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February 25, 2016

Mr. Ken KalmanU.S. Nuclear Regulatory Commission11555 Rockville PikeRockville, MD 20852-2738

Mr. Paul DavisOklahoma Department of Environmental Quality707 North RobinsonOklahoma City, OK 73101

Re: Docket No. 70-925; License No. SNM-928Easement for Electrical Lines

Dear Sirs:

The Trust has recently become aware that Oklahoma Gas & Electric Company (OG&E) installed3-phase electrical power to the former processing buildings now owned by Cimarron HoldingsLLC (Cimarron Holdings). The utility poles were installed across what was thought to be thenorthern portion of Cimarron Holdings' property. Upon surveying the location, it wasdetermined that a portion of the power lines actually run across property owned by the CimarronEnvironmental Response Trust (the Trust), just north of the Cimarron Holdings property line.

The Trust was recently requested by OG&E to execute an easement for these power lines. Theeasement is enclosed for your review. Also enclosed is a drawing showing the locations of thepower lines OG&E installed to provide power to Cimarron Holdings' buildings. The location ofthis power line on Trust property does not present a negative impact as discussed below.

First, the easement is essentially identical to previous easements executed between OG&E andprevious landowners (including the Trust), although more specification of the equipment (e.g.,junction boxes, switches, fuses, etc.) that may be installed is present in this easement.

Second, like the easement executed between OG&E and the Trust in 2013 through Section 11property west of Highway 74, this easement prohibits the Trust from "... excavation, including,but not limited to, the addition to, or removal of soil, so as to change the grade of terrain..unless the written consent of the Grantee is first obtained" (2013 wording slightly different). TheDecommissioning Plan submitted December 31, 2015 was reviewed to determine if the easementwould impact construction of groundwater remediation infrastructure. The DecommissioningPlan contains a treated water injection trench, which will be constructed southeast of Burial Area#2. Comparison of the trench location with the easement shows that no excavation is plannedwithin the easement area.

Finally, the location of the easement through Trust property in this particular location representsa potential benefit to the Trust. Power for the proposed water treatment facilities can be run from

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Mr. Ken KalmanU.S. Nuclear Regulatory CommissionFebruary 25, 2016Page 2

the eastern end of the northern power line to the Uranium Pond #1 Area, reducing the length ofelectrical line requiring installation and purchase by approximately 600 feet.

The area in which the power lines were installed is fenced off from the licensed site, so grantingaccess to OG&E for fu~ture service of the lines will not involve accessing a licensed area. Theeasement is also not within any of the areas which are proposed as the "new" licensed areas"~ inSection 6, "Revisions to the License" in the December 31l, 2015 Decommissioning Plan.

EPM therefore requests NRC and DEQ approval to execute the attached easement.

Sincerely,

Jeff Lux, P.E.

Project manager

Enclosure

cc: NRC Document Control DeskPam Dizikes, Oklahoma Department of Environmental QualityDr. Gerald Schlapper, NRC Region IV

AF:TER RECORDING RETURN TrO:(0GE ELECTRIC SERVICESLAND MANAGEMENT SERVICESPO BOX 321 M/C WN-51OKLAHOMA CITY OK 73 I01-032 IWORK ORDER p7•362687

EASEMENT

KNOW ALL MEN BY THESE PRESENTS: THAT Environmental Properties Management, LLC, a Missouri limited liabilitycompany, not individually, but solely in its representative capacity as trustee of the Cimarron Custodial Trust, a MissouriEnvironmental Response Trust, Grantor, in consideration of the sum of Ten or more dollars in hand paid, the receipt of which ishereby acknowledged, and other good and valuable consideration, does hereby grant and warrant unto OKLAHOMA GAS ANDELECTRIC COMPANY, an Oklahoma corporation, Grantee, its successors and assigns, the right, privilege and authority to enterupon and install, erect, construct, operate, maintain, and reconstruct underground and/or above ground a system of poles, anchors, guywires, conduits, wires, cables, vaults, junction boxes, switches, fuses, transformers, service connection boxes and other fixtures for thetransmission and distribution of electrical current and communication messages, including the right of ingress and egress to and fromsaid system across adjoining lands of Grantor, together with the authority to cut down, control the growth of, or trim and keeptrimmed any trees that may in the judgment of the Grantee interfere with or endanger said line or its maintenance and operation.

The real property covered by this easement is situated in LOGAN County, State of Oklahoma, and is described as follows:

See EXHIBIT "A" attached hereto and made a part hereof.

Grantor further covenants agrees that no building or other structure shall ever be erected, nor shall any excavation,including, but not limited to, the addition to, or removal of soil, so as to change the grade of terrain, be accomplished by Grantor,its heirs or assigns, within the above described easement area unless the written consent of the Grantee is first obtained. Grantorfurther acknowledges the requirements of 63 Oklahoma Statutes (1991!) Section 142.1, et. seq. (One-call statute).

Grantor hereby consents to permit Grantee to trim and keep trimmed any trees, vegetation and foliage on Grantor's propertyimmediately adjacent to the easement granted, and Grantee shall have the right to enter upon Grantor's property for this purpose.

The rights and privileges above granted to continue so long as same are used or needed for the transmission and distribution ofelectric current or communication messages; but should the Grantee remove its property from the premises and abandon the right ofway herein granted, then the rights granted in this easement shall terminate.

Signed and delivered this _____ day of February, 2016.

Fnvironmental Properties Managcment. LLC, a Missouri limited liability company, not individually, but solely in its representative capacity astrustee of the Cimarron Custodial Trust, a Missouri Environmental Response Trust

By:

Title:

COMPANY ACKNOWLEDGMENT

STATE OF __________ ,COUNTYOF ____________, SS;

Before me, the undersigned, a Notary Public, in and for said County and State, on this ____ day of February, 2016, personallyappeared _________________, to me known to be the identical person who subscribed thename of the maker thereof to the fore going instrument as its _____________ ___________, andacknowledged to me that _____ executed the same as _____ free and voluntary act and deed of such company, for the uses andpurposes therein set forth.

My Commission Expires: __ ____

Commission #______ _ _____

Notary Public

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EXHIBIT

LEGAL DESCRIPTIO0N(En vironmen tal Property Mnanogem en t #tl)

A 25 foot utility easement, 12.5 feet each side of a centerline located in theNortheast Quarter (NE/l4) of Section Eleven (1 1), Township Sixteen North (T- 16-N),Range Four West (R-4- W) of the Indian Meridian (I.M.), Logan County, Oklahoma, andbeing more particularly described as follows;

Commencing at the Southeast corner of said NE/4#;Thence N 00"0!'39" E7 along the East line of said NE,/4 a distance of 676.79 feet;Thence N 89"58'21" W a distance of 33.00 feet to a point on the West statutoryright-of-way line, and the Point of Beginning;Thence S 86"44'26" W a distance of 474.20 feet;Thence S 75"39'20" W a distance of 22.87 feet to a point on the North line of a tractdescribed in Warranty Deed recorded in Book 2564, Page 291 and the Point of Ending.

Note. Basis of Bearing = N 00"01 '9" E£= East line of NE/4 Section 11, T-16--N,R-4-W, l.M. (state plane)

Note: It is in tended for the edge of easement to terminate at all buildings, existingeasements and property lines (as shown on sketch) so as not to create any

en croachm en ts.

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EXHIBIT

LEGAL DESCRIPTI/ON(En vironmen tal Property Managemen t #/2)

A 25 foot utility easement located in the Northwest Quarter (NW/4) of Section Twelve(12), Township Sixteen North (T-16--N), Range Four West (R-4-W) of the IndianMeridian (AM.), Logan County, Oklahoma, and being more particularly described asfollo ws;

Commencing at the Southwest corner of soid NW//4;Thence N O0"01"39" E along the West line of said NW/4 a distance of 668. 71 feet,Thence S 89"58'21" E a distance of 33.00 feet to a point on the East statutoryright-of-way line, and the Poinit of Beginning;Thence N 0O"01'39" E along said right-of-way a distance of 25.00 feet;"Thence N 87"57'48" E a distance of 67.41 feet;Thence N 0!"43'06" W a distance of 10.00 feet;Thence N 87"57'48" E a distance of 25.00 fee t,"Thence S 01"43'06" E a distance of 10.00 feet;"Thence N 87"57'48" E a distance of 10.00 feet;Thence S 01"45"06" E a distance of 25.00 feet,•Thence S 87"57'48" W a distance of 10.00 feet;Thence S 01"43'06" E a distance of 21.25 feet to a point on the North line of a tractdescribed in Warranty Deed recorded in Book 2564, Page 291;Thence S 89"J9'35" W along said North line a distance of 25.00 feet;"Thence N 01"43'06" W a distance of 20.51 feet;Thence S 87"57'48" W a distance of 68. 18 feet to the Point of Beginning.

Note: Basis of Bearing = N 00"011,39" E = West line of NW/4 Section 12, T-16-N,R-4-W, l.M. (state plane)

Note. 11 is intended for the edge of easement to terminate at all buildings, existingeasements and property lines (as shown an sketch) so as not to create anyencroachmen ts.

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