ML19283B852
| ML19283B852 | |
| Person / Time | |
|---|---|
| Site: | 02700039 |
| Issue date: | 03/21/1979 |
| From: | Reis E NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Goodhope A, Little L, Remick F AFFILIATION NOT ASSIGNED, RESEARCH TRIANGLE INSTITUTE |
| References | |
| NUDOCS 7904180143 | |
| Download: ML19283B852 (8) | |
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NUCLEAR REGULATORY COMMISSIOfJ g,l,Q,;]!
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March 21, 1979
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Andrew C. Goodhope, Esq.
Dr. Linda W. Little lGE 3320 Estelle Terrace Research Triangle Institute Wheaton, Maryland 20906 P.O. Box 12194 Research Triangle Park,florth Carolina 27709 Dr. Forrest J. Remick 305 E. Hamilton Avenue State College, Pennsylvania 16801 In the Matter of Nuclear Engineering Company, Inc.
(Sheffield, Illinois Low-Level Radioactive Waste Disposal Site)
Docket f;o. 27-39
Dear Members of the Board:
Attached is a notice which is being sent to the Federal Register which you might consider to have relevance in this matter.
Sincerely, h
Edwin J. Reie Assistant Chief Hearing Counsel
Attachment:
As Stated cc:
(w/ attachment)
Scott Madson, Esq.
D. J. McRae, Esq.
Cornelius J. Hollerich, Esq.
Dean Hansell, Esq.
Susan fl. Sekuler, Esq.
John M. Cannon, Esq.
Atomic Safety and Licensing Board Panel Atomic Safety and Licensing Appeal Panel Robert Russell, Esq.
Docketing and Service Section Troy B. Conner, Jr., Esq.
Mark J. Wetterhahn, Esq.
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[7590-01]
Title 10 - Energy CHAPTER I - NUCLEAR REGULATORY COMISSION PART 30 - RULES OF GEf1ERAL APPLICABILITY TO DOMESTIC LICENSING OF BYPRODUCT MATERIAL PART 40 - DOMESTIC LICENSIfiG OF SOURCE MATERIAL PART 70 - DOMESTIC LICENSIflG OF SPECIAL fiUCLEAR MATERIAL Timely Notification of Discontinued Licensed Activities AGENCY:
U.S. Nuclear Regulatory Commissica (NRC)
ACTION:
Final rule.
SUMMARY
The Nucl.1r Regulatory Commission is amending its regulations to require licensees to notify the Commission when they decide to permanently discontinue all activities involving materials authorized under a license.
This will allow NRC to terminate the license in an orderly and timely manner.
EFFECTIVE DATE:
(/979
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i NOTE:
The Nuclea Regulatory Commission has submitted this rule to the Comptroller General for review under the Federal Reports Act, as amended, 44 U.S.C. 3512.
The date on which the rule becomes effective, unless advised to the contrary, accordingly reflects inclusion of the 45 day period which that statute allows for this review (44 U.S.C.
3512(c)(2)).
FOR FURTHER INFORMATION CONTACT:
Edward Podolak, Office of Standards Development, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555, phone 301-443-5860.
see 1
(790-01]
SUPPLD1EllTARY IliFORMATI0ft:
ilRC issues licenses for the use of byproduct, source, and special nuclear materials
- under 10 CFR Parts 30, 40 and 70 respectively.
The usual term for these licenses is five years.
At five year intervals the licensee must submit an application for renewal of the license.
If the application is found satisfactory after review by f4RC, the license can be renewed for another five year term.
Under the present system, NRC sometimes does not discover that a licensee has discontinued a licensed program, and perhaps even vacated the premises, until an inspection or the end of the five year license term.
The NRC needs to communicate with the licensees, on a timely basis, regarding disposition of the licensed material and cleanup of the facility.
In order to remedy this, on July 27, 1978, the NRC published for 45-days public comment proposed amendments (43 FR 27995) to Parts 30, 40 and 70 that would require licensees to notify NRC when they decide A
The term byproduct material means (1) any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material, and (2) the tailings or wastes prodyced by the extraction or concentration of uranium or thorium from any ore processed primarily for it.s source material content.
The term source material means (1) uranium, thorium, or any combination thereof, in any physical or chemical form, or (2) ores which contain by weight one-twentieth of one percent (0.05 percent) or more of (i) uranium, (ii) thorium, or (iii) any combination thereof.
Source material does not include special nuclear material.
Special nuclear material means (1) plutonium, uranium 233, uranium enriched in the isotope 233 or in
,the isotope 235, or (2) any, material artificially enriched by any of the foregoing, but does not include source material.
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[7590-01]
to permanently discontinue all activities involving materials auth-orized under a license.
The FEDERAL REGISTER notice explained that this means all activities authorized under a license identified by a unique t4RC license number and that notification is not required if only a part of a program is to be discontinued or if it is expected that a program will be reinstated before the license expires.
For example, if an academic institution has several licenses and decides to permanently discontinue all activites authorized under one license, say a Part 35 medical program, the licensee will have to notify t1RC.
If the institution decides to discontinue that medical program, but believes it may reinstate the program before the license expires, notification to !1RC will not be necessary.
If the institution decides to discontinue a portion, but not all of the activities autnorized under that Part 35 medical license, notification to flRC will not be necessary.
Copies of the proposed rule were sent to all f1RC Parts 30, 40 and 70 licensees.
Thirty-one comment letters were received.
flineteen commenters favored the proposal without qualification.
Four commenters favored the proposal but suggested minor changes in the wording of the rule.
Seven commenters objected to the proposal.
The final rule is identical to the proposed rule except for removing the gender specific pronoun "he".
DISCUSSI0l1 0F COMME?iTS Three commenters objected to the proposed rule because of the 15aperwork burden.
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The Commission believes that the time and expe NRC about a decision to discontinue a licens d se of notifying e
program is minimal.
hj Further, the Commission believes that beginnin g a dialogue with the licensee on a timely basis will save both parti M
es the unnecessary expense of last minute or even after-the-fact decommi ssioning problems.
Two commenters objected to the proposed rule be cause of their con-cern about an individual licensee being unable to n tif
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$)3 to illness or death.
o y the f4RC due One of these commenters ques'tioned if a would apply under these circumstances.
y The number of individual licensees is sma medically oriented so that the types of materials ey are usually authorized involve i
small quantities of short-lived radioisotopes whi h s
c a long-term contamination p eblem.
would not present for failure to notify f4RC unless this failurPenalti j
health hazard or threat to the common defens e results in e and security.
The Commission does not believe that the possibilit failure to notify f4RC because of illness o y or consequence of a rants abandoning the rule.
r death of a licensee war-One commenter suggested that a simple questio the status of each license would suffice nnaire regarding The Commission believes that the cost of peri di o
would far exceed the cost of the notification req i c questionnaires tionnaire is perceived as a nuisance u rement.
If a ques-
, compliance would be low and the cost of f1RC followup would be high
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One commenter suggested that the Commission encourage licensees to notify t{RC by offering a prorated return of the license fee.
A prorated return of the license fee is not possible under the new fee-for service system.
Licensees are now charged separately for the cost of reviewing license applications, the cost of reviewing license amendment applications and the cost of inspections.
There-fore, there is no unused portion of the application fee to refund to a licer.see who decides to discor:tinue a program.
fit 1AL RULE In accordance with SS 30.6, 40.5 and 70.5, the written notifica-tion that will be required under these amendments should be addressed to the Director, Office of fluclear flaterial Safety and Safeguards, U.S. tiuclear Regulatory Commission, Washington, D.C.
20555 or may be delivered in person to the Commission's offices at 1717 H Street, tN., Washington, DC; or 7910 Eastern Avenue, Silver Spring, fiD.
Under the Atomic Energy Act of 1954, as aneaded, the Energy R ization Act of 1974, as amended, and Sections E52 and 553 of Title 5 of the United States Code, the following amendments to Title 10, Ch I, Code of Federal Regulations, Parts 30, 40 and 70, are pt blithed as a document subject to codification.
1.
A new paragraph (f) is added to S 30.34 to read as follows:
S 30.34 Terms and conditions of licenses.
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(f) Each licensee shall notify the Commission in writing when the licensee decides to permanently discontinue all activities.involv-ing materials authorized under the license.
This notification require-ment applies to all specific licenses issued under this Part and Parts 32-35 of this chapter.
2.
A new paragraph (f) is added to S 40.41 to read as follows:
S 40.41 Terms and conditions of licenses A
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A A
(f) Each licensee shall notify the Commission in writing when the licensee decides to permanently discontinue all activities involv-ing materials authorized under the license.
This notification require-ment applies to all specific licenses issued under this Part.
3.
A new paragraph (h) is added to G 70.32 to read as follows:
S 70.32 Conditions of licenses A
A A
A A
(h) Each licensee shall notify the Commission in writing when the licensee decides to permanently discontinue all activities.involv-ing materials authorized under the license.
This notification require-ment applies to all specific licenses issued under this Part.
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[7590-01]
[Section 1610, Pub. L.83-703, 68 Stat. 9/8 (42 USC 2201)]
Dated at Washington, D.C., this day of 1979.
For the Nuclear Regulatory Commission.
Samuel J. Chilk Secretary of the Commission f
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