ML20153G694
| ML20153G694 | |
| Person / Time | |
|---|---|
| Site: | Waltz Mill |
| Issue date: | 09/28/1998 |
| From: | Briskman L CBS, INC./CBS NEWS |
| To: | Collins S NRC (Affiliation Not Assigned) |
| References | |
| NUDOCS 9809300180 | |
| Download: ML20153G694 (11) | |
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I r CBS CORPORATION l l 61 WEST 52 STREET NEW YORK. NEW YORK 10019 6188 I (212) 975-4915 FAX- (212) 59MO31 LOUIS J. BRISMMAN l EXECUTIVE VICE PRESIDENT AND GENERAL COUNSEL September 28,1998 i
L Mr. Samuel J. Collins, Director Office of Nuclear Reactor Regulation ,
U. S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 1
Subject:
Request For A Name Change Amendment to License Number TR-2, Docket Number 50-022 j Dec.r Mr. Collins: l l CBS Corporation, acting through its Westinghouse Electric Company division ("CBS")'
hereby submits this Application for a license amendment to the possession only license ,
for the Westinghouse Test Reactor, License Number TR-2, Docket Number 50-022 (the :
"TR-2 License"). The purpose of the Application is to change the name of the Licensee on the TR-2 License from "CBS Corporation acting through its Westinghouse Elec*ric Company division" to "CBS Corporation". No other revision to the TR-2 License is i requested.
On June 26,1998, CBS anuounced that it had entered into a contract with a consortium comprised of Morrison Knudsen Corporation and BNFL USA Group, Inc.(the
! " Purchasers") for the sale (with certain exceptions) ofit's nuclear and government services businesses, which comprise its Westinghouse Electric Company division. As part of that sale, the majority of the existing nuclear licenses for CBS's nuclear facilities will be transferred to a new company that is being formed by the Purchasers to hold the I
assets and facilities associated with the transferring licenses. The Westinghouse Test l Reactor facility ("WTR facility") and associated TR-2 License will not be transferred as l part of the sale and will be retained by CBS. CBS also will retain the responsibility to l decommission the facility and terminate the license in accordance with the current
" Decommissioning Plan" that has been submitted for review and approval by the NRC.
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' On December 1,1997, Westinghouse Electric Corporation formally changed its name 1 to CBS Corporation.
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9809300100 980928 PDR ADOCK 05000022 P PDR I
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Mr. Samuel J. Collins, Director Office of Nuclear Reactor Regulation September 28,1998 Page 2 ,
The need for the requested amendment to the TR-2 License being retained by CBS is due to the fact that the Purchasers will have the right to continue using the Westinghouse name in connection with the CBS nuclear assets and facilities they will acquire in the sale.
The requested name change does not involve any change in the CBS management organization, location, facilities, equipment, or procedures related to or personnel responsible for the licensed activities under the license covered by this request. All existing commitments, obligations, and representations remain in effect. !
In support of this Application for a license amendment, attached is an " Analysis of the Issue of No Significant Hazards Consideration"(Exhibit A), information concerning a change in contact point for the License (Exhibit B), and information concerning the ;
financial assurance for decommissioning (Exhibit C). l The fee for this request for license amendment is subject to full cost recovery of the review. CBS will pay these fees upon billing by the NRC in accordance with 10 CFR Section 170.12.
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- If you have any questions concerning this application, please contact Mr. A. Joseph Nardi at the above address or by telephone at (412) 374-4652.
l Sincer ly, A
s . Brihan Executive Vice President and General Counsel LIB /jmg cc:
l RichardK. Smith, Director Environmental Remediation, CBS Corporation A. Joseph Nardi, Supervisory Engineer EHS Regulatory Affairs, Westinghouse Electric Company, a division ofCBS Corporation
. Copies Transmitted: 3 notarizedand 15 conformed
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Mr. Samuel J. Collins, Director -
Office of Nuclear Reactor Regulation September 28,1998 Page 3 ,
COMMONWEALTH OF PENNSYLVANIA )
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COUNTY OF ALLEGHENY )
Before me, the undersigned notary public, this day personally appeared Louis J.
Briskman, Executive Vice President and General Counsel, CBS Corporation, 6 Gateway Center,11 Stanwix Street Pittsburgh, PA 15222 to me known, who being duly sworn according to law, deposes and says: that the statements sworn to in this letter and attachment are correct and accurate to the best of his knowledge.
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Sigture of affiant Subscribed and sworn to before me this 28' day of September,1998 eL-1&W '
7 4taWPublic Notarial Seal 1ody Grant. Notary Public Pittsburgh, Megheny County My Commisson Expres Nov. 13.2000 Member. Pennsyivana Assooaten of fetanes l
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EXHIBIT A ANALYSIS OF NO SIGNIFICANT HAZARDS CONSIDERATION FOR NAME CHANGE AMENDMENT OF THE WESTINGHOUSE TEST REACTOR FACILITY LICENSE NUMBER TR-2, DOCKET 50-022
ANALYSIS OF
. NO SIGNIFICANT HAZARDS CONSIDERATION FOR NAME CHANGE AMENDMENT OF THE WESTINGHOUSE TEST REACTOR FACILITY ,
LICENSE NUMBER TR-2, DOCKET 50-022 REFERENCE 10 CFR 50.91(a)
I The proposed change that is the subject of the requested amendment has been evaluated against the standards of 10 CFR 50.92(c) and it has been determined to not involve any significant hazards consideration in that licensed activities in accord with the proposed amendment:
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- 1) Would not involve a significant increase in the probability or consequences of an accident previously evaluated.
The proposed amendment will change the name of the Licensee for the Westinghouse Test Reactor ("WTR facility") TR-2 license, a possession only license (the "TR-2 License"), trom ""CBS Corporation, acting through it's Westinghouse Electric Company Division" to "CBS Corporation"' . The amendment request is necessary because on June 26,1998 CBS Corporation
("CBS")2 announced that it had entered into a contract with a consortium comprised of Morrison Knudsen Corporation and BNFL USA Group, Inc.(the
" Purchasers") for the sale (with certain exceptions) of it's nuclear and government services businesses, which comprise its Westinghouse Electric Company division. The WTR facility and the associated TR-2 License is not being transferred to the new company that is being formed by the Purchasers to hold the nuclear assets and facilities, and associated nuclear licenses, that will be transferred under the terms of the sale. CBS will retain the WTR facility and TR-2 license and the responsibility to continue the on-going decommissioning and license termination activities in accordance with the " Decommissioning Plan" that has been submitted to the NRC for review and approval. (See " Waltz Mill Facility SNM Remediation Plan, Revision 0," dated November,271996.) The need for the requested amendment to the TR-2 License being retained by CBS is due to the fact that the Purchasers will have the right to continue using the Westinghouse name in connection with the CBS nuclear assets and facilities they will acquire in the sale.
l l There is no change in the financial qualification of CBS to continue to hold the l TR-2 License. In order to complete the decommissioning of the WTR facility as
' This name change was issued as Amendment No. 7 (July 31,1998) to the license.
2 On December 1,1997, Westinghouse Electric Corporation formally changed its name to CBS Corporation.
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s e described in the Decommissioning Plan, CBS has entered into contracts with several third party organizations as described in the Decommissioning Plan.
These contracts will remain in place between CBS and each respective third party so that there will be no effective change in the personnel associated with the on-going decommissioning project under the TR-2 License. CBS will continue to retain full responsibility for the project and will therefore continue to provide direct management oversight in the form of project management personnel who will remain CBS employees or are contractor personnel reporting directly to CBS.
Under the provisions of the Decommissioning Plan, personnel at the Waltz Mill l Site currently provide certain oversight activities with respect to radiation safety l for the WTR facility decommissioning project. These oversight activities primarily I
involve the review and approval of the decommissioning activities utilizing the Radiation Safety Committee that is established under the site's active SNM-770 l
license. The assets and facilities, including personnel, associated with the SNM-770 license will be transferred to the Purchasers as part of the sale transaction. ;
It therefore will be necessary for CBS and the Purchasers to continue to
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coordinate the activities conducted under the active SNM-770 license that support the TR-2 decommissioning activities. CBS Corporation will establish an i
on-going relationship with the Purchasers prior to the closing of the sale transaction to continue such site oversight activities provided by the Waltz Mill Site under license SNM-770, as described in the Decommissioning Plan.
- In summary, the CBS personnel responsible for decommissioning activities l under the TR-2 License will continue to be technically qualified to carry out licensed activities. In connection with the name change, there will be no effective change in the personnel who are responsible to complete the TR-2 License decommissioning effort as described in the Decommissioning Plan, I. although there will be one new relationship established between CBS and the purchasers to continue this effort; i.e., Waltz Mill Site personnel will act as contractors to CBS rather than as licensee personnel. Thus, the requested amendment does not involve any changes in the conduct of licensed activities, which will continue in their current form without interruptions of any kind.
The proposed amendment also does not require any physical change to the WTR facility or changes to the Technical Specifications or procedures under the
( TR-2 License. The proposed change does not increase the probability of an accident previously evaluated because it does not affect any initiators in any of l the previously evaluated accidents. The proposed change does not increase the consequence of any accident previously evaluated because it does not affect any of the items on which the consequence depend.
l Therefore, the proposed amendment does not involve a significant increase in i the probability or consequences of an accident previously evaluated.
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- 2) Would not cmate the possibility of a new or different kind of accident from any accident previously evaluated.
l The proposed amendment does not modify the WTR facility configuration or licensed activities. Thus no new accident initiators are introduced.
Therefore, the proposed amendment does not create the possibility of a new or different accident from any accident previously evaluated.
- 3) Would not involve a significant reduction in a margin of safety.
This amendment is necessary because of the announced sale by CBS (with certain exceptions) of its nuclear and government services businesses to the l
Purchasers. CBS continues to be financially qualified to hold the WTR facility TR-2 License.
Furthermore, the CBS personnel responsible for decommissioning activities under the TR-2 License will continue to be technicaliy qualifie<' a carry out licensed activities. In connection with the name change, the vill be no effective change in the personnel who are responsible to cc .plete the TR-2 License decommissioning effort as described in the Decommissioning Plan, although there will be one new relationship established between CBS and the purchasers to continue this effort; i.e., Waltz Mill Site personnel will act as contractors to CBS rather than as licensee personnel. Thus, the requested amendment does not involve any changes in the conduct of licensed activities, which will continue in their current form without interruptions of any kind.
The proposed amendment does not alter any margin of safety because it does not involve any changes in the WTR facility or licensed activities under the TR-2
! License which will continue in the current form without interruptions of any kind resulting from the name change.
Therefore, the proposed amendment does not involve a significant reduction in a margin of safety.
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EXHIBIT B l CONTACT LIST FOR ;
WESTINGHOUSE TEST REACTOR FACILITY LICENSE NUMBER TR-2, DOCKET 50-022 l
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l CONTACT LIST WESTINGHOUSE TEST REACTOR FACILITY LICENSE NUMBER TR-2, DOCKET 50-022 -
l Principle: CBS Corporation l Gateway Center 11 Stanwix Street Pittsburgh, PA 15222 Mailing address for correspondence regarding this matter until closing of trie sale transaction described in the Application for amendment:
Westinghouse Electric Company Energy Systems P. O. Box 355 Pittsburgh, PA 15230 Attention: Mr. A. Joseph Nardi, Supervisory Engineer Energy Systems, Regulatory Affairs i
Telephone: (412) 372-1450 Mailing Address for alllicensing correspondence on and after closing of the sale transaction described in the Application for amendment:
CBS Corporation Gateway Center 11 Stanwix Street Pittsburgh, PA 15222 Attention: Mr. Richard K. Smith, Director
- Environmental Remediation for CBS Corporation Telephone
- (412) 642-3285
EXHIBIT C FINANCIAL ASSURANCE FOR DECOMMISSIONING WESTINGHOUSE TEST REACTOR FACILITY LICENSE NUMBER TR-2, DOCKET 50-022 i
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i FINANCIAL ASSURANCE FOR DECOMMISSIONING WESTINGHOUSE TEST REACTOR FACILITY LICENSE NUMBER TR-2, DOCKET 50-022 l I
The existing financial assurance mechanism for the WTR facility is incorporated into an ,
overall financial assurance document that covers all of the CBS facilities that are l licensed by the USNRC. The latest submittal of this document was made by letter dated February 20,1998 as supplemented by letter dated July 10,1998. This document was accepted by the USNRC by letter dated July 23,1998.
Financial assurance for decommissioning is provided in the form of a Standby Trust and associated Standby Letters of Credit. Amendment #3 to the Standby Trust already incorporated a name change to "CBS Corporation". Additional appropriate amendments will be made to the existing Standby Trust and Standby Letters of Credit to reflect the changes that will be required in connection with the consummation of the announced sale.
Attached is a copy of the latest submittal documents and the associated acceptance letter from the USNRC.
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i Westinghouse Bectric Company, Energy Systems saxass a dwision of CBS Corporation Pittsbugh Pennsylvatus 15230 4 356 July 10,1998 ,
1 l i RA-98-039 l- U.S. Nuclear Regulatory Commission j Washington, D.C. 20555 ,
Attention: Mr. Louis Bykoski
Subject:
Resubmitted Financial Assurance Mechanism for Decommissionino i
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Dear Mr. Bykoski:
- The Westinghouse Electric Company, a division of CBS Corporatiors (" Westinghouse") hereby transmits the attached Amendment Number 3 to the Standby Trust Agreement. Westinghouse
, understands that a duplicate letter of credit has already been transmitted directly to you by the j Toronto Dominion Bank. These two transmittals complete the information necessary to complete the actions that were intended to be taken by the Westinghouse letter dated
- February 20,1998 which apparently has been lost in the mail. To complete the official records, attached is a copy of that original submittal.
In addition to your copy of the signed original, enclosed are two additional cople's'of j Amendment No. 3 to the Standby Trust Agreement. Please have an appropriate agency
- official execute these documents, and retum two of the copies to me for our files and the files i of the Trustee bank.
i If you have any questions concoming this transmittal, please contact me at the above address I or by telephone at (412) 374-4652.
] Very truly yours, j .
1 A. J ph rdi, S porvisory Engineer Energy Systems, R ulatory Affairs
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AMENDMENT NO. 3 TO STANDBY TRUST AGREEMENT This Amendment No. 3 to Standby Trust Agreement (" Amendment No. 3") is entered into as of
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February 6,1998 by and between CBS Corporation, a Pennsylvania corporation (" Grantor") and Dai-Ichi Kangyo Trust Company of New York, incorporated in the State of New York (" Trustee").
l RECITALS j WHEREAS, the original Standby Tmst Agreement was entered into as of April 7,19% by and l between Westinghouse Electric Corporation, a Pennsylvania corporation and Dai-Ichi Kangyo Trust l Company of New York, incorporated in the State of New York (the " Standby Trust Agreement"); and such Standby Trust Agreement was subsequently athended by the parties by Amendment No. I dated l January 1997 and by Amendment No. 2 dated September 1997; and l WHEREAS, the Grantor, Westinghouse Electric Corporation, changed its corporate name to CBS Corporation effective as of December 1,1997; and Grantor desires to reflect such name change in the Standby Trust Agreement, as previously amended and as further amended by this Amendment No. 3. j NOW THEREFORE, for good and valuable consideration and intending to be legally bound, the I parties further amend the Standby Trust Agreement as follows:
- 1) The Schedule A submitted with the Standby Trust Agreement and as last amended by Amendment No. 2 is replaced with the Schedule A attached to this Amendment No. 3.
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- 2) The Schedule B submitted with the Standby Trust Agreement and as last amended by Amendment No. 2 is replaced with the Schedule B attached to this Amendment No. 3.
- 3) . Except as set forth herein, the Standby Trust Agreement shall remain unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to the Standby Trust l
Agreement to be executed by their respective duly authorized officers as of the date first noted above. '
M'l TST: CBS CO N
- By:
C E. Mort ( ,
Vice President Trebuter !
ATTEST: DAI-ICHI KANGYO OMPANY OF NEW Y RK
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v AGREED TO AND ACCEIYTED:
ATTEST U.S. NUCLEAR REGULATORY COMMISSION i
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SCHEDUI.E A TO STANDBY TRUST AGREEMENT LISTING OF NRC LICENSES FOR WESTINGHOUSE RI.RCTRIC COMPANY TRUST AGREEMENT SCHEDULE FINANCIAL NRC ASSURANCE LICENSE FACILITY TYPE OF VALUE' NUMBER LOCATION AND ADDRESS LICENSE IN S000 i SNM !107 Nuclear Fuel Fabrication SNM $0,780*
Bluff Road,
. Columbia,SC 29250 2 37-5809-01 Pump Repair Facility-EMD Combined Materials 7,000
Cheswick Ave.,
i Cheswick, PA 15024 !
3 37 5809-02 Industrial Radiography Facility Byproduct 18' Cheswick Avenue
- SNM 25 Cheswick Ave.
Cheswick, PA 15024 5 SNM-770 Waltz Mill Site Combined Materials 24.051' P.O. Box 158 Madison, PA 15663 0158 6 'IR 2 Westinghouse Test Reactor3 Part 50 13,948' Waltz Mill Site 1 P.O. Box 158 Madison, PA 15663-0158 7 SNM 1460 Science and Technology Center Combined Materials 2,777' (Hot Cells), Beulah Road I Pittsburgh, PA 15235
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8 SNM47 Science and Technology Center Combined Materials 1,928' Beulah Road Pittsburgh,PA 15235 j 8
9 37-00497 15 Forest Hills Site Combined Materials 750 P.O. Box 855 Pittsburgh, PA 15230-0855 i
10 SMB-1527 Bloomfield, New Jerseys Source Material 150 P. O. Box 127 i Westinghouse Plaza Bloomfield,NJ 07003 Totals 101,427 i Financial assurance values referenced in (10CFR 30.35,40.36,50.75 and 70.25).
2 Decommissioning completed.
3 His is possession only type license.
Decommissioning cost is based on an engineering study.
Under active decommissioning. 01/98
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SCHEDUIS B TO STANDBY TRUST AGREFAENT LISTING OF LETTERS OF CREDIT Date Entered (1) Issuing Institution of Irrevocable Letter of Credit
- Amount April 9,1993 Chemical Bank Delaware $4,380,000.00 P. O. Box 8840 Wilmington, DE 19899 April 9,1993 ABN AMRO Bank N.V. $ 18,845,000.00 Pittsburgh Branch l
One PPG Place l Suite 2950 I Pittsburgh, PA 15222-5400 January 24,1995 The Toronto Dominion Bank $38,102,000.00 1 Three First National Plaza 70 West Madison Street Suite 1900 l i Chicago,IL 60602 April 7,1996 The Toronto-Dominion Bank $21,041,000.00 Three First National Plaza 70 West Madison Street Suite 1900 Chicago,IL 60602 I
September 15,1997 Dai-Ichi Kangyo Bank $7,961,000.00 1 World Trade Center 49* Floor New York, NY 10048 February 6,1998 The Toronto-Dominion Bank $11,098,000.00 Three First National Plaza 70 West Madison Street Suite 1900 Chicago,IL 60602 TOTAL $101,427,000.00
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- Beneficiary of Letter of Credit is NRC (1) Automatically renew after 12 months unless prior notice is given.
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Westinghouse Sectric Company, Energy Systems Box ass a dnnaion'of CBS corporation Pithbugh Pennsylvania 152304355 RA-98-017 February 20,1998 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 ,
Attention: Director, Office of Nuclear Material Safety and Safeguards
Subject:
Revised Financial Assurance Mechanism for Decommissionino
Dear Sir:
The Westinghouse Electric Company, a division of CBS Corporation (" Westinghouse") hereby submits a revision increasing the total dollar amount of decommissioning financial assurance funds for its' NRC licensed facilities from the amount identified in Westinghouse's last updated submittal to the Commission dated September 26,1997. The financialinstrument being used by Westinghouse to reflect the increase in the Financial Assurance Mechanism is an increase to an existing letter of credit with an associated amendment to the existing standby trust agreement. This submittal is to maintain compliance with the Commission's decommissioning financial assurance regulations contained in " General Requirements for Decommissioning Nuclear Facilitias," 10 CFR Parts 30,40,50, and 70.
The increased decommissioning financial assurance amount, as reflected in the revised standby letter of credit, is the net effect associated with three (3) changes that are being made in the overall Westinghouse decommissioning financial assurance amount. These changes incorporate an additional 25% contingency factor in the cost estimates for Ucense Number SNM-47, SNM-1107, and SNM-1460. This action is being taken in response to NRC reviews of the cost estimates submitted for Ucenses SNM-1107 and SNM-1460 along with a requested Ucense Amendment to incorporate Ucense SNM-47 into Ucense SNM-1460. The cumulative effect of these changes is to increase the overall amount of financial assurance required for Westinghouse by an amount of $11,098,000.
This revised submittalincludes the following attachments: Continuing Certification of Financial Assurance (Attachment 1); Amendment No. 3 to Standby Trust Agreement (Attachment 2); a new Standby Letter of Credit in the amount of $11,098,000.00 (Attachment 3); and the Westinghouse Certification of Authorized Signat' ire (Attachment 4), included in Attachment 1 is a revised identification of the specific NRC lionses held by Westinghouse.
Also enclosed are two copies of Amendment No. 3 to the Standby Trust Agreement. Please have an appropriate agency official execute these documents, as well as the NRC's original of the Amendment No. 3 to the Standby Trust Agreement (Attachment 2) which forms a part of this submittal, and retum the two copies to me for our files and the files of the Trustee bank.
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. If you have any questions conceming this transmittal, please contact me at the above address or by telephone at (412) 3744652.
Very truly yours, s u <
A, seph' ardi, pervisory Engineer Energy Systems, Regulatory Affairs
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ATTACHMENT 1 CONTINUING CERTIFICATION OF FINANCIAL ASSURANCE i
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ATTACHMENT 1 CONTINUING CERTIFICATION OF FINANCIAL ASSURANCE Principal: Westinghouse Electric Company, a division of CBS Corporation Energy Center Site 4350 Northern Pike Monroeville, PA 15146-2886
- Mailing address for correspondence regarding this matter Weinghase Electric Company PO Box 355 Pittsburgh PA 15230 Attention: Mr. A. Joseph Nardi NRC license numbers, name and address of each facility:
See Attachment 1, p. 2 (List of W@= haw licenses covered by this ceru6caten) l Issued to: US Nuclear Regulatory Comminion Washmgton DC 20555 lhis is to certify that WM aghi e2Electric Company, a division of CBS Corporation, is licensed to possess a Production and Utili~i= Facility, and By-product, Special Nucw and Source Materials licenses; and that Snancial assurance in the amounts prescribed by 10 CFR Parts 30, 40, 50, and 70 has been obtamed for the purpose of h. .dssionmg "Ihe list oflicenses in A*-kment 1, page 2, idennnan the spect6c licenses currently covered and the amounts of fmancial assurance provided for each. The total Annaml assurance arrounts to S101,427,000, an increase of 511,098,000 over previous Snancial assurance amounts.
Sincerely, 1
' N uw'y Charles W. Pryor Jr., Proident Westinghouse Electnc Company, a division of CBS Corporation l
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4 ATTACHMTNT1 LISTING OF NRC LICENSES FOR WESTINGHOUSE ELECTRIC COMPANY CONTINUING CERTIFICATION OF FINANCIAL ASSURANCE FINANCLAL NRC ASSLRANCE LICENSE FACILITY TYPE OF VALUE' NUMBER LOCATION AND ADDRESS LICENSE IN $000 1 SNM 1107 Nuclear Fuel Fabrication SNM 50.780' BluffRoad.
Columbia. SC 29250 2 37-5809-01 Pump Repair Facility-EMD Combined Matenals 7.000' Cheswick Ave.,
Cheswick PA 15024 3 37-5809-02 Industnal Radiography Facility Byproduct 18' Cheswick Avenue Cheswick, PA 15024 4 SNM-ll20 Plutonium Fuels Development Lab 2 SNM 25 Cheswick Ave.
Cheswick, PA 15024 5 SNM-770 Waltz Mill Site Combined M 24,051' P.O. Box !$8 Madison PA 15663-0158 6 TR-2 Waeiagh~m Test Reactor' Part 50 13,948' Waltz Mill Site P.O. Box 158 Madison, PA 15663 0158 7 SNM 1460 Saence and Technology Centei r'amhineri Matenals 2,777' (Hot Cells), Beulah tasad Pittsburgh,PA 15235 8 SNM-47 Science and Technology Center Co m M 1,928' Beulah Raad Pittsburgh,PA !$235 9 37 00497 15 Forest Hills Site' Combined Matenals 750 P.O. Box 855 Pittsburgh, PA 15230-0855 10 SMB-1527 Bloomfleid. New Jency8 Source Matenal 150 P. O. Box 127 1 Westinghouse Plaza Blaarafteld NJ 07003 Totals 101,427 i Financial assurance values referenced in (10CFR 30.35,40.36,50.75 and 70.25).
2 Decommissionmg completed.
3 This is pa==*aan only type license.
4 Decornemioning cost is based on an engmeenng study.
5 Under active decommissioning. 01/98
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, b e ATTACHMENT 2 EXECUTED COPY OF AMENDMENT NO. 3 TO STANDBY TRUST AGREEMENT l
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AMENDMENT NO. 3 TO STANDBY TRUST AGREEMENT His Amendment No. 3 to Standby Trust Agreement (" Amendment No. 3") is entered into as of February 1,1998 by and between CBS Corporation a Pennsylvania corporation (" Grantor") and Dai-Iclu Kangyo Trust Company of New York, incorporated in the State of New York (" Trustee").
RECITALS WHEREAS, the original Standby Trust Agreement was entered into as of Apnl 7,1996 by and between Westinghouse Electric Corporation, a Pennsylvania corporation and Dai-Ichi Kangyo Trust Company of New York, incorporated in the State of New York (the " Standby Trust Agreement"); and such Standby Trust Agreement was subsequently amended by the parties by Amendment No. I dated January 1997 and by Amendment No. 2 dated September 1997; and WHEREAS, the Grantor, Westinghouse Electric Corporation, changed its corporate name to CBS Corporation effective as of December 1,1997; and Grant sires to reflect such name change in the Standby Trust Agreement, as previously amended and as fumer amended by this Amendment No. 3.
NOW THEREFORE, for good and valuable consideration and intendmg to be legally bound, the panies further amend the Standby Trust Agreement as follows:
- 1) The Schedule A submitted with the Standby Tmst Agreement and as last ameW by Amendment No.
2 is replaced with the Schedule A =*=chedto this Amendment No. 3.
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- 2) He Schedule B submitted with the Standby Trust A5hi.eilt and as last amended by Amendment No.
2 is replaced with the Schedule B attached to this Arnaadmant No. 3.
- 3) Except as set forth herein, the Standby Trust Agreement shall remam unchanged and in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to the Standby Trust Agreement to be executed by their respective duly authorized ofBcers as of the date first noted above.
A EST: CBS CORP By: j 'x ATTEST: DAI ICHI KANGYO TR - COMPANY we By
-,-c-ATTEST U.S. NUCLEAR REGULATORY COMMISSION By:
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, V . McRFDf!LE A TO STANDBY TRITST AGRFFMENT LISTING OF NRC LICENSES FOR WESTINGHOUSE ELECTRIC COMPANY '
TRUST AGREEMENT SCHEDULE FINANCIAL NRC ASSLIANCE LICENSE FACILITY TYPE OF VALLT NUMBER LOCATION AND ADDRESS LICENSE IN $000 ;
1 SNM 1107 Nuclear Fuel Fabrication SNM 50.780' Bluff Road.
Columbia. SC 29250 l
2 37 5809 0i Pump Repair Facility EMD Combined Materials 7.000' l Cheswick Ave., l Cheswick. PA 15024 , !
3 37-5809-02 industrial Radiography Facility Byproduct 18' Cheswick Avenue
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Cheswick. PA 15024 l
4 SNM-1120 Plutonium Fuels Development Lab
- SNM 25 Cheswick Ave.
Cheswick, PA 15024 5 SNM 770 Waltz Mill Site Combined Materials 24,051' P.O. Box 158 Madison, PA 15663-0158 6 TR 2 Westinghouse Test Reactor' Part 50 13,944' Waltz Mill Site P.O. Box 158 Madison, PA 15663-0158 7 SNM-1460 Science and Technology Center Combined Materials 2,777' (Hot Cells), Beulah Road Pittsburgh,PA 15235 8 SNM-47 Science and Technology Center Cornbined Materials 1,928' Beulah Road Pittsburgh, PA 15235 9 37-00497-15 Forest Hills Site' Combined Materials 750 P.O. Box 855 Pittsburgh, PA 15230-0855 10 SMB-1527 Bhbid. New Jersey 5 Source Material 150 P. O. Box 127 1 Wda@l= Plaza Bloomfleid. NJ 07003 j i
Totals 101,427 1 Financial assurance values referenced in (10CFR 30.35,40.36,50.75 and 70.25).
2 Decommissioning completed.
3 'Ihis is possession only type license.
4 Decommissioning cost is based on an engineering study.
5 Under active decommissioning. 01/98
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SCHEDUT F B TO STANDBY TRUST AGRFFMENT
. LISTING OF LETTERS OF CREDIT Date Entered (1) Issuing Institution of Irrevocable Letter of Credit
- Amount April 9,1993 Chemical Bank Delaware $4,380,000.00 P. O. Box 8840 Wilmington, DE 19899 April 9,1993 ABN AMRO Bank N.V. $18,845,000.00 Pittsburgh Branch One PPG Place Suite 2950 Pittsburgh, PA 15222-5400 January 24,1995 The Toronto-Dominion Bank $38,102,000.00 Three First National Plaza 70 West Madison Street Suite 1900 Chicago,IL 60602 April 7,1996 The Toronto-Dominion Bank $21, 041,000.00 Three First National Plaza 70 West Madison Street Suite 1900 Chicago,IL 60602 September 15,1997 Dai-Ichi Kangyo Bank $7,%1,000.00 1 World Trade Center 49* Floor '
New York, NY 10048 February 6,1998 The Toronto-Dominion Bank SI1,098,000.00 Three First National Plaza 70 West MMison Street Suite 1900 Chicago,IL 60602 TOTAL $101,427,000.00
- Beneficiary of Letter of Credit is NRC (1) Automatically renew after 12 months unless prior notice is given.
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- e ATTACHMENT 3 STANDBY LETTER OF CREDIT l
The Toronto-Dominion Bank 909 Fannin, Suite 1700
. Houston, Texas 77010 (713) 653-8200 IRREVOCABLE STANDBY LETTER OF CREDIT NO.1484
$11,098,000.00 Expiry: February 6,1999 U.S. Nuclear Regulatory Commission ("NRC")
Decommissioning and Regulatory Branch Washington, D.C. 20555 Attention: Group Chief
Dear Sir or Madam:
We hereby Ltablish our irrevocable Standby Letter of Credit No.1484 in your favor, at the request and for the account of Westinghouse Electric Company,11 Stanwix Street, Pittsburgh, PA 15222, up to the aggregate amount of U.S. Dollars Eleven Million Ninety Eight Thousand and 00/100 available upon presentation of:
- 1) your sight draft, bearing reference to the Letter of Credit No.1484, and
- 2) your signed statement reading as follows: I certify that the amount of the draft is payable pursuant to regulations issued under the authority of the U.S. Nuclear Regulatory Commission.
This Letter of Credit is issued in accordance with regulations issued under the authority i of the NRC, an agency of the U.S. Government, pursuant to the Atomic Energy Act of '
1954, as amended and the Energy Reorganization Act of 1974. The NRC has promul-gated regulations in Title 10, Chapter 1 of the Code of Federal Regulations, Parts 30, 40, 50 or 70, (the " Applicable Regulations") which require that a holder of or an applicant for, a license issued under the Applicable Regulations, provide assurance that funds will be available when needed for decommissioning.
This Letter of Credit is effective as of February 6,1998 and shall expire on February 6, 1999, but such expiration date shall be automatically extended for a period of at least 1 year on February 6,1999 and on each successive expiration date, unless, at least 90 days before the current expiration date, we notify both you and Westinghouse Electric Company, by certified mail, as shown on the signed return receipts.
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2-If Westinghouse Electric Company is unable to secure alternative financial assurance to replace this Letter of Credit within 30 days of notification of cancellation, the NRC may draw upon the full value of this Letter of Credit prior to cancellation.
The Toronto-Dominion Bank shall give immediate notice to Westinghouse Electric Company and the NRC of any notice received or action filed alleging (1) the insolvency or bankruptcy of The Toronto-Dominion Bank, or (2) any violations of regulatory requirements that could result in suspension or revocation of Tho Toronto-Dominion Rank's charter.
The Toronto-Dominion Bank also shall give immediate notice if for any reason, it becomes unable to fulfillits obligations under the Letter of Credit No.1484.
Whenever this Letter of Credit is drawn on under and in compliance with the terms of this Letter of Credit, The Toronto-Dominion Bank shall duly honor such draft upon it's presentation to us within 30 days, and we shall deposit the amount of the draft directly into the Standby Trust Fund of Westinghouse Electric Company in accordance with the NRC's instructions.
Each draft must bear on it's face the clause: " Drawn under Letter of Credit No.1484 dated February 6,1998 and the total of this draft and all other drafts previously drawn under this Letter of Credit does not exceed $11,098,000.00."
This Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision, International Chamber of Commerce, Paris, France, Publication I
No. 500).
THE TORONTO-DOMINION BANK By: / a
- Mosbitt 4 80 le: nager, Credit Administration By: (28 Name: Jd arcia.
Title:
r, Credit Administration i
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ATTACHMENT 4 WESTINGHOUSE CERTIFICATION OF AUTHORIZED SIGNATURE
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, a a EXTRACT FRCM M:NUTES OT MEET NG r THE j BCARD OT :PECTORS OF CBS CORPORAT:ON (formerly Westingneuse Electri: Corporattent HELD ON APR:L 30, 1997 RESOLVED, that, effective May 1, 1997, the Chairman, tne 71:e Cha;rran, the Chief Executive Officer, the President, each Vice President, the Treasurer, and the Secretary of the Company are. and each of them individually is, hereby authorized, in the name and on behalf of the Company, in the ordinary conduct of the Company's business, (A) to sign, execute, deliver anc bind the Company with respect to: (i) all contracts, agreements, instruments, deeds, leases, conveyances, transfers of real or personal property, grants of public utility easements, powers of attorney (with full and general or limitec authority with power of substitution), releases, waivers, assignments, claims I I
documents and other documents of a contractual nature, (ii) all bonds, obligations, and letter of credit applications or reimbursement agreements, (iii) all applications for regulatory permits and licenses and other governmental forms, including but not limited to tax returns, tax elections, and any documents required in connection with patent, trademark and copyright matters, (iv) any other instrument similar to the preceding, and (v) with respect to the ordinary course of business of majority-owned or wholly-owned subsidiaries of the Company, guaranty or similar arrangements or letter of credit applications or reimbursement agreements, and (B) to vote, in person or by proxy, any interest that the Company may have in any corporation, partnership, joint venture or other entity or association; RESOLVED, that with respect to any exercise by a specified officer or officers of the Company of the signature and/or voting authority granted in j the preceding resolution, the Secretary (if he or she shall not sign the document) is hereby authorized to attest to any such signature and/or to affix j the corporate seal to any such document or instrument; .
RESOLVED, that each of the officers specified in the preceding two l resolutions is also authorized to delegate his or her respective signature or voting authority granted in said resolutions by a writing (x) specifying the scope of the authority being delegated by the writing, (y) identifying the delegate either by name or as the incumbent of a position, and (z) advising the delegate that he or she shall have no authority to redelegate the signature authority being delegated (provided that none of the above-specified officers shall have any authority to bind the Company during such period that his or her then current assignment may require his or her residence in any country other than the United States of America, its territories and possessions), and that a copy of every delegation or change in a previous delegation made pursuant to this resolution shall be submitted to the General Counsel of the Company promptly after the delegation or change has occurred; RESOLVED, that with respect to any exercise by a specified officer or officers of the Company of the signature and/or voting authority granted in the first of the preceding three resolutions, any Assistant Secretary is hereby authorized to attest to any such signature and/or to affix the corporate seal to any such document or instrument; RESOLVED, that, in addition to the authorization set forth in A(iii) of the first of the preceding four resolutions, any assistant secretary or assistant treasurer, and each of them individually, is hereby authorized, in the name and on behalf of the Company, to sign, execute, deliver and bind the Company with respect to any tax return or tax election; 5\cLn:M2 : 815 t t h
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- O RESOLVED, that none of the authority granted in ene aceve res:..t :.3 .
shall constitute a delegation of, or change in, One 'imits of autn:::ty otherwise imposed on the specified offi:ers or -heir delegates Or en ene I specified assistant officers or in any manner be permitted o :perate .- .
l derogation of such limits of authority; and l RESOLVED, that the signature, voting and other authority granted cy ne above resolutions shall be in addition to, and not by way of sucstitu ::n :r i
replacement for or revocation of, any prior grant or grants Of signature, voting or other authority by the Board of Directors.
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I, CAROL L. McADAMS, Assistant Secretary of CBS Corporation, DO HEREBY CERTIFY that the foregoing is a true and correct copy of resolutions adopted at a meeting of the Board of Directors of said Company held on April 30, 1997, at which' meeting a quorum was present and which resolutions are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company.
Dated: January 16, 1998 JY Assistant Secrdtary f ol&
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