ML20070P056

Comment Supporting Proposed Rule 10CFR50 Re NRC Draft Policy Statement on Use of Decommissioning Trust Funds Before Decommissioning Plan Approval

ML20070P056
Person / Time
Site:	Indian Point
Issue date:	04/19/1994
From:	COMMONWEALTH EDISON CO.
To:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
References
FRN-59FR5216, RULE-PR-50 59FR5216-00012, 59FR5216-12, NUDOCS 9405110020
Download: ML20070P056 (2)

Text

- - - . - . -. . . . - _ ~- - _ - . . _ . _-- ..-

l .

a ,,

f Stiphin B. Bram jC.('KET HUMBER wosso sute PR 90 -

Consohdated Edison Company of New York. Inc.(69 F R 5.114)

Indian Point Station April 19, 1994 DOCKETED g3gg

/.2.

Broadway & Bleakley Avenue Buchanan. NY 105'11 Telephone (914) 734 5340 Ret Indian Point UQ g 22 P4 3 0 Docket No. 50-247 0FFICE OF SECRETARY 00CKEiiNG & SERVICE Samuel Chilk 5 RANCH Secretary US Nuclear Regulatory Commission i Washington, DC l Attention: Docketing and Services Branch

SUBJECT:

NRC Draft Policy Statement on the Use of Decommissioning Trust Funds Before Decommissioning Plan Approval I l

We have reviewed the subject matter as reflected in Federal Register notice 59 FR 5216 and fully support its objective of allowing the use of external nuclear decommissioning trust funds to pay for the removal of components and other decomissioning related activities before NRC approval of a licensee's decommissioning plan.

As you are aware, Consolidated Edison operates a multi-unit site consisting of Indian Point Units 1 and 2. While Indian l

Point Unit 2 is still operating, Indian Point Unit 1 was effectively shut down by NRC Confirmatory Order Dated June 19, 1980. A decomissioning plan was submitted in connection with this order, pursuant to 10 CFR 50.82, on October 17, j l 1980. This decommissioning plan is still pending before the l

Commission. '

As noted in the Indian Point Unit 1 decommissioning plan, we continue to utilize Unit 1 systems and structures to support ongoing activities on Unit 2. These endeavors sometime involve the removal of, or modifications to, Unit 1 systems / structures / components which benefit future i decommissioning activities and Con Edison's current objective to permit the release of the property for unrestricted use af ter decomissioning. Thus, similar to other utilities with both operating facilities and shut down facilities with l

unapproved decommissioning plans, we have an ongoing need to address the current use of decommissioning funds to benefit,

, shorten or simplify future decommissioning activities.

I i

I 9405110020 940419 h P PDR 50 5216

1 We therefore welcome the clarification-and guidance provided-in the subject policy statement. In this regard, we submit that criterion No. 1 (59 FR 5217) may be _ unnecessarily stringent, .in that it would limit trust withdrawals to decommissioning activities as defined in 10 CFR 50.2. We submit that trust withdrawals should . also be permitted for ,

early decommissioning related activities which, although.not .l l

themselves directly reducing radioactivity at'the site, will significantly facilitate such activities when they subsequently occur.

We also urge the Commission to clarify footnote number two of its draft policy statement (50 FR 5216), which nominally states that the policy statement does not apply to licensees

'with operating nuclear reactors. There will be many instances where utilities. owning all or part of more than one i reactor will' wish to avail themselves of the Commission's l policies . pertaining- . to pre-plan approval use of l decommissioning trust funds for' shut down reactors. So long l as usage of trust withdrawals is identifiable with the shut I down reactor and does not. diminish decontamination funding subsequently available for reactors which are continuing to 1 operate, there is no reason why multi-reactor licensees j should be treated dif ferently than single-reactor licensees for purposes of this policy statement. This clarification can be afforded in the Commission's final policy ~ statement  !

without affecting.the broader (and independent) issue of the j use of decommissioning trust funds for operating plants.

We appreciate the opportunity to comment on this important

. matter and look forward to the finalization and issuance of l this policy statement.

Very truly yours, y

_ . . . - , , . , _ _ . . . _ _ .