ML20059M127
| ML20059M127 | |
| Person / Time | |
|---|---|
| Issue date: | 09/21/1990 |
| From: | Joseph Austin NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Ronald Bellamy, Cline W, Mallett B NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| Shared Package | |
| ML20059M128 | List: |
| References | |
| REF-WM-3 IEIN-90-038, IEIN-90-38, NUDOCS 9010030175 | |
| Download: ML20059M127 (4) | |
Text
-
[yNM UNITED STATES l
NUCLEAR REGULATORY COMMISSION n
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SEP 211990 l
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l MEMORANDUM FOR: Those on Attached List i
1 FROM:
John H. Austin, Chief R69ulatory Branch Division of Low-Level Waste Management i
and Decomissioning Office of Nuclear Material Safety and Safeguards c
NO; INFC'MATION CONCERNING FINANCIAL ASSURANCE
SUBJECT:
n
'Ju2HMTALS FOR DECOMMISSIONING AND INFORMATION NOTICE NO. 90-38 This memorandum is being sen, to Regional offices to inform persons responsible for handling financial assurance submittals for decommissioning that information contained in Information Notice No. 90-38 has been superseded as a resultofguidancefromtheOfficeofGeneralCounsel(OGC).
It is the view of OGC, based on Commission guidance, that such submittals are not to be subject to fees under 10 CFR 170, and so should not be handled as license amendments, according to an OGC memorandum dated June 19,1990(Enclosure 1).
OGC noted in the Statements of Consideration for the final decommissioning rule I
that funding plans would not be incorporated into reactor licenses.
In OGC's view, this statement applies to materials licenses as well. Although the I
l decomissioning rule requires that financial assurance documents be submitted, it does not state that NRC must review and approve the submittals.
Because the l
rule does not require the NRC to conduct a health and safety review or to approve the submittals, there is no legal basis for charging a fee.
l It is acceptable to annotate materials licenses to identify the licenses that require decomissioning financial assurance submittals and to document receipt of the submittals.
In this instance, the collecting of fees would not be l
required.
Further information regarding the use of license annotations is provided in Enclosures 2, 3, 4, and 5.
i We recomend that your programs for handling these submittals be revised to annotate licen;es and not add financial assurance license conditions. A revision is being prepared to Policy and Guidance Directive 90-2, " Standard Review Plan for Evaluating Compliance with Decomissioning Requirements for i
i Source, Byproduct, and Special Nuclear Material License Applications." A l
supplement to Information Notice No. 90-48 will be issued shortly to advise l
material licensees that fees will not be charged for the submission of financial assurance certifications or decomissioning funding plans when the l
license, or its conditions, are not amended, h
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SEP 21 19g9 AUSTIN / REGION MEMO
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If you have questions concerning this matter, please contact Tony Huffert of my staff at FTS 492-0529.
ORIGitqty slGilED Uf i
John H. Austin, Chief Regulatory Branch Division of Low. Level Waste Management and Decommissioning Office of Nuclear Material Safety and Safeguards l
Enclosures:
As stated i
l
~ Central Filef" NMSS r/f LLRB r/f AHuffert Distribution:
FCardile TJohnson JAustin JHickey JGlenn, IMNS RSmith JGreeves RBangart JJSurmeier PLohaus l
DDandois GJackson PDR YES 1
NO Category:
Proprietary or CF Only ACHW YES NO x
SUBJECT:
NEW INFORMATION ON INF0 NOTICE 90 38 1
i
- SEE PREVIOUS CONCURRENCE P
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DATE:09/20/90
- 09/20/90:09/20/90:'l
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0FFICIAL RECORD COPY g'
AUSTIN / REGION MEMO 1
MEMORANDUM FOR. Those en Attached List FROM:
John H. Austin, Chief Regulatory Branch Division of Low. Level Waste Management and De::omissioning, NMSS r
l
SUBJECT:
NEW INFORMATION CONCERNING FINANCIAL ASSURANCE SUBMITTALS I
FOR DECOMMISSIONING AND INFORMATION NOTICE NO. 90-38 i
This memorandum is being sent to Regional offices to inform persons responsible for handling financial assurance submittals for decomissioning that information contained in Information Notice No. 90 38 has been superseded as a result of l
guidance from the Office of General Counsel (OGC).
It is the view of OGC, based on Comission guidance, that such submittals may not subject to fees under 10 CFR 170, and so should not be handled as license amendments, according to OGC memorandum dated June 19,1990 (Enclosure 1).
In OGC's view, the requirements for submitting financial assurance certifications i
or decommissioning funding plans are essentially reporting requirements and, because 10 CFR 30, 40, and 70 do not provide for a mandatory review and approval process for such submittals, there is no basis for the charging of fees in such cases. On the other hand, amendments to licenses require fees to be charged.
l However, it is acceptable to annotate materials licenses to identify and document receipt of decomissioning financial assurance submittals. Such annotations would not require the collection of fees.
Further information regarding the use of license annotations is provided in Enclosures 2, 3, 4, and 5.
i We recomend that your progroms for handling these submittals be revised to implement OGC's guidance. A supplement to Information Notice No. 90-38 will be issued shortly to advise material licensees that fees will not be charged for the submission of financial assurance certifications or decomissioning funding plans.
l If you have questions concerning this matter, please contact Tony Huffert of sqy staff at FTS 492-0529.
John H. Austin, Chief Regulatory Branch Division of Low.iwvel Waste Management and Decomissiweing, NMSS Distribution: Central File #
NMSS r/f LLRB r/f AHuffert FCardile TJohnson JAustin JHickey JGlenn RSmith JGreeves RBangart JJSurmeier PLohaus DDandois GJackson PDR YES NO Category:
Proprietary or CF Only ACNW YES NO
SUBJECT:
NITINFORMATIONT INFO NOTICE 90 38 0FC :LLRB g.....:LLRBp ) :L.
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NAME:AHuffert/es :FCardile: Jo nson:JHickey :DDandois
- RSmith
- JAustin DATE: 9/f#/90
- 'l / r,/90: 1/tG/90:
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- / /90 :
/ /90 0FFICIAL RECORD COPY
Multiple Addressees l l
l Addressees - Memorandum dated 0_9/21/90 Ronald R. Bellamy, Chief I
!!uclear Materials Safety Branch Division of Radiation Safety and Safeguards, RI l
William E. Cline, Chief l
Nuclear Materials Safety and Safeguards Branch Division of Radiation Safety and Safeguards, RII
~
Bruce S. Mallett, Chief Nuclear Materials Safety and Safeguards Branch Division of Radiation Safety and Safeguards, RIII William L. Fisher, Chief Nuclear Materials Licensing Section l
Division of Radiation Safety and Safeguards, RIV Robert J. Pate, Chief Nuclear Materials Safety and Safeguards Branch Division of Radiation Safety and Safeguards, RV l
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