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WEST VIRGINIA CODE
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WVC 16- CHAPTER 16. PUBLIC HEALTH.
WVC 16 - 27 A- ARTICLE 27A. BAN ON CONSTRUCTION OF NUCLEAR POWER PLANTS.

WVC 16 - 27 A- 1 §16-27A-1. Legislative findings and purposes.

The Legislature finds and declares that the use of nuclear fuels and nuclear power poses an undue hazard to the health, safety and welfare of the people of the state of West Virginia, especially until there is an effective method to safely and permanently dispose of the radioactive wastes generated thereby. Therefore, it is the intent of the Legislature and the purpose of this article to ban the construction of any nuclear power plant, nuclear factory or nuclear electric power generating plant until such time as the proponents of any such facility can adequately demonstrate that a functional and effective national facility, which safely, successfully and permanently disposes of radioactive wastes, has been developed; that the construction of any nuclear facility in this state will be economically feasible for West Virginia rate payers; and that such facility shall comply with all applicable environmental protection laws, rules and requirements. For the purposes of this article, "nuclear power" means energy produced in any nuclear power plant, nuclear factory or nuclear electric power generating plant capable of a thermal output greater than one maggot but shall not include electricity carried over interstate transmission lines.

WVC 16 - 27 A- 2 §16-27A-2. Limited ban on construction of nuclear power plants; application to the public service commission for construction or initiation.
(a) No nuclear power plant, nuclear factory or nuclear electric power generating plant may be constructed or initiated until the public service commission has approved the application for the same in accordance with the provisions of chapter twenty-four, article two of this code.

(b) Any person or organization seeking to construct or initiate any nuclear power plant, nuclear factory or nuclear electric power generating plant in this state shall, prior to any construction or initiation, submit to the public service commission an application for approval, together with the documentation required by this section.

(c) An application for the construction or initiation of any nuclear power plant, nuclear factory or nuclear electric power generating plant shall not be considered for approval unless it contains documented reports or certification that:

(1) A functional and effective national facility which safely, successfully and permanently disposes of any and all radioactive wastes associated with operating any such nuclear power plant, nuclear factory or nuclear electric power generating plant has been developed and that such facility has been proven safe, functional and effective by a minimum of twenty-four months' operation or experience; and

(2) The construction of any nuclear facility in this state will be economically feasible for West Virginia rate payers; and

(3) The proposed nuclear facility shall comply with all applicable environmental protection laws, rules and requirements.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
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