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OGC-99-4 1 (1998-10-09)

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G   AO         United States
               General Accounting Office
               Washington, D.C. 20548

               Office of the General Counsel


               B-281132



               October 9, 1998

               The Honorable John H. Chafee
               Chairman
               The Honorable Max Baucus
               Ranking Minority Member
               Committee on Environment and Public Works
               United States Senate

               The Honorable Thomas J. Bliley, Jr.
               Chairman
               The Honorable John D. Dingell
               Ranking Minority Member
               Committee on Commerce
               House of Representatives

               Subject: Nuclear Regulatory Commission: Financial Assurance Requirements for
                         Decommissioning Nuclear Power Reactors

               Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on
               a major rule promulgated by the Nuclear Regulatory Commission (Commission),
               entitled Financial Assurance Requirements for Decommissioning Nuclear Power
               Reactors (RIN: 3150-AF41). We received the rule on September 24, 1998. It was
               published in the Federal Register as a final rule on September 22, 1998. 63 Fed.
               Reg. 50465.

               These amendments to the Commission's requirements for the financial de-
               commissioning of nuclear power plants respond to the potential rate deregulation in
               the power generating industry and allow a broader range of assurance mechanisms
               for reactor licensees who lose their ability to recover decommissioning costs
               through regulated rates and fees or other mandatory charges. The amendments
               also (1) define federal licensee and add several associated definitions, (2) add new
               reporting requirements pertaining to the use of prepayment and external sinking
               funds, (3) impose new reporting requirements for power reactor licensees on the
               status of decommissioning funding, and (4) permit power reactor licensees to take
               credit for certain earnings on decommissioning trust funds.


GAO/OGC-99-4

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