ML103010316

G20100619/EDATS: OEDO-2010-0804 - Eric J. Epstein Ltr. 2.206 Petition Relating to Inadequate Financial Assurances Provided by Firstenergy for Three Mile Island Unit-2's (TMI-2) Nuclear Decommissioning Fund

ML103010316
Person / Time
Site:	Three Mile Island
Issue date:	11/09/2010
From:	Chris Miller NRC/FSME
To:	Epstein E - No Known Affiliation
John Buckley 415-6607
Shared Package
ML103010346	List: ML103010316 ML103010328 ML103050078
References
2.206, EDATS: OEDO-2010-0804, G20100619, OEDO-2010-0804
Download: ML103010316 (4)

Text

November 9, 2010 Mr. Eric J. Epstein 4100 Hillsdale Rd.

Harrisburg, PA 17112

Dear Mr. Epstein:

Your petition dated September 30, 2010, and addressed to Stephen Burns, Office of the General Counsel, has been referred to me pursuant to 10 CFR 2.206 of the Commissions regulations. You request that the Commission take enforcement action in the form of a Demand for Information from FirstEnergy relating to inadequate financial assurance for Three Mile Island Unit-2s (TMI-2) decommissioning. As the basis for your request, you note that the current radiological decommissioning cost estimate is $831.5 million and the current amount in the decommissioning trust fund is $484.5 million, as of December 31, 2008. Further, you state that FirstEnergys decommissioning report is inadequate, and fails to account for the special status of TMI-2, the current level of underfunding, or the fact that decommissioning rate recovery for Metropolitan Edison and Pennsylvania Electric cease per Pennsylvania Public Utility Commission Orders on December 31, 2010.

I would like to express my sincere appreciation for your effort in bringing these matters to the attention of the U.S Nuclear Regulatory Commission. In that regard, you met with our Petition Review Board (PRB), via teleconference, on October 19, 2010, to discuss your petition. The results of that discussion have been considered in the PRBs determination regarding your request for additional information from FirstEnergy. The PRB determined that your request meets the criteria for accepting a petition for enforcement pursuant to 10 CFR 2.206. As provided by Section 2.206, we will take action on your request within a reasonable time. I have assigned John Buckley to be the petition manager for your petition. Mr. Buckley can be reached at 301-415-6607.

I have enclosed for your information a copy of the notice that is being filed with the Office of the Federal Register for publication. I have also enclosed for your information, a copy of NUREG/BR-0200, Public Petition Process, prepared by the NRC Office of Public Affairs.

Sincerely,

/RA/

Charles L. Miller, Director Office of Federal and State Materials and Environmental Management Programs Docket: 50-320

Enclosures:

1. Federal Register Notice

2. NUREG/BR-0200 cc: TMI-2 Service List

November 9, 2010 Mr. Eric J. Epstein 4100 Hillsdale Rd.

Harrisburg, PA 17112

Dear Mr. Epstein:

Your petition dated September 30, 2010, and addressed to Stephen Burns, Office of the General Counsel, has been referred to me pursuant to 10 CFR 2.206 of the Commissions regulations. You request that the Commission take enforcement action in the form of a Demand for Information from FirstEnergy relating to inadequate financial assurance for Three Mile Island Unit-2s (TMI-2) decommissioning. As the basis for your request, you note that the current radiological decommissioning cost estimate is $831.5 million and the current amount in the decommissioning trust fund is $484.5 million, as of December 31, 2008. Further, you state that FirstEnergys decommissioning report is inadequate, and fails to account for the special status of TMI-2, the current level of underfunding, or the fact that decommissioning rate recovery for Metropolitan Edison and Pennsylvania Electric cease per Pennsylvania Public Utility Commission Orders on December 31, 2010.

I would like to express my sincere appreciation for your effort in bringing these matters to the attention of the U.S Nuclear Regulatory Commission. In that regard, you met with our Petition Review Board (PRB), via teleconference, on October 19, 2010, to discuss your petition. The results of that discussion have been considered in the PRBs determination regarding your request for additional information from FirstEnergy. The PRB determined that your request meets the criteria for accepting a petition for enforcement pursuant to 10 CFR 2.206. As provided by Section 2.206, we will take action on your request within a reasonable time. I have assigned John Buckley to be the petition manager for your petition. Mr. Buckley can be reached at 301-415-6607.

I have enclosed for your information a copy of the notice that is being filed with the Office of the Federal Register for publication. I have also enclosed for your information, a copy of NUREG/BR-0200, Public Petition Process, prepared by the NRC Office of Public Affairs.

Sincerely,

/RA/

Charles L. Miller, Director Office of Federal and State Materials and Environmental Management Programs Docket: 50-320

Enclosures:

1. Federal Register Notice

2. NUREG/BR-0200 cc: TMI-2 Service List DISTRIBUTION: G20100619/EDATS: OEDO-2010-0804 DWMEP r/f RidsEDOMailCenter RidsFSMEOd RidsOGCMailCenter FSME r/f RidsAdmMailCenter RidsOISMailCenter RidsOEMailCenter ML103010346 OFC DWMEP DWMEP DWMEP OGC DWMEP Tech Editor FSME NAME JBuckley BWatson KMcConnell PJehle DSkeen (for PTressler CMiller LCamper)

DATE 11/01/10 11/01/10 11 /03/10 11 /03/10 11 /4/10 11 /4/10 11 /9/10 OFFICIAL RECORD COPY

Three Mile Island - Unit 2 Service List Mr. David W. Jenkins, Esq.

cc: First Energy Legal Department 76 South Main St.

Mr. James H. Lash Akron, OH 44308 President & Chief Nuclear Officer FirstEnergy Corporation Chairperson 76 South Main Street Dauphin County Board of Commissioners Akron, OH 44308 Dauphin County Courthouse Front and Market Streets Mr. Eric Epstein Harrisburg, PA 17120 EFMR Monitoring Group 4100 Hillsdale Road Mr. Ad Crable Harrisburg, PA 17112 Lancaster New Era 8 West King Street Mr. Wythe Keever Lancaster, PA 17601 The Patriot 812 Market Street Director Harrisburg, PA 17105 Bureau of Radiation Protection Department of Environmental Protection U.S. Environmental Protection Agency 13th Floor, Rachel Carson State Office Bldg.

Region III Office P. O. Box 8469 ATTN: Mr. B. Hoffman Harrisburg, PA 17105-8469 EIS Coordinator 3ES30 Senior Resident Inspector (TMI-1) 1650 Arch Street U.S. Nuclear Regulatory Commission Philadelphia, PA 17103 P.O. Box 311 Middletown, PA 17057 Ms. Jane Lee 183 Valley Road Dr. Judith H. Johnsrud Etters, PA 17319 Environmental Coalition on Nuclear Power 433 Orlando Avenue Mr. Walter W. Cohen, Consumer Advocate State College, PA 16803-3477 Department of Justice Strawberry Square, 14th Floor Mr. Dave Atherholt Harrisburg, PA 17127 Site Regulatory Assurance Manager, TMI-1 Exelon Generation Company LLC Mr. Mark E. Ford P. O. Box 480 Manager PDMS Middletown, PA 17057 Exelon Generation Company LLC P.O. Box 480 Mrs. Karen Fili Middletown, PA 17057 Vice President GPU Nuclear Fleet Oversight Mr. Jerome Boyd 76 South Main Street PDMS Supervisor Akron, OH 44308 Exelon Generation Company LLC P.O. Box 480 Mr. Michael J. Casey Middletown, PA 17057 GPU Nuclear Responsible Engineer TMI-2 FirstEnergy Nuclear Operating Company Mr. Bill Noll Mail Stop: A-GO-14 Site Vice President, TMI-1 76 South Main Street Exelon Generation Company LLC Akron, OH 44308 P.O. Box 480 Middletown, PA 17057

Public Petition Process ML050900248 Enclosure 2