KRS 211.896: Conditions for reopening of closed facility.

(1) Any nuclear waste disposal facility, licensed and regulated by the Kentucky Cabinet

for Health and Family Services, which is closed either because there is doubt as to

the public safety of the site, the integrity of the site, the economic feasibility of

financing perpetual care and maintenance and decommissioning of the site, or

compliance with cabinet regulations, shall not reopen without:

(a) A finding of fact by the secretary of the Cabinet for Health and Family

Services and the secretary of the Energy a nd Environment Cabinet that all

reasons for site closure have been addressed and resolved such that there is no

longer any doubt as to the public safety or integrity of the site or the ability to

adequately finance the perpetual care and maintenance and de commissioning

of the site or the compliance of the site with cabinet regulations; and

(b) A public hearing and the taking of public comment on such findings of fact;

and

(c) Approval of a majority of the members of the House of Representatives and a

majority of the members of the Senate; and

(d) Approval of the Governor.

(2) The Cabinet for Health and Family Services shall be responsible for organizing the

public hearings, which shall be held in the county in which the nuclear waste

disposal facility is loc ated and shall be at a time and place convenient for public

participation. Adequate notification shall be given to the public of the intention to

reopen a nuclear waste disposal site and the cabinet shall make available to the

public the data and informati on upon which its decision to recommend approval of

reopening of the site is based.