NOC-AE-12002938, Notice Regarding Withdrawal of Funds from Nuclear Decommissioning Trust Subaccounts

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Notice Regarding Withdrawal of Funds from Nuclear Decommissioning Trust Subaccounts
ML12359A065
Person / Time
Site: South Texas  STP Nuclear Operating Company icon.png
Issue date: 12/12/2012
From: Harrison G
South Texas
To:
Document Control Desk, Office of Nuclear Reactor Regulation
References
NOC-AE-12002938
Download: ML12359A065 (3)


Text

Nuclear Operating Company South Tews Pro/ectElectric GeneratingStation P.O Box 289 Wadsworth, Texas 77483 ,

December 12, 2012 NOC-AE-12002938 File No.: D57, G25 10 CFR 50.75(h)

STI: 33634732 Attention: Document Control Desk U. S. Nuclear Regulatory Commission Washington, DC 20555-0001 South Texas Project Units 1 and 2 Docket Nos. STN 50-498 and STN 50-499 Notice Regarding Withdrawal of Funds from Nuclear Decommissioning Trust Subaccounts Reference(s): (1) Letter from George R. Harrison to NRC Document Control Desk, "Supplement 2 to Notice Regarding Withdrawal of Funds from Nuclear Decommissioning Trust Subaccounts (TAC ME0938/ME0939)," dated February 11, 2010 (NOC-AE-10002519) (ML100501159)

(2) Letter from Joseph G. Giitter to Edward D. Halpin, "South Texas Project, Units 1 and 2, Notice of Planned Withdrawal of Funds from NRG South Texas Nuclear Decommissioning Trust Fund Subaccounts (TAC NOS.

ME3296 and ME3297)," dated July 6, 2010 (ML101580250)

STP Nuclear Operating Company (STPNOC), acting on behalf of NRG South Texas LP (NRG South Texas), hereby provides Notice of planned withdrawals of up to $10 million from NRG South Texas's spent fuel management subaccounts in its nuclear decommissioning trust funds (NDTs) in order to pay for NRG South Texas's share of spent fuel management expenses incurred through December 31, 2013.

In accordance with conditions imposed by prior Order of the U.S. Nuclear Regulatory Commission (NRC), Section 2.04 of the trust agreements governing the NRG South Texas NDTs requires that Notice be provided to the NRC at least thirty days prior to any disbursement from the NDTs, other than disbursements to pay administrative costs. NRG South Texas created the spent fuel management subaccounts pursuant to the terms of an Order issued by the Public Utility Commission of Texas on October 10, 2008. Further details regarding the spent fuel management subaccounts were provided in Reference 1, and these subaccounts were evaluated by the NRC staff in Reference 2, in connection with a prior Notice of planned withdrawals from NRG South Texas's large component disposal subaccounts.

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NOC-AE-12002938 Page 2 of 3 NRG South Texas LP now desires to withdraw funds to pay for spent fuel management expenses. Notice is hereby given that monthly or quarterly withdrawals are planned in order to fund the spent fuel management expenses incurred through end of 2013. NRG South Texas currently expects to make withdrawals on a quarterly basis, and therefore, its first withdrawal is expected to be made in April 2013, with subsequent withdrawals to follow in July 2013, October 2013 and January 2014.

STPNOC plans to give further annual Notices to NRC regarding planned withdrawals for spent fuel management expenses incurred in 2014 and other future years. The proposed amounts of withdrawals will likely vary from year to year, due to a variety of factors such as annual fluctuations in expenses, the expected recoveries of certain costs from the U.S. Department of Energy (DOE), and the timing of payments made by DOE, which are expected to provide a further source of funding for ongoing spent fuel management activities.

Provided that the NRC staff has no objection to the planned withdrawals, no further action by the NRC is required. Under the terms of the trust agreements, NRG South Texas will be authorized to make such withdrawals unless the NRC staff makes a written objection to the Trustee within 30 days after this Notice or prior to any actual disbursement.

This letter contains no new commitments.

If NRC requires additional information concerning this request, please contact Jamie Paul at (361) 972-7344 or me at (361) 972-8074.

George R. Harrison General Manager Finance and Accounting

NOC-AE-12002938 Page 3 of 3 cc:

(paper copy) (electronic copy)

Regional Administrator, Region IV A. H. Gutterman, Esquire U. S. Nuclear Regulatory Commission Morgan, Lewis & Bockius LLP 1600 East Lamar Boulevard Arlington, TX 76011-4511 Balwant K. Singal U. S. Nuclear Regulatory Commission Balwant K. Singal Senior Project Manager John Ragan U.S. Nuclear Regulatory Commission Chris O'Hara One White Flint North (MS 8 B1) Jim von Suskil 11555 Rockville Pike NRG South Texas LP Rockville, MD 20852 Kevin Polio Senior Resident Inspector Richard Pena U. S. Nuclear Regulatory Commission City Public Service P. 0. Box 289, Mail Code: MN116 Wadsworth, TX 77483 Peter Nemeth Crain Caton & James, P.C.

C. M. Canady City of Austin C. Mele Electric Utility Department City of Austin 721 Barton Springs Road Austin, TX 78704 Richard A. Ratliff Texas Department of State Health Services Alice Rogers Texas Department of State Health Services