ML20236V453
| ML20236V453 | |
| Person / Time | |
|---|---|
| Issue date: | 07/09/1998 |
| From: | Lieberman L NRC OFFICE OF ENFORCEMENT (OE) |
| To: | Miller H, Paperiello C, Reyes L NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| References | |
| EGM-98-005, EGM-98-5, NUDOCS 9808030199 | |
| Download: ML20236V453 (5) | |
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July 9, lh9$ 'M i4 El 9: 05 FUBLIC DOCUMajI ROOM EGM 98-005 MEMORANDUM TO: Hubert J. Miller, Regional Administrator Region i Luis A. Reyes, Regional Administrator Region ll CarlJ. Paperiello, Acting Regional Administrator Region lli Ellis W. Merschoff, Regional Administrator Region IV Roy Zimmerman, Associate Director for Projects, NRR 1
Brian W. Sheron, Acting Director for Technical Review, NRR Elizabeth O. Ten Eyck, Director, Division of
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Fuel Cycle Safety and Safeguards, NMSS l
Frederick C. Combs, Acting Director, Division of industrial and Medical Nuclear Safety, NMSS 1
John T. Greeves, Director, Division of Waste Management, NMSS 3
FROM:
James Lieberman, Director Office of Enforcement
SUBJECT:
ENFORCEMENT GUIDAN E MEMORANDUM - GUIDANCE FOR DISPOSITIONJNG VIOLATIONS OF THE TIMELINESS IN DECOMMISSIONING OF MATERIAL FACILITIES RULE (Enforcement Manual, Section 8.6)
This Enforcement Guidance Memorandum (EGM) is being issued in coordination with NMSS to j'
provide enforcement guidance for violations that are identified during inspections or records reviews conducted to determine compliance with the rulemaking on " Timeliness in Decommissioning of Material Facilities' for materials licensees (hereafter known as the Timeliness Rule,59 FR 36026-36040, July 15,1994).
I.
Failure to Notify NRC pursuant to 10 CFR 30.36(d)
A failure to notify NRC pursuant to 10 CFR 30.36(d) should be dispositioned as a Severity Level IV violation provided that the failure is not willful and there are no other decommissioning violations for which escalated enforcement action may be taken. Use D
standard citation 30-36a (Attachment 2). If the licensee is not responsive to the Notice of Violation, the issue should be paneled with the Office of Enforcement (OE) to determine a further course of action.
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r Multiple Addressees If the failure to notify may be willful or if there are additional decommissioning violations for which escalated enforcement action may be taken, refer to Section ll, below.
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Neig: Licensees are not required to notify NRC when a decision is made to permanently cease principal activities in any separate building or outdoor area tLitAE the separate building or outdoor area contains residual radioactivity such that the building or outdoor area is unsuitable for release in accordance with NRC requirements. Also, Licensees are not required to notify NRC when no principal activities have been conducted for a period of 24 months in any separate building or outdoor area unless the separate building or outdoor area contains residual radioactivity such that the building or outdoor area is unsuitable for release in accordance with NRC requirements.
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II. Processing Other Violations EGM 97-007 discussed dispositioning violations of the Clarification of Decommissioning Funding Assurance Rule (Clarification Rule,60 FR 38235, July 26,1995). Violations of the Timeliness Rule are similar. Therefore, for violations of the Timeliness Rule that may involve escalated enforcement action, the guidance in EGM 97-007 should be followed for contacting the licensee, providing notice of the apparent violation (s) in a letter to the licensee, and paneling the enforcement sanction with OE. As per EGM 97-007, appropriate Regional and Division of Waste Management staff should participate -
during the panel.
Standard Citations for violations of the Timeliness Rule are attached. Also attached is a revised Cover Letter Transmitting an Apparent Violation of a Decommissioning Requirement as a Result of a Records Review and Requesting Response (formerly Standard Form 2-1, redesignated Standard Form 1-Ill). The format has been revised slightly to eliminate the specific references to decommissioning funding, so that the format is also applicable to decommissioning timeliness. If the violation was identified as a result of an inspection, as opposed to a records review, the cover letter should be modified accordingly. For appropriate phrases to refer to an inspection, as opposed to a records review, see Standard Form 1 1 in the Enforcement Manual.
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Compilance Dates The Timeliness Rule amended 10 CFR Parts 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 cessation in licensea operations, establishes requirements for when decommissioning plans need to be submitted, and establishes requirements for completing decuinmissioning activities. The regulations also allow licensees to request relief from the timing of requirements where justified. There are three general compliance dates associated with the Timeliness Rule for many licensees:
1.
August 15,1996 - If principal activities ceased and written notification was made to NRC prior to the effective date of the Timeliness Rule (August 15,1994), then August 15,1994 is considered to be the date for initiating the decommissioning
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b Multiple Addressees process. Therefore, for these licensees, the decommissioning process should have been completed by August 15,1996.
2.
September 15,1996 - If princyal activities ceased prior to 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. Written requests from licensees under section 30.36(f) to delay the decommissioning process set forth in section 30.36(d) should have been submitted to the NRC within 30 days of August 15,1996, which is September 15,1996.
3.
October 15,1996 - if principal activities ceased prior to the effectivs 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; therefore the licensee should have provided written notification to the NRC within 60 days of August 15,1996, which is October 15,1996.
The Timeliness Rule should be consulted to determine additional compliance requirements for certain specific situations.
IV.
Storage Only Licenses There are two different types of licenses where the authorized activity is " storage only."
' The Timeliness Rule applies differently depending on the type of " storage only" license, as follows:
- A.
In the first type, storage historically was not a principal activity authorized by the license; however, the license has been amended to authorize " storage only" as a result of some difficulty regarding the transfer or disposal of the material. Storage under these circumstances is n,. 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 not triggered, because there is no principal activity to cease. For these licensees, decommissioning issues should be addressed when the license comes up for renewal. As always, ccacerns about such licensees also l-may be addressed through Demands for Information, Confirmatory Action Letters, Orders,'etc. Such concerns, which may involve insolvency, lack of security and control, etc., should be discussed on the weekly OE panel for the respective region.
The Division of Waste Management will participate.
B.
In the second type, storage of material historically has been the principal activity conducted by the licensee, who did not engage in an activity that produced or used i
the material in storage. In such cases, storage should be treated as the principal activity under' the license. Thus, the notification and decommissioning
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requirements in 10 CFR 30.36(d)(2)-(4) would apply, but would be triggered only if the licensee ceases storage (i.e., transfers the material).
Questions concoming an NRC position on the Timeliness Rule should be referred to the i
Division of Waste Management, NMSS.
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Multiple Addressees Attachments:
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- 1. EGM 97-007
- 2. Standard CF.ations for Timeliness in Decommissioning
- 3. Standard Form 1-lll cc:
L. Callan, EDO H. Thompson, DEDR A. Thadani, DEDE S. -Collins, NRR
The Chairman The Commissioners SECY i
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Distnbution:
j JLieberman,' OE 1
OE Staff Enforcement Coordinators Rl, Rll, Rlli, RIV EGM File' Day File web (2 wk delay) 5 #g public (2 wk delay) e-mail to coordinators 1
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