NL-21-017, Pre-Notice of Disbursement from Decommissioning Trusts

Pre-Notice of Disbursement from Decommissioning Trusts

ML21098A178
Person / Time
Site:	Indian Point
Issue date:	04/08/2021
From:	Couture P, Metzger G Entergy Nuclear Operations
To:	John Lubinski, Andrea Veil Document Control Desk, Office of Nuclear Material Safety and Safeguards, Office of Nuclear Reactor Regulation
References
NL-21-017
Download: ML21098A178 (3)

Text

Entergy Nuclear Operations, Inc.

1340 Echelon Parkway Jackson, MS 39213 Tel 601-368-5102 Philip Couture Sr. Manager, Fleet Regulatory Assurance 10 CFR 50.75(h)(1)(iv) 10 CFR 50.82(a)(8)(ii)

NL-21-017 April 8, 2021 Ms. Andrea Veil Director, Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Mr. John Lubinski Director, Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

Subject:

Pre-Notice of Disbursement from Decommissioning Trusts Indian Point Nuclear Generating Unit Nos. 2 and 3 NRC Docket Nos. 50-247, and 50-286 License Nos. DPR-5, DPR-26, and DPR-64 Section 4.05 of the Master Decommissioning Trust Agreement by and between Entergy Nuclear Indian Point 2 (ENIP2) for Indian Point Nuclear Generating Units 1 and 2 (IP1 and IP2) and The Bank of New York Mellon, successor by operation of law to Mellon Bank, N.A. as Trustee, provides that no disbursements or payments shall be made by the Trustee, other than Administrative Expenses in accordance with Section 4.02 of the Master Trust Agreement, until the Trustee has first given the U.S. Nuclear Regulatory Commission (NRC) thirty (30) business days prior written notice of payment; provided, however, that no disbursement or payment from the Master Trust shall be made if the Trustee receives prior written notice of objection from the NRC Director of the Office of Nuclear Material Safety and Safeguards.

Section 3.08 of the Master Decommissioning Trust Agreement by and between Entergy Nuclear Indian Point 3, LLC (ENIP3) for Indian Point Nuclear Generating Unit 3 (IP3) and The Bank of New York Mellon, as Trustee, provides that no disbursements or payments shall be made by the Trustee, except for withdrawals being made under 10 CFR 50.82(a)(8) or for payments of ordinary administrative costs (including taxes) and other incidental expenses of the fund (including legal, accounting, actuarial, and trustee expenses) in connection with the operation of the fund until a written notice of the intention to make a disbursement or payment has been

NL-21-017 Page 2 of 3 given to the Director, Office of Nuclear Reactor Regulation at least 30 working days before the date of the intended disbursement or payment.

This letter provides the NRC written notification of the following:

The Bank of New York Mellon intends, upon receipt of a completed Decommissioning Certificate from ENIP2, to make a disbursement from the ENIP2 Master Decommissioning Trust, Unit 2 Qualified Fund, for decommissioning planning costs incurred for IP2, pursuant to 10 CFR 50.82(a)(8)(ii), not to exceed $2,000,000. ENIP2 has confirmed (or prior to the disbursement shall have confirmed) that the payment to be disbursed, in the aggregate with previous disbursements for decommissioning planning costs from the Unit 2 Qualified Fund, is less than or equal to three (3) percent of the generic amount specified in 10 CFR 50.75 and is for legitimate decommissioning planning expenses.

The Bank of New York Mellon intends, upon receipt of a completed Decommissioning Certificate from ENIP3, to make a disbursement from the ENIP3 Master Decommissioning Trust for decommissioning planning costs incurred for IP3, pursuant to 10 CFR 50.82(a)(8)(ii), not to exceed $2,000,000. ENIP3 has confirmed (or prior to the disbursement shall have confirmed) that the payment to be disbursed, in the aggregate with previous disbursements for decommissioning planning costs from the ENIP3 Master Trust, is less than or equal to three (3) percent of the generic amount specified in 10 CFR 50.75 and is for legitimate decommissioning planning expenses.

The disbursements described above are planned to be made thirty (30) business days following the date of this letter, unless the trustee receives prior written notice of objection from the NRC Director of the Office of Nuclear Material Safety and Safeguards (for IP2) or the NRC Director of the Office of Nuclear Reactor Regulation (for IP3).

This letter contains no new regulatory commitments.

Should you have any questions concerning this letter or require additional information, please contact Mr. Glen Metzger at 412-234-0573 or myself at 601-368-5102.

Sincerely, Glen Metzger Philip Couture Vice President & Service Director Sr. Manager, Fleet Regulatory Assurance The Bank of New York Mellon Entergy Nuclear Operations, Inc, on behalf of Entergy Nuclear Indian Point 2, LLC and Entergy Nuclear Indian Point 3, LLC

NL-21-017 Page 3 of 3 PC/hm cc: NRC Region I Regional Administrator NRC Senior Resident Inspector - Indian Point Energy Center NRC Senior Project Manager, NRC NRR DORL New York State Liaison Officer Designee, NYSERDA New York State Public Service Commission