Code of Massachusetts Regulations
345 CMR - LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT BOARD
Title 345 CMR 3.00 - The Selection Of Operators
Section 3.31 - Execution of Development Contract
Current through Register 1531, September 27, 2024
(1) Within 60 days of the selection of the operator, the Board shall execute a development contract under which the operator shall be obligated to fulfill all of the requirements of the facility approval process established in M.G.L. c. 111H, §§ 29 to 34 in accordance with the plan submitted by the operator to the Community Supervisory Committee as part of the written response to questions and requests (or the original plan submitted in response to the Requests for Proposals), or any revision of such plan approved by the Board. The terms of the development contract and, in particular, any payments for services to be provided pursuant to such contract, shall be established through negotiations between the applicant and the Board.
(2) The operator shall be required to post a bond, in an amount to be determined by the Board, payable to the Board. The amount of such bond shall be reviewable from time to time by the Board to ensure its adequacy. Such bond shall be conditioned on the faithful performance of the obligations, agreements and covenants specified in the development contract, and shall provide that, if the operator defaults on the development contract, it shall pay to the Board all damages sustained as a result of the default.
(3) The Board shall seek the assistance and advice of the Deputy Commissioner of Division of Capital Planning and Operations in overseeing the operator's activities under the development contract and evaluating the adequacy of such development activities.
(4) If no development contract is executed within 60 days of the designation of the operator or the required bond is not posted, the operator selection shall be set aside, and a replacement operator shall be selected in accordance with the procedures set forth in 345 CMR 3.29. The Community Supervisory Committee or Community Supervisory Committees shall have 30 days to select the replacement operator, from the expiration of the time for the operator originally selected to execute the development contract or post the performance bond.
