ML23080A111

Yankee Nuclear Power Plant Independent Spent Fuel Storage Installation, Funding Status Report for Managing Irradiated Fuel and GTCC Waste

ML23080A111
Person / Time
Site:	Yankee Rowe
Issue date:	03/06/2023
From:	Conry T Yankee Atomic Electric Co
To:	Document Control Desk, Office of Nuclear Material Safety and Safeguards
References
BYR 2023-008
Download: ML23080A111 (1)

Text

YANKEE ATOMIC ELECTRIC COMPANY 49 Yankee Road, Rowe, Massachusetts 01367

March 6, 2023 BYR 2023-008 10 CFR50.4 10 CFR 50.82(a)(8)(vii)

ATTN: Document Control Desk U.S. Nuclear Regulatory Commission

• Washington, DC 20555 - 0001

,. t, Yankee Atomic Electric Company Yankee Nuclear Power Plant Independent Spent Fuel Storage Installation NRC License No. DPR-3 (NRC Docket No.50-029) 7 z_ - 0 _3 /

Subject:

Funding Status Report for Managing Irradiated Fuel and GTCC Waste

On February 26, 1992, Yankee Atomic Electric Company (YAEC) informed the USNRC that the Board of Directors of Y AEC had decided to permanently cease operations at the Yankee Nuclear Power Plant and th~t fuel had been permanently removed from the reactor (Reference 1 ). In accordance with 10 CFR 50.82(a)(2), the certifications in the letter modified the YAEC Hcense to permanently withdraw YAEC's authority to operate the reactor. In 1993, YAEC commenced decommissioning the power plant. On August 10, 2007, the NRC released most of the formerly licensed land for unrestricted use, shrinking the licensed land to that utilized to support the Independent Spent Fuel Storage Installation (ISFSI) (Reference 2). Presently, Y AEC is storing irradiated fuel and Greater than Class C (GTCC) waste on site until the Department of Energy I..,'. I '

(DOE) *satisfies its contractual obligations 'to take title and possession of the spent fuel and GTCC waste and remove them from the site.

In Attachment 1, Y AEC provides the attached Funding Status Report for Managing Irradiated Fuel and GTCC Waste at the Yankee Nuclear Power Plant ISFSI to comply with Ip CFR 50.82(a1(8)(vii)..

This letter contains no regulat01y commitments. *

/IJ H 5> s z_ Lo

vH-55 Yankee Atomic Electric Company BYR 2023-008\\March 6, 2023\\Page 2

If you have any questions regarding this letter, please do not hesitate to contact me at (508) 612-3322.

Attachment:

1. Funding Status Report for Managing Irradiated Fuel and GTCC Waste at the Yankee Nuclear Power Plant Independent Spent Fuel Storage Installation (Status as of 12/31/2022)

References:

1. A. C. Kadak (Y AEC) letter to USNRC, "Permanent Cessation of Power Operations at the Yankee Nuclear Power Station," BYR-92-024, dated February 26, 1992

2. USNRC letter to Yankee Atomic Power Company, "Yankee Nuclear Power Station - Release of Land from Part 50 License," dated August 10, 2007

cc: R. Lorson, NRC Region I Administrator A. Dimitriadis, Chief, Decommissioning Branch, NRC, Region 1 Y. Diaz-Sanabria, Chief, Division of Fuel Management, Storage and Transportation Licensing Branch J. Viveiros, Planning, Preparedness & Nuclear Section Chief, MEMA ATTACHMENT 1 TO BYR2023-008

FUNDING STATUS REPORT FOR THE MANAGING OF IRRADIATED FUEL AND GTCC WASTE AT THE YANKEE NUCLEAR POWER PLANT INDEPENDENT SPENT FUEL STORAGE INSTALLATION (STATUS AS OF 12/31/2022)

Attachment 1 to BYR 2023-008 Fundi_i!g_~!atus Report for the Managing of Irradiated Fuel and G_TCC Waste at the Yankee Nuclear Power Plant Independent Spent Fuel Storage Installation (Status as of 12/31/2022)

10 CFR Requirement Response Comment 10 CFR 50.82(a)(8)(vii) Requirements

1. The amount of funds accumulated ~$111.0 Yankee Atomic Electric Company (Y ABC) has established an account within its to cover the cost of managing the million ( as of Nuclear Decommissioning Trust (NDT) entitled, "ISFSI Radiological Decom," that irradiated fuel. 12/31/2022) segregates the funds for decommissioning of the Yankee Nuclear Power Plant Independent Spent Fuel Storage Installation (ISFSI) from the larger balance of funds for ongoing management of irradiated fuel and Greater than Class C (GTCC) waste held in the NDT. The market balance represented here as of December 31, 2022 excludes the funds set-aside for decommissioning the ISFSI.

2. The projected cost of managing ~$172.4 The current cost estimate for management of spent fuel and Greater than Class C irradiated fuel until title to the million (2023 (GTCC) waste was submitted to the NRC on December 10, 2021.

fuel and possession of the fuel is -2037*)

transferred to the Secretary of (In 2022

• Currently, the irradiated fuel and GTCC waste are scheduled to be removed from the Energy. dollars) site by 203 8, with decommissioning, license termination, and business closure occurring after that time period.

3. If the funds accumulated do not See Comment The Company has several methods of obtaining additional funds to cover projected cover the projected cost, a plan to costs.

obtain additional funds to cover the cost. First, Y ABC may collect funds through its power contracts and amendatory agreements under FERC regulation. The power contracts and the amendatory agreements specify the obligations of the purchasers for the costs ofYAEC, including the ongoing costs of managing irradiated fuel and GTCC waste. Pursuant to these power contracts, Y ABC has the ongoing ability to seek collections from its purchasers for additional funds that may be required to cover these costs.

Second, Y ABC has received proceeds from the successful litigation of several phases of its breach of contract damages claims against the DOE for failure to begin the removal of spent nuclear fuel (SNF) and GTCC waste from the site in 1998. YAEC will continue to file claims against the DOE, as long as the DOE continues to breach its contract obligations related to SNF and GTCC waste.

Page 1 of2 Attachment 1 to BYR 2023-008

~u~ding Status_ R~_p~rt for the Managing_ oflrradia_ted Fuel and 9J'CC Waste_ at the Yankee Nuclear Power Plant Independent Spent Fuel Storage Installation (Status as of 12/31/2022)

10 CFR Requirement Response Comment A YABC FERC filing approved in June 2013, implemented a fifteen-year funding mechanism. Until the 2013 FERC filing, the Company had employed a "full funding" assumption in developing funding requirements. The fifteen-year funding mechanism was put in place to incorporate the potential for the receipt of future DOE breach of contract damages as a source of funding. If future damage recovery does not occur, the Company may apply to FERC for more funding, if necessary. The approved FERC filing also requires Y ABC to provide an informational filing regarding the adequacy of funding if five years pass without receipt of damage awards from litigation with the DOE.

Third, Y ABC expects to utilize the investment return on Decommissioning Trust assets to offset future costs. The current assumed rate of investment return, after fees and taxes is 4.0%.

Page 2 of2