ML20202C914
| ML20202C914 | |
| Person / Time | |
|---|---|
| Issue date: | 01/13/1999 |
| From: | Lohaus P NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Flater D IOWA, STATE OF |
| Shared Package | |
| ML20202C917 | List: |
| References | |
| AL-96-05, AL-96-5, NUDOCS 9902010210 | |
| Download: ML20202C914 (10) | |
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NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 20015 0001
,,j/ January 13, 1999 Mr. Donald A. Flater, Chief Bureau of Radiological Health lowa Department of Public Health Lucas State Office Building 321 East 12" Street Des Moines, lA 50319-0075
Dear Mr. Flater:
I am responding to your August 21,1998 letter regarding the applicability of the draft decommissioning guidance associated with Subpart E to 10 CFR Part 20.
The first question you raised deals with the standards applicable to a licensee that continues to operate, but has buildings or land whica they propose to release for unrestricted use. The standards applicable here are detailed in Subpart E of 10 CFR Part 20. Specifically,10 CFR 20.1402 utilizes 25 mrem (0.25 mSv) TEDE to an average member of a critical group. The draft guides described in your letter or other methods may be used to demonstrate compliance with the standard, however, the standard remains the same. Additional guidance on timeliness in decommissioning of specific buildings or land is provided in NRC Administrative Letter 96-05, Revision 1 (enclosed).
Under Subpart E of 10 CFR Part 20, licensees may release portions of a site for unrestricted use before the license for the entire site is terminated. However, upon license termination, licensees must ensure that the total dose from the entire site (including the dose from parcels released prior to finallicense termination) does not exceed the criteria in the regulations. As such, if a licensee seeks to release a portion of the site early, it should conduct its evaluation with future license termination in mind. If the part of the site released would contribute a significant fraction of the 25 mrem, t.sen it will have to be re-evaluated as part of the entire site when license termination is requested. Therefore, a portion should not be released if it would cause a problem later on for license termination.
Your second question relates to wi.at standards apply to a facility with residual radioactivity that must be removed and no license has ever been issued. The rule does not apply to unlicensed sites. Therefore, while the criteria can be applied, a site which does not meet the criteria can be released under alternative criteria that NRC or the Agreement State would determine to be reasonable on a case-by-case basis. As a separate matter, the licensing agency will have to determine whether to require a license for the site. If this is required, then the Decommissioning Rule would apply.
Your third question relates to whether or not NRC plans to revisit those sites decommissioned utilizing the draft guidance, once the final guidance is implemented. We would not revisit
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.o o Donald A. Flater -2 #N 13 m released sites determined to comply with the rule under interim guidance, unless as stated in 10 CFR 20.1401 (c), a significant threat to public health and safety exists.
1 i hope that we have adequately addressed your concems on this matter.
S' rely,
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% CW haul H. Loha s. DAWy Director Office of State Programs L
Enclosure:
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, Dontid A. Flat:r JAN I 31999 l l
I released sites determined to comply with the rule under interim guidance, unless as stated in l 10 CFR 20.1401 (c), a significant threat to public health and safety exists.
l I hope that we have adequately addressed your concerns on this matter. '
1 Sincerely, i OriginalSigned Br. j PAULH.LOHAUS !
Paul H. Lohaus, Deputy Director i Office of State Programs j
Enclosure:
As stated l
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UNITED STATES U
l NUCLEAR REGULATORY COMMISSION l
$ ' OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS l 3 WASHINGTON, D.C. 20555-0001 l
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July 14,1998 !
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- NRC ADMINISTRATIVE LETTER 96-05, REVISION 1
- COMPLIANCE WITH THE RULE
- " TIMELINESS IN l
DECOMMISSIONING OF MATERIAL FACILITIES" Addressees All material and fuel cycle licensees.
Purnose . -
l The U.S. Nuclear Regulatory Commission (NRC) is issuing this administrative letter to inform addressees of their responsibility to comply with the requirements of the Rule, " Timeliness in Decommissioning of Material Facilities"(59 FR 36026-36040, July 15,1994). This administrative letter highlights applicable compliance dates for many licensees
' (August 15,1996, September 15,1996, and October 15,1996) and does not transmit any new requirements or staff positions. No specific action or written response is required.
Raskground The previously published Administrative Letter on the Timeliness Rule, dated November 5, 1996, is being re-issued as Revision 1 to incorporate three changes. The first change in this new version is the deletion of Paragraph 2 of Section 2,
- DECOMMISSIONING PLAN REQUIREMENTS
- of Attachment 1. This paragraph stated that: "The decommissioning work scope at a limited number of sites may necessitate the preparation of an Environmental Impact 1 Statement (EIS) per 10 CFR 51.20, as required by the National Environmental Policy Act of 1969. The extensive analyses essential for the preparation of an EIS can result in an unavoidable delay in the submittal of a decommissioning plan, because it would not be prudent to develop a decommissioning plan until the EIS is completed and a record of decision has been issued by the Commission. The licensee is still required to submit a request for an attemative schedule for submittal of the decommissioning plan, however, which must justify the delay.
However, the staff has recently determined that it is inappropriate to prepare an EIS unless e formal request for a licensing action is before the NRC. Thus, the NRC staff will refrain from !
preparing any EIS until the licensee has submitted a formallicense amendment request. This request should follow the provisions of the recently promulgated license termination criteria rule l which allows licensees to follow one of several different approaches to decommissionag (see !
e.g.,10 CFR $$ 20.1401(b),20.1402,20.1403, and 20.1404.)
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AL 96-05, Rev.1 July 14,1998 Page 2 of 3 The second change is a revision to clarify that the decommissioning plan should be submitted in conjunction with a request to amend the license to approve the plan.
l The third change modifies Attachment 1 to clarify how the Timeliness Rule applies to " storage-only" or " possession-only" licensees.
The Rule," Timeliness in Decommissioning of Material Facilities" (known hereafter as Timeliness Rule) amended 10 CFR Parts 2,30,40,70, and 72, and established definitive criteria for timely decommissioning upon termination of operations. The Timeliness Rule establishes requirements for notifying the NRC of pending decommissioning actions and cessations in licensee operations, establishes requirements for when decommissioning plans need to be submitted, and establishes requirements for completing decommissioning activities.
The regulations also allow licensees to request relief from the timing requirements where justified.
The Timeliness Rule applies to decommissioning of the entire site at the end of alllicensed activities at the site (i.e.,"end-of-license" decommissioning) as well as of separate buildings and outdoor areas (including inactive burial grounds) where licensed activities have ceased (i.e., "end-of-use") while licensed activities continue to be conducted at other site locations.
Section 5.2 of Attachment 1 contains a discussion on the applicability of the Timeliness Rule to inactive burial grounds.
The purpose of the Timeliness Rule is to avoid future problems and reduce potential risk, to the ;
public and environment, that may result from delayed decommissioning of inactive facilities and sites. Specific concems that prompted the decommissioning Timeliness Rule include the potential risk of safety practices becoming lax because of attrition of key personnel, and lack of management interest at facilities once operations cease, as well as the potential for bankruptcy, corporate takeover, or other unforeseen changes, in a . company's financial status, that may complicate or delay decommissioning.
NRC is issuing this letter to ensure that licensees are aware of their responsibilities, under the ,i I
Timeliness Rule, and are aware of methods of fulfilling their responsibilities, that NRC finds acceptable.
Discussion The decommissioning and timeliness criteria apply to certain situations where: (1) the licensee has decided to permanently cease principal activities at the entire site, or at any separate ij building or outdoor area; or (2) no principal activities have been conducted in such areas for a period of 24 months. Further, the criteria apply to alllicensees for whom the authorization to perform licensed activities has expired or been revoked.
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, AL 96-05, Rev.1 l
July 14,1998 i Page 3 of 3 l i
Attachment 1 to this letter provides a discussion of the Timeliness Rule requirements and addresses special cases, including possession-only licenses, onsite disposals, broad-scope licenses, uranium and thorium milling, and temporary job sites. Flowcharts to assist in determining compliance with the Timeliness Rule are provided as Attachments 2,3, and 4.
However, because of the wide variability in licensing situations covered by this rule, the l attachments should not be considered all-inclusive. This administrative letter requires no specific action nor written response. If you have any questions about this letter, please contact the Division of Waste Management staff person listed below, or the appropriate Regional Office.
1 74a &&
l- Michael F. Weber, Deputy Director Division of Waste Management Office of Nuclear Material Safety and Safeguards
Contact:
John T. Buckley, NMSS 301-415-6607 E-mail: jtb@nrc. gov Attachments:
- 1. Summary of Timeliness Rule Requirements
- 2. Compliance with Decommissioning - Timeliness Rule, Case 1
- 3. Compliance with Decommissioning - Timeliness Rule, Case 2
- 4. Compliance with Decommissioning - Timeliness Rule, Case 3 l 5. List of Recently issued NRC Administrative Letters
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. Attachment 1 AL 96-05, Rev.1 July 14,1998
. Page 1 of 5 l
l
SUMMARY
OF TIMELINESS RULE REQUIREMENTS 1.0 INITIATION OF THE DECOMMISSIONING PROCESS There are three occurrences that lead to the requirement for licensees to notify the l U.S. Nuclear Regulatory Commission (NRC) and to initiate the decommissioning process.
L These occurrences are:
(1) The license to conduct a principal activity has expired or been revoked. (A principal activity i
is one that is essential to achieving the purpose for which a license was issued or amended.
Storage, during which no licensed material is accessed for use or disposal, and activities incidental to decontamination or decommissioning are not principal activities).
l l (2) The licensee has made the decision to permanently cease principal activities, at the entire site, or in any separate building or outdoor area that contains residual radioactivity such that the building or outdoor area is unsuitable for release in accordance with NRC '
requirements, including inactive burial grounds (land used for waste disposal under 10 CFR 20.302,20.304, or the current 20.2002).
(3) There has been a 24-month duration in which no principal activities have been conducted l under the license (regardless of the level of contamination), or at any separate building or outdoor area (including inactive burial grounds) that is unsuitable for release in accordance with NRC requirements.
The licensee must provide written notification to NRC, per 10 CFR 30.36,40.42,70.38, and 72.54, within 60 days of the occurrence of any of the above. When a decommissioning plan is required, the written notification serves to initiate the decommissioning process and decommissioning must begin upon approval of the decommissioning plan. If no decommissioning plan is needed, the licensee is to begin decommissioning within the 60-day notification period. The licensee may request to delay initiation of the decommissioning l
process. This request must be provided to the NRC within 30 days of the occurrence of any of the above and contain justification for the proposed delay. Per 10 CFR 30.36(f),40.42(f),
70.38(f), and 72.54(f)(1), NRC may grant a request to delay or postpone initiation of the decommissioning process if the Commission determines that the relief is not detrimental to the public health and safety and is otherwise in the public interest. The decommissioning process is not initiated until NRC makes a determination on the request.
If there are multiple licenses at a site, the requirements of the Timeliness Rule apply to each individual license. In situations where a license has expired, but principal activities will continue
' under other licenses in the same building or outdoor area, the licensee would need to submit an attemative schedule request to delay decommissioning until all licensed activities are terminated in that building or outdoor area. NRC may find this delay acceptabie provided that the radioactive material from the expired license is not significantly migrating, the licensee has sufficient financial assurance for decommissioning, and adequate controls are in place to !
ensure protection of the public and the environment.
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Attachment 1 AL 96-05, Rev.1 l July 14,1998 Page 2 of 5 if there are multiple activities authorized under the same license, the requirements of the Timeliness Rule apply to the license and not each individual activity, provided all licensed activities occur in the same separate building or outdoor area.
The effective date of the Timeliness Rule was August 15,1994. If principal activities ceased cnd written notification was made to NRC before the effective date of the Timeliness Rule, then August 15,1994, is considered to be the date for initiating the decommissioning process (date of notification), and no additional notification is required from the licensee. If principal activities '
ceased before the effective date of the Timeliness Rule, but no written notification was submitted to the NRC, then the 24-month period of inactivity is considered to begin on !
August 15,1994, and the licensee should have provided wntten notification to NRC by October 15,1996. Any licensee that decided to permanently cease principal activities after August 15,1994, should have notified NRC within 60 days of the decision. If a licensee has missed one of these notification deadlines, it should immediately notify the appropriate NRC regional office. -
2.0 DECOMMISSIONING PLAN REQUIREMENTS If the licensee is required to submit a decommissioning plan per license condition or per 10 CFR 72.54,30.36(g),40.42(g), or 70.38(g), then the plan must be submitted to NRC within -
12 months of the notification date, unless the licensee has submitted an attemate schedule request. Per 10 CFR 30.36(g)(2),40.42(g)(2),70.38(g)(2), and 72.54(f)(2), NRC may approve .
En altemate schedule for the initiation of decommissioning, and thus for submittal of a i
dIcommissioning plan, if it determines that the attemative schedule is necessary to the effective conduct of decommissioning operations and presents no undue risk from radiation to public health and safety and is otherwise in the public interest. The decommissioning process is not initiated until NRC makes a determination on the request.' '
in addition, a site may require complex characterization, before a decommissioning plan can be prepared, and a licensee may not be able to meet the requirement for submittal within 12 months of notification. This situation would therefore be used as justification by the licensee when requesting an attemative schedule for submittal of the decommissioning plan.
3.0 DECOMMISSIONING SCHEDULE REQUIREMENTS if the licensee is required to submit a decommissioning plan, then decommissioning must be initiated upon NRC approval of the plan. Decommissioning must be completed, including the submsttal of a complete final survey report, and a request for license termination submitted as 9
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Attachment 1 AL 96-05, Rev.1 July 14,1998 Page 3 of 5 soon as practicable but no later than 24 months after the initiation of decommissioning, unless a delay or postponement has been requested by the licensee and granted by NRC. (Note: The fee schedule for NRC review of decommissioning plans is presented in 10 CFR 170.31.)
Decommissioning by a licensee not required to submit a decommissioning plan must also be completed and a request for license termination submited within 24 months of the initiation of decommissioning, unless a delay or postponement has been requested by the licensee and granted by NRC.
NRC may approve a request for an attemative schedule for the completion of decommissioning of the site or separate building or outdoor area, if it determines the attemative is warranted by consideration of: technological feasibility; existing waste disposal capacity; potential waste volume reduction; or reduction in worker radiation exposure; by allowing decay of short-lived radionuclides. Additionally, other site-specific factors that may be taken into consideration include: regulatory requirements of other govemment agencies; lawsuits; groundwater treatment activities; monitored natural ground-water restoration; actions that could result in more environmental harm than deferred cleanup; and other factors beyond the control of the licensee.
4.0 COMPLETION OF THE DECOMMISSIONING PROCESS As the final step in decommissioning, the licensee shall certify the disposition of all licensed material, including accumulated wastes, and conduct a radiation survey of the premises where the licensed activities were carried out and submit a report of the results of this survey or demonstrate that the premises are suitable for release in some other manner. This information must be submitted within the 24-month period after notification or approval of the decommissioning plan, if required, unless an attemate schedule has been approved. Specific licenses, including expired licenses, will be termipated by written notice to the licensee when the Commission determines that radioactive material has been property disposed of, reasonable effort has been made to eliminate residual radioactive contamination, and a radiation survey has been performed, or other information is submitted, by the licensee, that demonstrates that the premises are suitable for release in accordance with NRC requirements.
5.0 APPLICATION OF THE TIMELINESS RULE TO SPECIAL CASES 5.1 Storage Only Licenses There are two diffe' rent types of licenses where the authorized activity is " storage only":
(1) Storage historically was D01 a principal activity of the licensee, but rather has been authorized as a result of some hindrance or preference regarding the transfer or disposal of the material. Storage under these circumstances is not a " principal activity" as defined in 10 CFR 30.4. Therefore, the requirements to notify NRC and undertake decommissioning in 10 CFR 30.36(d)(2)-(4) are nQi applicable because NRC does not consider there to be any principal activity for the licensee to cease. For these licensees, any decommissioning issues will be addressed by NRC when the license comes up for rerswal.
- - - - ~ - - , - - - ...- - . - - - - - - . . - . . - __-
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AttachmInt 1
, AL 96-05, Rev.1 July 14,1998 Page 4 of 5 (2) Storage of material historically has been the principal activity conducted by the licensee who did not engage in the activity that produced or used the material in storage (e.g., spent fuel storage under 10 CFR Part 72). In such cases, storage should be treated as the principal activity under the license. Thus, the notification and decommissioning requirements in 10 CFR 30.36(d)(2)-(4) would apply, but would be applicable only if the licensee ceases storage (i.e.,
transfers the material).
5.2 On-Site Disposals Disposal sites approved under former 10 CFR 20.304,20.302 and the current 20.2002 at facilities licensed under 10 CFR Parts 30,40,70, and 72 are required to comply with the requirements of the Timeliness Rule. Licensees with burial sites closed and unused since August 15,1994, were required to notify NRC no later than October 15,1996, that they had an outdoor area unused for the last 24 months. Licensees will then need to demonstrate the acceptability of the burial sites or begin remediating the sites. For additional information regarding compliance for on-site disposals see NRC Information Notice No. 96-47, entitled,
" Record Keeping, Decommissioning Notifications for Disposals Authorized Under Former 10 CFR 20.304,20.302, and Current 20.2002." NRC is implementing the Timeliness Rule to burial sites in conjunction with the license termination rule (Subject E,10 CFR Part 20; '
July 1997,62 FR 39058-39092).
5.3 Broad-Scoon i leam f The requirements of the Timeliness Rule apply to broad-scope licensees regulated by
.10 CFR Part 33, " Specific Licenses of Broad Scope for Byproduct Material." The permanent cessation of principal activities in an individual room or laboratory may require the licensee to notify NRC if no other licensed activities are being performed in the building. Licensees should note even if licensed activities are being performed in otlyer parts of the building that, they are required to keep lists of restricted (and formerly restricte#) areas pursuant to 10 CFR~
30.35(g)(3). Inspectors will review these lists to identify individual rooms that have been released, and verify that the rooms have been properly decommissioned.
5.4 Uranium and Thorium Milling 10 CFR 40.42(l) incorrectly states that uranium and thorium milling are exempt from 10 CFR 40.42(f) and 40.42(g) with respect to reclamation of tailings impoundments and/or waste disposal areas. These references should actually be 10 CFR 40.42(g) and 40.42(h),
respectively. Conforming changes to the rule will be used to correct these typographical errors.
Per 10 CFR 40.42(l), specific licenses for uranium and thorium milling are exempt from the .
provisions in the Timeliness Rule in: 10 CFR 40.42(d)(4), for the 24-month period of inactivity; 10 CFR 40.42(g), for the content cf the decommissioning plan; and 10 CFR 40.42(h), for the timing of completion of the plan, with respect to the reclamation of tailings impoundments cnd/or disposal areas. The Timeliness Rule applies to the buildings and onsite areas other than the impoundment.
l Attachment 1 6 AL 96-05, Rev.1 July 14,1998 Page 5 of 5 5.5 Temporary Job Sites The Timeliness Rule applies to licensees who conduct licensed activities at temporary job sites (e.g., reactor component repair service; well logging; radiography; portable gauge use; mobile nuclear medicine service; field flood studies) and are licensed pursuant to 10 CFR Parts 30,40, -
and 70. The rule also applies to Agreement State licensees conducting licensed activities at temporary job sites pursuant to the provisions for reciprocity in 10 CFR Part 150. Generally, operations conducted at temporary job sites do not result in site contamination and all radioactive materials are required to be removed at the completion of the licensed work. l Hence, such operations, conducted in compliance with NRC regulations and license conditions, l do not typically involve site decommissioning and, therefore, the Timeliness Rule provisions will i not apply. ,
Further, NRC or Agreement State licensees conducting licensed activities at temporary job sites are not expected to notify NRC upon release of each job site under normal operations. These licensees are, however, expected to comply with applicable notification requirements, if significant contamination does occur (e.g.,10 CFR 30.50 and 39.77). In case of site contamination, decommissioning may be required and compliance with the Timeliness Rule may be applicable. Such occurrences will, in general, be reviewed on a case-by-case basis.
6.0 ENFORCEMENT Failure to comply with the Timeliness Rule may be classified as a Severity Level ill violation and may result in consideration of monetary civil penalties or other enforcement action, as appropriate. Examples of noncompliance are: failure to notify NRC as required by regulation or license condition; failure to meet decommissioning' standards; failure to complete decommissioning activities in accordance with regulation or license condition; and failure to meet required schedules without adequate justification. NRC's enforcement policies are described in NUREG-1600, Rev 1, " General Statement of Policy and Procedures for NRC Enforcement Actions," published in May,1998.
Licensees currently out of compliance should take immediate corrective actions. For guidance on corrective action, see Information Notice 96-28, " Suggested Guidance Related to Development and Implementation of Corrective Action," dated May 1,1996.
,, i ATTACHMENT 2 AL 96-05, Rev. 1 July 14,1998 Page 1 of 1 COMPLIANCE WITH DECOMMISEl0NING TIMELINESS RULE, CASE 1 Has licensee authorization to conduct a principal activity expired or been revoked?
f YES u
Did bconsee notifyNRC within m DNsee request anernate 60 dsys of occunence? -
schedule forinitiation of the NO decommissioning process? NO YES YES u u Date forinitiation of Did licensee notify NRC decommissioningis date of Did licensee subm" request
' NO before effective date of the . andjustificabon within 30 days %
nobfication to NRC.
Timeliness Rule (8/15S4)? of occurrence? NO YES YES u
8/15/94 is date for initiation of decommissioning.
No additionalnotificabon is required.
ir u u is licensee required to submit a decommissioning plan NO per 10 CFR Part 72,30.36(g),40.42(g), or 70.33(g)?
YES 3 r Did licensee subm:t decom.
plan within 12 months of -
notification orin acccid.uice NO '
with attemative schedule?
YES 1 r Was decommissioning completed within 24 months of NRC Decommissioning -
Plan approvalorin '
NO accordance with sitemate decs,T T.issioning schedule?
v YES Was decommissioning .
completed within 24 months f. g Was postponement of notification? NO requested bylicensee and %
granted by NRC? NO YES YES u
f IN l
COMPUANCE C OUT OF COMPLtANCE
1
ATTACHMENT 3 AL 96-05, Rev. 1 July 14,1998
' Page 1 of 1 COMPLIANCE WITH DECOMMISSIONING TIMELINESS RULE, CASE 2 Has the licensee made the decision to permanently cease principal activities at the site or at any separate building or outdoor area, including active burial grounds?
YES
, r Didlicensee request alternate Didlicensee notify NRC within m schedule for initiation of the 60 days of occurrence? NO' decommissioning process? NO YES YES ir 1r Didlicensee notify NRC Did licensee submit request '
Date forinitiation of andjustification within 30 days %
decommissioning is date of 4 before effective date of the NO of occurrence? NO notification to NRC. Timeliness Rufe (8/15/94)? ,
YES YES .
i r 8/15/94 is date for initiation of decommissioning.
No additional notificat.on is required.
,r ir ir is licensee required to submit a decommissioning plan per 10 CFR Part 72,30.36(g),40.42(g), or 70.38(g)?
NO YES 1r Did licensee submit decom.
plan within 12 months of . y notification orin accordance NO with attemative schedule?
YES ir .
Was decommissioning completed within 24 months -
of NRC Decommissioning '
Plan approval orin NO accordance with attemate decommissioning schedule?
ir YES Was decommissioning Was postponement f g > requested by licensee and -+
completed within 24 months granted by NRC7 NO of notifica0on? NO YES YES ir ir IN OUT OF COMPLIANCE COMPLIANCE r (
- i L
,'. ATTACHMENT 4 AL 96-05 Rev.1 July 14 1998 l Page 1 ol 1 l
. i COMPLIANCE WITH DECOMMISSIONING TIMELINESS RULE, CASE 3 ;
Has there been a 24-Month duration in which no principal activities were conducted under license at the site or any separate building or outdoor area, including inactive burial grounds? ;
YES i r 24-Month period of inactivity Did principal activities cease 24-Month period ofinactivity begins with cessation of before effective date of 5 begins on 8/15/94.
principal activities. - NO Timeliness Rule (8/15/94)? YES I I 1 r 1 r 1 r Did licensee notify NRC Did licensee request to within 60 days of ending 24 O delay initiation of the -
Month period of inactivity? NO decommissioning process? NO YES YES i r Did licensee submit request and justification within 30 i days of ending 24-Month period of inactivity? NO !
lYES
,r t is licensee required to submit a decommissioning plan NO per 10 CFR Part 72,30.36(g),40.42(g), or 70.38(g)? l YES 1r .
Did licensee r.ubmit decorh.
plan within 12 months or :
request attemative seedule? NO YES 1 r Was decommissioning completed within 24 months of NRC Decommissioning -
Plan approval or in NO -
accordance with altemate decommissioning schedule?
i r YES Was decommissioning Was postponement f g : requested bylicensee and %
completed within24 months of notfication? NO granted by NRC? NO YES YES 1 r i r IN OUT OF COMPLlANCE C COMPLIANCE
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- Attachment 5 AL 96-05, Rev.1 July 14,1998 Page 1 of 1 LIST OF RECENTLY ISSUED NRC ADMINISTRATIVE LETTERS Administrative Date of Letter No. Subject issuance issued to 98-03 Operating Reactor Licensing 5/56/98 All power reactorlicensees Action Estimates 98-02 Revision of Event Reporting 03/17/98 All holders of operating Guidelines for Power Reactors licenses for nuclear reactors 98 01 Maintenance Rule Information 02/20/98 , All holders of operating licenses Available on the NRC Home Page for nuclear reactors.
97-04 NRC Staff Approval for 09/30/97 All holders of operating Changes to 10 CFR, licenses for nuclear power Part 50, Appendix H, reactors except those who have Reactor Vessel Surveillance permanently ceased operations Specimen Withdrawal Schedules and have certifed that fuel has been permanently removed from the reactor vessel 97-03 Plant Restart Discussions 03/28/97 All holders of OLs or cps Following Natural Disasters for nuclear power reactors 97-02 Elimination of National 03/06/97 All holders of OLs or cps Examination Schedule for for nuclear power reactors Operator Licensing 97-01 State Initiatives to 01/17/97 All holders of OLs or Legalize Schedule 1 for nuclear power reachrs Drugs and alllicensees authorized to possess or transport Category 1 nuclear material 96-05 Compliance with the 11/05/96 All material and fuel Rule " Timeliness in cycle licensees Decommissioning of Material Facilities" OL a Operating License CP n Construction Permit I _
' Donald A. Flater i l
l released sites determined to comply with the rule under interi guidance, unless as stated in i 10 CFR 20.1401 (c), a significant threat to public health and ety exists.
I hope that we have adequately addressed your concems on t. is matter.
Sincerely Richard . Bangart, Director Office of State Programs
Enclosure:
As stated l
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~
Donald A. Flat:r .
i released sites determined to comply with the rule under int im guidance, unless as stated in 10 CFR 20.1401 (c), a significant threat to public health an safety exists. ;
I hope that we have adequately addressed your corcerns n this matter. l Sincer fy, l 1
Richard L. Bangart, Director Offic of State Programs
Enclosure:
As stated Distributio_n:
DlR RF (BS280)
SDroggitis DCD (SP07)(
PDR (YES__ ._ NO )
JHickey, DWiNNMSS lowa File DOCUMENT NAME: G:\ LAB \FLATER1.WPD *See previous concurrence.
Turse've e e=v o' mis oaeumenunoire,' in m , t>or c c*v -mou, enaewme ve,cmu , e . ggev we ensenment'ene%u , w - wo ewv OFFICE OSP OSP:DD / DWM:D l OGC l OSP:D NAME LABolling:nb:kk:nb PHLohaus JGreeves FXCameron RLBangart DATE 11/09/98* 11/09/98* 12/ /98 f O~
T/99 01/ /99 12/03/98* 12/04/98*
1 12/23/98*
! ,; Donald A. Flat:r ,l' l
l released sites determined to comply with the rule under in erim guidance, unless as stated in
' 10 CFR 20.1401 (c), a significant threat to public health and safety exists.
l .
I hope that we have adequately addressed your concern on this matter.
Sincerely, Ric ard L. Bangart, Director Offipe of State Programs
Enclosure:
As stated -
i I
l i
j I
Distribution. ,
DIR RF (8S280) !
(YES_ NO
) ;
lowa File 1 DOCUMENT NAME: G:\ LAB \FLATER1.WPD
". m . , .e e- - -
w a %m c . cmv ~ -- ,,. -c..m;_a. c.c v n c ;,..,u.,2_a. c.Sowo, OFFICE OSP OSP:DQ
/] l DWM:D l OGC OSP:D l l NAME LABolling:nb:kk:nb PHLohausQ 3% JGreeves FXCameron RLBangart DATE~ 11/09/98* 11/09 98* 1 12/ /98 12/ /98 12/ /98 12/03/98* 12/2998
,i l
. . Mr. Donild A. Flit:r, Chi:f i Bur =u of R:diological H=lth j lowa D:partm:nt of Public H:alth i Lucas State Office Building i 321 East 12'" Street Des Moines, IA 50319-0075 \
\
Dear Mr. Flater:
j i
I am responding to your August 21,1998 letter regarding the applicability of the draft decommissioning guidance associated with Subpart E to 10 CFR Part 20.
6 The first question you raised deals with the standards applicable to a licensee that continues to operate, but has buildings or land which they propose to release for unrestricted use. The standards applicable here are detailed in Subpart E of 10 CFR Part 20. Specifically,10 CFR 20.1402 utilizes 25 mrem (0.25 mSv) TEDE to an average member of a critical group. The draft guides described in your letter or other methods may be used to demonstrate compliance with the standard, however, the standard remains the same. Additional guidance on timeliness in decommissioning of specific buildings or land is provided in NRC Administrative Letter 96-05, Revision 1 (enclosed). 1 i
If part of a site is to be released, it should be evaluat'ed with future license termination in mind.
If the part of the site released would contribute a significant fraction of the 25 mrem, then it will have to be re-evaluated as part of the entire site when license termination is requested.
Therefore, a portion should not be released if it would cause a problem later on for license termination.
l Your second question relates to what standards apply 't o a facility with residual radioactivity that must be removed and no license has ever been issued The rule does not apply to unlicensed sites. Therefore, while the criteria can be applied, a site which does not meet the criteria can be released under alternative criteria that NRC or the Agreement State would determine to be reasonable on a case-by-case basis. As a separate matter, the licensing agency will have to determine whether to require a license for the site. If this is required, then the Decommissioning Rule would apply. j t
Your third question relates to whether or not NRC plans to revisit those sites decommissioned utilizing the draft guidance, once the final guidance is implemented. We would not revisit released sites determined to comply with the rule under interim guidance, unless as stated in 10 CFR 20.1401 (c), a significant threat to public health and safety exists.
\
l hope that we have adequately addressed your concerns on this matter.
\
Sincerely,
\
\
Richard L Bangart, Director Office of State Programs
\
Enclosure:
\
As stated !
\
Distribution: !
DlR RF (8S280)
SDroggitis DCD PDR (YES_ (SP07)f_ NO )
lowa File DOCUMENT NAME: G:\ LAB \FLATER.WPD A To receive e coo r of this document. Ind6cate in th i bor: *C" CMk wveut attachment' enclosure *E' = Copy with attachment' enclosure *N"- No copy l
OFFICE OSP OSP[D%)l DWM:D OGC OSP:D
- NAME LABolling
- nb:kk PHLoha4s f JGreeves FXCameron RLBangart
! DATE 11/09/98* 11/09/98* 11/ /98 11/ /98 12/ /98 l 12/03/98* 12/d498 OSP FILE CODE: SP-AG-9 I
., Mr. Donald A. Flit:r, Chi:f Bureau of Radiological Health lowa Department of Public Health Lucas State Office Building 321 East 12* Street
' Des Moines, IA 50319-0075
Dear Mr. Flater:
I am responding to your August 21,1998 letter regardin the applicability of the draft decommissioning guidance associated with Subpart E t 10 CFR Part 20.
The first question you raised deals with the standards >plicable to a licensee that continues to operate, but has buildings or land which they propose t release for unrestricted use. The standards applicable here are detailed in Subpart E of 0 CFR Part 20. Specifically,10 CFR 20.1402 utilizes 25 mrem (0.25 mSv) TEDE to an aver ge member of a critical group. The draft guides described in your letter or other methods ay be used to demonstrate compliance with the standard, however, the standard remains the me. Additional guidance on timeliness in decommissioning of specific buildings or land is pr ided in NRC Administrative Letter 96-05, .
Revision 1 (enclosed).
If part of a site is to be released, it should be evaluat with future license termination in mind.
If the part of the site released would contribute a sig ificant fraction of the 25 mrem, then it will have to be reevaluated as part of the entire site who license termination is requested.
Therefore, a portion should not be released if it wou cause a problem later on for license termination.
Your second question relates to what standards a ly to a facility with residual radioactivity that must be removed and no license has ever been is ed. The rule does not apply to unlicensed sites. Therefore, while the criteria can be applied, site which does not meet the criteria can be released under any criteria that NRC or the Ag ement State determine to be reasonable on a case-by-case basis. As a separate matter, the l' nsing agency will have to determine whether to require a license for the site. If this is uired, then the Decommissioning Rule would apply.
Your third question relates to whether or not NR plans to revisit those sites decommissioned utilizing the draft guidance, once the final guida is implemented. We would not revisit released sites determined to comply with the rul under interim guidance, unless as stated in 10 CFR 20.1401 (c), a significant threat to public h alth and safety exists.
I hope that we have adequately addressed your concerns on this matter.
Sincerely, l
Richard L. Bangart, Director Office of State Programs L
Enclosure:
As stated l )istribution:
l )lR RF (8S280)
L SDroggitis DCD(SP07)(
PDR (YES_ NO )
lowa File -
i DOCUMENT NAME: G:\ LAB \FLATER.WPD ,
, ".- .- a em - - - m m = e . coo, ma =...._.v.m-, r . coo, m ._.:;_- =, y . e coo, !
OFFICE OSP 4 l OSP:DD ll DWM:D l OGC l OSP:D l I NAME LABollined F8 PHLohaus / JGreeves FXCameron - RLBancart DATE 12/J/98 12/ /98 / 11/ /98 11/ /98 12/ /98 OSP FILE CODE: SP-AG-9
Mr. Dorrid A. Fl:ter, Chief Bureau of Radiological Health lowa Department of Public Health Lucas State Office Building 321 East 12"' Street Des Moines, IA 50319-0075
Dear Mr. Flater:
I am responding to your August 21,1998 letter regar ing the applicability of the draft decommissioning guidance associated with Subpart to 10 CFR Part 20.
The first question you raised deals with the standar s applicable to a licensee that continues to operate, but has buildings or land which they propo e to release for unrestricted use. The standards applicable here are detailed in Subpart of 10 CFR Part 20. Specifically,10 CFR 20.140.2 utilizes 25 mrem (0.25 mSv) TEDE to an verage member of a critical group. The draft guides described in your letter or other methods ay be used to demonstrate compliance with the standard, however, the standard remains the ame. Additional guidance on timeliness in decommissioning of specific buildings or land is rovided in NRC Administrative Letter 96-05, Revision 1 (enclosed).
Your second question relates to what standard apply to a facility with residual radioactivity that must be removed and no licerise has ever bee issued. In this case, if the residual radioactivity comes from Atomic Energy Act material cover d under the terms of the State's Section 274b Agreement with the NRC, the same standard s detailed above in 10 CFR 20.1402 applies and a license may be issued if necessary.
Your third question relates to whether or not RC plans to revisit those sites decommissioned utilizing the draft guidance, once the final gu dance is implemented. NRC does not plan to revisit these sites once the final guidance is issued and the two-year interim period has ended.
I hope that we have adequately addressed our concerns on this matter.
Sincerely, Richard L. Bangart, Director Office of Sta+e Programs
Enclosure:
As stated Distribution:
DIR RF (8S280) DCD (SP07)
SDroggitis PDR (YES / NO )
lowa File DOCUMENT NAME: G:\ LAB \FLATER.WP n r.c.iv. . cop, et thi. oocum.nt. indic.t. In th. box: 'C" s .
ut attachment' enclosure 'E" = Cooy with attachment' enclosure *N" a No copy OFFICE OSPf )n l OSp.$ l DWM:D OGC l OSP:D l NAME LABollingn$l(!Q PHLohhus~ ' JGreeves FXCameron RLBangart DATE 11 6\/98 1h/ 9 /98 11/ /98 11/ /98 11/ /98 OSP FILE CODE: SP-AG-9
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