ML17177A163

Pre-Notice of Disbursement from Decommissioning Trust

ML17177A163
Person / Time
Site:	Nine Mile Point
Issue date:	05/09/2017
From:	Ryan D Bank of New York Mellon
To:	Bill Dean Office of Nuclear Reactor Regulation
References
Download: ML17177A163 (2)

Text

!** BNY MELLON Asset Servicing Anthony Polka Vice President Service Director n?ay ~ 2017 Date Mr. William M. Dean Director, Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD. 20852

Subject:

Nine Mile Point Nuclear Station, *units land 2 I Pre-Notice of Disbursement from Decommissioning Trust In accordance with the Renewed Facility Operating License No. DPR-63 for Nine Mile Point Unit 1, Docket50-220, Condition 2(D)(l0), and Renewed Facility Operating License-No. NPF-69, Docket No. 50-410, Condition 2(D)(13), the decommissioning trust agreements' for Units 1 and 2 must contain a requirement that "no disbursements or payments from the trusts, other than for ordinary administrative expenses, shall be made by the trustee unless the trustee has first given the NRC 30 days prior written notice of the payment." In addition, the trust agreements for NMP Units 1 and 2 must further provide that "no disbursements or payments from the trusts shall be made if the trustee receives prior written notice of objection from the Director of the Office of Nuclear Reactor Regulation:"

Article 6 "Distributions," Section 6.5 "Notice to NRC," of the Master Decommissioning Trust Agreement by and between Nine Mile Point Nuclear Station, LLC and The Bank of New York Mellon, I .

successor by operation of law to Mellon Bank, N .A. as Trustee, provides that except for payment of administrative costs and other incidental expenses as provided in Section 6.2, "no disbursement or payments from the Master Trust shall be inade by the Trustee ... unless the Trustee has given the NRC 30-days prior written notice of the payment or disbursement" or if the Trustee receives "prior written notice of objection from the NRC Director, Office of Nuclear Reactor Regulation."

This letter provides the Director of the Office of Nuclear Reactor Regulation written notification of The Bank of New York Mellon's intent to make disbursements from the nuclear decommissioning trusts of Nine Mile Point Nuclear Station, Units 1 and 2. The disbursement of funds will reimburse Exelon Generation Company, LLC; the licensed operator of Nine Mile Point Asset Servicing Room 4040 - BNY Mellon Center - Pittsburgh, PA 15258-000 I (412) 236-0747 - (412) 234-4440 Fax BNYMellon Oe Sio/ Teel s Ori ri I f) q C(; Y) "

f1/l;che-e I ff}arshq I {

!:* BNY MELLON Asset Servicing Anthony Polka Vice President Service Director Units 1 and .2 and co-owner of Nine Mile Point Nuclear Station, LLC for Decommissioning Costs for decC?mmissioning planning of $108,300 incurred at Nine Mile Point Unit l and of $108,300 incurred at Nine Mile Point Unit 2 (based on ownership.share). Nine Mile Point Nuclear Station, 1:.

LLC has confirmed to us in a Disbursement Certificate from Nine Mile Point Nuclear Station, LLC that that the costs to be disbursed are for legitimate decommissioning expenses for decommissioning planning.

We plan to begin making disbursements from the nuclear decommissioning trusts for Nine Mile Point Nuclear Station Units 1 and 2, in the amounts* described above, 30 working days following the date of this letter, in the absence of any written notice of objection from your office. We note

. that the Trust Agreement requires 30 days notice. However, the NRC's regulations at 10 C.F.R. 50.75(h)(l)(iv) refer to notice of thirty (30) working days. To address this discrepancy, the Trustee has been asked not to make the requested disbursements from the Nine Mile Point trusts for the Decommissioning Costs requested herein until after thirty (30) working days from the date of this notice.

If you have any questions about this letter, please contact Tony Polka at (412) 236-0747.

Respectfully, The Bank of New York Mellon, successor by operation of law To Mellon Bank NA, as trustee for Nine Mile Point Nuclear Station, LLC Master Decomissioning Trust for Nine Mile Point Nuclear Station Unit One and Two David Ryan Managing Director The Bank of New YorkMellon CC: NRC Document Control Desk Beth Mizuno, NRC Office of General Counsel (via email at beth.mizuno@nrc.gov)

Brian Andersen (Exelon) -

Asset Servicing Room 4040 - BNY Mellon Center- Pittsburgh, PA 15258-0001 (412) 236-0747 - (412) 234-4440 Fax BNYMellon