NRC-13-0015, Enrico Fermi Atomic Power Plant, Unit 1, Decommissioning Funding Status Report

Enrico Fermi Atomic Power Plant, Unit 1, Decommissioning Funding Status Report

ML13088A035
Person / Time
Site:	Fermi
Issue date:	03/28/2013
From:	Conner J DTE Energy
To:	Document Control Desk, NRC/FSME
References
NRC-13-0015
Download: ML13088A035 (17)

Text

J. Todd Conner Site Vice President DTE Energy Company 6400 N.Dixie Highway, Newport, Ml 48166 Tel: 734.586.4849 Fax: 734586.5295 Email: connerj@dteenergy.com DTE Energy-10 CFR 50.75(f)(1)

March 28, 2013 NRC-13-0015 U. S. Nuclear Regulatory Commission Attention: Document Control Desk Washington D C 20555-0001

Reference:

Enrico Fermi Atomic Power Plant, Unit No. 1 NRC Docket No. 50-16 NRC License No. DPR-9

Subject:

Decommissioning Funding Status Report for Fermi 1 This letter provides the report required by 10 CFR 50.75(f)(1) and 10 CFR 50.82(a)(8)(v) on the status of DTE Electric Company's (previously, The Detroit Edison Company) decommissioning funding assurance for Fermi 1.

Fermi 1 is a permanently shutdown experimental sodium cooled breeder reactor, which last operated in 1972. It is in SAFSTOR status and its possession-only license expires in 2025. Activities have been performed for the purpose of returning Fermi 1 to passive SAFSTOR. At a later time, decommissioning will be continued for the purpose of removing the remaining residual radioactive material and terminating the Fermi 1 license. The decommissioning estimate provided is based on an end of year review, as required.

The requested annual decommissioning fund information for Fermi 1, reported in 2012 dollars, is provided in Enclosure 1 of this letter. The prepayment trust method and DTE Electric Company funding combined with a DTE Energy guarantee is providing funding assurance. Documentation of the financial test for this guarantee is provided in of this letter. A copy of the current parent company guarantee is provided in Enclosure 3 of this letter.

USNRC NRC-13-0015 Page 2 Should you have any questions or require additional information, please contact Daniel Breiding of my staff at (734) 586-1912.

Sincerely, Enclosures cc: NRC Project Manager (T. Smith)

NRC Resident Inspector - Fermi 2 NRC Region III (P.Lee)

NRC Regional Administrator, Region III Supervisor, Electric Operators, Michigan Public Service Commission

ENCLOSURE 1 TO NRC-13-0015 FERMI 1 DECOMMISSIONING FUNDING STATUS REPORT Enrico Fermi Atomic Power Plant, Unit 1 NRC Docket No. 50-16 NRC License No. DPR-9 to NRC-13-0015 Page 1 Decommissioning Funding Status Report Fermi 1 (Millions of Dollars)

1. The decommissioning cost estimate for Fermi 1 is based on a site- $19.2 specific estimate adjusted by ongoing reviews. The estimated remaining decommissioning cost in 2012 dollars, including $150,000 per year for SAFSTOR maintenance (which assumes 18 years), with a contingency of 30%

is $19.2 million.

2. The market value of the Fermi 1 trust fund was approximately $2.7 million ~$2.7 as of December 31, 2012.

3. Amount fund is above (or below) estimated remaining costs. $(16.5)

A DTE Energy guarantee for $20 million has been chosen as the assurance method for Fermi 1's shortfall. DTE Electric Company is not collecting any additional amounts nor relying upon any contracts for the purpose of decommissioning funding assurance for Fermi 1.

4. The total cost of Fermi 1 decommissioning activities through December 31, 2012 was $84.9 million of which $1.3 million was booked for 2012. This includes expenditure during initial decommissioning in 1970's.

5. The budget for work scheduled for 2012 to return to SAFSTOR was $0.7M. The amount spent was $1.3M, this included $87,191 for SAFSTOR maintenance cost.

6. The assumptions used regarding escalation in decommissioning cost, rates of earnings on decommissioning fund, and rates of other factors used in funding projections:

Escalation in decommissioning cost was assumed to increase by 4.519% since this is what is being used at DTE Energy for Asset Retirement Obligation (ARO) escalation rate.

No rate of earnings was used on the decommissioning fund for the determination of this financial assurance status report.

7. Any modifications to the current method of providing financial None assurance occurring since the last submitted report:

8. Any material changes to the trust agreement: None

ENCLOSURE 2 TO NRC- 13-0015 FERMI 1 DECOMMISSIONING FUNDING STATUS REPOR T DTE Energy Guarantee Financial Test Enrico Fermi Atomic Power Plant, Unit 1 NRC Docket No. 50-16 NRC License No. DPR-9

LETTER FROM David E. Meador, CHIEF FINANCIAL OFFICER OF DTE Energy Company, CORPORATE PARENT of DTE Electric Company, INCLUDING COST ESTIMATES AND DATA FROM AUDITED FINANCIAL STATEMENTS U.S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, D.C. 20555-0001 I am the Chief Financial Officer of DTE Energy Company (DTE or firm), One Energy Plaza, Detroit, MI 48226-1279, a Michigan corporation. This letter is in support of this firm's use of the financial test to demonstrate financial assurance, as specified in 10 CFR Part 50.

DTE guarantees, through the parent company guarantee submitted to demonstrate compliance under 10 CFR Part 50, the decommissioning of the following facility owned by DTE Electric Company, a Michigan corporation and wholly-owned subsidiary of this firm. The current cost estimates for decommissioning, and the amounts being guaranteed, are shown for each facility:

Name of Location of Current Amount Being Facility Facility Cost Estimates Guaranteed Enrico Fermi 6400 N. Dixie Hwy $19,200,000 $20,000,000 Atomic Power Newport, MI 48166 Plant Unit 1 This firm is required to file a Form 10K with the U.S. Securities and Exchange Commission for the latest fiscal year 2012.

This fiscal year of this firm ended on December 31. The figures for the following items marked with an asterisk are derived from this firm's independently audited, year-end financial statements and footnotes for the latest completed fiscal year, ended December 31, 2012.

FINANCIAL TEST: ALTERNATIVE II

1. Decommissioning cost estimates or guaranteed amount for facility

[license number DPR 9] $20,000,000

2. Current notes rating of most recent unsecured issuance of this firm Rating BBB/Baal Name of rating service Standard & Poor's / Moody's Investors Service

3. Date of issuance of notes May 2011

4. Date of maturity of notes June 3, 2013

5*. Total net worth** $7,411,000,000 6*. Tangible net worth*** $5,238,000,000 7*. Total assets in the United States $26,310,000,000 Yes No

8. Is line 5 at least 6 times line 1? X

9. Is line 6 at least $21 million? X

10. Are at least 90 percent of firm's assets located in the United States? If not, complete line 11. X

11. Is line 7 at least 6 times line 1? X

12. Is the rating specified on line 2 "BBB" or better (including adjustments of + and -) as issued by Standard & Poor's or "Baa" or better (including adjustments of 1,2 or 3) as issued by Moody's X

• denotes figures derived from financial statements

• • Total net worth is defined as net worth minus net book value and goodwill of the Fermi 1 nuclear facility

• • • Tangible net worth is defined as Total net worth above minus goodwill, patents, trademarks, and copyrights I certify that the information is true and correct to the best of my knowledge DTE Energy Company By David E. Meador Executive Vice President and Chief Financial Officer, DTE Energy Company Date: March 27, 2013

pwc Report of Independent Accountants To DTE Electric Company We have performed the procedures enumerated below, which were agreed to by DTE Electric Company (formerly, The Detroit Edison Company) and the U.S. Nuclear Regulatory Commission ("NRC"), solely to assist you in DTE Electric Company's compliance with the NRC financial assurance regulations, 10 CFR Part 50, as of December 31, 2012, as detailed in the "Letter from David E. Meador, Chief Financial Officer of DTE Energy Company, Corporate Parent of DTE Electric Company, Including Costs Estimates and Data from Audited Financial Statements" (the "Letter") to be provided to the NRC. DTE Electric Company is responsible for the Letter. This agreed-upon procedures engagement was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants. The sufficiency of these procedures is solely the responsibility of those parties specified in this report.

Consequently, we make no representation regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose.

1. We compared the amount of "Total net worth" per line 5 of the Letter to "Total Equity" as reflected in the audited consolidated financial statements of DTE Energy Company (the "Company") as of December 31, 2012, and found the amounts to be in agreement.

2. We compared the amount of "Tangible net worth" per line 6 of the Letter to a schedule prepared by the Company from its accounting records. We compared the amounts listed on the schedule to the corresponding amounts included in the Company's accounting records and found the amounts to be in agreement, after giving effect to rounding. We reconciled the schedule to the audited consolidated financial statements of DTE Energy Company as of December 31, 2012.

3. We compared the amount of "Total assets in the United States" per line 7 of the Letter to a schedule prepared by the Company from its accounting records. We compared the amounts listed on the schedule to the corresponding amounts included in the Company's accounting records and found the amounts to be in agreement, after giving effect to rounding. We reconciled the schedule to the audited consolidated financial statements of DTE Energy Company as of December 31, 2012.

4. We inquired of the Chief Accounting Officer of DTE Energy Company as to whether any off-balance sheet transactions exist that could materially adversely affect the ability of DTE Energy Company to pay decommissioning costs. The Chief Accounting Officer responded that there are no significant off-balance sheet transactions that could materially adversely affect DTE Energy Company's ability to pay decommissioning costs.

5. We compared the bond ratings per line 2 of the Letter to information obtained as of March 25, 2013 from an external, publicly available source as follows:

Rating per Rating per Line 2 of the external External Source Letter source BBB BBB+ www.standardandpoors.com Baa1 Baai www.moodys.com PricewaterhouseCoopersLLP, One DetroitCenter,500 Woodward Avenue, Detroit,MI 48226 T: (313) 394 6000, F: (313) 394 6555, www.pwc.com/us

pwc We were not engaged to and did not conduct an examination, the objective of which would be the expression of an opinion on the Letter. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you.

This report is intended solely for the information and use of DTE Electric Company and the U.S. Nuclear Regulatory Commission, and is not intended to be and should not be used by anyone other than these specified parties.

March 27, 2013 2

ENCLOSURE 3 TO NRC-13-0015 FERMI 1 DECOMMISSIONING FUNDING STATUS REPORT Parent Company Guarantee Enrico Fermi Atomic Power Plant, Unit 1 NRC Docket No. 50-16 NRC License No. DPR-9

PARENT COMPANY GUARANTEE Guarantee made this 17th day of December 2012 by DTE Energy Company, a corporation organized under the laws of the State of Michigan, herein referred to as "guarantor," to our subsidiary, The Detroit Edison Company (DECo) of Detroit, MI, obligee, Recitals 1, The guarantor has full authority and capacity to enter into this guarantee under its bylaws, articles of incorporation, and the laws of the State of Michigan, its State of incorporation. Guarantor has approval from its Board of Directors to enter into this guarantee.

2. This guarantee is being issued so that Detroit Edison Company will be in compliance with regulations issued by the Nuclear Regulatory Commission (NRC), an agency of the U.S. Government, pursuant to the Atomic Energy Act of 1954, as amended, and the Energy Reorganization Act of 1974. The NRC has promulgated regulations in Title 10, Chapter I of the Code of Federal Regulations, Part 50, which require that a holder of, or an applicant for, a license issued pursuant to 10 CFR Part 50 provide assurance that funds will be available when needed for required decommissioning activities.

3. This guarantee is issued to provide financial assurance for decommissioning activities at the Enrico Fermi Atomic Power Plant Unit 1, License Number DPR-9, as required by 10 CFR Part 50. The guarantee amount is as follows: $20,000,000 for the Enrico Fermi Atomic Power Plant Unit 1 (Fermi 1).

4. The guarantor meets or exceeds the following financial test: (a) and agrees to notify Detroit Edison Company and the NRC of any changes in its ability to meet the criteria in compliance with the notification requirements as specified in 10 CFR Part 50 and Appendix A to 10 CFR Part 30.

The guarantor meets one of the two financial tests:

(a)(i) A current rating of its most recent unsecured notes issuance of AAA, AA, A or BBB (including adjustments of + and -) as issued by Standard and Poor's, or Aaa. Aa, A or 3aa (including adjustments of 1,2 or 3) as issued by Moody's; and (ii) Total net worth is at least six times the current guarantee amount.;

and (iii) Tangible net worth of at least $21 million, and (iv) Assets located in the United States amounting to at least 90 percent

of its total assets or at least six times the current guarantee amount.

OR (b)(i) Net working capital and tangible net worth each at least six times the current guarantee amount.; and (ii) Assets located in the United States amounting to at least 90 percent of its total assets or at least six times the amount of the current guarantee amounts; and (iii) Meets two of the following three ratios: a ratio of total liabilities to total net worth less than 2.0; a ratio of the sum of net income plus depreciation, depletion, and amortization to total liabilities that is greater than 0.1; and a ratio of current assets to current liabilities that is greater than 1.5; and (iv) Tangible net worth of at least $21 million.

5. The guarantor has majority control of the voting stock for the following licensee(s) covered by this guarantee. Licensee: The Detroit Edison Company; Facilities: Enrico Fermi Atomic Power Plant, Unit 1, 6400 N. Dixie Hwy, Newport, MI 48166, license number DPR - 9.

6. Decommissioning activities as used below refers to the activities required by 10 CFR Part 50 for decommissioning of facility identified above.

7. For value received from Detroit Edison Company and pursuant to the authority conferred upon the guarantor by the September 28, 2006 resolution of the Finance Committee acting on delegation of authority from the DTE Energy Company Board of Directors , a certified copy of which is attached, the guarantor guarantees that if the licensee fails to perform the required decommissioning activities, as required by License No- DPR-9, the guarantor shall pay into the Fermi 1 Nuclear Decommissioning Trust Fund the amount of the current cost estimates for these activities.

8. The guarantor agrees to submit revised financial statements, financial test data, and a special auditor's report and reconciling schedule to the NRC annually within 90 days of the close of the parent guarantor's fiscal year.

9. The guarantor and the licensee agree that if, at the end of any fiscal year before termination of this guarantee, the guarantor fails to meet the financial test criteria, the guarantor and the licensee shall send, within 90 days of the end of the fiscal year in which the guarantor fails to meet the financial test criteria, by certified mail, notice to the NRC. If Detroit Edison Company fails to provide alternative financial assurance as specified in 10 CFR Part 50, as applicable, and obtain written approval of 2

such assurance from the NRC within 120 days after the end of the fiscal year, the guarantor shall provide such alternative financial assurance in the name of Detroit Edison Company or make full payment under the guarantee to the Fermi 1 Nuclear Decommissioning Trust Fund.

10. Independent of any notification under paragraph 9 above, if the NRC determines for any reason that the guarantor no longer meets the financial test criteria or that it is disallowed from continuing as a guarantor for the facility under License No. DPR - 9 the guarantor agrees that within 30 days after being notified by the NRC of such determination, an alternative financial assurance mechanism as specified in 10 CFR Part 50, as applicable, shall be established by the guarantor in the name of Detroit Edison Company unless Detroit Edison Company has done so.

11. The guarantor also agrees to notify the NRC promptly if the ownership of the licensee or the parent firm is transferred and to maintain this guarantee until the new parent firm or the licensee provides alternative financial assurance acceptable to the NRC.

12. The guarantor agrees that if it determines, at any time other than as described in Recital 9, that it no longer meets the financial test criteria or it is disallowed from continuing as a guarantor, it shall establish alternative financial assurance as specified in 10 CFR Part 50 as applicable, within 30 days in the name of Detroit Edison Company unless Detroit Edison Company has done so.

13. The guarantor as well as its successors and assigns shall remain bound jointly and severally under this guarantee notwithstanding any or all of the following: amendment or modification of license or NRC-approved decommissioning funding plan for that facility, the extension or reduction of the time of performance of required activities, or any other modification or alteration of an obligation of the licensee pursuant to 10 CFR Part 50.

14. The guarantor agrees that all bound parties shall be jointly and severally liable for all litigation costs incurred by the NRC in any successful effort to enforce the agreement against the guarantor.

15. The guarantor agrees to remain bound under this guarantee for as long as Detroit Edison Company must comply with the applicable financial assurance requirements of 10 CFR Part 50, for the previously listed facility, except that the guarantor may cancel this guarantee by sending notice by certified mail to the NRC and to Detroit Edison Company, such cancellation to become effective no earlier than 120 days after receipt of such notice by both the NRC and Detroit Edison Company as evidenced by the return receipts.

16. The guarantor agrees that if Detroit Edison Company fails to provide alternative financial assurance as specified in 10 CFR Part 50, as applicable, and obtain written approval of such assurance from NRC within 90 days after 3

a notice of cancellation by the guarantor is received by both NRC and Detroit Edison Company from the guarantor, the guarantor shall provide such alternative financial assurance in the name of Detroit Edison Company or make full payment under the guarantee.

17. The guarantor agrees that it is subject to Commission orders to make payment under the guarantee agreement.

18. The guarantor agrees that if the guarantor admits in writing its inability to pay its debts generally, or makes a general assignment for the benefit of creditors, or any proceeding is instituted by or against the guarantor seeking to adjudicate it as bankrupt or insolvent, or seeking dissolution, liquidation, winding-up, reorganization, arrangement, adjustment, protection, relief or composition of it or its debts under any law relating to bankruptcy, insolvency, or reorganization, or relief of debtors, or seeking the entry of an order for relief or the appointment of a receiver, trustee, custodian, or other similar official for the guarantor of for any substantial part of its property, or the guarantor takes any action to authorize or effect any of the actions stated in this paragraph, then the Commission may:

(a) Declare that the financial assurance guaranteed by the parent company guarantee agreement is immediately due and payable to the Fermi 1 Nuclear Decommissioning Trust set up to protect the public health and safety and the environment, without diligence, presentment, demand, protect or any other notice of any kind, all of which are expressly waived by guarantor: and (b) Exercise any and all of its other rights under applicable law,

19. The guarantor agrees to notify the NRC, in writing, immediately following the filing of a voluntary or involuntary petition for bankruptcy under any chapter of Title 11 (Bankruptcy) of the United States Code (U.S.C.), or the occurrence of any other event listed in recital 18 of this guarantee and by or against the guarantor; the licensee; an entity (as that term is defined in 11 U.S.C.

101(14)) controlling the licensee or listing the license or licensees as property of the estate; or an affiliate (as that term is defined in 11 U.S.C. 101(2)) of the licensee. This notification must include: a description of the event, including major creditors, the amounts involved, and the actions taken to assure that the amount of funds guaranteed by the parent company guarantee for decommissioning will be transferred to the Fermi 1 Nuclear Decommissioning Trust as soon as possible; if a petition of bankruptcy was filed, the identity of the bankruptcy court in which the petition for bankruptcy was filed; and the date of filing of any petitions.

20. The guarantor expressly waives notice of acceptance of this guarantee by the NRC or by Detroit Edison Company. The guarantor also expressly waives notice of amendments or modification of the decommissioning requirements and of amendments or modifications of the license.

4

21. If the guarantor files financial reports with the U.S. Securities and Exchange Commission, then it shall promptly submit them (eg. 10K Report) to the NRC during each year in which this guarantee is in effect.

I hereby certify that this guarantee is true and correct to the best of my knowledge.

Effective date: December 17, 2012 DTE Enery Company David E. Meador, Executive Vice President and Chief Financial Officer The Det C any Daniel G. Brudzynski, Vice President and Treasure Signature of witness or notary; MARLANE P POTTER NOTARY PUBLIC STATE OF MI COUNTY OF ST CAIR MY COMMISSION EXPIRES Jan 22,2013 ACTING INCOUNTY OF CU/4'/6V 2 5

DTE ENERGY COMPANY Certficate of the Coriporate Secretay I, Sandra Kay Ennis, the duly elected and acting Corporate Secretary of DTE Energy Company, a Michigan coaporation (the "Company"), do hereby certify as follows:

Attached hereto as Exhibit A is a true and correct copy of resolutions ("Resohtions")

adopted at a meeting of the Board of Directors of the Company held on September 28, 2006, at which meeting a quorum was present and acting throughout; and such Resolutions have not been amended, modified, :supplemented or rescinded and are in effect on the date hereof; IN WITNESS WHEREOF, I have set my hand this 15i' day of March, 2010.

DTE ENERGY COMPANY Sandra Kay Ennis Coirporate Secretary

EXHIBIT A Gnarantee Increase WHEREAS, management periodically reviews guarantees required to support the-actions of subsidiary companies; and has advised the Finance Committee that guarantees for the benefit of affiliates engaging in-non-trading activities (excluding guarantees related to synthetic fuel facility sales transactions.) and guarantees related to synthetic fuel facility sales transactions are adequate in the amounts authorized by the Board on April 28, 2005 ("Prior Resolutions"); and further WHEREAS, nianageinent has advised the Finance Committee of this Board, and the Finance Committee recommends to this Board that it is necessary and advisable to increase the authority under the Prior Resolutions from $1.9 billion to $2.3 billion with respect to the guarantees for the benefit of affiliates engaging in trading activities, such increased amount being primarily for the purpose of exchange trading activity; NOW, THEREFORE, BE IT RESOLVED, that the resolutions relating to guarantee authority adopted by this Board on April 28, 2005 be, and they hereby are, rescinded and replaced by the resolutions herein adopted; and further RESOLVED, that the Chief Financial Officer, Treasurer, and each Assistant Treasurer (collectively the "Responsible Officers") of this Company be, and each of them hereby is, authorized to issue the guarantees of this Company for the benefit of affiliates engaging in trading activities in.the aggregate principal amount of up to $2.3 billion; and further RESOLVED, that the Responsible Officers of this Company be, and each of them hereby is, authorized to issue the guarantees of this Company for the benefit of affiliates engaging in non-trading activities (excluding guarantees related to synthetic fuel facility sales transactions) in the aggregate principal amount of up to $850 million; and further RESOLVED, that the Responsible Officers of this Company be, and each of them hereby is, authorized to issue the guarantees of this Company in such amounts as any such Responsible Officer deems necessary, appropriate or advisable, in such Responsible Officer's discretion, for the sale(s) of synthetic fuel facilities of this Company's affiliates; and RESOLVED, that the Responsible Officers, the Corporate Secretary and each Assistant Corporate Secretary of this Company be, and each of them hereby authorized to do all acts and deeds and execute and deliver all subh documents as each is, of such named officers deem to be necessary, appropriate or advisable to carry into effect the purpose and intent of these resolutions.

DTE Energy Company Meeting of the Board offDireetors September 28, 2006