ML22224A178
| ML22224A178 | |
| Person / Time | |
|---|---|
| Site: | BWX Technologies |
| Issue date: | 08/05/2022 |
| From: | Freudenberger R BWXT, BWXT |
| To: | James Downs Document Control Desk, Office of Nuclear Material Safety and Safeguards |
| References | |
| 22-053 | |
| Download: ML22224A178 (8) | |
Text
OFFICIAL USE ON.LY BWX Technologies, Inc.
August 5, 2022 22-053 James Downs, Senior Project Manager Division of Fuel Management Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Washington D.C. 20555-0001
References:
(1) License No. SNM-42, Docket 70-27
Subject:
Mr. Downs:
(2) Letter dated December 7, 2021, BWXT (Freudenberger) to NRC (Document Control Desk), Request to Amend SNM-42, Chapter 10, Decommissioning -
Update of Decommissioning Cost Estimate (3) Email dated June 8, 2022, NRC (Downs) to BWXT (Terry), Request for Additional Information - Decommissioning Cost Updates (Enterprise Project Identifier L-2021-DFA-0010)
(4) Letter.dated June 24, 2022, BWXT (Freudenberger) to NRC (Document Control Desk), Response to Request for Additional Information (Enterprise Project Identifier L-2021-DFA-0010)
(5) Letter dated July 12, 2022, NRC (Downs) to BWXT (Terry), BWXT Nuclear Operation Group, Inc. Interim Approval of Chapter 10, Decommissioning (Enterprise Project Identifier L-2021-DFA-001 O)
Updated Financial Assurance Documents, Certification of Financial Assurance and Revised SNM-42 License Application, Chapter 10, Decommissioning BWXT Nuclear Operations Group, Inc. - Lynchburg, Va. (BWXT NOG-L), is providing the following enclosures in response to the NRC's July 12, 2022 letter (Reference 5):
- 1) Signed original copy of the rider to the Surety Bond with the updated decommissioning cost estimate amount approved in Reference 5.
- 2) Signed original copy of Amendment No. 3 to the Standby Trust Agreement.
- 3) Signed statement regarding certification of financial assurance
- 4) A finalized and dated copy of Chapter 10 of the SNM-42 License Application.
Document transmitted herewith contains Official Use Only Information B\\".'XT N1.u::1c:*:ir OpC*f.:lt*c~::: Gro~JP lr.c PO eo.... 785 t.~-nchburg VA ~4b0$ u:.::A 1
People Strong INNOVATION DRIVEN>
OFFICIAL USE ONLY
UNCLASSIFIED BWXT NOG-L requests that the NRC acknowledge and sign the rider to the Surety Bond and Amendment No. 3 to the Standby Trust Agreement. We also request after accepting and countersigning these documents, that you return a portable document format (PDF) copy of each fully executed document for our records. Please return the copies to BWXT NOG-L in care of Chris Terry at the following address:
Chris Terry Manager, Licensing and Safety Analysis MC 81 P.O. Box 785 Lynchburg, VA 24505-0785 If you have questions or require additional information, please contact Chris Terry, Manager of Licensing and Safety Analysis, at ctterry@bwxt.com or 434-522-5202.
Sincerely, l/4..L..f,~1/2--
Richard J. Freudenberger Manager, Environment, Safety, Health & Safeguards BWXT Nuclear Operations Group, Inc. - Lynchburg Enclosures cc:
, Kenneth Kline, Project Manager, NRC/NMSS/REFS NRC Region II NRC Resident Inspector B\\*:xt Nwc;o.:i~ Oper.:i:1on~ Group Inc PO 80-.( 785 Lynci"lburg. VA :?.;SOS U$;.
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UNCLASSIFIED
UNCLASSIFIED ENCLOSURE 1 Signed Original Copy of the Rider to the Surety Bond BvVXT Nucle.:lf Oper.llion::: Group Inc PO Box 785 Lynchburg, VA 2-1S05 U$A t
- 1 434 522 6000 www.b..-1.d com People Strong INNOVATION DRIVEN>
UNCLASSIFIED
~
Al' ARGO SURETY
. Argonaut Insurance Company Deliveries Only: 225 W. Washington, 24th Floor, Chicago, IL 60606 Member Argo Group
- United States Postal Service:
P.O. Box 469011, San Antonio, TX 78246 RIDER To be attached to and form part of Bond No. SUR0032602 Issued on behalf of BWXT Nuclear Operations Group, Inc. as Principal, and in favor of United States Nuclear Regulatory Commission as Obligee dated 23rd day of_May, 2017.
It is agreed that:
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- 1. The Surety hereby gives its consent to change the Name:
from:
to:
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- 2. The Surety hereby gives its consent to change the Address:
from:
to:
- 3. The Surety hereby gives its consent to change the: Penal Sum of Bond from: $36,757,568.00 to: $40,119,661.00
- 4. This rider shall become effective as of July 15, 2022 PROVIDED, however, that the liability of the Surety under the attached bond as changed by this Rider shall not be cumulative. No other terms and conditions of the bond are altered other than the foregoing.
Signed, sealed and dated July 15, 2022.
Argonaut Insurance Company By:~~-----
David T. Miclette, Attorney-in-Fact BWXT Nuclear Operations Group, Inc.
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By: __ --+lf:--------------
Principal K1ftT J. "11&6S > T£.EA~UUL Acknowledged & Accepted by: ___________ _
Date: _______ _
, Obligee
Argonaut Insurance Company Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under f~e laws of the State of lllinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint:
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David T. Miclette Ba K. McCord Asble Britt Rita G. Gulizo Nikole Jeannette
'I Latircn 0. Moudv Robert M.
Overbo Jr. Lace Hitchcock. Stace Bosle Stac Owens
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Their true and lawful agent(s) and attorney(s)-in-fact, each in their separate capacity if more than one is named :i'!i:o)'f and on its*behalfas surety, and as its act and deed any and all bonds, contracts, agreements ofindemruty fr$1:0t!lri-~de however, that the penal sum of any one such instrument executed hereunder shall not exceed the sumo~: 1;:
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$97,550,000.00,¢{, \\1~,~,.f*
This Power of Attorney is granted and is signed and sealed under and by the authority of the follO~'ingi}lesolution adopted by the Board of Directors of Argonaut Insurance Company:
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"RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice ~~~!~lm.;:~ccrctary, Treasurer and each of them hereby is authorized to execute powers of allorney, and such authority can be executed by ~
of fa~iihlle"signature, which may be allested or acknowledged by any
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officer or attorney, of the Company, qualifying the attorney or attorneys name
- t~-~ givcn\\power of attorney, to execute in behalf of, and acknowledge as the act and deed of the Argonaut Insurance Company, all bond undertakings,
tracts ofsuretyship, and to affix the corporate seal thereto."
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f, IN WITNESS WHEREOF, Argonaut Insurance Company has caused it</~~fficiai\\iea'I to be hereunto affixed and these presents to be signed by its duly authorized officer on the 19th day of November, 2021.
"3/4.1:::f' Argonaut Insurance Company ST A TE OF TEXAS COUNTY OF HARRIS SS:
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by:
Gary E. Grose, President
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On this 19th day ofNovember, 20il~;,rn-.I*~:!g~ me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE 01r15f.R OF*TI-IE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he ackn~\\vi~dged the execution of same, and being by me duly sworn, deposed and said that he is the officer of the said Company
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aforesaid, and that the sfl'affi11-~d to.'the preceding instrument is the Corporate Seal of said Company, and the said Cm]Jorate Seal and his signature as officer wcre*duly affixe* and sili,scribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the t;<
Board of Directonf'"
' lnpany, referred to in the preceding instrument is now in force.
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IN TEST:IM~Y WHEREOF, 1 have hereunto set my hand, and affixed my Official Seal al the County of Harris, the day and year first above written.
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KATHLEEN M MEEKS NOTARY PUBLIC STATE OF TEXAS MV COMM. EXP. 07/15t25 NOTARY ID 557902-8 (Notary Public) 1, the undersigned Officer of the Argonaut Insurance Company, Jllinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked.
IN WITNESS WHEREOF, I ha.e h~Mlo so my Mod, *od *ffi>ed <he ""I of~,, C=pa"Y, o, lh, /~of ~
Austin W. King, Secretary IF YOU HA VE QUESTIONS ON AUTHI-.:NTICll'Y OF THIS DOCUMENT CALL (833) 820 -9137.
UNCLASSIFIED ENCLOSURE2 Signed Original Copy of Amendment No. 3 to the Standby Trust Agreement BW'XT Nucle.:i, Oper,::n,on:: Group. Inc PO Box 785 Lynchburg, VA 2450S USA t
- 1 434 522 6000 WWW bwr:I com People Strong INNOVATION DRIVEN>
UNCLASSIFIED
AMENDMENT No. 3 To Trust Agreement Dated December 6, 2(116 By And Between BWXT Nuclear Operations Group, Inc. (as "Grantor")
And Regions Bank (as "Trustee")
(the "Trust Agreement")
NOW THEREFORE, the parties to the Trust Agreement hereby agn~c th,1t SchL*dule A to the Trust Agreement is, effective as of the date of this AmendmL'llt Nu. 3, hL!rl*l)y Lfolcted and replaced in its entirety by the amended Schedule A attached as Annex A Jwrc*IP.
All other provisions of the Trust Agreement remain unchanged.
TI1is Amendment No. 3 shall be administered, construed and t'nhirccd,Kcording to the lavvs of the State of New York.
IN WITNESS WHEREOF, the parties hereto hJVL' c:iuscd this !--\\ mc*nd 111t*nt No. 3 tu be L!xccuted by the respective officers duly authorized effective as of this I '1'h d,1y <,f July, 2022.
BWXT Nuclear Operations Group, Inc.
As Grantor By: Kt ft.,-J. llu&6S I ts: 112.ISA.~\\l 1!.642,-
ACCEPTED AND AGREED BY:
United States Nuclear Regulatory Commission By:
Its:
Date:
Regions Bank As Trustee
Annex A SCHEDULE A This Agreement demonstrates financial assurance for the following cost estimates or prescribed amounts for the following licensed activities:
U.S. Nuclear Regulatory Commission License Number SNM-42 Name and Address of Licensee BWXT Nuclear Operations Group, Inc.
2016 Mount Athas Road Lynchburg, Virginia 24504 Address of Licensed Activity BWXT Nuclear Operations Group, Inc.
1570 Mount Athos Road Lynchburg, Virginia 24504 Cost Estimates for Regulatory Assurances Demonstrated by this Agreement Lynchburg Technology Center Downblending Total Cost Estimate
$ 36,965,380 3,154,281
$ 40,119,661 The cost estimates listed here were last adjusted and approved by NRC on July 12, 2022.