2019 Tennessee Code
Title 65 - Public Utilities and Carriers
Chapter 15 - Motor Carriers
Part 1 - General Provisions
§ 65-15-114. Transporting nuclear fuel.
(a) “Spent nuclear fuel” means as defined in 42 U.S.C. § 10101(12) and (23) and the following:
(1) The highly radioactive material resulting from the reprocessing of spent nuclear fuel, including liquid waste produced directly in reprocessing and any solid material derived from such liquid waste that contains fission products in sufficient concentrations;
(2) Other highly radioactive material that is designated by the nuclear regulatory commission by rule for permanent isolation; and
(3) Fuel that has been withdrawn from a nuclear reactor following irradiation, the constituent elements of which have not been separated by reprocessing.
(b) No person, firm, or corporation shall cause to be shipped or shall arrange for transportation upon the highways or railways of this state any spent nuclear fuel unless such person, firm or corporation notifies the emergency management agency which shall notify the department of safety (hereinafter referred to as the “department”) in advance of any transportation of spent nuclear fuel through or within the state. In the case of spent nuclear fuel for which by law the United States nuclear regulatory commission notifies the governor, the governor or the governor's designee shall within twenty-four (24) hours after receipt of such notification, notify the department of the transportation of such materials. The notification of such shipments and all facts and circumstances relevant thereto shall be kept confidential and shall not be disclosed to the public in the interest of national security.
(c)
(1) A fee shall be assessed for all nuclear spent fuel shipments at the rate of one thousand dollars ($1,000) per cask for truck shipments, and two thousand dollars ($2,000) per cask for rail shipments received at or departing from any nuclear power station or away from a reactor spent fuel storage facility located in Tennessee. The owner of such facility shall pay this fee. The same fees prescribed by this subsection (c) shall apply to all spent nuclear fuel shipments traversing this state and the shipper of such shipments shall pay these fees.
(2) Any person, firm, or corporation shipping or arranging transportation of nuclear spent fuel within or through this state shall in advance of such shipments maintain a bond or surety with a bonding or insurance company, satisfactory to the department of safety and authorized to do business in this state, in such form and for such amount as the department of safety may prescribe, to guarantee payment of the fees prescribed by this section. Failure to pay any fees due and owing under this section within the sixty (60) days following shipments of nuclear spent fuel shall authorize the department of safety to proceed against the shipper's bond.
(3) The fees collected pursuant to this section shall be deposited into the general fund in a special account entitled the nuclear safety fund. The moneys in this fund shall only be used to fund activities related to the state's nuclear safety enforcement program and shall only be allocated to the department of safety, the department of environment and conservation, and the Tennessee emergency management agency to cover reasonable expenses incurred by each respective agency in implementing and enforcing this section.
(d) Any person, firm, or corporation shipping or arranging transportation for the shipment of nuclear spent fuel and subject to this section shall provide an appropriate escort for all such shipments within or through this state. The acceptable training, manpower, and equipment requirements for the provision of this escort service shall be established by department rule.
(e) This section applies to all shipments of nuclear spent fuel originating in, destined to or traversing this state.
(f)
(1) The department of safety is authorized to adopt, promulgate, amend and repeal rules and regulations necessary to implement this section.
(2) No rule or regulation, safety or otherwise, adopted, promulgated, amended or repealed by the department of safety under the authority of this section concerning transportation of nuclear materials shall impose a requirement which is more restrictive or inconsistent with that of any existing rule or regulation promulgated or adopted by the United States nuclear regulatory commission or the United States department of transportation.
