PART A

Sec. A-1. 35-A MRSA c. 43, sub-c. 2, as amended, is repealed.

Sec. A-2. 35-A MRSA c. 43, sub-c. 6 is enacted to read:

SUBCHAPTER 6

POST-DECOMMISSIONING OVERSIGHT FEES

§4395.__State assessment

Any licensee operating an interim spent fuel storage facility in this State shall pay a fixed annual fee to cover all present and reasonably foreseeable future state fees, costs and assessments with respect to the licensee, including, but not limited to:__the costs of any commission investigation; the commission's participation in wholesale rate proceedings; safety, radiation and environmental monitoring; and security oversight- related costs.__This annual fee consolidates the various fees and assessments imposed by the State on the licensee.__The amount of the fixed payment is as follows:

1.__September 1, 2005 to December 31, 2005.__September 1, 2005 to December 31, 2005, $90,000;

2.__Calendar years 2006 and 2007.__Calendar years 2006 and 2007, $360,000 per year;

3.__Calendar year 2008.__Calendar year 2008, $296,667; and

4.__Calendar years 2009 to 12th month.__Calendar years 2009 to the 12th month of the year following the year the spent nuclear fuel is removed from the site, $170,000 per year.

The fees paid under this section are independent of and in addition to any compliance costs incurred either by the licensee or by any contractor hired by the Department of Environmental Protection to oversee, monitor or implement measures necessary to ensure compliance pursuant to the federal Resource Conservation and Recovery Act of 1976, as amended.

PART B

Sec. B-1. 22 MRSA §565-A, as amended by PL 1997, c. 686, §1, is further amended to read: