RS-19-102, Amended Nuclear Decommissioning Trust Agreements

Amended Nuclear Decommissioning Trust Agreements

ML19282A990
Person / Time
Site:	Dresden, Peach Bottom, Salem, Byron, Three Mile Island, Braidwood, Limerick, Clinton, Quad Cities, Zion, FitzPatrick, LaSalle
Issue date:	10/08/2019
From:	Simpson P Exelon Generation Co
To:	Document Control Desk, Office of Nuclear Material Safety and Safeguards, Office of Nuclear Reactor Regulation
References
RS-19-102
Download: ML19282A990 (7)

Text

Exelon Generation 4300 Winfield Road Warrenville, IL 60555 630 65 7 2000 Office RS-19-102 10 CFR 50.75 October 8, 2019 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001 Braidwood Station, Units 1 and 2 Renewed Facility Operating License Nos. NPF-72 and NPF-77 NRC Docket Nos. STN 50-456 and STN 50-457 Byron Station , Units 1 and 2 Renewed Facility Operating License Nos. NPF-37 and NPF-66 NRC Docket Nos. STN 50-454 and STN 50-455 Clinton Power Station, Unit 1 Facility Operating License No. NPF-62 NRC Docket No. 50-461 Dresden Nuclear Power Station , Units 1, 2 and 3 Facility Operating License No. DPR-2 Renewed Facility Operating License Nos. DPR-19 and DPR-25 NRC Docket Nos. 50-10. 50-237. and 50-249 James. A FitzPatrick Nuclear Power Plant Renewed Facility Operating License No. DPR-59 NRC Docket No. 50-333 LaSalle County Station , Units 1 and 2 Renewed Facility Operating License Nos. NPF-11 and NPF-18 NRC Docket Nos. 50-373 and 50-374 Limerick Generating Station , Units 1 and 2 Renewed Facility Operating License Nos. NPF-39 and NPF-85 NRC Docket Nos. 50-352 and 50-353 Peach Bottom Atomic Power Station, Units 1, 2, and 3 Facility Operating License No. DPR-12 Renewed Facility Operating License Nos. DPR-44 and DPR-56 NRC Docket Nos. 50-171. 50-277. and 50-278 Quad Cities Nuclear Power Station, Units 1 and 2 Renewed Facility Operating License Nos. DPR-29 and DPR-30 NRC Docket Nos. 50-254 and 50-265

October 8, 2019 U.S. Nuclear Regulatory Commission Page2 Salem Generating Station, Units 1 and 2 Renewed Facility Operating License Nos. DPR-70 and DPR-75 NRC Docket Nos. 50-272 and 50-311 Three Mile Island Nuclear Station, Unit 1 Renewed Facility Operating License No. DPR-50 NRC Docket No. 50-289 Zion Nuclear Power Station, Units 1 and 2 Facility Operating License Nos. DPR-39 and DPR-48 NRC Docket Nos. 50-295 and 50-304

Subject:

Amended Nuclear Decommissioning Trust Agreements

Reference:

Letter from P. R. Simpson (Exelon Generation Company, LLC) to U.S. NRC, "Proposed Change to Decommissioning Trust Agreements," dated August 15, 2019 In the Reference letter, Exelon Generation Company, LLC (EGC) provided written notification to the Director of the Office of Nuclear Reactor Regulation 30 days prior to amendments to the decommissioning trust agreements for the reactors listed above becoming effective.

EGC did not receive any written notice of objection from the NRC. Therefore, the amended agreements were effective on September 30, 2019, which was greater than 30 days following the date of the Reference letter. A copy of the executed amendment for the trust agreements is included as the Attachment to this letter.

There are no regulatory commitments contained within this letter.

If you have any questions concerning this letter, please contact Mrs. Linda Palutsis at (630) 657-2821.

R~

Patrick R. Simpson Sr. Manager Licensing Exelon Generation Company, LLC

Attachment:

Amendment No. 2 to Second Amended and Restated Qualified Nuclear Decommissioning Master Trust Agreement and Second Amended and Restated Nonqualified Nuclear Decommissioning Master Trust Agreement

October 8, 2019 U.S. Nuclear Regulatory Commission Page 3 cc: Director - NRC Office of Nuclear Reactor Regulation Regional Administrator - NRC Region I Regional Administrator- NRC Region Ill NRC Senior Resident Inspector- Braidwood Station NRC Senior Resident Inspector- Byron Station NRC Senior Resident Inspector - Clinton Power Station NRC Senior Resident Inspector - Dresden Nuclear Power Station NRC Senior Resident Inspector- James A. FitzPatrick Nuclear Power Station NRC Senior Resident Inspector- LaSalle County Station NRC Senior Resident Inspector - Limerick Generating Station NRC Senior Resident Inspector- Peach Bottom Atomic Power Station NRC Senior Resident Inspector- Quad Cities Nuclear Power Station NRC Senior Resident Inspector- Salem Generating Station NRC Senior Resident Inspector - Three Mile Island Nuclear Station

ATTACHMENT Amendment No. 2 to Second Amended and Restated Qualified Nuclear Decommissioning Master Trust Agreement and Second Amended and Restated Nonqualified Nuclear Decommissioning Master Trust Agreement

AMENDMENT NO. 2 to Second Amended and Restated Qualified Nuclear Decommissioning Master Trust Agreement dated as of July 1, 2013 between Exelon Generation Consolidation, LLC and The Northern Trust Company, as Trustee and Second Amended and Restated Nonqualified Nuclear Decommissioning Master Trust Agreement dated as of July 1, 2013 among Exelon Generation Consolidation, LLC (successor to the NQF Companies identified therein) and The Northern Trust Company, as Trustee THIS AMENDMENT NO. 2 (this Amendment") is made this 30111 day of September, 2019, between Exelon Generation Consolidation, LLC (ac; successor to Exelon Generation Consolidation, LLC, a Nevada limited liability company) ("Consolidation"), a limited liability company organized under the laws of the State of Illinois, and The Northern Trust Company, an Illinois state banldng corporation (the "Trustee");

WI T N E S S E T H:

WHEREAS, (i) Consolidation and the Trustee are parties to a Second Amended and Restated Qualified Nuclear Decommissioning Master Trnst Agreement dated as of July 1, 2013, as amended (the "Qualified Trust Agl'eement") and (ii) Consolidation and the Trustee are parties to a Second Amended and Restated Nonqualified Nuclear Decommissioning Master Trust Agreement dated as of July 1, 2013, as amended (the "Nonqualified Trust Agreement" and, together with the Qualified Trnst Agreement, the "Trust Agreements"); and WHEREAS, Consolidation has been reorganized as an lliinois limited liability company, at which time Consolidation's status as a Nevada limited liability company terminated and the support functions for Consolidation will transfer to its staff in lllinois; WHEREAS, the Trust Agreements refer to Consolidation as a Nevada limited liability company and the parties desire to amend the Trust Agreements with this Amendment No. 2 for the purposes of both Trnst Agreements; NOW, THEREFORE, the parties hereby agree as follows:

I. The Qualified Trust Agreement shall be amended in the introductory paragraph to change the effective date to September 30, 2019, and to replace "Nevada" with "Illinois," so that as amended the introductory paragraph will read as follows (deleted text is shown as stricken and added text is shown as underlined):

THIS SECOND AMENDED AND RESTATED QUALIFIED NUCLEAR DECOMMISIONING MASTER TRUST AGREEMENT (this "Agreement"),

effective this ht @ay ©f J.:1ly, 2Ql'.i 301h day of September, 2019 between Exelon Generation Consolidation, LLC ("Collsolidation."), a limited liability company organized under the laws of the State of 1'hwalalilinois, and The No1thern Trust Company, an lilinoi.s state banking corporation, as trustee (the "Trustee");

2. The Qualified Trust Agreement shall be amended in Section 5.02. Notices, m subparagraph (b), to change the mailing address of Consolidation as follows:

(b) If to Consolidation, to:

Exelon Generation Consolidation, LLC c/o Exelon Business Services Company Investment Office 10 South Dearborn Street - 52 11 d Floor Chicago, Illinois 60603 Attn: Managing Director Investment Operations Fax: (312)394-2355 E-mail: elizabeth.hl inak @cxcloncorp.com

3. The Nonqualified Trust Agreement shall be amended in the introductory paragraph to change the effective date to September 30, 2019, and to refer to Exelon G~neration Consolidation, LLC, an Illinois limited liability company, in place of the NQF Companies, so that as amended the introductory pmagraph will read as follows (deleted text is shown as stricken and added text is shown as underlined):

TlilS SECOND AMENDED AND RESTATED NONQUALIFIED NUCLEAR DECOMMISSIONING MASTER TRUST AGREEMENT (the "Agreement") , effective this lst day ©fJtdy, '1Q-H-30th day of September, 2019 itflllft§ 1'00 ~i;mitgfl liooility s01"MpaRh~s ©rgMili!ieti aAl!I enisoog Mttdin* ~8 lWYvs ©f Hu~ State 8f Nl¥8SB:, ideHfilfige SR e8h@dule A (lellestively, IB0 <C~/ftF ~lnpJMies")between Exelon Generation Consolldation, LLC ("Consolidation"), a limited liability company organized under the laws of the State of Illinois, and The Northern Trust Company, an Illinois state banking corporation, as trustee (the "Trustee");

References in the Nonqualified Trust Agreement to "NQF Company" or "NQF Companies" shall mean Exelon Generation Consolidation, ILC, an Illinois limited liability company.

4. The Nonqualified Trust Agreement shall be amended in Section 5.02. Notices, in subparagraph (b), to change the mailing address of Consolidation as follows:

Amendment No. 2 to Trust Funds Page 2 eDocs #46949&4

(b) If to Consolidation, to:

Exelon Generation Consolidation, LLC c/o Exelon Business Services Company Investment Office 10 South Dearborn Street - 52nd Floor Chicago, Illinois 60603 Attn: Managing Director Investment Operations Fax: (312)394-2355 E-mail: el izabeth.hl i nak @exe lonco rp .com

5. As so amended, the Trust Agreements are ratified and confirmed as being in all respects in full force and effect.

6. This Amendment shall be governed by, and construed and enforced in accordance with, the laws of Illinois.

7. This Amendment may be executed in counterparts, each of which shall constitute an original, but all of which when taken together shall constitute a single agreement. Delivery of an executed counterpart of a signature page of this Amendment by telecopy or electronic transmission (including as a pdf attachment to an e-mail) shall be effective as delivery of a manually executed counterpart of this Amendment.

IN WITNESS WHEREOF, the parties have caused this Amendment to be signed by their duly authorized representatives as of the day and year first above written.

EXEL;; GE~~/N CONSOLIDATION, LLC By {)UJIf!t:Jv--- =

Name: Carol R. Peterson

Title:

President THE NORTHERN TRUST COMPANY

Title:

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Amendment No. 2 to Trust Funds Page 3 eDocs #4694984