ML23095A095

Presentation - Public Meeting on Licensee Use of Decommissioning Trust Funds for Major Radioactive Component Disposal During Operations

ML23095A095
Person / Time
Issue date:	04/11/2023
From:	NRC/NMSS/DREFS/FAB
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Download: ML23095A095 (9)

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Licensee Use of Decommissioning Trust Funds For Major Radioactive Component Disposal During Operations April 13, 2023

Meeting Agenda

• Background Discussion

• NRC Position on Using Decommissioning Trust Funds for Major Radioactive Component (MRC) Disposal During Operations

• Options for Using the DTF for MRC Disposal

• Information that May be Useful in Assessing an Exemption Request

• Path Forward Including Opportunity for Comment

• Q & A 2

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Background===

Petition for Rulemaking to Access the Decommissioning Trust Fund (DTF) for the Disposal of Large Components (PRM-50-119; NRC-2019-0083)

Petition for Rulemaking (PRM) filed on February 22, 2019 PRM requested that the NRC revise the definition of Decommissioning and amend 10 CFR 50.82 to allow for the use of the DTF to fund the disposal of MRCs prior to permanent cessation of operations NRC staff recommended denial of PRM-50-119 on October 19, 2020 The Commission voted to deny PRM-50-119 and issued SRM-S20-0095 3

NRC Position on DTF Use for MRC Disposal During Operations NRC Position -

• NRC decommissioning funding regulations ensure that there will be sufficient funding for the radiological decommissioning of a reactor facility upon permanent cessation of operations

• Any withdrawal of funds from the DTF during operations, other than those allowed by NRC regulations, may challenge the underlying intent of NRC decommissioning funding regulations

• As such, only under extraordinary circumstances would a withdrawal from the DTF prior to permanent cessation of operations be permissible 4

Using the DTF for MRC Disposal During Operations DTF Subaccounts -

- NRC allows commingling of funds set aside for non-radiological decommissioning purposes within the decommissioning trust

- Licensees may establish subaccounts within the decommissioning trust that are dedicated to activities other than radiological decommissioning

- Funding these subaccounts can be accomplished in a variety of ways

- Subaccounts for activities other than radiological decommissioning are outside of NRC oversight jurisdiction 5

Using the DTF for MRC Disposal During Operations Exemption from Regulations -

- Licensees may request an exemption in accordance with 10 CFR 50.12, Specific exemptions

- NRC staff reviews each exemption request based on the merits of the facts provided in the request

- NRC staff would consider site-specific factors of the facility and the unique financial status of each licensee when reviewing an exemption request 6

Information that May be Useful in Assessing an Exemption Request (include, but not limited to)

Site-Specific Factors-

- Estimated cost of activity

- Site-specific decommissioning cost estimate (including the proposed activity cost)

- Estimated time until permanent cessation of operations

- Current and projected DTF amount though decommissioning

- DTF makeup (e.g. existing subaccounts, comingled funds, etc.)

- DFA history (e.g. large projected excess over time, past shortfalls, etc.)

Licensee Financial Status Factors -

- Licensee financial health

- Availability of rate collection (utility or merchant licensee) 7

Path Forward including Opportunity for Public Comment Draft Guidance

- Guidance on DTF use for MRC disposal during operation would best fit in RG 1.159, Assuring the Availability of Funds for Decommissioning Nuclear Reactors

- RG 1.159 unavailable for revision at this time

- NRC staff considers development of interim staff guidance (ISG) the most efficient and effective means to address the issue until RG 1.159 is available for revision

- NRC staff expects a draft ISG to be issued for public comment in late May

- NRC staff encourages public comments and recommendations on additional factors that would assist the NRC in assessing an exemption request 8

Questions?

9