[Code of Federal Regulations]
[Title 10, Volume 4]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR1800.13]

[Page 1036-1037]
 
                            TITLE 10--ENERGY
 
    CHAPTER XVIII--NORTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE 
                               COMMISSION
 
PART 1800_DECLARATION OF PARTY STATE ELIGIBILITY FOR NORTHEAST INTERSTATE LOW-
 
Sec.  1800.13  Conditions for becoming an eligible party state.

    The Commission shall evaluate a petition to become an eligible party 
state on the basis of the following conditions and criteria:
    (a) To be eligible for Compact membership, a state must agree that 
it will be the voluntary host state upon admission to the Compact and 
will continue to be the voluntary host state for a least that period of 
time until all currently licensed nuclear power stations within the 
region have been fully decommissioned and their licenses (including any 
licenses for storage of spent nuclear fuel under 10 CFR Part 72) have 
been terminated.
    (b) To be eligible for Compact membership, a state must agree that, 
so long as the petitioning state remains within the Compact, it will be 
the sole host state.
    (c) To be eligible for Compact membership, a state must warrant the 
availability of a regional disposal facility that will accommodate 
800,000 cubic feet of waste from generators located within the borders 
of the existing party states.
    (d) To be eligible for Compact membership, a state must agree to 
establish a uniform fee schedule for waste disposal at the regional 
disposal facility that shall apply to all generators within the region. 
That uniform fee schedule, including all surcharges (except new 
surcharges imposed pursuant to Article V.f.3. of the Compact), shall not 
exceed the average fees that generators within the existing party states 
paid for disposal at the Barnwell, South Carolina, facility at the end 
of calendar year 1999, adjusted annually based on an acceptable 
inflation index.
    (e) To be eligible for Compact membership, a state must agree with 
the existing states that regional generators shall be permitted to 
process or dispose of waste at sites outside the Compact boundaries 
based solely on the judgment and discretion of each regional generator.
    (f) To be eligible for Compact membership, a state must agree with 
the existing states that the Commission may authorize importation of 
waste from non-regional generators for the purpose of disposal only if 
the host state approves and such importation does not jeopardize the 
warranted availability of 800,000 cubic feet of disposal capacity for 
waste produced by generators within the existing party states. A new 
party state must agree that regional generators shall not pay higher 
fees than non-regional generators and that all books and records related 
to the establishment or collection of fees shall be available for 
Commission review.
    (g) To be eligible for Compact membership, in addition to the 
express limitations on non-host state and Commission liability provided 
in the Compact, a state must agree to indemnify the Commission or the 
existing party states for any damages incurred solely because of the new 
state's membership in the Compact and for any damages associated with 
any injury to persons or property during the institutional

[[Page 1037]]

control period as a result of the radioactive waste and waste management 
operations of any regional facility. The petitioning state must agree 
that this indemnification obligation will survive the termination of the 
petitioning state's membership in the Compact.
    (h) To be eligible for Compact membership, a state must agree that 
any incentive payments made by the existing party states as an 
inducement for a state to join the Compact will be returned to the 
existing party states, with interest, on a pro rata basis if, for any 
reason, the regional disposal facility ceases to be available to 
generators in the existing party states for a period of more than six 
months (other than periods that have been expressly approved and 
authorized by the Commission) or is unavailable for disposal of 800,000 
cubic feet of waste from generators within the borders of the existing 
states. In the event of such unavailability, the new party state must 
agree to return the incentive payments based on the following schedule:
    (1) 75% of the incentive payment if the regional facility becomes 
unavailable prior to January 1, 2002;
    (2) 50% of the incentive payment if the regional facility becomes 
unavailable on or after January 1, 2002, and prior to January 1, 2004;
    (3) 30% of the incentive payment if the regional facility becomes 
unavailable on or after January 1, 2004, and prior to January 1, 2006;
    (4) 20% of the incentive payment if the regional facility becomes 
unavailable on or after January 1, 2006, and prior to January 1, 2009;
    (5) 10% of the incentive payment if the regional facility becomes 
unavailable on or after January 1, 2009, and prior to the time when all 
currently licensed nuclear power stations within the region have been 
fully decommissioned and their licenses (including any licenses for 
storage of spent nuclear fuel under 10 CFR Part 72) have been 
terminated.
    (i) To be eligible for Compact membership, a state must agree with 
the existing states that once a new party state has been admitted to 
membership in the Compact pursuant to the rules in this part, 
declaration of any other state as an eligible party state will require 
the unanimous consent of all members of the Commission.