ML083180118
| ML083180118 | |
| Person / Time | |
|---|---|
| Issue date: | 11/18/2008 |
| From: | Mcginty T Division of Policy and Rulemaking |
| To: | |
| Aaron Szabo, 415-1985 | |
| References | |
| RIS-01-007, Rev 1, DRF | |
| Download: ML083180118 (4) | |
See also: RIS 2001-07
Text
UNITED STATES
NUCLEAR REGULATORY COMMISSION
OFFICE OF NUCLEAR REACTOR REGULATION
WASHINGTON, DC 20555-0001
DRAFT, 2008
NRC REGULATORY ISSUE SUMMARY 2001-07, REV. 1
10 CFR 50.75 REPORTING AND RECORDKEEPING FOR
DECOMMISSIONING PLANNING
ADDRESSEES
All holders of operating licenses and combined licenses for nuclear power reactors.
INTENT
The U.S. Nuclear Regulatory Commission (NRC) is issuing this regulatory issue summary (RIS)
to clarify the reporting requirements of 10 CFR 50.75(f)(1) and 50.75(f)(2), Reporting and
Recordkeeping for Decommissioning Planning, regarding the status of decommissioning
funding assurance.
In 1999, some licensees reporting under 10 CFR 50.75(f) did not distinguish between estimates
of costs to complete decommissioning required by the NRC (radiological decommissioning) and
other costs associated with cleaning up the site. The NRC staff is issuing this RIS to clarify for
licensees the need to preserve the distinction between radiological decommissioning cost
estimates and all other decommissioning cost estimates in the reports they must submit in
accordance with 10 CFR 50.75.
Recently, the NRC staff has learned that some licensees also reporting under 10 CFR 50.75(f)
have provided figures for the accumulation of decommissioning funds that included funds
accumulated for purposes other than to meet the NRCs decommissioning requirements.
Therefore, the staff is also issuing this RIS to clarify for licensees the need to preserve the
distinction between funds accumulated for radiological decommissioning, which licensees are
required to report, and funds accumulated for other purposes.
BACKGROUND INFORMATION
Subsections 50.75(f)(1) and 50.75(f)(2) of Title 10 of the Code of Federal Regulations require
power reactor licensees to report decommissioning funding assurance information to the NRC
at least once every 2 years. The NRC received the first reports on March 31, 1999. Required
information includes:
(1) the amount of decommissioning funds estimated to be required pursuant to 10 CFR
50.75(b) and (c);
(2) the amount of funds for radiological decommissioning accumulated to the end of the
calendar year preceding the date of the report;
(3) a schedule of the annual amounts remaining to be collected
RIS 2001-07, Rev. 1
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(4) the assumptions used in determining rates of escalation in decommissioning costs, rates
of earnings on decommissioning funds, and rates of other factors used in funding
projections;
(5) any contracts upon which the licensee is relying pursuant to 10 CFR 50.75(e)(1)(v);
(6) any modifications occurring to a licensees current method of providing financial
assurance since the last submitted report; and
(7) any material changes to trust agreements.
Licensees must estimate the minimum funding needed for radiological decommissioning by
using the formulas included in 10 CFR 50.75(c). As an alternative, licensees may also use a
site-specific methodology to determine the funding needed, provided that amount is greater than
the decommissioning cost estimate using the 10 CFR 50.75(c) formulas. As stated above,
some licensees reporting under 10 CFR 50.75(f) did not distinguish between estimates of costs
for radiological decommissioning and other costs associated with cleaning up the site. The
NRC staff is issuing this RIS to clarify for licensees the need to preserve the distinction between
radiological decommissioning cost estimates and all other decommissioning cost estimates in
the reports they must submit in accordance with 10 CFR 50.75.
The NRC has not precluded the commingling in a single account of funds accumulated to
comply with NRC radiological decommissioning requirements and funds accumulated to
address State site restoration costs (State costs) and spent fuel management costs, as long as
the licensee is able to identify and account for the NRC radiological decommissioning funds that
are contained within its single account. However, NRC staff has learned that some licensees, in
response to the requirement that they report the amount of decommissioning funds
accumulated to the end of the calendar year preceding the date of the report, have reported as
part of that amount funds accumulated to address State costs and spent fuel management
costs. Accordingly, NRC staff is clarifying for licensees the need to report radiological
decommissioning fund balances that are distinct from amounts accumulated for other purposes,
such as paying for State costs and spent fuel management.
SUMMARY OF ISSUE
Costs Reported
In reporting the status of decommissioning funding assurance, licensees are required to report
the cost of radiological decommissioning, using the amount derived from the formulas or a site-
specific cost estimate if higher than the amount derived from the formulas. Some licensees
have reported cost estimates that included additional costs, such as State costs, that are not
required by the NRC. To assist the NRC staff in the analysis of decommissioning costs, it would
significantly improve the analysis if licensees provided, in addition to the radiological cost
estimate required to be reported by 10 CFR 50.75, (1) the current site-specific cost estimate for
radiological decommissioning, and (2) a current separate estimate of State costs, and (3) a
current separate estimate of spent fuel management costs.
Accumulated Funds Reported
Licensees are required to report the amount of funds accumulated to the end of the calendar
year preceding the date of the report to pay for radiological decommissioning. Funds
accumulated to pay for State costs and spent fuel management costs are not to be included in
the reported amount of radiological decommissioning funds accumulated. The NRCs analysis
RIS 2001-07, Rev. 1
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of each licensees decommissioning funding assurance being provided would be more complete
and transparent for stakeholders if licensees provided, in addition to the amount of funds
accumulated to pay for radiological decommissioning required by 10 CFR 50.75, (1) the amount
of funds accumulated to pay for State costs, and (2) the amount of funds accumulated to pay for
spent fuel management costs, and (3) whether such amounts are commingled with funds
accumulated to pay for radiological decommissioning, and (4) what amount of funds
accumulated to pay for State costs or spent fuel management costs are available for
radiological decommissioning without prior approval by a State regulatory authority and not
subject to disapproval for radiological decommissioning use by a State regulatory authority.
BACKFIT DISCUSSION
This RIS provides regulatory clarification and does not represent a new or different staff position
regarding the implementation of 10 CFR 50.75. It requires no action or written response beyond
what is required in 10 CFR 50.75. Any action by addressees to implement changes to their
reporting procedures in accordance with the clarifications in this RIS is strictly voluntary,
ensures compliance with current regulations, and therefore, is not a backfit under
10 CFR 50.109, Backfitting. This RIS requests the voluntary submittal of additional
information to assist the NRC in analyzing licensees financial commitments for
decommissioning. Any response to this request for additional information is strictly voluntary.
Consequently, the NRC staff did not perform a backfit analysis.
FEDERAL REGISTER NOTIFICATION
A notice of opportunity for public comment was not published in the Federal Register because
this RIS is informational and does not represent a departure from current regulatory
requirements. However, the NRC posted this RIS on the NRC Public Web site for comment
from November 19 through December 1, 2008. These comments will be considered before the
issuance of this RIS.
PAPERWORK REDUCTION ACT STATEMENT
This RIS does not contain any new information collection requirements, and therefore is not
subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
The information collection requirements referenced under 10 CFR 50.75 were approved by the
Office of Management and Budget (OMB) approval number 3150-0011. This RIS requires no
specific action or written response.
RIS 2001-07, Rev. 1
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PUBLIC PROTECTION NOTIFICATION
The NRC may not conduct or sponsor, and a person is not required to respond to, a request for
information or an information collection requirement unless the requesting document displays a
currently valid OMB control number.
If you have any questions about this regulatory issue summary, please contact the person listed
below or the Office of Nuclear Reactor Regulation project manager for your specific nuclear
power plant.
Timothy McGinty, Director
Division of Policy and Rulemaking
Office of Nuclear Reactor Regulation
CONTACT: Michael A. Dusaniwskyj
301-415-1260
E-mail: Michael.Dusaniwskyj@nrc.gov