ML20138R083
| ML20138R083 | |
| Person / Time | |
|---|---|
| Issue date: | 11/01/1985 |
| From: | Kerr G NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML20136G062 | List: |
| References | |
| NUDOCS 8511180429 | |
| Download: ML20138R083 (2) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION g-
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j W ASHINGTON, D. C. 20555 e
,o Ref: SA/KNS NOV-1 1985 MEMORANDUM FOR: Harold R. Denton, Director Office of Nuclear Reactor kpAai...a Guy H. Cunningham, III Executive Legal Director FROM:
G. Wayne Kerr, Director Office of State Programs
SUBJECT:
NRC VS AGREEMENT STATE JURISDICTION OVER WASTE DISPOSAL RELATED TO REACTOR DECOMMISSIONING I am writing in reference to the Denton to Cunningham memo of August 7, 1985 and the ELD reply of September 13, 1985.
We believe the legal views in the ELD memo regarding possible Agreement State regulatory roles in reactor decomissioning point to a need for a clear expression of NRC policy on this subject.
We believe the policy should be one of NRC jurisdiction over the entire decomissioning process. We believe it would be bad policy to " divide up" the jurisdiction over reactor decomissioning as the above referenced memo indicated might occur. The Agreement States should not be designated the regulatory authority over certain aspects of decomissioning when they have not been involved in the siting, design or operational aspects of the activity or the determination of adequate financial assurances for such activities.
Present practice for decomissioning reactors (research) and other facilities, such as fuel fabrication facilities, under NRC jurisdiction in Agreement States has been to continue NRC jurisdiction until the site is acceptable for unrestricted use. Examples include the research reactor at UCLA in California, the UNC enriched uranium scrap recovery i
plant in Rhode Island and the US Nuclear high enriched uranium fuel i
fabrication plant in Tennessee.
The recent proposed rule "Decomissioning Criteria for Nuclear Facil-ities" (FR5600-5625) published February 11, 1985, addresses the safe and timely decommissioning of all NRC licensed facilities, including the subject of adequate financial assurance. The issue of Agreement State
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A jurisdiction over certain aspects of the decommissioning process as suggested in the ELD memo is not addressed. We believe the decommission-ing rule contemplates NRC maintaining regulating authority until completion of all activities related to decommissioning and disposal.
We certainly believe that should be the case as a policy matter.
If it is necessary to amend 10CFR 150.15 in addition to establishing a policy regarding NRC jurisdiction, we recommend the regulation change be initiated promptly.
In any event, we suggest NRR take the lead in preparing a statement of policy regarding NRC jurisdiction over reactor decommissioning which we can send to the States. We are prepared to assist in any appropriate way.
If your staff has questions on this matter, please contact Don Nussbaumer, x27767.
s Wff G. Wayne Kerr, Director Office of State Programs cc: R. Minogue, RES w/ memos J. Taylor, IE w/ memos J. Davis, NMSS w/ memos 4
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