ML20202B662

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Commission Voting Record on SECY-97-251 Re Proposed Rule on Nuclear Power Reactor Decommissioning Costs
ML20202B662
Person / Time
Issue date: 02/04/1998
From: Hoyle J
NRC OFFICE OF THE SECRETARY (SECY)
To:
Shared Package
ML20202B668 List:
References
REF-10CFR9.7 SECY-97-251-C, NUDOCS 9802120070
Download: ML20202B662 (2)


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COMMISSION VOTING RECORD s

DECISION ITEM:

SECY-97-251 TITLE:

PROPOSED RULE Ob NUCLEAR POWER REACTOR DECOMMILi ONING COSTS I

i The Coramission (with Commissioners Dicus approving and Chairman Jackson and Commissioners Diaz and McGaffigan disapproving) did not support revision of NRC's financial assurance requirements for the decommissioning of nuclear power reactors at this time. Consequently, the NRC staff willincorporate the issues addressed in this paper in the staffs consideration of a comprehensive rulemaking addressing the generic formula for calculating decommissioning costs contained in 10 CFR 50.75 after certain data from plants being decomissioned are available. This result is reflected in the Staff Requirements Memorandum (SRM) of February 4,1998.

This Record contains a summary of voting on this matter together with the individual vote sheets, views and comments of the Commissioners, and the SRM of February 4, 1998.

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John C. Hoyle Secretary of the Commission fj Attachments:

1. Voting Summary
2. Commissioner Vote Sheets r -
3. Final SRM cc:

Chairman Jackson Commissioner Dieus Commissioner Diaz Commissioner McGaffigan -

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SUMMARY

- SECY-97-251 RECORDED VOTES NOT APRVD DISAPRVD ABSTAIN PARTICIP COMMENTS DATE CHRM. JACKSON X

X 1/05/98 COMR. DICUS X

X 11/10/97 COMR. DIAZ X

X i/13/98 COMR. McGAFFIGAN X

X 1/9/98 COMMENT RESOLUTION in their vote sheets, Commissioners Dicus and Diaz initially approved the staffs recommendation to publish a rule that would increase applicants' and licensees' flexibility by allowing them to submit site-specific decommissioning cost estimates that may be lower than the generic values contained in 10 CFR 50.75(c). Chainnan Jackson and Commissioner McGaffigan disapproved the staffs recommendation on the grounds that under the curreni rules, licensees have the option of seeking an exemotion to 10 CFR 50.75 if they believe that the site specific decommissioning cost estimate is lower than tiiat requhed by the generic formula, and that the lack of decommissioning cost data from the Trojan p; ant and other plants undergoing decommissioning makes it prudent to address the issues raised in this paper in the context of a more comprehensive rulemaking, particularly since recently acquired information on actual decommissioning costs seems to be in conflict with the cost assumptions upon which SECY-97-231 had been based. Chairman Jackson and Commissioner McGaffigan also exprert d the view that publishing the rule at this time, given the large uncertainties, could m' x id Federal and State rate-setting authorities in reaching decisions with respect to recury of decommissioning costs. Subsequently, Commissioner Diaz changed his vote and disapproved the rule, joining Chairman Jackson and Commissioner McGaffigan in delaying rulemaking in this area until additionalinformation is available. The NRC staff was advised of this decision in the SRM issued on February 4,1998.