C.M.R. 10, 144, ch. 220, pt. C, app 144-220-C-D
A. Introduction. An applicant or licensee may provide reasonable assurance of the availability of funds for decommissioning based on furnishing its own guarantee that funds will be available for decommissioning costs and on a demonstration that the company passes the financial test of Section B of this Appendix. The terms of the self-guarantee are in Section C of this Appendix. This Appendix establishes criteria for passing the financial test for the self guarantee and establishes the terms for a self-guarantee.
B. Financial Test
1. To pass the financial test, a company must meet all of the following criteria:
a. Tangible net worth at least 10 times the total current decommissioning cost estimate for the total of all facilities or parts thereof (or the current amount required if certification is used), or, for a power reactor licensee, at least 10 times the amount of decommissioning funds being assured by a self guarantee, for all decommissioning activities for which the company is responsible as self-guaranteeing licensee and as parent-guarantor for the total of all reactor units or parts thereof (Tangible net worth shall be calculated to exclude the net book value of the nuclear unit(s)).
b. Assets located in the United States amounting to at least 90 percent of total assets or at least 10 times the total current decommissioning cost estimate for the total of all facilities or parts thereof (or the current amount required if certification is used), or, for a power reactor licensee, at least 10 times the amount of decommissioning funds being assured by a self guarantee, for all decommissioning activities for which the company is responsible as self-guaranteeing licensee and as parent-guarantor for the total of all reactor units or parts thereof.
c. A current rating for its most recent bond issuance of AAA, AA, or A as issued by Standard and Poors (S&P), or Aaa, Aa, or A as issued by Moody's.
2. To pass the financial test, a company must meet all of the following additional requirements:
a. The company must have at least one class of equity securities registered under the Securities Exchange Act of 1934.
b. The company's independent certified public accountant must have compared the data used by the company in the financial test, which is derived from the independently audited, yearend financial statements for the latest fiscal year, with the amounts in such financial statement. In connection with that procedure, the licensee shall inform the Agency within 90 days of any matters coming to the attention of the auditor that cause the auditor to believe that the data specified in the financial test should be adjusted and that the company no longer passes the test.
c. After the initial financial test, the company must repeat passage of the test within 90 days after the close of each succeeding fiscal year.
3. If the licensee no longer meets the requirements of Section B.2. of this Appendix, the licensee must send immediate notice to the Agency of its intent to establish alternate financial assurance as specified in the Agency's regulations within 120 days of such notice.
C. Company Self-Guarantee. The terms of a self-guarantee which an applicant or licensee furnishes must provide that:
1. The guarantee will remain in force unless the licensee sends notice of cancel certified mail to the Agency. Cancellation may not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by the Agency, as evidenced by the return receipt.
2. The licensee shall provide alternative financial assurance as specified in the Agency's regulations within 90 days following receipt by the Agency of a notice of cancellation of the guarantee.
3. The guarantee and financial test provisions must remain in effect until the Agency has terminated the license or until another financial assurance method acceptable to the Agency has been put in effect by the licensee.
4. The licensee will promptly forward to the Agency and the licensee's independent auditor all reports covering the latest fiscal year filed by the licensee with the Securities and Exchange Commission pursuant to the requirements of section 13 of the Securities and Exchange Act of 1934.
5. If, at any time, the licensee's most recent bond issuance ceases to be rated in any category of A or above by either Standard and Poor's or Moody's, the licensee will provide notice in writing of such fact to the Agency within 20 days after publication of the change by the rating service. If the licensee's most recent bond issuance ceases to be rated in any category of A or above by both Standard and Poor's and Moody's, the licensee no longer meets the requirements of Section B.1. of this Appendix.
6. The applicant or licensee must provide to the Agency a written guarantee (a written commitment by a corporate officer) which states that the licensee will fund and carry out the required decommissioning activities or, upon issuance of an order by the Agency, the licensee will set up and fund a trust in the amount of the current cost estimates for decommissioning.
C.M.R. 10, 144, ch. 220, pt. C, app 144-220-C-D