DCL-23-105, Pre-Notice of Disbursement from Nonqualified Decommissioning Trust
| ML23291A169 | |
| Person / Time | |
|---|---|
| Site: | Diablo Canyon  |
| Issue date: | 10/18/2023 |
| From: | Zawalick M Pacific Gas & Electric Co |
| To: | Office of Nuclear Reactor Regulation, Document Control Desk |
| References | |
| DCL-23-105 | |
| Download: ML23291A169 (1) | |
Text
Maureen R. Zawalick Vice President Business and Technical Services Diablo Canyon Power Plant P.O. Box 56 Avila Beach, CA 93424 805.545.4242 Maureen.Zawalick@pge.com A member of the STARS Alliance Callaway Diablo Canyon Palo Verde Wolf Creek PG&E Letter DCL-23-105 ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Docket No. 50-275, OL-DPR-80 Docket No. 50-323, OL-DPR-82 Diablo Canyon Units 1 and 2 Pre-Notice of Disbursement from Nonqualified Decommissioning Trust
Reference:
- 1. PG&E Letter DCL-23-023, Decommissioning Funding Report for Diablo Canyon Power Plant, Units 1 and 2, dated March 28, 2023 (ML23087A117)
Dear Sir or Madam:
In accordance with 10 CFR 50.75 (h) and Article 8, Section 8.131 of the Nonqualified Master Decommissioning Trust Agreement by and between Pacific Gas and Electric Company (PG&E) and The Bank of New York Mellon, successor by operation of law to Mellon Bank, N.A. as Trustee, this letter provides the Nuclear Regulatory Commission (NRC) written notification of PG&E's intent to take a disbursement from the Nonqualified Trust (NQT) in the amount of approximately $83.6 million,2 for return to PG&E customers by January 1, 2024. This disbursement is to be made at the direction of the California Public Utilities Commission (CPUC), which in a recent decision directed PG&E to return to PG&Es customers funds deposited in the NQT for Diablo Canyon Power Plant (DCPP). Specifically, in Decision 23-09-004, the CPUC directed PG&E to refund the NQT funds to customers no later than January 1, 2024, by filing a Tier 2 advice letter within 60 days of the adoption of this decision.3 1 Article 8, Section 8.13 provides:
Notwithstanding anything to the contrary contained in the Agreement, except for withdrawals made pursuant to 10 CFR 50.82(a)(8) and for payments of administrative costs (including taxes) and other incidental expenses of the Funds (including legal, accounting, actuarial and Trustee expenses) in connection with the operation of the Funds, no disbursements or payments shall be made by the Trustee: 1) unless 30 working days prior written notice of such disbursement or payment has been made to the Nuclear Regulatory Commission, or 2) if the Trustee receives written notice of an objection from the Director of either the Office of Nuclear Material Safety and Safeguards or the Director of Nuclear Reactor Regulation.
2 DCPP portion of NQ trust funds as of 09/30/2023. Disbursement amount may slightly vary due to additional investment interest earned from 09/30/2023 to disbursement date.
3 Decision 23-09-004, Conclusion of Law 9 and Ordering Paragraph 4.
Pacific Gas anti Eler:mr: Company*
Document Control Desk Page 2 PG&E Letter DCL-23-105 A member of the STARS Alliance Callaway Diablo Canyon Palo Verde Wolf Creek The amounts contributed to the DCPP NQT were all contributed to the NQT in 2022. As shown in Reference 1, PG&E has never relied upon or included the DCPP NQT to demonstrate sufficient funding for decommissioning DCPP in its Assurance of Funding submittals to the NRC.
The disbursement from the NQT will be made 30 working days after the date of this letter unless PG&E or the Trustee receives prior written notice of objection from the NRC Director of the Office of Nuclear Material and Safeguards or the Director of the Office of Nuclear Reactor Regulation.
PG&E makes no new or revised regulatory commitments (as defined by NEI 99-04) in this letter.
If you have any questions in regard to this document, please contact Mr. Nathan Wahl at (805) 545-4236.
Sincerely, Maureen R. Zawalick Vice President Generation Business and Technical Services Date cc:
Mahdi O. Hayes, NRC Senior Resident Inspector Samson S. Lee, NRC Senior Project Manager John D. Monninger, NRC Acting Region IV Administrator John-Chau N. Nguyen, NRC, Nuclear Material Safety and Safeguards Diablo Distribution 10-18-23