Section 8325 Of Chapter 2. Decommissioning Of Nuclear Facilities From California Public Utilities Code >> Division 4.1. >> Chapter 2.
8325
. (a) Each electrical corporation owning, in whole or in part,
or operating nuclear facilities, located in California or elsewhere,
shall establish an externally managed, segregated fund for the
purposes of this chapter. In addition, each electrical corporation
may establish other funds, as appropriate, for payment of
decommissioning costs of nuclear facilities.
(b) The externally managed, segregated fund established pursuant
to subdivision (a) shall be a fund which qualifies for a tax
deduction pursuant to Section 468A of the United States Internal
Revenue Code, and applicable regulations of the Internal Revenue
Service adopted pursuant thereto, if that tax treatment is determined
by the commission to be in the best long-term interests of the
customers of the electrical utility.
(c) The commission shall authorize an electrical corporation to
collect sufficient revenues in rates to make the maximum
contributions to the fund established pursuant to Section 468A of the
United States Internal Revenue Code and applicable regulations, that
are deductible for federal and state income tax purposes, and to
otherwise recover the revenue requirements associated with reasonable
and prudent decommissioning costs of the nuclear facilities for
purposes of making contributions into other funds established
pursuant to subdivision (a).
(d) Notwithstanding any other provision of this section, an
electrical utility, which is a publicly owned public utility subject
to the jurisdiction and control of its board, shall establish and may
manage a separate fund for purposes of this chapter. The board shall
provide that the amounts of all payments into this fund are
recoverable through the utility's electric rates.