Senate Bill 372 Printer's Number 320

PENNSYLVANIA, March 6 - every subsequent eligibility period thereafter, a selected

nuclear power plant shall pay a renewal fee to the commission

in an amount to be determined by the commission, but which

shall not exceed $250,000, to be used to defray the costs

incurred by the commission to administer the ZEC program.

(k) Performance.--

(1) A selected nuclear power plant shall be excused from

performance, including, but not limited to, the sale of ZECs,

and a payment from an electric distribution company shall not

be due to the selected nuclear power plant, if:

(i) the selected nuclear power plant suspends or

ceases operations, despite the selected nuclear power

plant's reasonable efforts to continue operations, due to

an event beyond its control, including, but not limited

to, acts of God, flood, drought, earthquake, storm, fire,

lightning, epidemic, war, riot, labor dispute, labor or

material shortage, sabotage or explosion. The selected

nuclear power plant shall no longer be excused from

performance, and a payment from an electric distribution

company shall be due, after conclusion of the event;

(ii) the General Assembly enacts a law imposing a

significant new tax, special assessment or fee on the

generation of electricity, the ownership or leasehold of

a generating unit or the privilege or occupation of the

generation, ownership or leasehold of generation units by

a selected nuclear power plant;

(iii) a Federal or State law is enacted that

materially reduces the value of a ZEC or the commission

exercises its discretion to reduce the amount of the per-

kilowatt-hour charge under subsection (j)(3);

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