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February 9, 2000
COMMISSION VOTING RECORD
| DECISION ITEM: | SECY-00-0002 |
| TITLE: | PART 50 RULEMAKING PLAN FOR DECOMMISSIONING TRUST PROVISIONS |
The Commission (with all Commissioners agreeing) approved the subject paper as recorded in the Staff Requirements Memorandum (SRM) of February 9, 2000.
This Record contains a summary of voting on this matter together with the individual vote sheets and the SRM of February 9, 2000.
| ___________________________ Annette Vietti-Cook Secretary of the Commission |
| Attachments: | 1. Voting Summary 2. Commissioner Vote Sheets 3. Final SRM |
| cc: | Chairman Meserve Commissioner Dicus Commissioner Diaz Commissioner McGaffigan Commissioner Merrifield OGC EDO PDR DCS |
VOTING SUMMARY - SECY-00-0002
RECORDED VOTES
| APRVD | DISAPRVD | ABSTAIN | NOT PARTICIP |
COMMENTS | DATE | |
|---|---|---|---|---|---|---|
| CHRM. MESERVE | X | X | 1/18/00 | |||
| COMR. DICUS | X | 1/24/00 | ||||
| COMR. DIAZ | X | 1/18/00 | ||||
| COMR. McGAFFIGAN | X | 1/21/00 | ||||
| COMR. MERRIFIELD | X | 1/18/00 |
COMMENT RESOLUTION
In their vote sheets, all Commissioners approved the staff's recommendation and Chairman Meserve provided some additional comments. Subsequently, the comments of the Commission were incorporated into the guidance to staff as reflected in the SRM issued on February 9, 2000.
I note that trust agreements are not subject to formal NRC review and approval and that only changes that the licensee deems to be material are reported to the Commission in the biennial decommissioning fund status report (10 CFR 50.75(f)(1). Under these circumstances, in order to avoid unfortunate surprises, I believe that any specific trust fund terms and conditions necessary to protect the funds fully should be set out in the rule itself, not in the regulatory guide. Sample language for trust agreements consistent with the terms and conditions within the rule may be provided within the associated regulatory guide.