ML20128E213

Forwards Fr Notice Re Decommissioning Criteria.Public Comment Period Extended to 850712.Comments Received After 850712 Will Be Considered If Practical.Final Regulation Rev Will Be Sent When Available

ML20128E213
Person / Time
Issue date:	06/25/1985
From:	Harold Denton Office of Nuclear Reactor Regulation
To:	Wasserbach A AFFILIATION NOT ASSIGNED
References
NUDOCS 8507050282
Download: ML20128E213 (27)

Text

9

1. ,. ..,$ UNITED STATES

!  ?> NUCLEAR REGULATORY COMMISSION 3 ;E WASHINGTON, D. C. 20555 June 25, 1985 Mr. A. E. Wasserbach Post Office Box 2308 West Saugerties Road Saugerties, New York 12477

Dear Mr. Wesserbach:

Recently, you requested a copy of the Nuclear Regulatory Cemission's (NRC) final regulations for nuclear reactor / facility decommissioning. We are in the process of revising our regulations with respect to decommissioning.

These proposed revisions to our regulations were published in the Federal -

Register on February 11, 1985. A copy is enclosed for your information.

The public coment period for these proposed revisions has been extended from May 13, 1985 to July 12, 1985. Comments received after that date will be considered if it is practical to do so. Followino our review of public comments on the proposed revisions the NRC will issue the final revisions to the regulations for decomissioning. We will send you a copy of that

-final regulation revision when it is available.

Sincerely, Harold R. Denton, Director Office of Nuclear Reactor Regulation

Enclosure:

Federal Register Motice on Decomissioning Criteria

~

8507050282 850625 PDR MISC 8507050282 PDR

! . ._ .~ ,

500lb Federal Rr'-n / Vol. 50. No. 28 / Manday. February 11. 1985 / Proposed Rulee year, the Secretary shall reinstate the environmental review requirements. & February 10.1981, the Commission provisions applying to such vegetable intent of the proposed am=a=ents is to announced the availability of the draft f:r that district. assure that dent-minaioning of all CElS for public comment (48 FR 11666).

De undersigned hereby authorizes the licensed facslities will be somunplished Section is of the draft CElS Secretary to correct typograpincel errors in a safe and timely manner and that recommends certam policy which may have been made in this marssong adequate licensee funde will be considerations. These recommendations, agreement. .

in witness waereof, the contracting available for this purpose. De proposed as moddied by comments received on htndlers. acting under the provisions of the rule also contains a response to a the draft GEIS and other sources. l petition for rulemaldng (PRM-30-22), provide the basis for the proposed m ta n at c n ernmg decommissioning financial amendments to the Commission's otherwise. have hereunto set their respective assurance, imtiaUy filed by the Public regulations. N proposed amendments

, hands and sea!s. Interest Research Group (PIRG). et al. on cover a number of topics related to Signetere of party. My 5.1977. decom=.=ioning. However. acceptable DATE Cotaments must be received on or levels of residual radioactivity for before May 13.1985. release of property for unrestricted use (Firm Neme) Comments received after this date are not being proposed as part of this will be considered if it is practical to do rulemahng his issue will be dealt with

' so. Assurance of consideration is in a separate rulamalring action which (Address) possible only if comments are received will propose amending 10 CFR Part 20 to 8: Y on or before this date, specify limits of residual radioactivity

)

(Namel - Shenme for-$ ' ~-- " -' M to the Secretary of the Commission. U.S. In the course of this reevaluation, the Nuclear Regulatory Commission, staff has maintained a dialouse with the Washington. DC 20655. Attention. States and the pubHc during the early.

(Title)

Docketing and Service Branch. Copies of formative time of decisionmaking on comments received and the generic criticalissues. Preliminary staff

• environmentalimpact statement may be positions on the major decommissioning Date of Execution (Corporate seah if none. so examined in the Commission's Public issues have been presented in staff

***3 Document Room at 1717 H Street NW,. (NUREG) mports.8 Copies of this notice of hearing may Washington, DC. Decommissioning as defined in this .

be obtained from James B. Wendland. Pon rustrwan toeponssATioes coerTACT*. proposed rule means to remove nuclear Vegetable Branch. Fruit and Vegetable Keith C. Steyer or Catherine R. Mattaen. facdities safely frona service and reduce j Division. AMS, Room 2545.S. U.S. Office of Nuclear Regulatory Resd residual radioactivity to a level that 4

Drpartment of Agriculture. Washington, U.S. Nuclear Regulatory Cnmmisaicn. permits release of the property for D.C. 20250 (202) 447-5432. or from David Washington. DC 20555. telephoca (301) unrestricted use and termination of B. Fitz, McAllen Marketing Field Office. 443-7910. heense. For the purposes of this Fruit and Vegetable Division. AMS. U.S.

sumptansassTARY WePoessaTiosc proposed, rale, the term " nuclear DIpartment of Agriculture. 320 North facdities is used to refer to the site.

Main Street. Box A-103. McAllen. Texas Background buildings and contents, and equipment 78501 (512) 882-2833. On March 13. Isra, the Commission associated with any NRClicensed Signed at Washington. D.C. on February 7 published an Advance Notice of acuvity.

19s5. Proposed Rnlemahng in.the Federal Ummanamoning activides am Wilnam T. Manley. Register (43 FR 1m701 stating that the een deci et Deputy A dministrator. Marketir>g Programs. Comm4== inn was reevaluating its wfen ,

[FR Doc. s5-3464 Filed 2-7-45: 2:49 pm) poh idering g , 9 y

" * * * * * * " mm @mh h um provide thore specific recuirements f relating to the decommissioning of h.mwel eense arew amendinent submitted according wto thefw a new NUCt.EAlt REGUL.ATORY nuclear facuities.& plan fw the UM** dM Mh h d COMMISSION reevaluation included the development a nuclear facility for other nuclear of an information base and the purposes is not considered 10 CFR Parts 30,40,50,51,70 and 72 preparation of a generic enytr=nnantal decamminainning.

impact statement (CEIS). and based on These proposed amendments apply to C n.. __.; Criteria for Nuclear these, the development of proposed decommissioning of power reactors.

Facmges amentiman*= to the regulah h nonpower reactors, fuel reprocessing information base for rulemaking is plants, fuel fabrication planta. uranium aossocv: Nuclear Regulatory essentially complete and ca==iss= boxafluoride production plants.

Commission.

primarily of a series of NUREC/CR Independent spent fuel storage acTsosa Proposed rule, installations, and non-fuel-cycle nuclear reports on studies of the technology, N.De .h Regulatwy safety, and costs of decommissioning facilities.%e decommissioning of Camadssion is proposing amendments various kinds of nudear facilities. hse urenturi mills and mill tailings. !aw. level ta its regulations that would set forth reports were prepared by Battile Pacific waste burial facilities, or high- evel Northwest bboratories (PNIFOn weste repositories, has been treated in

' technical and financial enteria for sepersto reguletory actions. However.

riana=missioning licensed facdities. The proposed annaad==nts address *8'iphy i sepans deconnussiomas planmne needs. d^ .,

's Publisrw--en Rooms at 1717 H timing, fundaag mechanisma, and so . hison cn a mm,., sir e Nw, wesenncan. oc auss, evnnhne far insommam and empytis Ier a see in em 8!tud.

~: _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ . .?'---' - I.------ - -- 2 - - - - - ^-- ~ ~~~~ ' ~

5601 Federal Register / Vol. 50. No. 28 / Monday. February 11. 1985 / Proposed Rules Activities licensed under Parts 30. 40. guides to be issued. since the the general technical criteria in this acceptability of attematives and overall and 70 however, cover a wide range.

proposed rule wi!! apply to uranium Termination of the majonty of these timing may involve case.by-case mills in addition to the technical and licenses requires relatively simple considerations.

financial criteria contained in Appendix A or Part 40. decommissioning procedures. For these . C. P/onning reasons it was necessary to take a The proposed amendments apply to somewhat different regulatory approach Preliminary planning at the licensing nuclear facilities that operate through stage and over facility life is important in these parts to implement the same their normallifetime. as we!! as to those to ensure that decommissioning can be that may be shut down prematurely. It is generic policy. accomplished safely. Information on expected that nearly all facilities will Description of Policy.and Proposed Rule funding methods for providing financial operate through their normallifetime Five major issues evolved from the assursnce for decommissioning will be However, the activities following policy reevaluation. namely submitted with applications for new premature shutdown of a facility as a decommissiomng alternatives, timm, g. I censes for production and utilization result of an accident are somewhat planning, financial assurance. and facilities. For existing licenses under different than those of a routine residual radioactivity. In addition. It part 50. this information will be decommissioning.There are three stages became apparent that erwironmental submitted within a reasonable period of involved: a stabilization period. dunng review requirements could be reduced. time after the rule becomes effective, which accident conditions are brought These subjects are discussed in th" The time period suggested in this under controlif necessarr, an accident I Ilowing paragraphs. proposed rule is two years.This cleanup period: and a decommissioning information will consist of a cost period. Durma the accident cleanup, the A. Decommissioning Alternatives estimate for decommissioning either as major portion of contamination resulting More than one altemative method of prescribed in the regulations or as from the accident is cleaned up and the decommissioning may be acceptable estimated by the applicant or licensee associated wastes are p ocessed. depending on the type of radioactive and a, description of the method of Followmg accident cleanup, the facility contamination present at shutdoun and assunng funds for decommissioning may either be recovered for reuse or be other factors.The proposed rule Part 50 Ucews W also ht an decommissioned. A detailed study of indicates that use of alternatives in updated cost estimate and. if necessary, reactor decommissioning following which unrestricted release is postponed plans for adjusting funding levels 5 accident cleanup (NUREC/CR-2601- for a s gnificant period of time following years before the projected end of Reference 7) indicated that there may be cessation of operations would be peration. Applicants for mdependent differences in some of the specific acceptable in cases where sufficient spent fuel storage installation (ISFSI) aspects of decommissiong such as the benqfit results. Possible benefits include licenses will include plans for providmg spread of contamination, waste such things as reduction in occupational financial assurance for decommissioning volumes. exposures and costs. exposure or waste volume. Alternatives in a decommissioning plan submitted at However, the report also indicates that and factors affecting their acceptability licensing as is cumntly required.

the technology exists to accomplish the will be dealt with in a revision of Similarly, some maten,al heensees decommissioning and that the safety Regulatory Guide 1.86 on termination of licensed under Parts 30,40 and 70 will and costs of decommissioning following licenses for nuclear reactors. and in a either provide financial assurance in the accident cleanup do not vary similar document to be developed for presenbed amounts or submit a significantly from that following normal materials facilities. decommissioning funding plan showing operations. The alternatives considered are the basis for a proposed amount. Detatis Current regulations cover the essentially the same as those which of financial assurance requirements are requirements and criteria for have been used in the past except that discussed in the next section.

decommissioning in only a limited they have been redefined to include all I.icensees under Parts 30. 40. 50. 70.

fashion. Although decommissioning is activities leading to termination of and 72 will be required to keep records not an immment health and safety license in keeping with the definition of which could be important at the time of problem. specific requirements related decommissioning contained in this decommissioning. Relevant records, as to decommissioning have had to be proposed rule. specified in the proposed rule. consist of determined on a case-by. case basis. records of spills or other unusual B. Timing Revision of current regulations is occurrences from which significant necessary to clarify these requirements Timing refers to thelength of the contamination may remain and design and to provide for consistent and decommissioning period. that is. the time fmm permanent cessation of specifications,in the form of drawings if efficient regulatory actions related to available, of areas of high radiation or decommissioning. The necessary operations to license termination. Each potentialinaccessible contamination.

amendments could be issued as a new type of nuclear facility has The proposed rule would require a part of the Commission's regulations. characteristic radionuclides that will separate file for information important However, the policy developed as a effect the selection of the to decommissioning but would allow the result of the reevaluation will directly decommissioning alternative and the use of references to records kept for affect licensing activities under 10 CFR length of time acceptable to delay license termination.These proposed other purposes.

Parts. 30,40. 50. St. 70 and 72. Applicants and licensees should also Accordingly, amendments to each of rules require that decommissioning consider other aspects of operating these parts. rsther than a new part. will begin shortly after permanent cessation of operations and significant delays in procedures as well as design features facilitate use by NRC staff and which could facilitate decommissioning completion of decommissioning would licensees. as part of overall programs to protect be acceptable if there is some the health and safety of the public and Classes of facilities licensed under Parts 50 and 72 are considered major compensating benefit. Beyond this, factors affecting timing will be to keep radiation exposures and facilities all of which will require a effluents "as low as reasonably considered in the related regulatory significant decommissioning effort.

5882 Federal Register / Vol. 50. No. 28 / Monday. February it.1985 / Proposed Rules achievable." however. no specific Additional modifications to the of Labor Statistics. Plans for financial requirements would be added to the requirements contained in existing assurance for decommissioning are regulations. paragraphs (d) (2) and (3) of 1i 30.36, already required for independent spent Decommission plans wdl be submitted 40.42. and 70.38 are reade to insert the fuel storage installations.

by all Parts 50 and 72 licensees at the . standard for submission of Certain applicants and existing time of written notification that the decommissioning plans and to clarify- licensees under Parts 30. 40, and 70 will licensee desires to terminate the license 1.nat. whether or not the licensee also be required to submit a as is the current Ilcensing practice. His has detected residual radio.sctivity, the decommissioning funding plan. The rule proposed rule would require that this Hcensee is responsible for controlling specifies that funding plans will be n:tification be made within two years the site until the Commission termmates required of licensees authorized to use fr!!owing permanent cessation of the license: and unsealed materials of half. life greater op: ration or one year prior to license 2. nat. in all cases, the same than 120 days in quantities exceeding expiration. whichever occurs first. For standards for termination of license to i imes t the applicable quantities in Part 50 licensees, the present practice of 8pply, as stated in proposed paragraph Appendix C of Part 20.ne note to c!so applying for an amendment to (f) f Il 30.36,40.42, and 7a38: that Appendix C concerning the " rule of restrict operation of the facility would radioactive material has been properly ration" used fbr purposes of I 20.303 is disposed of. reasonable effort has been not applied in this case. For the continue.The amendment changes the operating license to what is referred to 58 t Mm M 88Y r u8 purposes of this requirement, plated contamination, and information exists as a possession only" License, under fods would not be considered unsealed which required controls and limits am which demonstrates that the premises material In Part 40. the funding plan modified as appropriate to planned are suitable for release for unrestricted requirement applies to licensees use.

' authorized to use more than 10 mci of D. Financial Assarunce ate al ae y disp ib a ge i a es ulting major decommissioning considerations The objective of the proposed rule on

{ , ,

of materials, although initially sealed or will also submit plans for completzon of financing the decommissioning of decommissioning, nese wdl be nuclear facilities is to require licensee to non-dispersible, the processing would be required if a potential for signdicant- provide reasonable assurance that assumed to result in unsealed or readily h:alth and safety impacts exists and dispersible material These licensees adequate funds are available to ensure

• will be submitted promptly after the end that decommissioning can be wdl have the following options:(1) of optional activities and prior to the accomplished in a safe manner and that Submitting the funding plan within one license expiration date. year following the etTective date of the lack of funds does not result in delays .

Decommissioning plans will contain final rule or (2) submitting a certification that may cause potential health and safety problems. De licensee is of financial assurance for sufBcient detail to demonstrate that decommissionig can be accomplished decommissioning in an amount of at responsible for completing sifely. Major elements of least 5500.000, within one year of the decommissioning in a manner that decommissioning plans are specified in effective date of the final rule. deferring protects health and safety.

the funding plan until application for the proposed rules. Additional pndance There are several different methods wdl be made available in planned for providing financial assurance. renewal is made. Financial assurance regulatory guides on s:andard format requirements for mills are contained in Because of the variety of fa' cility types Appendix A to Part 40 and are not and content of decommisesanmg plans. and ifcensee financial situations, covered by this proposed rule.

In addition to spectfymg different methods are considered acceptable for providing reasonable Certain other materials licensees will demnmi==oning plans other be required to submit either a amendments related to license assurance of the availability of funds.

The funding methods specified in the certification that a means of assuring t:rmination are proposed br Parts 30. funds in a presenbed amount has been

40. and 70 pennarily for clartfty and proposed rule meet the criteria uniformity. These changes would re8pecting assurance and cost which are provided or a decommissioning funding l plan. I.icensees using between 10

• and somewhat modify the pmcedures described more fully under the subject 10

• times Appendix C values of estrbli=had for the ternunation of a heading " Criteria for Funding Methods.

Inf rmation on funding adiods wtB unsealed byproduct or special nuclear lic:nse contained in a final rule material must provide assurance of published on July 15.1983 (48 F1t 3:324). be provided by all applicants for

• ' is funds in the amount 8of $500.000 or Th2 requirement for notification of {pua 8 submit a decommissioning funding plan.

Intent to terminate licensed activities ,p d. a l For electnc utility applicants and I.icensees using between to and 10 centained in existing paragraph (c) of t mes Appendix C values of unsealed it u u and 7 ass will be licensees. the amount of funds assured can be based aithu mi an amount byproduct or special nuclear material or removed. Although it may be practical between to mC1 and 100 mCl of source la most cases for operational activities ta cease and initial cleanup and survey { "

sub fundmg ted materialin readily dispersible form must pr vide assurance of funds in the t2 completed at least 30 days prior to h',pa , , amount :of $100.000 or submit a funding lic;nse termination the requirement as plan. I.acensees using sealed so,urces it exists may result in licensees $100.000.000 (1984 dollars) adjusted for submitting a separate notification of inflation at a rate two times the change containing byproduct mgerialin in the Consumer Price Index published quantitles exceecmg to times intention not to renew 30 days prior to cxpiration plus the submission of by the U.S. Department of I. abor. Bureau Appendix assurance C values of funda in themust provide ,of amount inf:rmation concerning residual $50.000 or submit a funding plan.

c:ntaimination sometime in the next 30 ,[,7,,T, ,b, bei mate tw This proposed rule specifle d:ys. This separate notification is not de.mbed more tunt eder ou .biect budias acceptable funding rnethods ,s m the c:nsidered necessary. weenamnes for stegerms rtname.1 Assursnca- appropriate sections for various types of l

I 1

1 l l

l Federal Register / Vol. 50. No. 28 / Monday. February II,1985 / Proposed Rules 5603 licensees. In order to assure that the utilization facilities and independent ENTOMB is the alternative in which l funds will be adequate at the time of spent fuel storage installations would no radioactive contaminants are encased in decommissioning, the proposed rule longer be required. Instead. In a structurally long-lived material, such provides that decommissioning funding accordance with the procedures in the as concrete. De entombed structure is plans include provisions for adjusting recently revised Part 51 of the appropriately maintained and continued cost estimates and associated funding Commission's regulations, an surveillance is carried out until the levels over the life of the facility and environmental assessment would be radioactivity decays to a level that in the case of Part 50 licensees an prepared. This environmental permitting unrestricted release of the update cost estimate be submitted assessment would supplement the property. This alternative would be specifica!!y at about 5 years pnor to the environmentalimpact statements allowable for nuclear facilities projected end of operation. Additional previously prepared in connection with contaminated with relatively short-livM guidance on financial assurance is also the issuance of the construction permit radionuclidea such that all contaminants planned to be provided in regulatory and operating license for the facility.It would decay to levels permissible for l

guides. should be noted that pursuant to criteria unrestricted use within a period or the At the time of final shutdown, or in revised 10 CFR Part 51 environmental order of 100 years.

cessation of operations. assessments may result in a conclusion Based on an analysis of the techn. cal 1

decommissioning plans, when required. that an environmental impact statement data base, decommissioning can be '

I will provide an updated, more accurate is required in the particular l accomplished safely and at reasonable cost estimate, and some adjustment may circumstances of the proposed Federal cost shortly after cessation of facility i need to be made in the decommissioning action. Information concerning operation. DECON has certain benefits fund. Parts 50 and 72 specifically state environmentalimpacts of I in that it wedd prepare the property for i that if an alternative is chosen which decommissioning would be submitted by unrestricted use in a much shorter time sigmficantly delays completion of the licensee in a supplement to period than SANTOR or FNI'OMB with l

decommissioning. means must be environmental reports previously acceptable effects on occupational and induded to continue periodic review submitted. Environmentalimpact public health and safety. Completing i and adjustment of funding level over the statements would continue to be decomnissioning and releasing the extended decommissionmg penod. In required for the decommissioning of property for unrestricted use eliminates ,

Part 50. where internal reserve is waste disposal facilities only. the potential problems that may result 1 allowed for utilities dunng operation. It ne proposed rule also indicates that from an increasing number of sites is specifically required that the funds be contaminated with radioactive material, placed in an account separate from there would be no additional licensee assets dunng the prolonged environmental review requirements as well as eliminating potential health.

decommissioning penod or that connected with the new safety, regulatory, and economic decommissioning requireme its, problems associated with maintaining assurance be provided by a surety or insurance method. speciScally, that approval of the nuclear facility.%e use of DECON decommissioning funding plans be assumes the availability of capacity to E Residuo/Rodioactivity categorically excluded from handle waste requiring disposal. The A primary objective after permanent requirements for environmentalimpact Federal and State governments have cessation of operations is authorized statements or environmental activities underway to assure that there termination of a license. For all facilities assessments, will be this capacity.

covered by this rule, all premises must Delay in the completion of Rational for the Proposed Rule Changes decommissioning as in the case of be suitable for release for unrestricted use before a license can be terminated. A. Decommission /rg Alternctives . SAFSTO.R or EN'IVMB. would be To release property for unrestricted use acceptable primanly for reasons of Deco =missioning alternatives are a permissible level of residual occupational health and safety, since it radioactidty must be established. These catesonzed into three major is recognized that with delay there wi!!

levels are ant proposed in this ru!e but dassifications which are referred to as be reduction in occupational dose and are being developed in a separate DECON. SANTOR. and ENTOMB. This radicactive waste volume for some rulemaking action. In the past limits terminology was mtroduced to reduce nuclear facilities due to radioactive have been provided as guidance in such the confusion and misunders'.anding decay. In addition. SAFSTOR may hav,e l documents as Regulatory Guide 1.86. that existed with the previous terms some advantage where there are other -

-" used to designate decommissioning operational nuclear facilities at the same and have sometunes been determined

. on a case-by case basis. alternatives. nese temis have the site, and may also become necessary in folicwing meanings: other cases if there is a shortage of F. En vitenmento1 Review Requirements DECON is the alternative in which the radioactive waste disposal space offsite.

He proposed rule would reduce the equipment, structures, and portions of a The appropriate delay will depend on environmental review requirements facihty and site containing radioactive the type of facility and the contaminant (National Environmental Policy Act of contaminants are removed or isotopes involved. but should not be 1969. as amended) related to decontaminated to a level that permits greater than about 100 years as this is decommissioning by amending Part 51. the property to be released for considered a reasonable time period for he overallimpacts of . unrestricted use shortly after cessatico reliance on institutional control (Ref.19).

deconumssioning would continue to be of operations. One of the difficulties with ENTOMB for addressed in the environmental reviews SAFSTOR is the alternative in which any complex structure such as a reactor for the licensing of major facilities. No the nuclear facility la placed and is that the radioactive materials l additional detail would specifically be matntained in such condition that the remaining in the entombed structnie I required. Except to the extent required nuclear facility can be safely stored and would need to be characterized well

! by special circumstances, preparation of subsequently decontaminated (deferred enough to be sure that they will have I environmentalimpact statements for the decontamination) to levels that permit decayed to acceptable levels at the end decommissioning of production and release for unrestricted use. of the surveillance period (up to about

5604 Federal Registee / Vc1. 50. Na 28 / M:nday. Februtry 11,1985/ Propos:d Ruhs 100 years). If this cannot be done probably preclude the use of ENTOMB cdequately deferred decontamination Preliminary Planning for power reactors unless reactor would become necessary, which could The availability of adequate funds is internals were removed. If reactor mike ENTOMB more difficult and costly internals are removed. some method impodant in anuring that th:n DECON or SAFSTOR. would have to be provided to decommissioning will be carried out in a B. Timn demonstrate that the entombed safe and timely manner.There are also radioactivity will decay to levels aspecu Wedgn and operaens dat

%e issue of timing concerns what e a ect &coewg in um amount of time would be appropriate to permitting release of the property for all:w for completion of unrestricted use within about 100 years- fimproved health and safety and decommissioning including the entire which. as noted above. would be re uce ta i ac e waste y, period between final shutdown and ddM Information on decommissioning funding methods. desenbed below, will license termination.The primary For research and test reactors and c:nsideration la the decay of ISFSIs. occupational doses would be be submitted with an application for an r:dioactivity which may result in muchless significant and much easier to operating license for a production or reductions in occupational exposure and manage than for power reactors. Thus, utilization facility. An application for an w:ste needing disposal. Facilities differ independent spent fuel storage DECON is considered the most regarding the particular radionuclides reasonable option. SAFSTOR could be installation willinclude a m:st critical to decommissioning. For justified in some cases. ENTOMB la not decommissioning plan including light water power reactors Co-eo. with a expected to be viable for ISFSIs and is financial plans as is presently required.

half-life of 5.3 years. is the nuclide that In the case of existing Part 50 licensees, also unlikely to be a reasonable option information on funding methods would has the most effect on decontamination for non. power reactors as the cost efforts and is referred to as the entical/ would not be justified. need to be subcutted within a cbundant nuclide. Otherisotopes that reasonable time period following the can affect decommissioning efforts are For materials facilities associated effective date of this rule. This with licenses under Parts 30,40, and 70. information will be provided in the form Cs-137 (30 year half-life) and the long-IIV O d i9 occupational doses are also quite low in of a decommissioning funding plan or. In P,es

, y g most cases, and DECON the most likely the case of electnc utility applicants and technical data shows that. for DECON* pti n. SAFSTOR is possible for short. bcensees. may be provided as a occupational exposure can be kept lived materials. but any extended delay certification of financialassurance. A reasonable. For example, studies would rarely be justifiable. For these certification will indicate that the -

indicate that occupational doses from masons the proposed amendments to amount presenbed in the regulation is decommissioning light water power Parts 30,40, and 70 do not mention being used and willinclude a reactors would be about 400 man. rem alternatives or have special description of the method of assuring per year (1200-1900 man-rem over 4-5 requirements for extended delays, if funds for decommissi ye:rs for large ractors).This is gnerally after disposing of inventory and some plan willinclude an utial u, o,ning. A funding cost estimate Irss than current annual doses at preliminary decontamination, and also provide a description of the operating reactors. SAFSTOR will result contamination from relatively short. method of assuring funds for in reduced occupational dose and lived materials is reported, the decommissioning including means of tm:unt of radioactively contaminated Commission will determine whether adjusting cost estimates and associated waste. Based on the half. life of the allowing a period for decay is an funding levels over the life of the entical/ abundant nuclide, the reduction appropriate means of completing facility. The trutfal cost estimate is cf occupational doses beyond about 30 decommissioning. It is expected intended to provide an approximate years would be marginally significant however that for most licenses under estimate of the decommissioning cest.

although a significant volume reduction these parts it will be practical to Initial estimates may be based on in c:ntaminated waste would result complete decontamination to levels information from the literature (e.g..

from 50 years in safe storage. It appears suitable for unrestricted release prior to 8'"ic studies. licensee models, thit DECON or 30 to 50 year SAFSTOR .

expenence. etc.) which provide a are teasonable options for reporting levels of residual radioactivity to the Commission. A survey must be reasonable estimate of the cost of d: commissioning a light water power decommissioning. The pNL re:ctors. Generally for reactors. the carried out and reported on promptly after the end of operations and prior to decommissioning studies can be used c.verallimpact of either of these the expiration of the 1s. cense. f rimtialestimates with suitaY.e alternatives is similar. with the lower adjustments for inflation and for site-occupational dose and wastes with C. Planning specific factors. The proposed SAFSTOR compensating for the costs . . . . regulations require that over the cnd uncertainties of controlling the site Planning for decommissionmg is a criticalitem for ensuring that the operating life of the facdity, the cost frr a long period. De choice of estimate be updated by the licensee alt;mative in individual cases will decommissioning activities can be periodically to take into account factors d: pend on a number of factors specific accomplished in a safe and timely ti the particular reactor, site. and time which could affect the cost of manner. Development of detailed plans decommissioning.The rule would cf decommissioning. for example, a at the application stage is not possible specifically require all part 50 licensees longer SAFSTOR period may be because many factors (e.g., technology. to submit 5 years pnor to the projected accaptable if the safety of an adjacent regulatory requirements, economics) will end of operation an up-to-date cost reactor might be affected by change before the license period ends.

dismantlement procedures. estimate on which to base financial With regard to the ENTOMB Dus. most of the planning for the actual assurance even if the certification option decommissioning will occur near final had been used previously. In this alternative. long-lived activation shutdown. However. a certain amount of manner it is expected that the amounts products contained in reactor internals, preliminary planning should be done at such as Nb-94 and Ni 59, would being assured by the funding method the application stage. will reach a level at the end oflife which

Federal Register / Vol. 50. No. 28 / Monday. February 11. 1985 / Proposed Rules 5605 l

is approximately equal to the actual information on the design and current required until such application is made. I costs of decommissioning. In particular, condition of the facility and site. so that However. the Commission may require l the cost estimate submitted at 5 years decommissioning can be carefully additional planmng, particularly in the l prior to end of operation would be planned and carried out.The proposed area of financial assurance, on a case- -

based on a current assessment of major rule would specifically require that by. case basis as appropriate or practicai factors that could affect reccrds of relevant operational for partially decommissioned faciht:es decommissioning costs."111e requirement information helpful in facilitating in line with the policy represented by j is intended to assure that all Part 50 deco =missioning be kept by all reactor this rule if made effecove.

licensees, including those choosing the and materials licensees. Plans shculd be The level of detail required would be certification method. shall consider developed to collect. maintain, and appropriately less for the delaved relevant. up-to-date information which recall records and archive files which decontammation activities if S'AFSTOR could be important to adequate planning include as-built and as. revised drawings is the proposed alternative, however.

and funding for decommissioning well and specifications and operational preliminary aspects of planning would before decommissioning actually begins. occurences which could significantly have to be included for the entire It is expected that this requirement can affect decommissioning.The proposed decommissioning procedure. Updated ordinanly be accommodated in the rule would specifically allow the use of and more complete plans for delayed provisions of a funding plan. references to relevant information and decontamination activities would be Acceptable tnethods of providing locations in order to avoid unnecessary submitted towards the end of the safe financial assurance are epecified in the duplication of records kept for other storage period and would have to be rule and are discussed further in the purposes. The proposed rule would also approved by NRC before the start of the following section on financial specify that referencing of drawings major decontamination activities, assurances. need not include indexing of each Decommissioning plans must address For most facilities associated with individual relevant document. The intent the following-licemes under Parts 30,40. and 70. of this requirement,is to assure that all 1. Decommissioning alternative. A decommissioning is much less involved, important information is kept until description of the alternative to be used and has much less impact than the termination of license and that it be for decommissioning must be presented.

decommissioning of a reactor. for readily accessible when needed. Plans for processing and disposing of example. A decommissioning funding radioactive waste must also bq Final Planrung plan is being required for certain desenbed. Waste disposal plans must facilines where decommissioning costs Final decommissioning planning will assess the availability of waste burial myolve greater technical detail than could be very high. Financial assurance grounds. If waste burial space is is also required without the submittal of preliminary planning. Decommissioning .

a funding plan fer certain other plans should be submitted in a timely {',ja ab; pres ed a ad ss use of matenals licensees as discussed in the way for review and apptcval prior to the Me d next section. Initiation of any major decommissionW waste stora8e or some other method.

The studies performed as part of the activity to avoid delay of Dependmg on a variety of policy reevaluation have shown Giat decommissioning after shutdown. For a circumstances, temporary above-g ound facilitation of deconunissioning in the power reactor, review and approval waste storage may be accomplished design of a facility or dunng its could take up to a year.Thus,it would an operation can be beneficial in reducing operational exposures and waste be beneficial to submit plans a year pnor to planned termmation of s

o[o[s a

d

'9 b

2. Technicoland environmenta!PIcas.

volumes requiring disposal at the time of operation. if possible. Controls and limits on procedures and decommissionmg. In addition. The proposed rule would require decommissioning plans for production equipment to ensure occupational and facilitation can improse financial assurance by keeping actual costs of and utilization facilities and ISFSIs to be public safety and to protect the submitted within two years following environment during decommissioning decommissioning in ime with the estimated costs on which the levels of permanent cessation of operation or one must be proposed by the licensee. As year pnor to operating license part of this, details of a quality financial assurance are based. Although assurance program should a!so be no specific requirement is being expiration.The decision as to whether a shutdown will be permanent is, of submitted. Changes to procedures for proposed. the effects of operational safeguarding special nuclear material procedures on decommissionmg should course, the licensee's. This provision does not limit how long a licensee may should be included when appropriate.

be considered by licensees as part of 3. Termina/rediation seney. A plan their program to maintain radiation have a facility shut down under his operatmg license but means only that for a fmal radiation survey must also be exposures and effluents "as low as r'e asonably achievable." The facilitation when a facility is permanently removed presented to ensure that remaining from operational status, plans need to residual radioactf vity is withm levels of decommissioning in the design of be made as to how the ultimate permitted for releasing the property for facilities can be considered under the general standard for issuance oflicense termination oflicense will be attained, unrestricted use. Unrestricted access to that equipment and facilities be Upon approval of the plans, the license portions of the property may be will be moddled to reflect the approved desirable prior to full decommissioning.

adequate to protect the health and safety of the public contained in decommissioning alternative authorizing A separate termination survey would be il 30.33(a)(2). 40.32(c). 50.40(a), continued possession until the approved necessary for those areas.

70.23(all3). and 72.31(a)(10). Suggestions alternative has been carried out.This 4. Cost estimate. An updated cost reflects current licensing practice. For estimate must be included along with a for facihtation are presented in the PNL studies, including a prelirr.inary study on reactors which have permanently shut plan to ensure that adequate facilitation of reactor decommissioning. down prior to the effective date of the decommissioning funds are available to In particular, experience has shown final rule, no time limit is given for carry out the decommissioning that an important aspect of operation is application for license tennination and operations.This plan would show how the maintenance of adequate no additional plannmg is specifically any deficit in present fundmg would be

5608 Federal Register / Vol. 50. No. 28 / Monday February 11, 1985 / Proposed Rules cavered. If delayed decommissioning is concerning the availability of funds at amount. only a certification pertaining proposed. a method for securing the the time of decommissioning.These to financial assurance is submitted. This fund would be proposed. Plans for uncertainties are of two general types. approach is proposed in order to adjusting funds over the storage period ne first is that the financial condition minhnize the administrative effort of tre also needed. of a particular organization is difficult to licensees and the Commission of ftr specific licenses under Parts 30, predict years into the future when obtaining reasonable financial

40. and 70 detailed plans for the decommissioning is likely to occur. As a assurance for decommissioning and is completion of decommissioning are only result it is possible that there may be based on the significant data base on required where decommissiomng could pr onty or competing claims to these decommissioning developed as part of sig:uficantly increase health and safety assets. The second type cf uncertainty is the policy reevaluation.

Imprets over those of normal operation the possibihty that the nuclear facility The specified amounts are chosen to or if the Commission has previously could be forced to shut down provide sufficient funds to cover dItermined a need for such plans and prematurely, thus reducing the time for required them by a license condition. decommissioning costs for most of most collecting funds- of the licensees in each category. For Rese plans would contain essentially The availability of funds for post- power reactors the amount of $100 tha same information as described accident cleanup is related to financial

' above for Parts 50 and 72 licenses. For assurance for decommissioning.The million (1984 dollars) was chosen based .

materials licensees, those plans are not costs of post-accident deanup can be on data in NUREG/CR-0130 and -0672 required until after inventories of (References 2 and 3), which analyze the substantially larger than the costs of costs of decommissioning PWRs and rada active materials have been decommissioning and the availability of BWRs.respectively.This figure also disposed of, preliminary funds for accident cleanup can impact a decontamination procedures have been , takes into account escalation of these licensee's capability to decommission costs to 1984 dollars, additional costs of carried out. and contamination the facility following the cleanup.

remrining after these procedures has engineering and planning, use of Assurance of funds for post-accident contractors, and vadations in local labor be;n assessed. However, it would be cleanup is more properly covered by use advantageous to hcensees and the rates,in waste transportation costs, and ofinsurance. Post accident cleanup Commission for decommissioning plans in local power costs. This amount does activities are broader in scope than to be submitted prior to the end of not account for costs of shipment of decommissioning. that is, they can lead op; rational activities. if possible. It is spent fuel which are assumed to be part ultimately to either reuse or expected that the need for such a plan of operational costs or the costs of -

decommissioning. Accordingly, the will m most cases be anticipated and funding requirments for accident demolition of nonradioactive structures thtt a reasonably accurate appraisal of which is not required for NRC license cleanup are not included in ths proposed what will be necessary can be rule but are contained in 10 CFR termination.The use of an inflation rate cccomplished prior to the end of of twice that indicated by the Consumer 50.54(w) which requires that utility op: ration. It would therefore be possible licensees for production and utilization Price Index is an approximation f:r the beansee to submit plans early obtained by analyzing the rate of facilities obtain insurance to cover and obtain approval of these plans in escalation of the major cost elements in decontamination and cleanup costs tim) for decommissioning to proceed the PNL data (i.e., waste disposal. labor, associated with onsite property damage promptly following the end of resulting from an accident. As discussed energy, and other), over the last several cperational activities. below, the acceptability of certain of the years, and comparing the cet increase in Na arnendments are proposed which funding methods allowed in the h'g*,g"*8[ y,'[d 6 6g' 8 "' i specify limitations on occupational or proposed regulations depends on this public doses or effluents to the accident cleanup insurance requirement. Consumer Price Index. 0 g, y This net increase g

environment. It is considered sufficient Accident cleanup insurance for other "

thtt the requirements of Part 20 co'stinue types of Ilcensees is under consideration a ctive t di p s 1. If to apply until the license is termina:ed tn a separate action: an advanced notice decommissioning costa differ b the Conunission.The proposed of proposed rulemaking is being significantly in the future from that p anning requiraments are considered developed. approximated by this presenbed appropnate means of assuring that the amount, the regulation may be modified.

decimmissioning will be carried out in Mechanisms for Requiring Financial Additionally,if at any time the licensee accordance with Part 20 and specifically Assurance determines that this amount is no longer that doses will be kept as low as As discussed ear!ier, financial appropriate for a specific reactor. the reasonably achievable. assurance for the decommissioning of regulatio,n would allow submittal of a major facilities will be provided by decommissiomng funding plan. For D. A.noncia/Assuronce research and testing facilities a specific implementation of a funding method In accordance with its responsibilities with a funding level based on expected amount is not set due to the large as defined by the Atomic Energy Act. decommissiomng costs. This includes all diversity of facility types.

th2 primary responsibility of the NRC Parts 50 and 72 licensees, as well as The amounts for materials licensees with respect to de:ommissioning is to those licensees under Par +s 30. 40, and were chosen based primarily on data in protect the health and safety of the 70 which are expected to have NUREC/CR-1754 (Reference 12) and on public. An important aspect of this sictificant decommissioning costs. Nicensing experience. Based on estimates responsibility is to have reasonable Flectric utility and some material in NUREC/CR-1754 a sing!e major tssurance that at the time of termination licensees are given the option cf processing laboratory would cost in a of operations (including premature providing financial assurance in a range approaching $100.000 to closure of the nuclear facility) adequate prescribed amount or submitting a decommission. It is expected that the funds are available so that decommissioning funding plan which majority of licensees for which a dec:mmissioning can be carried out in a contains an estimate based on a facihty- certification of $100.000is specified s fe and timely manner.Without this specific evaluation. If financial would have only one major laboratory tssutance, there could be uncertainties _ asscrance is provided in the prescribed or processing area and a very limited

5607 Federal Register / Vol. 50. No. 28 / Monday. February H.1985 / Proposed Ruhs Criteria for Funding Methods would be segregated from licensee potential for site contamination. For The NRC staff considers two primary assets and outsidelicensee control.

those matenals licensees for which Types of accounts could be similar to critena m evaluating funding methods.

assurance of $500.000 is specified. it is those described above for prepayment. These criteria are the degree of expected that severallaboratories 3. Internot reserve. This approach assurance of the avai!abihty of funds would typicauy be involved in usually uses negative net salvage value and the cost of providing assurance.

radioactive material processing or handling. !n some cases. a large nu nber depreciation that allows estimated The degree of assurance is a measure decommissioning costs to be of how effective the fundtag method is of indmduas.wms or labeunes may accumulated over the life of the nuclear in providmg assurance that funds for be used in connection with licensed facility. In this method, the funds are not decommissioning will be available when activities, however, only a few would segregated from the company's assets. needed. From the Commission's require a major decontamination effort rather they are invested in its assets. At such as the example laboratories perspective, assurance is the most the end of the nuclear facility's life, important criterion.

studied in NUIEG/CR-1754.The $50,000 bonds are issued against these assets specified for very large sealed sources is and the funds raised are used to pay for assurance Prepayment provides the greatest based on licensing expenence and is the decommissioning.nis approach can available forthat funds will actually be either normal or premature estimated maximum cost to also take the form of a segregated decommission a large pool-type decommissioning since the necessary internal reserve which is similar to an funds are deposited at startup. Some irradiator. external sinking fund, except that funds Of course, many factors will affect adjustment willlikely be necessary over decommissionmg costa.1.icensees who are held by the company.

4. Insurance, surety bonds. letters of the period of licensing because of can demonstrate that the expected uncertainties in cost estimates and decommissioning costs for their facility credit. andlines of credit and other changes in inflation and interest rates.

guamotee methods. Insurance could be are significantly lower than the used to provide coverage for premature The insurance alternative also applicable prescnbed amount have the decommissioning expenses. An provides exceUent assurance in that it option of doing by submitting a insurance type mechanism might also be could provide coverage for premature decommissioning funding plan. used for all decommissioning expenses, decommissioning costs and for licensee An additional means of reducing def ault. For electric utility licensees. the including those planned under normal admmistrative effort which has been circumstances. He surety bond credit property damage insurance requir-d by incorporated into the proposed rule is methods. and other guarantee methods 10 CFR 50.54(w) provides reasonable allowing those materials licensees for assures that decommissioning costs will assurance of funds for the potentially which a decommissioning funding plan large costs of decontamination leadihg be paid should the licensee default.The is required to first supply financial licensee would still be responsible to up to premature decommissioning. In assurance for $500.000 and delay some instances, such as in the case of subrnitting the funding plan until pay for decommissioning. With respect to power reactors. It appears government licensees, guarantees of application for license renewal is made, financial responsibility by the at which time the funding plan can be questionable that bonds of the size necessary and for the time involved will appropriate local. State, or Federal more efficiently reviewed together with government entitics are considered be available. However, surety bonds or the renewal application. credit methods appear to be available adequate in providing assurance. As Fundig has for nuclear facilities that involve smaller discussed above, self-insurance is not costs and shorter time periods. considered adequate.

The wide diversity in types of nuclear Contractual arrangements must provide Sorety methods (for example. surety facilities necessitates that the NRC that NCR be notified pnor to bonds, lines of credit letters of credit, allow latitude in the use of funding cancellation, must ensure that a surety secured interests, or other guarantees) methods. In analyring funding methods which would provide reasonable bond or credit method remains in effe'ct can provide adequate assurance to assurance.NRC has developed the until the license is terminated. and must cover default for those licensees to following major classification of funding be set up such that the bene 6ciary whom they are available. However.

would be a trustee acceptable to the from the standpomt of acceptability.

alternatives: sureties have certam disadvantages that 1.Prepoyment. Cash or other liquid Commission.

The types of surery arrangements must be considered. In particular.

assets that will retain their value for the being considered in this proposed rule contractual arrangements will have to projected operating life of the nuclear be written such that the surety bond or facility are deposited prior to startup are similar to those contained in the into an account segregated from licensee Commission's recently enacted credit mechanism cannot be terminated requirements in 10 CFR part 61. The by the surety company or bank pncr to assets and outside its administrative Commission found in developing those other arrangements being made, that a control. Periodic review and adjustment of the fund is necessary to assure the requirements that self insurance for a surety bond or credit mechanism adequacy of the fund. Prepayment can private sector applicant or bcensee remaw m effect until the license is would not be an acceptable form of terminated. and that the surety company be in the form of a trust, certificate of itselt is financially stable.

deposit, government security, escrow surety' her potential funding method of account. or government fund. Anot The external smkmg fund option LExternalsinkingfunds ne this type is for a licensee, where provides a good level of assurance.

external sinking fund requires that a practical, to obtain a guarantee that the Because the external sinking fund is local, state, or Federal government will prescribed amount of funds be set aside assume financial responsibdity for held outside the licensee's assets and in an account at fixed intervals over the decommissioning the facility.This control. it would not be vulnerable life of the facility, such that die funds under most likely trust arrangements if would most likely be possiMe when the the licensee went bankrupt. On the plus accumulated interest would be licensee is a local. State, or Federal sufficient to pay for decommissioning other hand,in the event of premature agency or a state-affiliated organization, decommissioning, there would'be a costs at the time termination of such as a university or hospital.

operation is anticipated.ne account

5608 Federal Register / Vol 50. No. 28 / Monday. February 11. 1985 / Proposed Rules grert:r likelihood than with the can normally earn more from its own Existing Licensees prepayment method that insufficient capital structure than by investing in funds had been accumulated.This higher grade commercial securities Particular consideration has been situ: tion would be mitigated if the fund outside the company.The cost of nt e can oMsdng Ucensen was either structured so that higher guararat methods, such as sureties, payments were made estlier in a letters of credit, or insurance would be p v)e anequa e ve f as urance facility s life, or coupled with a deposit in addition to normal deconmussiorung wiWin a shorter time frame. The or insurance or suret,. expense. proposed rule would require that a -

Providing lesser assurance ,s i the funding method be proposed within two Funding methods considered years fouowing the effective date of this internal reserve. Under normal acceptable m providing reasonable circumstances, the mternal reserve rule for production and utilization levels of assurance may be different for facilities and within one year for other in t atte o fun s as ' mple, licensees for which it is required and cnd should provide adequate funds if a

'ftuad s n of a la wer reac ' '

can be significantly different than tha't uclea a lity is dec issioned at for a small research or testing facili y,

$*For li e a in hi funds would nor tally be accumulated b:ctuse it depends on financin teInal o ls ons re e re ai! rates

'" '* #8" ts the licensee, the intemal reserve is thu pennitung uti1ities to mcovu the pe@ payme wouM coune. W vulnirable to events or situations that necessary in order to accumulate the 8 { prwiding electricity from their total decommissioning costs within the undermine the financial solvency of a Cu "

"S. 'C C* reair.ing lifetime of the facility. Whm lic:nsee. A bankrupt or fin incially

" $ s h methods are not coupled with a trrubled licensee would have difficulty [u d hy 10 CF in raising capital against its (w}t afrY surety or other guarantee as is allowed insaan e im p st accident in the case of utilities, adequate dec:mmissioning reserve and even a decontamination and cleanup. Even assurance should be provided by segr; gated internal reserve fund may nanciaUy troubled utilidea have not be available to pay for building up the fund to the level that dicomm.ssioning costs. Thus, the suff cist assets t c ver the costs of would have been attained if intIrnal reserve is acceptable only if dec mmissi ning. Am ng utuities, them accumulation of funds had been started am als differnces, such as multoasset supplemented by a mechanism at the beginning of facility life.

providing additional assurance such as *'.rsus single-asset utilities (i.e, a utdity Establishment of these decommissioning -

insurance or surety arrangement. with a single generating facility) or funds by use of prepayment or For most electric utilities, the public versus investor-owned utilities. accelerated sinking fund by all existing insurance required by 130.54(w)is Based on the above considerations. licensees, within a short time fouowing considered sufficient to allow the use of this proposed decommissioning rule issuance of this rule could have a int:rnal reserve. For other licensees, punuts a range of opties which are significant impact en capital markets. To intIrnal reserve would not provide expected to provided reasonable alleviate this impact, existing licensees adIquate assurance unless backed up assurance of the availability of funds for with estimated decommissioning costs by a surety or insurance covering decommissioning. The acceptable of 5 million dollars or more would be deccmmissioning costs. In this case. options are specified in the proposed allowed to accumulate an adequate however. it is the surety or insurance rule. Planned regulatory guides will decommissioning fund, as discussed th t provides the assurance: although provide guidance on how these funding above, over a reasonable period of time th2 licensee may use an internal reserve utethods will be implemented. These foUowing the initial establishment of the ta accumulate funds, only the surety or requirements and the planned fund. If more than 5 years remain prior insurrma need be reported to NRC. accompanying guidance are similar to to license expiration an acceptable Cost of assuring funds is an important those for 10 CFR Part 61- period of time would be 5 years or one-consideration from the standpoint that Periodic Review third of the remaining license period, an alternative must be reasonably cost whichever is greater.

sffective iri order to be acceptable. Cost The proposed rule would require that of a funding method is defined as the decocimissioning funding plans contam pg incremental revenue requirements that provisions for periodic review and When decommissioning is to be result from using a particular funding adjustment in order to assure that funds carried out over an extended period of Mod, other factors being equal. will be adequate at the time of time such as with SAFSTOR, the (A.: Jnistrative costs to the NRC and decommissioning. Appropriate periods proposed rule would require that the ethir regulatory agencies are also for review and the level of effort decommissioning fund be in an external included.) Cost is sensitive to even necessary will vary for different types of account unless assurance is being rel tively small variations in assumed licensees and financial considerations. provided by a surety, insurance, or inflition rates, interest and discount For many cases, routine adjustments for certification method. In this way, fc,r a ratis. expected facility life. Federal tax changes in inflation and interest rates facility which.is no longer producing policies. depreciation and amortization might be done annually by the licensee revenue, the funds would be protected schedules. and other accounting and could be reported in the annual irrespective of licensee stability. This proc dures. Based on these variations, financial report without the need for would be done at the beginning of the each of the funding alternatives has a NRC approval. A technical review of the storage or surveillance period. Review fairly wide calculated cost range. information in the preliminary plans or and adjustment of the funding level must Tcxition policies can have a significant the cost estimate for a funding plan continue over the extended affIct on the cost of funding could be done less frequently and decommissioning period.

alternatives. submitted to NRC for approval. For the The internal reserve method tends to shorter term materials licenses, the Requat fM Comment be less expensive than external sinking renewal process may be sufficient for The regulatory approach for assuring funds or prepayment since a company technical reviews. _

funds for decommissioning has been n

a

Federal Register / Vo!. 50, No. 28 / Monday, February II.1985 / Proposed Rules 5609 particularly difficult to resolve. The Commission granted the petitioners' under Part 50. To the extent that the issues of concern are: which funding request to reconsider the adequacy ofits petitioners would require promulgation methods to allow for utilities dunng regulations on decommissioning.The of a specific method for financing pwer cperation and during anylong term Commission indicated that other issues decommissioning and whether to set a reactor decommissioning, the petition is and funding alternatives raised by the denied. To the extent that the proposed prescribed amount for the level of petitioners would be considered within assurance. Additionalinformation and amendments would allow consideration the context of the NRC decommissioning of the petitioners' suggested financing comments are specifically requested by rulemaking proceedmgs. methods. includmg surety bonds if ther the Commission on the costs and in addition to surety bonds, the adequacy or assurance of the various are available. the petition is granted '

funding methods.

petitioners advanced'two other options This action would cc:nplete NRC to finance nuclear power reactor consideration of the issues raised in More specifically Commissioners pRM-50-22.

decommissioning:(1) Funds in an Asselstine and Bernthal continue to be *" "" ffi p i d concerned about the vulnerability of the internal funding mechanism for g[co ,jo )ou be se s e in " # #I decommissionmg funds, particularly an escrow account before commencing Although residual radioactivity limits reactor operations, and (2) funds would are being developed in a separate where the funds are used to purchase assets or reduce existing debt.They be accumulated in a sinking fund during action. much consideration has been believe the proposed rule should have the life of the plant supplemented by a given to this issue as part of the overall included two options for public surety arrangement as necessary to reevaluation of decommissioning policy.

comment one option would pernut the allow for the risk of a licensed utility Although an upper limit in terms of dose use of unseg egated intemal funding for going bankrupt before the sinking fund is being considered, actuallesels had accumulated sufficient funds. The attained in any case should be as low as electric utihties (as the staff petitioners indicated that the reconimended) and the other option not reasonably achievable. Based on the permittmg the use of unsegregated requirements should apply to existing information developed,it is expected I" "I I"8 Co sai e licensees as well as future licensees. that contamination levels considered 3g The petitioners also raised the issue of suitable for release for unrest-icted use public comments on the need to mmini n cdon to regdate wW not M danged dgnMcan% c.ngh consider the possibility of insolvency the arrangements for decommissioning. to affect cost estimates for .

i and its impact on the contmued The original petitioners jomed by others, decommissioning, nor conclusions of the availability of decommissioning funds. submitted comments in response to the genene environmentalimpact statement Federal Register notice (44 FR 38523, ccncerning overallimpacts of PIRG, et al., Petition for Rulemaking, June 22,1979). These comments were decommissionmg. Whatever critena are Docket No. PRM-50-22. received on November 21.1979. The applicable, the survey which venfies On July 5.19"7, as supplemented comments discussed NRC's jurisdiction that these enteria are met and serses es October 7,19"7. and lanuary 3,1978, the to promulgate rules mandating specific the primary basis of termination of the Public Interest Research Group (PIRC). requirements covering decommissioning bcense must be carefully designed to Arizonana for Safe Energy Citizens costs, the need for NRC to establish a provide a high degree of reliability.

United Against Radioactive ale requiring its licensees to make Environment. Community Action specific financial plans to meet F. Environmental Review Rnuimme.-ts Research Group Cntical Mass Energy decommissioning costs, surety bonds as In the course of development of this Project. Environmental Action a supplementary option. and the preposed rule,it became apparent tnat Foundation. Environmental Action. Inc., disadvantage of unfunded alternatives. the requirements for environmental New Mexico Public !sterest Research The p!RG petition and the petitioners

• reviews related to decommissiomng Group New York Public Interes. supplementary comments were could be reduced.

Research Group. North Anna considered in the develcpment of this Environmental Review Requirements at Envtronmental Coalition. Texas Public proposed rule. The Commission agrees IJcensing Interest Research Group, and National that its regulations should be amended Consumer Law Center Energy Project to require that licensees plan for Decommissioning is the inevitable (hereinafter the 'pentioners').' petitioned decomrnissioning costs when needed. result of havmg but!t and operated a the Commission to imtzate rulemaking to For reasons discussed in the previous nuclear facility. The GEIS and its promulgate regulations for nuclear section the Commission does not supporting technical data base assessed power plant decommissioning which believe it is necessary, or desirable. to all of the costs and environmental would require plant operators to post require a specifle financial method for impacts occurnng at the time of bonds, to be held in escrow. to ensure collecting decommissioning funds. The decommissioning. These overa!!

-that funds would be available for proper proposed amendments would require impacts, although dependent on the and adequate isolation of radioactive licensees to submit a cost estimate and specific decnmmissioning procedures.

material upon each plant's a proposed financial method for are essentially the result of operation decommissioning. On June 22.1979, the assuring that funds will be available for and accordingly should be addressed Commission published in the Federal decommissioning. A number of prior to licensing.

Register (44 FR 36523) a partial denial of acceptable methods are indicated. The As is the present licensing practice.

the petitioners' request. In this notice the Commission will review the licensees

• environmental reports and Commission specifically denied the funding methods and evaluate them environmentalimpact statements which petitioners' request to immediately with respect to the new requirements. A are developed in connection with 'he initiate rulemaking to implement a licensee's method for providing licensing of major facilities willinclude specific decommissioning fundmg plan decommissioning funds must be the major environmentalimpacts that would require nuclear power plant acceptable to the Commission.This expected at decommissioning. The operators to post surety bonds to cover procedure covers all applicants for major impacts, of which the wastes decommissiomng costs. The operating licenses and existing licensees needing controlled disposal are the most

5610 Federal Register / Vol 50. No. 28 / Monday. February 11. 1985 / Proposed Rules significant. can be reasonably anessed. decomminioning can and will be impact statement in special At the time a facility is licensed. accomplished in a safe and efficient circumstances.

how:ver, it is impractical to plan in manner and that the impacts at .

Categen. cal Exdusion From detril what specific procedures will be decorr minioning will be mimmited to Envimamental Reviews used ti decr=nminioning since the extent practical ne draft GEIS decommissioning will not be carried out indicates that for any viable The Commission has identified a untd many years later. Thus, at this decommissioning alternative, category of actions connected with the time. it is also impractical to attempt to radioactivity released to the proposed requirements which appears to develop highly detaded analysis of the environment and associated radiation meet the criterion for categorical cnvironmentalImpacts of specific doeses are substantially less than those exclusion set out in to CFR 51.22(a).

deccmmissioning procedures.Since the associated with operation and Presently there are eighteen categories GEIS and its supporting data base maintenance of a reactor dunng its of actions designated as such. thus the -=

sh:wed that the costs and lifetime and that public doses from following category of actions is environmentalirnpacts at decommissioning activities are designated Category 19:

decommissioning are small compared to negligible (calculated in the background {

th3 total costs and impacts of building ategory of Acdons documents as roughly a few micro-rem and operating a malor facility sudtas a to the maximally exposed individual). 19. Approvals of decommissioning reactor, the availability of more detailed Occupational doses dunna the funding plans. '

information concerning impacts at decommissioning of a reactor are, for .

decommissioning would not affect the Discussim and l'inding the short period of active NEPA cost benefit balance. %us, no dismantlement. comparable to that Although decommissioning funding am:ndment to the regulations is being occurring during operation and plans concern how licensees expect to 5 proposed in regard to the consideration maintenance, and over the longer period carry out the activities required to cf d:commissioningimpacts tn , of a safe storage period are much lower. decommission their facilities, the environmental reviews at licenstng. S nce in most instances env.ronmental approval of these plans does not Envimamental Reviews at impacts are unlikely to be significant authorize a licensee to per'orm these Dern-missioning enough to wanent the development of activities. The principal purpose of an envir nmentalimpact statement, the considering decommissioning activities At the end of operatfon. when a at this time is to provide information f;cility must be decommissioned, rule pr p ses that the Commission no .

I nger be required to prepare which will enable the Commission to application for termination of license is determine whether the bcensee's plan mids and. In the case of major facilities, environmentalimpact statements in .

connection with the issuance of license for assunng funds for decommissiorung a d tailed decommissioning plan is is adequate. Approvalof a amendments or orders authonzmg the submitted. As stated above. the overall decommissiorung funding plan affects environmentalimpacts occurmg at decommmioning of facilities licensed under Parts 50 and 72. Instead, the the financial arrange:nents of the.

decommissioning, of which the licensee but does not affect the scope radi active wastes resulting from Commission would prepare envir nemental assessments which and nature of the licensed activity, operation and needing controlled disp sal are the most significant. have wculd supplement environmental These actions in and of themselves do tire:dy been evaluated in impact statements previously prepared not have an environmentalimpact.

environmental impact statements in connection with the fachty. Althongh Accordi 4 y.

I the Comminion finds prepared in connection with the this environmental review procedure is that approvals of decommissioning issuance of the construction permit and expected to accommodate most funding plans (Category 19) compnse a c perating license for the facility. In view decommissioning actions, it should be category of actions which do not cf these circumstances and on the basis noted that under the critieria in revised individually or cumulatively have a of information in the draft CEIS and its 10 CR Part 51 an environmental significant effect on the human supporting technical data base assessment may result in a conclusion environment. designates Category 19 as indicating that the environmental that an environmentalimpact statement a categorical exclusion. and directs that impacts associated with is required in the particular Category 19 be listed in 10 CFR 513.:(c) dicommissioning are unlikely to be circumstances of the proposed Federal as a categorical exclusion.

significant, the Commission is of the decommissioning action. The Seperate Views of Commissionee cpinion that there is no need, absent environmental assessment would be Bernthal special circumstances to prepare an based on information provided by the environmentalimpact statement in licensee in a supplement to the I feel compelled to comment on the cinnection with the issuance of a environmental report submitted at the nature of this rule setting forth, as it lic:nse amendment or order authorizing decommissioning stage.The information does, prescnptive requirements for the decommiutoning of a facility other submitted by the licensee would take a ssuring that financial resources are than a waste disposal facility. In most account of any changes to the estimated available for decommissioning of cases, preparation of an environmental environmentat irnpacts based on the nuclear facilities. My voting record on casessment which supplements the information in the decommissioning general financial qualifications reviews previously prepared environment impact plan. reflects my long opposition to what I stat:ments should be sufficient.The ne information in the data base and consider to be inappropriate and ill.

Comminion notes, however, that there the conclusions of the CEIS wtll also suited Commission involvement in may be situations in which the special assist in evaluating decornmissioning financial matters related to the nature of the decommissioning action plans. If unique methods are proposed construction and operation of nuclest ,

necessitates the preparation of an by a licensee which are sigmficantly facdities.

cnvironmental impact statement. different from those studied by the However, there are distinctions his proposed rule has been Commission, the Commission retains between construction and operatiori of d:viloped to assure that discretion to require an environmental these facihties and their safe

. -. ... a. -

Federal Register / Vol. 50. No. 28 / Monday. February II.1985 / Proposed Rules 5611 decommissioning. First. the Coramission 5 Norm G. Wittenbrock. et aL Technology. Decommissioning Termination Survey already has prescriptive requirements safety. and Casts of Decommissionir; Light Cnterio. NUREC/CR-2082. Prepared by Oak for construction and operation which, worer Reacters at a Multiple Reacter Ridge National Laboratory for the U.S.

Stction. NUREG/CK-1755. prepared b) Nuclear Reguhtory Comm:ssion. june 1921.

independently from financial review Pacific Northwest Laboratory for U.S. 18 14 Siegel. Utdify Anoncic/ Siobility requirements. provide assurance that u *W m=mn- lanua7 and the A mi bs/ity of rends for those tasks will be accomplished safely. fgpar # ' '

For decommissioning there are no such 6. Emmett B. Moore. Jr.. Tecilitorion of Prepared b ne n n i mdependent requirements in tne Decommissioning oflig^t Water Reoctors Research. Inc. for the U.S. Nuclest RegJato y Commission's regulatory scheme. The NUREG/CR-0569. Pacific Northwest Commission. September 19C4.

financial options which the Commission bboratory for U S. Nudear Regulatory to J. P. Witherspoon. Techno/o y and Cost would adopt by these rule changes Commission. December 19 9 d

' LS M echn9o 1

. ty n of Termination Surveys

,y gu, ,,A,,ssociate,y,,W,,ith y,,

appear, therefore. to be justifiable as a a',,, og o, g, , g,,,,,,,,,,,,, _

means ta assure that expeditious action NUREG/CR-2241. Prepared by Oak Ridge WaterReactors follcwing Accidents.

can be taken for safe implementation of NUREG/CR-Zeot. Prepared by Pacific National Laboratory for U.S. Nudear whatever decommissioning plan is Northwest Laboratory for U.S. Nudear Regulatory Commission. January 1982.

selected by licensees. Second. Regulatory Commission. November 1982. 20. Draft Generic Environmentallmpact abandonment of a facility during a. K.I. Schneider and C.E. JerJuns.

Statement on Decommissioning Nuclear Technology. Safety, and Costs of racihtees. U.S. Nudear Regdatory construction because of financial Commasion. NUREC-0586 january 1981.

problems does not create a health and Decomenssioning a Refennce Naclear ruel safety problem. Abandonment of a Repmcessing Plant. NUREC/CR-o278. Nots.-Free single copies of reference Prepared by Pacific Northwest Laboratory for items 14 and 20. to the extent of supply, may decommissioning plan before U.S. Nuclear Regulatory Commission, be requested by writing to the Publication completion may wellinvolve health and October 1977. Services Section. Dtvision of Technical safety considerations. Finally, apart 9. H.R. Elder and D.E Blahnik. Technology. Information and Document Control U.S.

from financial considerations. Safety. and Costs of Decommissioning a Nudear Regulatory Commission.

applicants have an incentive to comply Re/emnce Umnium fuelfabncorson P/ cat. Washington. DC 20555.

with regulations governing the NUREG/CR-1266. Pacific Northwest construction of nuclear facilities I.aboratory for U.S Nudear Regulatory Copies of all other reference because their receipt of a perrmt or Commission. October 1990. . documents may be purchased by calhng

10. H.R. Elder. Technology. Sofety. and (301) 492-0530 or wntmg to tSe license for the facility depends upon Costs of Duommissioning a Refennce such compliance. Absent the proposed Pubhcation Services Section. Division of

$$$Y5. '.'Yb decommissioning regulations. no such pa c Technicallnformation and Document incentive would exist to dedicate funds Northwest bboratory for U.S. Nudear Control. U.S. Nuc! tar Regulatory in advance for successful completion of Regulatory Commission. October 1981. Commission. Washington. DC 20555, or decommissioning. 11. C.E. Jerduns. E.S. WThy, and K.I. purchased from the National Technical Schneider. Technology. Safety. and costs of Information Service. Department of For these reasons. I believe the Decommusioning a Reference SmallWed Commerce. 5285 Port Royal Road.

proposed regulations provide a Oxide fuel fabncotica Plant. NUREG/CR- Springfield. VA 22161.

necessary adju.nct to the Commission's 0129. Prepared by Pacific Northwest authonty to ta.e reasonable steps for 1.aboratory for U.S. Nuclear Regulatory EnvironmentalImpace Statement:

the protection of public bealth and Commisuon. February 1979. Availability safety in the decommissioning of 11 E.S. Murphy. Technology Scfety. and nuclear facilities. Costs of Decommissioning Reference Non. As required by the National Aiel. Cycle Nuclear Facihties. NUREG/CR. Enviromner tal Policy Act of 1969, as

• '" 1754. Prepared by Pacific Northwest amended, and the Commission's

1. Plan for Reercluotion o/NRC Policy on Laboratory for U.S Nudear Regulatory regulations in to CTR Part 51. the NRC Decommissionirg of Nec/cor Focilit;es. Comnussion. February 1981. has prepared a draft environmental NUREG.At36. Revision 1. U.S. Nudear 13. J.D. L:;dwick and E.B. Moore, impact statement on the Regulatory Comnussion. December 1978. and Technology. Soie7 cnd Costs of decommissiomng of nuclear facilities.

Supplement 1. July 1980, and Supplement 2. Decommissioning Reference Independent March 1981 Spent Fuels crege Installations. NUREG! This draft environmentalimpaet

2. R I. Smith. G4 Konzek and W.E. CR-2210. Prepared by Pacific Northwest statement is available for inspection and Kermedy. Ir Technology. Sofety, and Costs bboratory for U.S. Nuclear Regulatory cop)ing for a fee in the NRC Public of Decommissioning a Reference Pnssunzed Commission. lanuary 1984 Document Room.1717 H Street NW Water Reactor Power Station. NUREG/CR- 14. Robert S. Wood. Assunt:g f.'e Washington. DC. Single copies of the 0130. Prepared by Pacific Northwest A voilobihty of Funds for DecommissioninJ draft environmentalimpact statement bboratcry for the U S. Nuclear ReFu!atory Nuclear Facdities Draft Report. NUREG- may be obtained from Carl Feldman.

Commission. June 1978. Addendum 1. August 0584. Revision 3. U.S. Nudear T.egulat 7 Office of Nuclear Regulatory Research.

19*9. and Addendum 2. July 19&3. Commission. March 1963. U.S. Nuclear Regulatory Commission.

3. H.D. 0ak. e1 al Technology. Safety. ond 15. Financing Strategies For Naclear Power Costs of Decommissioning a Reference Plant Decominissioning. NUREG/CR-1481 Washington. DC 20555, telephone Boiling WaterReactorPowerStation. Prepared by Temple. Barker and Sloan. Inc (301}443-M10.

NUREC/CR-o672. Prepared by Pacific for U.S. Nuclear Regulatory Commission. July Paperwork Reduction Act Statement Northwest bboratory for the U.S. Nudear 1980.

Regulatory Comnussion. lune 1980, and 16. PL Chemick, et al Design. Costs and This proposed rule amends Addendum. July 1983. Acce! tability of on Electric Ut:! sty Poolfor information collection requirerr.ents that

4. G5 Konsek. Technology. Sofety. and Assuring the Adequacy of Funds for Nuclear are subiect to the paperwork Reduction Costs of Decommissioning Refennce Nuclear Power Piont Decommissioning Fxpense' andAct of 1980 (44 U.S.C. 3501 et seq % Thus Research and Test Reactors. NUREC/CR- NUREC/CR-23:0. Prepared by Analysis 1756 prepared by Pacific Northwest inference. Inc., for U.S. Nuclear Regulatory rule has been submitted to the Office of 1.aboratory for the U.S. Nudear Regulatory Commission. December 1981. Management and Budget for review and Comnussion. February 1981 and Addendum. 17. C.F. Holoway and l. Witherspoon. approval of the paperwork July 1983. Monitanns for Compliance with requirements.

5612 Fedesel Register / Vol. 50, No. 28 / Monday; February 11, 1985 / Proposed Rules Regulatory Anafysia Administration in 13 CFR Part 1 1 (e.g The cost of this requirement depends The Commission has prepared a draft . for most licensees less than 500 on the method usci A surety or regulatory analysis on this proposed employees, for hospitale less than 150 insurance method is likely to be used br regulation. ne analysis examines the beds. and for othermedical licensees smell entities: it is estimated to cost costs and benefits of the alternatives less than $1.5 milhon annual gmss approximately 1 to 2% of the face value.

considered by the Commission. De receipts). I.icensees under 10 CFR Parts or 1 to 2% of decommissioning costs draft analysis is available for inspection 50 and 72 would not be considered small anrmally. plus the administrative cost of and ccpying for a fee in the NRC Public entities. either developing a cost estimate and Document Room.1717 H Street NW. All licensees including small entities reporting on the funding methods to Washington. DC. Single copies of th will be required to keep records NRC or of making a certification. The analysis may be obtained from C.R*9 important to decommissiomng. In ecst of a surety using the presenbed Nfittsen. Otfice of Nuclear Regulatory general, for small beensees, such amounts proposed in the rule would thus Research. U.S. Nuclear Regulatory recordkeeping is " good practice and be in the range of 3500-510.000 per year.

Commission. Washington, DC 20655. should not constitute a significant For a few small entities affected this t:lephone (301) 443-7910. change in operation. Generally, keepm.g would be a significant economic impact.

De Commission requests public records important to decommissioning

, however, these cases would present the comments on the draft regulatory reduces both the coats and health and '

safety impacts of decommissioning and highest risk of default.

cnalysis. Comments on the draft an:iysis may be submitted to the NRC can also result in savings in doses or A more detailed analysis ofimpacts to as indicated under the soonasses costs during operation. Costs of small entities is mcluded in the he:dmg. recordkeeping would tend to be Regulatory Analysis.

recouped either in operstion or at Because of the widely differing Regulatory Maxibility Analysis decommissioning. conditions under which the licensees As required by the Regulatory The changes proposed in Wis rule at covered by this proposed regulation Ruibility Act of 1980. 5 U.S.C. 605(b), the time of termination of license will operate, the Commission is particularly thi NRC has carefully considered the affect few small entities. These changes seeking comment from small entities as effect en small entities in developing the consist primanly of specifying in Inore to how the regulations will affect them proposed rule and has attempted to tier detail contents of decommissioning and how the regulations may be tiered the requirements to reduce the impact plans. presently called or otherwise modified to impose less .

oo small entities to the extent possible " decontamination plans." Although stringent requirements oc small entities while adequately protecting health and more detailed plans may be required while still adequately protecting the safsty. than have been considered acceptable public health and safety. Those small Based on the information presently in the past, there wdl also be a reduction entities which offer comments on how e_viilable. it is not expected that this in admir. strative effort because there the regulations could be modified to proposed rule,if promulgated. wul have will be less uncertainty as to whs t is take into account the differing needs of a significant economic impact on a expected. Overall, these changes are not smell entities should specifically discuss substantial number of small entities. expected to have a significant impact.

Although the impset may be considered the fol!owing items-The most significant impact of this sigmficant to some, for the large rule on hcensees is likely to result from (a) The size of their business and how the pr p sed regulations would result in m iority of small entities,it is expected the financial assurance requirements. A ta be minimal cost estimate for decommissioning and a a significant economic burden upon The proposed rulemaking would method of providing assurance of funds them as compared to larger broadly affect all Commission for decommissioning will be required of organizations in the same business applicants and licensees and, because roughly 830 Commission licensees of commumty.

Agreement States wul be required to which few if any will be small entities. (b) How the proposed regulations m:intain compatibility with the Roughly another 860 Commission could be modified to take into account proposed changes, the proposed rule licensees including about 280 small their differing needs or capabilities, would also affect Agreement State entities will have the option of providing (c) The benefits that would accrue, or applicants and licensees. There are financial assurance in a presenbed the detriments that would be avoided,if approximately 9.000 Comnussion amount and subcdtting a certification to the proposed regulations were modified licenses. which include about 5.200 that effect or submitting a funding plan as suggested by the commenter.

byproduct materiallicenses under Parts to support a lower amount. A similar 30 *hrough 34. 2.500 medical hcenses (d) How the proposed regulations, as number of Ag eement State licensees under Part 35. 400 source material modified, would more closeiy eq ialize would also be affected. Those small licenses under Part 4a 200 production entitles siTected would be almost the impact of NRC regulations or create and utilization licenses (including exclusively indus trial licensees. Because m re equal access to the benefits of approximately 50 applications in various the historicalinformation indicates that Federal programs as opposed to stages of review) under Part 50. 700 such smallindustriallicensees are the providing special advantages to any spicial nuclear materiallicenses under most !ikely to default, it is particularly individuals or groups.

Part 70. and 11icense and approximately important that financial assurance be (e) How the proposed regulations, ss 5 potential applicants under Part 72. provided by these licensees. The rule rhodified would still adequately protect Between 11.000 and 12.000 Agreements allows as much flexibility as possible to the public health and safety.

States' licensees would also be affected. licensees for providing financial ne comrnents should be sent tc the The Commission estimates that assurance. in order to reduce the impact. Secretary of the Commission. U.S.

approsirnately 43 percent of its licensees Also, the economic impact of making Nuclear Regulatory Commission, would be considered small entities cost estimates can be reduced by ustna Washington, DC 20555. Attention:

under the criteria set out in the size the data base which has been Docketing and Service Branch.

standards by the Small Business developed.

l Federal Register / Vol. 50. No. 28 / Monday. February 11, 1985 / Proposed Rules 5613 List of Subjocts Section 30.7 also issued under Pub. L 95- l 30.34 Terme and condmona of scenses.

to1. sec.10. 92 Stat. 2951 (42 U.S.C. 5851). . . . . .

10 CER Port 30 Section aa34(b) also taeued under sec.184. es (h)(1) Each holder of a specific license Byproduct material. Government Stat. 954. es amended (42 U.S C 2234).

Section 30 et also issued under sec.187 se issued on or after [ insert a date 1 year contracts. InteIIovernmental relations

• Stat. 955 (42 U.S.C. 2237). efter the effective date of the final rule]

Isotopes. Nuclear materials. Penalty. For the purpo.es of sec. 2:3 es Stal 95a. as which is of a type desenbed in i 30.35(a)

Radiation Protection. Reporting and amended (42 U.S.C. 2273), il 30.3. 30.34(b) or (b). shall provide financial assurance recordkeeping requirements. and (c). 30.41(a) and (c), and 3o.53 are issued for decommissioning in accordance with under sec.161b. 68 Stat. 948 as amended (4 the cnteria set forth in i 30.35.

10 CFR Port 40 U.S.C. 2 01(b)): and iI 30.36. 3o.51. 30.52. ar.d 30.55 are issued under sec. lelo, se Stat. 950. (2) On or before [ insert a date one Government contracts. Hazardous year after the effective date of the final materiale-transportation. Nuclear matenals. Penalty. Reporting and as amended (42 U.S.C. 22m(oll.

2. Section 30.4 is amended by adding a e re uirements, Source new paragraph (y) to read as follows:

int 35 )e 11 submit a decommissioning funding plan i 30.4 DeGnftions, or a certification of financial assurance 10 CTR Port 50 . . . . . for decommissioning in an amount at least equal to $500.000 in accordance Antitrust. Classified information. Fire (y) " Decommission" means to remove (as a facility) safely from service and wid2 die criteria set fore in i 3a35. If prevention. Incorporation by reference. de licensee submits the cerdScatiots of Intergovernmental relations. Nuclear reduce residual radioactivity to a level that permits release of the property for Snancial assurance rather than a power plants and reactors. Penalty, decommissioning funding plan at this Radiation protection. Reactor siting unrestricted use and termination of time, the licensee shallinclude a criteria. Reporting and recordkeeping license.

3. Section 30.32 is amended by adding demmmiasioning funding plan in any requirements. application for license renewal.

a new paragraph (g) to read as follows:

10 CFR Port 51 (3) On or before [ insert a date 1 year .

j 30.32 AMWcetion for apoctflc scenaea after the effective date of the final rule),

Administrative practice and * * * *

• each holder of a specific license of a procedure. Environmental i= pact type described in i 30.35(b) shell submit statement. Nuclear materials. Nuclear (g) As provided by I 30.35, certain applications for specific licenses filed a certification of financial assurance for 1 power plants and reactors. Reporting decommissioning or a decommissioning and recordkeeping requirements. under this part and Parts 32 through 35 of this chapter must contain a proposed funding plan in accordance with the 10 CTR Part 70 decommissioning funding plan or a critena set forth in i 30.35.

Hazardous matenais--transportation, certification of financial assurance for (4) As of (insert a date 1 year after the Nuclear materials. Packaging and decommissioning. In the case of renewal effective date of the Snal rule), each l containers. Penalty. Radiation applications submitted before [ insert a licensee covered by I 30.35(a) or (b) protection. Reporting and recordkeeping date one year after the effective date of shall provide financial assurance for the final rule) this submittal may follow decommissioning as a condition of requirements. Scientific equipment, the renewal application but must be license.lf a decommissioning funding Security measures. Special Nuclear material. submitted on or before [ insert a date one plan has been submitted to the year after the effective date of the final Commission. implementing the plan 10 CER Port 72 becomes a condition of the license upon rule).

Manpower training programs. Nuclear 4. Section 30.33 is amended by approval of the plan.

materials. Occupational safety and deleting the word "and" fo!!owing (i) Each person licensed under this health. Reporting and recordkeeping paragraph (a)(4), replacing the penod part or Parts 32 through 35 of this requirements. Secunty nicasures. Spent following paragraph (a)(5) with a semi. chapter shall keep records of fuel. colon. adding the word "and" followmg information important to the safe and For the reasons set out in the paragraph (a)(5), and adding a new effective decommissioning of the facility prcambie and under the authority of the paragraph (a)(6) to read as follows: in a file explicitly for this purpose until Atomic Energy Act of1954. as amended, the license is terminated by the g3g33 % g%,

the Energy Reorganization Act of1974. Commission.lf records of relevant l of specmc scenaea. information are kept for other purposes.

> as amended, and 5 U.S C. 553. the NRC l

(a) An application for a specific reference to these records and their is proposing to adopt the following license will be approved if; amendments to 10 CFR Parts. 30, 40. 50, locations may be substituted.

St. 70. and 72. Information the Commission considers (6) The applicant's proposed important to decommissioning consists PART 30-RULES OF GENERAL decommissioning funding plan or of_.

APPLICABILITY TO DOMESTIC certification of financial assurance for (1) Records of spills or other unusual LICENSING OF BYPRODUCT decommissioning,if required by occurrences involving the spread of

( i 30.35(a) or (b). includes sufficient contamination in and around the MATERIAL information to demonstrate that the facility, equipment, or site. These 1:The authority citation for Part 30 is proposed funding method will provide records may be limited to instances revised to read as follows: reasonable assurance that funds will be when sigmficant contamination remains 3 QSg*j et 82 161 1 ea available to decommission the facility in after any cleanup procedures or when a safe and timely manner. there is reasonable likelihood that 234, a3 Stat. 444. as amended (42 U.S C. 2111. * * * *

• contaminants may have spread to 2112. 2202. 2232. 2233. 223a. 22s21: sees. act.

as amended. 202. 2aa se stet.1242. as 5. Section 30.34 is amended by adding inaccessible areas as in the case of amended.1244.124e (42 U.S.C. sa41 so42, new paragraphs (h) and (i) to read as possible seepage into porous materials 5Hel. follows: such as concrete.'nese records must

5814 Federal Register / Vol. 50. No. 28 / Monday. February 11. 1985 / Proposed Rules include any known information on decommissioning including means of amount of the periodic deposits plus identification of involved nuclides, adjusting cost estimates and associated accumulated earnings would be qu:ntities, forms, and concentrations. funding levels over the life of the sufficient to pay decommissioning costs (2) As-built drawings and facility. at the time termination of operation is modifications of structures and (e) Financial assurance for expected. An external sinking fund may equipment in high radiation areas and of decommissioning must be provided by be in the form of a trust, escrow locations of possible inaccessible one or more of the following methods: account. government fund, certifica te of contamination such as buried pipes (1) Prepoyment Prepayment is the deposit or deposit of government which may be subject to contamination. deposit prior to the start of operation securities.

If required drawings are referenced. into an account segregated from licensee (4)In the case of Federal. State, or each relevant document need not be assets and outside the licensee's local government licensees, a indexed individually. If drawings are not administrative control of cash or liquid certification that the appropriate cvailable, the beensee shall substitute assets that will retain their value over appropriate records of available government entity will be guarantor of the projected operating life of the Infirmation concerrung these areas and facility and that are in an amount such decommissioning funds.

locations. that the principal plus accumulated (5) Other funding methods which are

6. A new i 30.35 is added to read as earnings would be sufficient to pay ^

f:llows:

f;**r s o d ab1e decommissioning costs. Prepayment

• I 30.35 Rnancial assurance for may be in the form of a tnast, escrow assurance to methods listed in

- _ . .:. account, government fund, certificate of paragraphs (c)(1) through (3) of this deposit, or deposit of government "C (a) Each applicant for a specific license authorizing the possession and ecunties. 7 dMMn (2) A suretymethodorinsurance. A 70g;ows:

use of unsealed byproduct material of hdf. life greater than 120 days and in surety method or insurance is a guarantee that decommissioning costs gg gew quantities exceeding 10

• times the  %,,

applicable quantities set forth in will be paid should the licensee default.

Appendix C of Part 20 shall submit a A surety method may be in the form of a (a) Except as provided in i 30.37(b) decommissioning fur: ding plan as surety bond letter of credit. line of and paragraph (e) of this section, each d: scribed in paragraph (d) of this credit, secured interest, or other specific license expires at the end of the ,

section. Each holder of such a license. guarantee method. Any surety method day, m the month and year stated in the shall provide financial assurance for or insurance used to provide financial license.

decommissioning: required submittals assurance for decommissioning must (b) Each licensee shall notify the f r providing financial assurance are set contain the following conditions: Commission promptly,in writing under cut in i 30.34(h)(2). (i) The surety or insurance must be l 30.8. and request termination of the (b) Each applicant for or holder of a open-ended or,if written for a specified license when the licensee decides to specific license authorizing possession term, such as five years, must be terminate all activities involving and use of by product material of half. renewed automatically unless 90 days or materials authorized under the license.

life greater than 120 days and in more prior to the renewal date, the - This notification and request for quintities specified in paragraph (c) of issuer notifies the Commission, the termination of the license must include ,

this section shall either-- beneficiary, and the licensee of its the reports and information specified in

( ) Submit a decommissioning funding intention not to ranew.The surety or paragraphs (c)(1) (iv) and (v) of this pl n as described in paragraph (d) of insurance must also provide that the section and a plan for completion of this section; or beneficiary may automatically collect decommissioning if required by (2) Submit a certification that prior to the expiratfor: mthout proof of paragraph (c)(2) of this section or by financial assurance for decommissioning forfeiture if the licensee fails to provide license condition.

has been provided in the amount a replacement acceptable to the prescnbed by paragraph (c) of this Commission within 30 days after receipt (c)(1)If a licensee does not submit an application for licensee renewal under section using one of the methods of notification of cancellation. I 30.37, the !! cense shall on or before the describedinparagraph(e)of this (ii) The beneficiary of the surety or section. For an applicant, this exp ration date specified in the insurance must be a tmstee acceptable license-cartification may state that the to the Commission such as an appropriate assurance will be obtained appropriate state or Federal government (i) Terminate use of byproduct after the application has been approved agency or a major financial material:

cnd the license issued but prior to the organization. (ii) Remove radioactive contamination receipt oflicensed material. (iii) The surety or insurance must mh a mept fu (c) Table of required amounts of remain in effect until the Commission those procedures covered by paragraph financial assurance for decommissioning has terminated the IIcense. (c)(2)(i)of this section:

by quantity of material. (3) An external sinldng fund in which (iii) Properly dispose of byproduct c, e ie m e. . i, ,e deposits are made at least annually, material:

===e===e .me=w w c coupled with a surety method or (iv) Submit a completed form NRC-

"'" 314. which certifies information 01". ,e "c%'",* . ., iv insurance, the value of which may

== .m e w.m.c decrease by the amount being conceming the disposition of materials: ,

'" accumulated in the sinking fund. An and o',,l"Z",f"".,,"c,*,e'C e m w-in e., so _ ,e extemal sinking fund is a fund (v) Conduct a radiation survey of the

,= se" established and maintained by the premises where the licensed activities (d) Each decommissioning funding periodic deposit of a presenbed amount were carried out and submit a report of

. plan must contain a cost estimate for into an account segregated from licensee the results of this survey, unless the

)

decommissioning and a description of assets and outside the licensee's licensee demonstrates that the premises I th2 method of assuring funds for administrative controlin which the total are suitable for release for unrestricted i

Federal Register / Vol. 50. No. 2a / Monday. February 11. 1985 / Proposed Rules 5615 use in some other menner. The licensee willbe completed as soon as is as amended.1244.124e. (42 t.' S C. seat 5842.

shall as appropriate- reasonable and that the health and 5848).

(A) Report levels of radiation in units safety of workers and the public will be Section 40 7 also issued under Pub. L 99 of microrads per hour of beta and adequately protected. ect. sec.10. 92 Stat. 2951 i42 Uit sa51).

gamma radiation at one centimeter and Secuan 40.31 (g) also issued under sec 122. 68 (3) Upon approval of the gamma radiation at one meter from decommissioning plan by the (,*u$hder ec. . S L surfaces. and report levels of Commission, the licensee shall complete amended (42 U.S.C. 2234). Sect:en 40J1 ain radioactavity in units of disintegrations decommissionmg in accordance with the issued under sec.1s7, sa Stat 955 (42 U.S C per minute (or microcunes) per 100 approved plan. As a final step in 2ml.

square centimeters removable and fixed decommissioning, the licensee shall For the purposes of sec. 223. es Stat. 958 as for surfaces, microcuries per milliliter again submit the information required in amended (42 U.S C 2273h il 40.3. 40.2siditt)-

for water, and picocuries per gram for paragraph (c)(1)(v) of this section and (3h 40.35(aHdl. 40 41 (bl and (c). 40.46. 40.51 solids such as soils or concrete: and shall certify the disposition of (el and (cL and 40.s3 are issued under sec.

(B) Specify the suney instrument (s) accumulated wastes for 1 stb. ea Stat s4a. as einended. (42 U.S.C used and certify that es:h instrument is decommissioning. cy[2 properly calibrated and tested. . 40 et 40

, (d)If the mformation submitted under and 40.65 are issued under sec. teto, sa Stat (2)(i)In addition to the mformation paragraphs (c)(1)(v) or (c)(3) of this 950 as amended (42 U.S.C 22cito)).

required under paragraphs (c)(1) (iv) and section does not adequately .

(v) of this section, the licensee shall demonstrate that the premises are 9. Section 40.4 is amended by adding a aut.mit a plan for completion of suitable for release for unrestricted use, new paragraph (r) to read as follows:

decommissioning if the procedures the Commission will inform the licensee necessary to carry out decommissioning i 40.4 Definitions.

of the appropriate further actions have not been previously approved by required for termination oflicense.

the NRC. are extensive, and could (e) Each specific license contmues in (r)" Decommission means to remove significantly increase potential health effect beyond the expiration date if (as a facility) safely from service and and safety impacts to workers or to the necessary with respect to possession of reduce residual radioactidry to a level public such as in cases where- residual byproduct material present as that permits release of the property for (A) Workers would be entering areas contamination until the Commission unrestricted use and termination of not normally occupied where surface notifies the licensee in writing that the license.

contaminatio , and radiation levels are license is terminated. Dunng this time.

• 6*Cd " " N ***dd U significantly higher than routinely the licensee shau- adding a new paragraph (i) to read as encountered during operation: or (1) Limit actions involving byproduct o ows:

(B) Procedures could result in material to those related to { 40.31 Appucat)ons for specific Hcenses.

significantly greater airborne decommissioning; and . . . . .

concentrations of radioactive materials (2) Continue to control entry to than are present during operation: or (i) As provided by I 40.38. certain restricted areas until they are suitable (C) Procedures could result in applications for specific bcenses filed for release for unrestricted use and the under this part must contain a proposed significantly greater releases of Commission notifies the licensee in radioactive material to the environment decommissionmg funding plan or a wnting that the license is terminated.

l than those associated with operation; or (f) Specific Licenses will be terminated cer cation of nnandal assurance for l

(D) Procedures would involve by wntten notice to the licensee when decommissioning. In the case of renewal techniques aot applied routinely dunn8 applications submitted before [ insert a l th'e Commission determines that- date one year after the effectne date of l maintenance operations. (1) Byproduct material has been ,

j (ii) Procedures with potential beelth properly disposed: the final rule] this submittal may follow and safety impacts may not be carried the renewal application but must be (2) Reasonable effort has been made i

out prior to approval of the to the eliminate residual radioactive submitted on or before (insert a date one

! decommissioning plan. contamination. if present; and year after the effective date of the final (iii)"Ihe proposed decommissioning (3)(i) A radiation survey has been NI'I-plan,if required by parag aph (c)(2)(i) of performed which demonstrates that the 11. Section 40.32 is amended by this section or by license condition, must premises are suitable for release for adding a new paragraph (g) to read as include- unrestricted use: or foDows:

(A) Discussion of planned (ii) Other information submitted by I 40.32 GenerW req *ements for tasusnee decommissioning activities: the licensee is sufficient to demonstrate of specme seenses.

(B) Descnption of methods used to that the premises are suitable for release assure protection of workers and the An application'for a specific license for unrestricted use. wt'u be approved if.-

environment against radiation hazards during decommissioning: PART 40--DOMESTIC UCENSING OF (C) A description of the planned final SOURCE MATERIAL, (g) The applicant's proposed radiation survey: and decommissioning funding plan or (D) An updated detailed cost estimate 8.The authority citation for Part 40 certification of financial assurance for for decommissioning. comparison of that continues to read as follows: decommissioning. if required by i 40.36 estimate with present funds set aside for Authority: Seca.62.83.64.65.81.181.182. (a) or (b). includes sufficient information i decommissioning. and plan for assuring 183.1as. sa stat. sat saa, s35. sea, e53 e54. to demonstrate that the proposed l

the availability of adequate funds for e55. as ac2 ended. secs.11e(21. 83. 64. Pub. L funding method wiu provide reasonable e5-604, s2 Stat. atus, as amended. 3039. sec.

i completion of decommissioning. assurance that funds wiu be available to (iv) The proposed deco nmissioning plan wdl be approved by the

[4 2 N. . 1 2113.

2114. 2201. 2232. 2233. 2236. 22821; secs. r4.

decommission the facility in a safe and timely manner.

Commission if the information therein Pub.1. ar-373. 73 Sta t. esa (42 USC. 2021). 12. A new i 40.36 is added to read as demonstrates that the decommissioning eecs. 201 as amended. 20: 20s se siat.1242. follows:

l 5816 Federal Register / Vol. 50. No. 28 / Monday. February 11, 1985 / Proposed Rules 1 40.36 F1nancial assurance for guarantee that decommissioning costs i 40.41 Terme and comittsone oe scensea.

d*comm88830n'a9 will be paid should the licensee default. * * * *

• Except for licenses authorizing the A surety method may be in the form of a (f)(1) Each holder of a specific license r:ceipt. possession. and use of source surety bond. Ietter of credit. line of Issued on or after [ insert a date 1 year material for uranium or thorium milling, credit secured interest. or other after the effective date of the final rule]

or byproduct material at sites formerly guarantee method. Any surety method which is covered by i 40.36 (a) or (b),

associated with such milling, for which or insurance used to provide financial shall provide financial assurance for financial assurance requirements are set assurance for decommissioning must decommissioning in accordance with the forth in Appendix A of this part. criteria contain the following conditions: cnteria set forth in i 40.36.

for providing financial assurance for (i) ne surety or insurance must be (2) On or before [ insert a date one decommissioning are as follows: open-ended or. if wntten for a specified year after the effective date of the final (a) Each applicant for a specific term. such as five years. must be rule]. each holder of a specific license license authorizing the possession and renewed automatically unless 90 days or . covered by i 40.36(a) shall submit a use of more than 100 mci of source more prior to the renewal date, the decommissioning funding plan or mit: rial in a readily dispersible form issuer notifies the Commission. the certification of financial assurance for shrll submit a decommissioning funding beneficiary, and the licensee ofits decommissioning in an amount at least plan. Each holder of such a license shall intention not to renew. Die surety or equal to $500.000 in accordance with the provide financial assurance for insurance must also provide that the criteria set forth in i 40.38. If the dec,mmissioning: required submittals beneficiary may automatically collect licensee submits the certification of for providing financial assura.te are set prior to the expiration without proof of financial assurance rather than a out in i 40.41(f)(2). forfeiture if the licensee fails to provide decommissioning funding plea at this (b) Each applicant for or holder of a a replacement acceptable to the time, the licensee shallinclude a specific license authorizing possession Commission within 30 days after receipt decommissioning funding plan in any and use of quantities of source material of notification of cancellation. application for license renewal greater than 10mrnC1 but dispersi less titan or .ble ( ) ne beneficiary of the surety or (3) On or before [ insert a date l year equal to 100 mCs a readily insurance must be a trustee acceptable after the effective date of the final rule),

form shall either- to the Commission such as an each holder of a specific license covered 8 * " de ssio g ng appropriate state or federal govemment p; , , b,d in r by 5 40.36(b) shall submit a certification .

agency or a major financial of financial assurance for this section: or rganization. decommissioning or a decommissioning (2) Submit a certification that financial assurance for decommissioning WW mety r inmance must fun 6ng Man m accdance M h has been provided in the amount of remain in effect until the Commission criteria set forth in i 40.36.

$100.000 using one of the methods has terminated the IIcense. (4) As of [ insert date 1 year after the disenbed in paragraph (d) of this (3) An extemal sinking fund in which effective date of the final rulel, each section. For an applicant. this deposits are made at least annuaUy. licensee covered by i 40.38 (a) or (b) certification may state that the c upled with a surety method or shall provide financial assurance for appropriate assurance will be obtained insurance. the value of which may decommissioning as a condition of after the application has been approved decrease by the amount being license. If a decommissioning funding and the license issued but prior to the accumulated in the sinking fund. An plan has been submitted to the receipt of licensed material. external sinking fand is a fund Commission, implementing the plan (c) Each decommissioning funding established and maintained by the becomes a condition of the license upon plan must contain a cost estimate for periodic deposit of a prescribed amount approval of the plan.

dscommissioning and a descnption of into an account segregated from licensee (g) Each person licensed under this tha method of assunng funds for assets and outside the !!censee's part shau keep records ofinformation decommissioning including means of administrative controlin which the total important to the safe and effective adjusting cost estimates and associated amount of the periodic deposits plus decommissioning of the facility in a file funding levels over the life of the accumulated earnings would be explicitly for this purpose until the facility. sufficient to pay decommissioning costs license is terminated by the (d) Financial assurance for at the time termination of operation is Commission. If records of relevant decommissioning must be provided by expected. An external sinking fund may information are kept for other purposes, one or more of the following methods: be in the form of a trust. escrow reference to these records and their (1) Prepoyment. Prepayment is the account. government fund. certificate of locations may be substituted.

deposit pnor to the start of operation deposit.or deposit of govemrnent Information the Commission considers into an account segregated from licensee securities. important to decommissioning consists ass:ts and outside the licensee's (4) In the case of Federal. State. or of-cdministrative control of cash or liquid local govemment licensees, a (1) Records of spills or other unusual assets that will retain their value over certification that the appropriate occurrences involving the spread of the projected operating life of the government entity will be guarantor of contamination in and around the facility and that are in amount such that decommissioning funds. facility, equipment. or site. These the principal plus accumulated earnirgs (5) Other funding methods which are records may be limited to instances would be sufficient to pay demonstrated by the applicant or when significant contamination remains d; commissioning costs. Prepapnent licensee to provide comparable after any cleanup procedures or when may be in the form of a trust, escrow assurance to methods listed in there is reasonable likelihood that recount, government fund, certificate of paragraphs (c) (1) through (3) of this contaminants may have spread to deposit. or deposit of government section. Inaccessible areas as in the case of s:cunties. 13. Section 40.41 is amended by possible seepage into porous materials (2) A surety methodorinsurance. A adding new paragraphs (f) and (g) to such as concrete. These records must surety method or insurance is a read as follows: include any known information on

~

- -. . . , )

l Federal Register / Vol. 50. No. 28 / Monday. February 11. 1985 / Proposed Rules 5617 identification of involved nuclides, per minute (or microcunes) per 100 quantities, forms, and concentrations.

approved plan. As a final step in square centimeters removable and fixed decommissioning. the licensee shall (2) As. built drawings and for surfaces. microcuries per nulhbter again submit the information required in modifications of structures and for water, and picocunes per gram for paragraph (c)(1)(v) of this section and equipment in high radiation areas and of solids such as soils or concrete: and shall certify the disposition of locations of possible inaccessible (B) Specify the survey instrument (s) accumulated wastes from contammation such as buned pipes used and certify that each ins trument is which may be subject to contarnination. decommissioning.

properly cahbrated and tested.

If required drawmgs are referenced. (d)If the information submi:ted under (2)(i)In addition to the information paragraphs (c)(1)(v) or (c)(3) of this each relevant document need not be required under paragraphs (c)(1) (iv) and section does not adequately indexed individually. lf drawings are not (v) of this section. the licensee shall demonstrate that the premises are available. the licensee shall substitute submit a plan for completion of appropriate records of available suitable for release for unrestricted use.

decommissioning if the procedures information concerning these areas and the Commission willinform the licensee necessary to carry out decommissioning of the appropriate further actions locations. have not been previously approved by the NRC, are extensive, and could required for termination of license.

14. Section 40.42 is revised to read as follows: . significantly increase potential health (e) Each specific license continues in an safet impacts to workers or to the effect beyond the expiration date if i pu ic su as in cases w cre- necessary with respect to possession of (A) Workers would be entering areas residual source material present as (a) Except as provided in i 40.43(b) not normally occupied where surface

• I th C and paragraph (e) of this section each no if es the I ensee in wnt n the specific license expires at the end of the contamination and radiation levels are significantly higher than routinely Ucense h t Mg Ws h day, in the month and year stated in the encountered during operation: or the licensee s a license. (B) Procedures could result m, III (b) Each licensee shall notify the significantly greater airborne material to those related to Commission promptly,in writing under concentrations of radioactive materials decommissioning: and I 40.5, and request termination of the than are present during operation; or (2) Continue to control entry to license when the licensee decides to (C) Procedures could result in restricted areas until they are, suitable terminate all achvities involving sig*1ificantly greater releases of for release for unrestricted use and the materials authorized under the license. radioactive material to the environment Commission notiDes the licensee in This notification and request for than those associated with operation; or writing that the license is terminated.

termination of the license must inc!ude (D) Procedures would involve (f) Specific licenses will be terminated the reports and information specified in techniques not applied routinely during by wntten notice to the licensee when paragraphs (c)(1)(iv) and (v) of this maintenance operations, the Commission determines that-section and a plan for completion of (ii) Procedures with potential health (1) Source material has been properly decommissioning. if required by and safety impacts may not be carried disposed:

paragraph (c)(2) of this section or by out prior to approval of the license condition. (2) Reasonable effort has been made decommissioning plan. to eliminate residual radioactive (c)(1)If a licensee does not submit an (iii) The proposed decommissioning contamination. if present; and application for license renewal under plan. if required by paragraph (c)(2)(i) of (3)(i) A radiation survey has been i 40.43. the licensee shall on or before this section or by license condition. must performed which demonstrates that tr.e the expiration date specified in the include-license- premises are suitable for release for (A) Discussion of planned unrestncted use; or (i) Terminate use of source material; decommissioning activities:

(ii) Remove radioactive contamination (B) Description of methods used to (ii) Other information subrnitted by to the extent pract2 cable except for assure protection of workers and the the licensee is sufficient to demons ~a:e those procedures covered by paragraph that the premises are suitable for release environment against radiation hazards (c)(2)(i)of this section: during decommissioning: for unrestncted use.

(iii) Properly dispose of source (C) A desenption of the planned final matenal; PART 50-DOMESTIC LICENSING OF radiation survey; and PRODUCTION AND UTlu2ATION (iv) Submit a completed form NRC- (D) An updated detailed cost estimate 314. which certifies information FACILITIES for decommissioning. comparison of that concerning the disposition of materials; estimate with present funds set aside for 15. The authority citation for Part 50 and decommissioning. and plan for assunng continues to read as follows:

(v) Conduct a radiation survey of the the availability of adequate funds for prert.!ses where the licensed acrivities completion of decommissioning. Authorm.: Secs. m a m.182. m a 189. 68 Stat. 936, 937. N8. 953. 954. 953,95& as were carried out and submit a report of (iv) The proposed decommissioning amended, sec.74. 83 Stat.1244, as amended the results of this survey, unless the plan will be approved by the (42 U.S C 21 j :ne. 2202. 2232. 2:33 223c licensee demostrates that the premises Commission if the information therein 2239. 22s21: sees. 202. 20120s. sa Sta t.1241 are suitable for release for unrestricted demonstrates that the decommissioning 1244.1248. as emended (42 U.S C. 5841. 5841 use in some other manner. The licensee will be completed as soon as is 584e esoje shell. as appropriate- reasonable and that the health and e der Pub. L 95-( A) Report levels of radiation in units safety of workers and the public will be s 92 Su m W U.S C 5850 of microrsds per hour of beta and Secuan 50.57td). 50.58,50.91, and 50.92 also adequately protected. Issued under Pub. L 9?-415,96 Stat. 20~2.

gamma radiation at one centimeter and (3) Upon approval of the gamma radiation at one meter from =o 3 (42 U.S.C 2133,2139L Section 50.78 abo decomnussiomng plan by the surfaces, and report levels of issued under sec.122. se Stat. 939 (42 U S C Commission, the licensee shall complete 21521. Sections 5080-60 el also issued unde-radioactivity in units of disintegratione decommissioning in accordance with the sec. m 68 Stat. 954. as amended 142 U.S C

5618- Federal Registee / V21. 50. N:. 28 / Monday. February 11. 1985 / Proposed Rules 2234). Sections 50.100-5o.102 also issued financial arrangements and status of decommissioning costs at the time under sec.188. 68 Stat. 955 (42 U.S.C 2236). funds if the Commission considers this termination of operation is expected. An he the purposes of sec. 223. 68 Stat. 958, as information appropriate.This may extemal sinking fund may be in the form cod c). 50 +4. . 4 .54 a include information regarding a of a trust. escrow account, govemment a) tre issued under sec.1 stb. 68 Stat. 948. as licensee 8 ability to Continue the conduct fund. certificate of deposit of amended (42 U.S.C 220ttb)): il 50.10 (b) and of the activities authorized by the government securities.

(c) and 50.54 are issued under sec. telt. 68 license and to decommission the facility. (iii) A surety method or insurance. A St:t. 949. as amended (42 U.S.C 22c1(i)): and * *

• surety method or insurance is a ll 50.55(e). 50.59ib). 50.70. 50.71. 50.72. 503 (k)(1) For an application for an guarantee that deccmmissioning costs and 50.78 are issued uder sec. teto. 68 Stat. operating license for a production or will be paid should the licensee default.

950, as amended (42 U.S.C 2201(o)).

utilization facility, information on how A surety method may be in the form of a

16. Section 50.2 is amended by adding reasonable assurance will be provided surety bond. letter of credit. line of a n:w persgraph (y) to read as follows: that funds will be available to credit. secured interest. or other decommission the facility. Except in the guarantee method. Any surety method I m2 Dennnione. or insurance used to provide financial case of an electric utility, this information must consist of a proposed insurance for decommissioning must (y)" Decommission ** means to remove decommissioning funding plan. An contain the following conditions.

(es a facility) safely from service and electric utility may submit either a (A) The surety or insurance must be

. reduce residual radioactivity to a level proposed decommissioning funding plan open-ended or. if wntten for a specified that permits release of the property for or a certification that financial term. such as five years. must be unrestncted use and termination of assurance for decommissioning will be renewed automatically unless 90 days or license. provided in an amount at least equal to more pnor to the renewal date the

17. Section 50.33 is amended by $100.000.000 (1984 dollars) adjusted issuer notifies the Commission, the revising paragraphs (f) (2) and (4) and annually for inflation using an inflation beneficiary, who must be a Commission.

adding paragraph (k) to read as follows: rate twice that indicated by the change approved trustee and the licensee ofits 9 50.33 Contents of appucationat general in the Consumer Price Index published intention not to renew.The surety or informanon, by the U.S. Department of Laber. Bureau insurance must also provide that the Each application shall state,* of Labor Statistics.This certification beneficiary may automatically collect

, , , , , - must also show that the financial prior to the expiration without proof of assurance will be provided by a means forfeiture if the licensee fails to provide (f) Except for an electn.c unlity acceptable to the Commission as a replacement acceptable to the applicant for a license to operate a specified in paragraphs (k) (2) and (4) of Commission within 30 days after receipt utilization facility of the type desenbed this section. A decommissioning funding of not20 cation of cancellation.

In i 50.21(b) or i 50.22. information plan must contain a cost estimate for (B) The surety ofinsurance must sufficient to demonstrate to the decommissioning and a description of C:mmission the financial qualification remain in effect until the Commission cf the applicant to carry out,in the method of assuring funds for has terminated the license.

cccordance with regulations in this decommissioning including means of (iv) Intemal reserve. Internal reserve ch pter. the activities for which the adjusting cost estimates and associated is a fund established and maintained by funding levels over the life of the the periodic deposit or crediting of a permit orlicense is sought. As facility, presenbed amount into an account or applicable, the following should be provi ed: (2) As provided in paragraphs (k)(3) reserve which is not segregated from

• * * *

• and (4) of this section. financial licensee assets and is within the assurance may be previded by the licensee's administrative controlin (2)if the application is for an following methods: which the total amount of the periodic c perating license, the applicant shall (i) Pivpayment. Prepayment is the deposits or funds reserved plus submit information that demonstrates deposit prior to the start of operation accumulated earmngs would be the applicant possesses or has into an account segregated from licensee sufficient to pay for decommissioning at re:sonable assurance of obtaining the assets and outside the licensee's the time termination of operation is funds necessary to cover estimated administrative control of cash or liquid expected.This method may use negative operation costs for the period of the assets that will retain their value over net salvage value depreciation in which license, plus the estimated costs of the projected operating life of the funds are invested in licensee assets.

dec:mmissioning the facility.The facility and that are in such amount that and at the end of facility life, bonds are epplicant shall submit estimates for the principal plus accumulated earnings issued against these assets and the t:til annual operating costs for each of would be sufficient to pay funds raised are used to pay for th2 first five years of operation of the decommissioning costs. Prepayment decommissioning. Anintemalreserve facility and estimates of the costs to may be in the form of a trust. escrow may also be in the form of an internal dec:mmission the facility.The applicant account. government fund. certificate of sinking fund which is similar to an shall also indicate the source (s) of funds deposit. or deposit of government extemal sinking fund except that the to c;ver these costs. An application to securities. fund is held and invested by the

. ren:w or extend the term of an [ii) Externolsinkingfund. An external licensee.

(perating license must include the same sinking fund is a fund established and fin:ncial information as is required in (3) For IIcensees other than an electne maintained by the periodic deposit of a utility. acceptable methods of providing an application for an initiallicense. prescnbed amount into an account financial assurance for decommissioning segregated from licensee assets and are-(4) The Commission may request an outside the licensee's administrative (i) Prepayment:

cstablished entity or newly formed controlin which the total ameunt of the (ii) An external sinking fund. in which entity to submit additional or more periodic deposits plus accumulated deposits are made at least annually, detailed information respecting its earnings would be sufficient to pay coupled with a surety method or l__________o_________________ -

3 , - -

~

Federal Register / Vol. 50. No. 28 / Monday. February 11. 1985 / Proposed Rules 561d insurance. the value of which may facility issued on or after (insert a da te 2 decrease by the amount being (2) As-built drawings and years after the effective date of the final modifications of structures and

. accumulated in the sinking fund. rulej shall provide financial assurance (iii) A surety mehtod or insurance; equiprnent in high radiation areas and of for decommissioning in accordance with locations of possible inaccessible (iv)In the case of Federal. State. or an approved decommissioning funding local gosernment licensees, certification plan or by means of a certification as contamination such as buried pipes that the appropriate govemment entity which may be subject to contamination.

provided in i 50 33(k)(1). If required drawings are referenced.

will be guarantor of decommissioning funds; and (2) On or before linsert a date two each relevant document need not be years after the effective date of the final indexed indinduallv. If drawmgs are noe (v) Other funding methods which are demonstrated by the applicant or rule}. each holder of an operating license available. the licens'ee shall substitute licensee to provide comparable for a production or utilization facility in appropriate records of available effect on linsert date immediately information conceming these areas and' assuran.:e to methods listad in preceding the date two years after the

. paragraphs (k)(3)(i) through (iv) of this locations.

section. effective date of the final rulel shall 20. Section 50.55 is amended by submit trJormation on providing revising paragraph (c) to read as (4) For an electric utility, acceptable methods of providing financial f nancialassurance fordecommissioning follows:

as specified in 5 50.331k). Upon approval assurance for decommissioning are- I 50.55 Condnsons of construction U) Prepayment; of a decommissioning funding plan by

' the Commission. the licensee shall P'""d**

(ii) An external sinking fund in which deposits are made at least annually: implement procedures for providmg Each construction permit shall be (iii) A su ety method or insurance: financial assurance for decommissioning subject to the following tenna and (iv) For an electric utility owning more in accordance with the plan. In each conditions:

than one generating facility, an internal certification of financial assurance, the * * * *

• licensee shallindicate that the means of

[ ,(I" u deposits are made at d prodding financial assurance for (c) Except as modified by this section and i 50.55a. the construction permit (v) Other funding methods which are decommissioning are in place. shall ba subject to the same conditions demonstrated by the applicant or (3) A decommissioning funding plan to which a license is subject, not licensee to provide ccmparable will be approved if it includes sufficient including i 50.54(cc).

assurance to methods listed in inf rmati n to demonstrate that a . . . . .

paragraphs (k)(4) (i) through (iv) of this reasonable level of assurance wd, l be provided that funds will be avadable 21. Section 50.82 is reused to read as section. rottowy

18. Section 50.511s revised to read as when needed to cover the costs of follows: decommissioning. I 50.82 A;mucations for termmation of (4) Each licensee shall at or about 5 #C'"** *-

f 50.51 Duration of Econse, renewal. years prior to the projected end of [a] Any licensee may apply to the Each license will be issued for a fixed operation submit a cost estimate for Commission for authonty to surrender a period of time to be specified in the decommissioning based on an up.to- license voluntarily and to decommission license but in no care to exceed 40 years .date assessment of the actions the facility. For a facility that from the date of issuance. Where the necessary for decommissioning arrd. If permanently ceases operation after operation of a facility is involved the necessary, plans for adjusting levels of (insert effective date of the final rule]

Commission will issue the license for funds assured for decommissioning. this a; plication must be made withm the term requested by the applicant or (dd) Each licensee shall keep records two years followmg permanent for the estimated usefullife of the of information important to the safe and cessation of operations. and in no case facility if the Comrniss;on determines effective decommissioning of the facili y later than one year prior to expiration of th.t the estimated usefullife is less than in a file explicitly for this purpose until the operating license. Each application the term requested. Where constru: tion the license is terminated by the for termination oflicense must be of a facdity is involved. the Commission Commission. If records of relevant accompanied. or preceded. b> a may specify in the construction perm:t infurrnation are kept for other purposes, proposed decommissioning plan. For a the period for which the license will be reference to these records and their facility which has permanently ceased issued if approved pursuant to I 50.56. locations may be substituted. operation prior to (insert effectne date 1.icenses may be renewed by the Information the Commission considers of the final rule). requirements for Commission upon the expiration of the important to decommissioning consists contents of the decommissioning plan as period. !!nless application for renewal of- specified in paragraphs (b) through [d) has been made application for (1) Records of spi lIs or other unusual of this section may be modified with termination oflicense pursuant to occurrences involving the spread of approval of the Commission to reflect i 50.82 must be made no later than one contamination in and around the the fact that the decommissioning year prior to the license expiration date, facility. equipment. or site. These process has previously been initiated.

19. Section 50.54 is amended by records may be limited to instances (b) The proposed decommissioning adding new paragraphs (cc) and (dd) to when significant contamination remains plan must include-read as follows: after any cleanup procedures or when (1) The choice of the alternative for I a M censes.' there is reasonable likelihood that decommissioning with a description of contaminants may have spread to actwities involved. Alternative methods Whether stated therein or not. the inaccessible areas as in the case of following shall be deemed conditions in for decommissioning which significantly possible seepage into porous materials delay completion of decommissioning every license issued:

such as concrete. These records must such as use of a storage period, will be include any known information on acceptable if sufficient benefit results:

(cc)(1) Each holder of an operating identification of involved nuclides. (2) A description of controls and limits license for a production or utilization quantities, forms, and concentrations. on procedures and equipment to protect

5829 Federal Register / Vol. 50. No. 28 / Monday. February 11. 1985 / Proposed Rules occup:tional and public health and amended. 202. as Stat.1242. as amended.12 4 Operating License Stage." final saf;ty; (42 0.S.C sa41. 5642k environmentalimpact statement.

(3) A description of the planned final Subpart A also issued under National

• supplement to final environmental m

radiation survey; (4) An updated cost estimate for the

$ ct of 1 ec USC 4332,4334,4335): and Pub. L 954o4.

2' impact statement or records of decision previously prepared in connection with chosen alternative for decommissioninS- Title II. 92 Stat. 3033-0041. Section 51.22 also the construction permit or operating companson of that estimate with issued under sec. 274. 73 Stat. see as license, prtsent funds set aside for amended by 92 Stat. 3036-J(D8 (42 USC. 26. In i 51.55, paragraph (a)is revised decomrnissioning and plan for assuring 2021). to read as follows:

th3 avadability of adequate funds for complition of decomnussioning. 151.20 ! Amended] I 51.55 Environmental Report-Number of (c) Decommissioning plans which 23. Section 51.::0 is amended by proposa an alternative that delays removing paragra phs (b) (5) and (10).(a). Each copies; Dioedbut6en.

appHeant for a license to completion of decommissioning by 24. Section $1.22 :s amended by construct and operate a production or including a period of storage or long- adding a new paragraph (c)(19) to read utilization facility covered by t;rm surveillance must provide that- as foHows: paragraphs (b)(1). (b)(2). (b)(31 or (b)(4)

(1) Funds needed to complete 151.22 citeerson for and identrtiestion of of i 51.20 and each applicant for a d: commissioning be p!sced into an ucensine and requistory actione eagebee for license amendment authorizing the account segregated from licensee assets categoncas eachaeton. decommissioning of a production or and outside thelicensee's . * * . . utilization facility covered by 151.20.

administrative control during the storage (c)De foUowing categories of actions and each apphcant for a license or er surves!!ance period, or a surety are categoncal exclusions: license amendment to store spent fuel at i method or fund certification be . . . . . a nuclear power reactor after expiration l maint:ined in accordance with the (19) Approvals of decommissioning o the operaung Mcuse for the nuclear crittria of & 50.33(k); and power reactor shall submit to the (2) Means be included for adjustin8 funding plans'

25. In 151.53 paragraph (b)is revised Director of Nuclear Reactor Regulation c:st estimates and associated funding to read as follows: r the Director of Nuclear Material levels over the storage or surveillance Safety and Safeguards. as appropriate, pInod. I $ t.53 Suppiernent to Environmental forty-one (41) copies of an (d) For decommissioning plans in Report, environmental report. or any supplement which the major dismantlement (b) Post cperating license stage. Each to an environmental report. The tctivities are delayed by first placing applicant for a license amendment applicant shall retain an additional 109 thi ficility in storage, planning for these authorizing the decommissioning of a copies of the environmental report or d;layId activities may be less detailed. production or utilization facility covered any supplement to the environmental Updat;d detailed plans must be by 151.20 and each applicant for a report for distribution to parties and siboutted and approved prior to the license orlicense amendment to store Boards in the NRC proceeding. Federal, start cf these activities. spent fuel at a nuclear power reactor State, and local officials and any

(:)If the decommissioning plan after expiration of the operating license affected Indian tribes. In accordanca d:monstrates that the decommissioning for the nuclear power reacter shall with written instructions issued by the will be performed in accordance with submit with its application the number Director of Nuclear Reactor Regulation th) regulations in this chapter and wtU of copies, as specified in i 51.55. of a or the Director of Nuclear Material n:t be inimical to the common defense separate document, entitled Safety and Safeguards, as appropriate.

" Supplement to Applicant's * * * *

• and secunty or to the health and safety cf th2 public. and after notice to Environmental Report-Post Operating 27. Sectier: 51.80 is amended by interested persons, the Commission will License Stage." which will update revising paragraph (a) and adding e new issue an order authorizing the " Applicant's Environmental Report- paragraph (c) to read as follows:

decommissioning. Operating Ucense Stage." as (f) The Commission will terminate the appropnate, to reflect any new I 51.60 Environmental Report-hterta6s license if it determines that- information or sigm5 cant environmental " * * * * * * -

(1) The decomadssioning has been change associated with the applicant's (a) Each applicant for a license or perf.rmed in accordance with an proposed decommissioning activit:es or other form of permission.or an approved decommissioning plan and with the applicant's proposed activities amendment to or renewal of a license or cny conditions in the order authorizing with respect to the planned storage of other form of permission issued dec:mmissioning: and spent fuel Unless otherwise required by pursuant to Parts 30.32.33,34.35.40,81.

t (2) The terminal radiation survey and the Commission. in accordance with the 70 and/or 72 of this chapter, and associated documentation demonstrates generic determination in i 51.23(a) and covered by paragraphs lb)(1Hb)(s) of th:t the facility and site are suitable for the provisions in 5 51.23(b) the this section, shall submit withits r: lease for unrestricted use. applicant shall only address the application to the Director of Nuclear environmentalimpact of spent fuel -

Material Safety and Safeguards the PART 51-ENVIRONMENTAL storage for the term of the license number of copies, as speofied in i 51.68.

PROTECTION REGULATIONS FOR applied for. The " Supplement to of a separate document, entitled .

l DOMESTIC UCENSING AND RELATED Applicant's Environmental Report-Post " Applicant's Environmental Report" or l REGULATORY FUNCTIONS Operating ucense Stage" may " Supplement to Applicant's I

incorporate by reference any Environmental Report." as appropriate.

l 22.The authority citation for Part 51 information contained in " Applicant's The " Applicant's Environmental Report" c:ntinues to read as follows:

Environmental Report-Construction shall contain the information specified Authoriry: Sec.181. es Stat. 948, as permit Stage."" Supplement to " in i 51.45,if the application is for an s mended (42 U.S.C. 2aot): seca. 201. as Applicant's Enytronment Report- amendment to or a renewal of a license l

l i

, - - - - ,,.i__. _ _ , , . . _ _ _ . - _ _ _

Federal Register / Vol. 50. No. 28 / Monday. February 11. 1985 / Proposed Rules 5621 or other form of permisston for which the applicant has previously submitted PART 70--DOMESTIC 1.lCENSING OF year after the effective date of the final an environtrental report the supplement SPECIAL NUCLEAR MATERfAl. rule).

to applicant's environmental report may 29. The authority section for part 70 is be limited to incorporating by reference, revtsed to read as follows: 32. Section 70.23 is amended by updating or supplementing the information previously submitted to Authority: Secs. S t. 53.181.182.183, sa adding a new paragraph (a)(12) to read Stat. 9 9. 930. Sea. 953. 954, a s amended. sec. as follows:

reflect any significant etnironmental change. includmg any significant 214. 83 Star. 444. as amended I42 U.S C 201. l 70.23 Requirements for the approvat of environmental change resulting from r3. :001. 2:3 . :233. 2:a:L secs. 201 as appucatana.

amended. 02. 204. 206. 88 Stat.124 . as operational expenence or a change in amend 1 1245.1246 (42 U.S C 5641, (a) An application for a license will be operations or proposed approved if the Commission determines decommissioning activities, .

Section 27 aiso issued under Pub. L 95-eat. sec. m 9: Stat. 2sst N U.S.c sastl. *

• Section 70.21(g) also issued under sec.122. sa (c) An applicant for a license or (12)"Ilse applicant's proposed Stat. 939 (42 USC 2152). Section m31 also license amendment to store spent fuel at issued under sec. 57d. Pub. L 93-377. 88decommissioning Stat. funding plan or a nuclear power reactor after expiration W4:USC 20m sectons 70.36 and 70 44 certification of financial assurance for of the operstmg license for the nuclear ' decommissioning. If required by I 70.25 power reactor shaU comply with the *'"' u (F ded[ on' et also (a) r (b). Includes sufficient information requirements for environmental reports issued under seca.186. ter, se Stat. 955 (42 to demonstrate that the propose in $ 51.53(b). instead of the requirementa USC 2:3a. 2:37). Section ms: also usued funding method wiU provide reasonable in this section. under sec. too, so Stat. 939. as amended (4:

U.S C 213a!. assurance that sufficient funds will be For the purposes of sec. 2:3. es Stal a9% safeasand available to decommission the timely manner.

I 51.95 (Amended) amended (42 USC 2273). II m3 m19(c), * * * * *

28. In i 51.95. parag aph (b) is revised l m2ttc) 70.22(a). (b). (dHk) 70.24 (a) and (b)-

to read as follows: 70.3 'a)(3). (5) (el. (d) and (i). 70.36. 70.3933. (b)A new I 70.25 is added to read as and (c). 44Ma). m42 (a) and (c). M56. 70.57 follows:

(b). (c) and (d). 70.sa(aHs)(3), and (bHI) are (b) Post operating hcense stoge. In tasued under s c.16th 68 Stat. 948 as $ 70.25 Financsalassuranco for ,

amended (42 U.S.C 2:ottb)); il Mr. m20s connection with the a nendment of an (a) and (d). 70.00b (c) and (e). 70.21(c1-c+x. . " m .s.

operating license authonzing the 70.24;b). 70 32f a)(6). (c). (dj. (e), and (at 70.36. (a) Each applicant for a specific decommissioning of a production or 70.51(cHgJ. 456. m37 (b) and (d) and license authorizing the possession and utilization facility covered by I 51.20 or with the issuance. aryndment or (83I 3 ,

du j,'u[gu use of unsealed special nuclear material e in quantities exceeding 10' times the renewal of a license tpstore spent fuel 2001iil): and 1170.20b (d) and (e). m38. 251 applicable quantities set forth in at a nuclear power resctor after (b) and (i). ?u2. 453. 70.54,455. 458 Appendix C of Part 20 shall submit a expiration of the operating license for (g)(4). (k), and (1) m59 and 200 (b) and (c) decommissioning funding plan as the nuclear power reactor, the NRC staff are issued under sec.181o. es Stat. 950. as described in paragraph (d) of this will prepare a supplemental amended (42 USC 2:01(o1).

section. Each holder of such a license environmentalimpact statement for the 30. Section 70.4 is amended by adding shall provide financial assurance for post operating license stage or an a new paragraph (x) to read as follows: decommissioning: required submittals environmental assessment, as for providing financial assurance are set appropriate, which will update the prior Im4 Dannttions.

. * * *

• out in i 70.32(k)(2).

environmental review. The supplement (b) Each applicant for or holder of a or assessment may incorporate by (x)" Decommission" means to remove specific license authorizirig possession reference any information contamed in (as a facility) safely from service and and use of unsealed special nuclear the final env:ronmentalimpact reduce residual radioactivity to a level materialin quantities specified in statement, the supplement to the final that permits release of the property for paragraph (c) of this section shall environmentalimpact statement- unrestricted use and termination of either-operating license stage. or in the records license (1) Submit a decommissioning funding of decision prepared in connection with 31.Section 70.22 is amended by plan as described in paragraph (d) of the construction permit or the operating *dding a new paragreph (a)(9) to read as this secdon: or license for that facility. The supplement I U **. (2) Submit a certification that will include a request for comments as financial assurance for decommissioning provided in 151.73. Unless otherwise I 70.22 contents of appnestions.

has been provided in the amount required by the Commission. in (a) Each application for a license prescribed by paragraph (c) of this accordance wi:h the generic contain the following information: .sh.a.ll ,

section using one of the method,s determination in i 51.23(a) and the *

• described in paragraph (e) of this provisions of i 51.23(b), a supplemental (9) As provided by I 70.25. certain section. For an applicant, this environmentalimpact statement for the 8pplications for specific h, censes f!!ed certification may state that the post operating license stage or en under this part must contain a proposed appropriate assurance will be obtained environmental assessment as decommissioning funding plan or a after the application has been approved appropriate, will address the environmentalimpacts of spent fuel certmedon of financial assurance for and the license issued but prior to the decommissioning. In the case of renewal receipt oflicensed material.

storage only for the term of the license, applications submitted before [ insert a (c) Table of required amounts of license amendment or license renewal date one year after the effective date of financial assurance for decommissioning apphed for- by quantity of material.

the final rule) this submittal may follow

• *

• the renewal application but must be submitted on or before [ insert ae7.ls'o==== date one 8="e**a M dc * **w ****S saae.aao

5822 Federal Register / Vol. 50. No. 2a / Monday, February 11. 1985 / Proposed Rules o w w == e. . a =

• external sinking fund la a fund Commission. implementing the plan becomee a condition of the license upon M - *""" * *" c ,

established and maintainedby the periodic deposit of a prescribed amount approvalof the plan.

(d) Each decommissioning fundm.g into an account segregated from licensee (1) Each person licensed under this plan must contain a cost estimate for assets and outside the licensee's part shall keep records of information decommissioning and a description of administrative control in which the total important to the safe and effective the method of assuring funds for amount of the periodic deposits plus decommissioning of the facility in a file d; commissioning including means of accumulated earnings would be explicitly for this purpose until the cdjusting cost estimates and associated sufficent to pay decommissioning costs license is terminated by the funding levels over the life of the at the time termination of operation is Commission. If records of relevant facility. ,

expected. An external sinking fund may information are kept for other purpcses.

(e) Financial assurance for be in the form of a trust, escrow reference to these records and their decommissioning must be prosided by . account, government fund certificate of locations may be substituted.

cne or more of the following methods: depoast or deposit of government Information the Commission considers (1) Prepoyment. Prepayment is the securities. important to decommissioning consists deposit prior to the start of operation (4)In the case of Federal. State or of ints an account segregated from licensee local govemment licensees, a (1) Records of spills or other unusual assets cnd outside the licensee s certification that the appropriate occurrences involving the spread of adnumstrative control of cash or liquid govemment entity will be guarantor of contamination in and around the asnts that will retain their value over decommissioning funds. facility equipment.or site.These th2 projected operating life of the (5) Other funding methods which are recortis may be limited to instances freility and that are in amount such that demonstrated by the applicant or when significant contamination remains the principal plus accumulated earmngs hcensee to provide comparable '

after any cleanup procedures or when wo9d be sufficient to pay assurance to methods listed in there is reasonable likelihood that decommissioning costs. Prepayment paragraphs (c)(1) through (3) of this contaminants may have spread to may be in the form of a trust. escrow section. ac iMe areas in th ' f account, government fund. certificate of 34.Section 70.32 is amended by , ,,e into pormis materials deposit. or deposit of government adding new paragraphs (k) and (1) to such as concrete.These records must securities. read as follows: - include any known information on (2) A surety methodorinsurance. A identification of involved nuclides.

surety method or insurance is a l 70.32 Conditions of Heenees. quantities forms and concentraticas.

guarantee that decommissioning costs 2 a will be paid should the licensee default. (k)(1) Each holder of a specific license g d A surety method may be in the form of a issued on or after (insert a date 1 year l surety bond, letter of credit,line of after the effective date of the final rule] [9 g" 'g' ', bb and of credit. secured interest, or other which is of a type described in i 70.25(a) contamination soch as buried pipes gurtsntee method. Any surety method or (b). shall provide financial assurance which may be subject to contamination.

or insurance used to provide finandal for decommissioning in accordance with ind drWs are afennced, If assurance for decommissioning must the criteria set forth in i m25. each relevant document need not be cintain the following conditions: (2) On or before insert a date 1 year indexed individually. If drawings are not (i)The surety or insurance must be after the effective ate of the final rule] available. the licensee shall substitute open-ended or,if written for a specifed each holder of a specific license of a " n ds a ad M term. such as five years, must be type desenbed in 6 70.25(a) shall submit yP d ese abas and renewed automatically unlesa 90 days or a decommissioning funding plan or more prior to the renewal date the certification issuer notifies the Commission. the decommissioning of in anfinancial assurance foron. 70.38 amount at least I0f5 is revised to read as equal to $500.000 in accordance with the f0ll0**

b;neficiary, and the licensee of its intention not to renew. The surety or cnteria set forth in i 70.25. If the I 70.as Ezpiration and tenn8 nation of insursrice must also provide that the licensee submits the certification of "******

beneficiary may automatically collect financial assurance rather than a prior to the expiration without proof of decommissioning funding plan at this (a) Except as provided in i m33(b) forfeiture if the licensee fails to provide time, the licensee shallinclude a and paragraph (e) of this secticn. each a replacement acceptable to the decommissioning funding plan in any specific license expires at the end of the Commission within 30 days after receipt application for license renewal. day. in the month and year stated in the (3) On or before (insert a date 1 year license.

• of notification of cancellation. after the effective date of the final rulel (b) Each licensee shah notify the (ii)"Ihe beneficiary of the surety or insurance must be trustee acceptable to each holder of a specificlicense of a Commission promptly,in wnting under the Commission such as an appropriate type descnbed in 170.25(b) shall submit i 70.5 and request termination of the state or federal govemment agency or a a certification of financial assurance for license when the licensee decides to m*r financial organization. decommissioning or a decommissioning terminate all activities invohing (iii) The surety or insurance must - funding plan in accordance with the materials authorized under the license.

r:mrin in effect until the Commission criteria set forth in 170.25. This notification and request for h s terminated the license. (4) As of [ insert a date 1 year after the termination of the license must icelude (3) An external sinking fund in which effective date of the final rule] ecch the reports and information specifiedin deposits are made at least annually, licensee covered by I 70.25 (a) or (b) paragraphs (c)(t (iv) and (v) of this coupled with a surety method or shall provide financial assurance for section and a plan for completion of insurance,the value of which may decommissioning as a condition of decommissioning if required by dIcrease by ihe amount being license. If a decommissioning funding paragraph (c)(2) of this section or by accumulated in the sinking fund. An plan has been submitted to the license condition.

Faderal Register / Vol. 50. No. 28 / Monday. February 11, 1985 / Proposed Rules 5623 (c)(illi a licensee doea not submit an out prior to approval of the application for license renewal under (2) Reasonable effort has been made decommissiomng plan.

i 70.33. the licensee shall on or before ,

to eliminate residual radioactive the expiration date specified in the (iii) The proposed decommissioning contamination. If present. and license- plan. if required by paragraph (c)(2)(i) of (3)(i) A radiation survey has been (i) Terminate use of special nuclear this section or by license condition. must performed which demonstrates that the include- premises are suitable for release for matenah (A) Discussion of planned unrestncted use: or (ii) Remove radioactive contamination decommissioning activities; to the extent practicable except for (B) Desenption of methods used to (ii) Other information submitted by those procedures covered by paragraph assure protection of workers and the the licensee is sufficient to demonstrate (c)(2)(i)of this section: that the premises are suitable for release environment against radiation hazards (iii) Properly dispose of special for unrestricted use.

during decommissioning:

nuclear materish [C] A desenption of the planned final (iv) Submit a completed form NRC- PART 72--UCENSING radiation survey: and REQUIREMENTS FOR THE STORAGE 314, which cettifies information concerning the disposition of materials; (D) An updated detailed cost estimate OFSPENTFUELIN ANINDEPENDENT and for decommissioning. comparison of that SPENT FUEL STORAGE estimate with present funds set aside for INSTALLATION (v) Conduct a radiation survey of the .

decommissioning, and plan for assuring premises where the bcensed activities the availability of adequate funds for 36. The authority citation for Part 72 is were canied out and submit a report of complenon of decommissioning. revised to read as follows:

the results of this survey. unless the (iv)The proposed decommissioning Authority: Secs. 51. 53, 57. 62. 63. 65. 69. 81.

licensee demonstrates that the premises plan will be approved by the 1et. tat 1s3.184. tea 1st tea 68 Sist 909.

are suitable for release for unrestncted Commission if the information therein 83" " " 1 834 # 5 " ' 851 85* 855 **

use in some other manner.The licensee demonstrates that the decommissioning '"

• shall. as appropriate-- g'42U o}3 will be completad as soon as is 209 (A) Report feve!s of radiation in units 2111. :201. 2:32. 2233. 223o 2:38. 2:3L 2:39.

of microrads per hour of beta and reasonable and that the health and safety of workers and the public will be 2:s:1: sec. 2 4. Pub. L e6-273. 73 Stat 668. as gamma radiation at one centimeter and sciended by (42 U.S.C. :c21k seca. :01. as adequately protected.

gamma radiation at one meter from amended. 20:. 206. sa Stat.1241 as amended, (3) Upon approval of the surfaces. and report levels of 1:44.1246 (42 U.S C. 5841. 5&42. 5846h Pub. t.

decomrnissioning plan by the 95-Oct. uc.10. 92 Stat. 2951 (42 U.S.C. 58511 radioactivity in units of disintegrations Commission, the licensee shall complete per minute (or nucrocuries) per 100 decommissioning in accordance with the 37. Section 72.3 is amended by addmg square centimeters removable and fixed a new paragraph (y) to read as follows:

approved plan. As a final step in for surfaces, microcuries per milliliter decommissioning. the licensee shall 1 72.3 Defimfjona.

for water. and picocuries per gram for again submit the information required in * * * *

• solids such as soils or concrete: and paragraph (c)(1)(v) of this section and (B) Specify the survey instrument (s) (y) " Decommission" means to remove shall certify the disposition of (as a facility) safely from service and used and certify that each instrument is properly calibrated and tested. accumulated wastes from reduce residual radioactivity to a level decommissioning.

(2)(i)in addition to the information that permits release of the property for required under paragraphs (c)(1) (iv) and paragraphs (d)If the information submitted under unrestricted use and termination of (c)(1)(v) or (c)(3) of this license.

(v) of this section. the licensee shall section does not adequately submit a plan for completion of demonstrate that the premises are 38. Section 72.14 is amended by decommissioning if the procedures revising paragraph (e)(3) to read as suitable for release for unrestricted use. follows:

necessary to carry out decommissioning the Commission will inform the licensee have not been previously approved by of the appropnate further actfons I 72.14 contents of applicattoru General the NRC, are extensive, and could required for termination oflicense. and ananetaunfonnation.

significantly increase potential health le) Each specific license continues in * * * *

• and safety impacts to workers or to the effect beyond the expiration date if public such as in cases where- (e) * *

• necessary with respect to possession of (3) Estimated decommissiomng costs.

(A) Workers would be entering areas not normally occupied where surface residual special nuclear material present and the necessary financial as contamination until the Commission arrangements to provide reasonable contamination and radiation levels are notifies the licensee in writing that the significantly higher than routinely assurance prior to licensmg that heense is terminated. Durmg this ume. decommissioning will be carned out encountered during operation: or the licensee shall-(B) Procedures could result in after the removal of spent fuel from (1) Limit actions involving special storage.

sigmficantly greater airborne nuclear matenal to those related to a * * *

• concentrations of radioactive materials decommissioning: and than are present during operation: or (2) Continue to control entry to 39. Section 72.18 is' revised by revising (C) Procedures could result in restricted areas until they are suitable paragraph (b) and adding a new significantly greater releases of paragraph (c) to read as follows:

for release for unrestncted use and the radioactive material to the environment Commission notifies the bcensee in I 72.18 Decommiserontng plan, includeg than those associated with operation: or wnting that the license is terminated, nnancms.

• (D) Promdures would involve (f) Specific licenses will be termmated * * * *

• techniques not applied routinely during by written notice to the licensee when maintenance operations. (b) The decommissioning plan must the Commission determines that- contain information on how reasonable (til Procedures with potential health (1) Special nuclear material has been and safety impacts may not be carried assurance will be provided that funds property disposed:

will be available to decommission the o

5824 Federal Register / Vol. 50. No. 28 / Monday. February 11. 1985 / Proposed Rules ISFSL This information must include a accumulated eamings would be indexed individually. If drawings are not cost estimate for decommissioning and a . sufficient to pay decommissioning costs available the licensee shall substitute d:scription of the method of assunng at the time termination of operation is appropriate records of available funds for decommissioning including expected. An extemal sinking fund may information conceming these areas and me:ns of adjusting cost estimates and be in the form of a trust, escrow locations.

associated funding levels over the hfe of account, government fund. certificate of . . . . .

ths ISFSL deposit. or deposit of govemment 41. Section 72.38 is revised to read as (c) Financial assurance for secunties. gogg **,

• deccmmissioning must be provided by (4)In the case of Federal State, or one or more of the following methods: local government licensees certification 3 72.34 AppHcations for termination of (1) Pmpoyment. Prepayment is the that the appropriate govemment entity scenses, deposit prior to the start of operation willbe guarantor of decommissioning (a) Any licensee may apply to the inta an account segregated from licensee funds. Commission for authority to surrender a essets,and outside the hcensee's (5) Other funding methods which are license voluntarily and to decommission cdmuustrative control of cash or liquid demonstrated by the applicant or the ISf31.This application must be casets that will retain their value over hcensee to provide comparable made within two years following the projected operating life of the ISFSI assurance to methods listed in permanent cessation of operations. and end that are in amount such that the paragraphs (c) (1) through (3) of this in no case later than one year prior to principal plus accumulated earnings section. expiration of the license. Each would be sufficient to pay 40. In 172.33 new paragraphs (b) (6). application for termination of license dec mmissioning costs. Prepayment and (7) are added to read as follows: must be accompanied, or preceded, by a

$ 72.33 menee conetsone. proposed final decommissioning plan.

ccc t gave nt fun ce a e of * * * * * (b) ne proposed final deposit, or deposits of government decommissioning plan must include-secunties. (b) Every license issued under this (2) A surerymethodorinsumace. A part shall be subject to the fol!awmg (1) The choice of the alternative for surety method or insurance is a conditions, even if they are not decommissioning with a description of gu:rantee that decommissioning costs explicitly stated therein: activities involved. Alternative methods will be paid should the licensee default. * * * *

• for decommissioning which sigmficantly A surety method may be in the form of a (6) The licensee shallimplement delay completion of decommissioning, surety bond letter of credit,line of procedures for providing financial such as use of a storage period, will be credit. secured interest, or other assurance for decommissioning in accepteble if sufficient benefit results:

guarantee method. Any surety pethod accordance with the approved (2) A description of controls and limits or insurance used to provide financial preliminary decommissioning plan. on procedures and equipment to protect insurance for decommissioning must (7) Each licensee shall keep records of occupa*ional and public health and contain the following conditions: information important to the safe and safety; (i) ne surety or insurance must be effective decommissioning of the facility (3) A description of the planned final cpen-ended or,if written for a specified in a file explicitly for this purpose until radiation survey: and term, such as five years, must be the license is terminated by the (4) An updated detailed cost estimate renewed automatically unless 90 days or Commission. lf records of relevant for the chosen attemative for more pride to the renewal date, the information are kept for other purposes, decommissioning. comparison of that '

issuer notifies the Commission. the reference to these records and thetr estimate with present funds set aside for beneficiary, which shall be a locations may be substituted. decommissioning, and plan for assunna Commission-approved trustee, and the Information the Commission considers the avadability of adequate funds for lic:nsee of its intention not to renew, important to decommissioning consists completion of decommissioning Th3 surety or insurance must also of- including means for adjusting cost provides that the beneficiary may (i) Records of spills or other unusual estimates and associated funding levels autzmatically collect prior to the occurrences involving the spread of over any storage or surveillance penod.

contamination in and around the cxpiration without proof of forfeiture tf (c) For final decommissioning plans in the licensee fails to provide a facility, equipment or site.These recorda may be limited to instances which the major dismantlement r1 placement acceptable to the activities are delayed by first placing C:mmission withm 30 days after receipt when significant centamination remains the ISFSI in storage, planning for these cf notification of cancellation. after any cleanup procedures or when delayed activities may be less detailed.

(ii) The surety or insurance must there is reasonable likelihood that contaminants may have spread to Updated detailed plans must be r: main in effect until the Commission submitted and approved prior to the has terminated the license. Inaccessible areas as in the case of (3) An extemal sinking fund in which possible seepage into porous materials start of such activities.

d: posits are made at least annually, such as concrete. These records must (d)If the final decommissioning plan coupled with a surety method or include any known information on demonstrates that the decommissioning insurance, the value of which may identification of involved nuclides, will be performed in accordance with decrease by the amount being quantities, forms, and concentrations, the regulations in this chapter and will accumulated in the sinking fund. An (ii) Aa built drawings and not be inimical to the common defense extemal sinking fund is a fund modifications of structures and and security or to the health and safety est:blished and maintained by the equipment it. high radiation areas and of of the public, and after notice to periodic deposit of a prescribed amount locations of possible inaccessible interested persons, the Commission will ints an account segregated from licensee contamination such as buried pipes issue an order authormng the assets and outside the licensee's which may be subject to contamination. decommissioning.

administrative controlin which the total if required drawings are referenced. (e) The Commission will terminate the cmount of the periodic deposits plus each relevant document need not be license if it determines that-m ' - ~

~

i

. Federal Register / Vol 50, No. 28 / Monday. February 11. 1965 / Proposed Rules 5825 4

(1) The decommissioning has been East Marginal Way South. Seattle, eystems; erroneous autostat operationr.

performed in accordance with an Washington. and secondary effects on yaw damper approved final decommissioning plan Poa puerresen issponesafiose costrAct: Performance.

and any conditions in the order Mr. Frank vanleyheeele. Systems and Since these unsafe conditions may authonzing decommissioning; and Equipment Branch: telephone: (205) 431-

)

exist or develop on other Model 767. 757 (2) The terminal radiation survey and 2948. Mailing address: Seattle Aircraft 737 and 727 series airplanes, an i

y associated documentation demonstrates Certification Office. FAA. Northwest airworthiness directive la proposed to I

that the ISFSI and site are suitable for Mountain Region.17900 Pacific Highway require

(a) initial and intens

• l release for unrestricted use. South.C maana Seattle Washington inspection (s) to insure that the vane is 3

Deted at Waslungton. D.C. tius 5th day of 98168. free to move and provide damping (this '

, Febnsary 1985. can be performed with the assembly For the Nucleat Repletery Coenusessa. StfPPlassE887AftV INPonesAfloN: instSIled); and (b) a Complete one-time Sassumi l. Chilk. f'-ta invitoo inspection which requires opening of the 1 8'cmaryeMe commissi'*

Interested persons are invited to *****"**#****** "" * * * " *

[m Doc.a6-M13 Flied 344k tes amj i

j saAsa come resms

• participate in the making of the proposed rule by submitting such

$jbpm ed. a ty a w wntten data views, or arguments as assemblies must be re noved from the

they may desire. Comn.unications airplane for rewwk. 1 should identify the !a dock' It is estimated that 87 airplanes of U.S. I

DEPARTMENT OF TRANSPORTATION g dh registry would be affected by this AD

uphca o )

Federal Aviation Administration the a dre e fi und the caption ,]8 0 t*"

9, Py*88* g, 14 CFR Port 39 communicatrions received on or before required inspection. removal, rework. ,

the closina data for comments specined and/or replacement: and that the

loseksuse,s&ases.ta&Anl evnage labw cut wald be S40 per above will be considered by the Airworthiness Demetives

Boeing A * "

th p d h t i fI AD be

, Model 767,757,737, and 727 h A Planes contained in this notice may be changed IIE4*E in light of the coenments received. AU For the roesons dracussed obtne the Aosacy: Federal Aviation comments submitted wt3 he available. FAA has determined that this document Administration (FAA). DOT. both before and after the closing date (1) involves a proposed regulation which Actiosc Notice of Proposed Rulemaking for comments,in the rules docket for is not major under Executive Order (NPRM). examination by interested persons. A 12291 and (2)is not a significant rule report summaruing each FAA/public, pursuant to the Department of suasesAny:This notice proposes a new contact concerned wuh the substance of Transportation Ragu!atory Policies and airworthmens directive (AD) that would this proposal wiU be filed in the rules Procedures (44 FR 11(n4: February 26.

regure rework of the P-==nant angle docket. 1979)

and it is certified under the of attack (AOA)eenance on Boeing criteria of the Regulatory Flexfbility Act l Model 767 and 757 senes airplanea and AvailabHity of NPRN that this proposed rule,if promulgsted, on certain Model 737 and 727 series Any person may obtain a copy of this will not have a significant economic i airplanes. Darms remittng inspections Notim of Proposed Rulemaking (NPRM) impact on a substantial number of smaB by the airframe manafacturer. it was, by submitting a request to the Federal entities, since few. if any. Boeing Model l found that sons internal gears were not Aviation Administration. Nerthwest 767. 757. 737, and 727 series airplanes secured to the shaft and caused 4

Mountain Region. Office of the Regional are operated by small entines. A erroneous AOA information:it was also Coonsel. Attention: Airworthiness regulatory evaluation has been prepared found that gears muld come off the Directive Rules Docket No. 84-NM-104- and has been placed in the pebhc I

shaft and possibly jam the vane. Failur, AD.17900 Pacific Highway South. C- docket.

( of the ADA system wdl cause improper operation of the stall warnmg and stall annan Seattle, Washington 96168.

p Diar naal-protection systems, and will also affect Dwing mcsiving tospecton at h Aviation safety.

' operation of other systaans naing AOA data. Bwing r==pany. it was found that h Proposed A===d= ant l Accordingly, the Federal Aviation Data:Aprill.1985.

before Comments must be received on or [O bi m d Adatinistration proposes to amend dampar gears. lavestigation revealed Aoonasses: Send comments to: Seattle that se - is caused by I 39.13 of Part 39 of the Federal Aviation Aircraft Certification Office. FAA. undersized gear set screw ereads whid Regulations (to CFR 30.13) by adding the i Northwest Mountain Region.17900 bU#"I " * ""

• Pacific Highway South. C-essee. Seattle, premt thegear set screws from firmly

' setting against the shafts. The result of Beeims Appnes to Boeias Modelis7 and 757 Washington setes' loose gears may be loss of vane oms airplanes, and certain Model 737 i The apphceble Service Bu!!etins may damping. loss of resolver sagnal. or and 727 senes strplanes. certificated in be obtsmed from the Boeing blocked vene travel. Failure of the AOA su catesmewpoed wMmmount i Commercial Airplane Company. P.O. sensor can affect the safe operation of ans, e a c A unos ' ' "

Box trU7. Seattle, Washirrgton 98124 y and the airplane. Specificauy, this condition modth h com.To prevent

and esemount Inc P.O. Box 35129. could result in inadvertent stall warning Minneapolis. Minnesota 56435.71 tis the hasards essecated wah a or no warning by the affected channel; mellancuanans AOA sensor caused by information may also be examined at inoperative stick pusher. erroneous loose resolver and/or damper gears. '

the Seattle Aircraft Certification Office. minireurn speed computations by the accomplish the foDowing as indicated FAA. Northwest Mountain Region. 9010 autopilot and thrust m.rnagement below, unleu already accomplished:

i

-,r,--w--v.-w--