Dr. Peter Rickards
440 Fairfield Street N, Suite 2
Twin Falls ID 83301
(208) 734-3338
www.myidahoenergy.com

   AN INITIATIVE PROHIBITING THE CONSTRUCTION OF COAL-FIRED POWER PLANTS AND NUCLEAR POWER PLANTS (EXCEPT FOR RESEARCH REACTORS UNDER 10 MEGAWATTS) UNTIL APPROVED IN A STATEWIDE ELECTION AND THE STATE ISSUES A FINAL PERMIT REGARDLESS OF THE PLANNING OR PERMITTING STATUS OF SUCH PLANTS;
   CREATING IN THE DEPARMENT OF ENVIRONMENTAL QUALITY (DEQ) AN OFFICER OR POWER PLANT CERTIFICATION WHO WILL NOT ISSUE ANY FINAL PERMIT TO CONSTRUCT COAL OR NUCLEAR POWER PLANTS UNTIL SATISFYING THE FOLLOWING TWO CONDITIONS WHEN APPLICABLE: IN THE CASE OF EITHER NUCLEAR OR COAL PLANTS, IDAHO ELECTORS HAVE APPROVED THE ISSUANCE OF THE FINAL STATE PERMIT AT THE NEXT GENERAL ELECTION; AND IN THE CASE OF NUCLEAR POWER PLANTS DEQ MUST CERTIFY THAT THE FEDERAL GOVERNMENT HAS APPROVED AND LICENSED, AND THERE EXISTS A DEMONSTRATED TECHNOLOGY FOR THE PERMANENT DISPOSAL OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE FROM THE PROPOSED NUCLEAR PLANTS;
   SUPERSEDING ANY CONFLICTS WITH PRESENT LAWS;
   AND PROVIDING FOR THE SURVIVAL OF THE BALANCE OF THE INITIATIVE IF ANY PART OF THE INITIATIVE IS FOUND VOID OR UNENFORCEABLE.

Full Text

INITIATIVE PETITION To the Honorable Ben Ysursa, Secretary of the State of Idaho:
We the undersigned citizens and qualified electors of the State of Idaho,respectfully demand the following proposed law, to wit:

Initiative to Protect Idaho Families In Our Energy Future, anti Adopt Laws
Other States Use To Protect Themselves From Unwanted Coal And Nuclear Plants.

Statement of Purpose - Idaho is one of the few states that wisely decided not to allow "deregulation" of electricity, and kept our State's Right to control our energy future. Despite that, currently, many Corporations have plans to build nuclear and coal plants in Idaho. That means Idahoans take all the risks to our families and our water, but we have no guarantee that we can use the electricity, especially at a reasonable rate. This Initiative adopts laws that other States use to protect themselves from these unwanted nuclear and coal plants.

Currently, county commissioners make the lone decision whether to allow these power plants to build in Idaho. We believe in "local control" of most all decisions, but these nuclear and coal plants bring devastating risks to Idaho families, far beyond the lone county boundary. Since these are risks to our water, and all Idaho children, then all Idaho citizens should be entitled to participate in the final "local control" of these risks.

We the people of Idaho choose to prohibit building any nuclear power plants, until a final waste repository is open, with certified room for the spent nuclear fuel rods and high-level radioactive waste that the facility will produce.

We the people of Idaho, choose to allow the majority of the Statewide citizen vote to determine whether to allow granting a final State permit for a coal or nuclear power plant to use Idaho.

The lone local county would still independently decide, as usual, whether to permit the power plant, but a statewide approval of voters will be required to grant a separate final State permit. This allows local county control, but also allows statewide citizen veto of plans that threaten more harm than good to the State of Idaho.

The banning of new nuclear power plants, until a final waste repository is open, simply adopts the common sense law that Oregon and California use to stop new nuclear power plants. The law requiring final voter approval has been used in Montana and Oregon to stop unwanted nuclear power plants.

This proposed law is consistent with the spirit and words of the Idaho Constitution. This initiative, to protect all Idaho families, especially relates to our constitutional rights found in Article 1, which states "SECTION 1. INALIENABLE RIGHTS OF MAN. All men are by nature free and equal, and have certain inalienable rights, among which are enjoying and defending life and liberty; acquiring, possessing and protecting property; pursuing happiness and securing safety." & "SECTION 2. POLITICAL POWER INHERENT IN THE PEOPLE. All political power is inherent in the people. Government is instituted for their equal protection and benefit, and they have the right to alter, reform or abolish the same whenever they may deem it necessary."

This law will not change the present local county laws, nor their present right to seek State assistance in technical siting assistance. This law will be used in conjunction with any form of State Siting Board established in the future.

This law will allow any power plants deemed beneficial to Idahoans, but it will prevent bad decisions by a few people, by allowing these bad decisions to be overruled for the benefit of all Idaho families. This law will continue Idaho's permission to allow nuclear research reactors 10 megawatts or below, at Idaho Universities, and the Idaho National Laboratory. This law will apply to all large nuclear and coal plants, no matter what stage of planning or permitting they are in presently. While the risks to families have many impacts, this Initiative focuses on the legally accepted protection with regards to economic risks, losses, and liabilities.

The legal text follows the legal wording of other state's laws, and shall read:

A State Permit will be required before construction of any nuclear or coal plant over 10 megawatts. The Idaho Department of Environmental Quality shall establish an Officer of Power Plant Certification. This Officer will not issue any permits until the following requirements are met:

1) Condition to site certificate for nuclear-fueled thermal power plant.
Before issuing any State permit or State site certificate for the construction of any new nuclear power plants in Idaho, except for research reactors 10 megawatts or under, the Idaho Department of Environmental Quality must certify that the federal government has approved and licensed, and there exists a demonstrated technology, for the permanent disposal of spent fuel, and high-level radioactive waste from these facilities.

2) Election procedure; elector approval required.
(A)Notwithstanding the provisions of any permit requirements that have been satisfied and proposes to issue a site permit for a nuclear-fueled thermal power plant over 10 megawatts, or any coal fired power plant, the proposal shall be submitted to the electors of this state for their approval or rejection at the next available statewide general election. The procedures for submitting a proposal to the electors under this section shall conform, as nearly as possible to those for state measures, including but not limited to procedures for printing related material in the voters' pamphlet.

(B) Any State Permit, or any State site certificate for a nuclear-fueled thermal power plant over 10 megawatts, or coal fired power plant, shall not be issued until the electors of this state have approved the issuance of the certificate at an election held pursuant to subsection (1) of this section.

This law will apply to all large nuclear and coal plants, no matter what stage of planning or permitting they are in presently. The intent and letter of this law will supersede any conflicts with present laws, including, but not restricted to, stringency restrictions.

SEVERABILITY. In the event that any part of this Initiative shall for any reason be determined void or unenforceable in any part thereof, the remainder thereof shall remain in full force and effect