ML15055A057
| ML15055A057 | |
| Person / Time | |
|---|---|
| Site: | Kewaunee  |
| Issue date: | 02/18/2015 |
| From: | Stoddard D Dominion Energy Kewaunee |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| 15-089 | |
| Download: ML15055A057 (12) | |
Text
Dominion Energy Kewaunee, Inc.
5000 Dominion Boulevard, Glen Allen, VA 23060 Web Address: www.dom.com February 18, 2015 Attention: Document Control Desk Serial No.15-089 Director, Office of Nuclear Reactor Regulation NLOS/TJS Rev. 0 United States Nuclear Regulatory Commission Docket Nos. 50-305 Washington, D. C. 20555-0001 72-64 License No. DPR-43 DOMINION ENERGY KEWAUNEE, INC.
KEWAUNEE POWER STATION AND ISFSI AMENDMENTS TO DECOMMISSIONING TRUST AGREEMENTS This letter provides notification that Dominion Energy Kewaunee, Inc. (DEK) is amending its nuclear decommissioning trust agreements for the Kewaunee Power Station (KPS) pursuant to Section 5.01 of the nuclear decommissioning trust agreements for KPS implementing 10 CFR 50.75(h)(1)(iii).
By letter dated November 6, 2012 (Serial No.12-676, ADAMS Accession Number ML12318A259), DEK provided prior notification of, and submitted, amended and restated qualified and non-qualified trust agreements, which were made effective on January 1, 2013 following the notification period. These trust agreements are now being further amended to implement the exemption issued by the NRC to DEK (the "Grantor" of the trust agreements) on May 21, 2014 and published at 79 Fed. Reg. 30900 (May 29, 2014). DEK's exemption request (Serial No.13-074 dated April 4, 2013, ADAMS Accession Number ML13098A031) indicated that DEK recognized that if its exemption request was approved, amendments to its nuclear decommissioning trust agreements would be necessary and that prior notice of the amendments to the NRC would be required. In addition, Section 4.02(c) of the non-qualified trust agreement is being amended to correct an error. This correction restores the wording that was in the non-qualified trust agreement prior to the 2013 amendment and restatement (see DEK letter dated November 17, 2005, Serial No. 05-431A, ADAMS Accession Number ML053270466) and is intended to allow transfer of funds from the non-qualified trust to the qualified trust to the extent permitted by IRS regulations.
Copies of the amendments to the trust agreements are attached. In addition, a markup showing the changes to the affected provisions is attached. Unless prior notice is received from the NRC, these amendments will be executed and made effective upon 30 working days after the date of this letter, as specified by 10 CFR 50.75(h)(1)(iii).
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Serial No.15-089 Decommissioning Trust Agreement Page 2 of 2 Please contact Mr. David A. Sommers at (804) 273-2823 if you have any questions or require additional information.
Sincerely, Daniel G. Stoddard Senior Vice President - Nuclear Operations Attachments: - First Amendment to Amended and Restated Dominion Energy Kewaunee, Inc., Qualified Nuclear Decommissioning Trust Agreement - First Amendment to Amended and Restated Dominion Energy Kewaunee, Inc., Non-Qualified Nuclear Decommissioning Trust Agreement - Markup of Affected Provisions Commitments made in this letter: None cc:
U.S. Nuclear Regulatory Commission, Region III (w/o attachments) 2443 Warrenville Road Suite 210 Lisle, IL 60532-4352 ATTN: Document Control Desk Director, Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Mr. W. Huffman NRC Project Manager U.S. Nuclear Regulatory Commission, Mail Stop 08 D-15 One White Flint North 11555 Rockville Pike Rockville, MD 20852-2738 Mr. T. Carter NRC Senior Project Manager U. S. Nuclear Regulatory Commission, Mail Stop T-8 F5 Two White Flint North 11545 Rockville Pike Rockville, MD 20852-2738
Serial No.15-089 Decommissioning Trust Agreement Attachment I First Amendment to Amended and Restated Dominion Energy Kewaunee, Inc.,
Qualified Nuclear Decommissioning Trust Agreement Kewaunee Power Station Dominion Energy Kewaunee, Inc.
FIRST AMENDMENT TO AMENDED AND RESTATED DOMINION ENERGY KEWAUNEE, INC.,
QUALIFIED NUCLEAR DECOMMISSIONING TRUST AGREEMENT This First Amendment to the Agreement is dated day of March 2015,
("Amendment") by and between DOMINION ENERGY KEWAUNEE, INC., a Wisconsin corporation (the "Grantor"), and THE NORTHERN TRUST COMPANY, an Illinois corporation of Chicago, Illinois, (the "Trustee").
RECITALS WHEREAS, the Grantor and the Trustee are parties to that certain Amended and Restated Dominion Energy Kewaunee, Inc., Qualified Nuclear Decommissioning Trust Agreement dated January 1, 2013 (the "Agreement");
WHEREAS, the Grantor and the Trustee desire to amend the Agreement in order to implement exemptions to regulations issued to Grantor by the Nuclear Regulatory Commission ("NRC");
NOW, THEREFORE, the parties agree as follows:
- 1. Section 4.01 shall be replaced with the following:
4.01 Notice Regarding Disbursement or Payments.
Except for (i) payments of ordinary administrative costs (including taxes) and other incidental expenses of the Trust Fund (including legal, accounting, actuarial, and trustee expenses) in connection with the operation of the Trust Fund, which includes investment management fees; (ii) withdrawals being made under 10 C.F.R. § 50.82(a)(8) or pursuant to the exemption issued by the Nuclear Regulatory Commission to Grantor on May 2 1, 2014 (published at 79 Fed. Reg. 30900 (May 29, 2014)); and (iii) amounts transferred to a non-qualified trust established for Kewaunee Power Station pursuant to an agreement with terms substantially similar to this Agreement, no disbursement or payment may be made from the trust until written notice of the intention to make a disbursement or payment has been given to the Director, Office of Nuclear Reactor Regulation, or the Director, Office of Nuclear Material Safety and Safeguards, as applicable, at least 30 working days before the date of the intended disbursement or payment. The disbursement or payment from the trust may be made following the 30-working day notice period if no written notice of objection from the Director, Office of Nuclear Reactor Regulation, or the Director, Office of Nuclear Material Safety and Safeguards, as applicable, is received by the Trustee or the Grantor within the notice period. The required notice may be made by the Trustee, or may be made on the Trustee's behalf., in which case evidence of such notice being made shall be provided to Trustee. No such notice is required for withdrawals being made pursuant to 10 CFR 50.82(a)(8)(ii),
including withdrawals made during the operating life of the plant to be used for
decommissioning planning. In addition, no such notice is required to be made to the NRC after decommissioning has begun and withdrawals are being made under 10 CFR 50.82(a)(8) or pursuant to the exemption issued by the NRC to the Grantor on May 21, 2014.
- 2. Section 4.02 shall be replaced with the following:
4.02 Use of Trust Funds.
Until decommissioning has been completed, the Trust Fund, including any disbursements or payments from the Trust Fund, must be used only as authorized by Section 468A of the Internal Revenue Code and the regulations thereunder, and by the regulations of the NRC including 10 CFR 50.75(h) & 50.80(a) and exemption therefrom, such as:
(a) to satisfy, in whole or part, the liability of Grantor for decommissioning costs of the nuclear power plant to which the Trust Fund relates; (b) to pay ordinary administrative costs (including taxes) and other incidental expenses of the Trust Fund (including legal, accounting, actuarial, and trustee expenses) in connection with the operation of the Trust Fund, which includes investment management fees; (c) to be transferred to a non-qualified trust established for Kewaunee Power Station pursuant to an agreement with terms substantially similar to this Agreement, or to another financial assurance method acceptable under 10 CFR 50.75(e) of the NRC's regulations, to the extent permitted by the Internal Revenue Code; or (d) to make investments, to the extent that the assets are not currently required for another purpose permitted under this section.
- 3. IN WITNESS WHEREOF, parties hereto have executed this First Amendment as of the date set forth above.
DOMINION ENERGY KEWAUNEE, INC.
By:_
Title:
THE NORTHERN TRUST COMPANY, TRUSTEE By:.
Title:
Serial No.15-089 Decommissioning Trust Agreement First Amendment to Amended and Restated Dominion Energy Kewaunee, Inc.,
Non-Qualified Nuclear Decommissioning Trust Agreement Kewaunee Power Station Dominion Energy Kewaunee, Inc.
FIRST AMENDMENT TO AMENDED AND RESTATED DOMINION ENERGY KEWAUNEE, INC.,
NON-QUALIFIED NUCLEAR DECOMMISSIONING TRUST AGREEMENT This First Amendment to the Agreement is dated day of March 2015,
("Amendment") by and between DOMINION ENERGY KEWAUNEE, INC., a Wisconsin corporation (the "Grantor"), and THE NORTHERN TRUST COMPANY, an Illinois corporation of Chicago, Illinois, (the "Trustee").
RECITALS WHEREAS, the Grantor and the Trustee are parties to that certain Amended and Restated Dominion Energy Kewaunee, Inc., Non-Qualified Nuclear Decommissioning Trust Agreement dated January 1,2013 (the "Agreement");
WHEREAS, the Grantor and the Trustee desire to amend the Agreement in order to implement exemptions to regulations issued to Grantor by the Nuclear Regulatory Commission ("NRC");
NOW, THEREFORE, the parties agree as follows:
- 1. Section 4.01 shall be replaced with the following:
4.01 Notice Regarding Disbursement or Payments.
Except for (i) payments of ordinary administrative costs (including taxes) and other incidental expenses of the Trust Fund (including legal, accounting, actuarial, and trustee expenses) in connection with the operation of the Trust Fund, which includes investment management fees; (ii) withdrawals being made under 10 C.F.R. § 50.82(a)(8) or pursuant to the exemption issued by the Nuclear Regulatory Commission to Grantor on May 21, 2014 (published at 79 Fed. Reg. 30900 (May 29, 2014)); and (iii) amounts transferred to a qualified trust established for Kewaunee Power Station pursuant to an agreement with terms substantially similar to this Agreement, no disbursement or payment may be made from the trust until written notice of the intention to make a disbursement or payment has been given to the Director, Office of Nuclear Reactor Regulation, or the Director, Office of Nuclear Material Safety and Safeguards, as applicable, at least 30 working days before the date of the intended disbursement or payment. The disbursement or payment from the trust may be made following the 30-working day notice period if no written notice of objection from the Director, Office of Nuclear Reactor Regulation, or the Director, Office of Nuclear Material Safety and Safeguards, as applicable, is received by the Trustee or the Grantor within the notice period. The required notice may be made by the Trustee, or may be made on the Trustee's behalf, in which case evidence of such notice being made shall be provided to Trustee. No such notice is required for withdrawals being made pursuant to 10 CFR 50.82(a)(8)(ii), including withdrawals made during the operating life of the plant to be used for decommissioning planning. In addition, no such notice is
required to be made to the NRC after decommissioning has begun and withdrawals are being made under 10 CFR 50.82(a)(8) or pursuant to the exemption issued by the NRC to the Grantor on May 21, 2014.
- 2. Section 4.02 shall be replaced with the following:
4.02 Use of Trust Funds.
Until decommissioning has been completed, the Trust Fund, including any disbursements or payments from the Trust Fund, must be used only as authorized by the regulations of the NRC including 10 CFR 50.75(h) & 50.80(a) and exemption therefrom, such as:
(a) to satisfy, in whole or part, the liability of Grantor for decommissioning costs of the nuclear power plant to which the Trust Fund relates; (b) to pay ordinary administrative costs (including taxes) and other incidental expenses of the Trust Fund (including legal, accounting, actuarial, and trustee expenses) in connection with the operation of the Trust Fund, which includes investment management fees; (c) to be transferred to a qualified trust established for Kewaunee Power Station pursuant to an agreement with terms substantially similar to this Agreement, to the extent permitted by the Internal Revenue Code, or to another financial assurance method acceptable under 10 CFR 50.75(e) of the NRC's regulations; or (d) to make investments, to the extent that the assets are not currently required for another purpose permitted under this section.
- 3. IN WITNESS WHEREOF, parties hereto have executed this First Amendment as of the date set forth above.
DOMINION ENERGY KEWAUNEE., INC.
By:
Title:
THE NORTHERN TRUST COMPANY, TRUSTEE By:
Title:
Serial No.15-089 Decommissioning Trust Agreement Markup of Affected Provisions Kewaunee Power Station Dominion Energy Kewaunee, Inc.
Changes to Dominion Energy Kewaunee Inc. Qualified Nuclear Decommissioning Trust 4.01 Notice Regarding Disbursement or Payments.
Except for (i) payments of ordinary administrative costs (including taxes) and other incidental expenses of the Trust Fund (including legal, accounting, actuarial, and trustee expenses) in connection with the operation of the Trust Fund, which includes investment management fees; (ii) withdrawals being made under 10 C.F.R. § 50.82(a)(8) or pursuant to the exemption issued by the Nuclear Regulatory Commission to Grantor on May 21, 2014 (published at 79 Fed. Rep. 30900 (May 29, 2014)); and (iii) amounts transferred to a non-qualified trust established for Kewaunee Power Station pursuant to an agreement with terms substantially similar to this Agreement, no disbursement or payment may be made from the trust until written notice of the intention to make a disbursement or payment has been given to the Director, Office of Nuclear Reactor Regulation, or the Director, Office of Nuclear Material Safety and Safeguards, as applicable, at least 30 working days before the date of the intended disbursement or payment. The disbursement or payment from the trust may be made following the 30-working day notice period if no written notice of objection from the Director, Office of Nuclear Reactor Regulation, or the Director, Office of Nuclear Material Safety and Safeguards, as applicable, is received by the Trustee or the Grantor within the notice period. The required notice may be made by the Trustee, or may be made on the Trustee's behalf, in which case evidence of such notice being made shall be provided to Trustee. No such notice is required for withdrawals being made pursuant to 10 CFR 50.82(a)(8)(ii), including withdrawals made during the operating life of the plant to be used for decommissioning planning. In addition, no such notice is required to be made to the NRC after decommissioning has begun and withdrawals are being made under 10 CFR 50.82(a)(8) or pursuant to the exemption issued by the NRC to the Grantor on May 21, 2014.
4.02 Use of Trust Funds.
Until decommissioning has been completed, the Trust Fund, including any disbursements or payments from the Trust Fund, must be used only as authorized by Section 468A of the Internal Revenue Code and the regulations thereunder, and by the regulations of the NRC including 10 CFR 50.75(h) & 50.80(a) and exemption therefrom, such as:
(a) to satisfy, in whole or part, the liability of Grantor for decommissioning costs of the nuclear power plant to which the Trust Fund relates; (b) to pay ordinary administrative costs (including taxes) and other incidental expenses of the Trust Fund (including legal, accounting, actuarial, and trustee expenses) in connection with the operation of the Trust Fund, which includes investment management fees;
(c) to be transferred to a non-qualified trust established for Kewaunee Power Station pursuant to an agreement with terms substantially similar to this Agreement, or to another financial assurance method acceptable under 10 CFR 50.75(e) of the NRC's regulations, to the extent permitted by the Internal Revenue Code; or (d) to make investments, to the extent that the assets are not currently required for another purpose permitted under this section.
Changes to Dominion Energy Kewaunee Inc. Non-Qualified Nuclear Decommissioning Trust 4.01 Notice Regarding Disbursement or Payments.
Except for (i) payments of ordinary administrative costs (including taxes) and other incidental expenses of the Trust Fund (including legal, accounting, actuarial, and trustee expenses) in connection with the operation of the Trust Fund, which includes investment management fees; (ii) withdrawals being made under 10 C.F.R. § 50.82(a)(8) or pursuant to the exemption issued by the Nuclear Regulatory Commission to Grantor on May 21, 2014 (published at 79 Fed. Reg. 30900 (May 29, 2014)); and (iii) amounts transferred to a qualified trust established for Kewaunee Power Station pursuant to an agreement with terms substantially similar to this Agreement, no disbursement or payment may be made from the trust until written notice of the intention to make a disbursement or payment has been given to the Director, Office of Nuclear Reactor Regulation, or the Director, Office of Nuclear Material Safety and Safeguards, as applicable, at least 30 working days before the date of the intended disbursement or payment. The disbursement or payment from the trust may be made following the 30-working day notice period if no written notice of objection from the Director, Office of Nuclear Reactor Regulation, or the Director, Office of Nuclear Material Safety and Safeguards, as applicable, is received by the Trustee or the Grantor within the notice period. The required notice may be made by the Trustee, or may be made on the Trustee's behalf, in which case evidence of such notice being made shall be provided to Trustee. No such notice is required for withdrawals being made pursuant to 10 CFR 50.82(a)(8)(ii), including withdrawals made during the operating life of the plant to be used for decommissioning planning. In addition, no such notice is required to be made to the NRC after decommissioning has begun and withdrawals are being made under 10 CFR 50.82(a)(8) or pursuant to the exemption issued by the NRC to the Grantor on May 21, 2014.
4.02 Use of Trust Funds.
Until decommissioning has been completed, the Trust Fund, including any disbursements or payments from the Trust Fund, must be used only as authorized by the regulations of the NRC including 10 CFR 50.75(h) & 50.80(a) and exemption therefrom, such as:
(a) to satisfy, in whole or part, the liability of Grantor for decommissioning costs of the nuclear power plant to which the Trust Fund relates;
(b) to pay ordinary administrative costs (including taxes) and other incidental expenses of the Trust Fund (including legal, accounting, actuarial, and trustee expenses) in connection with the operation of the Trust Fund, which includes investment management fees; (c) to be transferred to a Ne....* Q lified ualified trust established for Kewaunee Power Station pursuant to an agreement with terms substantially similar to this Agreement, to the extent permitted by the Internal Revenue Code, or to another financial assurance method acceptable under 10 CFR 50.75(e) of the NRC's regulations; or (d) to make investments, to the extent that the assets are not currently required for another purpose permitted under this section.