Commentary on Sections Nuclear decommissioning costs Section 149: Fees in respect of decommissioning and clean-up of nuclear sites
637.This section inserts a new section 45A and amends sections 46, 49 and 66 of the Energy Act 2008. The new provisions extend the circumstances under which the Secretary of State: can recover the costs incurred in relation to considering: (i) any proposals relating to a funded decommissioning programme; (ii) any proposals to modify a funded decommissioning programme; (iii) agreements made under section 46(3A); and (iii) agreements under section 66.
638.Subsection (2) of the section inserts a new section 45A into the Act. Subsections (1) and (2) of the new provision enables the Secretary of State to recover from an operator the costs incurred in considering any proposal for a funded decommissioning programme put forward by an operator but before its formal submission.
639.Subsection (3) inserts new subsections (3H) and (3I) into section 46 of the Energy Act 2008. The new subsections enable the Secretary of State to recover the costs incurred in (i) considering any agreement which he or she wishes to make under section 46(3A); (ii) any amendment to any such agreement or (iii) any proposal to make any such agreement or to make an amendment to any such agreement.
640.Subsection (4) amends the existing power in section 49(3) and (4) of the Energy Act 2008. The amendment enables the Secretary of State to recover the costs incurred in considering a proposal to modify a funded decommissioning programme at a stage before it is formally submitted to the Secretary of State for consideration.
641.Subsection (5) inserts new subsections (3A) and (3B) into section 66. These provisions enable the Secretary of State to make regulations to recover the costs incurred by the Secretary of State when considering an agreement to which section 66 refers.