ML20044H053
| ML20044H053 | |
| Person / Time | |
|---|---|
| Issue date: | 11/04/1983 |
| From: | Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20042C770 | List: |
| References | |
| FRN-47FR47400, RULE-PR-30, RULE-PR-40, RULE-PR-70 FC-83-23, HPPOS-266, NUDOCS 9306070308 | |
| Download: ML20044H053 (1) | |
Text
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e 266 RECORD #266 TITLE:
POLICY AND GUIDANCE DIRECTIVE FC 83-23: TERMINATION OF BYPRODUCT, SOURCE AND SPECIAL NUCLEAR MATERIAL LICENSES 5
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DI'STRIBUTION NOV 4 1993 RECunningham DRChapell /.
BSinger JGlenn, RI 4
VLMiller JPotter, RII LCRouse BMallett, RIII o
CEMacDonald JEverett, RIV JFriORAl$UM FCD:
Pegional ?ouinistrators WTCrow RThomas, RV.
FCUF R/F W
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flMSS R/F FC Central File Division of Fuel Cycle and Naterial-Safety ??SS t
FROM:
Richard E. Cunningham. Director 91 vision of Fuel Cycle and raterial Safety. Ti!1SS
SUBJECT:
POLICY Af1D GUIDAl:CE DIRECTIVE FC 03 23 :
A TERMINATICH OF BYPRODUCT, SOURCE AfiD SPFCIAL 1
hDCLEAR MATERIAL LICENSES The enclosed final rule specifies licensee resonnsibility and requirements for teminating a license issued under 10 CFR Parts 30, 40 and 70.
.Yong-1ther things, a licensee is required to subnit on or before the expiration date a radiation survey report to confirn tne absence of radioactive materials or to specify existing levels of residual radioactive contanination present f rom-past cperations.
A survey report is not required if a licensee can demonstrate-1 the obsence of radioactive contamination in some other manner, sucn as tne use only of sealed sources that never showed evidence of Icakage.. If detectable' levels of residual radioactive contanination attributable to licensed cperations are found, the license continues in force until the Counission' notifies the licensee in writing that the license is terninated.
The purpose of tnis menorancun is to provide guidance to the Regions and Headquarters staff on the findings that need to be made before written notification is given that the license is terninated.
i Peview Procedure n
Fefore teminating a license wnere residual radioactive material contamination' is present f rom past licensed cperations f:RC should determine diether:
1.
a reasonable effort has been made to eliminate residual. contamination,'and 2.
residual radioactive contamination is acceptably' low to permit unrestricteu release of the affected facilities.
If the levels of residual radioactive contamination on surf aces and in soil:are a small fraction of those nomally acceptable for unrestricted release (see Section' below). It is not necessary for the licensee to-describe the eff orts he has nade t
to reduce contamination levels.
Policy and Guidance Directive FC S3-3: Standard Review Plan (SRP) for Termination of Special t!uclear flaterial Licenses for Fuel Cycle Fecilities,-
j contains information that is generally useful for terminating any byproduct.
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- j source or special nuclear material license.
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In.u s: cases involvin' short.1alf-lif e racionuclides or operations involviry
- nly mico sources an indepeonent confir.atory survey by inC aill not W necessary.
Confirnatory surveys should cleays im,,ade if the licensee's survey report capears suspect or pest licensee operations involveri the enemical processing of nunareds or nilligrans of plutenita tens of kila';roris of onriched uranion 235 or hundreas of tilc;;rans of source materiel.
For Materials licensees sicn used ena processed hunerxs of tillicuries of inng half-life radionuclides (> 1 yr).
confir:. story surveys snould.tiso ce asce in all cases.
If it is detemined that c cent ir,atcry sorva) vill be nace; a notice should oe sent to the license.e intornity hin tnat vie equi;went one f acilities should be hela for T&C insoecticn.
Jiscretion may t:e exercised 6s to Mietner a confirmatory survey is to be na3e if there is infornation evailatle, such as inspectinn reports,.nich provides a basis fcr acceptance c.f the licensee's survey.
Centen1 nation Levels Anerally.tcceptaDie for Unrestricted Helease o 5artace Conteninstion - See Enclostire 2 o Soil Contaaination - See Enclosure 3 o Later Contcaination - If surtace nr <jroundwater contanination is below EPA's i.ational Interin Primey Urinking 1:ater hegulations (f.PA 570-9-7F-C03),
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the contanination is accepttcle f or onrestricted release.
If the levels cf contonination exceed the levels discussed above and a jud>Juent is mde tnet further efforts to reduce the contamination is oct necessary for terninetion of toe license, en environmental impact assessment should be nade to support tne termination.
%ch cases should be brougnt to the attention of tne Director of +.he '!ivision of Fuel Cycle and liaterial Safety. IMSS. before the teraination is dispatched.
Original Q:30 W D. R. OPU l
(,Picnard E. Cunningharn. Director
! Uivision of Fuel Cycle and i:aterial Saf ety, hMSS
Enclosures:
1.
Final Pule:
hvendments to 10 CFR Parts 20. 40 and 70 fpecifyin. Licensee Responsibility f or Luclear F.aterials anc Procedures FC A tor Ternination of Specific Licenses DRChapell 11/f/83 2.
Luidelines for reconta:aination of facilites dnd Equipment Prior to Pelease f or Unrestricted use or Ternination of Licenses f or Syproduct. Source, or Special i?uclear
- See previous concurrence sheets
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UNITED STATES g/Lg,h
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.NUCL2 AR 9EGULATORY COW /Is3iCN e
hSkiNGTnN. L. O. 20535 NN 2 3 1983 MEMORANDUM FOR: William J. Dircks Executive Director for Operations FRCH:
Robert B. Minogue, Director Office of Nuclear Regulatory Researcn
SUBJECT:
FINAL RULE: AMENDMENTS T010 CFR PARTS 30, 40, AND 70 SPECIFYING LICENSEE RESPONSIBILITY FOR NUCLEAR MATERIALS AND PROCEDURES FOR TERMINATION OF SPECIFIC LICENSES DISCUSSION Backaround. At the present time, some NRC requirements for terminating a license are specified in the regulations, but others are implemented on an individual case basis.
In particular, current regulations in 10 CFR Parts 30, 40, and 70 co not specifically address licensee responsibility for nuclear materials at the time of or following expiration of licenses or describe _ procedures for termination of licenses.
In some cases licensees have failed to notify the Commission of their intent to terminate operations, allowed licenses to expi_re, anc vacated the premises before the staff hao an opportunity to inspect the premises for residual radioactive contamination. This situation has the potential for aaverse public health and safety effects. License termination requirements are necessary to enable the Conmission to determine that public health ana saf.ety are protected.
1 A proposed rule on the subject was approved by you and published in the Federal Register on October 26, 1982 (47 FR 47400). The craft Feceral Register notice for the final rule contains an analysis of comments received on the proposed rule. No significant revisions have been made. Only changes of an editorial nature have been made in the final rule (see Enclosure A).
Final Reaulations. The final rule reauires each licensee, who does not apply for license renewal, to submit appropriate information concerning the disposal-of nuclear materials and on the absence or presence of residual. radioactive contami-nation.
If radiation levels are suitable for release the license will be terminated. _ If significant residual radioactive contamination is' detected, the license continues in effect, beyond the expiration date if necessary, with respect to possession of and responsibility for the residual radioactive contamination. The licensee must continue decontar.iination and control of con-taminated areas until radiation levels are suitable for release.
In addition, these licensees must submit a plan for decontamination and a final radiation _.
survey report. Certain licensees, uranium recovery and some mill tailings disposal facilities under Part 40 and fuel fabrication licensees by license concitions, are currently recuired to submit plans. Recuirements in this rule are supplementary to and consistent with existing recuirements.
-83V)/')o3?Y~99y ENCLOSURE 1
..~illiam J. Dircks M 23 g RECOMMENDATIONS AND NOTATIONS Recommendations.
It is recommended that you aoprove the final rule and publication of a notice'in the Federal Register (see Enclosure A). The rule will be made effective 30 days following publication in the Federal Register.
It is also recommended that you certify that the final rule will not have a significant economic impact on a substantial number of small entities (see REGULATORY FLEXIBILITY CERTIFICATION in Enclosure A and the REGULATORY ANALYSIS, Enclosure B).
Notations.
(1) The information collection requirements of this rule have been approveo oy the Office of Management and Budget (see Enclosure A).
(2) No additional NRC resource requirements are anticipated as a result of this action.
(3) The Agreement States reviewed a draft of the proposed rule and were infomed of the proposed rulemaking. Additional rulemaking on the broad issues of decom-i missioning will be forthcoming from NRC, which will supplement this termination of license rule. Therefore, we will provide guidance then on the need for the.
States to adopt any portions of this rule to maintain compatibility. This will avoid the possibility of reouiring States to amend their regulations twice in a relatively short period.
(4) The Subcommittee on Nuclear Regulation of the Senate Committee en Environment and Public Works,'the Subcommittee on Energy and the Environment of the House Committee on Interior and Insular Affairs, and the Subcommittee on Energy Conservation and Power of the house Committee:on Energy and Commerce will be notified of the Commission's action by letter such as Enclosure C.
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f Rot lert B. Minogue, Director
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f Off e of Nuclear Regulatory Research e=we****
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hilliam J. Circks N 2 3 563 accrovec for puolication In a final rule published March 19,1982 (47 FR 11816), the Commission celegated to the.EDO (10 CFR 1.40(c) and (d)) the authority to develop and promulgate rules as defined in the APA (5 U.S.C. 551(4)) subject to the limitations.in NRC Manual Chapter 0103, Organization and Functions, Office of the Executive Director for Operations, paragraphs 0213, 036, 039, and 0310. The enclosed final rule entitlea, "Amencments to 10 CFR Parts 30, 40, and 70 Specifying Licensee Responsibility for Nuclear Materials and Procedures for Termination of Specific Licenses" sets forth amendments that establish a licensee's responsibility' for nuclear materials and procedures for orderly termination of specific licenses issued unaer 10 CFR Parts 30, 40, and 70.
The final rule specifies that a license remains in effect,
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with respect to residual nuclear materials present as contamination, until the Commission notifies the licensee in writing that the license is terminated. The proposed rule is necessary to establish clear proceaures for termination of licenses in orcer to estaolish a more conerent regulatory framework.
The final rule does not constitute a significant cuestion of policy, nor does it amend regulations contained in 10 CFR Parts 0, 2, 7, 8, 9 Subpart C, or 110.
I, therefore, find this rule is within the scope of my rulemaking authority ana am proceeding to issue it.
W k.3 n.4 (Date)
William V. 01rcks Executive Director for Operations
Enclosures:
A Proposed Federal Register Notice 3
Regulatory Analysis C
Draft Congressional Letter D
Notice for Inclusion in Weekly Information Report 4
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