ML20154E652
| ML20154E652 | |
| Person / Time | |
|---|---|
| Issue date: | 09/30/1998 |
| From: | Suppes R NRC |
| To: | Lohaus P NRC OFFICE OF STATE PROGRAMS (OSP) |
| References | |
| NUDOCS 9810080256 | |
| Download: ML20154E652 (2) | |
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,,Oct-01-98 10:35A P.01 f L8' pHL ScD MEMORANDUM gg September 30,1998 TO:
Paul Lohaus, Deputy Director, Of6ce of State Programs FROM:
Roger I,. Suppes, Chief, Bureau of Radiation Pmtection, Ohio Department of Heal
SUBJECT:
Application of decomminioning rule in Ohio I am writing in regard to how Ohio will approach decommissioning and license termination of NRC-licensed facilities that are located in Ohio.
1.
Facilities that are decommissioned with a nian annroved nursuant to Subnart E of 10 CFR 20.
Pursuant to Paragraph (K) of draft OAC 3701-39-021,"In accordance with 10 CFR20.1401 (B)
(3), the Director will approve a decommissioning plan submitted and approved by the Commission on or before the efrective date of any agreement with the state of Ohio pursuant to Section 274(B)of the ' Atomic Energy Act'." This paragraph also provides that " Any facility that has been decommissioned and has had the license tenninated in accordance with the plan approved by the Commission on or before the date of any agreement...will not he required to obtain a license or conduct further clean-up unless the Director determines that residual radioactivity at the site could result in a signiGcant threat to public health and safety."
Furthermore, pursuant to RC 3748.03(C), if the Commission has approved a decommissioning plan pursuant to Subpart E prior to the effective date of an agreement with Ohio that is part of a facility's license, the director will accept that license as an Ohio license and the decommissioning / license termination will proceed pursuant to the NRC-approved plan.
2.
Facilities that have an annroved decommissionina nian and are proceedine with the nlan that may not be comotete when Ohio becomes an acreement state.
Facilitie.s in this category have approved decommissioning plans that were incorporated into their license as a condition prior to Subpart E being adopted. For these types of facilities. Ohio would apply RC 3748.03(C) which provides in part that "Any person who,on the effective date of an agreement entered into by the state and commission pursuant to Sections ( A) and (B) of this section holds a license issued by the commission for radioactive materials that are subject to this agreement is deemed to have a license issued under this chapter (Revised Code Chapter 3748) and rules adopted under it." In accordance with this provision oflaw Ohio is required to accept any NRC license along with conditions and amendments that are part of the license on the effective date of the agreement. Therefore, a decommissioning plan that is in place for an NRC licensee will be followed here in Ohio and the facility would be decommissioned pursuant to the requirements of that license. To the extent that a license issued by NRC has language that indicates that the license will be terminated upon demonstration of compliance with the provisions of the commission-approved decommissioning plan, the Ohio Department of Health l
will be compelled to accept and terminate the license without a possession-only license as directed by RC 3748.03(C).
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Facilities that have an acoroved decommissionine olan and are subiect tol O Cl:R 20.1401(BX l t or (B W2K These facilities are all in the process of decommissioning and have or will have decommissioning plans approved by the Commission prior to the efrective date of an agreement with Ohio. As with facilities that were mentioned in the second category, Ohio would apply RC 3748.03(C) so that these facilities would be deemed to have an Ohio license and the decommissioning would proceed in accordance with the approved plan and license termination would occur in accordance with the commission-approved plan. To the extent that a license issued by NRC has language that indicates that the license will be terminated upon demonstration ofcompliance with the provisions of the commission-approved decommissioning plan, the Ohio Department of Ilealth will be compelled to accept and terminate the license without a possession-only license as directed by RC 3748.03(C).
l Ohio's guidance will be clarified to provide that no further action will be required of a previous NRC licensee that is deemed to be an Ohio licensee in accordance with RC 3748.03(C) that has an NRC-approved decommissioning plan that requires license termination upon demonstration of compliance with the criteria unless the Director determines that a significant public health and safety problem has been identified.
If you have any further questions regarding the application of Ohio's decommissionmg rule, please contact me at 614 644-2727.
Cf:
Ruth Vandegrift Carol Ray, Office of Legal Counsel l
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