ML20119A538

Comment from Secretary Patrick Mcdonnell on the Three Mile Island Nuclear Station, Unit 2; Consideration of Approval of Transfer of License and Conforming Amendment

ML20119A538
Person / Time
Site:	Three Mile Island
Issue date:	04/27/2020
From:	Mcdonnell P State of PA, Dept of Environmental Protection
To:	NRC/SECY
SECY/RAS
References
NRC-2020-0082
Download: ML20119A538 (21)

Text

Page 1 of 1 As of: 4/28/20 8:24 AM Received: April 27, 2020 Status: Pending_Post PUBLIC SUBMISSION Tracking No. 1k4-9gcz-kgju Comments Due: April 27, 2020 Submission Type: Web Docket: NRC-2020-0082 Three Mile Island Nuclear Station, Unit 2; Consideration of Approval of Transfer of License and Conforming Amendment Comment On: NRC-2020-0082-0001 Three Mile Island Nuclear Station, Unit No. 2; Consideration of Approval of Transfer of License and Conforming Amendment Document: NRC-2020-0082-DRAFT-0003 Comment on FR Doc # 2020-06387 Submitter Information Name: Patrick McDonnell Submitter's Representative: Alicia Duke Organization: PA Dept of Environmental Protection Government Agency Type: State Government Agency: PA Department of Enviornmental Protection General Comment Commonwealth of Pennsylvania, Department of Environmental Protection - Comments Attachments April 27 2020 DEP TMI Comment Letter FINAL https://www.fdms.gov/fdms/getcontent?objectId=09000064844f2b19&format=xml&showorig=false 04/28/2020

April 27, 2020 VIA Website: https://www.regulations.gov/ Docket ID NRC-2020-0082 U.S. Nuclear Regulatory Commission Re: Docket ID NRC-2020-0082 Three Mile Island Nuclear Station, Unit No. 2; Consideration of Approval of Transfer of License and Conforming Amendment Docket No. 50-320 LT-Commonwealth of Pennsylvania Department of Environmental Protection Comments The Commonwealth of Pennsylvania, Department of Environmental Protection (Department or DEP) submits the following comments on the application of GPU Nuclear, Inc. (GPU Nuclear), Metropolitan Edison Company, Jersey Central Power & Light Company, and Pennsylvania Electric Company (collectively referred to as the FirstEnergy Companies) and TMI-2 Solutions, LLC (TMI-2 Solutions) (collectively Applicants) to transfer the Possession Only License No. DPR-73 for Three Mile Island Nuclear Station, Unit 2 (TMI-2) from the FirstEnergy Companies to TMI-2 Solutions (Application).

In March of 1979, the TMI-2 experienced the worst commercial nuclear accident in U.S.

history. The accident resulted in damage to approximately 90% of the reactor cores enriched uranium fuel and associated components, released millions of curies of radioactive noble gases into the environs, severely damaged reactor systems, and grossly contaminated the interiors of the containment and auxiliary buildings. Despite the numerous entries into the containment building to remove damaged nuclear fuel in the 1980s, there are significant areas in the plant with unknown radiological conditions related to the TMI Unit 2 accident. Specifically, external gamma radiation measures may have been made with limited stay times or remote survey instruments, however, the current detailed surface contamination levels of Cs-137, Sr-90 or H-3 (tritium) are not known. As part of the application, the licensee should make known to NRC and the Department any contamination that was covered by clean concrete or sealant during this recovery period. This concern also relates to any radioactive contamination that has migrated into the concrete volume or other surface material.

While the Department welcomes a properly conducted and expedited cleanup and restoration of the TMI-2 site, the obvious risk of a funding shortfall and the attendant significant health, safety, environmental, financial and economic risks to the Commonwealth and its citizens raise serious questions about the realization of that benefit. If the Applicants financial assurances and agreements with third parties are insufficient or lacking to cover all of TMI-2 Solutions costs for dismantlement and waste disposal, the Department is concerned that the citizens of Pennsylvania will become the payers of last resort.

On April 6, 2020, the Department sent a letter to Kristine L. Svinicki, Chairperson of NRC, outlining the Departments concerns about this license transfer and requesting a meeting to further discuss the matter. (Exhibit A).

Secretary Rachel Carson State Office Building l P.O. Box 2063 l Harrisburg, PA 17105-2063 l 717.787.2814 l www.dep.pa.gov

TMI Unit-2 Comments April 27, 2020 The Department also sent a copy of this letter to the Applicants. On April 13, 2020, the Department received a written response addressing some of its concerns that was signed by the President of GPU Nuclear and the President of EnergySolutions. (Exhibit B).

The Departments objective in filing these comments is to ensure that there is a full record developed in order for the NRC to properly determine whether the current and proposed licensees have sufficient funds available now and into the future to satisfactorily decommission and restore the TMI-2 site given its unique factual history and its location in the middle of the Susquehanna River. The concerns addressed in the categories outlined below need to be fully addressed by the NRC and licensee to ensure protection of public health and safety.

The Department reminds the NRC that [i]n determining whether such amendment involves no significant hazards consideration, the Commission shall consult with the State in which the facility involved is located. In all other respects such amendment shall meet the requirements of this chapter. 42 U.S.C. § 2239(a)(2)(A). The Department requests the NRC engage in discussions with it regarding its comments, in addition to providing a written response.

The Departments comments are outlined below in the following categories:

Comment Categories:

• Radiation Protection

• Flood Protection

• Radioactive Waste Handling

• Public Involvement

• Financial Assurance Radiation Protection:

The Department requests that the current/proposed licensees share the TMI-2 radiological characterization study report conducted by Radiation Safety and Control Services Inc. (RSCS) with it.

Flood Protection:

After its initial review of the Application, the Department suggested in its April 6, 2020 letter that the site owner/licensee continue to maintain flood dike controls throughout the decommissioning process.

This comment has been addressed to the Department satisfaction in the Applicants April 13, 2020 letter. The Applicants explained that the flood dike is no longer required to be maintained. (See Applicants letter dated April 13, 2020, Enclosure Page 2, response #3 under the section Environmental and Safety Impacts.)

The Department requests that the current/proposed licensees share the flood control plan with it.

TMI Unit-2 Comments April 27, 2020 Radioactive Waste Management and Disposal:

The Department requests that the NRC confirm that the U.S. Department of Energy (DOE) has agreed in writing to take possession of the TMI-2 damaged fuel. If DOE does not take possession of the damaged fuel, the NRC should determine whether the licensee has a detailed plan for long term storage of the damaged fuel onsite, including cost estimates for construction and maintenance of the Independent Spent Fuel Installation Storage Facility- (ISFSI).

The Department asked in its April 6, 2020 letter that information be provided relative to plans for the disposition of the contaminated lead shielding in use throughout TMI Unit 2 which is now considered mixed waste.

• The Applicants addressed this comment to the Departments satisfaction in their April 13, 2020 response. (See Applicants letter dated April 13, 2020, Enclosure Page 5, response

1. 2 under the section Radioactive Waste). The NRC will also need to assess whether the Applicants response is sufficient to satisfy NRC requirements.

The Department requested in its April 2020 letter that an estimate of volume (cubic feet) and activity (curies) of Class A, B, and C low-level radioactive waste be provided; and that the Applicants confirm that the Waste Control Specialist (WCS) facility in Texas has agreed to accept Class B and C radioactive waste from TMI-2.

• The response in the Applicants April 2020 letter only addresses the volume of Class B and C radioactive waste. It does not address Class A radioactive waste, nor does it address the activity of Class A, B, and C waste. (Enclosure Page 6, response #3 under Radioactive Waste).

• The Applicants April 2020 letter addressed the second part of this comment concerning the WCS facility in Texas agreement to accept Class B and C radioactive waste from TMI-2. (Enclosure Page 6, response #4 under the section Radioactive Waste).

The Department previously asked if there is any Greater-Than-Class C (GTCC) low-level radioactive waste in TMI-2 and if so whether it will be stored onsite.

• The Applicants addressed this comment to the Departments satisfaction in their April 2020 response. (See Applicants letter dated April 13, 2020, Enclosure Page 6, response

1. 5 under the section Radioactive Waste). The NRC will also need to assess whether the Applicants response is sufficient to satisfy NRC requirements.

The Department also requested that, considering that shallow land burial of low-level radioactive waste in Pennsylvania is prohibited by state statute, the NRC provide insight into its consideration and approval, if applicable, of the disposal of very low-level radioactive waste in non-hazardous landfills.

TMI Unit-2 Comments April 27, 2020

• The NRC has not yet addressed this issue. However, the Department appreciates the Applicants response in their April 2020 letter. (See Applicants letter dated April 13, 2020, Enclosure Page 6, response #6 under the section Radioactive Waste).

Public Involvement:

The Department strongly recommends the formation of a Citizens Advisory Committee to provide advice and recommendations to the licensee on matters of public concern regarding decommissioning activities, similar to that of the Saxton Station Decommissioning Project in Bedford, Pennsylvania.

In their April 2020 response Applicants referenced a Citizens Awareness Panel which is not the same as the Departments recommendation. An Awareness Panel may not be empowered to provide significant input into decommissioning activities. (see Applicants letter dated April 13, 2020, Enclosure Page 3, response #4 under the section Environmental and Safety Impacts).

The Department also strongly recommends the NRC hold a public meeting after the publication of the next Post Shutdown Decommissioning Activities Report (PSDAR), and again prior to start of the Phase 1 decommissioning activities.

Financial Assurance:

The Application for the license transfer of TMI-2, dated November 12, 2019, states that once transfer occurs the NDT must maintain a minimum balance of $800 Million. (Attachment 1 of the Application, p. 11). Furthermore, the Application states that Decommissioning Cost Estimates are approximately $1.06 Billion (in 2019 dollars) (Attachment 1 of the Application pp. 9-10; Enclosure 7). A previous decommissioning cost estimate submitted to the NRC by GPU Nuclear was approximately $1.22 Billion (in 2014 dollars) (see TMI-15-036 - March 27, 2015 - Decommissioning Funding Status Report for the Three Mile Island Nuclear Station, Unit 2, Attachment 2, p. 1). The Department believes additional information needs to be provided to it and the NRC to justify a significant reduction in the cost estimate since 2014.

TMI-2 Solutions anticipates that Phase 1 of the decommissioning costs for the higher activity areas and unknowns of the fuel debris that will be worked on through 2028 will be approximately $563 Million. (Attachment 1 of the Application, p. 10; Enclosure 7). The more routine decommissioning of the reactor in Phase 2 is anticipated to cost approximately $494 Million. (Attachment 1 of the Application, p. 10; Enclosure 7). The Application also states, multiple times, that approximately $56 Million will be maintained for the long-term storage of fuel debris material after completion of Phase 2, to cover any remaining site closure issues, and the removal of the storage facility. (Attachment 1 of the Application, p. 12; Enclosure 7).

However, the $56 Million is not included in the $1.06 Billion cost approximation. (Attachment 1 of the Application, Enclosure 7, p. 6, notes to Figures 7.2 and 7.3). The NRC needs to carefully consider the accuracy of these cost estimates especially since the licensee has only just begun in-depth characterization of TMI Unit 2.

TMI Unit-2 Comments April 27, 2020 The Applicants state that funds contained in the NDT will be adequate for decommissioning when fund growth over the decommissioning term is considered. The Department recommends that the NRC require the Applicants to supplement the record to fully explain the Applicants assumption that $200 Million would accrue in the NDT over the 16-year anticipated decommissioning process. In addition, the Application states that the Purchase Agreement does not foreclose TMI-2 Solutions from deferring active Decommissioning work, if necessary, to preserve or grow NDT funds. (Attachment 1 of the Application, p. 11). The NRC needs to obtain additional information from the Applicants to understand more about when that would happen.

Attachment 1 of the Application on Pages 10-11 states that prior to the closing on the transaction, GPU Nuclear will make withdrawals from the NDT to pay for accrued but unpaid expenses. However, a description of these expenses is not included in the Application. The Department believes it is important that the NRC require the Applicants to fully itemize and justify any withdrawal amount from the NDT prior to the license transfer so that the NRC, the Department, and the citizens of Pennsylvania can be assured that funds are withdrawn for appropriate purposes as per NRC regulations.

Attachment 1 of the Application, Enclosure 7, Figures 7.2 and 7.3 in the application state that there are contingencies added to various parts of the cost estimates. These contingencies seem to vary in percentage with a range between 18% and 25%. With the unknowns associated with TMI Unit 2, the NRC should seriously question whether a 25% contingency cost estimate is adequate. It is unclear how the Applicants contingencies are formulated and whether they meet the NRC requirements for Standard Review Plan on Power Reactor Licensee Financial Qualifications and Decommissioning Funding Assurance, including 10 CFR § 50.33(k) which requires that reasonable assurance be provided that funds are available to decommission as described in 10 CFR §§ 50.75 and 50.82.

The Department is uncertain whether the Applicants have fully complied with the NRC Regulatory Guide 1.159-2 Assuring the Availability of Funds for Decommissioning Nuclear Reactors Revision 1 (October 2003) (ADAMS Accession No. ML032790365). This guidance underscores the importance of the guidance rule that a lack of funds does not result in delays in or improper conduct of decommissioning that may adversely affect public health and safety. Id.

at 1.159-2. Two factors are considered when evaluating if financial assurance has been made, the amount of funds needed for decommissioning and the method used to provide financial assurance. Id. It is critical that the NRC Commissioners and staff have a thorough understanding on these matters before any decision is reached by the Commission.

Ensuring that TMI-2 Solutions maintains a level of financial assurance and utilizes decommissioning funds in a manner that is sufficient to protect workers and public health, safety, and the environment in the event unforeseen conditions or expenses arise and to ensure the availability of funds to ultimately release the site and terminate the license is especially important for the NRC to accomplish given the unique historic and factual circumstances surrounding the decommissioning of TMI-2 and its location in a waterway that impacts multiple locations. 10 CFR § 50.82(a)(8)(i)(B) and (C).

TMI Unit-2 Comments April 27, 2020 Attachment 1of the Application on Page 2 states that TMI-2 Solutions will provide financial assurance in the following manner:

Upon Closing, the assets from the TMI-2 tax-qualified nuclear decommissioning trust fund (NDT) will be transferred to a tax-qualified NDT established by TMI-2 Solutions. The form of the NDT agreement is provided in Enclosure 3A.

Enclosure 3A contains confidential commercial and financial information. A redacted version of the NDT Agreement suitable for public release is available as Enclosure 3B. The funds in the NDT will be sufficient to complete Decommissioning of TMI-2 under the accelerated schedule. In addition, TMI-2 Solutions will have in place additional Decommissioning financial assurance instruments valued up to $100 million during the most critical phases of the project, as well as a parent guarantee of payment and performance by EnergySolutions (Parent Guarantee). This is discussed further in Part V and Enclosure 4A of this Application. Enclosure 4A contains confidential commercial and financial information. A redacted version of this enclosure suitable for public release is available as Enclosure 4B. of Application, p. 2.

The Applicants state that they will obtain $50 Million of on-site nuclear property damage insurance. Attachment 1 of Application p. 13. It is unclear what such insurance will cover and how the Applicants plan on obtaining it. The Department recommends that the NRC request additional information regarding the Applicants insurance policy.

The current record does not provide the NRC with the information necessary to fully evaluate the validity and adequacy of available funding necessary to support the financial assurances made by TMI-2 Solutions. It is unclear what the financial assurance instruments valued at up to $100 Million are and what the phrase up to means. Also, the Application does not provide a defined amount of funds that will be provided by the Parent Guarantee. In , Enclosure 4B, the Applicants list a Back-Up & Provisional Nuclear Decommissioning Trust, an Irrevocable Letter of Credit and a Financial Support Agreement as additional financial assurances. The Applicants, however, do not provide a defined amount of funds that will be placed into those additional financial assurances. The Applicants also do not provide information about the beneficiary of the Back-Up & Provisional Nuclear Decommissioning Trust. Notably, the defined beneficiary of the Parent Guarantee includes the FirstEnergy Companies, but TMI-2 Solutions is not a beneficiary and is not a party to the Parent Guarantee. Importantly, the Department is neither a party nor a beneficiary to any of the financial assurance instruments and could not directly invoke those guarantees should it become necessary. As a separate concern, the global pandemic of COVID-19 has greatly affected financial markets, and the Department has serious concerns about how this impacts the assumptions made by the Applicants in the various financial assurance instruments and Parent Guarantee it will have accessible during the decommissioning of TMI-2.

Because EnergySolutions is not a publicly traded corporation, details on its annual financial information are not readily available to the Department. The Departments past

TMI Unit-2 Comments April 27, 2020 experience with financial assurances of this nature is that the parent company is subject to an annual financial audit. This audit would compare the liability of decommissioning TMI Unit 2 as well as the corporate-wide liabilities of the parent company with the liquidity of the parent company to determine available funding in the event of a bankruptcy. It is unclear from the Application whether this will be done here. The record needs to be developed to provide sufficient information for the Commission to determine the adequacy of the financial assurances made in the Application. The Department recommends that the NRC request that EnergySolutions and its consolidated subsidiaries provide audited financial statements and tax returns for the years ending December 31, 2017, December 31, 2018, and December 31, 2019, to analyze and determine its financial viability.

After review of the Application, it is unclear to the Department where the ultimate responsibility and liability lie should TMI-2 Solutions fail to have enough funds set aside for decommissioning and associated activities and then cease to exist. In Applicants April 13, 2020 letter they state that TMI-2 Solutions will assume all responsibility for all licensed activities at the TMI-2 site. (See GPU/EnergySolutions April 31, 2020 letter Enclosure page 9 of the entire document). Given the obvious uncertainties and complexities associated with cleaning up the remains of TMI-2s damaged fuel debris, the reactor vessel, coolant system, associated piping and safety systems, and containment and auxiliary buildings, the demonstration of adequate funding to complete the decommissioning of TMI-2 and restoration of the site, is a significant concern of the Department and the citizens of Pennsylvania. The need for the NRC and the Department to carefully evaluate the financial adequacy of TMI-2 Solutions is paramount because the additional financial instruments and the Parent Guarantee raise many questions and concerns. The Parent Guarantee states that it would continue to be effective or be reinstated if it is ever rescinded and returned in case of bankruptcy. However, this statement might run against the provisions of the Bankruptcy Code and not be enforceable.

It is not clear to the Department whether enough funds are set aside if long term storage must occur onsite. The Application states that it is likely that TMI-2 Solutions will have to plan for long term storage onsite. Page 12 of the Application states that these costs are estimated to be approximately $56 Million (2019 dollars). Again, the $56 Million is not included in the $1.06 Billion decommissioning approximation. (Attachment 1 of the Application, Enclosure 7, p.6, note to Figures 7.2 and 7.3) The Department wants the record developed in order for the NRC to confirm that Applicants have properly estimated and set aside funds for long term storage pursuant to 10 CFR 50.33(k) and 50.54(bb).

Page 18 in Section 2.2.7 of the Asset Purchase and Sale Agreement included in Enclosure 1B of the Application, lists as excluded assets from the sale to the Buyer, TMI-2 Solutions,

[t]he fund established by Sellers to pay for post-defueled monitored storage costs and all cash and securities or other assets held in that fund. The NRC should obtain additional information from the Applicants about the current value of that fund and why the fund associated with post-defueled storage costs and other assets is not being transferred to TMI-2 Solutions.

The Department has entered into a Non-Disclosure Agreement with the Applicants and is hopeful that additional information that is provided will address the concerns raised in this letter and be included in the official record that the NRC will use to make its determination.

TMI Unit-2 Comments April 27, 2020

==

Conclusion:==

The Department is cognizant that the Commission will consider but is not required to respond to comments submitted in this docket. The Department confirmed that NRC placed the Departments April 6, 2020 letter in the Agency-wide Documents Access and Management System (ADAMS). The Department believes it would be in the best interests of all parties for the Commission to provide a written response to the Departments concerns as part of the record and require the Applicants to supplement the record to address the concerns raised by the Department.

Sincerely, Patrick McDonnell Secretary cc: David J. Allard, Director, Bureau of Radiation Protection, DEP Timothy P. Matthews, Esq.

Daniel F. Stenger, Esq.

Exhibit A April 6, 2020 Kristine L. Svinicki, Chairman U.S. Nuclear Regulatory Commission Office of the Chairman Mail Stop O-16 B33 Washington, D.C. 20555-0001 Re: Three Mile Island Unit 2 License Transfer

Dear Chairman Svinicki:

I am writing to you to express my serious concern regarding the proposed license transfer of the Three Mile Island Unit 2 (TMI Unit 2) nuclear power plant from GPU Nuclear Corporation to the EnergySolutions subsidiary TMI-2 Solutions, LLC (TMI-2 Solutions).

As you are aware, in 1979, the TMI Unit 2 power reactor had the worst nuclear accident in U.S.

history. The TMI Unit 2 nuclear accident resulted in damage to the majority of the reactor core, released millions of curies of radioactive noble gases into the environs, and grossly contaminated the interiors of the containment and auxiliary buildings. Because of this, we understand there are very high radiation areas within TMI Unit 2 that present a grave risk to personnel that enter.

Despite the limited entries into the containment building to remove damaged nuclear fuel in the 1980s, there are vast areas in the plant with unknown radiological conditions related to the TMI Unit 2 accident. I firmly believe TMI Unit 2 is the most radiologically contaminated facility in our nation outside of the Department of Energys weapons complex.

When it was announced that TMI Unit 1 was going to be permanently shut down, the Commonwealths residents and the Pennsylvania Department of Environmental Protection (DEP))

believed this to mean that TMI Unit 1 would enter into a SAFSTOR status for several decades and be decommissioned first. This would allow for the further decay of radioactivity within TMI Unit 2 and reduce worker exposure and possible environmental releases of radiation during clean up.

However, this understanding is no longer the case. With the announcement of GPU Nuclear Corporation planning to shed its responsibility for TMI Unit 2 to TMI-2 Solutions, we now understand that TMI-2 Solutions plans to immediately begin the decommissioning of TMI Unit 2 with the accrued $800 million in the financial assurance fund that GPU Nuclear Corporation and the NRC currently control. This leaves us with many questions and concerns, which I outline in more detail below, about what a license transfer of TMI Unit 2 will mean for Pennsylvania, the local environment, and the communities surrounding Three Mile Island.

Secretary Rachel Carson State Office Building l P.O. Box 2063 l Harrisburg, PA 17105-2063 l 717.787.2814 l www.dep.pa.gov

Kristine L. Svinicki, Chairman April 6, 2020 Concerns with Three Mile Island Unit 2 License Transfer Environmental & Safety Impacts Due to the TMI Unit 2 power reactor partial meltdown, it is our understanding there are still very high radiation areas within TMI Unit 2 that would present a grave risk to any personnel that enter.

Related to this understanding, I have the following questions about environmental impacts and safety associated with the decommissioning of TMI Unit 2:

• What increased environmental surveillance and pollution controls will the NRC require during clean-up of TMI Unit 2 to ensure any radiological releases are detected?

• The TMI Unit 2 facility is in the middle of the Susquehanna River, a major water supply for the region that drains into the Chesapeake Bay. What environmental and pollution controls will be put in place to ensure no contamination of this critical water source?

• What flood controls will be utilized during decommissioning to mitigate a worst-case flood scenario on the Susquehanna (e.g. a weather event similar to Hurricane Agnes in 1972 that produced 19-inches of rain in Pennsylvania)?

• Will the NRC require a local decommissioning advisory committee to be established to assure the clean-up of TMI Unit 2 is transparent to the public and local and state governments?

Cost of Clean-Up & Financial Responsibility As noted above, GPU Nuclear Corporation and the NRC currently have $800 million in its financial assurance fund for decommissioning TMI Unit 2. However, estimates have shown it will cost $1.2 billion to decommission TMI Unit 2. For these reasons, I have the following questions, related to the cost and financial responsibility of cleaning up TMI Unit 2:

• Given there is a significant disparity between the estimated cost to decommission TMI Unit 2 from the amount of funds currently available, what funding source will be used to cover the deficit?

• Since the radiological conditions inside TMI Unit 2 are unknown, the actual cost to decommission it could be much higher than the current estimate of $1.2 billion. What legal and financial assurances will be put in place to address this potential?

• Who will the NRC require to retain financial responsibility to clean-up TMI Unit 2 after the license has been transferred?

Radioactive Waste Handling Due to the severe contamination from the partial meltdown and the unknown radioactivity levels of materials that will need to be disposed, I request to know the following information related to how the radioactive waste from TMI Unit 2 will be handled:

• Has the U.S. Department of Energy agreed to dispose of the TMI Unit 2 reactor vessel, which has a portion of the damaged nuclear fuel from the 1979 accident still fused inside?

Kristine L. Svinicki, Chairman April 6, 2020

• How will TMI-2 Solutions dispose of any contaminated lead shielding, which is now mixed waste, that may be present in TMI Unit 2?

• Are there volume and activity estimates of the Class B & C low-level radioactive waste that cannot be shipped to the EnergySolutions disposal site in Utah?

• Has the low-level radioactive waste disposal site in Texas agreed to accept the Class B & C waste?

• Is there any greater than Class C low-level radioactive waste in TMI Unit 2? If so, will that remain onsite?

• If asked by the licensee, will the NRC consider and approve very low-level radioactive waste to be disposed of in non-hazardous landfills in Pennsylvania?

Given my stated concerns, I hope you and your fellow Commissioners will thoughtfully consider the unique aspects of the severely damaged TMI Unit 2 nuclear reactor and not approve a license transfer until all parties are satisfied that the decommissioning can be done safely. Equally important, we require firm legal assurances that financial resources are available to complete decommissioning once started, including bonding between the Commonwealth and licensee.

I also expect no radioactive waste from TMI Unit 2 will be left on Three Mile Island.

Additionally, I ask your executive staff and the current and proposed licensee brief my fellow local and state officials responsible for protection of the public and environment. Obviously, the current health crisis will dictate whether this meeting is in person or virtual. Furthermore, in that the licensee has recently amended the Post-Shutdown Decommissioning Activities Report (PSDAR) and has proposed a significant schedule change, the Pennsylvania DEP expects the NRC to hold a local PSDAR meeting after the COVID-19 situation has resolved so that the proposed clean-up work at TMI Unit 2 and timeline can be presented to the public, with ample opportunity for questions and discussion.

Should you or your staff have any questions regarding my stated concerns or wish to discuss them further, please feel free to contact David J. Allard, Director for Bureau of Radiation Protection, by e-mail at djallard@pa.gov or by telephone at 717.787.2480.

Sincerely, Patrick McDonnell Secretary cc: David J. Allard, Director, Bureau of Radiation Protection, DEP NRC Commissioner Jeff Baran, Washington, DC 20555-0001 NRC Commissioner Annie Caputo, Washington, DC 20555-0001 NRC Commissioner David A. Wright, Washington, DC 20555-0001 David Lew, Regional Administrator, U.S. NRC Region I, 2100 Renaissance Blvd., Ste. 100, King of Prussia, PA 19406-2713

Exhibit B