ML20058E548

Forwards Fr Notice Re NRC 930726 Issuance of Final Rule Concerning Decommissioning Recordkeeping & Documentation for Info

ML20058E548
Person / Time
Site:	07001201, 07000364, 07000135
Issue date:	11/30/1993
From:	Tokar M NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Sgarlata D BABCOCK & WILCOX CO.
References
NUDOCS 9312070052
Download: ML20058E548 (9)

Text

-.

l I

('

i NOV' 3 01993 Identical letters went to:

Mr. Don Sgarlata l

Regulatory Supervisor Apollo facility i

Babcock & Wilcox Company Mr. James P. Valenti Shieldalloy Metallurgical Corp.

j

Dear Mr. :

1

-f

SUBJECT:

DECOMMISSIONING RECORDKEEPING AND DOCUMENTATION.

on July 26, 1993, the Nuclear Regulatory Commission-issued a. final ruie i

related to decommissioning recordkeeping and documentation.

In the final j

rule, NRC requires licensees to prepare and maintain additional documentation on locations where licensed material and equipment were stored, used, spilled,-

[

and buried.

I am enclosing a copy of the Federal Register notice for your i

information.

{

Please review the new rule and their applicabil'ity to your site.

If you have any questions, please contact Dr. Carl Feldman at (301) 492-3883, or me at (301) 504-2590.

l Sincerely, i

Original Sened By-l t

i Michael Tokar, Section Leader i

Licensing Section 2 Licensing Branch Division of Fuel Cycle Safety 002069 and Safeguards, NMSS j

JJf/-5(dth Ste x/- 4 ( 0 f30(/,!M y 7p l

Enclosure:

As stated Distribution: w/ encl.

VJg /u h t. QF W J Dockets.70-135

' PDR/LPDR

!NRC' File:Ce'nterj g

- p

'70-364 FCSS R/F NMSS R/F fyg' jg~~ (fjgfggj 70-J46T' FCLS2 R/F KMcDaniel L

Region I jpSl Madams RRagland,.RI-FCLB R/F

[

OFC FC Llh,.,

C-FC1&( k FCLB 6

vs NAME GC6'mfort Vrnarpe MTokar DATE 11/74/93 11/Pl/93 11/h/93 1

C COVER E = COVER & ENCLOSURE N = NO COPY

[G:\\ rule.GCC)

/

i gI e

N 9312070052 93 13(

N

[DR ADOCK 07000135 fi

~

PDR y

]

I

Q p f.n!, SE, No.141 / Monday, July 26, 1993 / Rules and Regulations

- - ---g W i

F 23 job lastitution outside of the embokse's byproduct material, source material, l

sedes s70: ce bp@l[e.

region of naarment from w c he or special euclear material, or for 8'ri 801: I rthe she has received a credit card and shall independent et of spent nuclear M AU 'N""

end the include certi!! cation that h credit fuel and hl lev radioactive waste to

,y a,ms et or above the cards listed were obtained only under prepare an maintain additional 88 such terms and conditions as are documentation that identines all grade ss.

naards. Each canadential available to the general public, that the restricted amas where licensed meterials

[detnedoess Elod pursuant to line of credit does not exceed $10.000, and equipment were stored or used, all tha seccgm shallinclude:

and that the employee is aware of and areas outside of restricted areas where is)Io part I. Information on any understands the requinment for self.

documentation is required under indebtedness of the employee, his or her disqualiacation from participation in current decommisaloning regulations for spouse, and/or dependent child, which matters affecting b creditors unusual occurrences or spills, all areas is evidenced by a cmdit card issued by identified.

outside of restricted areas where waste has been buried, and a!! areas outside of an FDIC insured depository institution.

By Order of the Board of Directors.

n amu conMg maw d I"CIUdi"he type chard, the year of Dated at Washington, DC this 24th day of that if the license won terminated, the re:sipt, the name and location of the g,, ember.1992.

issuer, and the totalline of credit, licensee would be required to

• * * ' Posit inmanca Carpendon.

decontaminate the ama or seek special regardless of the amount outstanding:

I'T ' I '

approval for disposal. The final rule also I

and (2)In II,information on other 8*** 38"**F recuires licensees to submit specific ind oss of the empicyee.his or her Approved: July 14.1993.

information at the time of final spouse, and/or dependent child, at any semphen D. Peas, decommissioning on decantamtnated time during the reporting period and Dusetor. Office ofCaremment EtMes.

equipment that had been involved in J

the licensed activity that will remain regardless of amount,to a federally 12 CFR CHAPTER E -(AMW onalte at the time oflicense termination.

insured financial institution, or any subsidiary or afBliate themof, including PART 336-EMPLOYEE The information required by these mortgages and other censumer debt not RESPONSl81Lff1ES AND CONDUCT amendments will provide greater nported in part L With respect to each assurance that decontamination and creditor, an employee shall disclose the 1.ne authority citation for part 336 decommiuloning oflicensee facilities type of liability, the name and location is revised to read as follows:

have been carried out in accordance of the creditor,the year the debt was

. Astberty: s U.S.C 7301:12 U.S.C with the Commision's regulations.

incurred,the term of the loan, and 1819(ah sec. 502(a). EO.12674. 54 FR 15159 EPPECTTVE DATE: October 25,1993.

either the original or outstanding 3 CFR 1989 Comp. p. 215 as modlSed by POR PUspER eePose4ATKei CONTACT:Dr.

balanca.

EO.12731. 55 FR 42547. 3 &R.1990 Comp

• Carl Feldman,OfEco of Nuclear p.306:EO.11222,3 CFR,1964-1965 Comp., Regulatory Research. U.S. Nuclear 93202.108 Conndeneet testament of

p. 308. as modified: 5 CFR 2635.403(a),

Credit Card Ot>Egenen h howed State 2635.803,2637.101(a).

Regulatory Commission.Wuhington, a

Nonmember Smk and Ah -

4 of DC 20555, talephone (301) 492-3683.

Condrooneer m d- -

2.Part 336 is amended by mmoving and twerving subpart D $$ 336.24-SUPPLDsENTARY pePosesAn04:

&-- N (FDs0 Form 941W10).

b (a) Who mustfile/when.Within 30

Background

336.26.

days of acquiring a credit card By Order of the Board of Directors.

NRC licensees subject to the obligation to an insured state Dated at Washington, DC this 24th day of requirements of 20 CFR Parts 30,40,70.

nonmember bank headquartered outside November.1992, and 72 who wish to terminate their of the employee's region of Federal Deposit insurance Corporation.

licznses must decontaminate all employment, a " Statement of Credit Heyle t. ReWesen, contaminated facilities and sites Card Obligation in Insumd State zuscutinsemesy according to NRC requirements before Nonmember Bank and trR Dee 9s-17e12 %d 7-23-s3: a 45 nel the NRC can authorize h termination of the licenu. nerefore, h licensee's Acknowledgement of Conditions of euas mes e Retention-Notice of Disqualification,"

application for licanse terminction, and FDIC Form 2410/10.must be filed by:

other records on decommissioning available from the licensee, must (1) ne Executive Director of the NUCt. EAR REQUt.ATORY contain sufficient information on the Divisions of Supervision and COMMLSSION Resolutions; residual radioactivity levels in 6 (2) no Director of Supervision:

to CFR Ports 30,40,70, and 72 licensee's facilities and sites to allow (3) ne holder of any position the NRC staff to make a determiration Rm at8040es on whether h licannee's facilities and immediately subordinate to the Director sues can be n!sased for unrestricted of Supervision:

Decommisaloning Recordkeeping and (4) An Anaistant Director. Regional U

en

Documenteh use.

Director, Deputy Regional Director. or A General Accounting Office (CAO) an Assistant RegionalDirector: and nPort,"NRC Decommissioning (5) An eraminer. assistant ernminer.

A0Decv: Nuclear Regulatory Procedures and Criteria Need to Be I

com lianna examiner, or other covered Commission.

Stangthened"(GAO/RCED-e9-119 May 26,1989), indicated incomplete emp of the Division of Supervision Acnow Finalrula.

at or a a grade 13 level.

mcordkeeping as e potential probleen.

(b) Report contents. Each statement eramuty:no Nuclear Regulatory The issue was also discuued by the filed pursuant to this section shall Gm-r>! salon (NRC) is amending its NRC et the hearing befon b Energy discloes the name Corpontion regulations to require holders of a and Environment Subcommittes a(the insured state a depository specific Licenes for ponession of cartain House Committee on Interior and

e Lt^ID Emphaer>0 vm se, {M 909 / (Soday, July ED,1988 / Rules and Regulutlaar M'

.n a

Insular A! lairs, chaimd by Congressman rulemaking in the Federal Engiseur. De it=n

, and a nuclear power utfBty, >

Miks Synar cf Oklabesma (Synar purpose of this proposed rulemaking In a tumber of mess. letters fross Subcommittee) on August 3,1989. Both was ta clarify and make more explicit different enmmenters addressed similar the CAO mport and the Synar the mcordkeeping and documentation lesues.no NRC has identiSed and Subcommittee womasneerned ht, requirements specified in the recently rwponded to 12 separate leeues that because of poor or insuf5cient enacted decommissioning amendments include all of the afsnificant points a

knowledge as to the location within a (June 27,1988. 53 FR 24018).The raised by the commenters.Re licensee's site where licensee activities proposed rule would have requimd comments and NRC rwponses are were conducted, the NRC could licensees to maintain in a single presented below.

terminate a license and release facilities document and certify for completeness r

and sites for unnstricted use which may and accuracy, a list of b following.

Summary and Analysis oneWe Comments remain partially contaminated at levels (1) All onsite areas designated and which would be unacceptable, formerly designated as restricted areas

1. Comment he listing requinment I

Cumntly.NRC's rules on as defined under to CFR 20.3(a)(14) or under 6 expiration and termination of decommissioning recordkeeping (10 20.1003:

license which states that "Upon I

CFR 30.35(g),40.36(f),70.25(g), and (2) All onsite mas, other than approval of the decommissioning plan 72.30(d)) specifically require licensees restricted areas, where radioactive by the Commission, the limnese shall to keep certain records important to the materials in quantities greater than

• *

• include a hst of 6 location and t

3 safe and effective decommissioning of amounts listed in Appendix C to description of all equipment involved in the facility in an identified location

$$ 20.1001-20.2401 of to CFR part 20 limneed operations that is to remain until the license is terminated by the are or have been used, posussed or onsite at the time oflimnoe Commission. These records include storedt termination"is too broad. For example.

(3) All onsite areas. other than as one commenter argued,under the drawings of structures and equipment in restricted areas, where spills or other proposed requirement. even a I

restricted areas where radioactive unusuf eccurrences involving the typewriter can be considered as a piece l

i materials were used or stored, spread of contamination in and around of" equipment involved in licensed documentation identifying the location the facility. equipment, or site have operations" because the typewriter was ofinaccessible residual contamination, and detailed descri tions of unusual occuned that required reporting used to generate reports concerning b occurances or spil s of radioactive pursuant to $ 30.50 (b)(1) or (b)(4).

licensed activiti,es. Another commenter materials that can affect including areas where subsequent stated that"old equipment decommissioning.In addition NRC's cleanup procedures have removed b decontaminated and stumed to contamination: and inventory for others to use abould not be rules (10 CFR 20.2108) require licensees (4) All known locations and tracked until the termination of the to maintain records on the location and radionuclide contents of previous and licones.

L radionuclids content of waste burial current burial areas within the site.

Response.no supplementary areas untig g;conse termination.

Areas that contained byproduct information to the proposed rule stated material having half lives of to da s or that," * *

• equipment to be leh onsite I

lic t o n um at Irelevant lesa, or depleted uranium used on y for at the time of limnse termmation are of possible contamination will be shielding or as penetrators in unused p'.

appropriate for listing since these

~

identiEed at the actualtime of munitions, or sealed sources subrised be potential sources of exposure.,may It is tV decommissioning. For example, the to be used at " temporary job sites" not the intent of the Commisalon that h

licensee is not speciScally required to outside of the licensee's permanent licensees should list and track list (1) all anas designated and formerly facility and site boundary as spedSed in equipment such as a typewriter which designated as restricted mas:(2) all the license would not have had to be never was cxmtaminated or "old" areas outside of restricted areas that I sted.

equipment decontaminated to i

require documentat!on under the ne proposed rule also would have unrestricted area release levels and current decomrnissioning rules:(3) all required licensees who are mquired to returned to inventory until b time of areas outside of restricted areas where license termination; existing radioactive waste has been buried and submit a decommissioninkplan,to submit this list as part of t eir plan.

requimments in 55 20.401 and 20.2103 mquim documentation under the Finally, the propo:ed rule would have require records of surveys made to current rules: (4) all areas outside of required that the above list include the conarm that equipment is suitable for restricted areas which contain location and description of all unrestricted before it is removed from radioactive material such that,if the equipment, involved in the licensed the site. Rather, the intention of this license expired, the licensee would be operation, that is to remain onsite ther recordkeeping requirement is to ensure required to either decontaminate the license termination.

that any (contaminated) equiptnent that ana to unrestricted release levels or ne comment period on the proposed was decontaminated during apply for approval of disposal (e g.

rule expired December 23,1991. Public decommissioning and is to be left onsite tailings ptles); and (5) the location and comments were received on h ther license termination is identiBed.

desenption of equipment to remain proposed rule and are available for his would easiet b NRC in onsite aner license termination that was public inspection and copying for a fee performing a confirmatory surny.

considered to be radioactively at the Commission's Public m-*

nemfore, the rule has been modi 5ed to r

contaminated when final Room, located at 2120 L Street, NW, clarify that contaminated equipment decommissioning was initiated. Yet the (Lower level). Washington, DC.

that has been or will be sent offsite to NRC will need to know of the existence he NRC received nine comment authorized radioactive waste disposal and location of these areas and letters in msponse to the proposed rule.. sites or decontaminated and released equipment in order to perform its ne commenters consist of a broad from the site to some other location and conErmatory survey.

Institutionallicennes, a medical use need not be listed. A licanese is not On October 7,1991 (56 FR 50524), the licanoes State agencies, a Federal required to identify this equipment NRC published a notice of proposed Government, laboratory, several material prior to conducting the decontamination

'b

Federal D=w- / Vol. 58, No.141 / Monday, July 28, 1993 / unlas and Regdntions l

39630 I

and WManlog eparations.

less than p<isy half-lives are already endionaivity critwis for allowing release Speel5caDy. 55 30.35 cx3140.(2(c)(31 cuthorized by the Commission for for unrestrk:ted use; e e 57 FR 133a2, 70.38(cX3). and 72.54(eX2) will now decay-in-storage, for eumpla, under to April 16.1992. for cas6 spod 6c read as follows:

- CFR 25.92. Therefore, a 65<isy half. life guidance on this issue.

sppun tobe a more reasonable and Rulemaking activities for spedfying

... and All tecMe a tiet cxmW consistant limit. The rule has been residual radioectivity hmits for site the lommon and daampuan cial! equipmect to remain onsee aAer t-tamGmuon that mod 25ed accord.ngly. It is important 6 cleanup are pruently underway. As a was cocra=i:::ed when Eaal note that the p e of this result of these changes, only those arats deco =issioning was initiated."

recordkeeping, is to prevent and equipment that need to be surveyed contaminated areas and equipment from by the NRC prior to licznse termination

2. Comment. Extend the exemption to all sealed sources on or effsite provided being overlooked at the time oflicense are now required to be listed. One termination, because ofinadequate comment from a large research there has been no dameEe to or leakege recordkeeping. Any large amount of institution noted that licensed activitias from the sourms. Commenters licznsed material, no matter how short and work locations changed on a su ported NRC's amaanment that the the half-life, should be properly frequent basis, and over time, rooms ris of "cxmtamination" from any sealed controUed. surveyed. inventoried. and were renumbered or even disappeared.

documentad at all times. At the time of Although this rule only requires a list of te job is minimal under beanse termination,if th bonnene previously restncted areas,it is prudent for all licensees to retain records of normal use conditiona. One mmmenter

{ossessas a sufficient amount of shod general historical information to support questi ned the impad of the proposed alf-life materials to affect rule on the uses of brach tberapy decommissioning,the Commlation decisions by the licenses and the 3

• "'" ^^ * *'.*r*a*ss*m*m*'o n e*#*d would expect that the licensee would be Commission on what decommissioning ME that aH esaled sm sae able to identify the areas where these actions are necessary to release a facility should b exempted from the matarials are used and/or stored.

for unrestncted use. Detailed records rule provided there has Wen no age

5. Comment The proposed rule is required by the regulations and other or leabge from the sources.

unduly burdensome and will not ensure general information is often needed to Response.N NRC apses that areas that the stated aim is met.Derefore, the determine how closely various areas contamtng only analed ocuras, both on proposed rule should be withdrawn and must be surveyed to verify that they are or off the sae need w be listed problems that have been identified suitable for unrestricted use.His provided the sealed sourms beve not should be solved by existing methods, information also may be needed to leaked, or no coc amination remains such as during routine inspectiona, respond to allegations that artain after any leak. Sections so.2s(gM3) and under the current requirements, such as demmmissioning actions may not have 70.25(gX3) have been amended to reDod decommissioning regulations [10 CFR been adequate to protect public health this decision.

part 30.35) and 10 CFR part 20, subpart and safety.Therefore,in eddition to the

3. Comment. Will the proposed M. and through real time inspection and spedfic remcds required by this rule, all requirements be retroedive?

enforcernant programa. At some large hcensees are snoounged to maintain Response.The NRC does not intend research institutions, the burdens records of generalinformation that will for the requirements to be retroacuve.

crestwlby the pnposed regulation allow them to produce an ecx: urate (QA)

However, the list should be as complete would be ve significant because historical account of alllicensed as posuble and hansees should go back activities wi small amounts of activities conducted during the life of mto the history of their liwneed radioactive materials are conducted la the facility.

eperation as far as possible to develop numerous rooms and buildings.

As a predical matter, the curmnt their initial list. After the initial list is Respense.he Commission has regulations do not provide the assurance Fenerated,it would need to be updated arefully considered the comments that all snes that need to be surve at least every 2 years.nerefor*-

received and reviewed the impact of the will be identified.This rule prov 5 5 30.35(gM31. 40.2s(f). ro.25(gX3). and proposed rule. The discussed changes that assurance. As now modified, this 72.30(dX3) have been amended to have been made to minimize the rule applies to those areas of actual or reflect this position.

recordkeepingburden without potential contamination,whether

4. Ccmment. Aside from exempting diminishing the diectiveness of the restncted areas or arsas outside of radioadive materials that possess hall-rule. In addition, aside from the restricted areas, that the licensee would lives of to days or less, an exemption required list of pnvious and current be e ed to identify.

should also be given for those restricted anas designated in the 6.

ment.The requirement to list.

radioactive materials that

.h time proposed rule,the final rule requires in a single document,is redundant and of possession have also to very only the list of areas outside of too restrictive. Listing should allow low levels.

restricted areas that require reference to other records.

Response. In principle it esems documentation (records) in the existing Commenters stated that licensees reasonable to exempt radioactive rule under is 30.35(gM1). 40.36(fX1),

already have the required information materials with half-lives greeter than 10 70.25(gXt). and 72.25(gM1) for spills or under existing NRC regulations and days if during their time of possession other unusual ocrurrences involving the license conditions. Although not in a they have decayed to very low levels.

spread of contamination in and around specific listing, the information can be However,in practics this would be the facility, equipment, or site. Further, obtained from the licensee's existing difficult to implement because the NRC these records may be limited to records. Commenters siso stated that the would need to define, et that time, what instances when contamination remains proposed requirement for a single NRC considers to be very low levels."

after any cleanup procedures or when document is too restrictive and that the in addition, most licaosses cannot there is reasonable likelihood that current NRC decommiss!aning predia the exad time of their licarse contaminants enay have spread to recordkeeping requirement (e.g,10 CDt termination. However, the NRC ogrees inaccessible areas.he NRC regards 70.25(gl) alree,dy requires licansees to that the 10<isy half.his is too remaining contatninstion as anything keep decommissioning records "In an n

restnarvs. Moreover, materials srtth above the NRC's most current residual 66enti6ed location."Certain dompoents m

I LL LJ W W v vm a e uw v

%, m

_n p 2

kept by the licensee et various locations yd this name amount for certata handle this concern bomune it covers al!

}

for decomminaf oning purposes (e 3.. no-matwials (a g.1-125) can be crempt ensib aroes.Refore, proposed built drewings submitted with original undw to CFR 30.71. Schedula B.

$$ 30.35(g)(3)(111) has been deleted kom

~

license application, results of wipe testa. Amfore to reduce the sise of the the Anal rule,as have proposed I

etc.) need not be duplicated by the

" single document" and to be consistent $$ 40.36(f)(3)(111) and 70.25(g)(3)(111).

licenne at the centrallocation but only with current requirementa,it was

10. Comment.1.isting of buried weste referenced to their locations from a proposed that the thrnhold amount be should include offsite as well as onsite centrallocadon.These commenters increased 10 for 100) times.

specification if such waste has not been l

) further stated that to rquire that records Response. Upon consideration of this disposed ofin a Ilconsed disposal be maintained in a singie document will comment, the NRC has concludr,d that

facility, impose an unnecessary burden on only areas outside of the licensee *s Response.no Commission agrees licensees who must create a new restricted areas that actually have been with this comment. However.10 CFR document containing information found contaminated by these materials in a 20.2108 " Records of Waste Disposal."

in other documents.

way that affects decommissioning need alrndy requires that these records be Response. AlthouS the required be listed. Any areas contaminated above kept "until the Commission terminates h

information may be redundant because the NRC unrestricted area release each pertinent license requiring the the information contained in the " single criteria outside of the licensee's record." Tbwefore, the proposed document" may exist in other licensee restricted areas and covered under to requimment to list "all known locations records, this information may not be in CFR 30.35(g)(1) and corresponding and radionuclide contents of previous a form either readily available for sections of to CFR parts 40,70, and 72 and curwnt burial areas within the site" is modined in the final rule to list all inspection. or more important. to would require inclusion in the list as areas outside of restricted arms whwe facilitate a confirmatory survey prior to discussed utlier under Comment 5.

license termination. In addition.

The NRC notes that the small curnnt and previous wastes have been information needed in the " single quantitles of materiallisted in to CFR buried as documented under 10 CFR document" can be lost over a period of 30.71. Schedule B. can only be 20.2108, since the purpose of this rule time because there is consequently no distributed for certain uses by a licensee is to consolidate all nomesary specific requirement for the licensee to holding a distribution licena pursuant information in one list.

create or maintain such a record until to 10 CFR 32.18. Persons posacosing However.the Commission is the end of the license.This was one of such material are exempt from the concemed that there may be arms the points made at the huring before regulations pursuant to to CFR 30.18.

outside of the licensee's restricted area the Energy and Environment Distribution licenses under 10 CFR containing radioactive materials which Subcommittee of the House Committee 32.18 authorize distribution of exempt have radioactive concentratione greater on Intwior and Insular Affairs, chaired matuf als in approved chemical /

than levels authorized by the Commission for unrestricted release.

by Congressman Mike Synar of physical forms for specified p which are not considered to be spills or only. Manufacturers of b uct Oklahoma (held on August 3.1989). -

Thus, to assure that the needed materials are strictly pro bited under unusual occunences, and which are information both exists and is available. 10 CFR 30.18. from distributing currently not documented under 10 CFR the NRC is requiring the subject list and radioactive materials to the general 20.2108 because the limnses either does not consider these matwials currently to that it be a single document. Guidance public, no master how small the

{

}

explicitly specifying the level of detail quantity, without the NRC approving be waste, or plans to dispose of these expected in the list is being developed the intended application of the material materials before the lloonse is terminated.no Commission is and included in a Regulatory Guide on on a case-by-case buis, concemed that these areas. if forgotten material facilities decommissioning

9. Comment.no proposed at the time of limnae termination, may recordkeeping requirements.

requirements under 10 CFR become de facto areas of onsite disposal

7. Comment.He proposed 10 CFR 30.35(g)(3)(lii) are inconsistent with 30.35(g)(3)(i) which requires a listing of other regulatory requirements because of redlooctive waste. Onsite disposal "all onsite areas dalgnated or formuly licensees would be required to keep would have to be authorized by the NRC designated as restricte d areas" should records of allincidents requiring reports per licensee applicatico under 10 CFR include an indication of the type of as specified in to CFR 30.50(b)(1) or 20.2002, subpart K and documented.

material used in each of these areas.

(4), and yet under cunent to CFR Therefore, to clarify the original intent Response.He Commission does not 30.35(g)(1), records of spills or other of this proposed requirement, believe that it is necessary to include unusual occunenus in restricted arena

$$ 30.35(g)(3)(iii). 40.36(f)(3)(lii), and 70.25(g)(3)(111) of the proposed rule have this information in the list required by. may be " limited to instanms when been changed to include in the list:

this rule.The documentation contamination remains after any "All areas outside of restricted areas requirements currently contained at to clunup procedures * * *."

CFR 30.35(g)(1) and corresponding Response.De NRC sgrees that there which contain material so that,if the

.ections under to CFR parts 40. 70, and was an inconsistency between the license expired thelimnase would be

72. already require the information for proposed requirements and current required to either decontaminate the situations the NRC considers regulations under to CFR 30.35(g)(1).

arm to unrestricted reluse levels or appropriate. including spills and The latent of the proposed apply for approval for disposal under to

$$ 30.35(g)(3)(iii) was to ensure that at CFR 20.302 or 20.2002."

unusual occurrences.

the time of actual decommisaloning.all See the response to Comment 5 for

8. Comment. The proposed requirement under 10 CFR arms (i.e., rwtricted areas as well as.

NRC case specific guidance concerning 30.35(g)(3)(ii) is inconsistent because unrestricted areas) that may still have residual radioactivity limits for site licensees are required to IIst all onaite contamination resulting from spills or cleanup.no NRC does not believe that similar requirements are nomssary for arms,other than restricted arsaa for other unusual occurrences are radioactive materials in quantitles identified. no NRC agrees with the pan 72 licensees,because these gruter than a certain threshold amount commenter that the current utrement limneees are not IIkely to have condud (i.e., new part 20 appendix C values),

unde 10 CFR 30.35(g)(1)is s cient to of operations which would rwult in t

- e8e mmmm.e, n n..,

30833 Federal Regiseur / Vol. SS. Na,141 / bionday. July 28,1933 / Rules and Ragnistions

= - - - - - - -

=== wareas ariales hem munitions. licaneses will be required to to the Paperwork Reduedes Asof toep crustiams other than unusual establish and maintain a list, omatained (44 U.S.C. 3501 cl esq.).hses j

eccweemons or spills, which are aheady in a s le document.This list must be

-- ' - -ts were approved the ce*cred u

every 2 years, and include the Odios of Management and

11. Casupant. Proposed.- -

nts llowing:

approval numbers 3150-e017,3150-under 10 GR part 72 should' allow (i) All areas designated and formerly 0020,3150-0009 and 3156-4132.

independent spent fuel storage facilities designated as restridad areas as daEned Pubuc reporting burdse for this that had previously held a part 50 under 10 CFR 20.3(aM14) or 20.1003; colleason ofinformation is =H==WI to l

liannes to use their part 50 records (La (ii) AU areas outside of restricted a

5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> per licenses response.

-.50.75(g)) :o satisfy the listing areas that require documentatica under inclu the time required reviewing i

utrementa.

i 30.35(3)(1) lor 40.36(f)(1) er 70.25 instructiosks. searching existing data j

ponse. Current part 50 licensees (gX1).);

sources, gathhring and maintaining the l

will have to apply to the NRC fw a (iii) AH areas outside ofrestricted data needed and reviewing the j

separate Econae if they wish to establish areas where marrent and previous wastes collection ofinformation. Send have been buried as documented under comments regarding thle burden

)

an independent sp)ent fuel et installation (ISFSI under 10 part 10 CFR 20.2108; and estimate or any other aspect of this

72. Whether the part 72 licenses was collection ofinicemation including for.my a part 50 licensee is i===wial are(iv) All areas outside of restricsed j

as which contain material that, if the suggestions for redudag this burden, to I

to tWtc in determining whether the limnos expired, the licenses would be the Inbrmation and Roomds applicant should get a part 72 limass, required to either decontandante the Management Brandt (MNBIk-7714),

- ' - for a ares to unrestricted release levels er U.S. Nuclear Regulatory e-a san.

j The recordkaop(ing --[d)) is similar to apply for approval for disposal under to Washington. DC 20555; and to the Desk part 72 th-72.58 that for a part 50 licanes (50.75(3)h CFR 20.302 or 20.2002.

Of5ce*,OfBos oflaformation and i

nevertheless, for the reasons explained Section 72.30(d):A list contained la a Regulatory Aflairs.NEOB-3019.(3150-4 in response to am-t 6.this does met le document.he list must be 007 7. 3150 4020,3150-0000, and 3150-r j

tad every 2 years and include the 0132).OfBce of P--

--- 2 and allow for an a from the u

Budget. Washington,f3C 20503.

{

rovisions of the requarement g:

i fore, regardless whether the part (1) All areas designated and formerly 3,,7 .I#

De==i=@= bas a Baal 1

72 li--is also a holder of a part 80 designated as restricted areas as defined r

I bconse,the part 72 honness abound still under to CFR 20.3(aX14) or 30.1003:

I provide the required (ii) All areas outside of restridad regulatory analy s for p

1

12. Comment. A aseds to areas that require da-tetion under regulation. %e analysis cuandass the d

be included about the degree of

$ 72.30(dK1).

costs and beneSts of the alternatives I

compatibility this rule wdl requise with B. For those N=- who are considered by the -ma i-m e

respect to the Agreement States.

required to submit a d===i =laulag Commissica mquested public comuments l

i Aesponse.N NRC agrees.In this plan, new requirements are applicable on the drak regulatory

. but no 088888t8 *o* 8eC80'*d-

)

case, the Commi== ion believes that there at the plan submittaland license i

is no reason for strict compatibility, and termination stage.

because of-r=-a= en the proposed that while the Agreement States should Sections 30.3a(cK2Kiil#DL rule amendments, algnia-e chmages a

have requirements afinilar to those being 40.as(e###il#p),70.38(cK2KiliKDJ and wue made to the Saalrule amendments adopted in this Anal rule, they should 72.54(6#41.The information required in which considerably lesses the impact be permitted flexibility to apply esore section A (the list of areas) ebove and on licsonees.hsmiers,the duet stringent requirements if the States any other information not regmrod by analysis was changed to i

j deem them approprista.%eraless,the section A that is considered necessary to re the matiand Saal rule and its 3

j r===i= ion propened a Division I support the adeque ofthe subsequent reduced impam.

matter of compaHMlity and provided decommissionin formanrevel.

N esal is forlaspedica the Agreement states an opportunity to Secoons so.

3Aso.4Fe#31 isthe Publicnam--g goem, j

--ans no Agreement States 70.3s(cK31,and 72..isfe#21." *

• and 2130 LStreet.NW.(leaserinvol).

generally agreed that audialevel of shalllaclude a list coutsiales the Whingtem.DC.

j compatibilitywas =ad location and description of aR a,,g,yg p

[the was Assequisedbythe ReSulatory l

Sumenary animalEmleh M

=

A.De final rule contains new when final decommissioning was fiezildlity Act of1980. 5 U.S.C. 406(bl.

the Commission cert 18es that this rula.

requirossets applicable to the llann=d intuated."

l posenados and use of somos, if adopted, will not have a signisomst byprodud.and special nuclear EnvironmentellanpocC.

J impscs span a substantialnumber of

?.xclassen senau entities. N Rael rule, consory to materials, and independent storage of the proposed rule,will only eSee a j

spant nudear fuel and high-level N NRChas determined that this radioedive waste during cagaing regulation is the type of action small number of small entities bensees Sectio.-

described in categorical exchasion 10 licensees wiH mot be aquired to list decdity _ds_ Jo.35(g#3140.3s(f#34 and CFR St.22(cK3) (ii) and (iii).Derefore, either sealed sources that do set leek er a

i 70.2s(g#31. Eamopt for areas containing neither an environmentalimpact unsealed licensed meterials with half-4 i

only sealed seuroes(prov6ded the statement nor an environmental lives ofless than SS days.Even for j

sources have notleaked er ao assessment has boss prepared for this effecs d small entity licassess. he

-e==a Ha= vessias aAer cleanup of regulaties.

added rements would requipo only any leakl ar bypredes materials having e emell not eneseding 8

l anly half. lives af less them as days, er P8Parwart Aeduceson Act Statesmat op roulananaly 5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> to esmpus dee

)

arealem used only der

%Is Saalrule essends lalorisation en sad tosses the required as er as puestators la enesed anti-es== _ _,'

^ shotseemibgest ashkhessentially deanments i

i i

J

- ~. - -

,m,. \\

=

informaties the Bonesse abeedy has er sana, set as amended. son,see.essea.

(ul) * * *

~

'will have. In lect. Ucanese costs may be 1342,as====8 d 1344,134s.(en U.sc (D)'b infor sa,= reqdredin seat. sees,seesl.

IMu 3) ed hh reduced to the extent that thaus Secties alL7 also leeuse under Puk L e6-by$30.

that iscensidmed requirements nDon the license tobe so esc. o e stat a 4

C.

neceanery to support the adequacy of ties terminated more expeditiously,

==lesioning ple du appM Se Stat. es4. as amended (42 U.sc 22341 Rockfit Analysis Secuan 30.81 aMwued under sec.187.es l

I l

l The NRC has detwmined that the SteL ess (42 U.SC 2237)-

(3)Upon approval of the decommissioning plan by the I

backat rule.10 CF1t 50.109,does not

2. Section 30.8 is amended by revising Commission,the licensee shall apply to this rule,because these amendments do not involve any Paragraph (b) to read as follows:

Comp ete decommiseloningin l

i provisions which would impose backSts 9304 tafe8medanesEMusa accordance with the approved plan. As therefore, that a backSt analysis is not

'i ' - -

a Snal stop in decomanisaloning,the as de8ned in to CFR 50.109(aX11.and licenses shall egnin submM the (b)De approvedinformation information required in paragraph collection requirements contained in (c)(1Xv) of this section, shall certify the this part appear in H 30.9. 30.11. 30.15.

disposition of accumulated westes from List of Subjects 20 CFR M 30 30.19,30.30,30.32,30.34.30.35,30.38.

etar-mmissioning, ed shall include a Byproduct material. Criminal penalty. 30.37. 30.38, 30.41, 30.50, 30J1. 30.55, list containing the location and

" " to remain Government contracts.

and Appendix A.

description of all 'twininaden that was j

onsite aber Ucense l

intergovernmental mletions. lsotopes.

contasminated when Snel Nuclear materials. Radiation protection.

3. Section 30.35 is amended by

'i=""='"'= lag was initiated.

Reporting and recordkeeping redesignating peregraph (g)(3) es l

mquirementa-paragraph (gH4) end addina r.new Paragraph (g)(3) to read as follows.

PART 40-000AESTIC UCENSOfG OF i

20 CPN 7lert 40 Criminal penalty.Covernment 330Js Finenelalanswenenand 300RCE BRATEfEAL, contracts. Hazardous r ; &

reeeressping ter eseenantenienhg.

5.no authority citation for part 40 transportation. Nuclear materials.

continues to read asloHows:

Reporting and recordkeeping (g) * *

• for areas exataining osdy Aegisseys seas. sa as, es. as, et. set.

requirements. Source material. sad (3) Except 1an.1as. tea, es seat. est. ess, tas, nea.

sealed sources (pmvided the sources

]

Uranium.

have not leaked or no contaminaties cas, est. ess, u emended, sea.1se(al, ss.

20 CTR part 70 mmains aBar any lenk)or ud 84.Puk L e640s. es Stut. sess, es a-d some, son. 234, as, sist. 644. as C>iminal penalty.Hasardous mawrials only haw. vm ofless amended (43 U.sc 3054(e)(2) 30es.20ss.

materiale-transportation, hinterial than 65 days.a containedla asingle a m.3 m.2 m.a m.2 m.2 m. m s.

4 control and socounting. Nuclear documan' md updated every 2 years, of 3333.2m.23sth som.374.Pn L es-sm materials. Packaging and containes, h foHowing, designated and formerly#$[3$,*k 3,,[,kT4 Radiatim prometion. Reporting and (i) AU areas recordkeeping requirements. ScientiSc designated as restricted areas as de$ned en saded.1244.134s(43 UE seat ases.

equipment. Security measures. Special under 10 CFR 20.3(a)(14) or 20.1003; saast sec. afs, es seat. sort, as easeded 17 nuclear material.

(ii) Allareas outside of restricted Pub. L sF-41s.es Stat. 3057 (43 U.5C a

areas that respdre documentation andr M secessaf einelessedPub.Lesdot.

f 20 CFR Part 73 5 30.35(aM1).

esc.10.et stat.sest (en UE sast).

Manpower training program. Nuclear (LH) AYareas outside of restrksed ascales 40.31[s) mise leased neder sec. sat, i

materials. Occupational safety and arem where cunnat and previous westes es sist. ese tea U.sc atsal. saanes to.es health. Reporting and -.,m hasbenburied as documenedinde, else issued madur ses. see to Stat. see, as requirements. Security maneures. Spent 10 CPR 20.2108:ed emended (43 UE 33341. Semies att else r

g under sec.ter.es stat. ess (<a J

For the reasons est out la the M*g" fuel.

g preamble and under the authority of the", W b Ucmes aptred.du Hamasse6. Section 40.8 is amended by revising istoude Energy Act of 1954, as eeneded would be required to either the Energy Reorlantastion Ass of1974 decentandnew the mesamuestrksed Peregraph(b)to read as louews:

as amendw. and 5 U.S.C. 552 and 553. M3,,,g,,,g,w,P,P,y{g,* PPM *Ig, ganA keernadenenemmen go i

• "8'**"'

'P' I

the NRCis ado the fouowing i

amendments to parts 30. 40.70.

2002.

(b)ne appsowedinfonnaties and72.

4.Settien 30.36 is amanded.

mn.,*ia= requirements = M is PART 30-4 TULES OF GENERAL APPUCABluTY TO D004ESTIC

1. 7%

(cX2X XD)es this part appearin H 40.2s.ama.

(cX2XuiXIQ, asuwparesse@

40J1. 40.35,40.36. 40.41. aes, d44.

UCENSING OF SYPRODUCT (c)(1)(611XD).and mislag pueEiepa 40.e0. 40.e1. 40.sa. 40.as, and RAATERIAL (cM3)to read as foueurat Appendix A, 1.He authority citatica for past30 938Ag Esperenenand geneinamen as-7.. S.ectica 40.38 is esmeeded by continues to reed as follouret Nonnese.

,,gg,

Aesbestyi sets. St. e3.1e1.1st.1ss.1sB.

1

-Peregraph (

e eser j

64 Sant. est. Dat, est, eS4. eSS, as essended.

(c) * * *

• Peregr*P uX3)to need a h

sec. m.as stat ++4. as amended (4 U.sc 4

2111. m s.saet.r ss s ss.s ss.sseek (2)* *

• 3 f.

i d

g-

---

m-----

.,m

_,-.-.,,,,.,-,m,-r

,r,.

I 26, 1993 / Rules and Regulations

~

~

3g834 Federal Engister / Vol. 53, N2.141 / Monday. July

[

.k gand phenoiel enowenee and Aushortry: Secs. 51. 53, te1.1s2. t63, as. and (c)(2)(ill)(E) as paregraphs

, romerenegueng for '-

Stat. 929. 930. 94a. 953,954, as amended"c (c)(2)(lii)(E) and (F) adatng a new-sec. 234. 83 Stat. 444 as amended (42 U.S paraBr*P (c)(2)(111)(D).and revising h

gry...

2071. 2073. 2201. 2232. 2233. 22s2): sem.

act, as amended. 202. 204,20s, as Stat.

Paragraph (c)(3) to road as gows.,

D) Emmpt for arms containing depneud uranium used only for jc."564 I

d 64 shmiding or as penetrators in unused Sections 70.t(c) and 70.20(a)(b) also issued munitions. a list contained in a single unders*m. 135.141. Pub. L 97-425. Se Stat.

ICI,,,

1 document and updated every 2 yens, of 2232. 2241142 U.SCsot $5.101st). Section 70.7 also issued under Pub. L 95-401, sec.

(2) * *

• the following: designated and formerly (i) All areas

10. 92 Stat. 2951 (42 USC 2152). Section Ilil) * *

• designated as restricted areas as defined 70.21(g) also issued under sec.122 as Stat.

(D)De information required in under 10 CF1t 20.3(a)(14) or 20.2003; 939 (42 U.S C 2152). Section 70.31 also

$ 70.25(g)(3) and any other information lii) All areas outside of restricted issued under sec. 57d. Pub. L 93-377. as required by $ 70.25(g) that is considered I

areas that require documentation under Stat 475142 U.SC 2077). Sections 70.3s and necessary to support the adequacy of the 70.44 also issued under sec.1s4. as Stat. 954, decommissioning plan for approval;

$ 40.36(f)(1)*.

as amended (42 U.SC 2234). Section 70.st (iii) All areas outside of restricted also lesued under secs. tas.1s7. as Stat. 955 (3)U on approvalof the areas where current and previous wastes (42 U.Sc 223s. 2237). Section 70.62 also P

have been buried as documented under issued under asc.10s es Stat. 939. m decommissioning plan by the 10 CF"R 20.2108; and -

• w-d (42 USC 213s).

Commission,the licensee shall (iv) All areas outside of restricted

10. Section 70.8 is amended b complete decommissioning in areas which contain material so that,if revising paragraph (b) to read as follows: azordance with the approved plan. As the hcense expired, the licensee would a final Cop in decommissioning.the be required to either decontaminate the 370.4 Intennotion eeneeseen licensse shall again submit the area to unrestricted release levels or rW.-._.ts: 0445 approveL '

information required in paragraph (c)(1)(v) of this section, shall certify the apply for approval for disposal under to

• i CFR Part 20.302 or 20.2002.

(b) Re approved information disposition of sacumulated wastes from collection requirements contained in decommissioning. and shallinclude a

8. Section 40.42 is amended by this part appear in $$ 70.19,70.20s.

list containing the location and redesignsting paragreph (c)(2)(iii)(D) as 70.20b. 70.22, 70.22. 70.24. 70.25, 70.32, description of all equipment to remain paragraph (c)(2)(iii)(E), adding a new 70.33.70.34.70.38.70.39.70.42.70.50 onsite after license termination that was paragreph (::)(2)(iii)(D) and revising 70.51,70.52,70.53,70.57,70.58.70.59 contaminated when !!nal paragraph (c)(3) to read as follows:

and 70.60.

decommissioning was initiated.

e e

g E42 Empirenen and tenninoden of

11. Section 70.25 is amended by redesignating paragraph (g)(3) as PART 72-UCENSING paragraph (g)(4) and adding a new REQUIREMENTS FOR THE ICI,,,

paragraph (g)(3) to rud as follows:

INC(. PENDENT STORAGE OF SPENT (2),,,

NUCLEAR FUEL AND HIGM LEVEL (iii) * * *

$76.2s Financialeeswenes end RADICACTIVE WASTE l

(D) The information required in recordkeeping for i M -

2.;.

13.%e authority citation for Part 72

$ 40.36(f)(3) and any other information centinues to read as follows:

i required by 5 40.36(f) that is considered (g) Except for areas containing only necessary to support the adeqe.acy of the (3)

Autherty. sees. 51. 53. 57. s2. s3. 65, 69.

decommissioning plan for appreval; sealed sources (provided the sourtas st.1st,1s2. tas.1s4. tea. tar. see, as stat.

have not leaked or no contamination 929.030,932.933.934.935.94s.953.954 1

(3) Upon approval of the remains after cleanup of any leak). a list 955, as amended. sec. 234. 83 Stat. 444, as decommissioning plan by the contained in a single document and amended (42 U.5C 2071. 2073. 2077. 20s2.

20as.2005.2099.2111.2201.2232.2233.

up(dated every 2 years of the following:

Commission, the licensee shall i) All areas designated and formerly 2234. 2236. 2237. 223a. 22:2); sec. 274 Puk complete decommissioning in j

accordance with the approved plan. As designated as restricted areas as defined L e6-373.73 Stat. sea, as ameded (42 1

a final step in decommissioning,the under to CFR 20.3(a)(14) or 20. 003;

}I b'

U sa S 2

licensee shall again submit the (11) All areas outside of restri USC 5641. 5842. 564s); Pub. L 95 401, sec information required in ph areas that require documentation under

10. 92 Stat. 2951 (42 USC 5451); sec.102 (c)(1)(v) of this section, certify the

$ 70.25 1);

Pub. L 91-190. a3 Stat. 453 (42 USC 4332).

(iii) A 1 areas outside of restricted sas.131.U2 u3.us U7.141.Puh L disposition of accumulated wastes from decommissioning, and shallinclude a areas where current and previous wastes97-425. es stat. 222s 2230. 2232. 2241. sec.

have been buried as documented under 14s. Pub. L 100-203,101 Stat.1330-235 (42 i

list containinE the location and 10 CFR 20.2108; and U3C to151. to152.10153. tots 5.10157 description of all equipment to remain (iv) All areas outside of restricted 10161 totas).

2 1

onsite after license termination that was areas which contain material ao that. if section 72.44(s) aleo losued under secs.

contunineted when final the license expired, the licensee would 142(b) and 14s(c), (d). Puh L 100-203.101 decommissioning was initiated.

be required to either decontaminate the Stat. U30-232, tuo-23s (42 U.$C

^

area to unrestricted release levels or toss 2(b).totas(cl.(dl!. Sectica 72.4s also,

lesued undw sec. see. as stat. 955 (42 m.

sPP y for approval for disposal under 10 223s); sec. U4. Pub. L 87-425. Os stot. 223o l

PART 70-DOMESTIC LICENSING Op CFR part 2E302 or 2E2002.

(42 U.5C 10154). Sectma 72.as(d) also SPECIAL NUCLEAR MATERIAL tesued under sec.145(g). Puh L 100-3o3 9.The authority citation for part 70

12. Section 70.38 is amended by 1os seat.1230-235 (42 USC iets5(s)L oentinuss to read as follows:

redesignating paragraphs (c)(2)(111)(D)

Subpet I also lesued under secs. 2(2L stt 51.

O i

4.-

s_.

Tederal Kagister / Voi, SE, No.141/ Monday, July 26,199l1/ Rules and Regulattnna 33s35 l'

l.117ial,141(bl. Pub.1.87-425. 96 Stat-DEPARTMENT OF ENERGY establish a new general cuthorization tar

. 7202. 2203,22o4,2227,2244 (42 U.S.C.

assistance that would enhance the 10101,10127!al,10161(h). Subperts K and L 10 CFR Part gio operational safety of existinS civilian buc!ste$n $ 81 8( thus oli ti the are atso larued under sec.123,98 Sret. 2230

.!42 U.SE 10153) and 218(a) 98 Stat. 2252 Aaslotence to Foreign Atomic Erwiry (42 U.SC 10194).

Activillet

' good for speciEc authorization by t e

14. Section 72.30 is amended by AGoecy: Office of Arms Control and Secretary of Energy for that assistance.

In this mgard the new generd

{

}

revising the section bending, Nonproliferation, Department of Energy. authorizadon can be viewed u building redesignating paragraph (d)(3) as Acnow: Final rule.

on to the ton standin and still retained, autkority in f,810.7(b), which paragraph (d)(4) and adding a new suuuARY:The Depanment of Energy paragraph (d)(3) to read as follows:

(DOE)is amending its regulations generally authorizes assistance to conceming unclassiEed assistance to Prevent or correct a current or imminent (72.30 Financlet assuranos and foreign atomic energy activities. These radiological emergency posing a recordtseping for decommissioning.

amendments will: Establish a general significant danger to public health and authorization for assistance thatwould safety. However, unlike for other genent (d) * *

• enhance the operational safety of authorizations, applicants must obtain (3) A list containedin a single existing civilian nuclear power reactors the written permission of the in the list of countries; add a deEnition Depanment o7 Energy in order to use the document and updated no less than of " operational safety" as this concept new general authorization. Accordingly, every 2 years of the following:

relates to existing civilian nuclear the new general authorization can be (i) All areas designated and formedy power plants; update the 11rt of viewed as a hybrid authorization in that designated as restricted areas as defined countries requiring specific it will not be automatic, as for example under 10 CFR 20.3(a)(14) or 20.1003; authorization for assistance in the a general authorization under $ 810.7(a),

but does not involve the time-and production of special nuclear material (ii) All areas outside of restricted by deleting certain countries and adding consuming process required for specific areas that require documentation under others; require specific authorization for authorizations. DOE will review 8PP cations to confirm that proposed li assistance relating to certain research

$ 72.30(d)(1).

and test reactors; require that any activities meet the criteria for use of the authorization and are consistant with materials, equipment, or technology

15. Section 72.54 is amended by transferred unoer cenain general the objectives of U.S. national security, redesignating paragraph (b)(4) as authorizations not be retransferred to a national disclosure, and nuclear paragraph (b)(6), adding a new country without prior U.S. Covernment nonproliferation policy. In addition, paragraph (b)(4) and revising paragraph consent; and make certain technical DOE will provide each application (e)(2) to read as follows:

changes, such as updating addressees to rs+elved to the Departments of State whom reports and requests under these (DOS). r mmerce, and Defense. the 5 72.54 A#cason for sormiriacon of regulations should be submitted.

Arms Cutrol and Disarmament Agency.

EFFECTIVE DaTE:These amendments are and the Nuclear Regulatory Commission, along with notice of DOE's l

l effective on July 26,1993.

Proposal to allow or disallow use of the FOR FURTHER eWRMADON C0KTACT:Mr.

(b) * *

• ti t et m th S

I t Export Con I ons

$ 3 d) ) an yo e i formation be given wit 30 days. Ifit appears required by 5 72.30(d) that is considered Internationals fogua 15-4 ' U S.

that review is required beyond the 30-necessary to support the adequacy of the De[ep.rtment of Energy 1000endence Ave. SE. Washington, DC day pe e

decommissioning plan for opproval; g3

• PP cant within the 30 day period not li 20585. Telephone (202) 586-212.5.

to promed until DOEinforms the

(,j...

SUPPLEMENTARY DeFORMATIOen ap{licant otherwies.

a as intent of the new general (2)The terminal radiation survey and

.1. Background associated documentation demonstrates authorization is to:

to CFR part 810 implements sar*'"

• Expedite safety-related assistance to that the 15FSI and site are suitable for 57 b.(2) of the Atomic Energy Act of civilian nucleiar power plants.

release for unrestricted um and the 1954,as amended by section 302 of the particularly in the former Soviet Union.

licensee include a list containing the Nuclear Non-Proliferation Act of1978 and support the U.S. Governmer,t's location and description of a!!

(NNPA)(42 U.S.C. 2077 (b) (21).This efforts to improve the operational safety equipment to remain analte after license section requires that U.S. persons who of nuclear power reactors worldwide.

termination that was contaminated engage directly or indirectly in the e Enable U.S. firms to compete more when finaldecommissio l 8 was Production of special nuclear material effectively against foreign competitors initia*d outside the United States be authorized for safety-related nuclear business.

Dated at Rockville. Maryland. tnis 12th day to do so by the Secretary of Energy.

. Eliminate unneassary paperwork ofMy1es2.

According to the pr.rt 810 regulations, and time-consumingbureaucratic For the Eclear Regulatory Commlaslon, assistance by U.S. persons to nuclear delays.

power reactor-related activities outside.

Over the past several years. DOE has Jam 6s bL Teyner, the United States is generally authorized re<mlved numerous requests from U S.

nervtiveom P'* ""

for countries not listed in i 810.8(a).

firms to provide safety-related Ira tkc sutrsas riisd 7-1M3: s 45 ami which sets forth the circumstances in assistanca to foreign nuclear power which speciSc authorization is required. plants and has granted those requests A main purpose of this revision la to after careful executive branch rev6ew.

l l

.