ML103010316

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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 Constellation icon.png
Issue date: 11/09/2010
From: Miller C L
NRC/FSME
To: Epstein E J
- No Known Affiliation
John Buckley 415-6607
Shared Package
ML103010346 List:
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 Commission's 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-2's (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 FirstEnergy's 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 PRB's 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 Commission's 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-2's (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 FirstEnergy's 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 PRB's 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 LCamper) PTressler CMiller 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 cc: Mr. James H. Lash President & Chief Nuclear Officer FirstEnergy Corporation 76 South Main Street Akron, OH 44308 Mr. Eric Epstein EFMR Monitoring Group 4100 Hillsdale Road Harrisburg, PA 17112 Mr. Wythe Keever The Patriot 812 Market Street Harrisburg, PA 17105 U.S. Environmental Protection Agency Region III Office ATTN: Mr. B. Hoffman EIS Coordinator 3ES30 1650 Arch Street Philadelphia, PA 17103

Ms. Jane Lee 183 Valley Road Etters, PA 17319 Mr. Walter W. Cohen, Consumer Advocate Department of Justice Strawberry Square, 14 th Floor Harrisburg, PA 17127 Mr. Mark E. Ford Manager PDMS Exelon Generation Company LLC P.O. Box 480 Middletown, PA 17057 Mr. Jerome Boyd PDMS Supervisor Exelon Generation Company LLC P.O. Box 480 Middletown, PA 17057 Mr. Bill Noll Site Vice President, TMI-1 Exelon Generation Company LLC P.O. Box 480 Middletown, PA 17057 Mr. David W. Jenkins, Esq. First Energy Legal Department 76 South Main St. Akron, OH 44308

Chairperson Dauphin County Board of Commissioners Dauphin County Courthouse Front and Market Streets Harrisburg, PA 17120

Mr. Ad Crable Lancaster New Era 8 West King Street Lancaster, PA 17601 Director Bureau of Radiation Protection Department of Environmental Protection 13 th Floor, Rachel Carson State Office Bldg. P. O. Box 8469 Harrisburg, PA 17105-8469

Senior Resident Inspector (TMI-1) U.S. Nuclear Regulatory Commission P.O. Box 311 Middletown, PA 17057

Dr. Judith H. Johnsrud Environmental Coalition on Nuclear Power 433 Orlando Avenue State College, PA 16803-3477

Mr. Dave Atherholt Site Regulatory Assurance Manager, TMI-1 Exelon Generation Company LLC P. O. Box 480 Middletown, PA 17057 Mrs. Karen Fili Vice President GPU Nuclear Fleet Oversight 76 South Main Street Akron, OH 44308

Mr. Michael J. Casey GPU Nuclear Responsible Engineer TMI-2 FirstEnergy Nuclear Operating Company Mail Stop: A-GO-14 76 South Main Street Akron, OH 44308 Enclosure 2

Public Petition Process ML050900248