ML20247A730

Expresses Concern That Language in Documentation Re CLI-88-10 Unduly Limits Obligations of Applicant & Bonding Company in Event That Application for Full Power OL Withdrawn or Not Granted.Related Correspondence

ML20247A730
Person / Time
Site:	Seabrook
Issue date:	03/23/1989
From:	Traficonte J MASSACHUSETTS, COMMONWEALTH OF
To:	Berry G NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
CON-#189-8347 CLI-88-10, OL-1, NUDOCS 8903290178
Download: ML20247A730 (1)

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[THE COMMONWEALTH OF MASSACHUSETTS'

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@ DEPARTMENT OF THE ATTORNEY GENERAL' ,1 a ,

k JOHN W. McCoRMACK STATE OFFICE BUILolNG oNE ASHBURToN PLACE. BOSTON 02108-1698

'89 MAR 27 P3 : j JAMES M. SHANNoN

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ATTOANEY GENERAL l

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u . . .- m' j March 23, 1989 9P ant.. - ,

EEDIR E._ EXPRESS ,

Gregory Barry,.Esq. J U.S. Nuclear Regulatory Commission Office of General Counsel llS55 Rockville pike  !

Rockville, MD 20852 l

Dear Greg:

The Massachusetts Attorney General understands that the Staff is '

now reviewing the surety bond and related documents submitted by the ,

Applicants in. connection with CLI-88-10. We would'like to point out i that all of the documents define pre-op. decommissioning as resulting from "the denial by tha NRC of a ' full-power' license for the' Seabrook project." Seft Surety Bond at 5; Trust Agreement at 5; and Funding Agreement at 14.

We are concerned that this language unduly limits the obligations of the Applicants and the bonding company in the event that the Applicants elect to withdraw their application for a

" full-power" license or that that license is otherwise not granted.

Although I am certain that the Applicants would deny that such a-result is a possibility, it would seem obvious that the obligations of the bonding company and the Applicants to fully fund and pay for the costs of decommissioning should be the fxame irrespective of the manner by which the full-power proceedings are terminated and that those obligations should be triggered by any facts or circumstances precipitating such costs.

I trust that the Staff will require appropriate assurances that this is the case.

Very truly yours, I i

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h hn Traficonte I C-89j32 h h hoPDR43 b x

isistant Attorney General hief, Nuclear Safety Unit hD JT/BT cc: Service List

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