ML20128E213
| 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 UNITED STATES
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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
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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.
available for this purpose. De proposed as moddied by comments received on in witness waereof, the contracting htndlers. acting under the provisions of the rule also contains a response to a the draft GEIS and other sources.
petition for rulemaldng (PRM-30-22),
provide the basis for the proposed c n ernmg decommissioning financial amendments to the Commission's m ta n
at 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:
on or before this date, specify limits of residual radioactivity Y
)
(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 Drpartment of Agriculture. Washington, U.S. Nuclear Regulatory Cnmmisaicn.
permits release of the property for 4
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.
Proposed Rnlemahng in.the Federal Ummanamoning activides am 19s5.
Wilnam T. Manley.
Register (43 FR 1m701 stating that the wfen een deci et Deputy A dministrator. Marketir>g Programs.
Comm4== inn was reevaluating its g
, 9 y
[FR Doc. s5-3464 Filed 2-7-45: 2:49 pm) poh idering mm @mh h um provide thore specific recuirements h.mwel w amendinent w fw a new f
relating to the decommissioning of eense are submitted according to the 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 Commission.
essentially complete and ca==iss=
boxafluoride production plants.
primarily of a series of NUREC/CR Independent spent fuel storage acTsosa Proposed rule, reports on studies of the technology, installations, and non-fuel-cycle nuclear 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 technical and financial enteria for Northwest bboratories (PNIFOn weste repositories, has been treated in riana=missioning licensed facdities. The sepersto reguletory actions. However.
proposed annaad==nts address d ^
- 8'iphy i
sepans deconnussiomas planmne needs.
's Publisrw--en Rooms at 1717 H so.
hison cn a mm,.,
sir e Nw, wesenncan. oc auss, timing, fundaag mechanisma, and evnnhne far insommam and empytis Ier a see in em 8!tud.
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Federal Register / Vol. 50. No. 28 / Monday. February 11. 1985 / Proposed Rules 5601 the general technical criteria in this Activities licensed under Parts 30. 40.
guides to be issued. since the and 70 however, cover a wide range.
acceptability of attematives and overall proposed rule wi!! apply to uranium mills in addition to the technical and Termination of the majonty of these timing may involve case.by-case financial criteria contained in Appendix licenses requires relatively simple considerations.
decommissioning procedures. For these. C. P/onning A or Part 40.
reasons it was necessary to take a The proposed amendments apply to nuclear facilities that operate through somewhat different regulatory approach Preliminary planning at the licensing their normallifetime. as we!! as to those in these parts to implement the same stage and over facility life is important that may be shut down prematurely. It is generic policy.
to ensure that decommissioning can be 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.
B. Timing records of spills or other unusual Revision of current regulations is necessary to clarify these requirements Timing refers to thelength of the occurrences from which significant and to provide for consistent and decommissioning period. that is. the contamination may remain and design efficient regulatory actions related to time fmm permanent cessation of specifications,in the form of drawings if decommissioning. The necessary operations to license termination. Each available, of areas of high radiation or 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 However, the policy developed as a effect the selection of the separate file for information important result of the reevaluation will directly decommissioning alternative and the to decommissioning but would allow the use of references to records kept for affect licensing activities under 10 CFR length of time acceptable to delay Parts. 30,40. 50. St. 70 and 72.
license termination.These proposed other purposes.
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 procedures as well as design features facilitate use by NRC staff and of operations and significant delays in which could facilitate decommissioning completion of decommissioning would Classes of facilities licensed under be acceptable if there is some as part of overall programs to protect licensees.
Parts 50 and 72 are considered major compensating benefit. Beyond this, the health and safety of the public and facilities all of which will require a factors affecting timing will be to keep radiation exposures and significant decommissioning effort.
considered in the related regulatory effluents "as low as reasonably
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 the applicable quantities in t
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 continue.The amendment changes the disposed of. reasonable effort has been not applied in this case. For the 58 t Mm M 88Y r u8 operating license to what is referred to purposes of this requirement, plated contamination, and information exists fods would not be considered unsealed as a possession only" License, under which required controls and limits am which demonstrates that the premises material In Part 40. the funding plan are suitable for release for unrestricted modified as appropriate to planned requirement applies to licensees use.
authorized to use more than 10 mci of ae y disp ib
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ate al a
ge i a es ulting D. Financial Assarunce major decommissioning considerations The objective of the proposed rule on will also submit plans for completzon of financing the decommissioning of of materials, although initially sealed or required if a potential for signdicant-nuclear facilities is to require licensee to non-dispersible, the processing would be decommissioning, nese wdl be provide reasonable assurance that assumed to result in unsealed or readily dispersible material These licensees h:alth and safety impacts exists and adequate funds are available to ensure will be submitted promptly after the end that decommissioning can be wdl have the following options:(1)
Submitting the funding plan within one of optional activities and prior to the accomplished in a safe manner and that year following the etTective date of the license expiration date.
lack of funds does not result in delays.
final rule or (2) submitting a certification Decommissioning plans will contain that may cause potential health and of financial assurance for sufBcient detail to demonstrate that safety problems. De licensee is decommissioning in an amount of at decommissionig can be accomplished responsible for completing least 5500.000, within one year of the sifely. Major elements of decommissioning in a manner that effective date of the final rule. deferring decommissioning plans are specified in protects health and safety.
the funding plan until application for the proposed rules. Additional pndance There are several different methods renewal is made. Financial assurance wdl be made available in planned for providing financial assurance.
requirements for mills are contained in regulatory guides on s:andard format 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, In addition to spectfymg different methods are considered covered by this proposed rule.
Certain other materials licensees will demnmi==oning plans other acceptable for providing reasonable amendments related to license assurance of the availability of funds.
be required to submit either a t:rmination are proposed br Parts 30.
The funding methods specified in the certification that a means of assuring
- 40. and 70 pennarily for clartfty and proposed rule meet the criteria funds in a presenbed amount has been l
uniformity. These changes would re8pecting assurance and cost which are provided or a decommissioning funding somewhat modify the pmcedures described more fully under the subject plan. I.icensees using between 10
- and estrbli=had for the ternunation of a heading " Criteria for Funding Methods.
10
- times Appendix C values of lic:nse contained in a final rule Inf rmation on funding adiods wtB unsealed byproduct or special nuclear published on July 15.1983 (48 F1t 3:324).
be provided by all applicants for material must provide assurance of funds in the amount 8of $500.000 or 8
is Th2 requirement for notification of
{pua submit a decommissioning funding plan.
Intent to terminate licensed activities
,p d.
a l centained in existing paragraph (c) of For electnc utility applicants and I.icensees using between to and 10 it u u and 7 ass will be licensees. the amount of funds assured t mes Appendix C values of unsealed 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
{
sub ted materialin readily dispersible form must ta cease and initial cleanup and survey fundmg 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 it exists may result in licensees
$100.000.000 (1984 dollars) adjusted for plan. I.acensees using sealed so,urces submitting a separate notification of inflation at a rate two times the change containing byproduct mgerialin intention not to renew 30 days prior to in the Consumer Price Index published quantitles exceecmg to times cxpiration plus the submission of by the U.S. Department of I. abor. Bureau Appendix C values must provide,of assurance of funda in the amount inf:rmation concerning residual
$50.000 or submit a funding plan.
c:ntaimination sometime in the next 30
,[,7,,T,,b, bei This proposed rule specifle d:ys. This separate notification is not acceptable funding rnethods,s mate tw de.mbed more tunt eder ou.biect budias m the c:nsidered necessary.
weenamnes for stegerms tname.1 Assursnca-appropriate sections for various types of r
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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 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 will provide an updated, more accurate is required in the particular accomplished safely and at reasonable I
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 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 l
sigmficantly delays completion of the licensee in a supplement to period than SANTOR or FNI'OMB with 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 is specifically required that the funds be ne proposed rule also indicates that from an increasing number of sites there would be no additional contaminated with radioactive material, placed in an account separate from licensee assets dunng the prolonged environmental review requirements as well as eliminating potential health.
connected with the new safety, regulatory, and economic decommissioning penod or that assurance be provided by a surety or decommissioning requireme its, problems associated with maintaining 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.
Delay in the completion of covered by this rule, all premises must 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 acceptable primanly for reasons of To release property for unrestricted use a permissible level of residual Deco =missioning alternatives are occupational health and safety, since it radioactidty must be established. These catesonzed into three major is recognized that with delay there wi!!
dassifications which are referred to as be reduction in occupational dose and levels are ant proposed in this ru!e but DECON. SANTOR. and ENTOMB. This radicactive waste volume for some are being developed in a separate rulemaking action. In the past limits terminology was mtroduced to reduce nuclear facilities due to radioactive l
have been provided as guidance in such the confusion and misunders'.anding decay. In addition. SAFSTOR may hav,e documents as Regulatory Guide 1.86.
that existed with the previous terms some advantage where there are other -
and have sometunes been determined used to designate decommissioning operational nuclear facilities at the same alternatives. nese temis have the site, and may also become necessary in on a case-by case basis.
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 Preliminary Planning cdequately deferred decontamination for power reactors unless reactor would become necessary, which could internals were removed. If reactor The availability of adequate funds is 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
%e issue of timing concerns what radioactivity will decay to levels aspecu Wedgn and operaens dat 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 re uce ta i ac e waste decommissioning including the entire which. as noted above. would be y,
period between final shutdown and ddM Information on decommissioning license termination.The primary For research and test reactors and funding methods. desenbed below, will 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 DECON is considered the most independent spent fuel storage installation willinclude a regarding the particular radionuclides reasonable option. SAFSTOR could be 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.
In the case of existing Part 50 licensees, half-life of 5.3 years. is the nuclide that 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 need to be subcutted within a efforts and is referred to as the entical/
would not be justified.
cbundant nuclide. Otherisotopes that reasonable time period following the For materials facilities associated effective date of this rule. This can affect decommissioning efforts are Cs-137 (30 year half-life) and the long-with licenses under Parts 30,40, and 70.
information will be provided in the form d i9 occupational doses are also quite low in of a decommissioning funding plan or. In IIV O
P,es most cases, and DECON the most likely the case of electnc utility applicants and y
g 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 funds for decommissi per year (1200-1900 man-rem over 4-5 requirements for extended delays, if ye:rs for large ractors).This is gnerally after disposing of inventory and some plan willinclude an u, o,ning. A funding utial 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 thit DECON or 30 to 50 year SAFSTOR suitable for unrestricted release prior to 8'"ic studies. licensee models, are teasonable options for reporting levels of residual radioactivity expenence. etc.) which provide a d: commissioning a light water power to the Commission. A survey must be reasonable estimate of the cost of re:ctors. Generally for reactors. the carried out and reported on promptly decommissioning. The pNL c.verallimpact of either of these after the end of operations and prior to decommissioning studies can be used f rimtialestimates with suitaY.e alternatives is similar. with the lower the expiration of the 1s. cense.
adjustments for inflation and for site-occupational dose and wastes with C. Planning specific factors. The proposed SAFSTOR compensating for the costs cnd uncertainties of controlling the site Planning for decommissionmg is a regulations require that over the frr a long period. De choice of criticalitem for ensuring that the operating life of the facdity, the cost alt;mative in individual cases will decommissioning activities can be estimate be updated by the licensee periodically to take into account factors d: pend on a number of factors specific accomplished in a safe and timely which could affect the cost of ti the particular reactor, site. and time 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.
estimate on which to base financial dismantlement procedures.
Dus. most of the planning for the actual assurance even if the certification option With regard to the ENTOMB 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 being assured by the funding method such as Nb-94 and Ni 59, would 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 is approximately equal to the actual information on the design and current required until such application is made.
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 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 Final Planrung radioactive waste must also bq plan is being required for certain desenbed. Waste disposal plans must Final decommissioning planning will facilines where decommissioning costs assess the availability of waste burial could be very high. Financial assurance myolve greater technical detail than 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 operation can be beneficial in reducing be beneficial to submit plans a year o[o[s b
s an a
'9 d
operational exposures and waste pnor to planned termmation of
- 2. Technicoland environmenta! Icas.
P volumes requiring disposal at the time of operation. if possible.
Controls and limits on procedures and decommissionmg. In addition.
The proposed rule would require facilitation can improse financial decommissioning plans for production equipment to ensure occupational and assurance by keeping actual costs of and utilization facilities and ISFSIs to be public safety and to protect the decommissioning in ime with the submitted within two years following environment during decommissioning estimated costs on which the levels of permanent cessation of operation or one must be proposed by the licensee. As financial assurance are based. Although year pnor to operating license part of this, details of a quality no specific requirement is being expiration.The decision as to whether a assurance program should a!so be proposed. the effects of operational shutdown will be permanent is, of submitted. Changes to procedures for procedures on decommissionmg should course, the licensee's. This provision safeguarding special nuclear material be considered by licensees as part of does not limit how long a licensee may should be included when appropriate.
their program to maintain radiation have a facility shut down under his
- 3. Termina/rediation seney. A plan exposures and effluents "as low as operatmg license but means only that for a fmal radiation survey must also be r' asonably achievable." The facilitation when a facility is permanently removed presented to ensure that remaining e
of decommissioning in the design of from operational status, plans need to residual radioactf vity is withm levels facilities can be considered under the be made as to how the ultimate permitted for releasing the property for 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 adequate to protect the health and will be moddled to reflect the approved desirable prior to full decommissioning.
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 for facihtation are presented in the PNL reflects current licensing practice. For estimate must be included along with a 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 decommissioning costs for most of most required them by a license condition.
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 million (1984 dollars) was chosen based
' above for Parts 50 and 72 licenses. For assurance for decommissioning.The on data in NUREG/CR-0130 and -0672 materials licensees, those plans are not costs of post-accident deanup can be (References 2 and 3), which analyze the required until after inventories of 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 takes into account escalation of these decontamination procedures have been licensee's capability to decommission costs to 1984 dollars, additional costs of carried out. and contamination the facility following the cleanup.
engineering and planning, use of remrining after these procedures has 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 ofinsurance. Post accident cleanup rates,in waste transportation costs, and Commission for decommissioning plans activities are broader in scope than in local power costs. This amount does to be submitted prior to the end of decommissioning. that is, they can lead not account for costs of shipment of op; rational activities. if possible. It is ultimately to either reuse or spent fuel which are assumed to be part of operational costs or the costs of expected that the need for such a plan decommissioning. Accordingly, the demolition of nonradioactive structures will m most cases be anticipated and funding requirments for accident which is not required for NRC license thtt a reasonably accurate appraisal of cleanup are not included in ths proposed termination.The use of an inflation rate what will be necessary can be rule but are contained in 10 CFR cccomplished prior to the end of 50.54(w) which requires that utility of twice that indicated by the Consumer 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 facilities obtain insurance to cover obtained by analyzing the rate of and obtain approval of these plans in decontamination and cleanup costs escalation of the major cost elements in the PNL data (i.e., waste disposal. labor, tim) for decommissioning to proceed 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 Consumer Price Index. This net increase public doses or effluents to the accident cleanup insurance requirement.
0 g, y g
environment. It is considered sufficient Accident cleanup insurance for other a
ctive t di p s 1. If thtt the requirements of Part 20 co'stinue types of Ilcensees is under consideration 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 Assurance determines that this amount is no longer accordance with Part 20 and specifically 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 D. A.noncia/Assuronce major facilities will be provided by decommissiomng funding plan. For implementation of a funding method research and testing facilities a specific 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 potential for site contamination. For would be segregated from licensee assets and outsidelicensee control.
The NRC staff considers two primary 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 depreciation that allows estimated The degree of assurance is a measure handling. !n some cases. a large nu nber 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 perspective, assurance is the most such as the example laboratories the end of the nuclear facility's life, important criterion.
studied in NUIEG/CR-1754.The $50,000 bonds are issued against these assets Prepayment provides the greatest specified for very large sealed sources is and the funds raised are used to pay for assurance that funds will actually be based on licensing expenence and is the decommissioning.nis approach can available for either normal or premature estimated maximum cost to also take the form of a segregated decommissioning since the necessary decommission a large pool-type internal reserve which is similar to an funds are deposited at startup. Some irradiator.
external sinking fund, except that funds adjustment willlikely be necessary over Of course, many factors will affect 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 credit. andlines of credit and other uncertainties in cost estimates and decommissioning costs for their facility guamotee methods. Insurance could be changes in inflation and interest rates.
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 admmistrative effort which has been including those planned under normal def ault. For electric utility licensees. the An additional means of reducing incorporated into the proposed rule is circumstances. He surety bond credit property damage insurance requir-d by allowing those materials licensees for methods. and other guarantee methods 10 CFR 50.54(w) provides reasonable assurance of funds for the potentially which a decommissioning funding plan assures that decommissioning costs will is required to first supply financial be paid should the licensee default.The large costs of decontamination leadihg assurance for $500.000 and delay licensee would still be responsible to up to premature decommissioning. In subrnitting the funding plan until pay for decommissioning. With respect some instances, such as in the case of application for license renewal is made, to power reactors. It appears government licensees, guarantees of questionable that bonds of the size financial responsibility by the at which time the funding plan can be more efficiently reviewed together with necessary and for the time involved will appropriate local. State, or Federal be available. However, surety bonds or government entitics are considered 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 The wide diversity in types of nuclear costs and shorter time periods.
considered adequate.
facilities necessitates that the NRC Contractual arrangements must provide Sorety methods (for example. surety allow latitude in the use of funding that NCR be notified pnor to bonds, lines of credit letters of credit, 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.
1.Prepoyment. Cash or other liquid Commission.
sureties have certam disadvantages that alternatives:
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 are similar to those contained in the be written such that the surety bond or facility are deposited prior to startup Commission's recently enacted credit mechanism cannot be terminated into an account segregated from licensee assets and outside its administrative requirements in 10 CFR part 61. The by the surety company or bank pncr to control. Periodic review and adjustment Commission found in developing those other arrangements being made, that a of the fund is necessary to assure the requirements that self insurance for a surety bond or credit mechanism private sector applicant or bcensee remaw m effect until the license is adequacy of the fund. Prepayment can be in the form of a trust, certificate of would not be an acceptable form of terminated. and that the surety company itselt is financially stable.
deposit, government security, escrow surety' her potential funding method of The external smkmg fund option Anot account. or government fund.
this type is for a licensee, where provides a good level of assurance.
LExternalsinkingfunds ne external sinking fund requires that a practical, to obtain a guarantee that the Because the external sinking fund is prescribed amount of funds be set aside local, state, or Federal government will held outside the licensee's assets and in an account at fixed intervals over the assume financial responsibdity for control. it would not be vulnerable life of the facility, such that die funds decommissioning the facility.This 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 other hand,in the event of premature sufficient to pay for decommissioning 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 Particular consideration has been funds had been accumulated.This higher grade commercial securities nt e can oMsdng Ucensen situ: tion would be mitigated if the fund outside the company.The cost of was either structured so that higher guararat methods, such as sureties, v)e an payments were made estlier in a letters of credit, or insurance would be p
equa e ve f as urance wiWin a shorter time frame. The facility s life, or coupled with a deposit in addition to normal deconmussiorung proposed rule would require that a or insurance or suret,.
expense.
funding method be proposed within two Providing lesser assurance,s the Funding methods considered years fouowing the effective date of this i
internal reserve. Under normal acceptable m providing reasonable rule for production and utilization circumstances, the mternal reserve levels of assurance may be different for facilities and within one year for other
' mple, licensees for which it is required and
'ftuad n of a la in t atte o fun s as s
wer reac cnd should provide adequate funds if a can be significantly different than tha't
$*For li e
a in hi uclea a lity is dec issioned at for a small research or testing facili y, funds would nor tally be accumulated b:ctuse it depends on financin teInal
'* #8" o
ls ons re e re ai! rates pe@ payme wouM coune. W ts the licensee, the intemal reserve is thu pennitung uti1ities to mcovu the necessary in order to accumulate the vulnirable to events or situations that 8 { prwiding electricity from their total decommissioning costs within the undermine the financial solvency of a Cu "S.
'C C*
lic:nsee. A bankrupt or fin incially reair.ing lifetime of the facility. Whm trrubled licensee would have difficulty
[u d hy 10 CF (w}t afrY surety or other guarantee as is allowed s h methods are not coupled with a in raising capital against its 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 building up the fund to the level that not be available to pay for suff cist assets t c ver the costs of would have been attained if dicomm.ssioning costs. Thus, the dec mmissi ning. Am ng utuities, them accumulation of funds had been started intIrnal reserve is acceptable only if 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 reactor decommissioning, the petition is decommissioning and whether to set a and funding alternatives raised by the denied. To the extent that the proposed prescribed amount for the level of petitioners would be considered within amendments would allow consideration assurance. Additionalinformation and 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 are available. the petition is granted '
adequacy or assurance of the various petitioners advanced'two other options This action would cc:nplete NRC funding methods.
to finance nuclear power reactor consideration of the issues raised in More specifically Commissioners Asselstine and Bernthal continue to be decommissioning:(1) Funds in an pRM-50-22.
ffi p i d
concerned about the vulnerability of the g[co
)ou
- I
,jo be se s e in internal funding mechanism for decommissionmg funds, particularly an escrow account before commencing Although residual radioactivity limits where the funds are used to purchase reactor operations, and (2) funds would are being developed in a separate 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 electric utihties (as the staff had accumulated sufficient funds. The attained in any case should be as low as petitioners indicated that the reasonably achievable. Based on the reconimended) and the other option not requirements should apply to existing information developed,it is expected permittmg the use of unsegregated licensees as well as future licensees.
that contamination levels considered I"
"I I"8 Co sai e 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 Envtronmental Coalition. Texas Public proposed rule. The Commission agrees Environmental Review Requirements at Interest Research Group, and National that its regulations should be amended IJcensing 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 ategory of Acdons th3 total costs and impacts of building 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 Discussim and l'inding decommissioning would not affect the 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 f;cility must be decommissioned, rule pr p ses that the Commission no at this time is to provide information application for termination of license is I nger be required to prepare which will enable the Commission to mids and. In the case of major facilities, environmentalimpact statements in determine whether the bcensee's plan connection with the issuance of license for assunng funds for decommissiorung a d tailed decommissioning plan is submitted. As stated above. the overall amendments or orders authonzmg the is adequate. Approvalof a environmentalimpacts occurmg at decommmioning of facilities licensed decommissiorung funding plan affects under Parts 50 and 72. Instead, the the financial arrange:nents of the.
decommissioning, of which the radi active wastes resulting from Commission would prepare licensee but does not affect the scope 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.
4 y. the Comminion finds environmental impact statements in connection with the fachty. Althongh Accordi I
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 of Termination Surveys A,,ssociate,y,,W,,ith d
' LS M 1
appear, therefore. to be justifiable as a a',,, o g echn9o.
ty n g,,,,,,,,,,,,,,y gu,,, y,,
o, g,
means ta assure that expeditious action WaterReactors follcwing Accidents.
NUREG/CR-2241. Prepared by Oak Ridge 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 construction because of financial Technology. Safety, and Costs of racihtees. U.S. Nudear Regdatory problems does not create a health and Decomenssioning a Refennce Naclear ruel Commasion. NUREC-0586 january 1981.
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 license for the facility depends upon
- 10. H.R. Elder. Technology. Sofety. and (301) 492-0530 or wntmg to tSe Costs of Duommissioning a Refennce Pubhcation Services Section. Division of such compliance. Absent the proposed decommissioning regulations. no such
$$$Y5.
'.'Yb Technicallnformation and Document pa c
Control. U.S. Nuc! tar Regulatory incentive would exist to dedicate funds Northwest bboratory for U.S. Nudear 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 For these reasons. I believe the Schneider. Technology. Safety. and costs of Information Service. Department of proposed regulations provide a Decommusioning a Reference SmallWed Commerce. 5285 Port Royal Road.
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' and Act of 1980 (44 U.S.C. 3501 et seq % Thus Research and Test Reactors. NUREC/CR-NUREC/CR-23:0. Prepared by Analysis rule has been submitted to the Office of 1756 prepared by Pacific Northwest inference. Inc., for U.S. Nuclear Regulatory 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 entities.
and ccpying for a fee in the NRC Public 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 comments on the draft regulatory reduces both the coats and health and
, however, these cases would present the cnalysis. Comments on the draft safety impacts of decommissioning and highest risk of default.
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.
the fol!owing items-Although the impset may be considered 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 m iority of small entities,it is expected the financial assurance requirements. A the pr p sed regulations would result in 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 (d) How the proposed regulations, as 30 *hrough 34. 2.500 medical hcenses number of Ag eement State licensees under Part 35. 400 source material would also be affected. Those small modified, would more closeiy eq ialize 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.
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 (2) On or before [ insert a date one Government contracts. Hazardous 30.55 are issued under sec. lelo, se Stat. 950.
year after the effective date of the final materiale-transportation. Nuclear as amended (42 U.S.C. 22m(oll.
matenals. Penalty. Reporting and
- 2. Section 30.4 is amended by adding a int 35 )e 11 e
re uirements, Source new paragraph (y) to read as follows:
submit a decommissioning funding plan or a certification of financial assurance i 30.4 DeGnftions, 10 CTR Port 50 for decommissioning in an amount at Antitrust. Classified information. Fire (y) " Decommission" means to remove least equal to $500.000 in accordance wid2 die criteria set fore in i 3a35. If prevention. Incorporation by reference.
(as a facility) safely from service and de licensee submits the cerdScatiots of Intergovernmental relations. Nuclear reduce residual radioactivity to a level Snancial assurance rather than a power plants and reactors. Penalty, that permits release of the property for Radiation protection. Reactor siting unrestricted use and termination of decommissioning funding plan at this time, the licensee shallinclude a criteria. Reporting and recordkeeping license.
requirements.
- 3. Section 30.32 is amended by adding demmmiasioning funding plan in any a new paragraph (g) to read as follows:
application for license renewal.
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 statement. Nuclear materials. Nuclear (g) As provided by I 30.35, certain type described in i 30.35(b) shell submit power plants and reactors. Reporting applications for specific licenses filed a certification of financial assurance for 1
and recordkeeping requirements.
under this part and Parts 32 through 35 decommissioning or a decommissioning 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 requirements. Scientific equipment, the final rule) this submittal may follow decommissioning as a condition of Security measures. Special Nuclear the renewal application but must be license.lf a decommissioning funding 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 rule).
becomes a condition of the license upon 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%,
Commission.lf records of relevant l
the Energy Reorganization Act of1974.
of specmc scenaea.
information are kept for other purposes.
as amended, and 5 U.S C. 553. the NRC (a) An application for a specific reference to these records and their l
is proposing to adopt the following license will be approved if; locations may be substituted.
amendments to 10 CFR Parts. 30, 40. 50, Information the Commission considers St. 70. and 72.
(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 MATERIAL i 30.35(a) or (b). includes sufficient contamination in and around the 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 QSg*j available to decommission the facility in after any cleanup procedures or when et 82 161 1
ea 3
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 the projected operating life of the government entity will be guarantor of 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;**r s
^
o d
ab1e f:llows:
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 "C
(a) Each applicant for a specific deposit, or deposit of government license authorizing the possession and ecunties.
7 dMMn use of unsealed byproduct material of (2) A suretymethodorinsurance. A 70g;ows:
hdf. life greater than 120 days and in surety method or insurance is a quantities exceeding 10
- times the guarantee that decommissioning costs gg gew 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 (c)(1)If a licensee does not submit an prescnbed by paragraph (c) of this Commission within 30 days after receipt 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 exp ration date specified in the section. For an applicant, this 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 material:
after the application has been approved agency or a major financial cnd the license issued but prior to the organization.
(ii) Remove radioactive contamination mh a mept fu receipt oflicensed material.
(iii) The surety or insurance must (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-01".,e "c%'",*
., iv insurance, the value of which may 314. which certifies information
==
.m e w.m.c decrease by the amount being conceming the disposition of materials:
o',,l"Z",f"".,,"c,*,e'C _,
accumulated in the sinking fund. An and 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 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).
Secuan 40.31 (g) also issued under sec 122. 68 gamma radiation at one centimeter and (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 40 et 40 properly calibrated and tested.
(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 i 40.4 Definitions.
necessary to carry out decommissioning 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 unrestricted use and termination of (A) Workers would be entering areas contamination until the Commission license.
not normally occupied where surface notifies the licensee in writing that the 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 (i) As provided by I 40.38. certain than are present during operation: or restricted areas until they are suitable applications for specific bcenses filed (C) Procedures could result in for release for unrestricted use and the under this part must contain a proposed significantly greater releases of Commission notifies the licensee in decommissionmg funding plan or a radioactive material to the environment wnting that the license is terminated.
cer cation of nnandal assurance for l
than those associated with operation; or (f) Specific Licenses will be terminated (D) Procedures would involve by wntten notice to the licensee when decommissioning. In the case of renewal l
l techniques aot applied routinely dunn8 th'e Commission determines that-applications submitted before [ insert a l
maintenance operations.
(1) Byproduct material has been date one year after the effectne date of j
(ii) Procedures with potential beelth properly disposed:
the final rule] this submittal may follow and safety impacts may not be carried (2) Reasonable effort has been made the renewal application but must be out prior to approval of the to the eliminate residual radioactive submitted on or before (insert a date one i
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 An application'for a specific license assure protection of workers and the for unrestricted use.
environment against radiation hazards wt'u be approved if.-
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.
assurance that funds wiu be available to i
completion of decommissioning.
(iv) The proposed deco nmissioning
[4 N.
1 2113.
decommission the facility in a safe and 2
plan wdl be approved by the 2114. 2201. 2232. 2233. 2236. 22821; secs. r4.
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 10 rnC1 but less titan or.ble
( ) ne beneficiary of the surety or (3) On or before [ insert a date l year equal to 100 mCs m a readily dispersi 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 by 5 40.36(b) shall submit a certification p;
,, b,d in r agency or a major financial of financial assurance for this section: or (2) Submit a certification that rganization.
decommissioning or a decommissioning financial assurance for decommissioning WW mety r inmance must fun 6ng Man m accdance M h remain in effect until the Commission criteria set forth in i 40.36.
has been provided in the amount of has terminated the IIcense.
(4) As of [ insert date 1 year after the
$100.000 using one of the methods 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
~
)
Federal Register / Vol. 50. No. 28 / Monday. February 11. 1985 / Proposed Rules 5617 identification of involved nuclides, per minute (or microcunes) per 100 approved plan. As a final step in quantities, forms, and concentrations.
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 decommissioning.
which may be subject to contarnination.
properly cahbrated and tested.
(d)If the information submi:ted under If required drawmgs are referenced.
(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 suitable for release for unrestricted use.
appropriate records of available decommissioning if the procedures the Commission willinform the licensee information concerning these areas and necessary to carry out decommissioning of the appropriate further actions locations.
have not been previously approved by required for termination of license.
- 14. Section 40.42 is revised to read as the NRC, are extensive, and could follows:
significantly increase potential health (e) Each specific license continues in effect beyond the expiration date if i
an safet impacts to workers or to the 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 contamination and radiation levels are no if es the I ensee in wnt n the specific license expires at the end of the 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 (2) Reasonable effort has been made license condition.
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-premises are suitable for release for license-(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 the licensee is sufficient to demons ~a:e to the extent pract2 cable except for assure protection of workers and the those procedures covered by paragraph environment against radiation hazards that the premises are suitable for release for unrestncted use.
(c)(2)(i)of this section:
during decommissioning:
(iii) Properly dispose of source (C) A desenption of the planned final PART 50-DOMESTIC LICENSING OF matenal; radiation survey; and PRODUCTION AND UTlu2ATION (iv) Submit a completed form NRC-(D) An updated detailed cost estimate FACILITIES 314. which certifies information 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 Authorm.: Secs. m a m.182. m a prert.!ses where the licensed acrivities completion of decommissioning.
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 adequately protected.
Secuan 50.57td). 50.58,50.91, and 50.92 also Issued under Pub. L 9?-415,96 Stat. 20~2.
gamma radiation at one centimeter and (3) Upon approval of the
=o 3 (42 U.S.C 2133,2139L Section 50.78 abo gamma radiation at one meter from decomnussiomng plan by the issued under sec.122. se Stat. 939 (42 U S C surfaces, and report levels of 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 include information regarding a of a trust. escrow account, govemment cod c). 50 +4.
. 4
.54 a 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.
case of an electric utility, this or insurance used to provide financial 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 utilization facility of the type desenbed specified in paragraphs (k) (2) and (4) of Commission within 30 days after receipt In i 50.21(b) or i 50.22. information this section. A decommissioning funding of not20 cation of cancellation.
sufficient to demonstrate to the plan must contain a cost estimate for (B) The surety ofinsurance must C:mmission the financial qualification decommissioning and a description of 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 (3) For IIcensees other than an electne fin:ncial information as is required in 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 (2) As-built drawings and decrease by the amount being years after the effective date of the final modifications of structures and accumulated in the sinking fund.
rulej shall provide financial assurance equiprnent in high radiation areas and of (iii) A surety mehtod or insurance; for decommissioning in accordance with locations of possible inaccessible (iv)In the case of Federal. State. or an approved decommissioning funding contamination such as buried pipes local gosernment licensees, certification plan or by means of a certification as which may be subject to contamination.
that the appropriate govemment entity provided in i 50 33(k)(1).
If required drawings are referenced.
will be guarantor of decommissioning (2) On or before linsert a date two each relevant document need not be funds; and 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 for a production or utilization facility in appropriate records of available licensee to provide comparable effect on linsert date immediately information conceming these areas and' assuran.:e to methods listad in preceding the date two years after the locations.
paragraphs (k)(3)(i) through (iv) of this effective date of the final rulel shall
- 20. Section 50.55 is amended by section.
(4) For an electric utility, acceptable submit trJormation on providing revising paragraph (c) to read as methods of providing financial f nancialassurance fordecommissioning follows:
as specified in 5 50.331k). Upon approval assurance for decommissioning are-of a decommissioning funding plan by I 50.55 Condnsons of construction U) Prepayment; (ii) An external sinking fund in which the Commission. the licensee shall P'""d**
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
[ ,(I" deposits are made at licensee shallindicate that the means of (c) Except as modified by this section u
d prodding financial assurance for 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
- 21. Section 50.82 is reused to read as section.
provided that funds will be avadable 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 there is reasonable likelihood that decommissioning with a description of I
a M censes.'
Whether stated therein or not. the contaminants may have spread to actwities involved. Alternative methods inaccessible areas as in the case of for decommissioning which significantly following shall be deemed conditions in 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 radiation survey; impact statement or records of decision m
ct of 1 ec 2'
(4) An updated cost estimate for the USC 4332,4334,4335): and Pub. L 954o4.
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 151.20 ! Amended]
I 51.55 Environmental Report-Number of complition of decomnussioning.
(c) Decommissioning plans which
- 23. Section 51.::0 is amended by proposa an alternative that delays removing paragra phs (b) (5) and (10).. copies; Dioedbut6en.
(a) Each 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 as foHows:
t;rm surveillance must provide that-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
a nuclear power reactor after expiration l
method or fund certification be 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 funding plans' paragraph (b)is revised
- 25. In 151.53 Director of Nuclear Reactor Regulation (2) Means be included for adjustin8 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.
and secunty or to the health and safety
" Supplement to Applicant's 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.
(2) The terminal radiation survey and the Commission. in accordance with the 70 and/or 72 of this chapter, and t
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
" n i 51.45,if the application is for an Authoriry: Sec.181. es Stat. 948, as permit Stage."" Supplement to i
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. February11. 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 reflect any significant etnironmental Stat. 9 9. 930. Sea. 953. 954, a s amended. sec.
as follows:
change. includmg any significant 214. 83 Star. 444. as amended I42 U.S C 201.
l 70.23 Requirements for the approvat of r3. :001. 2:3. :233. 2:a:L secs. 201 as appucatana.
environmental change resulting from 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 Stat. 939 (42 USC 2152). Section m31 also (12)"Ilse applicant's proposed license amendment to store spent fuel at issued under sec. 57d. Pub. L 93-377. 88 Stat.
decommissioning funding plan or a nuclear power reactor after expiration W4:USC 20m sectons 70.36 and 70 44 certification of financial assurance for decommissioning. If required by I 70.25 of the operstmg license for the nuclear
- '"' u (F
on' et also (a) r (b). Includes sufficient information ded[
power reactor shaU comply with the 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:
assurance that sufficient funds will be U.S C 213a!.
For the purposes of sec. 2:3. es Stal 9% as available to decommission the a safe and timely manner.
I 51.95 (Amended) amended (42 USC 2273). II m3 m19(c),
l m2ttc) 70.22(a). (b). (dHk) 70.24 (a) and (b)-
- 28. In i 51.95. parag aph (b) is revised 70.3 'a)(3). (5) (el. (d) and (i). 70.36. 70.39 (b)
- 33. A new I 70.25 is added to read as to read as follows:
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,
connection with the a nendment of an amended (42 U.S.C 2:ottb)); il Mr. m20s c+x.. " m.s.
operating license authonzing the (a) and (d). 70.00b (c) and (e). 70.21(c1-70.24;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 du use of unsealed special nuclear material with the issuance. aryndment or (83I j,'u[gu 3
e in quantities exceeding 10' times the renewal of a license tpstore spent fuel 2001iil): and 1170.20b (d) and (e). m38. 251applicable quantities set forth in at a nuclear power resctor after (b) and (i). ?u2. 453. 70.54,455. 458 expiration of the operating license for (g)(4). (k), and (1) m59 and 200 (b) and (c)
Appendix C of Part 20 shall submit a the nuclear power reactor, the NRC staff are issued under sec.181o. es Stat. 950. as decommissioning funding plan as will prepare a supplemental amended (42 USC 2:01(o1).
described in paragraph (d) of this 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 Im4 Dannttions.
appropriate, which will update the prior 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 accordance wi:h the generic contain the following information:.sh.a.llprescribed by paragraph (c) of this 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 certmedon of financial assurance for and the license issued but prior to the environmentalimpacts of spent fuel 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-the final rule) this submittal may follow by quantity of material.
the renewal application but must be submitted on or before [ insert a date one 8 " ** M d * **w ****S
- e7.ls'o====
= e a c
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 M - *""" * *" c established and maintainedby the becomee a condition of the license upon 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 expected. An external sinking fund may information are kept for other purpcses.
facility.
(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 surety bond, letter of credit,line of after the effective date of the final rule]
[9 g"
'g' ',
bb and of l
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 If ind drWs are afennced, 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 ese abas and d
renewed automatically unlesa 90 days or a decommissioning funding plan or more prior to the renewal date the certification of financial assurance for. I0f5 on 70.38 is revised to read as issuer notifies the Commission. the decommissioning in an amount at least f0ll0**
b;neficiary, and the licensee of its equal to $500.000 in accordance with the intention not to renew. The surety or cnteria set forth in i 70.25. If the insursrice must also provide that the licensee submits the certification of I 70.as Ezpiration and tenn8 nation 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
- of notification of cancellation.
(3) On or before (insert a date 1 year license.
(ii)"Ihe beneficiary of the surety or after the effective date of the final rulel (b) Each licensee shah notify the 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 (2) Reasonable effort has been made application for license renewal under 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 this section or by license condition. must performed which demonstrates that the (i) Terminate use of special nuclear include-matenah premises are suitable for release for (A) Discussion of planned unrestncted use: or (ii) Remove radioactive contamination decommissioning activities; (ii) Other information submitted by to the extent practicable except for (B) Desenption of methods used to the licensee is sufficient to demonstrate those procedures covered by paragraph assure protection of workers and the that the premises are suitable for release (c)(2)(i)of this section:
environment against radiation hazards for unrestricted use.
(iii) Properly dispose of special nuclear materish during decommissioning:
[C] A desenption of the planned final PART 72--UCENSING (iv) Submit a completed form NRC-radiation survey: and REQUIREMENTS FOR THE STORAGE 314, which cettifies information (D) An updated detailed cost estimate OFSPENTFUELIN ANINDEPENDENT concerning the disposition of materials; for decommissioning. comparison of that SPENT FUEL STORAGE and 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 g'42U o}3 209 shall. as appropriate--
will be completad as soon as is (A) Report feve!s of radiation in units reasonable and that the health and 2111. :201. 2:32. 2233. 223o 2:38. 2:3L 2:39.
of microrads per hour of beta and safety of workers and the public will be 2:s:1: sec. 2 4. Pub. L e6-273. 73 Stat 668. as sciended by (42 U.S.C. :c21k seca. :01. as gamma radiation at one centimeter and adequately protected.
amended. 20:. 206. sa Stat.1241 as amended, gamma radiation at one meter from (3) Upon approval of the 1:44.1246 (42 U.S C. 5841. 5&42. 5846h Pub. t.
surfaces. and report levels of 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 approved plan. As a final step in a new paragraph (y) to read as follows:
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 (y) " Decommission" means to remove (B) Specify the survey instrument (s) shall certify the disposition of (as a facility) safely from service and used and certify that each instrument is accumulated wastes from properly calibrated and tested.
decommissioning.
reduce residual radioactivity to a level (2)(i)in addition to the information (d)If the information submitted under that permits release of the property for unrestricted use and termination of required under paragraphs (c)(1) (iv) and (v) of this section. the licensee shall paragraphs (c)(1)(v) or (c)(3) of this license.
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 suitable for release for unrestricted use.
follows:
revising paragraph (e)(3) to read as 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 (e) * *
- public such as in cases where-necessary with respect to possession of (3) Estimated decommissiomng costs.
(A) Workers would be entering areas residual special nuclear material present and the necessary financial not normally occupied where surface as contamination until the Commission arrangements to provide reasonable contamination and radiation levels are notifies the licensee in writing that the assurance prior to licensmg that significantly higher than routinely heense is terminated. Durmg this ume.
decommissioning will be carned out encountered during operation: or the licensee shall-after the removal of spent fuel from (B) Procedures could result in (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 significantly greater releases of restricted areas until they are suitable paragraph (b) and adding a new for release for unrestncted use and the paragraph (c) to read as follows:
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 (b) The decommissioning plan must maintenance operations.
the Commission determines that-contain information on how reasonable (til Procedures with potential health (1) Special nuclear material has been assurance will be provided that funds and safety impacts may not be carried 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 ccc t gave nt fun ce a e of
$ 72.33 menee conetsone.
proposed final decommissioning plan.
(b) ne proposed final deposit, or deposits of government secunties.
(b) Every license issued under this decommissioning plan must include-(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.
cxpiration without proof of forfeiture tf contamination in and around the the licensee fails to provide a facility, equipment or site.These (c) For final decommissioning plans in r1 placement acceptable to the recorda may be limited to instances which the major dismantlement C:mmission withm 30 days after receipt when significant centamination remains activities are delayed by first placing cf notification of cancellation.
after any cleanup procedures or when the ISFSI in storage, planning for these (ii) The surety or insurance must there is reasonable likelihood that delayed activities may be less detailed.
r: main in effect until the Commission contaminants may have spread to Updated detailed plans must be has terminated the license.
Inaccessible areas as in the case of submitted and approved prior to the (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-
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Federal Register / Vol 50, No. 28 / Monday. February 11. 1965 / Proposed Rules 5825 (1) The decommissioning has been East Marginal Way South. Seattle, eystems; erroneous autostat operationr.
4 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 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 8'cmaryeMe commissi'*
Interested persons are invited to 1
j
[m Doc.a6-M13 Flied 344k tes amj participate in the making of the
$jbpm ed. a ty a w i
saAsa come resms proposed rule by submitting such assemblies must be re noved from the wntten data views, or arguments as they may desire. Comn.unications airplane for rewwk.
1 DEPARTMENT OF TRANSPORTATION should identify the
!a dock' It is estimated that 87 airplanes of U.S.
registry would be affected by this AD:
)
g dh uphca o 0
t*"
Federal Aviation Administration the a dre e fi und the caption
,]8 Py*88*
9, g,
14 CFR Port 39 communicatrions received on or before required inspection. removal, rework.
loseksuse,s&ases.ta&Anl the closina data for comments specined and/or replacement: and that the above will be considered by the evnage labw cut wald be S40 per A
Airworthiness Demetives: Boeing Model 767,757,737, and 727 h th p d
h t
i fI AD be 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 l
Model 767 and 757 senes airplanea and AvailabHity of NPRN criteria of the Regulatory Flexfbility Act 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 Mountain Region. Office of the Regional are operated by small entines. A 4
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 annan Seattle, Washington 96168.
p operation of the stall warnmg and stall Diar naal-protection systems, and will also affect operation of other systaans naing AOA Dwing mcsiving tospecton at h Aviation safety.
data.
Bwing r==pany. it was found that h Proposed A===d= ant l
Data: Comments must be received on or [O before Aprill.1985.
bi m d Accordingly, the Federal Aviation dampar gears. lavestigation revealed Adatinistration proposes to amend 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 Pacific Highway South. C-essee. Seattle, premt thegear set screws from firmly bU#"I "
- 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 the airplane. Specificauy, this condition y
and modth h com.To prevent and esemount Inc P.O. Box 35129.
could result in inadvertent stall warning the hasards essecated wah a Minneapolis. Minnesota 56435.71 tis 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 l
FAA. Northwest Mountain Region. 9010 autopilot and thrust m.rnagement below, unleu already accomplished:
i
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