164.2802 Kentucky Nuclear Energy Development Authority -- Membership --
1,592 words·~7 min read·
/ky/164-2802A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Director -- Purposes -- Duties -- Annual report.
(1)The Kentucky Nuclear Energy Development Authority is hereby established and
attached to the University of Kentucky Center for Applied Energy Research for
administrative purposes. The mission of the Kentucky Nuclear Energy
Development Authority shall be to:
(a)Serve as the nonregulatory, trusted state government agency on nuclear
energy issues and development in the Commonwealth; and
(b)Support and facilitate the development of the nuclear energy ecosystem across
the Commonwealth in a collaborative manner that:
1. Enhances the Commonwealth's economy;
2. Offers energy production and economic development opportunities that
are safe;
3. Protects the environment across the Commonwealth;
4. Supports community voices, especially in underrepresented or
historically impacted areas;
5. Increases energy education; and
6. Prepares a future workforce.
(2)The Kentucky Nuclear Energy Development Authority shall be governed by an
advisory board consisting of the following twenty-two
(22)voting members and
eight
(8)nonvoting members:
(a)Seven
(7)state government members or their designees who shall be voting
members:
1. The director of the University of Kentucky Center for Applied Energy
Research, who shall serve as chair;
2. The secretary of the Energy and Environment Cabinet;
3. The secretary of the Cabinet for Economic Development;
4. The chair of the Public Service Commission;
5. The president of the Council on Postsecondary Education;
6. The secretary of the Education and Labor Cabinet; and
7. The director of the Division of Emergency Management;
(b)Fifteen
(15)at-large members who shall be voting members:
1. A representative from each of the four
(4)investor-owned electric
utilities operating in the Commonwealth, designated by the president of
each investor-owned electric utility, unless two
(2)or more of the
investor-owned electric utilities are operated under common ownership,
in which case only one
(1)representative shall be designated for the
commonly owned utilities;
2. Three
(3)representatives of electric cooperatives designated by the chief
operating officer of the Kentucky Association of Electric Cooperatives,
as follows:
a. One
(1)of whom shall represent distribution cooperatives; and
b. Two
(2)of whom shall represent each of the generation and
transmission electric cooperatives operating in the
Commonwealth, unless they are operated under common
ownership, in which case only one
(1)representative shall be
designated for the commonly owned generation and transmission
electric cooperatives;
3. A representative of the Tennessee Valley Authority, designated by its
chief nuclear officer;
4. A representative of municipal utilities, designated by the executive
director of the Kentucky League of Cities;
5. A representative of nuclear site remediation services, designated by the
director of business services for the Four Rivers Nuclear Partnership or
by another organization that provides nuclear site remediation services;
6. A representative for environmental interests, designated by the
executive director of the Kentucky Conservation Committee;
7. A representative of manufacturers, designated by the president of the
Kentucky Association of Manufacturers;
8. A representative for commercial interests, designated by the president of
the Kentucky Chamber of Commerce;
9. A mayor of a city, designated by the executive director of the Kentucky
League of Cities, who lives in an "energy community" as that term is
used in the Inflation Reduction Act of 2022, Pub. L. No. 117-169, and as
it is defined in the latest guidance by the Internal Revenue Service; and
10. A county judge/executive, designated by the executive director of the
Kentucky Association of Counties, who lives in an "energy community"
as that term is used in the Inflation Reduction Act of 2022, Pub. L. No.
117-169, and as it is defined in the latest guidance by the Internal
Revenue Service; and
(c)Eight
(8)nonvoting members:
1. The president of the Nuclear Energy Institute, or designee;
2. A representative from a national nuclear educational nonprofit
organization, designated by the chair and confirmed by a majority of the
voting members;
3. A representative from a United States Department of Energy National
Laboratory with expertise in nuclear energy policy issues, designated by
the chair and confirmed by a majority of the voting members;
4. A representative from a nongovernmental nuclear policy advocacy
organization, designated by the chair and confirmed by a majority of the
voting members;
5. Two
(2)members of the Senate, who shall serve as ex officio members,
designated by the President of the Senate; and
6. Two
(2)members of the House of Representatives, who shall serve as
ex officio members, designated by the Speaker of the House of
Representatives.
(3)State government members named in subsection (2)(a) of this section and members
of the General Assembly named in subsection (2)(c)5. and 6. of this section shall
serve on the advisory board during the terms of their appointed or elected state
government positions. After the initial appointments, all other members of the
advisory board shall serve terms of four
(4)years. Members shall be eligible to
succeed themselves and shall serve until their successors are appointed. A vacancy
occurring during the term of any member shall be filled in the same manner as the
original appointment.
(4)A majority of the voting members of the advisory board shall constitute a quorum
for the purposes of conducting business. The advisory board shall meet at least
quarterly, or more often at the call of the chair.
(5)Members of the advisory board shall not be paid for their service as board
members, and they shall not be reimbursed for any expenses relating to their
attendance of board meetings.
(6)The advisory board shall hire a director of the authority who shall possess the skills
and experience necessary to lead the authority effectively, promote the safe and
responsible development of nuclear energy, publicize and encourage application to
the Nuclear Energy Development Grant Program established in KRS 164.2803, and
achieve the authority's purposes described in subsection
(7)of this section.
(7)The purposes of the authority shall be to:
(a)Assist interested communities in understanding advanced nuclear
opportunities, including the importance of secure, firm, cost-competitive
power for customers and for economic development opportunities, as well as
the potential for direct and indirect economic benefits associated with the
employment and tax revenue generated from nuclear energy projects;
(b)Provide information to the public on the history of nuclear energy
technologies in the Commonwealth, the status of existing nuclear energy
projects within the Commonwealth, and the potential benefits and concerns
associated with nuclear energy technologies;
(c)Develop the capacity for nuclear energy economic development in the
Commonwealth, which shall include providing information to educational
institutions on the types of career opportunities that will be available with the
development of nuclear energy, building strong relationships with economic
development professionals, promoting existing economic development
incentives applicable to nuclear energy development, and seeking out new
grants and other financial support for nuclear energy development;
(d)Seek greater clarity and certainty with stakeholders on financial support for
early nuclear site permitting, the process for obtaining a nuclear power facility
certificate of public convenience and necessity, and the recovery of
construction work in progress for nuclear energy projects;
(e)Work with communities that have previously hosted nuclear-related activities
and other communities facing a transition away from fossil fuels to empower
those communities with the resources and information necessary to engage
with regulators, developers, and decisionmakers on new nuclear power
facilities, nuclear component manufacturing facilities, and fuel cycle facilities;
(f)Strengthen engagement with the federal Nuclear Regulatory Commission by
reviewing current safety and security practices implemented at different types
of nuclear energy facilities under their purview, promoting the streamlining of
permitting efforts, and supporting the siting of interim and permanent nuclear
storage facilities via the continued use of consent-based siting;
(g)Build the organizational capacity to engage and potentially convene a
consortium of stakeholders interested in nuclear energy technologies that
would consist of utilities, environmental advocates, electric cooperatives, and
major industrial companies in order to share best practices, including how to
share risk associated with developing and constructing new nuclear power
plants within the Commonwealth;
(h)Engage with the United States Department of Energy National Laboratories,
academic institutions, and private companies on efforts to develop deployable
technologies to reprocess or recycle spent nuclear fuel;
(i)Maintain awareness of potential events that could initiate or accelerate the
development of new nuclear energy technologies within the Commonwealth
to allow the public to benefit from these projects; and
(j)Through the nuclear energy development grant administration subcommittee,
review and evaluate grant applications and make grant awards in accordance
with KRS 164.2803.
(8)The authority, with the approval of the advisory board, shall:
(a)Propose and adopt bylaws for the management and operation of the authority,
including for the Nuclear Energy Development Grant Program established in
KRS 164.2803;
(b)Develop and adopt a strategic plan for carrying out the purposes of the
authority described in subsection
(7)of this section;
(c)Create and update at least once every two
(2)years a nuclear energy economic
impact analysis for the Commonwealth;
(d)Employ necessary staff to carry out the functions of the authority; and
(e)By December 1, 2025, and each December 1 thereafter, submit a report to the
Governor and the Legislative Research Commission for referral to the Interim
Joint Committees on Natural Resources and Energy, Appropriations and
Revenue, and Economic Development and Workforce Investment providing:
1. A summary of the authority's activities and achievements since its last
report;
2. The evaluations and scores of all nuclear energy development grant
applications received and all grant awards made pursuant to KRS
164.2803 since its last report; and
3. Recommendations for the support and expansion of the nuclear energy
ecosystem in the Commonwealth.