ML20206A274

Dockets Encl Ltr Which Was Sent to AL Vietti-Cook Re Condition of Approval of Transfer of License & License Condition for DPR-35.Encl Resolves Issues Between Attorney General of Commonwealth of Massachusetts & Applicants

ML20206A274
Person / Time
Site:	Pilgrim
Issue date:	04/16/1999
From:	Alexander J BOSTON EDISON CO.
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
References
BECO-2.99.043, ENGC-LTR-99-07, ENGC-LTR-99-7, NUDOCS 9904280117
Download: ML20206A274 (2)

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• sm L@3> Boston Edison 6 a ace cuenav coupauv April 16,1999 BECo Ltr. 2.99.043 ENGC Ltr. 99-07 U.S. Nuclear Regulatory Commission Attention: Document Control Desk Washington, DC 20555 Docket No. 50-293 License No. DPR-35 I

Consant to Condition of Approval of Transfer 1 And License Condition '

This cover letter dockets the attached letter which was sent to Ms. Annette L. Vietti-Cook, Secretary,  !

U. S. Nuclear Regulatory Commission,11555 Rockville Pike, Rockville, MD 20852. l The Condition of Approval of the Transfer of License and License Condition for License No. DPR-35 (Pilgrim Nuclear Power Station) contained in the attached letter was jointly agreed and consented to by duly authorized agents of Entergy Nuclear Generation Company and the Boston Edison Company, the Applicants for the transfer of License No. DPR-35. The Applicants affirmatively request that the NRC adopt the Condition's language in its order. The attached language resolves issues between the Attorney General of the Commonwealth of Massachusetts and the Applicants.

l Should you require further information conceming this matter, please contact Mr. J. F. Alexander at (508) 830-8168.

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J.F. exand r ear Assessment Group Manager I

PMK/cis 299043 g J,0 0 ' Of 9904290117 990416 L PDR ADOCK 05000293 P PDR ,,

Pilgrim Nuclear Power Station, Rocky Hill Road. Plymouth. Massachusetts 02360

. cc: 4 Mr. Alan B. Wing, Project Min:ger U.S. Nuclear Regulitory Commission Project Directorata 1-3 Region i Office of Nuclear Reactor Regulation 475 Allendale Rd.

Mail Stop: OWFN 8F2 King of Prussia, PA 19406 U. S. Nuclear Regulatory Commission 1 White Flint North 11555 Rockville Pike Rockville, MD 20852 Senior Resident Inspector Pilgrim Nuclear Power Station General Counsel U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 (fax: 301-415-3725)

John M. Fulton, Esq. Jay E. Silberg, Esq.

Asst. General Counsel (counsel for Boston Edison)

Boston Edison Co. Shaw, Pitman, Potts & Trowbridge 800 Boylston Street 2300 N. Street, NW Boston, MA 02199-8003 Washington, DC 20037-1128 (fax: 617-414-2735) (fax: 202-663-8007)

Douglas Levanway, esq.

(counsel for Entergy)

Wise, Carter, Childs and Caraway PO Box 651 Jackson, Mississippi 39205-0651 ,

(fax: 601-968-5519)

Mr. Edward G. Bohlen Assistant Attorney General

' Commonwealth of Massachusetts Office of the Attornoy General 200 Portland Street Boston, MA 02114 i

Mr. Robert M. Hallisey, Director Mr. Quirinom lannazzo, Acting Director Raciation Control Program Mass. Emergency Management Agency Commonwealth of Massachusetts 400 Worcester Road Exec Offices of Health & Human Services P.O. Box 1496 Dept. of Public Health Framingham, MA 01701-0313 174 Portland Street Boston, MA 02114 m

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• M' Pilgrim Nuclear Power station 600 Rocky Hill Road Plymouth, MA 02360 April 16,1999 Ms. Annette L. Vietti-Cook, Secretary U. S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852 Re: Docket No. 50-293 License No. DPR-35 Consent to Condition of Approval of Transfer And License Condition The Applicants, Entergy Nuclear Generation Company and Boston Edison Company, in order to resolve the issues between the Attomey General of the Commonwealth of Massachusetts and the Applicants, hereby consent to the following Condition of Approval of the Transfer of License and License Condition for License No. DPR-35, and affirmatively request that the NRC adopt the following language in its order:

"Entergy Nuclear shall have access to, either through a parent, associate or affiliate company guarantee, up to fifty million dollars ($50 million) for the payment, if needed, of Pilgrim operating and maintenance expenses, costs to transition to decommission status in the event of a decision to permanently shut down the unit, and decommissioning costs. Entergy Nuclear will take all necessary steps to ensure that access to these funds will remain available until the full amount has been exhausted for the purposes described above. Entergy Nuclear shall inform the Director, Office of Nuclear Reactor Regulation, in writing, at such time that it utilizes any of these contingency funds. This provision does not affect the NRC's authority to assure that adequate funds will remain available in the plant's separate decomrnissioning fund, which Entergy Nuclear shall maintain in accordance with NRC regulations. Once the plant has been placed in a safe-shutdown condition following a decision to decommission, Entergy Nuclear will use any remainder of the 50 Million dollar contingency fund that has not been used to safely operate and maintain the plant to support the safe and prompt decommissioning of the plant, to the extent such funds are needed for safe and prompt decommissioning."

Agreed and Consented to, this sixteenth day of April,1999.

Entergy Nuclear Generation Company By: M@

Robert M. Be!!afhy, Vice President

. Boston Edison Company By: #/ 2

'/he'o8 ore A. Suitivan Vice President Nuclear and Station Director t%10 ') / WDi' /,2