ML110680265
| ML110680265 | |
| Person / Time | |
|---|---|
| Site: | Crane  |
| Issue date: | 06/02/2011 |
| From: | Scott Moore NRC/FSME |
| To: | Epstein E - No Known Affiliation |
| John Buckley 415-6607 | |
| Shared Package | |
| ML111380285 | List: |
| References | |
| G20100619, OEDO-2010-0804 | |
| Download: ML110680265 (3) | |
Text
June 2, 2011 Mr. Eric J. Epstein 4100 Hillsdale Rd.
Harrisburg, PA 17112
SUBJECT:
DIRECTORS DECISION FOR 2.206 PETITION REGARDING TMI-2
Dear Mr. Epstein:
This letter responds to the September 30, 2010, petition you filed with Mr. Stephen Burns, the U.S. Nuclear Regulatory Commissions (NRC) General Counsel, pursuant to 10 CFR 2.206 of Title 10 of the Code of Federal Regulations (10 CFR 2.206). In your petition you requested that the NRC take enforcement action in the form of a Demand for Information from FirstEnergy Nuclear Operating Company (FENOC) relating to inadequate financial assurances provided by the licensee for Three Mile Island Unit-2s (TMI-2s) nuclear decommissioning fund prior to the consummation of FENOCs proposed merger with Allegheny Energy.
On November 9, 2010, the NRC informed you that your petition was complete, and pursuant to 10 CFR 2.206, was being referred to me for action.
You met with our Petition Review Board, via teleconference, on October 19, 2010, to discuss the bases for your petition. The transcript of this teleconference was treated as a supplement to the petition and is available in the Agencywide Documents Access and Management System (ADAMS) (Accession No. ML103120216) and for inspection at the Commissions Public Document Room, located at One White Flint North, 11555 Rockville Pike, Rockville, Maryland, and from the ADAMS Public Library component on the NRCs Web site, http://www.nrc.gov (the Public Electronic Reading Room).
By letter dated November 9, 2010, FENOC provided information supporting its position regarding your 2.206 petition. The information provided was considered by the staff in its evaluation of the petition.
In your petition you stated that the current radiological decommissioning cost estimate for TMI-2 is $831.5 million and the current amount in the decommissioning trust fund is $484.5 million, as of December 31, 2008. Further, you state that FENOCs decommissioning report is inadequate, and fails to account for the special status of TMI-2, the current level of underfunding, or the fact that decommissioning rate recovery for Metropolitan Edison and Pennsylvania Electric cease per Pennsylvania Public Utility Commission (PUC) Orders on December 31, 2010. The staff has completed a Decommissioning Funding Assurance analysis for Three Mile Island, Unit 2.
This analysis was based on information provided in the annual decommissioning funding report submitted by GPU Nuclear (GPU Nuclear is owned by FENOC) on March 27, 2009 (ADAMS No. ML090920598) which contains a 2009 Site Specific Cost Estimate. Based on our review, the NRC has determined that FENOC has met the requirement for providing decommissioning funding assurance for TMI-2.
E. Epstein 2
The staff sent a copy of the proposed directors decision to you and to FENOC for comment on April 5, 2011 (ADAMS Nos. ML110680183 and ML110940183). You responded with comments on May 1, 2011 (ADAMS No. ML111260128). GPU Nuclear responded with comments on April 18, 2011 (ADAMS No. ML11116A073). The staffs responses to the comments are included in the Directors Decision.
A copy of the Directors Decision (DD-11-04) will be filed with the Secretary of the Commission for the Commission to review in accordance with 10 CFR 2.206. As provided for by this regulation, the decision will constitute the final action of the Commission 25 days after the date of the decision unless the Commission, on its own motion, institutes a review of the decision within that time. The documents cited in the enclosed decision are available in ADAMS for inspection at the Commissions Public Document Room, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, and from the ADAMS Public Library component on the NRCs Web site, http://www.nrc.gov (the public Electronic Reading Room).
I have also enclosed a copy of the notice of Issuance of the Directors Decision Under 10 CFR 2.206 that has been filed with the Office of the Federal Register for publication.
Please feel free to contact John Buckley at 301-415-6607 to discuss any questions related to this petition.
Sincerely,
/RA/
Scott W. Moore, Acting Director Office of Federal and State Materials and Environmental Management Programs
Enclosures:
- 1. Directors Decision 11-04
- 2. Federal Register Notice cc: Tom Lentz, FirstEnergy
E. Epstein 2
The staff sent a copy of the proposed directors decision to you and to FENOC for comment on April 5, 2011 (ADAMS Nos. ML110680183 and ML110940183). You responded with comments on May 1, 2011 (ADAMS No. ML111260128). GPU Nuclear responded with comments on April 18, 2011 (ADAMS No. ML11116A073). The staffs responses to the comments are included in the Directors Decision.
A copy of the Directors Decision (DD-11-04) will be filed with the Secretary of the Commission for the Commission to review in accordance with 10 CFR 2.206. As provided for by this regulation, the decision will constitute the final action of the Commission 25 days after the date of the decision unless the Commission, on its own motion, institutes a review of the decision within that time. The documents cited in the enclosed decision are available in ADAMS for inspection at the Commissions Public Document Room, located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland, and from the ADAMS Public Library component on the NRCs Web site, http://www.nrc.gov (the public Electronic Reading Room).
I have also enclosed a copy of the notice of Issuance of the Directors Decision Under 10 CFR 2.206 that has been filed with the Office of the Federal Register for publication.
Please feel free to contact John Buckley at 301-415-6607 to discuss any questions related to this petition.
Sincerely,
/RA/
Scott W. Moore, Acting Director Office of Federal and State Materials and Environmental Management Programs
Enclosures:
- 1. Directors Decision 11-04
- 2. Federal Register Notice cc: Tom Lentz, FirstEnergy Distribution: G20100619/EDATS:OEDO-2010-0804 DILR r/f RidsEDOMailCenter RidsFSMEOd RidsOGCMailCenter FSME r/f EDO r/f RidsAdMMailCenter RidsOISMailCenter RidsOEMailCenter ML110680276 OFFICE:
DWMEP NRR DWMEP DWMEP NAME:
JBuckley MDusaniwskyj BWatson BWatson for KMcConnell DATE:
05/18 /2011 05/18 /2011 05/ 19 /2011 05/ 26 /2011 OFFICE:
PJehle DPersinko for LCamper PTressler SMoore (A)
DATE:
05/ 23 /2011 05/ 26 /2011 05/31/2011 06/ 2/2011 OFFICIAL RECORD COPY