ML13312A132
| ML13312A132 | |
| Person / Time | |
|---|---|
| Site: | Zion File:ZionSolutions icon.png |
| Issue date: | 11/01/2013 |
| From: | Sponseller D Law Office of Daniel J. Sponseller |
| To: | Document Control Desk, NRC/FSME, NRC/NMSS/SFST |
| References | |
| Download: ML13312A132 (2) | |
Text
Law Office Of Daniel J. Sponseller 409 Broad Street Suite 200 Sewickley, Pennsylvania 15143 Ph: (412) 741-4422 Fax: (412) 741-4433 dsponseller@sponsellerlawfirm.com November 1, 2013 ATTN: Document Control Desk Director - Division of Spent Fuel Storage and Transportation Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Zion Nuclear Power Station, Units 1 and 2 Facility Operating License Nos. DPR-39 and DPR-48 NRC Docket Nos. 50-295 and 50-304
Subject:
Infeasibility:of Exelon's Proposed Independent Spent Fuel Storage.
Installation (1SFSI) Decommissioning Funding.Planfor Zion
References:
- 1. Letter from Mark Lombard (U. S. NRC), "Clarification' Regarding the Timing of Submittal of a Decommissioning Funding'Plan per Title 10 of the Code of Federal Regulations Section 72.30(b) for Future Independent Spent Fuel Storage Installations," dated August 21, 2013
- 2. Letter from Patrick R. Simpson (Exelon Generation LLC) to U.S. NRC Regarding "Proposed Independent Spent Fuel Storage Installation (ISFSI)
Decommissioning Funding Plan for Zion" in Response to Reference 1, dated October 18, 2013 The undersigned is counsel for appellants in the matter of Pennington, et al., v.
ZionSolutions and The Bank of New York Mellon, pending in the United States Court of Appeals for the Seventh Circuit (Appeal No. 13-2878) ("Pennington"). Pennington involves issues regarding the proper use.of the nuclear decommissioning trust funds established by Commonwealth'-Edison under. 220.ILCS 5/8-508.1.. relating to the Zion nuclear power units I an;d 2.
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This is to advise the NRC that the trust funds referenced by Exelon Generation LLC in the Letter from Patrick R. Simpson to the NRC Regarding "Proposed Independent Spent Fuel Storage Installation (ISFSI) Decommissioning Funding Plan for Zion" dated October 18, 2013 ( Reference 2) are trust funds established by Com Ed under 220 ILCS 5/8-508.1 relating to the Zion nuclear units. The beneficiaries of the trust funds so established by Coin Ed under 220 ILCS 5/8-508.1, including Com Ed customers, have not consented to any amendment of the terms governing those trust funds as established by Com Ed. Accordingly, those funds may not be used as Exelon Generation proposes in Reference 2.
We direct the Commission's attention to the brief filed by appellants on October 7, 2013 in Pennington, in which appellants explain, inter alia, that the trust funds established by Com Ed under 220 ILCS 5/8-508.1 relating to the Zion nuclear power units may not be used for building a new, temporary and unnecessary facility at Zion for spent nuclear fuel management or storage.'
For the reasons set forth in appellants' brief, among others, none of the trust funds established by Coin Ed under 220 ILCS 5/8-508.1 relating to the Zion nuclear units are permitted under 220 ILCS 5/8-508.1 or Illinois trust law to be used for the future dismantling of an entirely new, temporary and unnecessary independent spent fuel storage facility proposed to be built by ZionSolutions at Zion. Such use of the funds is not permitted or authorized under the terms of the trusts applicable to those trust funds, 220 ILCS 5/8-508.1 or Illinois trust law.
If you have any questions concerning the foregoing please contact the undersigned.
Sincerely, Is/Daniel J. Sponseller Daniel J. Sponseller, Esq cc: Regional Administrator-NRC Region III Patrick R. Simpson - Exelon Generation Company LLC That brief is available electronically on the Public Access to Court Electronic Records (PACER) system in appeal no. 13-2878 in the Seventh Circuit.
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