On the recordJune 30, 1999
I am joined today by Senator John Breaux in introducing The Nuclear Decommissioning Funds Clarification Act. This change in the tax law is necessary because the electricity industry is rapidly moving from a regulatory monopoly model to the competitive marketplace. In 1984, Congress enacted Code Section 468A which was designed to allow state public service commissions to authorize that future costs for decommissioning nuclear power plants could be charged by a utility to its customers to be dedicated to a nuclear decommissioning fund. Currently, utilities are permitted a deduction for contributions to their decommissioning funds. The amount that can be deducted is currently limited to the cost of service amount or the ruling amount. The cost of service amount is the amount of decommissioning costs included in the taxpayer's cost of service for ratemaking purposes. The ruling amount is the amount that the IRS determines to be necessary to provide for level funding of an amount equal to the taxpayer's nuclear decommissioning costs. Since Section 468A was adopted, the electricity industry landscape has been substantially transformed. Since 1992, more than 20 states have approved plans to introduce competition and all states are considering deregulation. The Energy Committee which I chair has also held several hearings on Federal deregulation proposals and it is my hope that a federal deregulation bill will be adopted in this Congress.
Source
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