs incurred by the state
in the event that the applicant is unable to complete the
application process for any reason. Any costs to the state for
application processing, preparation of the report required in
W.S. 35-11-1503 and 35-11-1504 and for any other costs incurred
by the state to fulfill any requirement of article 15 of this
act, shall be billed by certified mail and reimbursed to the
state by the applicant on a monthly basis at a rate established
by the state for comparable other similar permitting reviews.
The applicant may appeal the assessment to the department within
twenty (20) days after receipt of the written notice. The appeal
shall be based only upon the allegation that the particular
assessment is erroneous or excessive. Failure of the applicant
to pay within thirty (30) days of the date of mailing shall be
cause for suspension or termination of the application process.
Upon termination of the process, any unused sum remaining in
said reserve account shall be returned to the applicant.
(d) Any applicant for a permit to construct and operate a
high-level radioactive waste storage facility shall share
pertinent information relevant to both state and nuclear
regulatory commission permitting. It is the intention of this
article that an applicant can supply information common to both
state and federal permitting, without duplication of effort.
(e) Upon receipt of an application under subsection (b) of
this section, the director shall, at the earliest possible date,
apply for any funds which may be available to the state from the
Interim Storage Fund or the Nuclear Waste Fund under the
provisions of 42 U.S.C. § 10156 and 42 U.S.C. § 10222. The
director may apply for other funds which may become available to
the state under any other federal or state program for
high-level radioactive waste storage facilities. Nothing in this
subsection shall be construed as authorizing the siting,
construction or operation of any high-level radioactive waste
storage facility not otherwise authorized under this article.