ML20137Q166
| ML20137Q166 | |
| Person / Time | |
|---|---|
| Issue date: | 03/12/1997 |
| From: | Mcgaffigan E 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 9704100147 | |
| Download: ML20137Q166 (3) | |
Text
$4 NOTATION VOTE RESPONSE SHEET TO:
John C. Hoyle, Secretary FROM:
COMMISSIONER MCGAFFIGAN SECY-97-041 - PROPOSED AMENDMENTS TO 10 CFR
SUBJECT:
PARTS 30, 40, 5 0 ', 70, AND 72--SELF-GUARANTEE OF DECOMMISSIONING FUNDING BY NON-PROFIT AND NON-BOND ISSUING LICENSES Approved !
Disapproved Abstain i
Request Discussion Not Participating COMMENTS:
l a
SIGMXtUR2
/
Release Vote
/V/
/ b DATE Withhold Vote
/
/
Entered on "AS" Yes No f
9704100147 970401 PDR COMMS NRCC CORRESPONDENCE PDR
l l
NRC PROPOSES TO ALLOW MORE LICENSEES TO USE SELF-GUARANTEE FOR DECOMMISSIONING FUNDING The Nuclear Regulatory Commission is considering amending h
meet stringent its regulations to allow additional licensees w o financial criteria to themselves guarantee adequate funds for
@y /[t&H GWfl0 IN decommissioning.
ermitted financially Since 1993, NRC regulations have
,with bond ratings of A or strong for-profit corporate licenseesA better to make use of a procedure called "self-guarantee" to ensure that adequate funds will be available for decommissioning.
l Other methods--available to all licensees --include a surety 1
insurance, or external bond or letter of credit, prepayment, sinking fund.
Under a self-guarantee, the licensee gives the Commission a written commitment that the licensee will fund and carry out the Licensees who use this required decommissioning activities.
option ~ust pass an annual financial test and report promptly to the NRC any deterioration in financial condition.
Tha proposed amendments would extend the option of using a self-guarantee to non-profit licensees, such as universities and hospitals, and to for-profit licansees who do not issue bonds.
They would have to meet the following financial criteria:
and universities, either (1) a bond rating of
--For colleged A or better; or (2) for institutions that do not issue bonds, an unrestricted endowment of at least $50 million or at least 30 1
s e
l j
coments or upload files (coments).
If the user contacts FedWorld using FTP, all files can be accessed and downloaded but uploads are not allowed; all the.
user will see is a list of files witiuut descriptions (normal Gopher look).
An index file is available listing and describing all files within a subdirectory. There is a 15-minute time limit for FTP access.
Although FedWorld also can be accessed through the World Wide Web. like FTP that % only provides access for downloading files and does not display the NRC Rules Henu.
For more information on NRC bulletin boards call Mr. Arthur Davis, j
Systems Integration and Development Branch. NRC, Washington, DC 20555.
j telephone (301) 415-5780: e-mail AXD30nrc. gov.
Finding of No Significant Environmental Igact: Availability
[
The proposed amendments would allow qualified non-pr and non-bond-issuing licensees the option of using self-guarantee as mechanism for financial assurance for decomissioning. For-profit c rporate licensees that issue bords are already allowed to use nif guarantee. Other licensees may
(
currently elect to use a variety of financial assurance mechanisms, such as surety bonds, letters of credit, and escrow accounts }o comply with decomissioning regulations. The proposed action is intended to offer non-profit and non-bond issuing-nuclear materials licensees and non-power reactor
. licensees greater flexibility by allowing an additional mechanism for licensees that meet the financial criteric for use of self-guarantee.
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. NUCLE AR REGULATORY COMMISSION '
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$ECMETARY 1
MEMORANDUM'TO:
L. Joseph Callan i
Execugi
. Director for-Operations l
( <---
Joh
'. Hoyi, Secretary FROM:
- PROPOSED
' STAFF REQUIREMENTS-- SECY-97-041
SUBJECT:
AMENDMENTS TO.10 CFR PARTS 30, 40, 50,. 70,
~AND 72 - 'SELF-GUARANTEE OF DECOMMISSIONING 1
FUNDING BY NON-FROFIT AND NON-BOND ISSUING LICENSEES i
The Commission has approved publication of'the Notice of Proposed j
to the comments and
,Rulemaking in the Federal Register sub ect editorial changes noted below.
5/2/97)
(SECY Suspense:
(EDO)
The staff.should provide additional explanation in the rule as to a Division II level of compatibility and j
the intent'in making it specifically address whether Agreement States, by being more have to develop a rule allowing self-restrictive, would not
. guarantee.
e'l regulations that will require The staff shcula ensure thatthis rule have been identified.
The amendments to encompeso the regulatory guidance needed to
. staff should also ensure that encompass.this rule is identified and modified before the rule is finalized.
The'following editorial comments should be incorporated prior to j
publication:
1.
In the public announcement, page 1, line 3, delete
'themselves' and replace it with 'self.'
2.
.In.the public announcement, page 1, line 6, insert
'(other than electric utilities)' after ' licensees.'
j LSECY NOTE:
THIS SRM, SECY-97-041, AND THE COMMISSION VOTING RECORD CONTAINING THE VOTE SHEETS OF ALL COMMISSIONERS WILL Be MADE PUBLICLY AVAILABLE 5 WORKING DAYS FROM THE DATE OF THIS SRM.
1.
[
I a
b' o 3.
In the public announcement, page 1, line 9, delete the extra 's' at the end of licensees.
In the Federal Reaister notice, page 15, last 4.
paragraph, line 4, insert 'if they meet the regulatory criteria' after_'self-guarantee.'
- cc:
Cnairman Jackson Commissioner Rogers Commissioner Dicus Co'mmissioner Diaz Commissioner McGaffigan OGC CIO CFO OCA OIG Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)