ML073040092

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Letter Inquiring About Decommissioning Trust Funds
ML073040092
Person / Time
Site: Millstone  Dominion icon.png
Issue date: 12/17/2007
From: John Hughey
NRC/NRR/ADRO/DORL/LPLI-2
To: Christian D
Virginia Electric & Power Co (VEPCO)
Dusaniwskji M,NRR/DRIP/RGEB,415-1260
References
TAC MD5057, TAC MD5058
Download: ML073040092 (4)


Text

December 17, 2007 Mr. David A. Christian President and Chief Nuclear Officer Virginia Electric and Power Company Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen, VA 23060-6711

SUBJECT:

MILLSTONE POWER STATION: UNIT NOS. 2 AND 3 - REQUEST FOR INFORMATION CONCERNING BIENNIAL DECOMMISSIONING FUND REPORT (TAC NOS. MD5057 AND MD5058)

Dear Mr. Christian:

Upon review of the biennial decommissioning funding status report for the Millstone Power Station, Unit Nos. 2 and 3 (MPS2 and MPS3), the Nuclear Regulatory Commission (NRC) staff has become aware of a reduction in the reported balance of your radiological decommissioning funds set aside in an external trust to meet the requirements of Title 10 to the Code of Federal Regulations (10 CFR) Section 50.75. This observation was based on information filed by you this past March 2007 providing information as of December 31, 2006, and a comparison with the March 2005 biennial report providing information as of December 31, 2004.

During a follow-up telephone conversation, your staff provided the NRC staff information that such reductions were not the result of withdrawals from the trust, but were the result of changes in accounting for the funds in the trust. In particular, the NRC staff understands that you have adjusted your accounting to re-allocate funds in the decommissioning trust earmarked for radiological decommissioning to funds for non-radiological purposes and/or funds for spent fuel management.

Withdrawals or disbursements from trust funds for decommissioning established to meet NRC requirements in 10 CFR 50.75 are restricted under 10 CFR 50.82(a)(8) and trust agreement provisions that are required by the 2001 license transfer conditions. The reduction in the reported balance of your radiological decommissioning funds raises a question as to whether there has been full compliance with the foregoing restrictions.

Accordingly, pursuant to 10 CFR 50.33(f)(4), please provide, within 30 days of the date of this letter, a full written explanation as to whether the reduction in the reported balance of your radiological decommissioning funds from the balance previously reported constituted a withdrawal or disbursement within the scope of the NRC's restrictions on withdrawals or disbursements.

If you have any questions, please contact Mr. Michael Dusaniwskyj at (301) 415-1260.

Sincerely,

/ra/

John D. Hughey, Project Manager Plant Licensing Branch I-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-336 and 50-423

If you have any questions, please contact Mr. Michael Dusaniwskyj at (301) 415-1260.

Sincerely,

/ra/

John D. Hughey, Project Manager Plant Licensing Branch I-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-336 and 50-423 DISTRIBUTION:

PUBLIC LPL1-2 R/F RidsNrrDorlLpl1-2 RidsNrrPMJHughey RidsAcrsAcnwMailCenter RidsOgcRp MDusaniwskyj SHom RidsNRRDpr RidsNrrDorl JLubinsky RidsNrrLAABaxter RidsRgn1MailCenter RCarlson ADAMS Accession NO.: ML073040092 OFFICE PFPB PFPB/BC LPL1-2/GE LPLI-2/PM LPLI-2/LA LPLI-2/BC NAME MDusaniwskyj RCarlson CSanders JHughey ABaxter HChernoff DATE 11/29/07 12/3/07 12/7/07 12/7/07 12/10/07 12/17/07 OFFICIAL RECORD COPY

Millstone Power Station, Unit Nos. 2 and 3 cc:

Lillian M. Cuoco, Esquire Senior Counsel Dominion Resources Services, Inc.

Building 475, 5th Floor Rope Ferry Road Waterford, CT 06385 Edward L. Wilds, Jr., Ph.D.

Director, Division of Radiation Department of Environmental Protection 79 Elm Street Hartford, CT 06106-5127 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 First Selectmen Town of Waterford 15 Rope Ferry Road Waterford, CT 06385 Charles Brinkman, Director Washington Operations Nuclear Services Westinghouse Electric Company 12300 Twinbrook Pkwy, Suite 330 Rockville, MD 20852 Senior Resident Inspector Millstone Power Station c/o U.S. Nuclear Regulatory Commission P. O. Box 513 Niantic, CT 06357 Mr. J. W. "Bill" Sheehan Co-Chair NEAC 19 Laurel Crest Drive Waterford, CT 06385 Ms. Nancy Burton 147 Cross Highway Redding Ridge, CT 00870 Mr. Evan W. Woollacott Co-Chair Nuclear Energy Advisory Council 128 Terrys Plain Road Simsbury, CT 06070 Mr. Joseph Roy Director of Operations Massachusetts Municipal Wholesale Electric Company P.O. Box 426 Ludlow, MA 01056 Mr. William D. Bartron Licensing Supervisor Dominion Nuclear Connecticut, Inc.

Building 475, 5th Floor Roper Ferry Road Waterford, CT 06385 Mr. J. Alan Price Site Vice President Dominion Nuclear Connecticut, Inc.

Building 475, 5th Floor Rope Ferry Road Waterford, CT 06385 Mr. Chris L. Funderburk Director, Nuclear Licensing and Operations Support Innsbrook Technical Center 5000 Dominion Boulevard Glen Allen, VA 23060-6711 Mr. David A. Sommers Dominion Resources Services, Inc.

5000 Dominion Boulevard Glen Allen, VA 23060-6711