ML21089A076

The Nuclear Regulatory Commissions Analysis of Nebraska Public Power Districts Initial and Updated Decommissioning Funding Plans for the Cooper Nuclear Station Independent Spent Fuel Storage Installation

ML21089A076
Person / Time
Site:	Cooper
Issue date:	05/20/2021
From:	John Mckirgan Storage and Transportation Licensing Branch
To:	Dent J Nebraska Public Power District (NPPD)
WCAllen - NMSS/DFM/STL - 301.415.6877
References
CAC 001028, EPID L-2017-FPR-0018
Download: ML21089A076 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 May 20, 2021 Mr. John Dent, Jr.

Vice President and CNO Nebraska Public Power District Cooper Nuclear Station 72676 648A Avenue P.O. Box 98 Brownville, NE 68321

SUBJECT:

U.S. NUCLEAR REGULATORY COMMISSION ANALYSIS OF NEBRASKA PUBLIC POWER DISTRICTS INITIAL AND UPDATED DECOMMISSIONING FUNDING PLANS FOR THE COOPER NUCLEAR STATION INDEPENDENT SPENT FUEL STORAGE INSTALLATION

Dear Mr. Dent:

By letter dated December 17, 2012, Nebraska Public Power District (NPPD) submitted, for U.S.

Nuclear Regulatory Commission (NRC) staff review and approval, an initial decommissioning funding plan (DFP) for the independent spent fuel storage installation (ISFSI) at Cooper Nuclear Station (Cooper) (Agencywide Documents Access and Management System (ADAMS)

Accession No. ML12354A216).

By letter dated December 17, 2015, NPPD submitted, for NRC staff review and approval, an updated decommissioning fund plan (DFP Update) for the Cooper ISFSI (ADAMS Accession No. ML16014A382).

In accordance with Title 10 of the Code of Federal Regulations (10 CFR), Sections 72.30(b) and (c), and using NUREG-1757, Vol. 3, Rev. 1, Consolidated Decommissioning Guidance, the NRC staff reviewed NPPDs initial and updated DFPs, including the initial and updated decommissioning cost estimates (DCEs) and the method of assuring funds for decommissioning.

Pursuant to 10 CFR 72.30(b), each holder of, or applicant for, a license under Part 72 must submit for NRC review and approval a DFP containing information on how reasonable assurance will be provided that funds will be available to decommission its ISFSI. The DFP must contain a detailed decommissioning cost estimate (DCE), in an amount reflecting: (1) the cost of an independent contractor to perform all decommissioning activities, (2) an adequate contingency factor, and (3) the cost of meeting the 10 CFR 20.1402 unrestricted use criteria (or the cost of meeting the 10 CFR 20.1403 restricted use criteria, provided the licensee can demonstrate its ability to meet these criteria). The licensees DFP must also identify and justify using the key assumptions contained in the DCE. Further, the DFP must describe the method of assuring funds for ISFSI decommissioning, including means for adjusting cost estimates and associated funding levels periodically over the life of the ISFSI. Additionally, the DFP must specify the volume of onsite subsurface material containing residual radioactivity that will require remediation to meet the criteria for license termination and contain a certification that financial assurance for ISFSI decommissioning has been provided in the amount of the DCE.

The NRC staff reviewed and analyzed the information submitted by NPPD on how reasonable assurance will be provided that funds will be available to decommission the ISFSI, including the amount of the DCE and the method of assuring funds for decommissioning.

In its 2012 initial DFP, NPPD estimated that the total cost to decommission the ISFSI for unrestricted use, in 2012 dollars. The DEC provided for Cooper was $3,702,000.

Based on its financial analysis of NPPDs submittals, the NRC staff finds that the DCE submitted for 2012: (1) is based on reasonable costs of a third party contractor; (2) includes an adequate contingency factor; (3) reflects the cost of meeting the 10 CFR 20.1402 criteria for unrestricted use; and (4) is based on reasonable and documented assumptions. Therefore, the NRC finds that the 2012 DCE adequately estimate the cost to carry out required ISFSI decommissioning activities prior to license termination, and that the DCE is acceptable.

In the initial DFP, NPPD relied on excess funding from the decommissioning trust fund for Cooper as financial assurance for ISFSI decommissioning, a method authorized by 10 CFR 50.75(e) which is allowed under 10 CFR 72.30(e)(5). This is allowed because the Cooper ISFSI belongs to a licensee with a power reactor license under part 50. The trust fund balances account for the 10 CFR Part 50 license expiration dates and the ISFSI DCEs assume all costs incurred following the year in which spent fuel has been fully removed from the ISFSI. The NRC staff finds that the aggregate dollar amount of the licensees financial instrument provides adequate financial assurance to cover its cost estimate, and therefore, that this financial instrument is acceptable.

Based on its financial analyses, the NRC staff finds that the initial DFP contains the information required by 10 CFR 72.30(b) and that NPPD has provided reasonable assurance that funds will be available to decommission the ISFSI at Cooper.

Pursuant to 10 CFR 72.30(c), at the time of license renewal and at intervals not to exceed 3 years, the decommissioning funding plan (DFP) required by 10 CFR 72.30(b) must be resubmitted with adjustments as necessary to account for changes in costs and the extent of contamination in an (updated DFP). The updated DFP must update the information submitted with the original or prior approved plan. In addition, the DFP must also specifically consider the effect of the following events on decommissioning costs, as required by 10 CFR 72.30(c)(1)-(4):

(1) spills of radioactive material producing additional residual radioactivity in onsite subsurface material, (2) facility modifications, (3) changes in authorized possession limits, and (4) actual remediation costs that exceed the previous cost estimate.

In its 2015 updated DFP, NPPD provided estimates of the total cost to decommission the ISFSI at Cooper for unrestricted use in 2015 dollars. NPPD estimated that the total cost to decommission the ISFSI at Cooper is $6.1 million.

NPPDs updated DCE and its April 11, 2018, RAI response (ADAMS Accession No. ML18110A103) provided narratives on each of the requirements of 10 CFR 72.30(c)(1)-(4).

Specifically, the licensee explained there were no changes in the factors listed in 10 CFR 72.30(c)(1)-(4). Based on its review of NPPDs 2015 submittal and the 2018 supplement, the NRC staff finds that the updated DCEs: are based on reasonable costs of a third-party contractor; include an adequate contingency factor; reflect the cost of meeting the 10 CFR 20.1402 criteria for unrestricted use; and are based on reasonable and documented assumptions. Therefore, the NRC staff finds that the 2015 updated DCEs adequately estimate

the cost, at this time, to carry out required ISFSI decommissioning activities prior to license termination, and that the DCEs are reasonable.

In the updated DFPs for the Cooper ISFSI, NPPD relied on excess funds from its decommissioning trust fund as financial assurance for its ISFSI decommissioning, a method authorized by 10 CFR 50.75(e)(1)(ii) which is allowed under 10 CFR 72.30(e)(5). This is allowed because the Cooper ISFSI belongs to a licensee with a power reactor license under part 50. The trust fund balances account for the 10 CFR Part 50 license expiration dates and the ISFSI DCEs assume all costs incurred following the year in which spent fuel has been fully removed from the ISFSI. The NRC staff reviewed the licensees updated DFP and finds that the aggregate dollar amount of the licensees financial instrument provides adequate financial assurance to cover its cost estimates. Therefore, the NRC staff finds this financial instrument is acceptable.

The NRC staff reviewed NPPDs updated DFP submissions, including the updated DCEs and the method of assuring funds for decommissioning, in accordance with 10 CFR 72.30(c) and NUREG-1757, Vol. 3, Rev. 1, Consolidated Decommissioning Guidance. Based on its review, the NRC staff finds that the updated DFPs contain the information required by 10 CFR 72.30(c).

The NRC staff finds that NPPD provided reasonable assurance that funds will be available to decommission the ISFSI at Cooper.

In addition to the NRC staffs analysis of NPPDs initial and updated DFPs, the NRC staff completed an environmental review. The NRC staff published a summary of the results of the environmental review in the Federal Register in May 2020. The environmental assessment and finding of no significant impact and related documents for this ISFSI is available in https://www.regulations.gov under the Docket ID: NRC-2021-0093. The NRC staff determined there were no environmental impacts from the NRC staffs review and approval of NPPDs initial and updated DFPs.

If you have any questions regarding this matter, please contact me at (301) 415-5722 or John.McKirgan@nrc.gov Sincerely, John B. McKirgan, Chief Storage and Transportation Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards Docket No.: 72-66 License No.: SFGL-42 CAC No.: 001028 EPID No.: L-2017-FPR-0018 John B.

McKirgan Digitally signed by John B.

McKirgan Date: 2021.05.20 10:24:42

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ML21089A076

• via email OFFICE NMSS/DFM NMSS/DFM OGC (NLO)

NMSS/DFM/STLB NAME CAllen WWheatley*

NMertz JMcKirgan*

DATE 4/07/2021 4/07/2021 5/13/2021 5/20/2021