ML13109A212

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R. Anderson Ltr. Notice of an Upcoming Webinar and Request for Additional Comments on Consideration of Rulemaking to Address Prompt Remediation of Residual Radioactivity During Operations
ML13109A212
Person / Time
Issue date: 05/28/2013
From: Persinko A
NRC/FSME/DWMEP/DURLD
To: Richard Anderson
Nuclear Energy Institute
James Shepherd
References
Download: ML13109A212 (4)


Text

May 28, 2013 Mr. Ralph Anderson Nuclear Energy Institute 1201 F St., NW, Suite 1100 Washington, DC 20004-1218

SUBJECT:

NOTICE OF AN UPCOMING WEBINAR AND REQUEST FOR ADDITIONAL COMMENTS ON CONSIDERATION OF RULEMAKING TO ADDRESS PROMPT REMEDIATION OF RESIDUAL RADIOACTIVITY DURING OPERATIONS

Dear Mr. Anderson:

The U.S. Nuclear Regulatory Commission (NRC) is seeking additional input from the public, licensees, Agreement States, non-Agreement States, and other stakeholders on a potential rulemaking to address prompt remediation of residual radioactivity during the operational phase of licensed material sites and nuclear reactors. While the NRC has not initiated a rulemaking on this subject, we are continuing to gather information and seek input for finalizing a regulatory basis document. To facilitate the publics and other stakeholders understanding of these issues and submission of informed comments, the NRC staff has scheduled a public webinar on June 4, 2013 from 12:00 p.m. to 3:00 p.m.

A Federal Register Notice (FRN) will soon be published with details on the webinar. The FRN will discuss the potential rulemaking and solicit stakeholder input on specific questions. The FRN will include information on how to register to participate in the webinar. The webinar notice, agenda, and the staffs draft Proposal Technical Basis for Rulemaking will be posted in advance of the webinar at: http://www.nrc.gov/public-involve/public-meetings/index.cfm.

Background

In June 2011, NRC published the Decommissioning Planning Rule (76 FR 35512, June 17, 2011).with an effective date of December 17, 2012. That rule provides a risk-informed approach to identifying radiological contamination, especially in the subsurface, that could cause an increase in cost of decommissioning that may impact a licensees ability to pay to remediate and ultimately terminate the license. The rule applies to the operational phase of a facility life, and requires licensees to operate in a way to minimize spills, leaks and other unplanned releases to the environment. It also requires licensees to check periodically for contamination throughout the site, including in subsurface soil and ground water. It does not have a requirement that licensees conduct remediation during operations. In approving the Decommissioning Planning Rule, the Commission directed the staff to, make further improvements to the decommissioning planning process by addressing remediation of residual radioactivity during the operational phase with the objective of avoiding complex decommissioning challenges that can lead to legacy sites.

R. Anderson 2 In July 2011, NRC issued a draft technical basis and conducted a webinar to obtain stakeholder input on a potential rule that would mandate remediation during operations under some conditions. Staff revised the basis document by incorporating stakeholder input. Following further NRC review of ground water issues, the Commission directed the staff to obtain additional stakeholder input on a potential rulemaking requiring prompt remediation during operations. Therefore, NRC is issuing a draft regulatory basis for public comment prior to making a recommendation to the Commission on potential rulemaking.

In accordance with 10 CFR 2.390 of the NRCs Rules of Practice for Domestic Licensing Proceedings and Issuance of Orders, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records component of NRCs Agencywide Documents Access and Management System (ADAMS).

ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.

If you have any questions regarding this information, please contact James Shepherd by email at James.Shepherd@nrc.gov or at 301-415-6712.

Sincerely,

/RA/

Andrew Persinko, Deputy Director Decommissioning and Uranium Recovery Licensing Directorate Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs

R. Anderson 2 In July 2011, NRC issued a draft technical basis and conducted a webinar to obtain stakeholder input on a potential rule that would mandate remediation during operations under some conditions. Staff revised the basis document by incorporating stakeholder input. Following further NRC review of ground water issues, the Commission directed the staff to obtain additional stakeholder input on a potential rulemaking requiring prompt remediation during operations. Therefore, NRC is issuing a draft regulatory basis for public comment prior to making a recommendation to the Commission on potential rulemaking.

In accordance with 10 CFR 2.390 of the NRCs Rules of Practice for Domestic Licensing Proceedings and Issuance of Orders, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records component of NRCs Agencywide Documents Access and Management System (ADAMS).

ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.

If you have any questions regarding this information, please contact James Shepherd by email at James.Shepherd@nrc.gov or at 301-415-6712.

Sincerely, Andrew Persinko, Deputy Director Decommissioning and Uranium Recovery Licensing Directorate Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs IDENTICAL LETTER SENT TO ATTACHED LIST DISTRIBUTION:

J. Kinneman, NMSS RMacDougall,FSME L. Chang RidsRgn1MailcenterResourc RidsRgn2MailcenterResource RidsRgn3MailcenterResource RidsRgn4MailcenterResource ML13109A212 Office DWMEP DWMEP DWMEP OGC DWMEP Name JShepherd SAchten BWatson BJones APersinko Date 4/18/13 4/22/13 4/22/13 5/15/13 5/28/13 OFFICIAL RECORD COPY

Addressees:

Stuart Walker U.S. Environmental Protection Agency Ariel Rios Building 1200 Pennsylvania Avenue, N.W.

Washington, DC 20460 David Geiser U.S. Department of Energy 1000 Independence Ave., SW Washington, DC 20585 National Organization of Research and Training Reactors Listserv - trtr-list@ecn.purdue.edu Chairman - Ralph Butler -

ButlerRa@missouri.edu Union of Concerned Scientists National Headquarters Two Brattle Sq.

Cambridge, MA 02138-3780 Bruce Watzman, Senior Vice President, Regulatory Affairs National Mining Association 101 Constitution Ave. NW Suite 500 East Washington, D.C. 20001 Sierra Club National Headquarters 85 Second Street, 2nd Floor San Francisco, CA 94105 Nuclear Fuel Services, Inc.

1205 Banner Hill Road Erwyn, TN 37650