ML20196J056
| ML20196J056 | |
| Person / Time | |
|---|---|
| Issue date: | 10/09/1998 |
| From: | Collins S NRC (Affiliation Not Assigned) |
| To: | Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20196H655 | List: |
| References | |
| FRN-63FR50465, RULE-PR-30, RULE-PR-50 AF41-2-063, AF41-2-63, NUDOCS 9812090255 | |
| Download: ML20196J056 (9) | |
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October 9, 1998
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, MEMORANDUM TO: L. Joseph Callan Executive Director for Operations FROM: Samuel J. Collins, Director " Original Signed By" for Off ce of Nuclear Reactor Regulation i
SUBJECT:
CORRECTION TO THE FINAL RULE TO AMEND 10 CFR PART 50, RELATING TO THE FINANCIAL ASSURANCE REQUIREMENTS FOR DECOMMISS'ONING NUCLEAR POWER REACTORS, WITS-9500112 a
a Attached for your concurrence is a Federal Register Notice correcting the final rule on financial assurance requirements for the decommissioning of nuclear power reactors. The final
- rule was published in the Federal Reaister on September 22,1998. This correction is necessary to amend an omission and typographical errors and has been reviewed by cognizant j individuals in OGC and ADM,
Attachment:
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DOCUMENT NAME: 0:\ RICHTER \DECOM\CORltECT.MEM To receive a copy of this document, indicate igMe box: "C" = Copy without l attachment / enclosure "E" = Copy with attachment / enclosure "N" = No copy _,
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,M 9812090255 981208 ;
PDR PR l 30 63FR50465 PDR 9 91209'02 S~S 9Ph. f
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NUCLEAR REGULATORY COMMISSION 10 CFR Part 50 RIN 3150-AF41 Financial Assurance Requirements for Decommissioning Nuclear Power Reactors; Correction AGENCY: Nuclear Regulatory Commission.
ACTION: Final Rule: Correction.
SUMMARY
- This document corrects a final rule appearing in the Federal Register on September 22,1998 (63 FR 50465), that amended the Nuclear Regulatory Commission's regulations on financial assurance requirements for the decommissioning of nuclear power reactors. The action is necessary to correct an omission and typographical errors.
EFFECTIVE DATE: November 23,1998.
FOR FURTHER INFORMATION CONTACT: Brian J. Richter Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone:
301-415-1978; e-mail; bjr@nrc. gov.
SUPPLEMENTARY INFORMATION:
$ 50.75 [ Corrected)
- 1. In the first sentence of paragraph (e)(1)(i), the words " decommissioning costs."
should be corrected to read " decommissioning costs at the time term; nation of operation is expected."
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- 2. 'In the' sixth sentence of paragraph (e)(1)(ii), the words "these methods" should be corrected to read "this method."
3: In the first sentence of paragraph (e)(1)(vi), the reference to " paragraphs (e)(1)(l)-
.(iv)" should be corrected to read " paragraphs (e)(1)(i)-(v)." i 1
- 4. In the second sentence of paragraph (f)(1), the reference to " paragraph (e)(1)(ii)(C)"
should be corrected to read " paragraph (e)(1)(v)."
l Dated at Rockville, Maryland, this Day of .1998.-
For the Nuclear Regulatory Commission.
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John C. Hoyle, l Secretary of the Commission.
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.. PAPER NUMBER: CRC-98-0959 LOGGING DATE: Oct 16 98 i l- ACTION' OFFICE: EDO i
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AUTHOR: ROBERT MURPHY !
AFFILIATION: GENERAL ACCOUNTING OFFICE " I M i ADDRESSEE: SENS. CHAFEE, BAUCUS ET. AL. I LETTER'DATE: Oct 9 98 FILE-CODE: O&M 12 GAO .
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SUBJECT:
NUCLEAR REGULATORY COMMISSION: FINANCIAL ASSURANCE N !
! . REQUIREMENTS FOR DECOMMISSIONING NUCLEAR POWER Q tQ j REACTORS OCg C l 5
ACTION: Appropriate l f
' .I DISTRIBUTION: CHAIRMAN, RF l l
SPECIAL HANDLING: i i
CONSTITUENT: !
NOTES: !
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l United States k General Accounting Office Washington, D.C. 20548 -!
i Omce of the General Counsel !
B-281132 !
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i October 9, 1998 I i
The Honorable John 11. Chafee Chairman The Honorable Max Baucus f Ranking Minority Member !
Committee on Environment and Public Works I United States Senate '
i The Honorable Thomas J. Bliley, Jr. '
M U SiCY Chairman i The Honorable John D. Dingell !
- 7 c3 ", , ', , Ranking Minority Member Committee on Commerce i
House of Representatives l
Subject:
Nuclear Regulatory Commission: Financial Assurance Requirements for !
Decommissioning Nuclear Power Reactors Pursuant to semion 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Nuclear Regulatory Commission (Commission), :
entitled " Financial Assurance lequirements for Decommissioning Nuclear Power ;
Reactors" (RIN: 3150-AF41). We received the rule on September 24,1998. It was !
published in the Federal Register as a final rule on September 22,1998. 63' Fed. !
Reg.50465.
These amendments to the Commission's requirements for the financial de- '
commissioning of nuclear power plants respond to the potential rate deregulation in j the power generating industry and allow a broader range of assurance mechanisms ;
for reactor licensees who lose their ability to recover decommissioning costs ;
through regulated rates and fees or other mandatory charges. The amendments j also (1) derme " federal licensee" and add several associated dermitions, (2) add new [
reporting requirements pertaining to the use of prepayment and external sinking j funds, (3) impose new reporting requirements for power reactor licensees on the i status of decommissioning funding, and (4) permit power reactor licensees to take :
credit for certain earnings on decommissioning trust funds. ;
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GAO/OGC-99-1 ,
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b Enclosed is our assessment of the Nuclear Regulatory Commission's compliance '
with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our review indicates that the Commission complied with ,
the applicable requirements.
If you have any questions about this report, please contact Kathleen Wannisky, Associate General Counsel for Operations, at (202) 512-5207. The official responsible for GAO evaluation work relating to the Nuclear Regulatory Conunission is Victor Rezendes, Director for Energy, Resources, and Science Issues.
Mr. Rezendes can be reached at (202) 512-3841.
fd VfkbH l Robert P. Murphy General Counsel Enclosure cc: The lionorable Shirley Ann Jackson Chairman Nuclear Regulatory Commission l
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ENCLOSURE l
ANALYSIS UNDER 5 U.S.C. # 801(a)(1)(13)(i)-(iv) OF A EUOR RULE ISSUED BY TIIE NUCLEAR REGULATORY COMMISSION ENTITLED
" FINANCIAL ASSURANCE REQUIREMENTS FOR DECOMMISSIONING NUCLEAR POWER REACTORS" !
(RIN: 3150-AF41) fi) Cost-benefit analysis !
The Nuclear Regulatory Conunission prepared a Regulatory Analysis of this ,
regulation which examines the costs and bene 0ts of the alternatives considered by L the Conunission. The public was made aware of the availability of copies of the analysis in the preamble to the Gnal rule; the Conunission also submitted a copy of 1 the amtlysis to the General Accounting Office with the Dnal rule. !
The regulatory analysis identified and addressed the five issues listed below:
- Is fully-funded assurance needed due to deregulation?
- Should the Commission allow credit for earnings after the permanent shutdown of the reactor?
- Should the Commission monitor fund balances through regular periodic reporting?
- Should the Commission allow use of statements of intent by power reactor licensees?
- Should the Commission conduct additional review of decommissioning Onancial assurance mechanisms?
The analysis calculates the values (or benefits) of options for addressing each of these issues as any increase in the amount of financial assurance provided by the i option and any cost savings to the Commission or to industry resulting from the option. The analysis calculates impacts (or costs) of options addressing each of the above issues as any decrease in the amount of fmancial assurance and any costs resulting from implementing the option. The aaalysis concludes by describing the decision rationale employed to arrive at the options selected for inclusion in the final rule. ,
GAO/OGC-99-1
fii) Acency actions relevant to the Reculatory flexibility Act. 5 U.S.C. SS 603-605.
607. and 609 The Commission certifies under section 605(b) of the Act that this rule will not i have a significant economic impact on a substantial number of small entities.
According to the Commission, this rule affects only the licensing and operation of nuclear power plants, and the companies that own these plants do not fall within die scope of the definition of "small entities" set forth in either the Act or the Small 13usiness Administration's size standard regulations.
(iii) Agency actions relevant to sections 202-205 of the Unfunded Mandates Reform Act of 1995. 2 U.S.C E6 l!i32-1535 Tnis rule, promulgated by an independent regulatory agency, is not subject to title 11 of the Unfunded Mandates Reform Act of 1995.
(iv) Other relevant information or reouirements under acts and executive orders.
Administrative Procedure Act,5 U.S.C. ss 551 ci szq.
The final rule was issued using the notice and comment procedures contained in
' 5 U.S.C. s 553. The Commission first issued an advance notice of proposed rulemaking (ANPRM) on April 8,1996 (61 Fed. Reg.15427). In response to the comments received on the ANPRM from 42 commenters, the Commission issued a proposed rule on September 10, 1997, (62 Fed. Reg. 47588). In the preamble to the proposed rule, the Commission responded to those comments on the ANPRM.
The Commission subsequently received 33 letters containing more than 200 comments on the proposed r"le from licensees, licensee organizations, state agencies, public interest groups, and a private citizen. The Commission responded to these comments in the preamble to the final rule.
Paperwork Reduction Act,44 U.S.C. ss 3501-3520 This final rule amends information collection requirements that were previously l approved by the Office of Management and Budget under approval number 3150-0011. The preamble to the fimd rule estimates the annual burden hours to average S hours per response; it also solicits comments on any aspect of the information collection, including suggestions for reducing the burden.
i page 2 cro,occ-99a ;
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Statutory authorization for the rule I The Dnal rule was promulgated pursuant to the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974. as amended, and 5 U.S.C. s 552 and 553.
Executive Order No.12SGS 1
The rule, promulgated by an independent regulatory agency, is not subject to the review requirements of Executive Order No.12866. l l
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