ML20216D051
| ML20216D051 | |
| Person / Time | |
|---|---|
| Issue date: | 11/13/1995 |
| From: | Abbott C NRC OFFICE OF THE CONTROLLER |
| To: | Matt Thomas NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20216C659 | List: |
| References | |
| FRN-61FR24669, RULE-PR-20, RULE-PR-30, RULE-PR-40, RULE-PR-61, RULE-PR-70, RULE-PR-72 AF17-2-015, AF17-2-15, NUDOCS 9709090199 | |
| Download: ML20216D051 (52) | |
Text
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- From: Carol F. Abbott To: MLT1
- Date: 11/13/95 4:08pm
Subject:
Final Rulemaking: Recordkeeping Req NOTE TO: Mary L. Thomas, RES Task Leader FROM: Carol Abbott, OC/DBA
SUBJECT:
OC Review of Final Rule Parts 20,30,40,70, and 72, Termination orTransfer of Licensed Activities:
Recordkeeping Requirements OC has reviewed the subject final rulemaking package attached to D.L. Morrison's November 3,1995 memo (cc: to OC) and finds that the Resources section adequately addresses the staffing resources that will be required /reprogranimed to implement this rule.
OC concurs in this package.
P.Rab;deau OC/DBA J. Evans OC/DBA D.Corley OC/DBA/PAB P.Wolfe OC/DBA/PAB L.Jacobs Baynard NMSS N. Price RES CC: DJC2, JDE, EJB2, NMP, PJR, PMW 9709090199 970904 PDR PR 20 61FR24669 PDR 43 7 ' V'O M . _-.. -__ ___._ __ _ _ I
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NUCLEAR REGULATORY COMMISSION 10 CFR Parts 20, 30, 40, 61, 70, and 72 RIN: 3150-AF17 Termination or Transfer of Licensed Activities: Recordkeeping Requirements AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
EFFECTIVE DATE: (90 days after publication).
FOR FURTHER INFORMATION CONTACT: Mary L. Thomas, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001, telephone _(301) 415-6230, e-mail MLTl@NRC. GOV.
SUPPLEMENTARY-INFORMATION:
- 1. Background While evaluating an incident involving some offsite contamination, the NRC identified a deficiency in the current recordkeeping requirements. The i 50 /
NRC was unable to determine how much radioactive material was released to a A
sanitary sewerage system because records of previous releases by the original-holder of the license were not available. In addition, the regulations were unclear with regard to the final disposition of these records when licensed activities 4gsgr cease %andthelicenseisterminated. A proposed rule /
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requiring licensees to forward certain records to the NRC once licensed activities cease [ or to a new owner if they would be taking over licensed l
activities, was published for' comment in the Federal Register on December 28, 1994, (59 FR 66814),
i II. Discussion of comments and summary of requirements in the final rule I
This section includes a discussion of the significant issues raised by public comment and how they were resolved. Six comment letters were received j on the proposed rule, ld ko u.m b M * * ' b# >
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pg, gh gued k"m Public Comments gWw n, o epft dM T
- 1. Need for the rule and expected benefit.
Comments: Two commenters stated that the NRC has not demonstrated the need for the rule on the basis of one incident. They also stated that the NRC did not demonstrate how the proposed regulations and their commensurate costs would assist licensees, the NRC, and the Agreement States in the analysis of the environmental impact from the site. They requested that the NRC provide s
data that permits evaluation of the actual impact of these regulation *,..
These same commenters stated that the usefulness of the records in the decision-making process should also be demonstrated in each case. They referred to the Objective Section of the Draft Regulatory Analysis, which stated that these records "...will provide the NRC with the information needed to assess possible risks associated with licensed activities once a licensee has terminated its license." They believed that this assumption is generally false, and that even if sewer release records were available, an independent 2
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evaluation of the environment would still be required. These commenters went on to state that-the NRC has failed to discuss the utility of records that are based on rough calculatt'ons.
Responsg: The intent of the proposed rule was to ensure that records that are retained by licensees during licensed operations are available after license terminatio'n in the event that questions arise regarding any potential offsite consequences from licensed operations. The proposed rule specified that the records used by the licensee to demonstrate compliance with the public dose limits and limits on waste disposals were to be forwarded to the NRC prior to license termination, or to the new owner if licensed operations were to continue at the site, under a new or amended license. m k it is ueU Ecly there wi!1 citon he a nesd-for WCh--iaferntion, Tthere may be l circumstances where it will be necessary for the NRC or other government agencies to evaluate the effects of licensed operations on the environment.
While it is correct that other information would also be needed to perform an environmental analysis, access to such records would be useful in the evalua potential sources of contamination. In response to concerns raised /
by the commenters that the costs of retaining these records was greater than any benefit derived, the final rule has been revised to only require the transfer of records needed for decommissioning to the new licensee in the event that licensed opertaions would continue at the site.$ ecords R pertaining f p'
< to public dose and waste disposal, currently required under il 20.1207 and how 20.2108, respectively, are to be forwarded to the NRC prior to license transfer, re-assignment, or termination. Since these records are already required to be retained by each licensee until license termination, the burden to licensees to forward these records to the NRC would be minimal. This will 3
4 limit the burden on licensees that take over a site that has not been released for unrestricted use, in that, the new licensee will only be required to keep those records needed for decommissioning. Accesst 'o the records pertaining to decommissioning would be needed by the new licensee to develop a site characterization plan.
The NRC has re-evaluated the impact of this regulation in the Regulatory Analysis. The burden associated with this rulemaking will not be significant and the records required to be transferred are the records that the licensee is already required to retain until license termination. In addition, the shJ d final rule limits the number of licensees affected to only those licensees i that are required to have decommissioning funding assurance (i.e. licensees 4 w f. 3 that have a potential for significant contamination). Using this criteria the number of licensees affected by this rulemaking has decreased from 1,716 in theproposedruleto330inthefinalrule.)
- 2. Agreement State Compatibility Comment: One commenter stated that there was no basis-for a Division 2 level of compatibility. They referred to the Federal Register notice on the proposed rule, which states these rules are ".'..needed to provide sufficient information to a new licensee and to evaluate offsite consequences from previous licensee activities and to decommission the site effectively." 3 y stated in issue 1 above this commenter also concluded that the utility of_ M '"
qw these records was questionable. W" In addition, the commenter stated that other costs associated with the f proposed rule have not been considered such as costs associated with 4 l
inspections, and while the NRC may be able to absorb these costs in "non-core portions of the inspection program," Agreement States do not have this luxury.
Response: The Commission still believes that this rule should be assigned a Division 2 compatibility level. Since the Commission has reduced the burden of this rule by limiting the records that need to be transferred to t
the new licensee and to those licensees required to have decommissioning fundingassuranegheinspectionburdenontheAgreementStatesshouldbe minimized. The information in the records pertaining to public dose and waste _
disposal would be useful to the Agreement State in the event they need to h evaluate offsite consequences from a previous licensee's activities. With ju respect to the Paperwork Reduction Act Statement, the reporting burden to reflects that the time required to index, review, and store the required cwor1 records has been recalculated to be 5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> per licensee submittal.
- 3. Regulatory Alternatives Comment: Two commenters stated that the NRC failed to identify regulatory alternatives that would be as effective as the proposed rule while placing less burden on licensees, the NRC, and Agreement States. As noted in issues I and 2 above, the commenters concluded that any benefit from the proposed rule is questionable. They stated that specific regulatory alternatives that should be considered include, but are not limited to:
- a. Perform separate evaluations for the utility of requiring records for public dose and for waste disposal, and making independent judgments,
- b. Consider limiting the scope of the rules to address only those facilities that possess unsealed sources with long half-lives.
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- c. Consider all records being provided to the NRC, rather than requiring Agreement States to maintain the records,
- d. Eliminate transferring 10 CFR 20.2005 type records (disposal of specific wastes, in quantities less than or equal to 1.85 kilobecquerels per gram of tritium or carbon-14 in scintillation fluids or animal tissue).
Response: The Commission considered possible alternatives to I
rulemaking. These are addressed in the Regulatory Analysis that accompanies ,
this rule. The following is provided with respect to the specific recommendations of the commenters:
(a) The final rule requires that records pertaining to public dose and waste disposal be forwarded to the NRC or the appropriate Agreement State prior to license transfer, assignment, or termination; rather than to the new licensee, as stated in the proposed rule. This will limit the burden on licensees that take over a site that has not been released for unrestricted use. However, the new licensee would need to keep all records pertaining to decommissioning.
(b) The NRC has evaluated the suggestion to limit the scope of the rule and has revised the rule and the Regulatory Analysis to reflect that the rule only affects those licensees who are required to have decommissioning funding assurance. Hence, licensees that use and possess sealed sources with short half-lives are no longer affected by this rule. The criteria for whether a licensee is required to have decommissioning funding assurance can be found in 10 CFR Parts 30.35, 40.36, 70.25, and 72.30.
(c) The purpose of this rulemaking was to assure that adequate records would be available to provide historical information of previous licensed operations in the event significant offsite contamination is detected after a licensee 6
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has ceased operation of their facility. Since the NRC's regulatory authority has been delegated to the Agreement States for this material, it is-appropriate that the Agreement States maintain these records, rather than the NRC.
(d) Records of waste disposals allowed by 5 20.2005 currently are required by 6 20.2108(b) to be retained until the Commission terminates each pertinent license requiring the record. The Commission is currently evaluating a petition for rulemaking that requests a revision to E 20.2005 pertaining to waste disposal. This petition is currently on hold until finalization of the rulemaking addressing radiological criteria for decommissioning.
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-4. Public Access To information Comment: One commenter was concerned that the Commission overlooked the benefits which could result from simple, inexpensive-to-implement requirements enhancing public access to information. This commenter noted that enhanced public access to information is an important (though not the only) reason for record-keeping, in part because informed members of the pubiit can play a significant role in ensuring that regulatory actions are appropriate and timely. This commenter urged the Commission to consider enhanced public access to information as part of a coherent policy to protect important documentary information from loss.
Response: This rulemaking addresses recordkeeping requirements for termination and transfer of licensed activities. This rule requires that records pertaining to decommissioning be transferred to a licensee that takes over a previous licensee's business and requires that records related-to public dose and waste disposal be forwarded to the cognizant regulatory body prior to license transfer, assignment, or termination, thereby protecting these records for future access. Once these records are forwarded to the NRC, they will be available through the Freedom of Information Act process, provided they do not contain proprietary information.
- 5. Independent Spent Fuel Storage Installations and 10 CFR 72.30(d)
Requirements Comment: One commenter stated that 10 CFR 72.30(d) addresses recordkeeping requirements for decommissioning for independent spent fuel storage installations-and that the NRC has proposed changes to this paragraph to address the transfer of licensed activities. This commenter questions why 8
10 CFR 50.75(g), which contains the same type of recordkeeping requirements for decommissioning for production and utilization facilities, was not changed; the commenter believes this to be inconsistent and possibly inadvertent.
Response: This rule only addresses materials licensees. ~iie i Cummission is currently evaluating the need for additional rulemaking to address the broad issue of transfers of reactor licenses. Any such rulemaking would also consider recordkeeping requirements.
Sunnary of Reouirements of the Final Rule:
The revised rule requires transfer of records pertaining to decommissioning to a licensee that takes over a site that has not been released for unrestricted use. The new licensee would need these records in order to perform a site characterization prior to decommissioning. Once the new entity is granted a license and accepts these records, they become subject to all regulations concerning termination and transfar. The amendments also '
require that records pertaining to public dose and waste disposal be forwarded to the NRC prior to license transfer, assignment, or termination. The final rule also requires licensees to forward records pertaining to decommissioning to the NRC prior to license termination. In selecting records to include in this rulemaking, the NRC focused attention on information that would be needed
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by licensees to conduct decommissioning effectively and for the NRC to evaluate offsite consequences from a licensee's operation.A u\
- Paragraphs 20.2107(b) and 20.2108(b)-have been amended to state that [Ne[
es t tL there are additional requirements for disposition of the records required by 2f km M o 9
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these sections in 10 CFR Parts 30, 40, 61, 70, and 72. Paragraphs 30.35(g),
40.36(f), 70.25(g), and 72.30(d) specify recoids that the Commission considers important to decommissioning. The NRC'has revised the aforementioned paragraphs to require the transfer of records pertaining to decommissioning records to the new licensee. A paragraph has been added to il 30.51, 40.61, 70.51 and 72.80 to clarify that records pertaining to public dose records and waste disposal be forwarded to the NRC prior to license transfer, assignment, or termination. Also, paragraphs have been added to il 61.30(a)(3) and 61.31(c)(1) to clarify that records required by il 61.80(e) and (f) are to be transferred to the disposal site owner or to the party responsible for institutional control of the disposal site, respectively.
To lessen-the burden on licensees, the rule permits these records to be submitted electronically. Finally, a new paragraph has been added to il 30.36, 40.42, 70.38, and 72.54 to state that a license will not be terminated until the NRC receives the records required by revised il 30.35(g), 30.51, 40.36(f), 40.61, 70.25(g), 70.51, 72.30(d), and 72.80.
When records pertaining to decommissioning are transferred from one licensee to another because licensed activities will continue at the same site under a new or amended license, the new licensee will be responsible for maintaining these records until the license is terminated. It is expected that very few licensees will fall into this category. The estimated burden per licensee is expected to be low and is discussed in the Regulatory Analysis.
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Ill. Agreement State Compatibility This rulemaking will be a matter of compatibility between ' .-
9 stive the NRC and the Agreement States, thereby providing consistency-af State wie utM, /
Federal safety requirements. The NRC has determined that a Division 2 level of compatibility should be assigned because the records required by this rulemaking are important to assure protection of public health and safety, and are important to ensuring that facilities in Agreement States are effectively decommissioned. Under this level of compatibility the Agreement States would be expected to adopt recordkeeping requirements that are as stringent as NRC's, but they would be permitted flexibility in their requirements based on their radiation protection experience, professional judgments, and community values.
IV. Environmental Impact: Categorical Exclusion The NRC has determined that this revised regulation is the type of action described as a categorical exclusion in 10 CFR Sl.22(c)(3)(ii),
recordkeeping requirements. Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this revised regulation.
The revised action requires that records pertaining to public dose and waste disposals be forwarded to the NRC prior te license transfer, assignment, or termination. The revised action is directed to improving the regulatory, licensing,-inspection, and enforcement framework relating to these facilities where licensed activities will continue and will ensure that adequate 11
information to decommission the facility effectively is retained after license termination.
V. Paperwork Reduction Act Statement This rulemaking amends information collection requirements that are' subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). This rule has been submitted to the Office of Management and Budget for review and approval of the paperwork requirements.
The public reporting burden for this collection of information is estimated to average 7 hours8.101852e-5 days <br />0.00194 hours <br />1.157407e-5 weeks <br />2.6635e-6 months <br /> per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.
VI. Regulatory Analysis The NRC has prepared a regulatory analysis on this rulemaking. The analysis examines the costs and benefits of the alternatives considered by the NRC. The regulatory analysis is available for inspection at the NRC Public Document Room, 2120 L Street NW (Lower Level), Washington, DC. Single copies of the analysis may be.obtained from Mary L. Thomas, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: (301) 415-6230; email: MLT10NRC. GOV 12
Vll. Regulatory Flexibility Certification In accordancc with the Regulatory flexibility Act of 1980 (5 U.S.C.
605(b)), the Commission certifies that this rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.
The rulemaking imposes recordkeeping requirements on those licensees who are required to have decommisstor:ing funding assurance and on licensees who are transferring their license to a new licensee. These changes require the transfer of records pertaining to decommissioning to the new licensee. In addition, the rule requires forwarding records pertaining to public dose and waste disposal to the NRC at license termination. These records are already required to be maintained until the license is terminated by the Commission, and are needed to provide historical information of the impact of a previous licensee activities on the environment anc decommissioning.
VIII. Backfit Analysis The NRC has determined-that the backfit rule,10 CFR 50.109, does not apply to this rule and, therefore, that a backfit analysis is not required for this rule because these amendments do not involve any provisions that would impose backfits as defined in 10 CFR 50.109(a)(1).
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's List of Subjects.in Parts 20, 30, 40, 61, 70, and 72 l
10 CfR Part 20 Byproduct material, Criminal penalties, Licensed material, Nuclear materials, Nuclear power plants and reactors, Occupational safety and health, Packaging and containers, Radiation protection, Reporting and recordkeeping" '
requirements, Special nuclear material, Source material, Waste treatment and disposal.
10 CFR Part 30 Byproduct material, Criminal penalties, Government contracts, Intergovernmental relations, Isotopes, Nuclear materials, Radiation protection, Reporting and recordkeeping requirements.
10 CFR Part 40 Criminal penalties, Government contracts, Hazardous materials transportation, Nuclear materials, Reporting and recordkeeping-requirements, Source material, Uranium.
10 CFR Part 61 Criminal penalties, Low-level waste, Nuclear materials, Reporting and recordkeeping requirements, Waste treatment and disposal.
10 CFR Part 70 Criminal penalties, Hazardous materials transportation, Material control and accounting, Nuclear materials, Packaging and containers, Radiation 14
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protection, Reporting and recordkeeping requirements, Scientific equipment, Security measures, Special nuclear material.
10 CFR Part 72 Manpower training programs,' Nuclear materials, Occupational safety and health,' Reporting and recordkeeping requirements, Security measures,'and Spent fuel.
For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as-amended, and 5 U.S.C. 553, the NRC is adopting the following amendments to 10 CFR Parts 20, 30, 40, 61, 70, and 72.
PART 20--STANDARDS FOR PROTECTION AGAINST RADIATION
- 1. The authority citation for Part 20 continues to read as follows:
AUTHORITY: Secs. 53, 63, 65, 81, 103, 104, 161, 182, 186, 68 Stat. 930, 933, 935, 936, 937, 948, 953, 955, as amended, (U.S.C. 2073, 2093, 2095, 2111, 2133, 2134, 2201, 2232, 2236), secs. 201, as amended 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 584E, 5846).
- 2. In 6 20.2107, the text of paragraph (b) has been revised to read as follows:
6 20.2107 Records of dose to individual members of the public.
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o (b) The licensee shall retain the records required by paragraph (a) of this section until the Commission terminates each pertinent license requiring the record. Additional requirements for disposition of these records are specified in il 30.51, 40.61, 61.80, 70.51, and 72.80 for activities licensed under these parts.
- 3. In i 20.2108, thetextofparagraph(b)32hasbeenrevisedto V!
read as follows:
6 20.2108 Records of waste disposal.
(b) The licensee shall retain the records required by paragraph (a) of this section until the Commission terminates each pertinent license requiring the record. Additional requirements for disposition of these records are specified in il 30.51, 40.61, 61.80, 70.51, and 72.80 for activities licensed under these parts.
PART 30--RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF 8YPRODUCT MATERIAL
- 4. The authority citation for Part 30 continues to read as follows:
AUTHORITY:- Secs. 81, 82, 161, 182, 183, 186, 68 Stat. 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat 444, as amended (42 U.S.C. 2111, 2112, 2201, 2232, 2233, 2236, 2282); secs. 201, as amended, 202, 206, 88 Stat. 1242,
-as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).
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l-Section 30,7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123, (42 U.S.C. 5851).
Section 30.34(b) also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 30.61 also issued under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).
S. In i 30.35, the introductory text of naragraph (g) has been revised to read as follows:
I 30.35 Financial assurance and recordkeepina for decommissionina.
(g) Each person licensed under this part or parts 32 through 36 and 39 of this chapter shall keer records of information important to the decommissioning of a facility in an identified location until the site is released for unrestricted use. Before licensed activities are transferred or assigned in accordance with 6 30.34(b), those licensees required to have.
decommissioning funding plans in accordance with this section shall transfer all records described in this paragraph to the new licensee, in this case, the new licensee will be responsible for maintaining these records until_the license is terminated. If records of gniseert information re kept for other V purposes, reference to these records and their locations y be used.
InformationtheCommissionconsidersimportanttodecomm[ ssioning consists of -- Im podG^ b c accmyss<o mns c*
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- 6. In 6 30.36, paragraph (j)(4) has been added to read as follows:
6 30.36 Exoiration and termination of licenses and decommissionina of sites and separate buildinos or outdoor areas.
l * * * * *
(j) * * *
(4) Records requirid by li 30.35(g) and 30.51(d) have been received.
- 7. In 5 30.51, paragraph (d) has been added to read as follows:
6 30.51 Records.
(d) The licensee shall retain each record that is required by the regulations in il 20.2107 and 20.2108 until the Commission terminates each pertinent license requiring the record. This includes records retained under the Standards for Protection Against Radiation in effect prior to January.1, 1994.' Before license transfer or assignment in accordance with 6 30.34(b), and before license termination, those licensees required by 6 30.35 to have decommissionirig funding plans shall forward all records described in this paragraph to the appropriate NRC Regional Office.
PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL
- 8. The authority citation for Part 40 continues to read as follows:
AUTHORITY: Secs. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68 Stat. 932, 933, 935, 948, 953, 954, 955, as amended, secs, lle(2), 83, 84, Pub. L 95-604, see S 20.4ol(c)(3) codified as of January 1, 1993.
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l 92 Stat. 3033, as amended, 3039, sec. 234, 83 Stat. 444, as amended (42 U.S.C.
2014(e)(2),2092,2093,2094,2095,2111,2113,2114,2201,2232,2233,2236, 2282); sec. 274, Pub. L.86-373, 73 Stat. 688 (42 U.S.C. 2021); secs, 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); sec. 275, 92 Stat. 3021, as amended by Pub. L.97-415, 96 Stat.
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2067 (42 U.S.C. 2022).
Section 40.7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123, (42 U.S.C. 5851).
Section 40.31(g) also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152).
Section 40.46 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C.
2234). Section 40.71 also issued under sec. 187, 68 Stat. 955 (42 U.S.C.
2237).
- 9. In 6 40.36, the introductory text of paragraph (f) has been revised to read as follows:
6 40.36 Financial assurance and recordkeepina for decommissionina.
(f) Each person-licensed under-this part shall keep records of information important to the decommissioning of a facility in an identified location until the site is released for unrestricted use. Before licensed activities are transferred or assigned in accordance with 6 40.41(b) those licensees required to have decommissioning funding plans in accordance with this section shall transfer all records described in this paragraph to the new licensee. In this case, the new licensee will be responsible for maintaining
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these records until the license is terminated. If records of=rcl; vent informatio re kept for other purposes, reference to these records and their V
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locations may be u id. Information the Commission considers important to decommissioning consists of --
- 10. In i 40.42, paragraph (j)(4) has been added to read as follows:
6 40'.4't Expiration and termination of licensss and decommissionina of sites and separate buildinos or outdoor areas.
(j) * * *
(4) Records required by ll 40.36(f) and 40.61(d) have been received.
- 11. In 6 40.61, paragraph (d) has been added to read as follows:
6 40.61 Records.
(d) The licensee shall retain each record that is required by the regulations in il 20.2107 and 20.2108 until the Commission terminates each pertinent license requiring the record. This includes records retained under the Standards for Protection Against Radiation in effect prior to January 1, 1994.' Before license transfer or assignment in accordance with i 40.41(b), and before license termination, those licensees required by i 40.36 to have decommissioning funding plans shall forward all records described in this paragraph to the appropriate NRC Regional Office.
See 5 20.4ol(c)(3) codified as of January 1, 1993.
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PART 61--LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIDACTIVE WASTE
- 12. The authority citation for Part 61 continues to read as follows: '
AUTHORITY: Secs. 53, 57, 62, 63, 65, 81, 161, 182, 183, 68 Stat. 930, 932, 933, 935, 948, 953, 954, as amended (42 U.S.C. 2073, 2077, 2092, 2093, 2095, 211f, 2201, 2232, 2233); secs. 202, 206, 88 Stat. 1244, 1246, (42 U.S.C.
5842, 5846); secs. 10 and 14, Pub. L.95-601, 92 Stat. 2951 (42 U.S.C. 2021a and 5851) and Pub. L. 102-486, sec. 2902, 106 Stat. 3123, (42 U.S.C. 5851).
- 13. In 6 61.30, paragraph (a)(3) has been amended to read as follows:
6 61.30 Transfer of license.
(a)
(3) That any funds for care and records required by ll 61.80(e) and (f) be transferred to the disposal site owner;
- 14. In 9 61.31, paragraph (c)(3) has been added to read as follows:
, 4 61.31 Termination of license.
(c)
(3) That the records required by 55 61.80(e) and (f) be forwarded to t
the party responsible for institutional control of the disposal site and a copy be sent to the Commission immediately prior to license termination; 21
- 15. In 6 61.80, paragraph (f) has been amended as follows:
6 61.80 Maintenance of records. reports. and transfers.
(f) Following receipt and acceptance of a shipment of radioactive waste, the licensee shall record the date of disposal of the waste, the location in the disposal site, the condition of the waste packages as '
received, any discrepancies between materials listed on the manifest and those received, and any evidence of leaking or damaged peckages or radiation and contamination levels in excess of limits specified in Department of Transportation and Commission regulations. The licensee shall briefly describe any repackaging operations of any of the waste packages included in the shipment, plus any other information required by the Commission as a license condition. The licensee shall retain each record that is required by the regulations in il 20.2107 and 20.2108 until the Commission terminates each pertinent license requiring the record. This includes records retained under the Standards for Protection Against Radiation in effect prior to January 1, 1994.'
PART 70--00MESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL
- 16. The authority citation for Part 70 continues to read as follows:
AUTHORITY: Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948, 953, 954, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2201, 2232, 2233, 2282); secs. 201, as amended, 202, 204, 206, 88 Stat. 1242, as amended, 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846).
See S 20.401(c)(3) codified as of January 1, 1993.
22
Sections 70.l(c) and 70.20a(b) also issued under secs. 135,141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155,~10161). Section 70.7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L.
102-486 sec. 2902, 106 Stat. 3123 (42 U.S.C. 5851). Section 70.21(g) also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Section 70.31 also issued under sec. 57d, Pub. L.93-377, 88 Stat. 475 (42 U.S.C. 2077).
Sections 70.36 and 70.44 also issued under sec.184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 70.61 also issued under secs. 186, 187, 68 Stat.
955 (42 U.S.C. 2236, 2237).
Section 70.62 also issued under sec.108, 68 Stat. 939, as amended (42 U.S.C. 2138),
- 17. In s 70.25, the introductory text of paragraph (g) has been revised to read as follows:
6 70.25 Financial assurance and recordkeepina for decommissionina.
(g) Each person licensed under this part shall keep records of information important to the decommissioning of a facility in an identified location until the site is released for unrestricted use. Before licensed activities are transferred or assigned in accordance with 6 70.32(a)(3),
those licensees required to have decommissioning funding plans in accordance with this section shall transfer all records described in this paragraph to the new licensee. In this case, the new licensee will be responsible for maintaining these records until the license is terminated. if records of re h veet information re kept for other purposes, reference to these records v' and their locations ay be used. Information the Commission considers important to decomml ssioning consists of -- .
qin bd fu f4u. h%wasug S M 23
- 18. - In 5 -70.38, paragraph (j)(4) has been added to read as follows:
I-70.38 Exoiration and termination-of licenses and decommissionina of sites and separate buildinas or outdoor areas.
'(j) * * *
(4) Records required by El 70.25(f) and 70.51(b)(6) have been received.
- 19. In 6 70.51, paragraph (b)(6) has been revised to read as follows:
I 70.51 Material balance. inventory. and records reauirements.
(b)
(6) The licensee shall retain each record that is required by the regulations in i 20.2107 and 5 20.2108 until the Commission terminates each -
pertinent license requiring the record. This includes records retained under the . Standards for Protection Against Radiation in effect prior to '
January 1, 1994.' Before license transfer or assignment in accordance with l 70.32(a)(3), and before license termination, those licensees required by 6 70.25 to have decommissioning funding plans shall forward all records described in this paragraph to the appropriate NRC Regional ' Office.
See S 20.4ol(c)(3) codified as of January 1, 1993.
24
- 20. In 5 70.51, paragraph (c)(5) redesignate footnote 2 as footnote 3.
?l. In 5 70.51, paragraph (f)(4)(ii) redesignate footnote 3 as footnote 4.
PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADI0 ACTIVE WASTE
- 22. The authority citation for Part 72 continues to read as follows:
AUTHORITY: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 2234, 2236, 2237, 2238, 2282);
sec. 274, Pub. L.86-373, 73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); Pub. L.95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 102 Pub. L.91-190, 83 Stat 853 (42 U.S.C. 4332). Secs. 131, 132, 133, 135, 137, 141, Pub. L.97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, Pub. L. 100-203, 101 Stat.
1330-235 (42 U.S.C. 10151, 10152, 10153, 10155, 10157, 10161, 10168).
Section 72.44(g) also issued under secs, 142(b) and 148(c), (d), Pub. L.
100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b), 10168(c), (d)).
Section 72.46 also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239);
sec. 134, Pub. L.97-425, 96 Stat. 2230 (42 U.S.C. 10154). Section 72.96(d) also issued under sec.145(g), Pub. L.100-203,101 Stat.1330-235 (42 U.S.C.
10165(g)). Subpart J also issued under secs. 2(2), 2(15), 2(19), ll7(a),
25
[
141(h), Pub. L.97-425, 96 Stat. 2202, 2203, 2204, 2222, 2244, (42 U.S.C.
10101, 10137(a), 10161(h)). Subparts K and L are also issued under sec. 133, 98 Stat. 2230 (42 U.S.'C. 10153) and Sec. 218(a), 96 Stat. 2252 (42 U.S.C.
j 10198).
- 23. In 172,30, the introductory text of paragraph (d) has been revised to read as follows:
I 72.30 Financial assurance and recordkeepino for decommissionina.
(d) Each person licensed under this part shall keep records of information important to the decommissioning of a facility in an identified location until the site is released for unrestricted use. Before licensed
-ar.tivities are transferred or assigned in accordance with 6 72.44(b)(1), the licensee shall transfer all records described in this paragraph to the new licensee. In this case, the new licensee will be responsible for maintaining these records until the license is terminated. If records of rele,ent /
informationp are kept for other purposes, reference to these records and their v l
locationsm{ybeused. Information the Commission considers ianortant to decommissio 'ng consists of --
mphd 4c M '
d'
- 24. In 6 72.54, paragraph (1)(3) has been added to read as follows:
6 72.54 Exoiration and termination of licenses and decommissionina of sitn and separate buildinas or outdoor areas.
(1) 26
(3) Records required by 66 72.30(d) and 72.80(c) have been received.
s . s s .
- 25. In i 72.80, paragraph (e) has been added to read as follows:
.I 72.80 Other records and recorts, s
s s s s (e) The licensee shall retain each record that is required by the regulations in il 20.2107 and 20.2108 until the Commission terminates each pertinent license requiring the record. This includes records retained under tho 'itandards for Protection Against Radiation in effect prior to January 1, 1994.' Before license transfer or assignment in accordance with 6 72.44(b)(1), and before license termination, the Itcensee shall forward all records described in this paragraph to the appropriate NRC regional office.
Dated at Rockville, Maryland, this day of 1995.
for the Nuclear Regulatory Commission.
James M. Taylor.
Executive Director for Operations.
See $ 2o.4ol(c)(3) codified as of January 1, 1993 27
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ENCLOSURE 2 REGULATORY ANALYSIS i
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REGULATORY ANAL.YSIS REVISION OF RECORDS RETENTION REQUIREMENTS
- 1. Statement of the Problem After evaluating an incident where some offsite contamination was found, the NRC identified a deficiency in the current recordkeeping requirements.
The NRC was unable to determine how much radioactive material was released to a sanitary sewerage system because records of previous releases by the original holder of the license were not available. The existing regulations are unclear regarding final disposition of records pertaining to decommissioning, public dose, and waste disposal when licensed activities have ceased and the license is terminated. in addition, when a licensee transfers, assigns, or terminates a license, and another entity continues licensed activities at,the same site, the original licen y is currently not required to t ransfei4 k, ~~ net.c.hof)Oc.eghL /
records to decomm ission the facility effectively to the new
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licensee.
Therefore, the NRC has revised its regulations pertaining to the disposition of certain records when a licensee terminates licensed activities or licensed activities are transferred or assigned to another licensee. The revised rule would require a licensee to transfer records pertaining to
%ALL c4h<,. wo & J-up r 0 decommissioning the facility [ko the new lic,e(nsee if licensed activities will continue at the same site, and the site has not been released for unrestricted use. If the license is tr be terminated the rule would require the licensee to
%w forward, records pedaitting te n;;=is i;r44 to the NRC. Thewe-would Allo require-a-14censee-to-forwar4-cecords pertaining to putrH: d;sund waste disp 65T1 11r the-NRG-pr4or t n 1icanse tnnsf4rm4 nment, 9 or._ter.mination. In 1
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e addition, the NRC has revised its regulations pertaining to disposition of records concerning low-level waste facilities when the facility is closed and the license is transferred to the disposal site' owner and when the NRC terminates the license and the party responsible for institutional control takes over the disposal site.
- 2. Objectives Retention of these records will ensure their future availability, and
- am will provide th 3 C,and Agreement States with the information needed to assess possible risks associated with licensed activities once a licensee has b,qudtermin$editslicense. These revised amendments contain requirements that are intended to ensure that the applicable records will be available when needed. The existing regulations do not provide for the transfer of records when a licensee transfers, assigns, or terminates a license and another person continues licensed activities at the same site under a new or amended license and the site has not been released for unrestricted use, in addition to providing information to the NRC necessary to assess possible risks from a previous licensee's activities, transfers of th'e information to the new licensee are necessary to ensure that adequate information w{il be available tothenewlic'enseetodevelopasitecharacterizaOIntodecommissionthe site effectively, h, AA k "' ""-I" '~
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h Juu~.a. c+6i L:m um 3.0 Alternatives puo,bA $[~ 1 ce .j( ~p 1wa"*< vb [8 4c - % S br.~~ /*
in developing a solution to the identified problem of records cp. L+" -
availability, the folicwing alternative regulatory approaches were considered:
2
~
- 1) no action; 2) amendment of licenses; 3) use of regulatory guides; and
- 4) amendment of regulations.
4.0 Conseauences
- a. Cost and Benefits of Alternatives
- l. No Action - The benefit of not changing the regulations would be minimal since records that would be needed by the NRC, the new licensee, the disposal site owner, or the party responsible for institutional control may be difficult to obtain. Without a consistent approach some of the needed records could be lost or destroyed inadvertently, resulting in additional costs to the new licensee, the disposal site owner, the party responsible for institutional control, or the NRC to make determinations of public risk.
- 2. Amendment of Licenses - The only benefit of amending licenses would be in the resources saved in promulgating a new regulation. The costs to amend licenses for the # 6 NRC licensees could be higher than those needed for amending the regulation and cou!d result in an inconsistent application of policy.
- 3. Use of Regulatory Guides - There would be little benefit in using a regulatory guide since a licensee could not be required to-forward records to the new licensee, disposal site owner, party responsible for institutional control, or the cognizant regulatory body without additional action.
- 4. Amendment of Regulations - The benefit of codifying record retention g (s w requirements would result in the availability of the information ne gr 2s' s angt6 develop-a-assess possible risks from a previous%p licensee'q acgitg si *bg site _charactetization-plan-for decommissionifig. Therefore, transfer of the information to the new licensee, the disposal site owner, the party 3
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responsible for institutional control, or the cognizant regulatory body would ensure inat adequate information will be available to carry out the aforementioned activities.
The costs of the revised rule would be incurred from transferring records to a new licensN, Drosal site owner, party responsible for institutional control, or n w cing records to the cognizant regulatory body.
The records included in the revised rulemaking are already required to be maintained until license termination. In assessing these costs an assumption M' was made that *M }M NRC materials licensees would be affected by the rule, x,Y la.1 b po wwg h w- - w<,t QL.A su m p ~l s ~ ' Am.>
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gp[cjyM';;.,%that-are-cequired-te -h:n geommtTTT5 Ming funJ(61 w g.]
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The NRC's License Management System (LMS), a database of NRC materials f4.u licensees, was queried to verify this assumption and determine the number of
/, 7/4 /mu NRC licensees that would be affected by this rule. Based on the information t/cd l available for 1994 it was determined that an estimated J R licensees were &' AM4, required to have decommissioning funding assurance and would therefore be affected by the rule. A second query was performed on the LMS to determine the number of affected licensees of this DC'that terminated or transferred their licenses in 1994, these numbers are JA and Prespectively. An assumption was made regarding the number of Agreement State (AS) licensees that would be affected by this rule using a two-to-one ratio of AS licensees to NRC licensees. Therefore the numbers of AS licensees that would terminate or transfer annually are 34 and,6, respectively. If the number of affected NRC licensees is added to the number of affected AS licensees the annual totals are p and ) respectively, it may be assumed that one low-level waste 4
I l
l licensee will terminate their license per year and that one low-level waste licensee will transfer records each year. A summary of the numbers of licensees affected by this rule is given in Table 1.
4 4
5
- --____-____m__ -
TABLE 1 ESilMATED NUMBER Of NRC AND AGREEMENT-STATE MATERIAL LICENSEES POTENTIALLY AFFECTED ANNUALLY BY THE TERMINATION OR TRANSFER Of LICENSED ACTIVlilES RULEMAKING
'N Agreewnt State NRC All
\ ticensees licensees licensees transfer of Decountssioning Records to New Licensee 6 3 9 (30.35(g). 40.36(f), 70.25(p), 77.30(d)P forwarding of Decommissioning Records to the NRC 34 17 $1 (30.36(j)(4), 40.4t(j)(4), 70.38(h(4), Pt.54(1)(3H' Formording of base Records and Record Waste 40 to 60 Olsposal to the hat (30.51(d), 40.6l(d),
70.$1(b)(6), ?!.80(e))' .
Transfer of Records Required by ll 61.80(e) anh({} l' I to the Disposal $tte Owner N fransfer of Records Required by ll 61.80(e) and (f) I' I to the Party Responsible for Institutional care and a copy sent to the Connission Prior to License
_foratnation
,,g) n fv<MA
'There are no Part 72 Agreement State licensees.
' Licensee may be either Agreement State or NRC licensee, 6
. 6 jpr e,S i
gt t
,)' Y ,h The costs associated with transferring d commissioning y
}]
-to the new licensee are incurred by the licensees. As can be seen from the Table 2 the total cost for the 9 affected licensees would be $1,674 or $186 per licensee.
TABLE 2 ESilMATED COSTS-ASSOCIATED WITH TRANSFERRING DECOMMISSIONING jRECORDS TO NEW LICENSEE Licensee Action Hours / heensees fechnical $taff Clerical $taff Licensee Affected by Rule ($5f/ hour) ($P0/ hour)
Verify Required Records 1.s 9 702.00 to be fransferred N..
Prepare Required Records 1.s 9 270.00 for fransfer -
Vertfy Records 1.s 9 \
702.00 Transferred \
subtotal 1,404.00 \ T10.00 Total 1,674.00 7
__ _ l
s The costs associated with forwarding records pertaining to public dose and waste disposal to the NRC are incurred by the licensees. As can be seen N , !
from the Table 3 the g htal cost for the 60 affected lic/
ensees would be 56,480 .
or $108 per licensee.
.. N/N
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ESilMATEDCOSTSASSOCIATEDWITHTORWARDi(GPUBLICDOSEANDWASTEDISPOSAL RECORDS T0,THE COGNIZANT ULATORY BODY Licensee Action / Hours / Licensees e' Clerical $taff
/ Licensee Af fected by Rule ($qhnical 5P/ hour) Staff ($20/ hour)
Vertfy Required Reco'rds 1,6 60 0.00 to be fransferred PrepareRequiredRecords for fransfer 1.6 60 \ N 1,800.00 fotal 6.480.00 8
i bY The costs associated with transferring records required by 10 CFR 61.80(e) and (f) to the new licensee or site owner are incurred by the licensees. Assuming that during a year's time only one low-level waste license transfers its license, the cost incurred would be $186, as can be seen from Table 4 below. This may be either an Agreement State or NRC low-level wastelicensee. -
~\
Licensee Actlen Hours / Licenk Technical Clerical Licensee Affected Q g Staff $taff Rule '485f / hour t ($20/ hour)
Vertfy Required Records 1,6 1 18.00 to be fransferred 3 Prepare Required Records for fransfer 1.5 1 \' ' 30.00 Verify Records 1.6 1 78,00 fransferred Subtotal 156.00 30.00 Total 186.00 9
The costs associated with forwarding records required by 10 CFR 61.80(e) and (f) to the party responsible for institutional care or the NRC upon license termination are incurred by the licenstes. Assuming that during a year's time only one low-level waste license terminates its license, the cost incurred would be $186, as can be seen from Table 5 below. This may be either an Agreement State or NRC low-level waste licensee.
TABLE 5 COSTS ASSOCIATED WITH TORWARDING RECORDS REQUIRED BY 10 CFR 61.80(e) & (f)
Licensee Action Hours / Licensees Technical Clerical Licensee Affected by Staff Staff Rule ($52/ hour) ($20/ hour)
Verify Required Records to 1.5 1 78.00 be fransferred Prepare Required Records fer 1.5 1 30.00 fransfer verif y Records f ransferred 1.5 1 78.00 Subtotal 1%.00 30.00 Total 186.00 10
i 1
Y ThecostsofforwardingrecordspertainingtodecommissioningM,pon h>>pf'#
license termination are incurred by the licensee, Approximately 34 Agreement State licensees and 17 NRC licensees would be affected by this rule per year.
/
As can be seen from T'able 6 below the total cost for the 51 affected licensees would be 55 508 or $108 p r licensee.
TABLE 6 COSTS ASSOCIATED WI RWARDING DE0""!SS!ON!"C RECORDS U N Li SE TERMINATION Licensee Action Hours / hcensees fechMcal Clerical i Licensee Affected by $taff Staff Rule \ ($$2/ hour) (120/ hour)
Verify tequired Recor!: to 1.5 $1 " 3,918.00 be fransferred /
Prepare Required R ords for 1.5 51 1.530.00 Transfer /
Total f $,508.00 4
-tO);
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Once the records pertaining to decommissioning, public dose, and waste disposal are received by the cognizant regulatory body they will have to be indexed, verified for relevancy by technical staff and then sent for storage.
As can be seen from Table 7 below the cost incurred by the cognizant regulatory body would be $304 per licensee affected by the rule or $18,848
. for the 62 licensees annually affected by the rule.
TABLE 7 Io COSTS INCURRED BY REGULATORY BODY E
Cognitent Regulatory Body Hours / Licensees Technical Clerical Action Licensee Affected by $taff $taff Rule ($$2/ hour) ($20/ hour)
Verify and Inden Records 4.5 62 14.508.00 Received Frepare Records for 2.5 62 3.100.00 fransfer to Headouarters Prepare Records for $torage 1.0 62 1,240 00 Subtotal 14.508.00 e,340.00 Total 18,848.00 A summary of the costs of the above amendments for the affected licensees is estimated to be $16,320. This summary is presented in Table 8.
The annual cost-to the cognizant regulatory body to index, verify and store the records is estimated to be $18,848, it should be noted that the values presented in Table 8 are only in 1994 dollars for one year. Discounting the values at a 7% rate over a 25 year time period to illustrate the long term effect of this rule results in the a burden to the NRC of $219,579 allocated to cover the annual expenditure of $18,848. This value is expressed as a discounted flow of future funds. The burden for the licensees affected by.
12 a
this rule would be $190.128 for the 62 licensees affected annually by tnis rule. Per licensee this burden is $3,066.
l 4
TABLE 8 'l TOTAL ANNUAL IMPLEMENTATION COSTS FOR THE NEW REQUIREMENTS (US DOLLARS)'
l, Agreement State NRC Licensees All Licensees o ceesees Transfer of Deconnissioning Records to New Licensee til6 558 3,960 (30.3%(g), 40.36(f), 70.t$(g),12.30(d))'
Forwarding of Deconnissioning Records to NRC (30.36(j)(4), 3672 1836 6,$08 40.4f(U(4;,10.38(J)(4), Fr.54(1)(3H'
\ ? .* s . 5,1. ( ev i s u u> i i e -a - "
Forwarding of Dose Records and'lIecords of Weste Disposal to 4320 !!60 6,480 NRC (30.51(d), 40.61(d). 70.51(b)(6), FP.80(eH' fransfer of R cord ed byJijdJ0(e) and (f) to the 186' 186 Dtsposal 5(t Owne ,7 Transfer of ds Requi by ll'61.80(e) and (f) to the 186 186 Party Responsible for institutional care and a copy sent to the Consnission Prior to License fermination total 9118 4926 16.370 i
'These values are only in 1994 dollars.
f
'There are no Part 72 Agreement State licensees.
' Licensee may either_ Agreement State or NRC licensee.
l
- 13 e - - - - - - - - . . . . . . - - - . - - - - - - - - - - -
- b. Impacts on Other Requirements There may be a potential impact on the materials inspection program to accommodatetheresourcestoreviewandindexincodiingrecords. Any re-allocation of inspection resources woulu be confined to the non-core portion of the inspection program. Sending the records to the NRC or Agreement State relieves the licensee of the burden of having to review, index, and store them,
- c. Constraints None anticipated.
5.0 Decision Rationale 5.1. No Action The lack of specificity as to whether licensees should transfer certain records to the new licensee if licensed activities will continue at the same site under a new or amended license and the si e has not been released for unrestricted use, and should forward certain records to the NRC prior to license transfer, assignment, or termination have resulted in instances where there have been insufficient records to accurately assess the risks from a previous licensee's operation and to develop a site characterization to decommission the site effectively. For these reasons, the alternative of no action is judged to be not viable.
5.2 Amendment of licenses This alternative is not viable because issuance of license amendments for every licensee would result in repetitive efforts and inefficient use of 14
Commission and licensee staff time. With approximately 330 licensees affected by this rule, including those in the Agreemes.L States holding materials licenses, the cost to the NRC to amend all 330 a'ffected licensees would be $18,480, as compared to $11,160 to index, review, and store the records. The $18,480 value is assuming 1.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> of clerical time at
$20/ hour and 0.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> technical time at $52/ hour to prepare and review each amendment. Each time a new license is issued this cost will have to be added to the preparation of the license and could result in inconsistent application of policy.
5.3 Use of Regulatory Guides As noted above, the lack of a firm regulatory basis for disposition of records increases difficulties associated with a case-by-case approach.
While regulatory guides could be developed regarding records disposition, regulatory guides do not have the force of regulation in compelling licensees to take the desired action.
5.4 Amendment of Regulations This alternative provides the mast viable means to ensure that the applicable records will be available when needed at the least cost. The cost to the NRC to amend all 330 licenses affected by the rule is $18,480, as compared to $11.160, the cost of indexing, reviewing, and storing the records for the 62 licensees that may terminate or transfer their licenses each year, for this reason, the staff believes that codifying records retention requirements for license transfers, assignments, and terminations provides the best assurance that licensees will retain / transfer the appropriate records.
15 i
e
.,1.
0
- 6. Implementation a, Schedule for yh( Implementing the Revised Requirement b/
TherevisionwillbepublishedinthefederalReaister. The final rule includes an effective date for implementation of the changes to allow licensees time to make the required changes.
- b. Relationship to Other Existing Requirements Since these records are already maintained by licensees until license termination, the revised rule effects-only their final disposition. The revised rule will require that these records be sent to the NRC or appropriate Agreement State for storage.
16
- 0) e e. u s at G I fcnwu Accar;at Alcm'c c
, evaluation of the cnvironment would still be required. Ihnse commenters went /F /7s>
I on to state that the NRC has f ailed to discuss the utility of records that are /N based on rough calculations.
Rungna: The intent of the proposed rule was to ensure that records that are retained by licensees during licensed operations are available after license termination in the event that questions arise regarding any potential offsite consequences from licensed operations. The proposed rule specified I that the records used by the licensee to demonstrate compliance with the public dose limits and limits on waste disposals were to be forwarded to the NRC prior to license termination, or to the new owner if licensed operations were to contin'se at the site, under a new or amended license. While it is t
unlikely there will often be a need for such information, there may be circumstances where it will be necessary for the NRC or other government agencies to evaluate the effects of licensed operations on the environment.
While it is correct that other information would also be needed to perform an environmental analysis, access to such records would be useful in the evaluating potential sources of contamination. In response to concerns raised by the commenters that the costs of retaining these records was greater than any benefit derived, the final rule has been revised to only require the transfer of records needed for decommissioning to the new licensee in the eventthatlicensedoperkionsvouldcontinueatthesite. Records pertaining to public dose and waste disposal, currently required under 6 6 20.7207 and 20.2108, respectively, are to be forwarded to the NRC prior to license transfer, re-assignment, or termination. Since these records are already required to be retained by each licensee until license termination, the burden to licensees to forward these records to the NRC would be minimal. This will 3
Jl
'/
limit the burden on licensees that take over a site that has not been re for unrestricted use, in that, the new licensee will only be rtquired to keep Access 'to the records pertaining to those records needed for decomissioning.
decomissioning would be needed by the new licensee to develop a site characterization plan.
The NRC has re-evaluated the impact of this regulation in the Regulatory Analysis. The burden associated with this rulemaking will not be significant and the records required to be transferred are the records that the licensee in addition, the is already required to retain until license termination, final rule limits the number of licensees affected to only those licensees that are required to have decommissioning funding assurance (i.e. licensees Using this criteria the that have a potential for significant contamination).
numberoflicenseesaffectedbythisrulemakinghasdecreasedfrom(1 b in y the proposed rule to 330 in the final rule,
- 2. Agreement State Compatibility Comment: One commenter stated that there was no basis for a Division 2 level of compatibility. They referred to the Federal Register notice on the proposed rule, which states these rules are "...needed to provide sufficient information to a new licensee and to evaluate offsite consequences from As j previous licensee activities and to decommission the site effectively."
stated in issue 1 above, this commenter also concluded that the utility of these records was questionable.
In addition, the commenter stated that other costs associated with the proposed rule have not been considered such as costs associated with 4
1 1
[pc c a s; afi 2 ff zq p mLv llNN YDA
. responsible for institut nal control, or the cognizant regulatory body would )try n 3
ensure that adequate information will be available to carry out the f_lW (
aforementioned activities.
{j The costs of the revised rule would be incurred from transferring records to a new licensee, disposal site owner, party responsible for institutional control, or forwarding records to the cognizant regulatory body.
The records included in the revised rulemaking are already required to be maintained until license termination, in assessing these costs an assumption was made that all 330 NRC materials licensees would be affected by the rule f
although, in practice, the rule is expected to significantly impact only
- materials licensees that are required to have decommissioning funding assurance. h The NRC's license Management System (LMS), a database of NRC materials licensees, was queried to verify this assumption and determine the number of NRC licensees that would be affected by this rule.
Based on the information available for 1994 it was determined that an estimated 330 licensees were required to have decommissioning funding assurance and would therefore be '
affected by the rule. A second query was performed on the LMS to determine the number of af fected licensees of this 330 thatu terminated or transferred
. l their licenses in 1994, these numbers are 17 and 3 respectively. An assumption was made regarding the number of Agreement State (AS) licensees that would be affected by this rule using a two-to-one ratio of AS licensees i to NRC licensees. i Therefore
- v .. the numbers
.o of AS licensees that would terminate or transfer annually are 34 and 6, respectively, if the number of affected NRC licensees is added
., i to the number of affected AS licensees the annual totals are 51 and 9 respectively, it may be assumed that one low-level waste 4
i I
Once the records pertaining to decommissioning, public dose, and waste disposal are received by the cognizant regulatory body they will have to be indexed, verified for relevancy by technical staff and then sent for storage.
As can be seen from Table 7 below the cost incurred by the cognizant regulatory body would be $304 per licensee affected by the rule or $18,848 ,
,us -
f c.
for the 62 licensees annually af f ected by the rule. , ul
/*s TABLE 7 COSTS INCURRED BY REGULATORY BODY Cognitant Regulatory Itody Hours / Licensees Technical Clerical Action ttcentre Affected by Staff Staff Rule ($$?/ hour) (l?O/ hour)
Vertfy and incin Records 4.5 t? 14.508.00 Rete t ve d Preparc Records f or 2,$ 02 3,100.00 f ransf er to Headquarters Frenare Rec ords for storage 1.0 62 1,740.00 Subtotal 14,508.00 4,340.00 Total 18,848.00 .
A summary of the costs of the above amendments for the affected ~7
/V d SL .
licensees is estimated to be $% Ff0. This summary is presented in Table 8.
The annual cost to the cognizant regulatory body to index, verify and e' ore .
the records is estimated to be $18,848. It should be noted that tht. or,oes .
r' " , 'i presented in Table 8 are only in 1994 dollars for one year. Discounting the values at a 7% rate over a 25 year time period to illustrate the long term effect of this rule results in the a burden to the NRC of $219,579 allocated to cover the annual expenditure of $16,848. This value is expressed as a discounted flow of future funds. The burden for the licensees affected by 12
i
- b 1
jp3 L c>
this rule would be $190,128 rule. for the 62 licensees affected annually by this Per licensee this burden is $3,066.
- 457 TABLE 8 10TAL
===xemz a _ ANNVAL _ - . '- % m_w_ IMPLEMENTATION
_ --- OLLARS)*COSTS FOR T
- p --
i===w- -
Agreement State MC licensees Licensees All Lttentees (30 35(o), 40 36(f),fransfer of Dette wtssioning Records to hew licensee g 10.?5(o), 17. 30(d ) )' 1116 556 -* =*- 7 40 4?lj)(4), 70 38())(4),lotwarding of Decmentssioning Records to hRC (30 36(j)(4) 77.54(1)(3))' ,
3677 1936
5,508 ,
hRC (30. 51(d), 40.f>l(d),f orcarding posal of Deseto knords and Records of Vaste Dis 10 Silb)(f:), 77 80f e))' 4320 T160 6,480 ,
'}DitposalSiteOwner transfer of Rt. cords Required t>y 66 Cl bO(c) o the and (f) t a 186' IF6
{ 1ransf er of Records Reavired tiy l'ar ty Respor'sible f or 66 0100fe) and (f) to the
_t he C onesi s s i on l'r t or Institutional tare and a tory sent to IP6 t o l ic erit.e letminat ion 1%
i .* ,
10141 M16 4}1_
M( '
Il f 90N i
\.
\
't h -
o
'These values are only in 1994 do llars.
'There are no Part 72 Agreement State licensees .
' Licensee may either Agreem k ent State or NRC licensee. ~
p '3 l
l
/
- b. Impacts on Other Requirements l/
There may be a potential impact on the materials inspection program to accommodate the resources to review and index incoming records. Any re-allocation of inspection resources would be confined to the non-core portion of the inspection program. Sending the records to the i1RC or Agreement State relieves the licensee of the burden of having to review, index, and store them,
- c. Constraints None anticipated.
5.0 Decision Rationale 5.1. No Action The lack of specificity as to whether licensees should transfer certain records to the new licensee if licensed activi ies will continue at the same site under a new or amended license and the s has not been released for -
unrestricted use, and should forward certain records to the NRC prior to license transfer, assignment, or termination have resulted in instances where there have been insufficient records to accurately assess the risks from a i
previous licensee's operation and to develop a site charactcrization to I
decommission the site effectively, for these reasons, the alternative of no action is judged to be not viable.
5.2 Amendment of licenses l
This alternative is not viable because issuance of license amendments for every licensee would result in repetitive ef forts and inefficient use of 14 J
1' l**
Conunission and licensee staf f time.
With approximately 330 licensees affected by this rule, including those in the Agreement States holding n.aterials licenses, the cost to the f4RC to amend all 330 affected licensees f
/ would be 518,480, as compared to $11,160 to index, review, and store the records. The 518,480 value is assuming 1.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> of clerical time at
$20/ hour and 0.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> technical time at $52/ hour to prepare and review each amendment. Each time a new license is issued this cost will have to be added to the preparation of the license and could result in inconsistent application of policy.
5.3 Use of Regulatory Guides As noted above, the lack of a firm regulatory basis f or disposition of records increases difficulties associated with a case-by-case approach.
While regulatory guides could be developed regarding records disoosition, regulatory guides do not have the force of regulation in compelling licensees to take the desired action. t l <
0 '2 L
(
/ '
hf (
,,,I.
,[;,k 4 -r 5.4 Amendment of Regulat, ions This alternative provides the most viable means to ensure that the applicable records will be available when needed at the least cost. The cost
.t'o the NRC to amend all 330 licenses affected by the rule is $18,480, as h obol compared to $11,160,*the cost of indexing, reviewing, and storing the records
, /
s- for the,62 licensees that may terminate or transfer their licenses each year, for this reason, the staff believes that codifying records retention requirements for license transfers, assignments, and terminations provides the best assurance that licensees will retain / transfer the appropriate records.
15