§ 9-6-101 — Western Interstate Nuclear Compact

The Western Interstate Nuclear Compact, hereinafter called "the
compact," is hereby enacted into law and entered into by the
state of Wyoming as a party, and is in full force and effect
between the state and any other states joining therein in
accordance with the terms of the compact, which compact is
substantially as follows:
Article I. Policy and Purpose
The party states recognize that the proper employment of
scientific and technological discoveries and advances in nuclear
and related fields and direct and collateral application and
adaptation of processes and techniques developed in connection
therewith, properly correlated with the other resources of the
region, can assist substantially in the industrial progress of
the West and the further development of the economy of the
region. They also recognize that optimum benefit from nuclear
and related scientific or technological resources, facilities
and skills requires systematic encouragement, guidance,
assistance, and promotion from the party states on a cooperative
basis. It is the policy of the party states to undertake such
cooperation on a continuing basis. It is the purpose of this
compact to provide the instruments and framework for such a
cooperative effort in nuclear and related fields, to enhance the
economy of the West and contribute to the individual and
community well-being of the region's people.
Article II. The Board
(a) There is hereby created an agency of the party states
to be known as the "western interstate nuclear board"
(hereinafter called the board). The board shall be composed of
one (1) member from each party state designated or appointed in
accordance with the law of the state which he represents and
serving and subject to removal in accordance with such law. Any
member of the board may provide for the discharge of his duties
and the performance of his functions thereon (either for the
duration of his membership or for any lesser period of time) by
a deputy or assistant, if the laws of his state make specific
provisions therefor. The federal government may be represented
without vote if provision is made by federal law for such
representation.
(b) The board members of the party states shall each be
entitled to one (1) vote on the board. No action of the board
shall be binding unless taken at a meeting at which a majority
of all members representing the party states are present and
unless a majority of the total number of votes on the board are
cast in favor thereof.
(c) The board shall have a seal.
(d) The board shall elect annually, from among its
members, a chairman, a vice-chairman, and a treasurer. The board
shall appoint and fix the compensation of an executive director
who shall serve at its pleasure and who shall also act as
secretary, and who, together with the treasurer, and such other
personnel as the board may direct, shall be bonded in such
amounts as the board may require.
(e) The executive director, with the approval of the
board, shall appoint and remove or discharge such personnel as
may be necessary for the performance of the board's functions
irrespective of the civil service, personnel or other merit
system laws of any of the party states.
(f) The board may establish and maintain, independently or
in conjunction with any one (1) or more of the party states, or
its institutions or subdivisions, a suitable retirement system
for its full-time employees. Employees of the board shall be
eligible for social security coverage in respect of old-age and
survivors insurance provided that the board takes such steps as
may be necessary pursuant to federal law to participate in such
program of insurance as a governmental agency or unit. The board
may establish and maintain or participate in such additional
programs of employee benefits as may be appropriate.
(g) The board may borrow, accept, or contract for the
services of personnel from any state or the United States or any
subdivision or agency thereof, from any interstate agency, or
from any institution, person, firm or corporation.
(h) The board may accept for any of its purposes and
functions under this compact any and all donations, and grants
of money, equipment, supplies, materials and services
(conditional or otherwise) from any state or the United States
or any subdivision or agency thereof, or interstate agency, or
from any institution, person, firm, or corporation, and may
receive, utilize, and dispose of the same. The nature, amount
and conditions, if any, attendant upon any donation or grant
accepted pursuant to this paragraph or upon any borrowing
pursuant to paragraph (g) of this article, together with the
identity of the donor, grantor or lender, shall be detailed in
the annual report of the board.
(j) The board may establish and maintain such facilities
as may be necessary for the transacting of its business. The
board may acquire, hold, and convey real and personal property
and any interest therein.
(k) The board shall adopt bylaws, rules, and regulations
for the conduct of its business, and shall have the power to
amend and rescind these bylaws, rules and regulations. The board
shall publish its bylaws, rules, and regulations in convenient
form and shall file a copy thereof, and shall also file a copy
of any amendment thereto, with the appropriate agency or officer
in each of the party states.
(m) The board annually shall make to the governor of each
party state, a report covering the activities of the board for
the preceding year, and embodying such recommendations as may
have been adopted by the board, which report shall be
transmitted to the legislature of said state. The board may
issue such additional reports as it may deem desirable.
Article III. Finances
(a) The board shall submit to the governor or designated
officer or officers of each party state a budget of its
estimated expenditures for such period as may be required by the
laws of that jurisdiction for presentation to the legislature
thereof.
(b) Each of the board's budgets of estimated expenditures
shall contain specific recommendations of the amount or amounts
to be appropriated by each of the party states. Each of the
board's requests for appropriations pursuant to a budget of
estimated expenditures shall be apportioned equally among the
party states. Subject to appropriation by their respective
legislatures, the board shall be provided with such funds by
each of the party states as are necessary to provide the means
of establishing and maintaining facilities, a staff of
personnel, and such activities as may be necessary to fulfill
the powers and duties imposed upon and entrusted to the board.
(c) The board may meet any of its obligations in whole or
in part with funds available to it under article II (h) of this
compact; provided, that the board takes specific action setting
aside such funds prior to the incurring of any obligation to be
met in whole or in part in this manner. Except where the board
makes use of funds available to it under article II (h), the
board shall not incur any obligation prior to the allotment of
funds by the party jurisdictions which are adequate to meet any
such obligation.
(d) Any expenses and any other costs for each member of
the board in attending board meetings shall be met by the board.
(e) The board shall keep accurate accounts of all receipts
and disbursements. The receipts and disbursements of the board
shall be subject to the audit and accounting procedures
established under its bylaws. However, all receipts and
disbursements of funds handled by the board shall be audited
yearly by a certified or licensed public accountant and the
report of the audit shall be included in and become a part of
the annual report of the board.
(f) The accounts of the board shall be open at any
reasonable time for inspection to persons authorized by the
board, and duly designated representatives of governments
contributing to the board's support.
Article IV. Advisory Committees
The board may establish such advisory and technical committees
as it may deem necessary, membership on which may include but
not be limited to private citizens, expert and lay personnel,
representatives of industry, labor, commerce, agriculture, civic
associations, medicine, education, voluntary health agencies,
and officials of local, state and federal government, and may
cooperate with and use the services of any such committees and
the organizations which they represent in furthering any of its
activities under this compact.
Article V. Powers
(a) The board shall have power to:
(i) Encourage and promote cooperation among the party
states in the development and utilization of nuclear and related
technologies and their application to industry and other fields;
(ii) Ascertain and analyze on a continuing basis the
position of the West with respect to the employment in industry
of nuclear and related scientific findings and technologies;
(iii) Encourage the development and use of scientific
advances and discoveries in nuclear facilities, energy,
materials, products, by-products, and all other appropriate
adaptations of scientific and technological advances and
discoveries;
(iv) Collect, correlate, and disseminate information
relating to the peaceful uses of nuclear energy, materials, and
products, and other products and processes resulting from the
application of related science and technology;
(v) Encourage the development and use of nuclear
energy, facilities, installations, and products as part of a
balanced economy;
(vi) Conduct, or cooperate in conducting, programs of
training for state and local personnel engaged in any aspects
of:
(A) Nuclear industry, medicine, or education, or
the promotion or regulation thereof;
(B) Applying nuclear scientific advances or
discoveries, and any industrial commercial or other processes
resulting therefrom;
(C) The formulation or administration of
measures designed to promote safety in any matter related to the
development, use or disposal of nuclear energy, materials,
products, by-products, installations, or wastes, or to safety in
the production, use and disposal of any other substances
peculiarly related thereto.
(vii) Organize and conduct, or assist and cooperate
in organizing and conducting, demonstrations or research in any
of the scientific, technological or industrial fields to which
this compact relates;
(viii) Undertake such nonregulatory functions with
respect to nonnuclear sources of radiation as may promote the
economic development and general welfare of the West;
(ix) Study industrial, health, safety, and other
standards, laws, codes, rules, regulations, and administrative
practices in or related to nuclear fields;
(x) Recommend such changes in, or amendments or
additions to the laws, codes, rules, regulations, administrative
procedures and practices or local laws or ordinances of the
party states or their subdivisions in nuclear and related
fields, as in its judgment may be appropriate. Any such
recommendations shall be made through the appropriate state
agency, with due consideration of the desirability of uniformity
but shall also give appropriate weight to any special
circumstances which may justify variations to meet local
conditions;
(xi) Consider and make recommendations designed to
facilitate the transportation of nuclear equipment, materials,
products, by-products, wastes, and any other nuclear or related
substances, in such manner and under such conditions as will
make their availability or disposal practicable on an economic
and efficient basis;
(xii) Consider and make recommendations with respect
to the assumption of and protection against liability actually
or potentially incurred in any phase of operations in nuclear
and related fields;
(xiii) Advise and consult with the federal government
concerning the common position of the party states or assist
party states with regard to individual problems where
appropriate in respect to nuclear and related fields;
(xiv) Cooperate with the atomic energy commission,
the national aeronautics and space administration, the office of
science and technology, or any agencies successor thereto, any
other officer or agency of the United States, and any other
governmental unit or agency or officer thereof, and with any
private persons or agencies in any of the fields of its
interest;
(xv) Act as licensee, contractor or subcontractor of
the United States government or any party state with respect to
the conduct of any research activity requiring such license or
contract and operate such research facility or undertake any
program pursuant thereto, provided that this power shall be
exercised only in connection with the implementation of one (1)
or more other powers conferred upon the board by this compact;
(xvi) Prepare, publish and distribute (with or
without charge) such reports, bulletins, newsletters or other
materials as it deems appropriate;
(xvii)(A) Ascertain from time to time such methods,
practices, circumstances, and conditions as may bring about the
prevention and control of nuclear incidents in the area
comprising the party states, to coordinate the nuclear incident
prevention and control plans and the work relating thereto of
the appropriate agencies of the party states and to facilitate
the rendering of aid by the party states to each other in coping
with nuclear incidents;
(B) The board may formulate and, in accordance
with need from time to time, revise a regional plan or regional
plans for coping with nuclear incidents within the territory of
the party states as a whole or within any subregion or
subregions of the geographic area covered by this compact;
(C) Any nuclear incident plan in force pursuant
to this paragraph shall designate the official or agency in each
party state covered by the plan who shall coordinate requests
for aid pursuant to article VI of this compact and the
furnishing of aid in response thereto;
(D) Unless the party states concerned expressly
otherwise agree, the board shall not administer this summoning
and dispatching of aid, but this function shall be undertaken
directly by the designated agencies and officers of the party
states;
(E) However, the plan or plans of the board in
force pursuant to this paragraph shall provide for reports to
the board concerning the occurrence of nuclear incidents and the
requests for aid on account thereof, together with summaries of
the actual working and effectiveness of mutual aid in particular
instances;
(F) From time to time, the board shall analyze
the information gathered from reports of aid pursuant to article
VI and such other instances of mutual aid as may have come to
its attention, so that experience in the rendering of such aid
may be available.
(xviii) Prepare, maintain, and implement a regional
plan or regional plans for carrying out the duties, powers, or
functions conferred upon the board by this compact;
(xix) Undertake responsibilities imposed or
necessarily involved with regional participation pursuant to
such cooperative programs of the federal government as are
useful in connection with the fields covered by this compact.
Article VI. Mutual Aid
(a) Whenever a party state, or any state or local
governmental authorities request aid from any other party state
pursuant to this compact in coping with a nuclear incident, it
shall be the duty of the requested state to render all possible
aid to the requesting state which is consonant with the
maintenance of protection of its own people.
(b) Whenever the officers or employees of any party state
are rendering outside aid pursuant to the request of another
party state under this compact, the officers or employees of
such state shall, under the direction of the authorities of the
state to which they are rendering aid, have the same powers,
duties, rights, privileges and immunities as comparable officers
and employees of the state to which they are rendering aid.
(c) No party state or its officers or employees rendering
outside aid pursuant to this compact shall be liable on account
of any act or omission on their part while so engaged, or on
account of the maintenance or use of any equipment or supplies
in connection therewith.
(d) All liability that may arise either under the laws of
the requesting state or under the laws of the aiding state or
under the laws of a third state on account of or in connection
with a request for aid, shall be assumed and borne by the
requesting state.
(e) Any party state rendering outside aid pursuant to this
compact shall be reimbursed by the party state receiving such
aid for any loss or damage to, or expense incurred in the
operation of any equipment answering a request for aid, and for
the cost of all materials, transportation, wages, salaries and
maintenance of officers, employees and equipment incurred in
connection with such requests: provided that nothing herein
contained shall prevent any assisting party state from assuming
such loss, damage, expense or other cost or from loaning such
equipment or from donating such services to the receiving party
state without charge or cost.
(f) Each party state shall provide for the payment of
compensation and death benefits to injured officers and
employees and the representatives of deceased officers and
employees in case officers or employees sustain injuries or
death while rendering outside aid pursuant to this compact, in
the same manner and on the same terms as if the injury or death
were sustained within the state by or in which the officer or
employee was regularly employed.
Article VII. Supplementary Agreements
(a) To the extent that the board has not undertaken an
activity or project which would be within its power under the
provisions of article V of this compact, any two (2) or more of
the party states (acting by their duly constituted
administrative officials) may enter into supplementary
agreements for the undertaking and continuance of such an
activity or project. Any such agreement shall specify the
purpose or purposes; its duration and the procedure for
termination thereof or withdrawal therefrom; the method of
financing and allocating the costs of the activity or project;
and such other matters as may be necessary or appropriate.
(b) No such supplementary agreement entered into pursuant
to this article shall become effective prior to its submission
to and approval by the board. The board shall give such approval
unless it finds that the supplementary agreement or activity or
project contemplated thereby is inconsistent with the provisions
of this compact or a program or activity conducted by or
participated in by the board.
(c) Unless all of the party states participate in a
supplementary agreement, any cost or costs thereof shall be
borne separately by the states party thereto. However, the board
may administer or otherwise assist in the operation of any
supplementary agreement.
(d) No party to a supplementary agreement entered into
pursuant to this article shall be relieved thereby of any
obligation or duty assumed by said party state under or pursuant
to this compact, except that timely and proper performance of
such obligation or duty by means of the supplementary agreement
may be offered as performance pursuant to the compact.
(e) The provisions of this article shall apply to
supplementary agreements and activities thereunder, but shall
not be construed to repeal or impair any authority which
officers or agencies of party states may have pursuant to other
laws to undertake cooperative arrangements or projects.
Article VIII. Other Laws and Relations
(a) Nothing in this compact shall be construed to have the
following effect:
(i) Permit or require any person or other entity to
avoid or refuse compliance with any law, rule, regulation, order
or ordinance of a party state or subdivision thereof now or
hereafter made, enacted or in force;
(ii) Limit, diminish, or otherwise impair
jurisdiction exercised by the atomic energy commission, any
agency successor thereto, or any other federal department,
agency or officer pursuant to and in conformity with any valid
and operative act of congress; nor limit, diminish, affect, or
otherwise impair jurisdiction exercised by any officer or agency
of a party state, except to the extent that the provisions of
this compact may provide therefor;
(iii) Alter the relations between the respective
internal responsibilities of the government of a party state and
its subdivisions;
(iv) Permit or authorize the board to own or operate
any facility, reactor, or installation for industrial or
commercial purposes.
Article IX. Eligible Parties, Entry Into
Force and Withdrawal
(a) Any or all of the states of Alaska, Arizona,
California, Colorado, Hawaii, Idaho, Montana, Nevada, New
Mexico, Oregon, Utah, Washington, and Wyoming shall be eligible
to become party to this compact.
(b) As to any eligible party state, this compact shall
become effective when its legislature shall have enacted the
same into law; provided, that it shall not become initially
effective until enacted into law by five (5) states.
(c) Any party state may withdraw from this compact by
enacting a statute repealing the same, but no such withdrawal
shall take effect until one (1) year after the governor of the
withdrawing state has given notice in writing of the withdrawal
to the governors of all other party states. No withdrawal shall
affect any liability already incurred by or chargeable to a
party state prior to the time of such withdrawal.
(d) Guam and American Samoa, or either of them may
participate in the compact to such extent as may be mutually
agreed by the board and the duly constituted authorities of Guam
or American Samoa, as the case may be. However, such
participation shall not include the furnishing or receipt of
mutual aid pursuant to article VI, unless that article has been
enacted or otherwise adopted so as to have the full force and
effect of law in the jurisdiction affected. Neither Guam nor
American Samoa shall be entitled to voting participation on the
board, unless it has become a full party to the compact.
Article X. Severability and Construction
The provisions of this compact and of any supplementary
agreement entered into hereunder shall be severable and if any
phrase, clause, sentence or provision of this compact or such
supplementary agreement is declared to be contrary to the
constitution of any participating state or of the United States
or the applicability thereof to any government, agency, person,
or circumstance is held invalid, the validity of the remainder
of this compact or such supplementary agreement and the
applicability thereof to any government, agency, person or
circumstance shall not be affected thereby. If this compact or
any supplementary agreement entered into hereunder shall be held
contrary to the constitution of any state participating therein,
the compact or such supplementary agreement shall remain in full
force and effect as to the remaining states and in full force
and effect as to the state affected as to all severable matters.
The provisions of this compact and of any supplementary
agreement entered into pursuant thereto shall be liberally
construed to effectuate the purposes thereof.