ML20217K608
| ML20217K608 | |
| Person / Time | |
|---|---|
| Issue date: | 08/13/1997 |
| From: | Jim Hickey NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Morris V CINCINNATI, UNIV. OF, CINCINNATI, OH |
| Shared Package | |
| ML20217K611 | List: |
| References | |
| FRN-61FR29636, REF-WM-3, RULE-PR-30, RULE-PR-40, RULE-PR-72 NUDOCS 9708150323 | |
| Download: ML20217K608 (7) | |
Text
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\...../ August 13, 1997 Ms. Victoria Morris, Radiation Safety Officer Radiation Safety Lab University of Cincinnati PO Box 670591 Cincinnati, OH 45267-0591 SUBJECT; APPLICATION OF 10 CFR 30.36 (d)(2)
Dear Ms. Morris:
I am responding to your April 17,1997, letter regarding the U.S. Nuclear Regulatory Commission's interpretation of 10 CFR 30.36. You specifically question the notification requirements stated in 10 CFR 30.36 (d)(4). This section states that licensees must notify NRC within 60 days if, 'no principal activities have been conducted for a period of 24 months 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." Your letter indicates that the University of Cincinnkti interprets Section 30.36(d)(2) to mean that "the NRC only had to be notified if a licensed location had not been used for 24 months and the contamination levels were such that it did not meet the requirements of an unrestricted area, as listed on the license."
NRC has received many questions regarding implementation of the " Timeliness in Decommissioning of Material Facilities" Rule (Timeliness Rule). To address these questions, NRC has recently completed a detailed exarnination of the intent of the rule and its associated language. The Timeliness Rule requires licensees to notify NRC within 60 days of the following:
f
- 1. The license has expired (30.36(d)(1)).
l
- 2. Deciding to permanently cease principal activities at the entire site (30.36(d)(2)).
- 3. Deciding to permanently cease principal activitits at any separate building or outdoor area /M./fg that contains residual radioactivity such that the building or outdoor area is unsuitable for release in accordance with NRC requirements (30.36(d)(2)). vjlf ' /
- 4. No principal activities have been conducted under the license for a period of 24 months 7#V (30.36(d)(3))." !
' 5. No principal activities have been conducted for a period of 24 months in any separate !
building or outdoor area that contains residual radioactivity such that the building or outdoor l area is unsuitable for release in accordance with NRC requirements (30.36(d)(4)). j l
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4 V. ' Morris 2 l 9 4 l
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, NRC's radiological criteria for unrestricted use are identified in the " Action Plan to Ensure Timely Remediation of Sites Listed in the Site Decommissioning Management Plan,"(Action Plan) 57 813389, April 16,1992. The Action Plan references:
- 1. Policy and Guidance Directive FC 83 23. " Guidelines for Decontamination of Facilities and Equipment Prior to Release for Unrestricted Use or Termination of Byproduct, ,
Source and Special Nuclear Material Licenses," November 14,1983;
- 2. Regulatory Guide 1.86, " Termination of Operating Licenses for Nuclear Reactors," June 1974;
- 3. Options 1 and 2 of the Branch Technical Position, "Dispmal or Onsite Storage of Thorium and Uranium Wastes from Past Operation," 46 8 52601, October 23,1981;
- 4. 40 CFR Part 141, National Primary Drinking Water Regulations; and
- 5. EPA's " Radiation Dose Guidelines for Protection Against Transuranium Elements Present in the Environment as a Result of Unplanned Contamination."
NRC recently published its " Rule on Radiological Criteria for License Termination" to provide specific radiological enteria for the decommissioning of lands and structures. When this rule is fully implemented, it will supersede the above criteria.
Your letter also identifies several buildings which have not been used for licensed activities during the previous 24 months. You indicate that the buildings have been surveyed and are being used for unrestricted use or are labeled with caution signs as required by the license.
The Timeliness Rule does not make allowances for restricted release or the establishment of restricted areas. Therefore, unless your license specifies residual contamination limits for decommissioning (not operations) which are different from those i6entified in the Action Pla.n.
decommissioning is required for those buildings with residual contamination levels exceeding the limits specified in the Action Plan for unrestricted use.
If you have any questions regarding this letter, please contact John Hickey at 301-415-7234.
Sincerely,
[0riginal signed by T.C. Johnson for]
JohnW. N. Hickey, Chief Low Level Waste and Decommissioning Projects Branch Division of Waste Management Offico of Nuclear Material Safety and Safeguards TICKET: NMSS-9700188 DISTRIBUTION. Central File LLDP r/f DWM r/f DWM t/f ACNW CPoland NMSS r/f PUBLIC EBrummett RNelson TCJohnson Path cnd File Name: s:\dwm\lldp\pb\ Morris *see previous concurrence OFC LLDP LLDP LicDP OGC IMNS NAZE JBuckley* LBell* 3idc#
ke h RFonner* DCoot*
JATE 7/17/97 7/17/97 7/18 /9h 7/29/97 8/5 /97 OFFICIAL RECORD COPY ACNW' YES 1 NO _ Category: Proprietary _ or CF Only _
IG : YES _ NO 1 LSS : YES 1 NO _ Delete file after distribution: Yes 1 No _
- s.
- i V. Moms 2 NRC's radiological criterla for unrestricted use are identified in the " Action Plan to Ensure Timely Remediation of Sites Listed in the Site Decommissioning Management Plan,"(Action Plan) 57 813389, April 16,1992. The Action Plan references:
- 1. Policy and Guidance Directive FC 83-23. " Guidelines for Decontamination of Facilities and Equipment Prior to Release for Unrestricted Use or Termination of Byproduct, Source and Special Nuclear Material Licenses," November 14,1983; 2, Regulatory Guide 1.86, " Termination of Operating License . . >r Nuclear Reactors," June 1974;
- 3. Options 1 and 2 of the Branch Technical Position " Disposal or Onsite Storage of Thorium and Uranium Wastes from Past Operation," 46 8 52601, October 23,1981; 4, 40 CFR Part 141, National Primary Drinking Water Regulations; and
- 5. EPA's " Radiation Dose Guidelines for Protection Against Transuranium Elements Present in the Environment as a Result of Unplanned Contamination."
NRC recently published its " Rule on Radiological Criteria for License Termination" to provide specific radiological enteria for the decommissioning of lands and structures. When this rule is fully implemented, it will supersede the above criteria.
Your letter also identifies several buildings which have not been used for licensed activities during the previous 24 months. You indicate that the buildings have been surveyed and are being used for unrestricted use or are labeled with caution signs as required by the license.
The Timeliness Rule does not make allowances for restricted release or the establishment of restricted areas. Therefore, unless your license specifies residual contamination limits for decammissioning (not operations) which are different from those identified in the Action Plan, decommissioning is required for those buildings with residual contamination levels exceeding the limits specified in the Action Plan for unrestricted use.
if you have any questions regarding this letter, please contact John Hickey at 301-415-7234.
Sincerely, w ..
, ja( (Af% SY dohn W. N. Hickey, Chief Low-Level Waste and Decommissioing Projects Branch Division of Waste Management Office of Nuclear Material Safety and Safeguards
V.[ Morris 2 I NRC's radiological criteria for unrestricted use are identified in the " Action Plan to Ensure ,
Timely Remediation of Sites Listed in the Site Decommissioning Management Plan,"(Action Plan) 57 EB 13389, April 16,1992. The Action Plan references:
/
- 1. Policy and Guidance Directive FC 83-23," Guidelines for Decontamination of Facij!tles l and Equipment Prior to Release for Unrestricted Use or Termination of Byprod ct, l Source and Special Nuclear Material Licenses," November 14,1983; l
1
- 2. Regulatory Guide 1.86, " Termination of Operating Licenses for NuclearReactors," June 1974;
~
- 3. Options 1 and 2 of the Branch Technical Position " Disposal or,0nsite,Sto' rage of l Thorium and Uranium Wastes from Past Operation," 46 EB 5260kOctober 23,1981; )
,//
- 4. 40 CFR Part 141, National Primary Drinking Water Regplations; and
- S. EPA's " Radiation Dose Guidelines for Protection'A st Transuranium Elements lantied Contamination."
Present in the Environment / as a Result of,Urip/
NRC anticipates publication of a " Rule on Radiological Criteria for License Termination" to provide specific radiological criteria for the' decommissioning of lands and structures, in the near future. /
/
Your letter also identifies several buildings which have not been used for licensed activities during the previous 24 months., You indicafe that the buildings have been surveyed and are being used for unrestric'ed use or are lab'eled with caution signs as required by the license.
The Timeliness Rule does not make allowances for restricted release or the establishment of restricted areas. Thereford, unless,y'our license specifies residual contamination limits for decommissioning (not operations)which are different from those identified in the Action Plan, decommissioning is required fo,r those buildings with residual contamination levels exceeding the limits specified in the Action Plan for unrestricted use.
/ /
if you have any questions regarding this letter, please contact John Hickey at 301-415-7234.
p
/ Sincerely,
/ ,/
/ /
John T. Greeves, Director j
/ / Division of Waste Management
/ /j Office of Nuclear Material Safety
,' / and Safeguards TICKET: ,NMSS 9700188 h,g DISTRIBUTION: Central File LLDP r/f DWM r/f DWM t/f ACNW
,CPoland NMSS r/f PUBLIC EBrumrnett RNelson TCJohnson jfg/f f
Path rnd File Name: s:\dwm\lldp\jtb\ Morris *seg previous concurrence
! OFC / LLDP LLDP L(DP, hb _ IMNS4 // DWM NNCE /
JBuckley*
LBell* bckey*
h i,lh JGreeves l HATE 7/17/97 7/17/97 7 18/97 7d[/97 7/ f/97 7/ /97 OFFICIAL RECORD COPY AC W: YES 1 NO _ Category: Proprietary _ or CF Only _
1,G : YES _ NO 1
[.SS:YES 1 NO _ Delete file after distribution: Yes 1 No _
l i
l
'. V. 'Morrb 2 I NRC's radiological criteria for unrestricted use are identified in the " Action Plan to Ensure Timely Remediation of Sites Listed in the Site Decommissioning Management Plan,"(Action Plan) 57 FR 13389, April 16,1992. The Action Plan references:
- 1. Policy and Guidance Directive FC 83-23, " Guidelines for Decontamination of Facilities and Equipment Prior to Release for Unrestricted Use or Termination of Byproduct, Source and Special Nuclear Material Licenses," November 14,1983;
- 2. Regulatory Guide 1.86," Termination of Operating Licenses for Nuclear Reacters," June 1974; /
- 3. Options 1 and 2 of the Branch Technical Positi " Disposal or Onsite Storage of Thorium and Uranium Wastes from Past Opdration," 46 FR 52601, October 23,1981;
/
- 4. 40 CFR Part 141, National Primary Drinking Water Regulations; and
- 5. EPA's " Radiation Dor.e Guidelines for rotection Against Transuranium Elements Present in the Environment as a Re'sult of Unplanned Contamination."
/
NRC provideanticipates publication specific radiological criteria of a " decommissioning fo the Rule [on Radiological Critoria of lands and for License structures, in the nearTermination
, future.
Your letter also identifies several uildings which have not been used for licensed activities during the previous 24 months / You indicate that the buildings have been surveyed and are being used for unrestricted use or are labeled with caution signs' as required by the hcense.
The Timeliness Rule does not make allowances for restricted release or the establishment of restricted areas. Therefore, unless your license specifies residual contamination limits for decommissioning (not operations) which are different from those identified in the Action Plan, decommissioning is required for those buildings with residual contamination levels exceeding the limits specified in he Action Plan for unrestricted use.
if you have any questions regarding this letter, please coritact John Hickey at 301-415-7234.
/
,/ Sincerely, John T. Greeves, Director
/ Division of Waste Management Office of Nuclear Material Safety and Safeguards
- TICKET: NMSS 9700188 QlSTRIBUTION: Central File LLDP r/f DWM r/f DWM t/f ACNW CPoland NMSS r/f PUBLIC EBrummett DCool RNelson
- f TCJohnson gP th cnd File Name
- s:\dwm\lldp\jtb\ Morris *se,e previous concurrence OFC LLDP . LLDP LLDP OGC DWM NAME JBuqhy* LBell* JHickey* RFonner JGreeves DATE 7/17/97 7/17/97 7/18/97 7/ /97 7/ /97 OFFICIAL RECORD COPY ACNW: YES 1 NO _ Category: Proprietary _ or CF Only _
IG : YES _ NO 1. l
V.' Morris 2 9'
NRC's radiological criteria for unrestricted use are identified in the " Action Plan to Ensure Timely Remediation of Sites Listed in the Site Decommissioning Management Plan,"(Actio 7
l
- Plan) 57 FR 13389, April 16,1992. The Action Plan references:
- 1. Policy and Guidance Directive FC 83 23," Guidelines for Decontamination of facilities and Equipment Prior to Release for Unrestricted Use or Termination of Byproduct, Source and Special Nuclear Material Licenses," November 14,1983;
- 2. Regulatory Guide 1.86," Termination of Operating Licenses for Nuclear Reactors," June 1974;
- 3. Options 1 and 2 of the Branch Technical Position " Disposal,or Onsite Storage of Thorium and Uranium Wastes from Past Operation," 46 F 52601, October 23,1981;
- 4. 40 CFR Part 141, National Primary Drinking Water R ulations; and
- 5. EPA's " Radiation Dose Guidelines for Protection inst Transuranium Elements Present in the Environment as a Result of Unplanned Contamination "
NRC anticipates publication of a " Rule onforRadiologica/
l Criteria License Termination" to provide specific radiological criteria for the decomrrfissioning of lands and structures, in the near future. /
Your letter also identifies several buildings wh have not been used for licensed activities during the previous 24 months. You indicate that the buildings have been surveyed and are being used for unrestricted use or are labeled with caution signs as required by the license.
4 The Timeliness Rule does not make alidwances for restricted release or the establishment of restricted areas. Therefore, unless yo'ur license specifies residual contamination limits for decommissioning (not operations),which are different from those identified in the Action Plan, decommissioning is required for those buildings with residual contamination levels exceeding the limits specified in the Actio Plan for unrestricted use.
If you have any questions regarding this letter, please contact John Hickey at 301-415-7234.
/
Sincerely,
,/
/
John T. Greeves, Director
/ Division of Waste Management
/ Office of Nuclear Material Safety
/ and Safeguards TICKET: NMSS 9700188 DISTRIBUTION: Central File LLDP r/f DWM r/f DWM t/f ACNW NMSS r/f / PUBLIC EBnJmmett DCool RNelson TCJohnson Path cnd File Name;'s:\dwm\lldp\jtb\ Morris ,
OFC LLk O LLDPX Ltd/1 DWM NMSS NA"E JBbibe'y /h Nckey JGreeves CPaperiello DATE .- [97 7/f Y/097 7/h97 7/ /97 7/ /97
. OFFICIAL RECORD COPY ACNW: YES 1 NO _ Category: Proprietary _ or CF Only _
IG : YES . _ NO 1 LSS : YES 1 NO _ Delete file after distribution: Yes 1 No _