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
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$4 NOTATION --
VOTE RESPONSE SHEET TO: John C. Hoyle, Secretary FROM: COMMISSIONER MCGAFFIGAN
SUBJECT:
SECY-97-041 - PROPOSED AMENDMENTS TO 10 CFR PARTS 30, 40, 5 0 ', 70, AND 72--SELF-GUARANTEE OF DECOMMISSIONING FUNDING BY NON-PROFIT AND NON-BOND ISSUING LICENSES Disapproved Abstain Approved !
i Not Participating _
Request Discussion COMMENTS:
l a
SIGMXtUR2
/ / b Release Vote /V/ ' DATE Withhold Vote / /
Entered on "AS" Yes No I f
9704100147 970401 PDR COMMS NRCC CORRESPONDENCE PDR
l I l
l
' NRC PROPOSES TO ALLOW MORE LICENSEES l
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 l i
financial criteria to themselves guarantee adequate funds for IN decommissioning. @y /[t&H GWfl0 l
ermitted financially Since 1993, NRC regulations have l
,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 1
Other methods--available to all licensees --include a surety 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 required decommissioning activities. Licensees who use this 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:
--For colleged and universities, either (1) a bond rating of A or better; or (2) for institutions that do not issue bonds, an unrestricted endowment of at least $50 million or at least 30 1
s e
l coments or upload files (coments). If the user contacts FedWorld using FTP, j
all files can be accessed and downloaded but uploads are not allowed; all the.
user will see is a list of files witiuut descriptions (normal Gopher look).
An index file is available listing and describing all files within a .
subdirectory. There is a 15-minute time limit for FTP access.
Although FedWorld also can be accessed through the World Wide Web. like FTP that % only provides access for downloading files and does not display ;
the NRC Rules Henu.
For more information on NRC bulletin boards call Mr. Arthur Davis, j Systems Integration and Development Branch. NRC, Washington, DC 20555. ;
j telephone (301) 415-5780: e-mail AXD30nrc. gov.
Finding of No Significant Environmental Igact: Availability [
The proposed amendments would allow qualified non-pr and non-bond-issuing licensees the option of using self-guarantee as mechanism for financial assurance for decomissioning. For-profit c rporate licensees that issue bords are already allowed to use nif guarantee. Other licensees may !
(
l currently elect to use a variety of financial assurance mechanisms, such as surety bonds, letters of credit, and escrow accounts }o comply with decomissioning regulations. The proposed action is intended to offer non-profit and non-bond issuing-nuclear materials licensees and non-power reactor ,
. licensees greater flexibility by allowing an additional mechanism for licensees that meet the financial criteric for use of self-guarantee.
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$ECMETARY 1
L. Joseph Callan i MEMORANDUM'TO:
Execugi . Director for-Operations l
( <---
FROM: Joh '. Hoyi , Secretary
- PROPOSED
SUBJECT:
' STAFF REQUIREMENTS-- SECY-97-041 50,. 70, AMENDMENTS TO.10 CFR PARTS 30, 40,
~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
,Rulemaking in the Federal Register subj ect to the comments and editorial changes noted below. (SECY Suspense: 5/2/97)
(EDO)
The staff.should providea additional Division II explanation level of in the rule and compatibility as to j the intent'in making it l specifically address whether haveAgreementto developStates, a rule by being more allowing self- .;
restrictive, would not
. guarantee.
e'l regulations that will require The The staff shcula amendments ensure thatthis rule have been identified.
to encompeso the regulatory guidance needed to
. staff should also ensure that encompass.this rule is identified and modified before the rule is finalized.
j The'following editorial comments should be incorporated prior to )
publication: ..
line 3, delete
- 1. In the public announcement, page 1, l
'themselves' and replace it with 'self .' 1 line 6, insert .!
- 2. .In.the public announcement, page 1, j
'(other than electric utilities)' after ' licensees.'
l THIS SRM, SECY-97-041, AND THE COMMISSION VOTING LSECY NOTE:
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
line 9, delete the
- 3. In the public announcement, page 1, extra 's' at the end of licensees.
In the Federal Reaister notice, page 15, last paragraph, line 4, insert 'if they meet the regulatory 4.
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)