ML073040092

Letter Inquiring About Decommissioning Trust Funds

ML073040092
Person / Time
Site:	Millstone
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 Mr. Joseph Roy Senior Counsel Director of Operations Dominion Resources Services, Inc. Massachusetts Municipal Wholesale Building 475, 5th Floor Electric Company Rope Ferry Road P.O. Box 426 Waterford, CT 06385 Ludlow, MA 01056 Edward L. Wilds, Jr., Ph.D. Mr. William D. Bartron Director, Division of Radiation Licensing Supervisor Department of Environmental Dominion Nuclear Connecticut, Inc.

Protection Building 475, 5th Floor 79 Elm Street Roper Ferry Road Hartford, CT 06106-5127 Waterford, CT 06385 Regional Administrator, Region I Mr. J. Alan Price U.S. Nuclear Regulatory Commission Site Vice President 475 Allendale Road Dominion Nuclear Connecticut, Inc.

King of Prussia, PA 19406 Building 475, 5th Floor Rope Ferry Road First Selectmen Waterford, CT 06385 Town of Waterford 15 Rope Ferry Road Mr. Chris L. Funderburk Waterford, CT 06385 Director, Nuclear Licensing and Operations Support Charles Brinkman, Director Innsbrook Technical Center Washington Operations Nuclear Services 5000 Dominion Boulevard Westinghouse Electric Company Glen Allen, VA 23060-6711 12300 Twinbrook Pkwy, Suite 330 Rockville, MD 20852 Mr. David A. Sommers Dominion Resources Services, Inc.

Senior Resident Inspector 5000 Dominion Boulevard Millstone Power Station Glen Allen, VA 23060-6711 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