	Introduction

The electricity industry is the largest industry in the United States. Objectives, Scope, and Methodology

Concerned about the potential costs to decommission nuclear plants and the implications of a competitive electricity environment on the ability of plant owners to finance decommissioning projects, the congressional requesters of this report asked us to determine if (1) there is adequate assurance that NRC’s licensees are accumulating enough funds to decommission their nuclear power plants when the plants are retired and (2) NRC is adequately addressing the effects of electricity deregulation on the funds that will eventually be needed for decommissioning. Our analysis showed that, under likely assumptions about future rates of cost escalation, net earnings on the investments of funds, and other factors, 36 of the licensees had not accumulated funds at a rate that is sufficient for eventual decommissioning. The 17 companies included 15 companies that had not collected sufficient funds through 1997. Under more pessimistic and optimistic assumptions, 66 and 4 licensees, respectively, need to increase the amount of funds that they collect in future years. So far, however, public utility commissions have permitted licensees to continue collecting the funds for decommissioning from the licensees’ electricity customers after these plants were retired. In such a case, NRC now requires a licensee to provide additional financial assurance for the portion of the licensee’s estimated decommissioning cost that would not be guaranteed. NRC will also now require licensees to periodically report financial information on decommissioning; however, NRC did not specify how it would use this information. NRC Amends Decommissioning Financial Assurance Regulations

Effective November 23, 1998, NRC amended its decommissioning financial assurance regulations out of concern that the deregulation and restructuring of the electricity industry could reduce confidence that the owners of nuclear power plants will be able to accumulate sufficient funds to decommission their plants. To NRC’s credit, it recognized its need to increase its oversight of decommissioning financial assurance when it modified its decommissioning regulations by requiring licensees to provide financial reports every 2 years. For example, NRC did not establish the thresholds for clearly identifying acceptable levels of financial assurances or establish criteria for identifying and responding to unacceptable levels of assurances. These variables include, NRC added, (1) the actual rates that licensees are accumulating for decommissioning funds, (2) the stated intents of rate regulators (such as state public utility commissions) on allowing the ultimate collection of decommissioning funds, (3) the provisions for decommissioning funding in state deregulation initiatives, and (4) for licensees no longer subject to the traditional regulation of their electricity rates, the extent to which the future collection of decommissioning funds may be based on non-bypassable wire charges.
Why GAO Did This Study

Pursuant to a congressional request, GAO provided information on the potential cost to decommission nuclear power plants and the implications of competition within the electricity industry, focusing on whether: (1) there is adequate assurance that the Nuclear Regulatory Commission's (NRC) licensees are accumulating sufficient funds for decommissioning; and (2) NRC is adequately addressing the effects of electricity deregulation on the funds that will eventually be needed for decommissioning.

What GAO Found

GAO noted that: (1) although the estimated cost to decommission a nuclear power plant is on the order of $300 million to $400 million in today's dollars, NRC does not know if licensees are accumulating sufficient funds for this future expense; (2) GAO's analysis showed that, under likely assumptions, 36 of 76 licensees had not accumulated sufficient decommissioning funds through 1997; (3) however, all but 15 of these 36 licensees appeared to be making up their funding shortfalls with recent increases in the rates that they are accumulating decommissioning funds; (4) using more pessimistic and optimistic assumptions would increase or decrease the number of underfunded licensees, respectively; (5) although utility commissions have permitted licensees to continue charging their customers for the costs of decommissioning prematurely-retired plants, this financial safeguard could be affected by states' efforts to deregulate the electricity industry; (6) to address the movement toward deregulating the electricity industry, in November 1998 NRC began requiring its licensees to provide additional financial assurances if the Federal Energy Regulatory Commission or state utility commissions will no longer guarantee, through the regulation of electricity rates, the collection of sufficient funds for decommissioning; (7) however, one additional form of financial assurance--the early payment of decommissioning costs--may not be practicable or affordable; (8) also, NRC considered requiring licensees to accelerate decommissioning funding as a hedge against the premature retirement of plants but rejected the concept because of possible adverse effects on licensees' finances; (9) on the other hand, NRC's alternative methods to the collection of decommissioning funds earlier essentially rely on the continued financial health of the licensee or its parent company; (10) thus, the effectiveness of NRC's 1998 regulatory changes will likely depend on how vigorously NRC monitors the financial health of its licensees; (11) in this regard, licensees must now provide financial reports every 2 years to NRC so it can monitor financial assurances for decommissioning; and (12) however, NRC did not establish thresholds for clearly identifying acceptable levels of financial assurances or establish criteria for identifying and responding to unacceptable levels of assurances.