Hogan Lovells Publications | Energy Alert | 12 January 2017

IRS Proposes Useful Updates to Nuclear Decommissioning Trust Fund Regulations

Nuclear power plant operators must set aside funds to cover decommissioning of their facilities after they shut down. Disbursements from decommissioning funds for "nuclear decommissioning costs" are treated as tax deductible under U.S. Internal Revenue Service regulations (26 C.F.R. § 1.468A-1 et seq.). However, questions exist as to the interpretation of these regulations, in particular as to what are covered nuclear decommissioning costs, and what types of decommissioning arrangements are allowable.

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