ML20128N735

Forwards Document Issuing Form & Draft Insp Mc Entitled, Decommissioning Procedures for Fuel Cycle & Matls Licensees, That Had Been Developed by Staff of NMSS in Conjunction W/Staff of NRC Regional Offices,Nrr & OGC

ML20128N735
Person / Time
Issue date:	10/03/1996
From:	Federline M NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Gillespie F NRC (Affiliation Not Assigned)
References
REF-WM-3 NUDOCS 9610170028
Download: ML20128N735 (19)

Text

.. . _ _ ~ . _ _ _ __ . . _ _ _ _ _ . _ _ _ .._ _._

l . .

MEMORANDUM T0:

Frank P. Gillespie, Director

, Division of Inspections and Support Programs Office of Nuclear Reactor Regulation FROM: Margaret V. Federline, Acting Director j Division of Waste Management Office of Nuclear Material Safety .

. and Safeguards 1  :

l

SUBJECT:

DECOMISSIONING PROCEDURES FOR FUEL CYCLE AND MATERIALS

LICENSEES Attached please find a Document Issuing Form and the Inspection Manual Chapter entitled " Decommissioning Procedures for Fuel Cycle and Materials Licensees" that has been developed by the staff of the Office of Nuclear Material Safety and Safeguards in conjunction with the staff of the Nuclear Regulatory 4 Commission regional offices, the Office of Nuclear Reactor Regulation and the j Office of General Counsel. Please include this Manual Chapter in the NRC

! Inspection Manual. Please note that a discussion of the comments, and their

resolution, is not included as this manual chapter was developed via a j consensus process between the participating organizations.

Attachments: As stated

{

Contact:

Nick Orlando, NMSS 415-6749 4 DISTRIBUTION:

Central File DWM r/f PUBLIC NMSS r/f LBell TCJohnson LLDP r/f NMSS Dir. Off. r/f Regional Administrators CHehl, RI RBellamy, RI BMallet, RII

. TDecker, RII JHenson, RII CPederson, RIII JMcCormick-Barger, RIII l RScarano, RIV DSpitzberg, RIV, LCamper, IHNS DCool, IMNS FCombs, IMNS KRamsey, IMNS RHogg, FCSS RPierson, FCSS WBrach, FCSS ETen-Eyck, FCSS MRoberts, RI

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! 0FC LLDP .- LLDPMM I/LDP DWM NMSS NMSS NAME N0rla/Io/bg RNel$on kMWeber MFederline JGreeves CPaperiello DATE 9//v/96 9/7/d96 9/72/96 / /96 / /96 / /96

OFFICIAL RECORD COPY ACNW: YES I NO _g_ Category: Proprietary or CF Only tk i IG : YES X NO _a_ jog

. LSS : YES NO x Delete file after distribution: Yes x No i

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1 October 3, 1996 MEMORANDUM T0: Frank P. Gillespie, Director Division of Inspections and Support Programs Office of Nuclear Reaccor Regulation FROM: Margaret V. Federline, Acting Director Division of Waste Management Office of Nuclear Material Safety (Original signed by:)

and Safeguards

SUBJECT:

DECOMMISSIONING PROCEDURES FOR FUEL CYCLE AND MATERIALS LICENSEES Attached please find a Document Issuing Form and the Inspection Manual Chapter entitled " Decommissioning Procedures for Fuel Cycle and Materials Licensees" that has been developed by the staff of the Office of Nuclear Material Safety and Safeguards in conjunction with the staff of the Nuclear Regulatory Commission regional offices, the Office of Nuclear Reactor Regulation and the Office of General Counsel. Please include this Manual Chapter in the NRC Inspection Manual. Please note that a discussion of the comments, and their resolution, is not included as this manual chapter was developed via a consensus process between the participating organizations.

Attachments: As stated

Contact:

Nick Orlando, NMSS 415-6749 DISTRIBUTION:

Central File DWM r/f PUBLIC NMSS r/f LBell TCJohnson LLDP r/f NMSS Dir. Off. r/f Regional Administrators CHehl, RI RBellamy, RI BMallet, RII TDecker, RII JHenson, RII CPederson, RIII JMcCormick-Barger, RIII RScarano, RIV DSpitzberg, RIV, LCamper, IMNS DCool, IMNS FCombs, IMNS' KRamsey, IMNS RHogg, FCSS RPierson, FCSS j WBrach, FCSS ETen-Eyck, FCSS MRoberts, RI l l

I DOCUMENT NAME: S:\DWM\LLDP\DA0\MCTRAN.FSG S:\DWM\LLDP\DA0\ CHAPTER ~ i S:\DWM\LLDP\DA0\MCDIF

• SEE PREVIOUS CONCURRENCE OFC LLDP* LLDP* LLDP* sDWM.

. 6 kSS / NMS ,!

NAME N0rlando/bg RNelson MWeber MFhfine JGrkkves CPapMallo DATE 9/24/96 9/26/96 9/27/96 )$j l /96 // /k [ / /96 \ '

OFFICIAL RECORD COPY ACNW: YES x NO Category: Proprietary or CF Only IG  : YES x NO LSS : YES N0 x Delete file after distribution: Yes x No (memo only)

. . 1

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p-  % UNITED STATES 4 S NUCLEAR REGULATORY COMMISSION l f WASHINGTON, D.C. 20mH)001 l

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.c 0ctob.er 3, 1996 . . ,

c ,1 MEMORANDUM T0: Frank P. Gillespie, Director 1

Division of Inspections i -

l (c) ;. eu 'and Support Programs  ;

o' "' Office of Nuclear Reactor Regulation  !

FROM,:W rJto 2; wi;.1( vtan & ni:e N t u i+3-

-MargaretiV.; Federline, Acting Director v n r g,g gr "

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' Division of Waste Management tv m. I1i 'E Officeiof Nuclear Material Safety " ' 'i >

i .osi. aand Safeguards

SUBJECT:

DECOMMISSIONING PROCEDURES FOR FUEL CYCLE AND MATERIALS LICENSEES Attached please find a Document Issuing Form and the Inspection Manual Chapter entitled " Decommissioning Procedures for Fuel Cycle and Materials Licensees" that has been developed by the staff of the Office of Nuclear Material Safety l and Safeguards in conjunction with the staff of the Nuclear Regulatory l

Commission regional offices, the Office of Nuclear Reactor Regulation and the Office of General Counsel. Please include this Manual Chapter in the NRC Inspection Manual. Please note that a discussion of the comments, and their resolution, is not included as this manual chapter was developed via a consensus' process between the participating organizations.

Attachments: As stated l

Contact:

Nick Orlando, NMSS l 415-6749 l s.

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DOCUMENT. ISSUING FORM or m 3 :e m o ,, , ,

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t * ', g A To: NRR. DISP. Director s From:Maraaret V. Federline U~- n=' '~ c (Originating Director)

1. Number'.and title of document Decommissionina Procedures for Fuel Cycle and Materials Licensees unu>u-ornoen'!e c o m w -c . s m- -

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w 2.nho' Type offdocumentinct, n t: m a- n w , 3.' nType. of t action f:or the-pro.' du're# n !c 'W " > - + .,y i omier Tyu]LManual Chapter (MC) Inspection Procedure (IP) X New document Appendix Temporary Instruction (TI) Revi.: ion

% - "? ' -Technical Guidance - 10 CFR Guidance- n s Deletion

..- . . , . ~ .

4.a.,'If a new IP is being prepared, state its need or purpose, whether it is for the " Core" Inspection Program, the SALP category it applies to, the direct inspection hour: 3eded to perform it, and the inspection frequency.

b. If a TI or IP is being revised, state the reason for the revision, and if applicable, the resulting change in direct inspection hours or FTE, if any.

Core Program:: X Yes No SALP Category: DIE:

.  : Inspection Frequency:

Statement: To establish oolicies and procedures for decommissionina fuel cycle and materials licensees t$\

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c.- For 'any proposed addition in direct inspection hours that. results from a or b

>inabove,. state the. increase in proposed hours and identify where the proposed om: corresponding reduction in direct inspection hours is , to occur (Note: the L . total , " Core"- hours is a fixed number and cannot be . increased without m - permission from the NRR Office Director).

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-  ;- . DIE increase:resulting from 4a or 4b: N/A Proposed reduction, IP No.: N/A 1 ( l Issue Date: 09/27/95 El-1 0040, Exhibit 1

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d. If new training requirements or the revision of current training requirements

! are needed as the result of the new IP, TI or revision of existing procedures, these should be identified. The group responsible for establishing and

, presenting the training should also be identified.

New training course required? Yes X No Revision to existing training course? Yes No I Lead Branch for establishing training:

Training to be given by:

Brief description of proposed training:

1

. l l

5., Provide a floppy disk with the file in the current version of Wordperfect and

' attach a'hard copy of the document,

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" - 'a i - Has document been reviewed by the technical editor? X Yes No Tt Y If not~, state why

6. 'Special exhibits (anything that cannot be put in Wordperfect such as drawings, reductions, or block diagrams) are attached?

Yes X No' N/A 7." Attach a summary of comments and resolutions. State comment, its source, and

'if not adopted why. Is summary atta'ched? Yes X No N/A l

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. 1

8. All approval signatures must be obtained in the order listed below:

ot . Check items 'l-7 above and s ensure all documents (floppy disk with file in Wordperfect & hard copy, special exhibits, comment summary and resolution, and any background information) are attached to,this form before routing it for ,

approvals.

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Originator Division Director /Date DISP, NRR, Director /Date

9. Date received by PIPB 10. Change notice number and issue n.

Manual Coordinator date:

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Issue Date: 09/27/95 El-3 0040, Exhibit 1

- _ _ ~ _ _ _ ___ . . . . _ _ _ _ _ _ _ _ ._ _ _ _ . _ , _ _ . - _ . _ _ .. . _ _

CHAPTER XXXX l i

I in . _ a ;m .na; : i r;ae SEC,OMMISSIONING PROCEDURES FOR i j ec os p*,+4- ,

1 FUEL. CYCLE,AND MATERIALS LICENSEES  !

XXXX-01 > PURPOSE 13 <

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To; establish policies:and. procedures for decommissioning fuel I

cycle:.and-materials licensees. . ,

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XXXX-02)(1.qOBJECTIVES)(). ,,

m 7 . s t gg ; 3 :t ..,M r:h The condit ionm emem r thich h l i&m d 1, ititu m ld b3 w. m i r ed to 02.01neToo establishe and gcompile; general: policies for c the dopommissionin9hof efuel i cycle an.d t materialse sites.. , ,, c cm -

at c part ten cf itr -i+a t- cr' ~ . . . ~" . ,

02-02' ,To establish general procedures for the regulatory oversight of decommissioning of fuel cycle and materials sites.

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,+ . .

02-03 To aid in the achievement of consistent actions by the l I

, staff involved in the decommissioning of fue: ;ycle and materials l sites.

, To meet these objectives, and assist individuals involved in L dacommissioning nuclear facilities, the Nuclear Regulatory

! Commission. staff has; developed.the. Office of Nuclear Material

, Safety.and Safeguards (NMSS) Decommissioning Handbook which l summarizes the regulations, policies, and procedures that shall i

be used by NRC staff during the decommissioning of nuclear fuel cycle and materials facilities subject to the Commission's, jurisdiction. This manual chapter summarizes the basic framework l l for: decommissioning these. facilities, and directs the staff to the. appropriate sections of the Decommissioning Handbook for specific information on the procedures tx) be followed by NRC l staff-overseeing NRC's decommissioning program at these, l facilities.

XXXX-03' ' DEFINITIONS 0$ 01 , ALARA. -(acronym-for As Low-as is'Beasonably Achievable) means making every reasonable effort to maintain exposures.to radiation as far elow NRC's dose limits as is practical taking into, account;the. state of technology, the economics of ,

improvements in relation to the state of technology, the l economics of improvements in relation to benefits to the public l health andssafety, and other societal and socioeconomic l considerations, and in. relation to utilization of licensed matepial,in e the public interest.

l ON.02 Cateaorical' Exclusion. A category of actions which do notrindividually or cumulatively have a significant impact on the human. environment and which the commission has found to have no such effect in.accordance with the procedures set out in i 10 CFR 51.22.-

i , 1 -

1 l

l

l 03.03 , Closeout Inspection. An inspection performed by NRC to determine if a licensee has adequately decommissioned its facility. Typically, closeout inspections are performed after licensees have! demonstrated thataits facility"is suitable"for

~

l release' inoaccordance"with. NRC requirements. 1 ' l o , , , . . . - ,, .

03.04 Confirmatory Survey. A survey conducted by the NRC (or an NRC contractor) to verify the results of the licensee's closeout Survey. Typically Confirmatory surveys consist of measurements atoatsmall" percentage of locations previouslyci.

surveyed 1by the,licensaatto; determine whether1the licenseets resultsearetvalidaandireproducible.o e.U h' > e .o i o mm i: 'u

utMn; on M NRc, h r 314 Ii m  ; i on - tu n a i die ( ot> o

03. 05 m d Decommiss ion'.'- To >removet a facility' safely from service-andereducerresidualeradioactivity;to aalevelLthat9 permits release ofnthe1 property:and3 termination of.the' license. . W $f

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03.06- Decommissionina Plan (DP). A detailed description of the l activities the licensee,:or responsible' party, intends to use to assess the radiological status of its facility; to remove l radioactivity attrib .able to licensed operations at its facility to levels that permit release of the site in accordance with i NRC's regulations and termination of the license; and to demonstrate that the facility meets NRC's requirements for release. A DP typically consists of several interrelated i components, including: site characterization information; a I remediation plan (which itself includes several-components including a description of remediation tasks, a health and safety l plan, and a quality assurance plan); site-specific cost estimates for the decommissioning; and a final status survey plan.

03.07 Environmental Assessment (EA). A concise public document that' serves to:

1. Briefly provide sufficient evidence and analysis for determining whether to prepare an Environmental Impact Statement (EIS) or Finding of No Significant Impact (FONSI).

2. Aid NRC's compliance with the National Environmental Policy Act (NEPA).when no EIS is necessary.

3. Facilita 2 preparation of an EIS when one is necessary.

03.08 Environmental Impact Statement (EIS). A detailed written statement as required by section 102 (2) (C) of NEPA.

03.09 Environmental'Recort (ER). A report developed by a licensee that is submitted to support the licensee's amendment request. The ER is used by NRC staff to prepare EAs and EISs.

The requirements for ERs are specified in 10 CFR 51.45 - 51.69.

03.10 Final Status ~ Survey (FSS) . A survey conducted by a licensee to demonstrate the radiological status of its facility.

Typically, closeout surveys consist of evaluations for both fixed and removable residual radioactive material, and determinatiens 2

of. radiation levels in formerly used areas. Also referred to as a Closeout Survey, or Termination Survey.

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03.11 Findina ' of' No' Si'onificant Imoact (FONSI). A concise public documentathat.brieflyostates the reasons why an action will not havetatsignificant impact on the human environment.

03f12 Safety Evaluation Recort (SER). The NRC staff's evaluation of'atlicensee's proposed action to determine if the proposed >'actionican.be; accomplished safely.

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03.13 r. Suitable for' Unrestricted Use. A site at.which the level ofd residual < radioactivity' distinguishable! froml ba'ckgroundNis sufficiently lowlsoias to allow any public use of the site without' restrictions.

XXXX-04 oliRESPONSIBILITIES AND AUTHORITIES

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04.01 'All NRC personnel implementing the decomaissioning program for fuel cycle and materials facilities shall use the guidance identified in this manual chapter and the NMSS Decommissioning Handbook. This manual chapter and Decommissioning Handbook shall also be used by NRC personnel implementing the decommissioning program at: formerly licensed sites for which the licenses were previously terminated; sites involving source, special nuclear, or byproduct material subject to NRC regulation ~for which a license was never issued; and sites in NRC's Site Decommissioning Management Plan (SDMP) program (see below). Significant deviations from this guidance shall be employed only after review and approval by the appropriate NRC management.

NRC personnel implementing the decommissioning program for nuclear reactor facilities subject to regulation under 10 CFR Part,50.are not required to use the guidance identified in this manual' chapter. NRC staff implementing the decommissioning program at uranium recovery facilities shall use the. guidance in Manualuchapter 2801,' "11e.(2) Byproduct Material Disposal Site and-Facility Inspection Program."

mm ,

04.02 Except as discussed above, this decommissioning program app 1'ies to all NRC' licensees under 10 CFR Parts 30, 40, 70, and 72 undergoing decommissioning. The principal regulations governing decommissioning are: 10 CFR 30.4, 30.32, 30.35, 30.36, 40.4, 40.31, 40.36, 40.42, 70.4, 70.22, 70.25, 70.38, 72.3, 72.30; sand-72.54.

04'.03' The responsibility for implementing the decommissioning

. program at nuclear facilities resides with the NRC regional office in which the facility is located, or NMSS, as appropriate.

Th'ellead office has the responsibility for coordinating the implementation of the decommissioning program at the facility within NRC. In general, the regional office will assume lead responsibility for most licensed sites undergoing decommissioning. NMSS will provide overall program and policy directi;on for the regional offices for decommissioning 3

facilities. NMSS will also provide oversight guidance and site-

! specific support to the regions for all decommissioning j facilities to ensure.that licensees are conducting the 4 /ocommissioning(inca 0 consistent manner. 'NMSS may assume

! oversight responsibility for sites listed on the SDMP, or others, after convultation with the regional office. Staff should refer j to Section 1 of the NMSS Decommissioning Handbook for the

. procedures to be followed to determine the appropriate lead  ;

l office for decommissioning nuclear facilities.  ;

XXXX-05 GENERAU GUIDANCE o x L v. naa 05.01) Timina^of Dec L ,issionina. NRC regulations at 10 CFR i 3 0 ; 3 6 (d)'(1-4 ) ,' '4 0. 4 2 (d)'(1-4 ) , 70.38(d)(1-4), and 72.'54 (d) (1-3) 2 descr'ibethe1 conditions under which a licensed facility would be

) required"to commence' decommissioning operations.

j

In March'1990, NRC established the SDMP to help ensure the timely cleanup'of sites warranting special attention by the Commission.

As summarized in the SDMP Action Plan (57 IE 13389), NRC staff shall address the timing of SDMP site cleanups on a case-by-case ur basis, with the expectation the cleanup will be completed in about 4 years after operations that caused the contamination cease, or 3 years after issuance of an initial cleanup order.

Section 3 of the NMSS Decommissioning Handbook discusses the conditions under which licensed nuclear facilities, as well as SDMP sites, are required to commence decommissioning operations.

2 O_5.02 Radioloaical Criteria for Decommissionina. Generally, licensees decommission their facilities with the intent of terminating the license and using the facility for activities that do not involve licensed material. These facilities must be decommissioned such that they do not contain residual radioactive 1The effective date of the final rule on timeliness in decommissioning was August 15, 1994 (59 FR 36026, July 15, 1994). Licensees with unused

• t ,

facilities on August 15, 1994, are required to submit the required notifications to NRC by october 15, 1996. Within 12 months of_ submitting the notification, these licensees are required to submit a decommissioning plan (if required) and begin decommissioning their facilities upon approval of the plan by NRC. Unless otherwise approved by NRC, licensees are required to complete. decommissioning th. facilities within 24 months of initiating decommissioning operations, w ensees that have made decommissioning notifications prior to August 15, 1994 do not need to provide another notification.- However, these licensees were required to submit a

decommissioning plan, or request an alternative decommissioning schedule, by August 15, 1995.

2 on August 22, 1994, (see 59 3 43200) NRC announced its intention to amend its regulations to establish radiological criteria for decommissioning.

As discussed in this announcement, NRC may t'onsider decommissioning actions that would result in restricted use of the facility following decommissioning.

Until criteria for decomunissioning nuclear f acilities are finalized the staf f should use the interim _ radiological criteria identified in the SDHP Action Plan (57 3 13389).

4

i material levels in excess of NRC's criteria for. unrestricted use.

Section 4 of the NMSS Decommissioning Handbook summarizes NRC's

, interim radiological criteria for unrestricted use.

':w 9 05.03- Decommissionina Records Manaaement. SECY-90-316,

" Decommissioning Records Pl&a (DRP)" and Records Management Guideline'(RMG) 92-01, " Plan for Decommissioning Records,"  ;

describe the records management and retention requirements for the' decommissioning of licensed nuriear facilities. In general, the RMG requires thatoallsrecorda associated with decommissioning nuclearlfacilities'benmaintained for 20 years. ~ Records that are determi'ned'to(have:significant: historical value wil im )

permanently iretained. ' -RMG ' 93-03, " Final Criteria 3for Determining That Records Should>be Retained Permanently Because'of- ,

Significant Historical'Value," describes the criteria for I determining which--records.have significant historical value and I should be permanently retained. The office of Information Resources Management has been assigned lead responsibility for implementing the requirements of the DRP. In addition, on May 16, 1996, NRC amended its regulations pertaining to the disposition of certain records when a licenst terminates licensed activities or licensed activities are transferred to another licensee (61 EB 24669). The rule requires that licensees transfer records pertaining to decommissioning, and certain records pertaining to off-site releases and waste disposal, to the new licensee if licensed activities will continue at the same site, and it requires that the-new licensee forward these same records to NRC before the license is terminated.. SECY-90-316, RMG . 9 2-01, IWG 9 3-03 , and NRC's decommissioning recordkeeping requirements are discussed in Section 5 of the NMSS Decommissioning Handbook.

05.04 ,The National Environmental Policy Act of 1969. 10 CFR Parts 2 and 51 describe the activities required for compliance with.the Administrative Procedure Act (APA) and NEPA. 10 CFR Part 2 describes the procedures for the issuance, amending, transfer, or renewal of a license, including notifying State and local officials and the public of the NRC staff's actions, or intended actions, the public's involvement in the licensing

• process and the conduct of hearings related to licensing actions.

10 CFR Part'51 describes the procedures and requirements for )

evaluating licenseec' proposed actions under NEPA inclvding the development of EAs and EIS' and the requirement to notice these actions and solicit input from interested members of the public.

NRC staff should refer to Section 13 of the NMSS Decommissioning Handbook for information on the appropriate procedures to be followed to comply with NEPA.

XXXX SPECIFIC GUIDANCE 06.01 Decommissionino Tvoes. Generally, the staff will evaluate the decommissioning of nuclear facilities using one of

-four reviews (referred to as " Types"), as discussed below. NRC staff should refer to Section 7 of the Decommissioning Handbook 5

l

to , determine the appropriate decommissioning type for their site, as well as the actions that should be taken by NRC staff upon notification of a licensee's intent to decommission its facility.

Although it is anticipated that most licensees will fall under the; decommissioning types as outlined, it should be expected that the actions may'not always be appropriate for each licensee. The intent is to present the generally appropriate actions to be taken=by NRC staff,'~ recognizing that the unique nature of some facilities;maytrequire site-specific modificationstto the procedures.; The; staff shall ensure that=any departure from these established-procedures is reviewed and approved by NRC management andidocumentedcin writing prior to their implementation? m *i'

.r . .

06.01.01?X.TypeiI Review In general,' facilities' decommissioned under Type I only have used licensed material in a manner that would preclude its release into:the environment, would not cause the activation of adjacent materials, or the contamination of work areas. Typically, facilities decommissi .ed under Type I would be limited to licensees-that:

1. Possess and use only sealed sources and the most recent leak test demonstrates that the source (s) did not leak while ain the licensee's possession; or

2. Possess and use relatively short-lived radioactive material (i.e. , Tua s 60 days) in unsealed forms and the maximum activities authorized under the license have decayed ]

torless than the quantities specified in 10 CFR Part 20, Appendix C.

Any significant leakaga of the sealed source or sources (i.e.,

>0.005 pCi), or if the activity of-the radioactive material is in excess of the limits outlined in 10 CFR Part 20, Appendix C would require decomeissioning under Type II or Type III decommissionir.g, described below.

Type I decommissioning would not require the licensee to develop a DP, or to perform a FSS. However, the licensee would be required to submit a completed NRC Form 314, or equivalent, and demonstrate'that its facility was suitable for unrestricted use.

This could be accomplished by'the licensee demonstrating that it met either condition discussed above, or by performing an adequate FSS.NRC staff would evaluate the information submitted by the licensee, but would not perform either a closeout inspection or confirmatory survey at the licensee's facility.

NRC staff should refer to Section 8 of the NMSS Decommissioning q Handbook for the procedures to be followed in decommissioning l I

nuclear facilities under Type I.

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3

06.,01.02 Type II Review Facilities _ decommissioned.under Type II would have used licensed material in a~~ manner that would~notLbe expected to' result in its release into the environment, not activate adjacent materials, or not be expected to result in persistent contamination of work areas. However, these licensees would not be able to demonstrate  ;

the radiological status ~in accordance with the criteria discussed under the Type I decommissioning above. Type II decommissioning would include' licensees =that:

e >

1.- Possess 1and use.only. sealed sources, but cannot'

+

= demonstrate that the sources did not leak while in the '

flicensee's' possession'(1.e.,~1eak' tests are not1available or indicate contamination >0.005 pCi); or

2. Possess unsealed radioactive material with Tu2 $ 60 days but the maximum activities authorized under the license have not. decayed to less than the quantity specified in 10 CFR Part;20, Appendix C at the time the licensee requests license termination; or

3. Possess unsealed radioactive material with Tuz > 60 days but 5 120 days.

Type II decommissioning would not require the submission of a DP to NRC. However, these licensees would be required to submit a completed NRC Form 314, or equivalent, determine the radiological status of facilities, remove residual radioactive material, if necessary, and demonstrate that the facilities meet NRC's requirements. This demonstration could be made by submitting the results of a FSS to NRC for review and approval, or by other suitable means.

Typically, NRC staff would perform a Closeout Inspection at facilities decommissioned under Type II. Based on prior management of licensed material at the facility, and the results of the licensee's Final Status Survey, NRC may perform a Confirmatory Survey at these facilities. NRC staff should refer to Section 9 of the NMSS Decommissioning Handbook for the procedures to be followed in decommissioning facilities under Type II.

06.01.03 Type III Reviews All licensees that are required to submit a DP in accordance with NRC regulations at 10 CFR 30.36(g) (1) , 40.42 (g) (1) , or

70. 3 8 (g) (1) , as well as all Part 72 licensees, would decommission their facilities under Type III or Type IV. The decommissioning will be categorized as a Type III or Type IV decommissioning Lic_ensees using small quantities of HC or H may be deconsnissioned under Type II or Type III, depending on the total activity of "C or 1 possessed under the license, and the authorized use of the radioactive material. I.R/PMs should contact DWM/NHSS for guidance on which decomissioning Type is appropriate for their particular situation 7

8 e based on the complexity of the decommissioning and the NRC staff actions required to comply with NEPA.

Facilities'dedommi'asion'ed under Type III'would have used' licensed material ^in a f manner'resultin'g in:' releases'into'the environment; activation 7ofaadjacent-materials'or persistent' contamination of work areas. Type III decommissioning would include licensees that:

1:. - Qualify'for a categorical exclusion under 10 CFR 51.22 ab(c);.and .' . _ o

' origmt ojlp N: m t e n- " ,

N2.'dWi11cdecommissi~on facil'ities in'accordance with NRC's r

' LUcriteria for' unrestricted use.

brunt atr bm, r ^> ' i - -

- t Type III decommissioning would always involve the development and submission of.a DP by the licensee (including characterization, financial' assurance, health and safety, survey plans, etc.). NRC staff would notice the receipt of the DP in the Federal ReaisteI, and review and approve the DP prior to commencement of decommissioning activities by the licensee. NRC staff would also provide the public with the opportunity to comment on the DP prior to approval. Review of the DP would be documented using a checklist. Approval of the DP would typically be done as a license amendment that would incorporate the DP as part of the license. Upon NRC approval of the DP, the licensee or responsible party would perform the decommissioning, including a FSS. Based on the licensee's prior performance, NRC may conduct a confirmatory survey to ensure that the site meets NRC's criteria for unrestricted use. NRC staff should refer to Section 10 of the NMSS Decommissioning Handbook for the procedures to be followed in decommissioning facilities under Type III.

06.01.04 Type IV Review Facilities decommissioned under Type IV would have used licensed material in a manner that has resulted in its release into the environment, activated adjacent materials or resulted in persistent contamination of work areas. Type IV decommissioning would include licensees that:

1. Would not qualify for a categorical exclusion unuer 10 CFR 51.22 (c); or

2. Intend to decommission facilities such that residual radioactive material may remain at the site in excess of the levels specified in NRC's criteria for unrestricted use.

Type IV decommissioning would always involve the development and submission of a DP by the licensee (including characterization, financial assurance, health and safety, survey plans, etc.). NRC staff would notice the receipt of the DP in the Federal Recister, and review and approve the DP prior to commencement of decommissioning activities by the licensee. NRC staff would also provide the public with the opportunity to comment on the DP prior to approval. Review of the DP would be documented using a 8

l

SER,. Approval of the DP would be done as a license amendment which would incorporate the DP as part of the license. In addition to the review of-the DP documented in the SER, approval of the licensee's amendment request would be supported by an EA and, if appropriate,'a FONSI. If the EA results.in a determination that the environment would be impacted by the decommissioning, NRC staff will document this impact in an EIS.

Upon NRC' approval of the DP, the licensee or responsible party would perform the decommissioning, including a FSS. NRC staff would generally conduct a confirmatory survey to ensure that the site' meets NRC'sicriteria for license termination. .NRC! staff should refer.to Section 11 of the NMSS Decommissioning Handbook forithe)proceduresito be~followed in: decommissioning facilities )

under TypecIV.; so-14,4 , n' '

06.02 'Decommissionina Plans. The objective of the DP is to describe the activities and procedures that a licensee intends to undertake to remove residual radioactive material attributable to licensed activities at the facility to levels that meet NRC criteria in sufficient detail to allow NRC staff a determine whether decontamination of the facility can be accomplished safely. To the extent that licensed material is mingled with elevated (i.e., above background levels) naturally occurring radioactive material (NORM) the elevated NORM is also remediated in decommissioning. NRC regulations at 10 CFR Parts 30, 40, 70, and 72 require that certain information be provided by licensees in.the DP. The information that licensees are required to include in the DP is summarized below. This information is discussed in detail in the NMSS Decommissioning Handbook.

06.02.01 Content of Decommissioning Plans NRC regulations at 10 CFR 30.36(f) (4) (ii) and (iii),

40. 42 ( f) (4) (ii) and (iii) , 70. 38 ( f) (4 ) (ii) and (iii), require that DPs contain "...a description of the planned decommissioning activities" and "...a description of the methods used to ensure protection of workers and the environment against radiation hazards during decommissioning." NRC regulations at 10-CFR

72. 54 (f) (2) i (3) dnd-(6) require thet DPs contain "...the~ choice of the alternative for decommissioning with a description of the activities invol.ud", "...a description of the controls and-limits:on procedures and equipment to protect occupational and public health and> safety"'and "...a description of technical specifications /and quality assurance provisions in place during decommissioning." Generally, this information is developed by the licensee'after~ determining the radiological status of its facility. The DP is' submitted to NRC for review and approval as a license amendment request. NRC staff should refer to Section 11 of the NMSS Decommissioning Handbook to determine the

information that should be included in the decommissioning plans, as well as the procedures for reviewing the plan.

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. . i 06.,02.02 Site Characterization NRC requirements for decommissioning under 10 CFR 30.36(f) (4) (1),

l 404 42(f)-(4)i(i) , d70e38 (f) (4).(i) , and,72. 54 (f) (1) r require that proposediDParincludeo"v.ta descriptions oftthe conditions of the site or separate-building or outdoor area sufficient to evaluate

theracceptability of the plan." Licensees can developrthis t

informationrusingsinstitutional' knowledge about radioactive

! material use_at their. facility, by performing a site i characterization survey,roreby.a s combination of these<methode.

2 semealicenseesemayerequire: heightened attentioni.by]NRCr. staff duringacharacterization< planning;e For these licenseesbit'may be appropriate: forbNRC. staff sto request submission s of- site tem

~

1 characterisation op.lans or,reportscorctojmeet withit heelicensee i prioreton orif ring,tsiteacharacterization.: ThetNRCrstaff should j referetor8ecti nal2 ofitheaDecommissioning. Handbook for j information on the development of site characterization j

information, as well as the criteria'for requesting-early submission of site. characterization information by. licensees.

06.02.03 Financial Assr ance for Decommissioning NRC regulations at 10 CFR 30.36(f)(4)(iv), 4 0. 4 2 (f) (4 ) (iv) ', and

70. 38 (f) (4 ) (iv) require that DPs contain "...an updated detailed cost estimate for decommissioning, comparison of that estimate with.present funds set aside for decommissioning and a plan for assuring:the availability of adequate funds for completion of decommissioning." NRC regulations at 10.CFR.72.54(f)(5) also l require Independent Spent Fuel Storage Installations to provide '

this'information,.along with information on a means to adjust cost estimates and funding levels over any storage or surveillance period. This information is typically presented to NRCrfor: review and approval in an individual license application as the Decommissioning Funding Plan or Certificate of Financial  !

Assurance. This information is updated in_the DP. NRC staff shoula refer to Section 14 of the NMSS Decommissioning. Handbook for information on financial assurance.for decommissioning and:

the procedures to be followed to review the licensee's financial assuranceinechanism. <

ats mt 06.02.04 Final Status Survey Plans Licensees wishing to terminate their licenses must demonstrate to NRCtthat i residual radioactive material at'their facility attributable to past licensed operations does not. exceed NRC criteria for release of the facility. NRC regulations at 10 CFR

30. 36 (f) (4) (iv) ,. 40.42 (f) (4) (iv) , .70. 38 (f) (4) (iv) and 72.54(f)(4) requirecthat all DPs-contain a description of the planned final radiation survey to demonstrate that the facility meets NRC's criteria for release and termination of the license.

In addition, NRC regulations at 10 CFR 30.36(i) (2) , 4 0. 4 2 (i) (2) ,

70.38 (i) (2), and 72.54.(k) (2). describe the .information that must be submitted:to NRC to support a demonstration-that a licensed facilitycis suitable for release from regulatory control. NRC staff should refer to Section 16 of the NMSS Decommissioning 10

Handbook to determine what information should be presented in Final Status Survey Plans and Reports, a

06.03. InspectionsvDuring5 Decommissioning' nuh) Df'tfrWroW tW b M O P i ". tr P - . " m, Manual-Chapterc.2602,i" Decommissioning Inspection Program.for Fuel Cycle Facilities and Materials Licensees" establishes the inspection; program for fuel. cycle.and; materials licensees undergeing decommissioning. -NRC.has developed Inspection Procedure 387104."DecommissioningcInspection Procedure for MaterialsiLicensees" land Inspection Procedure 88104- ,

MDecommissioning2 Inspection Procedure.for' Fuel CyclaiFacilities.4?

ThesesinspectionshshouldVconfirm6 safe: performancadof f USM: 8 decommissioning',oincluding. checks of the qualityiofLthe!'t, licenseafsafinalisurvey. All NRC personnel implementing the decommissioning inspection program shall use the guidance identifieduin:MC-2602tand the Decommissioning Inspection Procedures.

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06.04. Confirmatory Surveys After acceptance of the licensee's final survey report, NRC may conduct a confirmatory survey. Inspection Procedure 83890 discusses the procedures to be followed to determine whether a confirmatory survey is required at a licensed facility.

Inspection; Procedure 83890 also summarizes the procedures to be-followedoto perform closeout inspections and confirmatoryn surveys. The confirmatory survey develops radiological data of the same type as that presented by the licensee, but is usually limited in. scope to spot-checking conditions at selected site locations; comparing findings with those of the licensee, and performing independent evaluations of the data developed by the two surveys. NRC uses_the report of this-survey in: supporting a decision on the licensee's application to terminate a license and release the site. The confirmatory survey is not; intended nor designed to-duplicate or augment the licensee's FSS. NRC's

- regulations do not include. specific. requirements for the2 ,

confirmatory survey, nw m .

Facilities decommissioned under Type III will require a confirmatory survey and a closeout-inspection, unless. inspections by NRC-during:theolicensee's FSS confirm that-the' licensee's survey.will'be ofusufficient quality to demonstrate:that the facilityeneets'NRC: criteria for termination of the license.< NRC-staff shall, assign higher priority for conducting confirmatory l

surveyssat sites that may pose a greater potential threat to the public health and safety if not remediated in accordance with NRC criteria.. This approach would allow the release of some) facilities from regulatory control based solely on past, operationssand performance, the staff's confidence.that:the facility was. adequately remediated by the licensee,:and a-closeout inspection.that does not indicate that additional: issues remain unresolved-at=the facility. Facilities decommissioned under-Type:IV generally will require a confirmatory survey and closeoutsinspection by NRC staff.

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NRC staff should refer to Section 17 of the NMSS Decommissioning Handbook for information and procedures to be followed in developing Confirmatory Surveys.

py-;~,-s, on vm ,# , . o 06 05N Partial

• Facility Decommissioning In most'instancesTa licensee will request termination of its license.with the intent of releasing the entire site from regulatory control.= However, in sorae instances a licensee may request 1that only a portion of its facility be removed from the li' cense. ' NRCorequirements at 10 CFR 30.36 (d) (1-4) ,

40.42 (d) (1-4) f 70.38 (d) (1-4) , and 7 . 54 (d) (1-3) describe the-conditionsmunder'which'atlicensed facility would be required to commendetdecommissioning operations, which would also be t '

applicablWitocthoseDinstances where a licensee ceases operations atlaiportion'of~its~ facility. 10 CFR 30.35(g), 40.36(f),

70.25(g) and 72.30(d) describe the requirements for the maintenance-of records pertaining to decommissioning-licensed )

facilities which would also apply to the decommissioning of_a portion of a licensed facility. I l

Generally, release of a portion of the licensed facility for  !

unrestricted use is accomplished in the same manner as the release of the entire site or facility (i.e. by the licensee developing a DP, as required, that includes site characterization information and descriptions of remedial activities; performing the' remedial activities; and demonstrating that the site meets NRC's current criteria for release). However, when completed the decommissioned portion of the facility will be released via amendment tx) the license, rather than termination of the license. 4 l

At facilities possessing broad scope licenses, radioactive l material usage may be terminated and resumed at separate l locations (e.g., individual laboratories within a building) at the facility numerous times during the active phase of the license. For this type of decommissioning, the licensee is not

~~

required'to notify NRC as described in 10 CFR 30.36(d), as long as the licensee has not decided to permanently cease principal activities'at the entire site or in any separate building. Also, becau'e"of s the'b' road-scope nature of the license and the limited scope.of the decommissioning, the licensee would not be required to submit a DP as described in 10 CFR 30.36(f) (1) and~would not request:an amendment to its license to describe this change in areasiof use. 'As such, the licensee would only be required to maintain' records of the decommissioning for review by NRC per 10~CFR'30i35(g).

hheli[ensee's.decommissioningandreleaseoftheseseparate locations for unrestricted use must be accomplished and documented-in a manner similar to that described in this manual chapter'for licensee's facilities which are subject to NRC review and approval prior to release for unrestricted use. To ensure that broad scope licensees have adequately decommissioned these separate locations, inspectors must perform a detailed review of the licensee's decommissioning records during each inspection and should consider performing confirmatory measurements in those 12

sep,arate facilities the licensee has released for unrestricted use.

i n t, 0 2J a m . -e . . , .. . _ i NRC staff should refer to Section 18 of the NMSS Decomvissioning Handbookefor-the, procedures to be followed to< release'a> portion ofca ulicensed facility for. unrestricted use, an 2; r,- J i no , ,

06.06, License Termination Thefknal<actionrequiredby.theclicenseeafter:ithascompleted remediationjandjadequately.3 demonstrated that:thenfacilityt,is a, suitablooforireleasefin..accordance with NRC'strequirements'is the submissiontofrNRCrForm 314 ?$If.thei licenseethastsatisfiedralliof theiconditionshforcremediating.its site,3NRC. staff.. terminates the ~

license 1for thatsite.) Forisites listed on the SDMPiand_other non-routine sites,7.NRC should inform:the State agency that-mayt have durisdiction:over.any; hazardous chemical contamination and the.U.S. Environmental Protection Agency about the intent to terminate the. license. In addition, the termination is intended as final agency action and should include appropriate language in the termination letter to reflect this intent. N"^ staff should refer to Section 20 of the NMSS Decommissioning Handbook for the procedures to be followed to terminate the license.

06.07 . Formerly Licensed sites In; February 1995 NRC issued Temporary Instruction.(TI). 2800/026, which outlines the procedures staff shall follow to verify the status of formerly licensed sites for which there is.ined. equate documentation in the docket file to demonstrate that th,j were properly decommissioned. Staff should refer to TI 2800/026 and Section 21 of the NMSS Decommissioning Handbook for. guidance on the appropriate procedures to be followed to assess the status of formerly-licensed sites.

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