ML20127D246
| ML20127D246 | |
| Person / Time | |
|---|---|
| Site: | Yankee Rowe |
| Issue date: | 01/14/1993 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Parler W, Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO), NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| References | |
| REF-10CFR9.7 M921124, NUDOCS 9301150134 | |
| Download: ML20127D246 (2) | |
Text
N gg 1
jepa ssog%
UNITED STATES yN
',g NUCLEAR REGULATORY COMMISSION y.q
[
IN RESPONSE, PLEASE g
W ASHIN GTON. D C. 20555 k
January 14, 1993 REFER TO:
M921124 OF FICE OF THE
$[CR E T A R Y MEMORANDUM FOR:
William C.
Parler General Counsel James M. Taylor Executive Director for Operations FROM:
Samuel J.
Chilk, Secreta
- N
SUBJECT:
STAFF REQUIREMENTS - BRIff :4G BY OGC ON REGULATORY ISSUES AND OPTI 14S FOR DECOMMISSIONING PROCEEDINGSl(SECY-92-382),
10:00 A.M.,
TUESDAY, NOVEMBER 24, 1992, COMMISSIONERS' CONFERENCE ROOM, ONE WHITE FLINT NORTH, ROCKVILLE, MARYLAND (OPEN TO PUBLIC ATTENDANCE)
The Commission was briefed by the Office of the General Counsel on the lessons learned from the Shoreham decommissioning effort and on the issues and options for handling the decommissioning of power reactors.
Based on this Commission briefing, the Commission has concluded that the staff should continue work on updating Regulatory Guide 1.86.
The guidance should address what activities should be permitted prior to approval of a decommissioning plan and address, as well, the availability and use of money from the licensee's decommissioning fund for activities normally associated with decommissioning before approval of the decommissioning plan.
Before any generic decisions on the use of decommissioning funds are made, the staff and OGC should provide an analysis and recommendations to the-Commission on permitting licensees to use their decommissioning funds for decommissioning activities prior to approval of the decommisnioning plans.
Pending final action by the Commission on SECY-92-382, on a case-by-case basis, the staff may implement the following approach with regard to evaluating what activities should be allowed prior to approval of a decommissioning plan:
1.
After permanent shutdown of a facility, 10 CFR 50.59 should be applicd on the basis of an assumption that the facility will not resume operation, provided that a possession-only-license ( POL), a confirmatory shutdown 9301150134 930114 l
PDR 10CFR
/) '
O PT9.7 PDR d
i
, order, or other legally binding instrument to remove the authorization to cperate has been issued by the agency for such facility.
2.
Notwithstanding the Commission's statements in footnote 3 of CLI-90-08 and the Statements of Consideration for the decommissioning rules at 53 Federal Register 24025-26, licensees should be allowed to undertake any decommissioning activity (as the term " decommission" is defined in 10 CFR 50.2) that does not -- (a) foreclose the release of the site for possible unrestricted use, (b) significantly increase decommissioning costs, (c) cause any significant environmental impact not previously reviewed, or (d) violate the terms of the licensee's existing license (e.g., OL, POL, OL with confirmatory shutdown order etc.) or 10 CFR 50.59 as applied to the existing license.
3.
The staff may permit licensees to use their decommissioning funds for the decommissioning activities permitted above (as the term " decommission" is defined in 10 CFR 50.2), notwithstanding the fact that their decommissioning plans have not yet been approved by the NRC.
These and the remaining items associated with SECY-92-382 will be addre,ssed by the Commissioners in their vote sheets on the SECY paper and in the subsequent staff requirements memorandum.
cc:
The Chairman Commissioner Rogers Commissioner Curtiss Commissioner Remick Commissioner de Planque OIG Office Directors, Regions, ACRS, ACNW (via E-Mail)
OP, SDBU/CR, ASLBP (via FAX)
-