ML13154A196

Letter to Rielly, Vista 360, Regarding Zion Indirect License Transfer

ML13154A196
Person / Time
Site:	Zion  File:ZionSolutions icon.png
Issue date:	06/13/2013
From:	Persinko A NRC/FSME/DWMEP/DURLD
To:	Rielly T Vista 360
Hickman J
References
FSME-2013-A-0008
Download: ML13154A196 (2)

Text

June 13, 2013 Tom Rielly, Executive Principal Vista 360° 649 Innsbruck Libertyville, IL 60048

SUBJECT:

REQUEST FOR APPROVAL OF INDIRECT TRANSFER OF CONTROL OF LICENSES FOR ZION NUCLEAR POWER STATION, UNITS 1 AND 2

Dear Mr. Rielly:

I am responding to your letter of March 28, 2013, in which you stated that Zion Solutions LLC (ZS), made a material misstatement of fact in their application for approval of an indirect transfer of control of the licenses for Zion Nuclear Power Station, Units 1 and 2. Specifically, you take exception to the use of the word access, in the following statement in the application:

"In addition to the trust funds, ZS has access to other financial assurance mechanisms, including the irrevocable LOC [letter of credit] in the amount of $200 million."

We have reviewed the issue you raised. The staff understands that Exelon determines when the LOC is drawn upon, the LOC pays to the Backup Decommissioning Trust Fund (BDTF), and the BDTF may be used to pay for decommissioning work performed by ZS. The staff determined that the use of the word access did not mean that ZS had control of the LOC funds and that the availability of the funds is made clear in the LOC documentation included with the application.

If you have any questions, please contact John Hickman at (301) 415-3017 or john.hickman@nrc.gov.

Sincerely,

/RA/

Andrew Persinko, Director Decommissioning and Uranium Recovery Licensing Directorate Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs Docket Nos. 50-295 & 50-304 License Nos. DPR-39 & DPR-48

Tom Rielly, Executive Principal Vista 360° 649 Innsbruck Libertyville, IL 60048

SUBJECT:

REQUEST FOR APPROVAL OF INDIRECT TRANSFER OF CONTROL OF LICENSES FOR ZION NUCLEAR POWER STATION, UNITS 1 AND 2

Dear Mr. Rielly:

I am responding to your letter of March 28, 2013, in which you stated that Zion Solutions LLC (ZS), made a material misstatement of fact in their application for approval of an indirect transfer of control of the licenses for Zion Nuclear Power Station, Units 1 and 2. Specifically, you take exception to the use of the word access, in the following statement in the application:

"In addition to the trust funds, ZS has access to other financial assurance mechanisms, including the irrevocable LOC [letter of credit] in the amount of $200 million."

We have reviewed the issue you raised. The staff understands that Exelon determines when the LOC is drawn upon, the LOC pays to the Backup Decommissioning Trust Fund (BDTF), and the BDTF may be used to pay for decommissioning work performed by ZS. The staff determined that the use of the word access did not mean that ZS had control of the LOC funds and that the availability of the funds is made clear in the LOC documentation included with the application.

If you have any questions, please contact John Hickman at (301) 415-3017 or john.hickman@nrc.gov.

Sincerely, Andrew Persinko, Director Decommissioning and Uranium Recovery Licensing Directorate Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs Docket Nos. 50-295 & 50-304 License Nos. DPR-39 & DPR-48 Distribution: OGC ROrlikowski, RIII ML13154A196 OFFICE RDB/PM DWMEP/LA RDB/BC FSME DWMEP/DD NAME JHickman SAchten BWatson TPowell APersinko DATE 6/12/2013 6/04/2013 6/04/2013 6/05/2013 6/13/2013 OFFICIAL RECORD COPY