ML20141K482
| ML20141K482 | |
| Person / Time | |
|---|---|
| Issue date: | 05/21/1997 |
| From: | Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM) |
| To: | Bond C, Browner C, Chafee J, Domenici P, Enzi M, Gibbons J, Glenn J, Inhofe J, Katzen S, Mcdade J, Mcginty K, Murkowski F, Pena F, Schaefer D, Rich Smith, Stump B, Thomas C COUNCIL ON ENVIRONMENTAL QUALITY, ENERGY, DEPT. OF, ENVIRONMENTAL PROTECTION AGENCY, HOUSE OF REP., HOUSE OF REP., APPROPRIATIONS, HOUSE OF REP., ENERGY & COMMERCE, OFFICE OF MANAGEMENT & BUDGET, PRESIDENT OF U.S. & EXECUTIVE OFFICES, SENATE, SENATE, APPROPRIATIONS, SENATE, ENERGY & NATURAL RESOURCES, SENATE, ENVIRONMENT & PUBLIC WORKS |
| References | |
| NUDOCS 9705290168 | |
| Download: ML20141K482 (23) | |
Text
- u.k. UNITED STATES
%R. .
.g % NUCLEAR REGULATORY COMMISSION WASHINoToN, D.C. 20NW0001
/'M D"'5 #"#P 2 )
k . . . . . 8,o May 21, 1997 CHAIRMAN The Honorable Frank Murkowski, Chairman Committee'on Energy and Natural Resources ijnited States Senate Washington, D.C. 20510
Dear Senator Murkowski:
I an writing to inform you that the Nuclear Regulatory Commission has approved !
an amendment to its regulations to establish maximum permissible radiation I levels when a nuclear facility permanently shuts down, is released for other uses,.and the license is terminated. The new rules will require licensees of permanently shut down facilities to reduce radioactivity to sufficiently low levels to permit the license to be terminated safely. Release of the property may be either unrestricted, in which case it could ~ be used for any purpose, or restricted, so that it could not be used for certain purposes, such as residential housing.
The Commission believes that the new standards are consistent with specific ,
recommendations of both national and international bodies tasked with the l
- development of guidance for radiation protection; are appropriately based on j ris'k, cost benefit, and socio-economic standards; provide the needed i flexibility to accommodate site-specific conditions; and are sufficiently
- conservative to ensure protection of public health safety and the environment.
A proposed rule on this subject was published for public comment on August 22, 1994. The full text of the final rule and a description of the specific changes made as a result of the comments received on the proposed rule, and
- additional NRC analysis, will be contained in a Federal Register notice to be
- published soon. We will provide you a copy.
1 l The enclosed press release, affirmation notice, and staff requirements memorandum describe the final rule in greater detail. If you would like additional information, please do not hesitate to contact me.
Sincerely, Un f Shirley Ann Jackson g
Enclosures:
As stated 1
'cc: Senator Dale Bumpers 200010' 9705290168 970521 7 lElElEE
- E!ElEE PDR' COPMS NRCC &
CORRESPONDENCE PDR l
,# 4 UNITED STATES
- ~
4 NUCLEAR REGULATORY COMMISSION WASHINGTON, o.C. 20555-0001 e
% / May 21, 1997 CHAIRMAN The Honorable James M. Inhofe, Chairman Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety Committee on Environment and Public Works United States Senate Washington, D.C. 20510
Dear Senator Inhofe:
I am writing to inform you that the Nuclear Regulatory Commission has approved an amendment to its regulations to establish maximum permissible radiation levels when a nuclear facility permanently shuts down, is released for other uses, and the license is terminated. The new rules will require licensees of permanently shut down facilities to reduce radioactivity to sufficiently low levels to permit the license to be terminated safely. Release of the property may be either unrestricted, in which case it could be used for any purpose, or restricted, so that it could not be used for certain purposes, such as residential housing.
The Commission believes that the new standards are consistent with specific recommendations of both national and international bodies tasked with the development of guidance for radiation protection; are appropriately based on risk, cost benefit, and socio-economic standards; provide the needed flexibility to accommodate site-specific conditions; and are sufficiently conservative to ensure protection of public health safety and the environment.
A proposed rule on this subject was published for public comment on August 22, 1994. The full text of the final rule and a description of the specific changes made as a result of the comments received on the proposed rule, and additional NRC analysis, will be contained in a Federal Register notice to be published soon. We will provide you a copy.
The enclosed press release, affirmation notice, and staff requirements memorandum describe the final rule in greater detail. If you would like additional information, please do not hesitate to contact me.
Sincerely, hN ,. L~
Enclosures:
As stated I l
cc: Senator Bob Graham
pC "
UNITED STATES g g NUCLEAR REGULATORY COMMISSION I WASHINGTON, D.C. 20555-0001 l C 1
\.....[j May 21, 1997 l
CHAIRMAN l
1 The Honorable Robert C. Smith, Chairman Subcommittee on Superfund, Waste Control, and Risk Assessment Committee on Environment and Public Works United States Senate 3 Washington, D.C. 20510
Dear Senator Smith:
I am writing to inform you that the Nuclear Regulatory Commission has approved an amendment to its regulations to establish maximum permissible radiation levels when a nuclear facility permanently shuts down, is released for other uses, and the license is terminated. The new rules will require licensees of permanently shut down facilities to reduce radioactivity to sufficiently low levels to permit the license to be terminated safely. Release of the property may be either unrestricted, in which case it could be used for any purpose, or restricted, so that it could not be used for certain purposes, such as residential housing.
The Commission believes that the new standards are consistent with specific recommendations of both national and international bodies tasked with the development of guidance for radiation protection; are appropriately based on risk, cost benefit, and socio-economic standards; provide the needed flexibility to accommodate site-specific conditions; and are sufficiently conservative to ensure protection of public health safety and the environment.
A proposed rule on this subject was published for public comment on August 22, 1994. The full text of the final rule and a description of the specific changes made as a result of the comments received on the proposed rule, and additional NRC analysis, will be contained in a Federal Register notice to be published soon. We will provide you a copy.
The enclosed press release, affirmation notice, and staff requirements memorandum describe the final rule in greater detail. If you would like additional information, please do not hesitate to contact me.
Sincerely, Shirley Ann Jackson j
Enclosures:
As stated cc: Senator Frank R. Lautenberg i 1
i
=
- UNITED STATES e-It NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 2065W1 e;
k.....,/ May 21, 1997 CHAIRMAN The Honorable John H. Chafee, Chairman Committee on Environment and Public Works United States Senate Washirigton, D.C. 20510
Dear Senator Chafee:
I am writing to inform you that the Nuclear Regulatory Commission has_ approved an; amendment to its regulations to ' establish maximum permissible radiation levels when a nuclear facility permanently shuts down, is released for other uses, and the license is terminated. The new rules will require licensees of permanently shut down facilities to reduce radioactivity to sufficiently low levels to permit the license to be terminated safely. Release of the property may be either. unrestricted, in which case it could be used for any purpose, or restricted, so that it could not be used for certain purposes, such as residential housing.
The Commission believes that the new standards are consistent with specific recommendations of both national and international bodies tasked with the development'of guidance for radiation protection; are appropriately based on risk, cost benefit, and socio-economic standards; provide the needed flexibility to accommodate site-specific conditions; and are sufficiently conservative t:: ensure protection of public health safety and the environment.
A proposed rule on this subject was published for public comment on August 22, 1994. The full text of the final rule and a description of the specific changes made as a result of the comments received on the proposed rule, and additional NRC analysis, will be contained in a Federal Register notice to be published soon. We will provide you a copy.
The enclosed press release, affirmation notice, and staff requirements memorandum describe the final rule in greater detail. If you would like additional information, please do not hesitate to contact me.
Sincerely, b~ d ,.J - Q Shirley Ann Jackson
Enclosures:
As stated
.cc: Senator Max Baucus
4 I%
UNIVED STATES cf NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 May 21, bs/
k.....
CHAIRMAN The_ Honorable Pete V. Domenici, Chairman Subcommittee on Energy and Water Development Comnittee on Appropriations
'Jnited States Senate Washington, D.C. 20510
Dear Senator Domenici:
I am writing to inform you that the Nuclear Regulatory Commission has approved an amendment to its regulations to establish maximum permissible radiation levels when a nuclear facility permanently shuts down, is released for other uses, and the license is terminated. The new rules will require licensees of permanently shut down facilities to reduce radioactivity'to sufficiently low levels to permit the license to be terminated safely. Release of the property may be either unrestricted, in which case it could be used for any purpose, or restricted, so that it could not be used for certain purposes, such as residential housing.
The Commission believes that the new standards are consistent with specific recommendations of both national and international bodies tasked with the developmeni. of guidance for radiation protection; are appropriately based on i risk, cost benetii., and socio-economic standards; provide the needed flexibility to accommodate site-specific conditions; and are sufficiently conservative to ensure protection of public health safety and the environment.
A proposed rule on this subject was published for public comment on August 22, l 1994. The full text of the final rule.and a description of the specific changes made as a result of the comments received on the proposed rule, and additional NRC analysis, will be contained in a Federal Register notice to be 4 published soon. We will provide you a copy.
The enclosed press release, affirmation notice, and staff requirements memorandum describe the final rule in greater detail. If you would like '
additional information, please do not hesitate to contact me.
Sincerely. -
. /bv e~la Shirley Ann Jackson l
Enclosures:
As stated cc: Senator Harry Reid
I e %. UNITED STATES g b' .
Jg NUCLEAR REGULATORY COMMISSION d g IVASHINGTON, D.C. 20555-0001
?, y [ May 21, 1997 CHAIRMAN The Honorable Dan Schaefer, Chairman Subcommittee on Energy and Power Committee on Commerce United States House of Representatives Washington, D.C. 20515
Dear Congressman Schaefer:
I am writing to inform you that the Nuclear Regulatory Commission has approved an amendment to its regulations to establish maximum permissible radiation levels when a nuclear facility permanently shuts down, is released for other uses, and the license is terminated. The new rules will require licensees of permanently shut down facilities to reduce radioactivity to sufficiently low levels to permit the license to be terminated safely. Release of the property may be either unrestricted, in which case it could be used for any purpose, or restricted, so that it could not be used for certain purposes, such as residential housing.
The Commission believes that the new standards are consistent with specific recommendations of both national and international bodies tasked with the development of guidance for radiation protection; are appropriately based on risk, cost benefit, and socio-economic standards; provide the needed flexibility to accommodate site-specific conditions; and are sufficiently conservative to ensure protection of public health safety and the environment.
A proposed rule on this subject was published for public comment on August 22, 1994. The full text of the final rule and a d2scription of the specific changes made as a result of the comments received on the proposed rule, and additional NRC analysis, will be contained in a Federal Register notice to be published soon. We will provide you a copy.
The enclosed press release, affirmation notice, and staff requirements memorandum describe the final rule in greater detail. If you would like additional information, please do not hesitate to contact me.
Sincerely, f tQ .-
Enclosures:
As stated cc: Representative Ralph Hall
_ ._ _. _. _ . _ . . . . . _ . _ _ . _ _ _ _ . _ _ . . _ . _ . _ _ ~ . - _ . _________.m f k1g UNITED STATES-NUCLEAR REGULATORY COMMISSION i J WASHINGTON, D.C. 20656-0001
- g g May 21, 1997
\.....
CHAMMAN
[
The Honorable Joseph M. McDade, Chairman I
i
- Subcomittee on Energy and Water Development
-Committee on Appropriations United States House of Representatives Washington, D.C. 20515 j
Dear Congressman McDade:
l I am writing to, inform you that the Nuclear Regulatory Commission has approved i an amendment to its regulations to establish maximum permissible radiation i levels wher, a nuclear facility permanently shuts down, is released for other !
- uses, and the license is terminated. The new rules will require licensees of i permanently shut down facilities to reduce radioactivity to sufficiently low I
- levels to permit the license to be terminated safely. Release of the property may be either unrestricted, in which case it could be used for any purpose, or restricted, so that it could not be used for certain purposes, such as residential housing.
The Comission believes that the new standards are consistent with specific j i recomendations of both national and international bodies tssked with the development of guidance for radiation protection; are appropriately based on risk, cost benefit, and socio-economic standards; provide the needed l flexibility to accomodate site-specific conditions; and are sufficiently j conservative to ensure protection of public health safety and the environment. i
~
j- A proposed rule on this subject was published for public comment on August 22, l 1994. The full text of the final rule and a description.of the specific ;
changes made as a result of the coments received on the proposed. rule, and additional NRC analysis, will be contained in a Federal Register notice to be ,
published soon. We will provide you a copy.
- The enclosed press release, affirmation notice, and staff requirements ,
memorand'un describe the final rule in greater detail. If you would like -!
additional information, please do not hesitate to contact me.
d Sincerely, b
Enclosures:
'As stated I cc: Representative Vic.Fazio i
i .
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.. . . . _ __ _ _ _ . _ _ . . .. _ _ _ _ _ _ ~ ...___._m._ _ _ . __ .
. *% - UNITED STATES i NUCLEAR REGULATORY COMMISSION
" WASHINGTON, D.C. 20555-0001 5 E
%, May 21, 1997
...../
CHAMMAN The Honorable Craig Thomas United States Senate Washington, D.C. 20510
Dear Senator Thomas:
I am writing to inform you that the Nuclear Regulatory Commission has approved an amendment to its regulations to' establish maximum permissible radiation levels when a' nuclear facility permanently shuts down, is released for other uses, and the license is terminated. The new rules will require licensees of permanently shut down facilities to reduce radioactivity to sufficiently low levels to permit the license to be terminated safely. Release of the property may be either unrestricted, in which case it could be used for any purpose, ';r restricted, so that it could not be used-for certain purposes, such as resident?al housing.
The Commission believes that the new standards are consistent with specific recommendations of both national and international bodies tasked with the development of guidance for radiation protection; are appropriately based on risk,, cost benefit, and socio-economic standards; provide the needed J flexibility to accommodate site-specific conditions; and are sufficiently !
conservative to ensure protection of public health safety and the environment. !
l A proposed rule on this subject was published for public comment on August 22, l 1994. The full text of the final rule and a description of the specific l changes made as a result of the comments received on the proposed rule, and additional NRC analysis, will be contained in a Federal Register notice to be published soon. We will provide ym! a copy. ;
The enclosed press release, affirmation notice, and staff requirements i memorandum describe the final rule in greater detail. If you would like additional information, please do not hesitate to contact. me.
Sincerely, da Shirley Ann Jackson i
Enclosures:
As stated
c0 %. UNITED STATES f
g"f - f*& ' NUCLEAR REGULATORY COMMISSION l g )71( j WASHINGTON, D.C. 205$5-0001 y lPt / May 21, 1997 CHAIRMAN f
The Honorable. Michael B. Enzi United States Senate
' Washington, D.C. 20510
Dear Senator Enzi:
.I am writing to inform you that the Nuclear Regulatory Commission has approved
-an amendment to its regulations to establish maximum permissible radiation levels when a nuclear facility permanently shuts down, is. released for other uses, and the license is terminated. The new rules will require licensees of permanently shut down facilities to reduce radioactivity to sufficiently low
' levels to permit the license to be terminated safely. Release of. the property may be either unrestricted, in which case it could be used for any purpose, or ;
restricted, so,that it could not be used for certain purposes, such as ;
residential housing.
l The' Commission believes that the new standards are consistent with specific recommendations of both national and international bodies tasked with the development of guidance for radiation protection; are appropriately based on risk, cost benefit, and socio-economic standards; provide the needed flexibility to accommodate site-specific conditions; and are sufficiently conservative to ensure protection of public health safety and the environment.
A proposed rule on this subject was published for public comment on August 22, 1994. The full text of the final rule and a description of the specific
~hanges c made as a result of the comments received on the proposed rule, and additional NRC analysis, will be contained in a Federal Register notice to be published soon. We will provide you a copy.
The enclosed press release, affirmation notice, and staff requirements memorandum describe the final rule in greater detail. If you would like additional-information, please do not hesitate to contact me. j Sincerely, 8 ) ([ A <l,w Shirley Ann Jacks n
Enclosures:
As stated
. - - - ~ - . . , , _ , , , -
3
[ g UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20656-0001
- t
.....j[ May 21, 1997 CHAIRMAN The Honorable John Glenn United States Senate Washington, D.C. 20510
Dear Senator Glenn:
I am writing to inform you that the Nuclear Regulatory Commission has approved
.an amendment to its regulations to establish maximum oermissible radiation levels when a nuclear facility permanently shuts down, is released for other uses, and the license is terminated. The new rules will require licensees of permanently shut down facilities to reduce radioactivity to sufficiently low levels to permit the license to be terminated safely. Release of the property
- may be either unrestricted, in which case it could be used for any purpose, or restricted, so that it could not be used for certain purpe os, such as residential housing.
The Commission believes that the new standards are consistent with specific recommendations of both national and international bodies tasked with the development of guidance for radiation protection; are appropriately based on risk, cost benefit, and socio-economic standards; provide the needed 1 flexibility to accommodate site-specific conditions; and are sufficiently i conservative to ensure protection of public health safety and the environment. j A proposed rule on this subject was published for public comment on August 22, j 1994. The full text of the final rule and a description of the specific changes made as a result of the comments received on the proposed rule, and additional NRC analysis, will be contained in a Federal Register notice to be ,
published soon. We will provide you a copy. l The enclosed press release, affirmation notice, and staff requirements memorandum describe the final rule in greater detail. If you would like additional information, please do not hesitate to contact me.
Sincerely, 1
Enclosures:
As stated i
go N- UNITED STATES g'
c.
k S NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2055HK)01 5 :J
%, g May 21, 1997 CHAIRMAN 1
The Honorable Christopher Bond United States Senate !
Washington, D.C 20510
Dear Senator Bond:
I am writing to inform you that the N clear Regulatory Commission has approved an amendment to its regulations to establish maximum permissible radiation levels when a nuclear facility permanently shuts down, is released for other uses, and the license is terminated. The new rules will require licensees of permanently shut down facilities to reduce radioactivity to sufficiently low levels to permit the license to be terminated safely. Release of the property may be either unrestricted, in which case it could be used for any purpose, or restricted, so that it could not be used for certain purposes, such as residential housing.
The Commission believes that the new standards are consistent with specific recommendations of both national and international bodies tasked with the development of guidance for radiation protection; are appropriately based on risk, cost benefit, and socio-economic standards; provide the needed flexibility to accommodate site-specific conditions; and are sufficiently conservative to ensure protection of public health safety and the environment.
A proposed rule on this subject was published for public comment on August 22, i 1994. The full text of the final rule and a description of the specific changes made as a result of the comments received on the proposed rule, and additional NRC analysis, will be contained in a Federal Register notice to be l published soon. We will provide you a copy.
The enclosed press release, affirmation notice, and staff requirements memorandum describe the final rule in greater detail. If you would like additional information, please do not hesitate to contact me.
Sincerely, d&. (a Shirley Ann Jackson
Enclosures:
As stated
, _ . _ .. _ - . . _ . _ ~. - _. ___ _ __
49 ' %9 UNITED STATES g~ & NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20665-0001 e
/ May 21, 1997
\ ..... f CHARMAN The Honorable Bob Stump Member, United States House of Representatives Room 2001 230 North 1st Avenue Phoenix, Arizona 85025
Dear Congressman Stump:
I am writing to inform you that the Nuclear Regulatory Commission has approved an amendment to its regulations to establish maximum permissible radiation levels when a nuclear facility permanently shuts down, is released for other ,
uses, and the license is terminated. The new rules will require licensees of . I permanently shut down facilities to reduce radioactivity to sufficiently low levels to permit the license to be terminated safely. Release of the property may be either unrestricted, in which case it could be used for any purpose, or restricted, so that it could not be used for certain purposes, such as residential housing.
The Commission believes that the new standards are consistent with specific recommendations of both national and international bodies tasked with the development of guidance for radiation protection; are appropriately based on risk, cost benefit, and socio-economic standards; provide the needed flexibility to accommodate site-specific conditions; and are sufficiently conservative to ensure protection of public health safety and the environment. 4 A proposed rule on this subject was published for public comment on August 22, l 1994. .The full text of the final rule and a description of the specific changes made as a result of the comments received on the proposed rule, and additional NRC analysis, will be contained in a Federal Register notice to be l published soon. We will provide you a copy.
The enclosed press release, affirmation notice, and staff requirements memorandum describe the final rule in greater detail. If you would like additional information, please do not hesitate to contact me. <
Sincerely, fk L Shirley Ann Jackson i
Enclosures:
As stated l
l l
- 4 UNITED STATES
[~ 1, NUCLEAR REGULATORY COMMISSION WASHINoToN, D.C. 2055%0001
- E
( g May 21, 1997 CHAIRMAN The Honorable Sally Katzen, Administrator Office of Information and Regulatory Affairs Office of Management and Budget Washington, D.C. 20503
Dear Ms. Katzen:
I am writing to inform you that the Nuclear Regulatory Commission has approved i an amendment to its regulations to establish maximum permissible radiation I levels when a nuclear facility permanently shuts down, is released for other l uses, and the license is terminated. The new rules will require 1icensees of '
permanently shut down Jacilities to reduce radioactivity to sufficiently low ,
levels to permit the license to be terminated safely. Release of the property I may be either unrestricted, in which case it could be used for any purpose, or restricted, so that it could not be used for certain purposes, such as residential housing.
l The Commission believes that the new standards are consistent with specific '
recommendations of both national and international bodies tasked with the l development of guidance for radiation protection; are appropriately based on i risk, cost benefit, and socio-economic standards; provide the needed flexibility to accommodate site-specific conditions; and are sufficiently I conservative to ensure protection of public health safety and the environment.
l A nronosed rule on this subject was published for public comment on August 22, 1994. The full text of the final rule and a description of the specific changes made as a result of the comments received on the proposed rule, and additional NRC analysis, will be contained in a Federal Register notice to be published soon. We will provide you a copy.
The enclosed press release, affirmation notice, and staff requirements memorandum describe the final rule in greater detail. If you would like additional information, please do not hesitate to contact me.
Sincerely,
Enclosures:
As stated
.__ _ _ . _ . . . ~ _ . _ _ _ . _ . _ _. __. . ._. _. .__.._
pe# ,
% UNITED STATES g NUCLE / * "EGULATORY COMMISSION
% WASHINGTON, D.C. 20065-0001 e
May 21, 1997 j#
CHAIRMAN
- The Honorable Federico F. Pe5a Secretary of Energy Washington, D.C. 20585
Dear Mr. Secretary:
I am writing to inform you that the Nuclear Regulatory Commission has approved an amendment to its regulations to establish maximum permissible radiation levels when a nuclear facility permanently shuts down, is released for other uses, and the license is termirated. The new rules will require licensees of permanently shut down facilities to reduce radioactivity to sufficiently low levels to permit the license to be terminated safely. Release of the property may be er.ner unrestricted, in which case it could be used for any purpose, or restricted, so that it could not be used for certain purposes, such as residential housing.
The Commission believes that the new standards are consistent with specific recommendations of both national and international bodies tasked with the development of guidance for radiation protection; are appropriately based on risk, cost benefit, and socio-economic standards; provide the needed flexibility to accommodate site-specific conditions; and are sufficiently conservative to ensure protection of public health safety and the environment.
A proposed rule on this subject was published for public comment on August 22, 1994. The full text of the final rule and a description of the specific t changes made as a result of the comments received on the proposed rule, and additional NRC analysis, will be contained in- a Federal Register notice to be published soon. We will provide you a copy. !
l The enclo. sed press release, affirmation notice, and staff requirements j memorandum describe the final rule in greater detail. If you would like i additional information, please do not hesitate to contact me.
Sincerely, D l Shirley Ann Jackson
Enclosures:
As stated )
I t
_ jo ~ UNITED STATES
- y% NUCLEAR REGULATORY COMMISSION 0
g j WASHINGTON, D.C. 20666-4001
%, May 21, 1997 CHAIRMAN -
The Honorable Carol M. Browner Administrator Environmental Protection Agency Washington, D.C. 20460
Dear Administrator Browner:
I am writing to inform you that the Nuclear Regulatory Commission has approved an amendment to its regulations to establish maximum permissible radiation
. levels when a' nuclear facility permanently shuts down, is released for other uses, and the license is terminated. The new rules.will require licensees of permanently shut down facilities to reduce radioactivity to sufficiently low levels to permit the license to be terminated safely. Release of the property may be either unrestricted, in which case it could be used for any purpose, or restricted, so that it could not be used for certain purposes, such as
' residential housing.
The Commission believes that the new standards are consistent with specific recommendations of both national and international bodies tasked with the development of guidance for radiation protection; are appropriately based on risk, cost benefit, and socio-economic standards; provide the needed flexibility to accommodate site-specific conditions; and are sufficiently conservative to ensure protection of public health safety.and the environment A proposed rule on this subject was published for public comment on August 22, 1994. The full text-of the final rule and a description of the specific changes cade as a result of the comments received on the proposed rule, and additional NRC analysis, will be contained in a Federal Register notice to be published'soon. We will provide you a copy. i The enclosed press release, affirmation notice, and staff requirements j memorandum describe the final rule in greater detail. If you would like additional information, please do not hesitate to contact me.
Sincerely,
)
L) ~
Shirley Ann Jac son l
Enclosures:
As stated
e j' UNITED STATES g 4- NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20$600001
/ May 21, 1997 -
CHAIRMAN The Honorable Kathleen A. McGinty Council on Environmental Quality Washington, D.C. 20501
Dear Ms. McGinty:
I am writing to inform you that the Nuclear Regulatory Commission has approved I an amendment to its regulations to establish maximum permissible radiation i levels when a nuclear facility permanently shuts down, is released for other i uses, and the license is terminated. The new rules will require licensees of !
permanently shut down facilities to reduce radioactivity to sufficiently low l 1evels to permit the license to be terminated safely. Release of the property 1 may be either unrestricted, in which case it could be used for any purpose, or l restricted, so that it could not be used for certain purposes, such as residential housing.
The Commission believes that the new standards are consistent with specific ,
recommendations of both national and international bodies tasked with the j development of guidance for radiation protection; are appropriately based on risk, cost benefit, and socio-economic standards; provide the needed flexibility to accommodate site-specific conditions; and are sufficiently conservative to ensure protection of public health safety and the environment.
A proposed rule on this subject was published for public comment on August 22, 1994. The full text of the final rule and a description of the specific changes made as a result of the comments received on the proposed rule, and additional NRC analysis, will be contained in a Federal Register notice to be published soon. We will provide you a copy.
The enclosed press release, affirmation notice, and staff requirements memorandum describe the final rule in greater detail. If you would like additional information, please do not hesitate to contact me.
Sincerely, b M Shirley Ann Jackson
Enclosures:
As stated
,# % UNITED STATES g 2 NUCLEAR REGULATORY COMMISSION
< g WASHINGTON, D.C. 2066tH)001 May 21, 1997 CHAMMAN The Honorable John H. Gibbons Assistant to the President for Science and Technology Executive Office of the President
' Office of Science and Tachnology Policy 17th Street and Pennsylvania Avenue, N.W.
Washington, D.C. 20502
Dear Mr. Gibbons:
I am writing to inform you that the Nuclear Regulatory Commission has approved an amendment to its regulations to establish maximum permissible radiation levels.when a nuclear facility permanently shuts down, is released for other uses, and the license ~is terminated. The new rules will require licensees of permanently shut down facilities to reduce radioactivity to sufficiently low levels to permit the license to be terminated safely. Release of the property may be either unrestricted, in which case it could be used for any purpose, or restricted, so that it could not be used for certain purposes, such as residential housing.
The Commission believes that the new standards are consistent with specific recommendations of both national and international bodies tasked with the oevelopment of guidance for radiation protection; are appropriately based on i risk, cost benefit, and socio-economic standards; provide the needed
, flexibility to accommodate site-specific conditions; and are sufficiently 2
conservative to ensure protection of public health safety and the environment.
A proposed rule on this subject was published for public cc;nment on August 22, 1994. The full text of the final rule and a descriptinr. of the specific changes made as a result of the comments received on the proposed rule, and additional NRC analysis, will be contained in a Federal Register notice to be published soon. We will provide you a copy.
The enclosed press release, affirmation notice, and staff requireunts memorandum describe the final rule in greater detail. If you would like additional information, please do not hesitate to contact me.
Sincerely, b
Enclosures:
As stated
r.,
United States Nuclear Regulatory Commission Office of Public Affairs Washington, DC 20555 Phone 301-415-8200 Fax 301-415-2234 Internettopa@nrc. gov i NO.97-083 FOR IMMEDIATE RELEASE (Wednesday, May 21, 1997) l NRC APPROVES MAXIMUM PERMISSIBLE RADIATION LEVELS FOR LICENSE TERMINATION The Nuclear Regulatory Commission has approved an amendment to its regulations to establish maximum permissible radiation levels when a nuclear facility permanently shuts down, is released for other uses, and the license is terminated.
The new rules will require licensees of permanently shutdown facilities to reduce remaining radioactivity to sufficiently low levels to permit the license to be terminated safely. Release of. l the property may be either:
e Unrestricted, in which case it could be used for any l purpose, or j e Restricted, so that it could not be used for certain i purposes, such as residential housing.
The Commission believes that the new standards are consistent with specific recommendations of both national and international bodies tasked with the development of guidance for radiation protection; are appropriately based on risk, cost-benefit, and socio-economic standards; provide the needed flexibility to accommodate site-specific conditions; and are sufficiently conservative to ensure protection of public health and safety and the environment.
Unrestricted Release Under the new regulations, a site may be released for unrestricted use if the radiation dose from contamination remaining on the property will be as far below 25 millirems per year as is reasonably achievable. (Twenty-five millirems may be compared to a dose of about 5 millirems of background radiation from one round-trip cross-country airline flight; 50 millirems average per year from medical examinations; and 300 millirems per ,
year average in the United States from natural background I radiation.) l l
l
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Restricted Release-I The new regulations permit release of a site for restricted
- use provided that the dose from contamination remaining on site i is as low.as is reasonably achievable and that legally l enforceable institutional controls (such as deed restrictions) will ensure that the dose does not exceed 25 millirems per year.
4 i 'In addition, if a site is released for restricted use, the i licensee must provide financial arrangements to allow an
- independent third party to' assume and carry out responsibilities i for any necessary. control and maintenance of the site.
Further, a licensee that intends to decommission by l restricting use of the site must seek advice--from individuals j and institutions in the community who may be affected by the j- decommissioning--on whether the provisions for institutional
! controls proposed by the licensee (1) will provide reasonable assurance that the radiation dose from contamination remaining on i site will not exceed 25 milliream per year, (2) will be i enforceable, and (3) will not impose undue burdens on the local' community or other affected parties.
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i In obtaining this advice, the licensee must provide for
.t participation by a broad cross-section of community interests, provide an opportunity for a comprehensive discussion on the issues by participants, and make public a summary of the results i of such discussions. ,
i The Commission expects that institutional controls will be I very effective.in keeping doses to levels below 25 millirems per j' year. Nevertheless the Commission has included an additional 4 level of protection in the rule to protect against the situation I where the 25-millirams-per-year level.could be exceeded by requiring that licensees provide reasonable assurance.that, if 1 the institutional controls were no longer in effect, the maximum 5
yearly radiation dose from contamination remaining on site would not exceed 100 millirems per year, and be as low as is reasonably achievable.
Licensees in rare circumstances could also propose that, in the event institutional controls were no longer in effect, the
' residual radioactivity could be as high as 500 millirems per year. However, licensees who propose-to use the 500-millirem criterion must (1) demonstrate that further reductions in remaining radioactivity are not technically achievable, would be prohibitively expensive,-or would result in not public or environmental harm; (2) make -provision for durable institutional controls, such as engineered barriers or government control or ownership; and (3) provide sufficient financial resources to enable an independent third party to carry out periodic rechecks of the site at least every 5 years to make sure that the 2
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institutional controls remain in place, and to assume and carry out responsibilities for any necessary controls and maintenance l of those controls. i Alternate Criteria for License Termination l The Commission expects the vast preponderance of licensees to reduce residual radioacalvity to levels that meet the new criteria for unrestricted or restricted release. However, the Commission is concerned about the possible presence of certain difficult sites that could present unique decommissioning problems.
Because it is preferable to have provisions in the rule to deal with these sites rather than have licensees seek an ,
exemption process outside the rule, the rule contains provisions under which the Commission may terminate a license using alternate criteria, greater than 25 millirems per year, if the licensee provides assurance that public health and safety would ,
continue to be protected, and that it was unlikely that the radiation dose from all potential man-made sources combined would be more than 100 millirems per year. The licensee must also place restrictions on site use to the extent practical and reduce the radiation dose to levels that are as low as reasonably achievable.
The Commission expects the use of alternate criteria to be confined to rare situations. To ensure that this is the case, the Commission is requiring that licensees who propose to use alternate criteria must seek advice or comment from affected parties and, as in the case where restricted release is sought, provide for participation by representatives of a broad cross-section of community interests who may be affected by the decommissioning, an opportunity for a comprehensive, collective discussion on the issues, and a publicly available summary of the results of all such discussions.
In addition, the use of alternate criteria to terminate a license will require the approval of the Commission, after consideration of NRC staff recommendations that address any .
comments provided by the Environmental Protcction Agency and by the public.
Public Input To provide ample opportunities for public comment, when the Commission receives a license termination or decommissioning plan, or a proposal for restricted release of a site or release using alternate criteria, the agency will publish a notice in the Federal Register. In addition, it will provide local notification via a notice in local newspapers, letters to state or local organizations, or other appropriate means. It will also 3
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i' notify the Environmental Protection Agency, appropriate local and state governments and Indian Nations and solicit their commen':s.
Specific additional requirements for public input are described above for the restricted use and alternate criteria !
cases. )i Proposed and Fin.1 Rule )
l A proposed rule on this subject was published for public j comment on August 22, 1994. The full text of the final rule and Q a description of specific changes made as a result of the l comments received on the proposed rule, and additional NRC analysis, will be contained in a Federal Register notice to be published soon. I The Commission did not adopt a separate groundwater {
protection standard, as recommended by the Environmental i Protection Agency. NRC agrees with the need to control exposures ]
from drinking groundwater that is potentially contaminated and !
agrees that the environmental integrity of the nation's groundwater needs to be protected. However, NRC has concluded that protection of public health and safety in the use of this valuable resource is achieved by limiting exposure to persons from all potential pathways of exposure (i.e., radiation from the I ground, eating food from soil or fish from surface water, inhalation of dust, etc.), including the groundwater pathway, to as far below 25 millirems per year as is reasonably achievable and that imposition of a separate standard for groundwater would q not provide any significant enhancement of public health and .
safety and is therefore uanecessary. ]
Yesterday Shirley Ann Jackson, Chairman of the NRC, met with ;
Fred Hansen, Deputy Administrator of the Environmental Protection l Agency (EPA), to discuss the proposed final rule. At that j meeting, she discussed the features of the rule, and NRC's !
position on the adequacy of the 25-millirems-per-year all j pathways standard, the concept of "as low as is reasonably !
achievable" (ALARA) included in the NRC's rule, and the NRC's position that, in light of the all pathways standard and ALARA, there is no need for a separate groundwater standard. Hansen expressed EPA's interest in continuing discussions with NRC i regarding timely notice to EPA of proposed NRC license termination in some specific categories of cases. The Commission has agreed to continue a dialogue with EPA following finalization of the rule.
The new cleanup criteria for decommissioning will not apply to sites already covered by a license termination or decommissioning plan approved previously by the Commission or approved within 24 months of the effective date of the rule (which will be announced in the Federal Register).
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The final rules that the Commission has promulgated will generally apply to most NRC licensees and to most licensees regulated by Agreement States (which are states that have assumed, by mutual agreement, part of the NRC's regulatory authority). An Agreement State may implement more stringent standards if it finds a need to impose such standards for 1ccal conditions.
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i' FOR AFFIRMATION l
i WEDNESDAY, MAY 21,1997
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SUBJECT:
SECY-97-46A - FINAL RULE CNT RADIOLOGICAL. CRITERIA FOR l l LICENSE-TERMINATION
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i The. Commission is being asked to act on a final rule which would l i
revise 10 CFR Part 20 to provide specific radiological criteria i
- 'for the decommissioning of lands and structures at NRC-regulated I facilities .and to estab1'ish a clear and consistent regulatory basis for determining the extent to which lands and structures ,
i must be remediated before decommissioning of a site can be
'- considered complete and the license terminated. The final rule provides for a 25 mrem / year all-pathways dose limit coupled with
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a regoirement to reduce radiological doses resulting from l
residual radioactivity to levels that are as low as reasonably i
j achievable, and the use of alternate criteria'for certain-i difficult sites, subject to' Commission approval and the l- solicitation of comments from the Environmental Protection Agency l and the general public. The rule-would also require licensees i
! proposing to decommission by restricting use of a site or through the use of alternate criteria to provide opportunities for participation by a broad cross section of~ community interests who may be affected by.the decommissioning. The Commission did not adopt a separate groundwater protection standard.
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Commissioners have voted to approve the publication and
!. implementation of this final rule with the specific changes provided in the attached SRM. !
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/J hn C. H6yle Secretary
Attachment:
As stated cc: Chairman Jackson Commissioner Rogers Commissioner Dicus Commissioner Diaz Commissioner McGaffigan EDO OGC
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? #pa %q'o . NITED STATES NUCLE AR REGULATORY COMMISSION IN RESPONSE: PLEASE
$ #g REFER TO: M970521 oc WAsamcTon. c.c 20555-o001 a l
% $ i May 21, 1997 SECRETARY MEMORANDUM TO: L. Joseph Callan Execu ive Director for Operations FROM: John'C 5 /e -
SUBJECT:
STAFF REQUIREMENTS - AFFIRMATION SESSION, 9:30 A.M. WEDNESDAY,.MAY 21, 1997, COMMISSIONERS CONFERENCE ROOM, ONE WHITE FLINT NORTH, ROCKVILLE, MARYLAND (OPEN TO PUBLIC l
ATTENDANCE)
I. SECY 97-046A - FINAL RULE ON RADIOLOGICAL CRITERIA FOR LICENSE TERMINATION The Commission
- approved a final rule which would revice 10 CFR Part 20 to provide specific radiological criteria for the decommissioning of lands and structures at NRC-regulated ;
facilities and to establish a clear and consistent regulatory basis for determining the extent to which lands and structures must be remediated before decommissioning of a site can be considered complete and the license terminated. In reaching its decision to approve the final rule, the Commission addressed the following specific issues:
e Dose Criteria for Release of a Site to Unrestricted Use The Commission adopted a 25 mrem / year all-pathways dose limit coupled with a requirement to reduce radiological doses resulting from residual radioactivity to levels that are as low as reasonably achievable. The Commission believes that these criteria are consistent with the recommendations of national and international bodies tasked with the development of guidance for radiation protection; are appropriately based on risk, cost-benefit, and socio-economic standards; provide the needed flexibility to accommodate site-specific conditions; and are sufficiently conservative to ensure
- Section 201 of the Energy Reorganization Act, 42 U.S.C.
Section 5841, prcvides that action of the Commission shall be determined by a " majority vote of the members present." Commissioner Diaz was not present when this item was affirmed. Accordingly, the formal vote of the Commission was 4-0 in favor of the decision.
Commissioner Diaz, however, had previously indicated that he would approve this paper, and had he been present, he would have affirmed his prior vote.
d7-? s c' , s
~t / N oL3 Qi}R 0 f J.) -
- 9 adequate protection of public health and safety and the environment.
- Separate Groundwater Protection Standard The Commission did not adopt a separate groundwater protection standard as proposed by the Environmental Protection Agency (EPA) because the Commission believes that a separate single pathway standard for groundwater would not provide any significant enhancement of public health and safety and is unnecessary since the NRC final rule's all-pathways standard of 25 mrem / year plus ALARA should ensure adequate protection of public health and safety. Imposition of separate groundwater standards could also have the adverse effect of delaying cleanup and increasing public risk. Moreover, the Commission was not convinced that EPA's separate groundwater maximum contaminant levels were appropriately derived or soundly based from a technical standpoint.
e Alternate Criteria The Commission adopted the NRC staff's recommendation to use alternate criteria for license termination for certain difficult sites since codifying such an approach in the text of the rule is expected to greatly reduce the likelihood that licensees will, seek exemptions from the requirements of the regulation. Nevertheless, the Comnission also approved a revision to section 20.1404 in che text of the final rule to require the NRC staff to obtain Commission approval for each application of the alternative criteria, to solicit comment from EPA during the public comment period required under section 20.1405 of the final rule, and to ensure a more substantive level of public participation. The Commission expects the use of such criteria to be relatively rare. (Specific, Commission-approved changes to section 20.1404 are contained in the attachment to this SRM).
- Public Participation The Commission, in the absence of a provision that requires a Site Specific Advisory Board, which had been included in the proposed rule but not in the final rule, agreed to modify the final rule to require licensees proposing to decommission by restricting use of a site, or through the use of alternate criteria, to provide for participation by a broad cross section of community interests, an opportunity for a comprehensive discussion on the issues by participants, and to make public a summary of the results of such discussions. (Specific, Commission-approved changes to section 20.1403 (d) of the final rule are contained in the attachment to this SRM).
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- Agreement State Compatibility Level The Commission adopted Compatibility Level 2, as proposed by the NRC staff. This will afford the Agreement States flexibility to account for local needs and conditions.
The staff is directed to incorporate the attached specific changes to the fina.'. rule and forward the Federal Register notice to the Office of the Secretary for signature and publication.
(EDO) (SECY Suspense: 6/03/97)
Attachment:
As stated cc: Chairman Jackson Commissioner Rogers Commissioner Dicus Commissioner Dia:
Commissioner McGaffigan OGC OCA OPA OIG Office Directors, Regions, ACRS,ACNW,ASLBP (via E-Mail)
PDR - Advance DCS-P1-17 i
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4 SPECIFIC COMMENTS ON FINAL RULE ON RADIOLOGICAL CRITERIA FOR LICENSE TERMINATION (SECY 97-046A)
- 1. The rule is being completed on an expedited basis, and as a result, guidance documents are not available for Commission review. Since the guidance documents can have a significant impact on how this rule is implemented, the staff should provide all guidance documents to the Commission for review and approval prior to publication no later than February 21, 1998.
- 2. The Statement of Considerations (p. 41) and the text of the rule (p. 122) are inconsistent in describing and defining the term " Critical Group". The staff should resolve the inconsistency and make appropriate changes to the final rule package prior to publication.
- 3. The following changes to section 20.1403 (d) (underlined) should be incorporated in the final rule:
(d) The licensee has ... advice.
IAl Licensees proposing to decommission by restricting use of the site shall seek advice from such affected parties regarding the following matters concerning the proposed decommissioning--
(1) ....
(i) . . . ;
(ii) ...;
(iii) ...;
(2) ...; ;
(B) In seekinc advice on the issues identified in !
Section 20.1403 (d) ( A) the licensee shall orovide i 1
for:
(1) carticioation by reoresentatives of a broad cross section of community interests who.may be affected by the decommissionino: ,
l (2) an opoortunity for a comorehensive, collective discussion on the issues by the particioants reoresented; and (3) a Dublicly available summarv of the results of all such discussions. includino a descriotion of the individual viewooints of the carticipants on the issues and the extent of aareemgit and disaareement amonc the carticipants_.an the issues; and i
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(e) ....
- 4. The following changes.to section 20.1404 (underlined) should j be incorporated in the final rule 20.1404 Alternate criteria for license termination (a) The Commission:may ...
(1) Provides assurance that ...
(2) Has employed ...
(3) Reduced doses to ....
Ibl Licensees oroposina to decommission by use of alternate criteria to terminate a license oursuant to caracraoh (a) of this section shall seek advice from affected carties recardino this accroach. In seekino such advice. the licensee shall orovide for:
(1) carticioation by reoresentatives of a broad cross section of community interests who may be affected by the decommissionino: 1 (2) an occottunity for a comorehensive. I collective discussion on the issues by the )
carticicants reoresented; and l (3) a oublicly available summary of the results of all such discussions. includino a descriotion of the individual viewpoints of the carticipants on the issues and the extent of acreement and disaareement among_
the carticicants on the issues; and Jgl The use of alternate criteria to terminate a license recuires the aporoval of the Commission after consideration of the NRC staff's recommendations that will address any* comments orovided by the Environmental Protection Acency and any oublic comments submitted pursuant to section 20.1405,
- 5. .The following change (underlined) to section 20.1405(a) should be incorporated in the final rule:
(a) Notify and solicit comments from the Environmental Protection Acencv. local and state ....
- 6. Conforming changes to reflect the revisions in 3 and 4 above are needed in other regulations that reference these sections. The staff should also modify the Statement of Considerations accompanying the final rule to indicate that
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o the staff will receive and review public comments gathered by the licensee prior to final NRC action on the licensee's reqacst for license termination. The Statement of Considerations should also describe the other opportunities for NRC interaction with the public on individual site decommissioning applications.
7 The public acnouncement should be modified to include a general discussion of the Commission's position, as described in this SRM, on the 25 mrem /yr limit, groundwater protection, alternate criteria, puLlic participation, and compatibility.
In addition, the announcement should include additional illustrations of an individual s average exposure to typical scarces of radiation (e.g., medical diagnosis at 53 mrem /yr) to provide perspective for the public on the conservatism in the 25 mrem /yr limit.
- 8. A note should be made in the analysis of comments that EPA's MCLs are based upon outmoded modeling that does not reflect current understandings of the uptake and doses resulting from ingestion of radionuclides through drinking water.
- 9. The Regulatory Analysis, on pages 3 and 4, states that the criteria would not apply to sites which have submitted a sufficient license termination plan or decommissioning plan within [6 months after the effective date of the final rule]
and such a plan is approved by NRC within [18 months after the effective date of the final rule). These times are 12 and 24 months respectively in the Federal Reaister. Staff should clarify these times.
- 10. In the GEIS, p.3-3, citation of regulations, categorization of facilities, item 1, it is stated that sealed source users are licensed under Parts 30, 33, and 35, but did not include Parts 34, 36, or 39. In item 2, it cites Parts 30, 33, and 35 in discussion of short-lived byproduct radionuclides, but does not include Part 39 for I-131 use. The GEIS should list ,
all the parts of the regulations, or state " licensed pursuant to Part 30" (such as in sections 30.31 and 30.34)
- 11. The Commission is aware that there are paculiarities in the l models used for site release in that there is area dependence :
l in the dose calculations. The NRC staff should develop comprehensive guidance on how previously released portions of licensed sites may need to be revisited to ,
address this issue. The Federal Register notice should be i revised to make clear such consideration may be necessary.
- 12. The guidance the staff develops to implement the public participation provisions in sections 20.1403(d) and 20.1404 (b) of the final rule should include criteria for establishing and using Site Specific Advisory Boards (SSABs)
The criteria should be such that the expected starting point in providing an opportunity for public participation would be
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the establishment of an SSAB; however, the criteria should delineate those situations in which an SSAB would not be appropriate.
- 13. Prior to submitting the text of the final rule to the Federal Register, section F.6.3 of the Statement of Considerations should be revised to augment the basis for the Commission's decision with respect to radon.
- 14. The scope of the f4 :a1 rule should be revised to exclude facilities that are currently subject to Appendix A to 10 CFR Part 40. The Commission has considered the difficulties associated with the decommissioning of these unique facilities, some of which are also subject to EPA standards under UMTRCA, and is concerned that the complexities of this issue may have been overshadowed by other provisions of the rule. The,refore, the Commission believes that this aspect of the rule warrants additional consideration by the NRC and the affected parties. Without prejudice to the approach described in SECY 97-046A and on an expedited basis, the staff should develop a rule which addresses license termination for these facilities. In the interim, the staff should continue its current practice for decommissioning uranium and thorium mills and in-situ leach facilities.
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