ML20137Q142

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Notation Vote Approving W/Comments SECY-97-041, Proposed Amends to 10CFR30,40,50,70 & 72 - Self Guarantee of Decommissioning Funding by Non-Profit & Non-Bond Issuing Licenses
ML20137Q142
Person / Time
Issue date: 03/18/1997
From: Dicus G
NRC COMMISSION (OCM)
To: Hoyle J
NRC OFFICE OF THE SECRETARY (SECY)
Shared Package
ML20137Q089 List:
References
SECY-97-041-C, SECY-97-41-C, NUDOCS 9704100140
Download: ML20137Q142 (3)


Text

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NOTATION VOTE RESPONSE SHEET TO: John C. Hoyle, Secretary FROM: COMMISSIONER DICUS

SUBJECT:

SECY-97-041 - PROPOSED AMENDMENTS TO 10 CFR PARTS 30, 40, 50, 70, AND 72--SELF-GUARANTEE OF DECOMMISSIONING FUNDING BY NON-PROFIT AND NON-BOND ISSUING LICENSES Approved XX Disapproved Abstain Not Participating Request Discussion COMMENTS:

Comments attached l

l i

l i eh e, Liho QJ dIGNATURE Release Vote / XX / '7')Jy.t,,4 /F, /77 2

/

( DATE Withhold Vote / /

Entered on AS" Yes No i

J 9704100140 970401 l PDR COMMS NRCC CORRESPONDENCE PDR g [ff

i Comments or, secy-97-041 1

1. The proposed rule is a Division II level of compatibility, and indicated 4

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-that States would therefore have the option of whether to allow self-guartitee. Generally, a Division II level of compatibility for a rule .

5 recuires Agreement States to address the rule. but' allows the States to adcress it in their own way. A Division III level of compatibility allows. ,

the States the option of adopting a rule.

j If. the staff's intent is that by making the rule a Division II level of ,

i compatibility. 4reement States by being more restrictive, do not have to .

1 devel@ a rule allowing self-guarantee, the staff should explain this in 4 the rule to eliminate confusion on the part of Agreement States. Another I j option is to make the rule a Division III level of compatibility.

2. The staff should ensure that all regulations that will require amendments ,

l to encompass this' rule have been identified.

3. Before the rule become.c final'. the staff should ensure that regulatory guidance in need of m>dification to encompass this rule is identified and i

modified in a timely fashion.

! 4 Editorial comment on the public annouacement is attached.

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.w-, , - - - . . - - ~ ,

9 NRC PROPOSES TO ALLOW HORE LICENSEES l TO USE SELF-GUARANTEE FOR DECOMMISSIONING FUNDING i

The Nuclear Regula. tory Commission is considering amending its regulations to a11cv additional licensees who meet stringent financial criteria to themselves guarantee adequate funds for

. A

' dscommissioning. Se lf "

Since 1993, NRC regulations have permitted financially I

otrong for-profit corporate licensees with bond ratings of A or better to make use of a procedure called "self-guarantee" to ensurn that adequate funds will be available for decommissioning.

.l Other methods--availabic to all licenseess--include a surety bond or letter of credit, prepayment, insurance, or external sinking fund'

' Under a self-guarantee, the licensee gives the Commission a l

i written commitment that the licensee will fund and carry out the required decommissioning activities. Licensees who use this option must pass an annual financial test and report promptly to the NRC any deterioration in financial condition.

The propcAud amendments would extend the option of using a self-guarantee to non-profit licensees, such as universities and hospitals, and to for-profit licensees who do not issue bonds.

They would have to meet the following financial criteria:

a bond rating of

--For colleges and universities, either (1)

A or better; or (2) for institutions that do not issue bonds, an east 30 unrestricted endowment of at least $50 million or at 1

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