ML16336A640

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Notice of Planned Reallocation of Funds Between Nuclear Decommissioning Trust (Ndt)Funds
ML16336A640
Person / Time
Site: Comanche Peak  Luminant icon.png
Issue date: 11/23/2016
From: Peters K
Luminant Power
To:
Document Control Desk, Office of Nuclear Material Safety and Safeguards, Office of Nuclear Reactor Regulation
References
CP-20161102, TXX-16134
Download: ML16336A640 (2)


Text

II Kenneth J. Peters Luminant Power Senior Vice President P 0 Box 1002

& Chief Nuclear Officer 6322 North FM 56 Kenneth.Peters@luminant.com Glen Rose, TX 76043 Luminant T 254 897 6565 c 817 776 0037 F 254 897 6652 CP-201601102 Ref: 10CFR50.75 T:XX-16134 November 23, 2016 U.S. Nuclear Regulatory Commission Attention: Document Control Desk Director, Office of Nuclear Reactor Regulation Washington, DC 20555-0001

SUBJECT:

Comanche Peak Nuclear Power Plant (CPNPP) and Independent Spent Fuel Storage Installation (ISFSI), Docket Nos. 50-445, 50-446, 72-74 Notice of Planned Reallocation of Funds between Nuclear Decommissioning Trust (NDT)

Funds

Dear Sir or Madam:

The purpose of this letter is to provide notice to the NRC, to the extent required under 10 CFR 50.75(h), of a planned reallocation of funds between the NDTs from Unit 2 to Unit 1. These funds are "qualified" funds pursuant to Internal Revenue Code 486A. For tax reasons, Comanche Peak Power Company LLC (CP PowerCo) expects to take this action prior to December 31, 2016.

CP PowerCo is the NRC-licensed owner of the CPNPP Units 1 and 2. As required under the NRC licenses and 10 CFR 50.75, CP PowerCo maintains qualified NDTs for both units. CP PowerCo recently learned that it erroneously contributed funds intended for the Unit 1 qualified NDT to the Unit 2 qualified NDT. As a result of this error, the Unit 2 NDT received contributions above the Internal Revenue Service's (IRS) allocation for 2016. Accordingly, CP PowerCo intends to transfer approximately

$600,000 (with the final amount to be provided to the NRC via a notice after we received the amount collected by the transmission entity who collects the funds on CP PowerCo's behalf) from the Unit 2 qualified NDT to the Unit 1 qualified NDT before the end of the calendar year. The CPNPP NDTs are more than adequately funded to the NRC standard under 10 CFR 50.75(c) and to their site specific study, and this reallocation will not change that result. The planned reallocation benefits the funds by ensuring tax-preferred treatment authorized by law.

If the NRC has any concerns or questions regarding this notice or the intended transfer, we request that NRC contact us as soon as possible, but preferably no later than December 14, 2016.

This communication contains no new licensing basis commitments regarding CPNPP Units 1 and 2.

If you have any questions regarding this submittal, please contact Timothy A. Hope at (254) 897-6370 or timothy.hope@luminant.com.

U. S. Nuclear Regulatory Commission TXX-16134 Page 2 11/23/2016 Sincerely, Vistra Operations Company LLC (C?~~

Kei/meth J. P'elyrs Ser\ior Vi;_V?.fesident

& Chie-f'Nuclear Officer c-William M. Dean, Director, Office of Nuclear Reactor Regulation Kriss Kennedy, Region IV Margaret M. Watford, NRR Resident Inspectors, Comanche Peak