[Federal Register Volume 75, Number 224 (Monday, November 22, 2010)]
[Pages 71154-71155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29367]



[Docket No. 50-320; License No. DPR-73; NRC-2010-0358]

Receipt of Request for Action Under 10 CFR 2.206

    Notice is hereby given that by petition dated September 30, 2010, 
Mr. Eric J. Epstein has requested that pursuant to Title 10 of the Code 
of Federal Regulations (10 CFR), Section 2.206, ``Requests for Action 
under this Subpart,'' the U.S. Nuclear Regulatory Commission (NRC) take 
action with regard to the Three Mile Island Unit-2 (TMI-2) Nuclear 
Power Station. Mr. Epstein requests that the Commission take 
enforcement action in the form of a Demand for Information from 
FirstEnergy relating to inadequate financial assurance provided by the 
licensee for TMI-2's nuclear decommissioning fund prior to the 
consummation of FirstEnergy's proposed merger with Allegheny Energy. As 
the basis for this request, the petitioner states that the current 
radiological decommissioning cost estimate is $831.5 million and the 
current amount in the decommissioning trust fund is $484.5 million, as 
of December 31, 2008. Further, the petitioner states that FirstEnergy's 
decommissioning report is inadequate,

[[Page 71155]]

and fails to account for the special status of TMI-2, the current level 
of underfunding, or the fact that decommissioning rate recovery for 
Metropolitan Edison and Pennsylvania Electric cease per Pennsylvania 
Public Utility Commission Orders on December 31, 2010.
    The request is being treated pursuant to 10 CFR 2.206 of the 
Commission's regulations. The request has been referred to the Director 
of the Office of Federal and State Materials and Environmental 
Management Programs (FSME). As provided by 10 CFR 2.206, appropriate 
action will be taken on this petition within a reasonable time. The 
petitioner met with FSME's Petition Review Board (PRB), via 
teleconference, on October 19, 2010, to discuss the petition. The 
results of that discussion have been considered in the PRB's 
determination regarding the petitioner's request for additional 
information from FirstEnergy and in establishing the schedule for the 
review of the petition.
    Copies of the petition are available to the public from the NRC's 
Agencywide Documents Access and Management System (ADAMS) in the public 
Electronic Reading Room on the NRC Web site at http://www.nrc.gov/reading-rm/adams.html under ADAMS Accession No. ML102770308, and are 
available for inspection at the Commission's Public Document Room, 
located at One White Flint North, 11555 Rockville Pike (first floor), 
Rockville, Maryland.

    Dated at Rockville, Maryland, November 9, 2010.

    For the Nuclear Regulatory Commission.
Charles L. Miller,
Director, Office of Federal and State Materials and Environmental 
Management Programs.
[FR Doc. 2010-29367 Filed 11-19-10; 8:45 am]