KRS 278.615: Cost recovery for certain nuclear energy generating facility permits and

licenses -- Definitions for section.

(1) As used in this section:

(a) "Combined operating license" means a license issued by the United States

Nuclear Regulatory Commission pursuant to 10 C.F.R. sec. 52.71 et seq., that

enables its holder to construct and operate a nuclear power plant at a specific

site;

(b) "Construction permit" means a permit issued by the United States Nuclear

Regulatory Commission pursuant to 10 C.F.R. pt. 50 that enables its holder to

construct a nuclear power plant at a specific site;

(c) "Early site permit" means a permit issued by the United States Nuclear

Regulatory Commission pursuant to 10 C.F.R. sec. 52.12 et seq., that enables

its holder to secure federal site approval for a nuclear power plant site prior to

seeking an operating reactor license from the United States Nuclear

Regulatory Commission;

(d) "Generation III Plus" means the generation of nuclear reactor design

following Generation III that incorporates passive and other safety measures

and design improvements not included in previous nuclear reactor designs;

(e) "Generation IV" means the nuclear reactor designs identified and selected by

the Generation IV International Forum as follows:

1. Sodium-cooled fast reactors;

2. Gas-cooled fast reactors;

3. Lead-cooled fast reactors;

4. Molten salt reactors;

5. Supercritical water-cooled reactors; and

6. Very high temperature reactors; and

(f) "Nuclear energy generating facility" means a facility containing a nuclear

reactor of Generation III Plus, Generation IV, or later design that produces

electricity, at least some of which is sold to the public.

(2) (a) Notwithstanding any provision of law to the contrary, upon application by a

regulated utility, the commission may allow for the recovery of costs which

are not covered in the existing rates of the utility that have been incurred in

applying for and procuring an early site permit, construction permit, or

combined operating license for a new nuclear energy generating facility to be

located within the Commonwealth.

(b) The commission shall not allow cost recovery under this section for any

amounts that have been offset by grant funding awarded pu rsuant to KRS

164.2805.