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DHS 158.03   Definitions. In this chapter:
(a)
Decommissioned facility” means a nuclear power facility which has been retired from service by following a Nuclear Regulatory Commission (NRC) approved process to reduce residual radioactivity so that the site can be safely released for other use.
(Note) An independent spent fuel storage installation may still be located at or near a decommissioned facility.
(b)
“Decommissioning nuclear power plant” means a facility licensed by the NRC that has ceased operation and is in the process of safely closing to retire it from service. Decommissioning begins after the nuclear fuel, coolant and radioactive waste are removed from the reactor.
(c)
“Department means the Wisconsin department of health services.
(d)
“Nuclear power plant” means a facility licensed by the Nuclear Regulatory Commission that utilizes or utilized a nuclear power reactor to generate electricity, and includes an operating nuclear power plant and a decommissioning nuclear power plant, but excludes a decommissioned facility.
(e)
“Operating nuclear power plant” means a facility licensed by the NRC that utilizes a nuclear power reactor to make electricity by the continuous splitting of atoms. An operating nuclear power plant may shut down temporarily for refueling or maintenance activities, which does not alter its operating status.
(f)
“Radiation monitoring” means the determination of the amount of radioactive materials present in the environment, including ambient radiation levels, by laboratory analysis of selected samples of fish, food, milk, air, water, vegetation, soil and ambient radiation readings taken from the area around a nuclear power plant.
(g)
“State fiscal year” means the 12-month period beginning July 1.
DHS 158.04   Fee. Beginning with the state fiscal year 2019-20, the annual fee charged for radiation monitoring to the owner of an operating or decommissioning nuclear power plant that is located in the state shall be as follows:
Category                 Annual Fee
Operating                 $128,000
Decommissioning               $70,000      
The annual fee is payable within 30 days after receipt of a statement. The fee may be increased each year at the annual rate of inflation as determined by movement in the consumer price index for all urban consumers (CPI-U), published each month in the CPI Detailed Report by the U.S. department of labor’s bureau of labor statistics.
SECTION 2. EFFECTIVE DATE: This rule shall take effect on the first day of the month following publication in the Wisconsin Administrative Register, as provided in § 227.22(2)(intro.), Wis. Stats.
Wisconsin Department of Health Services
Dated:       __________________________________
      Andrea Palm, Secretary-designee
SEAL:
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