ML20211N135

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Ack That Package Was Excellent.If Rulemaking Not Going to Change,Concurred in Package Should Be Submitted So That OGC & Dso Concurrences Can Be Received.Package Should Be Ready for Transmittal as Soon as Rule Ready to Be Published
ML20211N135
Person / Time
Issue date: 04/01/1997
From: St Mary B
NRC
To:
NRC
Shared Package
ML20008B465 List:
References
FRN-62FR47588, RULE-PR-50 AF41-1-026, AF41-1-26, NUDOCS 9710160027
Download: ML20211N135 (5)
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1 April 1, 1997 I Brian, Your package was excellent -

just . a . couple of nit)icks where you

. apparently couldn't read my writing. If you believe your rulema ting is not going to cht.:ra, why don't you submic the concurred in package so that we can get 0GC's and the DS0's concurrences and have the package ready for transmittal to 0MB.as soon as the rule is ready to-be published in the Federal Reaister, i

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i OMB SUPPORTING STATEMENT FOR Proposed Rule, 10 CFR Part 50, Financial Assurance Requirements for Decow.issioning Nuclear Power Reactors (3150-0011)

Rescriotion of the Information Collection I

10 CFR Part 50 provides certain requirements exclusive to domestic licensing i

of prcduction 6nd utilization facilities.

This proposed ruleraking would amend regulations relating to financial l

.i assurance requirements for the decomissioning of nuclear power plants.

Potential deregulatioi of the power generating industry has created uncertainty with respect to whether current NRC regulations concerning l decommissioning funds and the financial mechanisms will require a modification to account for utility reorganizations not contemplated when current financial assurance requirements were promulga.ed. Therefore, the NRC is proposing to require power reactor licensees to periodically report on the status of their t

.dec9mmissioning funds and on the status of their funding for the management of their irradiated fuel at the reactor following permanent cessation of operation of the reactor.

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The 1RC is planning to is, sue e Regulatory Guide relatin to this proposed rule it, which the Fihincial Accounting Standards Board (FASB draft standard No.

158-8, " Accounting for Certain Liabilities Related to C osure or Removal of Long Lived Assets,' is referenced. in the interest of efficiency and utility, the NRC is proposing to endorse this draft FASB standard to facilitate licensees' plans for decommissioning by allowing its use as being compliant with the ieporti.19 r Wuirements of the proposed rule, where the information contait.ed is substantially the same.

Previously, licensees were r tilt o dp/decommt sioning information to their rate regulators (i.e.

be available to the NRC thrdugtethe Because inshec)ofPUCs)andPfntMndtoallo tion process.

deregulation, licensees cotild be in the position of no longer being regulated ty the PUCs and FERC. Further, t'n NRC believes that obtaining the financial assurance information through the inspection process would likely be more burdensome for the NRC and for those licensecs being inspected than the required reports.

i A. JUSTIFICATION

1. Need and Practical Utility for the Collection of Information The information collection requirements of the amended 10 CFR Part 50 are identified below.

50.54 Conditions of license n Presently, under paragraph (bb), licensees need to submit to the .

NRC writtea notification of the licensee's program to manage and j i

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y y provide funding for the management of all irradiated fuel at the reactor following permanent cessation of operation of the reactor until title and possession of the fuel is transferred to the Secretary of Energy. This notification is not required until within 2 years fol10 wing permanent cessation of reactor operation or 5 years fore expiration of the reactor operating license, whicheve ccurs first. The Commission is proposing no change to the a owever,theCommissionisproposingtohavelicensees repor o he financial status of the licensee s funding for the manag nt of its irradiated fuel at the reactor foli0 wing permanent cessation of operation of the reactor at least every 3 years and annually if the licensee is within 5 years of the projected end of its operation. This is a restatement of the requirement at i 50.75.

50.75 Reoortina and recordkeenina for decommissionina and niannina.

Paragraph (f) requires licensees to submit a preliminary decommissioning cost estimate about 5-years-prior to the projected end of operation, including an-assessment of the major factors that could affect the cost of decommissioning, and plans for adjusting levels of funds assured for decommissioning to

. demonstrate that a reasonable level of assurance will be provided that funds will be available when needed to cover the cost of decommissioning.- The Commission is proposing to additionally require licensees to report to the NRC at least once every 3 years on the status of their decommissioning funding and annually when a licensee is within 5 years of its projected end of plant operation. The licensec is to include in its report: whether the licensee meets the definition of " electric utility" contained in i 50.2 and the basis for supporting that classification; the amount of decommissioning funds estimated to be required pursuant to 10 CFR 50.75(c); the amount accumulated to the date of the report; a schedule of the annual amounts remaining to be collected; and the assumptions-used regarding rates of escalation in decem,issioning costs, rates of earnings in decommissioning trust funds, and rates of other factors (e.g., discount rates) used in funding projections.

2. Aaency Use of Information The NRC would review the submitted information in light of

-potential changes in the electri utility industry's regulatory environment and potential impact on the adequate assurance of decommissioning funds.

3. ~ Reduction of Burden throuah Information Technoloav unc encourages the use of information technology. However, s becausfnoresponsesareexpectedtobe-filedelectronically licensees must submit signed copies.' .

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4. Effort to Identify Duplication and Use Similar Information The Information Requirements Control Automated System (IRCAS) was searched and no duplication was found. There is no similar information available to the NRC.
5. Effort to Reduce Small Business Burden This rulemaking does not affect small businesses.
6. Consecuences to Federal Proaram or Policy Activities if the Collection is not Conducted or is Conducted Less frecuentiv Should the NRC not receive information on the status of a licensee's accumulation of the funds necessary for decommissioning or the collections were conducted less frequently, NRC might be unaware whether sufficient funds were being accumulated to adequately decommission the site.
7. Circumstances Which Justify Variation from OMB Guidelines None.
8. Consultations Outside the NRC An advance notice of proposed rulemaking was published in the Federal Reaister on April 8, 1996. Also, the proposed rule will be published in the Federal fleaister for comment.
9. Payment or Gift to Respondents Not applicable.
10. Confidentiality of the Information None.
11. Justification for Sensitive Ouestions There are no questions regarding sensitive issues.
12. Estimated Burden and Burden Hour Cost b Q n & h Sb.75(

It is(pstimated that there;f)ill w be about 100 responses every 3 4t -

In some cases, a report will cover more than one power reactor owned by the same licensee. In 6( yearsV other cases, or an co-owners average of will submit separate 33 per responses foryear.

their proportionate shares of the same reactor. It is estimated that eat.i1 licensee would need approximately 2 staff hours to copy and

, transmit the Financini Accounting Standards Board (FASB) required information. Therefore, the appro/imately 33 annual responses would result in 66 burden hours ann, ally. At an average hourly c] rate of $128, the total annual cost is estimated to be $8448.

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13. Estimate of Other Additional Costs None.
14. Estimated Annualized Cost to the Federal Government It is estimated that an hour of NRC staff time would be required to review and analyze each report. NRC will prepare an annual summary report based on the submission updates which is estimated to require approximately 8 NRC staff hours to prepare and disseminate. No contractor support should be needed. Thus total NRC staff effort is estimated to be about 41 staff hours (i.e., 33 reports at 1 NRC staff hour each and 8 NRC staff hours for the annual summary). At an hourly rate of $128, this results in a burden to the NRC of $5248.
15. Reasons for Chanaes in Burden or Cost The NRC is proposing a requirement for licensees to submit reports on the status of their decommissioning funds, as the NRC needs assurance that licensees are collecting their required decommissioning funds.
16. Publication for Statistical Use None.
17. Reason for not Disolavina the Exoiration Date The requirement will be contained in a regulation. Amending the Code of Foderal Regulations to display information that, in an annual publication, could become out of date would confuse the ,

public.

18. Exceptions to the Certification Statement None.

B. s p COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS

- Statistical methods are not employed in the collection of information.

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