ML23072A082

Watermarked - RG 1.185 Revision 2 - Standard Format and Content for Post-Shutdown Decommissioning Activities Report (02/14/2024)

ML23072A082
Person / Time
Issue date:	01/31/2024
From:	Marlayna Vaaler Doell Reactor Decommissioning Branch
To:
Edward O'Donnell 301-415-3317
References
NRC-2015-0070, RIN 3150-AJ59, DG-1349, Rev 1 RG-1.185, Rev 2
Download: ML23072A082 (29)

Text

DISCLAIMER:

This document is a pre-decisional draft for information purposes only.

The U.S. Nuclear Regulatory Commission (NRC) is making this document publicly available concurrent with the Commissions review of SECY-24-0011, Final Rule: Regulatory Improvements for Production and Utilization Facilities Transitioning to Decommissioning (ADAMS Accession No. ML23258A200).

The NRC is not seeking public comment on this document.

Please note that direction from the Commission related to the final rule may result in changes to this document.

U.S. NUCLEAR REGULATORY COMMISSION REGULATORY GUIDE 1.185, REVISION 2 Issue Date: Month 20XX Technical Lead: Marlayna Doell Written suggestions regarding this guide may be submitted through the NRCs public website in the NRC Library at https://www.nrc.gov/reading-rm/doc-collections/reg-guides/index.html, under Document Collections, in Regulatory Guides, at https://www.nrc.gov/reading-rm/doc-collections/reg-guides/contactus.html, and will be considered in future updates and enhancements to the Regulatory Guide series. During the development process of new guides suggestions should be submitted within the comment period for immediate consideration. Suggestions received outside of the comment period will be considered if practical to do so or may be considered for future updates.

Electronic copies of this RG, previous versions of RGs, and other recently issued guides are also available through the NRCs public website in the NRC Library at https://www.nrc.gov/reading-rm/doc-collections/reg-guides/index.html/ under Document Collections, in Regulatory Guides.

This RG is also available through the NRCs Agencywide Documents Access and Management System (ADAMS) at https://www.nrc.gov/reading-rm/adams.html, under ADAMS Accession No. ML23072A082. The regulatory analysis is associated with a rulemaking and may be found in ADAMS under Accession No. ML23258A202. The associated draft guide DG-1349, Revision 1, may be found in ADAMS under Accession No. ML21347A138, and the staff responses to the public comments on DG-1349, Revision 1, may be found under ADAMS Accession No. ML23258A201.

STANDARD FORMAT AND CONTENT FOR POST-SHUTDOWN DECOMMISSIONING ACTIVITIES REPORT A. INTRODUCTION Purpose This regulatory guide (RG) provides guidance on the types of information that the post-shutdown decommissioning activities report (PSDAR) should contain and establishes a standard format for the PSDAR that the U.S. Nuclear Regulatory Commission (NRC) staff considers acceptable.

Applicability This guide applies to holders of operating licenses for nuclear power reactors subject to Title 10 of the Code of Federal Regulations (10 CFR) Part 50, Domestic Licensing of Production and Utilization Facilities (Ref. 1), and combined licenses subject to 10 CFR Part 52, Licenses, Certifications, and Approvals for Nuclear Power Plants (Ref. 2).

Applicable Regulations 10 CFR Part 20, Standards for Protection against Radiation (Ref. 3), provides the radiological release criteria and radiological protection requirements applicable during decommissioning, specifically in Subpart E, Radiological Criteria for License Termination.

10 CFR Part 50 provides the regulations for licensing production and utilization facilities, including specific requirements related to the decommissioning of such facilities.

o 10 CFR 50.2, Definitions, provides definitions.

o 10 CFR 50.4, Written communications, provides the requirements for written communications.

Pre-Decisional

RG 1.185, Rev. 2, Page 2 o 10 CFR 50.47, Emergency plans, provides emergency planning requirements.

o 10 CFR 50.54, Conditions of licenses, provides the conditions for a license.

o 10 CFR 50.59, Changes, tests, and experiments, provides the requirements for making changes to a facility without prior NRC approval under certain circumstances.

o 10 CFR 50.71, Maintenance of records, making of reports, provides the requirements for maintaining records and making reports.

o 10 CFR 50.75, Reporting and recordkeeping for decommissioning planning, provides the requirements for reporting and recordkeeping for decommissioning planning, including the requirements for reporting on decommissioning funding assurance.

o 10 CFR 50.82, Termination of license, provides the requirements for terminating a license, including a requirement for nuclear power reactor licensees to submit a PSDAR.

10 CFR 50.82(a)(4)(i) specifically requires submission of a PSDAR.

o 10 CFR 50.200, Power reactor decommissioning emergency plans, provides alternative emergency planning requirements for a facility that is transitoning from operations to decommissioning.

10 CFR Part 51, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions (Ref. 4), provides the requirements for environmental protection.

o 10 CFR 51.53, Postconstruction environmental reports, provides the requirements for the content of postconstruction environmental reports.

o 10 CFR 51.95, Postconstruction environmental impact statements, provides the requirements for the content of postconstruction environmental impact statements.

10 CFR Part 52 governs the issuance of early site permits, standard design certifications, combined licenses, standard design approvals, and manufacturing licenses for nuclear power facilities.

o 10 CFR 52.1, Definitions, provides definitions.

o 10 CFR 52.110, Termination of license, provides the requirements for terminating a license, including a requirement for nuclear power reactors licensees to submit a PSDAR.

10 CFR 52.110(d)(1) specifically requires submission of a PSDAR.

10 CFR Part 72, Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and Reactor-Related Greater than Class C Waste (Ref. 5),

provides, in part, the regulatory requirements for licensing independent spent fuel storage installations (ISFSIs).

10 CFR Part 73, Physical Protection of Plants and Materials (Ref. 6), provides, in part, the physical protection requirements for decommissioning facilities.

Pre-Decisional

RG 1.185, Rev. 2, Page 3 10 CFR Part 140, Financial Protection Requirements and Indemnity Agreements (Ref. 7),

provides, in part, the financial protection requirements for decommissioning facilities.

Related Guidance RG 1.159, Assuring the Availability of Funds for Decommissioning Nuclear Reactors (Ref. 8),

provides guidance on estimating the amount of funds for decommissioning and methods acceptable for demonstrating decommissioning financial assurance.

RG 1.179, Standard Format and Content of License Termination Plans for Nuclear Power Reactors (Ref. 9), provides guidance on the license termination plan (LTP) requirements.

RG 1.184, Decommissioning of Nuclear Power Reactors (Ref. 10), provides overall guidance on the decommissioning process for nuclear power reactors.

RG 1.191, Fire Protection Program for Nuclear Power Plants during Decommissioning and Permanent Shutdown (Ref. 11), provides guidance on a fire protection program for licensees that have certified that their nuclear power plants have permanently ceased operations and that the fuel has been permanently removed from the reactor vessels.

RG 1.202, Standard Format and Content of Decommissioning Cost Estimates for Nuclear Power Reactors (Ref. 12), identifies the type of information that the decommissioning cost estimate (DCE) must contain and establishes a standard set of contents and level of detail for the DCE.

RG 1.235, Emergency Planning for Decommissioning Power Reactors (Ref. 13), provides guidance on an emergency preparedness program for licensees implementing the requirements of 10 CFR 50.200.

RG 4.15, Quality Assurance for Radiological Monitoring Programs (Inception through Normal Operations to License Termination)Effluent Streams and the Environment (Ref. 14), provides guidance on designing and implementing programs to ensure the quality of the results of measurements of radioactive materials in the effluents from, and environment outside of, facilities that process, use, or store radioactive materials, during all phases of a facilitys life cycle.

RG 4.21, Minimization of Contamination and Radioactive Waste Generation: Life-Cycle Planning (Ref. 15), provides guidance to licensees on the steps they can take to minimize contamination and facilitate decommissioning using a risk-informed approach.

RG 4.22, Decommissioning Planning during Operations (Ref. 16), provides guidance on determining whether changes to operations or monitoring programs are needed to comply with 10 CFR Part 20; conducting appropriate radiological surveys, including surveys of the subsurface; and providing adequate funding to complete decommissioning.

RG 4.25, Assessment of Abnormal Radionuclide Discharges in Ground Water to the Unrestricted Area at Nuclear Power Plant Sites (Ref. 17), provides guidance on assessing abnormal discharges of radionuclides in ground water from the subsurface to the unrestricted area at a nuclear power plant site.

NUREG-1577, Standard Review Plan on Power Reactor Licensee Financial Qualifications and Decommissioning Funding Assurance (Ref. 18), describes how the NRC staff will review power Pre-Decisional

RG 1.185, Rev. 2, Page 4 reactor licensees financial qualifications and methods of providing decommissioning funding assurance.

NUREG-1700, Standard Review Plan for Evaluating Nuclear Power Reactor License Termination Plans (Ref. 19), describes how the NRC staff will review LTPs for decommissioning nuclear power reactors.

NUREG-1713, Standard Review Plan for Decommissioning Cost Estimates for Nuclear Power Reactors (Ref. 20), describes how the NRC staff will review site-specific DCEs.

NUREG-1757, Consolidated Decommissioning Guidance (Ref. 21), covers the following:

o Volume 1, Decommissioning Process for Materials Licensees, contains guidance for decommissioning of materials facilities.

o Volume 2, Characterization, Survey, and Determination of Radiological Criteria, provides guidance on compliance with the radiological criteria for license termination in 10 CFR Part 20, Subpart E.

o Volume 3, Financial Assurance, Recordkeeping, and Timeliness, provides guidance on the requirements for financial assurance for decommissioning, and on the recordkeeping requirements related to eventual decommissioning of material facilities.

Purpose of Regulatory Guides The NRC issues RGs to describe methods that are acceptable to the staff for implementing specific parts of the agencys regulations, to explain techniques that the staff uses in evaluating specific issues or postulated events, and to describe information that the staff needs in its review of applications for permits and licenses. Regulatory guides are not NRC regulations and compliance with them is not required. Methods and solutions that differ from those set forth in RGs are acceptable if supported by a basis for the findings required for the issuance or continuance of a permit or license by the Commission.

Paperwork Reduction Act This RG provides voluntary guidance for implementing mandatory information collections covered by 10 CFR Parts 20, 50, 51, 52, 72, 73, and 140 that are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). These information collections were approved by the Office of Management and Budget (OMB), under control numbers 3150-0014, 3150-0011, 3150-0021, 3150-0151, 3150-0132, 3150-0002, and 3150-0039, respectively. Send comments regarding this information collection to the FOIA, Library, and Information Collections Branch, (T6-A10M), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, or by email to Infocollects.Resource@nrc.gov, and to the OMB reviewer at: OMB Office of Information and Regulatory Affairs, (3150-0014, 3150-0011, 3150-0021, 3150-0151, 3150-0132, 3150-0002, and 3150-0039), Attn: Desk Officer for the Nuclear Regulatory Commission, 725 17th Street, NW, Washington, DC 20503; email:

oira_submission@omb.eop.gov.

Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the document requesting or requiring the collection displays a currently valid OMB control number.

Pre-Decisional

RG 1.185, Rev. 2, Page 5 B. DISCUSSION Reason for Revision This revision of RG 1.185 (Revision 2) was issued as part of a rulemaking to amend the Commissions regulations on decommissioning for production and utilization facilities, such as nuclear power reactors. The rulemaking, titled Regulatory Improvements for Production and Utilization Facilities Transitioning to Decommissioning (Volume XX of the Federal Register (FR), page XXXXX (XX FR XXXXX); MM DD, 2024), amended 10 CFR 50.82 and 10 CFR 52.110, along with numerous other regulations, to provide a more efficient process for transitioning from operations to decommissioning, to reduce the need for license amendments and exemptions from existing regulations, and to address other issues identified by the NRC staff so as to streamline and improve the overall decommissioning process.

Since the issuance of Revision 1 of this RG, several licensees have submitted PSDARs for NRC review, as well as license amendment requests with proposed changes to the technical specifications for NRC approval. In reviewing these submittals, the NRC staff has identified areas of the decommissioning process that frequently require clarification or that could be enhanced, including early communication, the level of information in environmental reports, early detection of spills, discussions of the decommissioning strategy and timeline, public involvement opportunities during decommissioning, discussions of the plans for storage of spent fuel, and estimates of decommissioning costs.

Scope of this Regulatory Guide This RG describes methods and procedures that are acceptable to the NRC staff for implementing the regulations related to the content and level of detail in the PSDAR. It also includes suggested best practices and lessons learned based on the decommissioning activities the NRC has overseen to date. It does not contain guidance on the license termination process, which is addressed in RG 1.179.

This RG applies only to power reactor licensees. The decommissioning regulations for nonpower production or utilization facilities and fuel reprocessing plants appear in 10 CFR 50.82(b). The NRC staff discusses the procedures for decommissioning these facilities, in part, in NUREG-1537, Guidelines for Preparing and Reviewing Applications for the Licensing of Non-Power Reactors (Ref. 22), and in the interim staff guidance augmenting NUREG-1537 for licensing radioisotope production facilities and aqueous homogeneous reactors (Ref. 23).

=

Background===

As defined by 10 CFR 50.2 and 10 CFR 52.1, decommission means to remove a facility or site safely from service and reduce residual radioactivity to a level that permits (1) release of the property for unrestricted use and termination of the license or (2) release of the property under restricted conditions and termination of the license. The general requirements for decommissioning, codified, in part, in 10 CFR 50.54, 50.71, 50.75, 50.82, 50.200, 51.53, 51.95, and 52.110, contain technical and financial criteria for decommissioning, including requirements for planning, timing, funding mechanisms, environmental review, emergency preparedness, staffing, recordkeeping, and reporting. After a licensee permanently ceases operations at a power reactor facility and the facility enters decommissioning, there is a transition period to reconfigure the licensing basis and operational approach to reflect the differences between an operating power reactor facility and a power reactor facility in decommissioning.

Decommissioning is governed by the termination-of-license regulations in 10 CFR 50.82 and 10 CFR 52.110, which establish a timeframe for completion of decommissioning, determine which types Pre-Decisional

RG 1.185, Rev. 2, Page 6 of activities require NRC approval before being implemented, state the radiological release criteria that the site must meet to qualify for license termination, outline the appropriate use of decommissioning funds, and set up the enveloping environmental considerations for decommissioning, among other items.

The NRC initially updated the termination-of-license regulations in 1996 (61 FR 39278; July 29, 1996) (Ref. 24) and made additional changes to the decommissioning regulations in 1997 (62 FR 39091; July 21, 1997) (Ref. 25), 2003 (68 FR 19727; April 22, 2003) (Ref. 26), and 2014 (79 FR 66603; November 10, 2014) (Ref. 27). The 1996 rulemaking changed 10 CFR 50.82 to provide licensees with simplicity and flexibility in implementing the decommissioning process. In particular, it removed the requirement that the NRC approve a decommissioning plan before a licensee initiates the decommissioning process. The 1996 rulemaking also clarified ambiguities in the previous decommissioning regulations, codified procedures and terminology that had been used in a number of specific cases, and increased opportunities for the public to learn about licensees decommissioning activities. The changes were designed to establish a level of NRC oversight commensurate with the safety concerns that exist during decommissioning, which are significantly reduced since a decommissioning facility presents much less radiological risk than an operating facility.

In addition to the regulations in 10 CFR 50.82, 10 CFR Part 20 contains regulations related to decommissioning. On June 17, 2011, the NRC issued the Decommissioning Planning Rule (DPR)

(76 FR 35512) (Ref. 28), which amended several regulations, including provisions of 10 CFR Part 20. The DPR requires all licensees to establish operational practices to minimize radiological contamination of the site, and to perform reasonable subsurface radiological surveys. The DPR also sets forth new financial assurance requirements that require more detail in the site-specific DCE submitted with the PSDAR than the cost estimates conducted in accordance with the financial assurance requirements of 10 CFR 50.75.

The ultimate goal of the DPR is for licensees to operate in a manner that minimizes site contamination and to have sufficient funds available to conduct radiological decommissioning, so that they can complete decommissioning effectively and efficiently.

For any licensees that submitted a decommissioning plan before August 28, 1996, the NRC considers the decommissioning plan and the associated environmental review to be equivalent to the PSDAR submittal. Decommissioning plans normally contain sufficient information to satisfy the requirements of the PSDAR. However, to comply with 10 CFR 50.82(a)(7), licensees that have approved decommissioning plans must submit updates for any activities not considered in their original decommissioning plans. The NRC also encourages licensees to replace their decommissioning plans with a PSDAR update that uses the content and level of detail specified in this RG.

Description of the PSDAR and Submittal Process The purpose of the PSDAR is to provide the NRC, the affected State(s), local officials, and members of the public with a general overview of the licensees proposed decommissioning strategy to complete decommissioning within the 60-year timeframe established by 10 CFR 50.82(a)(3) and 10 CFR 52.110(c). The PSDAR also provides information on the planned decommissioning and spent fuel management activities before they take place, and informs the NRC staff of the licensees expected schedule for these activities so that the staff can plan for inspections and the application of other staff resources, as well as make decisions about the NRCs overall oversight activities. The PSDAR is also a mechanism through which licensees demonstrate that they have considered all the costs of the planned decommissioning and spent fuel management activities, addressed the funding necessary for the decommissioning and spent fuel management process, and evaluated the environmental impacts of the planned decommissioning activities before they take place. In general, the NRC does not expect the PSDAR to contain information so detailed as to constitute sensitive or business confidential information.

If the licensee determines that proprietary or business confidential information is in fact necessary to Pre-Decisional

RG 1.185, Rev. 2, Page 7 support the discussion in the PSDAR (e.g., if company-specific considerations inform the assumptions underlying the site-specific DCE), a redacted version of the PSDAR should be submitted that can be made publicly available.

The regulations at 10 CFR 50.82(a)(4)(i) and 10 CFR 52.110(d)(1) require licensees to submit a PSDAR to the NRC, and to send a copy to the affected State(s), before or within 2 years after permanent cessation of operations. The PSDAR must include a description of the licensees planned decommissioning activities, a schedule for their accomplishment, and a site-specific DCE that includes the projected cost of managing spent fuel. The PSDAR must also discuss the licensees planned actions for managing spent fuel until title to, and possession of, the spent fuel is transferred to the U.S.

Department of Energy (DOE), and how those actions will be consistent with the NRC requirements for licensed possession of spent fuel. If any planned actions for managing spent fuel during decommissioning require prior NRC authorization, the licensee must identify such actions and state whether it has already submitted requests for the necessary NRC approval, or provide a schedule for when it will do so.

The PSDAR must also discuss whether the environmental impacts associated with site-specific decommissioning activities will be bounded by appropriate federally issued environmental review documents and include the reasons for reaching that conclusion. Appropriate federally issued environmental review documents may include the following:

the final environmental statement or environmental impact statement for the plants construction permit or operating license (as supplemented) the environmental impact statement for a combined license NUREG-0586, Generic Environmental Impact Statement on Decommissioning of Nuclear Facilities, Supplement 1, Regarding the Decommissioning of Nuclear Power Reactors, issued November 2002 (Ref. 29) (the Decommissioning GEIS), and NUREG-1496, Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Nuclear Facilities, issued July 1997 (Ref. 30) supplemental environmental impact statements for license renewal or subsequent license renewal site-specific environmental assessments for extended power uprates or other license amendments programmatic agreements developed during consultations under Section 106 of the National Historic Preservation Act of 1966, as amended (54 U.S.C. 300101 et seq.) (Ref. 31) biological assessments or biological opinions issued as part of Section 7 consultations under the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) (Ref. 32)

The PSDAR must describe any decommissioning activities whose environmental impacts will not be so bounded and will be evaluated before the performance of the activities. Specifically, if the licensee identifies any such unbounded decommissioning activities, it should state how it intends to comply with 10 CFR 50.82(a)(6)(ii) or 10 CFR 52.110(f)(2) before undertaking the activities. For certain decommissioning activities planned to occur in the future, the licensee may not be able to conclude definitively at the PSDAR stage that all environmental impacts will be bounded. The licensee should identify all such activities in the PSDAR and should address all potential unbounded impacts closer to, but still before, the time at which it undertakes these activities.

Pre-Decisional

RG 1.185, Rev. 2, Page 8 Once the NRC receives the PSDAR, it will docket the report, publish a notice acknowledging the receipt and availability of the PSDAR in the Federal Register, and solicit public comments in accordance with 10 CFR 50.82(a)(4)(ii) and 10 CFR 52.110(d)(2). A copy of the PSDAR will be made available to the public in the NRCs Public Document Room and electronically through the NRCs Agencywide Documents Access and Management System (ADAMS) at https://www.nrc.gov/reading-rm/adams.html.

The NRC will schedule a public meeting near the site to discuss the licensees plans for decontamination and dismantlement of the facility, and the decommissioning timeframe, as well as to hear public comments on the decommissioning activities described in the PSDAR. Comments received by the NRC staff on the PSDAR will be addressed at the public meeting, and a question-and-answer period will follow the presentations. The NRC will prepare a written transcript of the meeting and make it available to the public through the Public Document Room and electronically in ADAMS. In addition, the NRC staffs standard practice for reviewing the PSDAR is to provide an acknowledgment letter to the licensee that summarizes the staffs understanding of the PSDAR, provides highlights from the PSDAR public meeting, and categorizes the stakeholder comments received on the PSDAR during both the public meeting and the comment period.

The regulations at 10 CFR 50.82(a)(5) and 10 CFR 52.110(e) prohibit a licensee from performing any major decommissioning activities, as defined in 10 CFR 50.2 and 10 CFR 52.1, until 90 days after the NRC has received the licensees PSDAR submittal, and until the licensee has submitted its certifications of permanent cessation of operations and permanent removal of fuel from the reactor vessel. Although the NRC will assess the PSDAR to determine whether its contents are consistent with the requirements in the regulations, NRC approval of the PSDAR is not required. However, should the NRC determine that the PSDAR does not satisfy the information requirements of 10 CFR 50.82(a)(4)(i) or 10 CFR 52.110(d)(1),

the agency will inform the licensee of such deficiencies in writing, in a request for additional information (RAI), and will review the licensees response to the RAI to verify that the updated information meets the regulatory requirements for PSDAR content. The NRC will discuss any further deficiencies with the licensee in subsequent interactions, including additional letters, public meetings, or onsite inspections as needed. Section C.7 of this guide lists factors that could cause the NRC to find the PSDAR deficient, for which the Commission could issue an order prohibiting or limiting any major decommissioning activities.

After submitting the PSDAR, licensees must remain in compliance with 10 CFR 50.82(a)(6) or 10 CFR 52.110(f), which prohibit the performance of any decommissioning activities that foreclose release of the site for possible unrestricted use, result in there no longer being reasonable assurance that adequate funds will be available for decommissioning, or result in significant environmental impacts not bounded by appropriate federally issued environmental review documents. The NRC will monitor such compliance through routine oversight and inspection activities. If a licensee wants to pursue a decommissioning activity that would be inconsistent with 10 CFR 50.82(a)(6)(ii) or 10 CFR 52.110(f)(2) because it would result in significant environmental impacts that are not bounded by appropriate federally issued environmental review documents, then the licensee should submit for prior NRC approval a license amendment request to perform the proposed activity. Such a submittal would trigger the NRCs obligation to perform an environmental review of the license amendment request, and it would provide an opportunity for stakeholders to comment and request a hearing in accordance with 10 CFR 50.91, Notice for public comment; State consultation. Alternatively, the licensee could request an exemption, which would also trigger an environmental review; decide not to perform the proposed activity; or modify the proposed activity so that the unbounded environmental impacts will not occur. Section C.5 of this guide provides more discussion of the environmental impacts to be considered in the PSDAR.

Consideration of International Standards The International Atomic Energy Agency (IAEA) works with member states and other partners to promote the safe, secure, and peaceful use of nuclear technologies. The IAEA develops Safety Pre-Decisional

RG 1.185, Rev. 2, Page 9 Requirements and Safety Guides for protecting people and the environment from harmful effects of ionizing radiation. This system of safety fundamentals, safety requirements, safety guides, and other relevant reports reflects an international perspective on what constitutes a high level of safety. To inform its development of this RG, the NRC considered IAEA Safety Requirements and Safety Guides pursuant to the Commissions International Policy Statement (Ref. 33) and Management Directive and Handbook 6.6, Regulatory Guides (Ref. 34).

The following IAEA Safety Requirements and Safety Guides were considered in the update of this RG:

IAEA Safety Standard Series No. GSR Part 6, Decommissioning of Facilities, issued July 2014 (Ref. 35)

IAEA Safety Standard Series No. SSG-47, Decommissioning of Nuclear Power Plants, Research Reactors, and Other Nuclear Fuel Cycle Facilities, issued October 2018 (Ref. 36)

IAEA Safety Standard Series No. SSG-49, Decommissioning of Medical, Industrial and Research Facilities, issued May 2019 (Ref. 37)

IAEA Safety Standard Series No. WS-G-5.2, Safety Assessment for the Decommissioning of Facilities Using Radioactive Material, issued December 2008 (Ref. 38)

Pre-Decisional

RG 1.185, Rev. 2, Page 10 C. STAFF REGULATORY GUIDANCE This section describes the methods, approaches, or data that the NRC staff considers acceptable for meeting the content requirements related to PSDARs.

1.

Description of Planned Decommissioning Activities The PSDAR must contain a description of the planned decommissioning activities. Accordingly, the PSDAR should describe the licensees planned activities from permanent shutdown until the completion of reactor decommissioning. The purpose of this description is to inform the NRC and the public of the scope of the planned decommissioning by providing a general overview of the proposed activities and by identifying the specific activities to be performed.

The PSDAR should describe, in general terms, the method or combination of methods selected for decommissioning. The available methods include (1) a period of safe storage (SAFSTOR) followed by decontamination and dismantlement, (2) prompt decontamination and dismantlement (DECON), and (3) partial decontamination and dismantlement, followed by a period of safe storage and then final decontamination and dismantlement. In addition, the PSDAR should list and describe the major planned activities and tasks related to decommissioning and radiological site remediation, and should discuss them briefly in the order in which they will occur.

The description of the licensees planned decommissioning activities should include a site-specific overview of all the activities that will occur from the time of certification of permanent removal of the fuel from the reactor vessel until the anticipated termination of the license (for sites with a specific license ISFSI), or until the reduction of the license to encompass only the ISFSI footprint (for sites with a general license ISFSI). Examples of possible decommissioning activities are listed below; this list is not meant to be all-inclusive or to imply that a given licensees decommissioning process should include all of the activities listed. General topics of interest that licensees could describe in the PSDAR, regardless of the decommissioning method or timeframe chosen, include the following:

a.

Site modifications planned for the first 5 years after entering decommissioning, including any plans for the construction and operation of an ISFSI, and the schedules and timelines for such modifications.

b.

The licensees reasons for selecting a particular decommissioning strategy and timeline.

c.

The expected changes in management and staffing in response to the selected decommissioning strategy and timeline.

d.

Any site characterization information and potential dismantlement, decontamination, and remediation activities that will be undertaken early in the decommissioning process, including a discussion of the results of any preliminary surveys or other environmental characterization activities carried out before the submission of the PSDAR, as well as a proposed plan, to the extent known, for final site status and uses (e.g., unrestricted use, industrial scenario, etc.).

e.

A description, to the extent known, of activities related to the final dismantlement and decontamination of the facility in order to complete decommissioning.

f.

If applicable, the plans for Tribal, State, and local government and community involvement in the decommissioning process. This involvement might take the form of a periodic information Pre-Decisional

RG 1.185, Rev. 2, Page 11 meeting hosted by the licensee or an advisory panel, community outreach committee, or similar group constituted from the stakeholders most affected by the decommissioning activities at the facility. The PSDAR could discuss how this group, if the licensee intends to create one, would participate throughout the decommissioning process.

g.

An evaluation of the environmental impacts of the site-specific decommissioning activities (e.g., remediation activities; removal of large components; dismantlement of major buildings, systems, or other structures) and planned site modifications, as well as a summary of this analysis and its results.

h.

A list of any planned decommissioning activities whose environmental impacts are not bounded by appropriate federally issued environmental review documents and will therefore be addressed or evaluated in the future, before the activities take place. The PSDAR should describe any potential unbounded impacts and the contributing activities, and should discuss the anticipated schedule for conducting any such activities.

The level of detail provided in the description of each planned decommissioning activity will depend, in part, on the nature of the activity. The licensee should describe activities that are unique to the facility, and thus may require additional NRC staff oversight, in greater detail than routine activities. For example, for a chemical decontamination of a slightly radiologically contaminated system using a mild acid, only a short description of the process would be necessary. By contrast, the use of a unique chemical decontamination method on a system containing large amounts of contamination (e.g., the primary coolant system) would require a more detailed description, to allow the NRC staff to determine the proper level of oversight. Likewise, the licensee should discuss in greater detail any activity that could have an environmental impact not bounded by an appropriate federally issued environmental review document (including the Decommissioning GEIS), such as the removal, processing, and storage of fuel debris contained in a system or in the spent fuel pool. Finally, the licensee should identify all future activities for which it cannot conclude definitively at the PSDAR stage that environmental impacts will be bounded, and whose impacts it will therefore address closer to (but still before) the time at which it undertakes these activities.

In addition to the above general considerations, for decontamination and dismantlement under the DECON strategy, the licensee should describe activities such as the following:

a.

removal of the reactor vessel and internals;

b.

removal of other large facility components, including major radioactive components;

c.

removal of the balance of the primary system (e.g., the charging and boron control systems);

d.

general dismantlement activities related to the removal of other significant radioactive components and any associated structures;

e.

methods for decontaminating radioactive components, including chemical decontamination techniques;

f.

decontamination of structures or buildings, such as the auxiliary and fuel handling buildings;

g.

activities related to special or unusual programs (e.g., the removal and processing of fuel debris from the spent fuel pool) that might have significant environmental impacts not bounded by the Pre-Decisional

RG 1.185, Rev. 2, Page 12 Decommissioning GEIS or other appropriate federally issued environmental review documents (these activities would need to be described in greater detail);

h.

storage, rather than prompt disposal, of radiologically contaminated components on site;

i.

plans for shipping and processing low-level radioactive waste, including any anticipated compaction, minimization, or incineration of the waste;

j.

location of the ultimate disposal site (if known) for low-level radioactive waste and plans for interim storage, if necessary;

k.

storage or removal of greater-than-Class-C waste; and

l.

removal of hazardous radioactive (mixed) wastes.

If a period of safe storage followed by dismantlement is selected as the decommissioning option, the licensee should list and describe activities related to preparing the facility and site for safe storage (i.e., SAFSTOR). The PSDAR should also discuss activities and tasks for maintaining the facility and site in SAFSTOR in preparation for eventual decontamination and dismantlement. The description of the SAFSTOR preparation process and the safe storage phase should specifically identify activities such as the following:

a.

draining of specific systems and removal of resins from ion exchangers;

b.

decontamination of specific high-dose areas;

c.

removal of low-level radioactive waste that is ready for shipment;

d.

plans for shipping and processing or storage of greater-than-Class-C waste;

e.

re-energizing or deactivating specific systems;

f.

reconfiguring ventilation systems and fire protection systems for use during the storage period;

g.

plans to inspect and monitor the facility and site during the storage period;

h.

maintenance of any systems critical to final dismantlement during the storage period; and

i.

management of any systems that remain connected to operating units on the site.

The NRC does not require or expect the PSDAR to give details on the radiation protection plan, the emergency plan, the security plan, or the quality assurance plan to be used during decommissioning; however, this information may be required in periodic updates to the final safety analysis report, the quality assurance program, the emergency plan, or other documents applicable to decommissioning. In addition, several of these areas undergo significant changes during the decommissioning process and may be captured under different regulatory processes. RG 1.235 provides guidance to licensees on establishing an emergency preparedness program that is commensurate with the changing levels of radiological risk at a decommissioning nuclear power reactor.

2.

Schedule of Planned Decommissioning Activities The PSDAR must contain a schedule for the accomplishment of the planned decommissioning activities. The regulations at 10 CFR 50.82(a)(3) and 10 CFR 52.110(c) require a licensee to complete decommissioning within 60 years of permanent cessation of operations, unless the NRC approves an extended timeline when this is necessary to protect public health and safety. In evaluating an alternative under which decommissioning will be completed more than 60 years after permanent cessation of operations, the NRC will consider factors such as the unavailability of waste disposal capacity, the existence of other operating nuclear facilities that share systems with the permanently shutdown facility, and other site-specific factors affecting the licensees ability to carry out decommissioning. The Pre-Decisional

RG 1.185, Rev. 2, Page 13 requirement to complete decommissioning within 60 years also applies to an onsite ISFSI licensed under the general license provisions in Subpart K, General License for Storage of Spent Fuel at Power Reactor Sites, to 10 CFR Part 72, because a general license ISFSI is part of the 10 CFR Part 50 or 10 CFR Part 52 site and must be decommissioned consistent with the requirements in 10 CFR 50.82 or 10 CFR 52.110, respectively.

The PSDAR should describe the licensees planned schedule and timeframe for completing major decommissioning activities. The schedule serves to inform the NRC and the public of the anticipated timing of decommissioning events and allows the NRC to schedule the inspection and technical review resources necessary for oversight activities. The schedule should show the relationships between the major decommissioning activities described in section C.1 of this guide, so that the reader understands their sequence and timing. The following are some other items related to timing that the licensee could include in the PSDAR, regardless of the decommissioning method or timeframe chosen:

a.

A description of how the licensee selected SAFSTOR or DECON as the decommissioning method and determined the proposed timeline for the decommissioning of the facility, including the dismantlement of any major components; also, if applicable, the considerations for entering SAFSTOR and an overview of the conditions under which DECON will begin.

b.

A discussion of the cost over time of the decommissioning strategy selected, specifically in relation to the decision to delay active dismantlement of all or parts of the deenergized components, or the facility as a whole, during the SAFSTOR period.

c.

For the DECON method, an indication of how the licensee will minimize the offsite migration of contamination and optimize worker safety, institutional knowledge, and cost in accordance with the DPR. This information may be more appropriately included in the site-specific DCE that is required to accompany the PSDAR in accordance with 10 CFR 50.82(a)(4)(i) or 10 CFR 52.110(d)(1).

d.

If available, an estimation of the possibility of early release of parts of the site or facility (e.g., warehouse space, administrative buildings) from the license, so that they can be more quickly made available for other uses.

e.

If known, a description of the potential future uses of the site and the overall plan and timeline for final disposition of the structures and other components at the facility (i.e., whether parts of the site will be released early in accordance with 10 CFR 50.83, Release of part of a power reactor facility or site for unrestricted use; whether the site will be made available for industrial use; whether the buildings and other structures will be left in place; or whether the site will become a greenfield).

f.

An explanation of how the decommissioning timeline chosen affects spent fuel management, including the plans for spent fuel storage in an ISFSI and for future decommissioning of an onsite general license ISFSI after the spent fuel is removed from the site.

Schedules or diagrams in the PSDAR should clearly indicate the estimated dates of the initiation and completion of major decommissioning activities, especially activities with the potential for increased risk to workers, members of the public, or the environment, or activities that are unique to the facility.

The PSDAR should also identify, and give the estimated start and end dates for, any planned decommissioning activities that will require a significant NRC licensing effort, such as activities that would be unlikely to pass the 10 CFR 50.59 screening criteria, or that would violate 10 CFR 50.82(a)(6) or 10 CFR 52.110(f). Other licensing activities whose schedules the PSDAR should describe, if available, Pre-Decisional

RG 1.185, Rev. 2, Page 14 include the submission of defueled technical specifications; requests for the approval and licensing of an ISFSI, if applicable; any licensing activities associated with a certificate of compliance for the transportation of major components; the planned submission of license amendments related to an ISFSI-only site configuration and licensing basis; and the planned submission of the LTP.

The level of detail in the PSDAR schedule will depend on the timing of the activities being described. For major decommissioning activities in the near term (about 5 years), the PSDAR should provide estimates to the nearest month and year. For decommissioning activities that will take place after about 5 years, the PSDAR should provide estimates to the nearest year. The licensee should refine these dates as the decommissioning activity nears and provide schedule updates during its routine interactions with the NRC staff. If making major changes to the schedule in the PSDAR (e.g., changes to the timeframe for undertaking major decommissioning activities or removing fuel from the site), the licensee must submit an update to the PSDAR and should follow the guidance in section C.8 of this guide.

3.

Irradiated Fuel Management Plans The regulations at 10 CFR 50.82(a)(4)(i)(C) and 10 CFR 52.110(d)(1)(iii) require the PSDAR to include a discussion of the licensees plan for managing all spent fuel at the reactor site from permanent cessation of operations until title to, and possession of, the spent fuel is transferred to the DOE. This plan is referred to as the irradiated fuel management plan (IFMP) or, alternatively, the spent fuel management plan. The IFMP section in the PSDAR should discuss the selected spent fuel storage methods (i.e., wet or dry storage) and the estimated time for employing these storage methods. If the licensee has placed or will place the spent fuel in dry storage at an onsite specific license or general license ISFSI under 10 CFR Part 72, then the IFMP discussion should summarize the design of the ISFSI and the dry storage system used (e.g., it could identify the dry storage system design and reference design-basis documents for the ISFSI or dry storage system, such as the final safety analysis report). The purpose of the IFMP discussion is, in part, to identify what physical infrastructure or other capabilities are needed for safely managing spent fuel at the reactor site during decommissioning, to recognize when these capabilities are needed, and to describe how the needed infrastructure or capabilities will be maintained for the expected duration of spent fuel storage operations.

The regulations at 10 CFR 50.82(a)(4)(i)(C) and 10 CFR 52.110(d)(1)(iii) also require that licensees may not start to decommission SSCs needed for moving, unloading, and shipping spent fuel that is stored in a general license ISFSI until the NRC has received the licensee's submittal of its PSDAR, which includes the IFMP discussion. The IFMP discussion for licensees that use or plan to use a general license ISFSI should identify the SSCs needed for spent fuel management activities throughout the planned decommissioning phases, as well as the SSCs needed for moving, unloading, and shipping the spent fuel, and it should state when these SSCs are or will be needed. The SSCs may include the spent fuel pool, fuel handling building, and fuel or cask handling systems, including cranes or lifting equipment.

The following list provides examples of the types of information that licensees should consider in their identification of the spent fuel management SSCs that are needed and when, based on how the licensee plans to manage its spent fuel and the design bases for the 10 CFR Part 72 certificate of compliance (CoC) that the licensee uses or will use for spent fuel storage:

a.

SSCs that may be necessary for compliance with the applicable regulatory requirements for spent fuel storage, as well as compliance with the conditions of the CoC, and with any technical specifications that involve moving or unloading a spent fuel storage system, including required actions related to limiting conditions for operation that involve removal of spent fuel assemblies from the storage system Pre-Decisional

RG 1.185, Rev. 2, Page 15

b.

SSCs that may be necessary for compliance with the CoC conditions or technical specifications associated with the implementation of aging management programs for an ISFSI that is in its period of extended operation, such as inspections, maintenance or repair activities, or corrective actions associated with aging management programs

c.

SSCs that may be necessary to support ready retrieval of spent fuel, as defined in the design bases for the storage system

d.

SSCs that may be necessary to support restoration of the facility to a safe condition and recovery after a design-basis ISFSI accident Note that while the IFMP discussion does not need to demonstrate how retrievability and/or accident restoration requirements are met, those topics are included in the list to ensure that licensees have given some thought to what SSCs may be needed to support those activities during decommissioning.

Additionally, while the 10 CFR 50.82(a)(4)(i)(C) and 10 CFR 52.110(d)(1)(iii) provisions that restrict licensees from starting to decommission SSCs needed for moving, unloading, and shipping spent fuel until submittal of the PSDAR only apply to licensees with a general license ISFSI, licensees with a specific license ISFSI at their reactor site should also consider whether the specific license ISFSI depends on any of the reactor SSCs or site infrastructure. These licensees should be aware of such potential dependencies and consider including this in the IFMP discussion.

The IFMP section of the PSDAR should discuss any other spent fuel management issues considered by the licensee, including use of dry storage systems that have associated transportation certificates, as well as any contingency planning that addresses the potential need to handle spent fuel or repair or replace casks or other spent fuel storage components before the end of ISFSI operations (e.g., potential corrective actions for repairing or replacing storage system SSCs during the period of extended operation). In addition, the IFMP section should discuss the physical infrastructure, expertise, or capabilities that may be necessary and explain how they would be obtained if needed. It should also discuss whether there are any plans for removal of the spent fuel from the site (e.g., transfer or shipment of the spent fuel to a consolidated interim storage facility).

The regulations at 10 CFR 50.82(a)(4)(i)(C) and 10 CFR 52.110(d)(1)(iii) also require that the IFMP section of the PSDAR identify any actions for managing spent fuel that would require prior NRC authorization (e.g., exemptions from applicable NRC regulations; amendments to licenses under 10 CFR Part 50, 10 CFR Part 52, or 10 CFR Part 72; or amendments to the 10 CFR Part 72 CoC being used by the licensee), and state whether the submittals for such actions have been made, or when they will be made, to the NRC. For licensees that previously submitted an IFMP under the prior requirement in 10 CFR 50.54(bb) (i.e., before the effective date of the final rule for Regulatory Improvements for Production and Utilization Facilities Transitioning to Decommissioning), the IFMP is considered to be part of the PSDAR submittal.

4.

Estimate of Expected Decommissioning Costs and Associated Funding The regulations at 10 CFR 50.82(a)(4)(i)(D) and 10 CFR 52.110(d)(1)(iv) require the licensee to submit, as part of the PSDAR, a site-specific DCE, including the projected cost of managing spent fuel until title to, and possession of, the spent fuel is transferred to the DOE. The site-specific DCE should be based on the latest annual update to the amount of funding to be provided for decommissioning (as required by 10 CFR 50.75(b)(2)), and should include the cost of remediating any radiological contamination identified during site surveys, as well as the cost of remediating any known radiological contamination (e.g., soil, ground water, surface water). The site-specific DCE should be compared to the Pre-Decisional

RG 1.185, Rev. 2, Page 16 minimum decommissioning financial assurance amount (10 CFR 50.75(c)). If the site-specific DCE is less than that amount, an adequate justification should be provided.

When evaluating the projected costs of managing spent fuel for the site-specific DCE, the licensee should consider the following items, as appropriate:

a.

Estimated cost to isolate the spent fuel pool and fuel handling systems to create a spent fuel pool island. For the SAFSTOR option, the cost to manage, and to provide funding for the management of, spent fuel and fuel handling systems may be considered part of the preparation for eventual transfer of the spent fuel to the DOE.

b.

Estimated cost to maintain and, if needed, expand an ISFSI.

c.

Estimated annual cost for the operation of the spent fuel pool and fuel handling systems in the SAFSTOR condition, as well as costs for managing the fuel in a safe storage condition, until the DOE takes possession of the spent fuel.

d.

Estimated cost for preparing and packaging the spent fuel and shipping it to the DOE.

e.

Estimated cost to decommission the spent fuel storage facility.

f.

The source of funds for managing spent fuel.

g.

A brief discussion of the selected storage method or methods and the estimated timeframe for employing these methods.

If the licensees decommissioning strategy delays completion of decommissioning by including a storage period, the PSDAR must discuss how the licensee will adjust cost estimates and associated funding levels over the storage period to ensure that sufficient funding will be available in accordance with 10 CFR 50.82(a)(8)(iv) and 10 CFR 52.110(h)(4). Detailed guidance on preparing and submitting a site-specific DCE appears in RG 1.202.

5.

Environmental Impacts The regulations at 10 CFR 50.82(a)(4)(i)(B) and 10 CFR 52.110(d)(1)(ii) require a licensees PSDAR to discuss whether the environmental impacts associated with site-specific decommissioning activities will be bounded by appropriate federally issued environmental review documents and provide the reasons for reaching that conclusion, as well as describe any decommissioning activities whose environmental impacts will not be so bounded and will be evaluated before the activities are performed.

Specifically, before preparing the PSDAR, the licensee should evaluate the potential environmental impacts of all site-specific decommissioning activities and related transportation activities (e.g., waste, material, and equipment transport), including the activities listed in sections C.1 and C.2 of this guide, against the impacts described in appropriate federally issued environmental review documents, as described previously.

When comparing the potential environmental impacts of decommissioning to impacts in other environmental review documents, the licensee should recognize the unique nature of the site and any changes that might have occurred since the previous environmental document was issued. For example, the listed threatened and endangered species in the area, the presence of potentially eligible historic properties, or the demographic composition of minority and low-income populations living near the site might have changed since the publication of the previous document. If the potential environmental impact Pre-Decisional

RG 1.185, Rev. 2, Page 17 of a decommissioning activity has already been reviewed or bounded by a previous analysis in a federally issued environmental review document, the licensee should state this in the PSDAR (in accordance with 10 CFR 50.82(a)(4)(i)(B) or 10 CFR 52.110(d)(1)(ii)).

Potential environmental impacts include both radiological and nonradiological impacts, as described in the Decommissioning GEIS. Potential environmental impacts that should be evaluated against appropriate federally issued environmental review documents include the following:

occupational dose; public dose; environmental releases to air, water, and soil; climate change; quantity of low-level radioactive waste generated; transportation impacts; impacts from nonradiological hazards, such as dust, noise, water use, and hazardous (nonradiological) waste; socioeconomic impacts; impacts to cultural and historic resources; impacts to aquatic and terrestrial ecology, including special-status species and habitats; and environmental justice impacts.

The licensees radiological dose estimates should be for total effective dose equivalent to workers and the public, including that from effluent releases and transportation. The licensee should briefly describe how these estimates compare to, or differ from, the estimates in other federally issued environmental review documents. The PSDAR should also discuss the licensees reasons for concluding that the potential environmental impacts of the proposed decommissioning activities are bounded by existing analyses of environmental impacts.

For most resource areas, the Decommissioning GEIS provides generic conclusions about environmental impacts during decommissioning. For these resource areas, the licensee should verify that the predicted site-specific environmental impacts of the proposed decommissioning activities are within the bounding estimates, descriptions, and assumptions in the Decommissioning GEIS, or are otherwise considered in and bounded by other appropriate federally issued environmental review documents. The licensee should provide adequate justification and discussion to support its conclusions that site-specific impacts are bounded by previous federally issued environmental review documents. Licensees should pay particular attention to the environmental issues in the Decommissioning GEIS for which the NRC was unable to reach a generic impact conclusion. For these issues, the licensee should either conduct a site-specific environmental impact assessment or determine whether another federally issued environmental review document provides an adequate, site-specific, bounding environmental impact assessment. Finally, the licensee should identify all decommissioning activities for which it cannot conclude definitively at the PSDAR stage that significant environmental impacts will be bounded, and whose impacts it will therefore address closer to (but still before) the time at which it undertakes these activities.

Pre-Decisional

RG 1.185, Rev. 2, Page 18 For example, the NRC was unable to reach a generic environmental impact determination for threatened and endangered species in the Decommissioning GEIS. For this resource area, the licensee should obtain a current list of threatened, endangered, proposed, and candidate species that could occur at the site from the U.S. Fish and Wildlife Services (FWSs) online database, Information for Planning and Consultation: Environmental Conservation Online System, and, if appropriate, by coordinating with the appropriate FWS or National Marine Fisheries Service (NMFS) office. In addition, the licensee should determine whether any protected habitats, such as designated critical habitat or essential fish habitat, occur at or near the site. In many cases, the federally listed species, designated critical habitat, and essential fish habitat will have changed since the NRC staffs last consultation under the Endangered Species Act or the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) (Ref. 39) as recorded in a federally issued environmental review document. For any federally listed species, designated critical habitat, or essential fish habitat on or near the site, the licensee should determine how planned decommissioning activities would affect those species and habitats, coordinating, as appropriate, with the FWS and the NMFS.

If planned decommissioning activities could affect any federally listed species, designated critical habitat, or essential fish habitat, the licensee should discuss those potential impacts and, as described in 10 CFR 50.82(a)(4)(i)(B) or 10 CFR 52.110(d)(1)(ii), should determine whether they are bounded by appropriate federally issued environmental review documents, such as biological opinions or biological assessments developed under the Endangered Species Act. If not, the licensee should follow the guidance below on what to do if it is unable to comply with the requirements in 10 CFR 50.82(a)(6)(ii) or 10 CFR 52.110(f)(2).

The NRC was also unable to reach a generic conclusion about environmental justice impacts in the Decommissioning GEIS. Therefore, the PSDAR should provide the latest demographic information (by race and ethnicity) on potentially affected minority and low-income populations and communities residing near the nuclear plant. In the environmental justice review, the licensee should (1) identify the location of minority and low-income populations that could be affected by planned decommissioning activities, (2) determine whether there could be any human health or environmental effects on these populations including special-pathway receptors (groups or individuals with unique consumption practices and interactions with the environment), and (3) determine whether any of the effects could be disproportionate and adverse. Disproportionate and adverse human health effects occur when the risk or rate of exposure to an environmental hazard for a minority or low-income population exceeds that faced by the general population or another appropriate comparison group. Disproportionate environmental effects occur when impacts or risks of impacts on the natural or physical environment in a minority or low-income community appreciably exceed the impacts or risks of impacts on the larger community.

Such impacts may be biological, cultural, economic, social, or related to other environmental issues. To the extent that information is available, the PSDAR should describe any observed patterns of subsistence consumption, specifically fish and wildlife consumption, by minority and low-income populations near the nuclear plant.

The Decommissioning GEIS identifies four more conditionally site-specific environmental issues that must be considered during decommissioning: (1) offsite land use, (2) aquatic ecology, (3) terrestrial ecology, and (4) cultural and historic resources beyond the operational areas. The Decommissioning GEIS gives more information on the consideration of each of these areas.

To comply with the National Historic Preservation Act, the NRC is required to consider the effects of its undertakings, including decommissioning activities, on historic properties (see the regulations in 36 CFR Part 800, Protection of Historic Properties (Ref. 40)). According to 36 CFR 800.4(a)(2), in consultation with the State Historic Preservation Officer (SHPO), the NRC is required to review existing information on historic properties within the area of potential effects, Pre-Decisional

RG 1.185, Rev. 2, Page 19 including any data concerning possible historic properties not yet identified. In addition, according to 36 CFR 800.4(a)(3), the NRC must seek information, as appropriate, from consulting parties, and other individuals and organizations likely to have knowledge of, or concerns with, historic properties in the area, and identify issues relating to the undertaking's potential effects on historic properties.

Although the NRC will not enter into formal consultation with the SHPO until the review of the LTP, or potentially as part of the review of a licensing action submitted to maintain compliance with 10 CFR 50.82(a)(6)(ii) or 10 CFR 52.110(f)(2), a discussion in the PSDAR of potential impacts on cultural and historic resources can help the NRC staff prepare for these future interactions and consultations. Accordingly, to the extent that information is available, licensees should consider describing any potential environmental impacts from the proposed decommissioning activities on historic properties, including cultural and historic resources, that may be present at the site, as well as the timing of any approvals that may be necessary to maintain compliance with 10 CFR 50.82(a)(6)(ii) or 10 CFR 52.110(f)(2).

In addition, licensees should consider addressing in the PSDAR whether the nuclear facility might be historically significant, such as eligible for listing in the National Register of Historic Places (NRHP) or Historic American Engineering Record (HAER). For example, in a few situations, the nuclear facility itself could be potentially eligible for inclusion in the NRHP, especially if it is more than 50 years old and represents a significant historic or engineering achievement. Even buildings less than 50 years old may be eligible for the NRHP and HAER, if certain criteria are met, such as if the processes and engineering that were employed in them are of interest. In such cases, strategies to mitigate the potential environmental impacts from decommissioning activities should be developed in consultation with the SHPO. If requested by the SHPO, an eligibility determination for NRHP listing status would need to be conducted by a professional who meets the Secretary of the Interiors standards in 36 CFR Part 61, Procedures for State, Tribal, and local government historic preservation programs. A professional who is experienced in conducting Historic American Building Surveys would also be needed to determine the facility's eligibility for the HAER. Section 4.3.14.2 of the Decommissioning GEIS contains additional information on this topic.

Any planned decommissioning or related transportation activity (e.g., waste, material, and equipment transport) using a method not considered in the Decommissioning GEIS could cause an environmental impact that has not previously been evaluated and should, therefore, be specifically examined in the PSDAR. For example, the explosive demolition of buildings and concrete structures could have environmental impacts not considered in the Decommissioning GEIS, in previous site-specific environmental review documents, or in appropriate federally issued environmental review documents. If an activity has significant potential environmental impacts that are not bounded by appropriate federally issued environmental review documents, then before undertaking the activity, the licensee should state in the PSDAR how it intends to comply with 10 CFR 50.82(a)(6)(ii) or 10 CFR 52.110(f)(2), which prohibit the performance of activities having significant environmental impacts that have not been reviewed.

If the licensee is unable to comply with the requirements of 10 CFR 50.82(a)(6)(ii) or 10 CFR 52.110(f)(2), it may take one of several actions, including the following:

a.

Submit a license amendment request to address environmental impacts of the proposed decommissioning activity that are not bounded by appropriate federally issued environmental review documents.

b.

Request an exemption under 10 CFR 50.12, Specific exemptions, or 10 CFR 52.7, Specific exemptions, respectively, to allow the proposed decommissioning activity.

Pre-Decisional

RG 1.185, Rev. 2, Page 20

c.

Modify the proposed decommissioning activity so that it will not have significant environmental impacts not bounded by appropriate federally issued environmental review documents.

If the licensee chooses to request a license amendment or exemption, the NRC will conduct an environmental review to determine the impact of the proposed decommissioning activity and will prepare an environmental assessment, or other appropriate National Environmental Policy Act (NEPA) document, as part of its review. The NRC will also complete any environmental consultations (including Tribal) necessary under the Endangered Species Act or National Historic Preservation Act, to resolve any potential environmental impact issues before the activity occurs. Performing decommissioning activities that have significant environmental impacts not bounded by appropriate federally issued environmental review documents may constitute a violation of 10 CFR 50.82(a)(6) or 10 CFR 52.110(f)(2).

6.

Public Involvement during the Decommissioning Process Although the NRC does not have the authority to direct governmental and nongovernmental entities (other than NRC licensees) to participate in the decommissioning of a facility, NRC regulations currently offer the public and other stakeholders an opportunity to review the major decommissioning submittals and provide input after the licensee has submitted its PSDAR and its LTP. Specifically, under 10 CFR 50.82(a)(4)(ii) and 10 CFR 52.110(d)(2) (for the PSDAR) and 10 CFR 50.82(a)(9)(iii) and 10 CFR 52.110(i)(3) (for the LTP), the NRC must publish a notice of receipt, make the PSDAR or LTP (as appropriate) available for public comment, schedule public meetings near the licensed facility to discuss the PSDAR or the LTP, and publish a notice of the meetings in the Federal Register and in another forum readily accessible to individuals near the site. The NRC staff also routinely engages with Tribal, State, and local government stakeholders by participating, as requested, in meetings or other interactions with governmental bodies (e.g., the public utility commission, the coastal commission, or environmental and radiological control boards).

In addition, for many years, the NRC has recommended that licensees involved in decommissioning activities form a community committee or other advisory organization to foster communication between the licensee and members of the community that decommissioning may affect.

By actively engaging the community, licensees can better understand local residents views and concerns about the decommissioning process and spent fuel storage, improve relations with the local community, and inform the local community about decommissioning activities in a timely manner. Although such engagement is not required by NRC regulations, many decommissioning licensees, or State or local governments, have created mechanisms for community outreach, commensurate with the local communitys level of interest in the decommissioning activities. If the licensee has established a community outreach organization before it submits the PSDAR, it should consider discussing the overall functioning of the organization in the PSDAR, in order to facilitate future interactions between the organization and the NRC staff.

A licensee creating a community advisory board could describe in the PSDAR the creation of the community advisory board, the proposed membership of the board, and the ways in which the board will promote stakeholder involvement in the decommissioning and decision-making process. Alternatively, the PSDAR could discuss why the licensee did not consider it necessary or prudent to create a community advisory board for the site (e.g., if an advisory board with broad participation had already been established by the State or local government) and under what conditions it would reconsider creating such an advisory board later in the decommissioning process (e.g., whether the licensee might create an Pre-Decisional

RG 1.185, Rev. 2, Page 21 advisory board when the facility moves from SAFSTOR to DECON). Specifically, the PSDAR could contain the following information:

a.

a discussion of the composition of the proposed community advisory board, potentially including licensee staff members; representatives from State, Tribal, and local government agencies; officials or their designees from host communities and from counties and communities within the surrounding emergency planning zone; and representatives from citizen groups or other stakeholder interest groups;

b.

an estimate of the time when the board would be convened, and the frequency at which meetings would take place;

c.

a description of the topics that could be brought before the board; how the boards input would inform the decision-making process for various decommissioning activities; and what interaction, if any, the board would have with the NRC or other Federal regulatory bodies (e.g., the U.S. Environmental Protection Agency or the DOE) to support the board members understanding of the decommissioning process and promote dialogue between stakeholders and the licensee; and

d.

an explanation of how the board would be formed and implemented, including whether the State, the licensee, or some other party would take charge of finding members for the board; who would be responsible for the logistics supporting the boards meetings and other routine activities (e.g., coordinating meetings, securing conference space and audiovisual equipment for presentations to the public); and the expected term for board members.

The suggestions listed above are examples; the list is not meant to be all-inclusive or to imply that the PSDAR should necessarily include all of the information described. The NRCs recommendation to establish a community advisory board is intended to add transparency to the decommissioning process, while providing the necessary flexibility across various stages of the process. As required by the Nuclear Energy Innovation and Modernization Act, enacted by Congress in January 2019, the NRC has issued a report detailing best practices for community advisory boards at nuclear power plants (Ref. 41). The report identifies best practices with respect to the establishment and operation of a local community advisory board to foster communication and information exchange between a licensee planning for and involved in decommissioning activities and members of the community that decommissioning activities may affect. The report includes NRC observations on best practices in the areas of (1) early formation considerations, (2) charter development, (3) local preferences for engagement, (4) membership composition, (5) licensee participation, (6) meeting frequency, (7) public engagement, (8) funding, (9) use of experts and training, (10) topics to be brought before the board, and (11) sites with multiple advisory boards, which may be established under different criteria or for different purposes.

7.

Factors That Could Cause the NRC to Find the PSDAR Deficient A number of factors could cause the NRC to find the PSDAR deficient with respect to meeting the applicable PSDAR regulations. These factors correspond directly to the topics required to be included in the PSDAR, in accordance with 10 CFR 50.82(a)(4)(i) and 10 CFR 52.110(d)(1), as discussed above.

The NRC could find the PSDAR deficient under any of the following circumstances:

a.

The licensee would not be able to complete its plan for decommissioning as described (e.g., if the plan called for immediate decontamination and dismantlement of the facility, but no waste disposal facilities were available for use by the licensee at that time).

Pre-Decisional

RG 1.185, Rev. 2, Page 22

b.

According to the schedule, the decommissioning process will not be completed within 60 years of permanent cessation of operations, as required by 10 CFR 50.82(a)(3) or 10 CFR 52.110(c). Such a schedule is not permissible unless the NRC approves decommissioning beyond 60 years as necessary to protect public health and safety (which it may do on a case-by-case basis).

c.

The PSDAR does not sufficiently demonstrate that the decommissioning process could be completed for the estimated cost.

d.

The PSDAR includes activities that would endanger public health and safety or the environment, because they do not comply with NRC regulations.

e.

The PSDAR does not conclude that the environmental impacts associated with site-specific decommissioning activities will be bounded by appropriate federally issued environmental review documents or does not provide an adequate basis for that conclusion, or the PSDAR does not appropriately describe any decommissioning activities whose environmental impacts will not be so bounded and will be evaluated before the activities are performed.

f.

The licensee fails to state how it intends to comply with 10 CFR 50.82(a)(6)(ii) or 10 CFR 52.110(f)(2) in the future, with respect to a proposed decommissioning activity having unbounded environmental impacts.

8.

Changes to the PSDAR The regulation at 10 CFR 50.82(a)(7) or 10 CFR 52.110(g), as appropriate, requires the licensee to notify the NRC in writing, with a copy to the affected States, before it performs any decommissioning or spent fuel management activity inconsistent with, or makes a significant schedule change from, the planned decommissioning activities or schedules described in the PSDAR or any previously submitted IFMP, including any change that significantly increases the cost of decommissioning or of managing spent fuel. A change to the PSDAR may be made through a written letter to the NRC describing the change, or through an actual revision to the PSDAR.

The NRC staff will use changes to the milestone schedule in the PSDAR to schedule inspections of the licensees decommissioning activities and to verify that the licensee is conducting decommissioning safely and in accordance with the applicable regulatory requirements. Examples of changes in decommissioning activities and schedule include, but are not limited to, the following:

(1) changing from a period of safe storage (SAFSTOR) to active dismantlement (DECON), (2) changing the method used to remove the reactor vessel or steam generators from cutting and segmenting to intact removal, and (3) changing the schedule in a way that affects major milestones (e.g., shortening the overall term to complete decommissioning). Licensees do not need to report changes related to the removal of SSCs that are not contaminated or in immediate proximity to contaminated systems that could result in a worker dose. Examples of changes in spent fuel management activities and schedule include, but are not limited to, the following: (1) changing the dry storage system design, and consequently changing certain SSCs that are relied upon to safely load and store spent fuel, (2) changing the ISFSI capacity, (3) changing plans to transfer spent fuel offsite (e.g., to a consolidated interim storage facility), and (4) changing the timing of the movement of spent fuel to dry storage.

Examples of significant increases in the costs associated with decommissioning include (1) a revised cost estimate that is more than 20 percent greater than the site-specific DCE, and (2) a 25 percent increase in the funding needed to complete any major milestone activity. For any significant increase in the cost of decommissioning, the licensee must notify the NRC in writing. Notification should be made only if the cost changes are due to changes in the timing of decommissioning activities or to changes in Pre-Decisional

RG 1.185, Rev. 2, Page 23 the activities planned. Notification is not necessary if the cost increases are due solely to inflation.

However, the licensee should describe such increases in the annual report submitted in accordance with 10 CFR 50.82(a)(8)(v) or 10 CFR 52.110(h)(5).

The licensee should evaluate changes in the decommissioning activities listed in the PSDAR with regard to their potential environmental impacts and to assess compliance with 10 CFR 50.82(a)(6)(ii) or 10 CFR 52.110(f)(2). If the expected impact is outside the bounds of appropriate federally issued environmental review documents, the licensee must either submit a license amendment request or an exemption request or change its decommissioning plans to avoid the activity that would result in the unbounded impact. If the licensee chooses to submit a license amendment request or exemption request, it would need to provide the NRC with the necessary environmental information, in accordance with 10 CFR 51.41, Requirement to submit environmental information, addressing the unbounded impacts. The NRC would then prepare an environmental assessment or other appropriate NEPA document as part of the review, and would complete any necessary environmental consultations, thus resolving any issues related to unbounded environmental impacts. Performing decommissioning activities that result in significant environmental impacts not bounded by appropriate federally issued environmental review documents may constitute a violation of 10 CFR 50.82(a)(6) or 10 CFR 52.110(f). Additionally, the take1 of any federally listed species is prohibited by Section 9 of the Endangered Species Act.

For facilities with approved decommissioning plans issued before the 1996 decommissioning rulemaking, which implemented the requirement for a PSDAR, decommissioning may proceed under the provisions of the associated decommissioning order. For licensees that either have an approved decommissioning plan or submitted a decommissioning plan before the effective date of the 1996 decommissioning rule (August 28, 1996), the decommissioning plan is considered to be the PSDAR submittal in accordance with 10 CFR 50.82. (This is appropriate because the decommissioning plan was required to contain all of the information required in the PSDAR, but in greater detail.) Consequently, in accordance with 10 CFR 50.82(a)(7), significant changes to major milestones, schedules, or cost estimates in approved decommissioning plans also require written notification to the NRC.

Written notifications of changes to the PSDAR that are made under 10 CFR 50.82(a)(7) or 10 CFR 52.110(g) do not require a 90-day waiting period before the initiation of any associated decommissioning activities. Although notifications of changes to the PSDAR are made publicly available, they are not noticed in the Federal Register or made available for public comment like the original PSDAR submittal, nor will the NRC staff typically hold a public meeting to discuss the proposed changes. However, if the licensee proposes changing the method of decommissioning (e.g., from a period of safe storage followed by decontamination and dismantlement to prompt decontamination and dismantlement), the NRC may elect to hold a public meeting if there is sufficient interest from affected stakeholders.

1 The Endangered Species Act prohibits the take of any federally listed species and states that the term take means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.

Pre-Decisional

RG 1.185, Rev. 2, Page 24 D. IMPLEMENTATION The NRC staff may use this regulatory guide as a reference in its regulatory processes, such as licensing, inspection, or enforcement. However, the NRC staff does not intend to use the guidance in this regulatory guide to support NRC staff actions in a manner that would constitute backfitting as that term is defined in 10 CFR 50.109, Backfitting, or 10 CFR 72.62, Backfitting, and as described in NRC Management Directive 8.4, Management of Backfitting, Forward Fitting, Issue Finality, and Information Requests (Ref. 42), nor does the NRC staff intend to use the guidance to affect the issue finality of an approval under 10 CFR Part 52. The staff also does not intend to use the guidance to support NRC staff actions in a manner that constitutes forward fitting as that term is defined and described in Management Directive 8.4. If a licensee believes that the NRC is using this regulatory guide in a manner inconsistent with the discussion in this Implementation section, then the licensee may file a backfitting or forward fitting appeal with the NRC in accordance with the process in Management Directive 8.4.

Pre-Decisional

RG 1.185, Rev. 2, Page 25 GLOSSARY decommission As stated in 10 CFR 50.2 and 10 CFR 52.1, to remove a facility or site safely from service and reduce residual radioactivity to a level that permits (1) release of the property for unrestricted use and termination of the license, or (2) release of the property under restricted conditions and termination of the license.

major decommissioning activity As stated in 10 CFR 50.2, any activity that results in permanent removal of major radioactive components, permanently modifies the structure of the containment, or results in dismantling components for shipment containing greater-than-Class-C waste.

major radioactive components As stated in 10 CFR 50.2, the reactor vessel and internals, steam generators, pressurizers, large-bore reactor coolant system piping, and other large components that are radioactive to a comparable degree.

DECON A decommissioning method under which the equipment, structures, and portions of the facility and site that contain radioactive contaminants are promptly removed or decontaminated to a level that permits license termination shortly after cessation of operations.

SAFSTOR A decommissioning method under which the facility is placed in a safe, stable condition (safe storage) and maintained in that condition until it is subsequently decontaminated and dismantled to levels that permit license termination. During SAFSTOR, the facility is left intact, but the fuel has been removed from the reactor vessel, and radioactive liquids have been drained from systems and components and then processed.

Radioactive decay occurs during the SAFSTOR period, reducing the quantity of contaminated and radioactive material that must be disposed of during subsequent decontamination and dismantlement. The definition of SAFSTOR also includes the decontamination and dismantlement of the facility at the end of the storage period.

Pre-Decisional

RG 1.185, Rev. 2, Page 26 REFERENCES2

1.

U.S. Code of Federal Regulations (CFR), Domestic Licensing of Production and Utilization Facilities, Part 50, Chapter I, Title 10, Energy. 3

2.

CFR, Licenses, Certifications, and Approvals for Nuclear Power Plants, Part 52, Chapter I, Title 10, Energy.

3.

CFR, Standards for Protection against Radiation, Part 20, Chapter I, Title 10, Energy.

4.

CFR, Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions, Part 51, Chapter I, Title 10, Energy.

5.

CFR, Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and Reactor-Related Greater than Class C Waste, Part 72, Chapter I, Title 10, Energy.

6.

CFR, Physical Protection of Plants and Materials, Part 73, Chapter I, Title 10, Energy.

7.

CFR, Financial Protection Requirements and Indemnity Agreements, Part 140, Chapter I, Title 10, Energy.

8.

U.S. Nuclear Regulatory Commission (NRC), Regulatory Guide (RG) 1.159, Assuring the Availability of Funds for Decommissioning Nuclear Reactors, Washington, DC.

9.

NRC, RG 1.179, Standard Format and Content of License Termination Plans for Nuclear Power Reactors, Washington, DC.

10.

NRC, RG 1,184, Decommissioning of Nuclear Power Reactors, Washington, DC.

11.

NRC, RG 1.191, Fire Protection Program for Nuclear Power Plants during Decommissioning and Permanent Shutdown, Washington, DC.

12.

NRC, RG 1.202, Standard Format and Content of Decommissioning Cost Estimates for Nuclear Power Reactors, Washington, DC.

13.

NRC, RG 1.235, Emergency Planning for Decommissioning Power Reactors, Washington, DC.

2 Publicly available NRC published documents are available electronically through the NRC Library on the NRCs public website at https://www.nrc.gov/reading-rm/doc-collections/index.html and through the NRCs Agencywide Documents Access and Management System (ADAMS) at https://www.nrc.gov/reading-rm/adams.html. For problems with ADAMS, contact the Public Document Room staff at 301-415-4737 or (800) 397-4209, or email pdr.resource@nrc.gov. The NRC Public Document Room (PDR), where you may also examine and order copies of publicly available documents, is open by appointment. To make an appointment to visit the PDR, please send an email to pdr.resource@nrc.gov or call 1-800-397-4209 or 301-415-4737, between 8 a.m. and 4 p.m. eastern time, Monday through Friday, except Federal holidays.

3 The Code of Federal Regulations may be obtained electronically from the U.S. Government Publishing Office at:

https://www.govinfo.gov/app/collection/cfr/.

Pre-Decisional

RG 1.185, Rev. 2, Page 27

14.

NRC, RG 4.15, Quality Assurance for Radiological Monitoring Programs (Inception through Normal Operations to License Termination)Effluent Streams and the Environment, Washington, DC.

15.

NRC, RG 4.21, Minimization of Contamination and Radioactive Waste Generation: Life-Cycle Planning, Washington, DC.

16.

NRC, RG 4.22, Decommissioning Planning During Operations, Washington, DC.

17.

NRC, RG 4.25, Assessment of Abnormal Radionuclide Discharges in Ground Water to the Unrestricted Area at Nuclear Power Plant Sites, Washington, DC.

18.

NRC, NUREG-1577, Standard Review Plan on Power Reactor Licensee Financial Qualifications and Decommissioning Funding Assurance, Washington, DC.

19.

NRC, NUREG-1700, Standard Review Plan for Evaluating Nuclear Power Reactor License Termination Plans, Washington, DC.

20.

NRC, NUREG-1713, Standard Review Plan for Decommissioning Cost Estimates for Nuclear Power Reactors, Washington, DC.

21.

NRC, NUREG-1757, Consolidated Decommissioning Guidance, Washington, DC.

22.

NRC, NUREG-1537, Guidelines for Preparing and Reviewing Applications for the Licensing of Non-Power Reactors, Parts 1 and 2, Washington, DC.

23.

NRC, Interim Staff Guidance Augmenting NUREG-1537, Part 1, Guidelines for Preparing and Reviewing Applications for the Licensing of Non-Power Reactors: Format and Content, for Licensing Radioisotope Production Facilities and Aqueous Homogeneous Reactors, Washington, DC, October 17, 2012 (ML12156A069); Interim Staff Guidance Augmenting NUREG-1537, Part 2, Guidelines for Preparing and Reviewing Applications for the Licensing of Non-Power Reactors: Standard Review Plan and Acceptance Criteria, for Licensing Radioisotope Production Facilities and Aqueous Homogeneous Reactors, Washington, DC, October 17, 2012 (ML12156A075).

24.

NRC, Decommissioning of Nuclear Power Reactors, Federal Register, Vol. 61, No. 146, July 29, 1996, pp. 39278-39304.

25.

NRC, Radiological Criteria for License Termination, Federal Register, Vol. 62, No. 139, July 21, 1997, pp. 39058-39092.

26.

NRC, Releasing Part of a Power Reactor Site or Facility for Unrestricted Use Before the NRC Approves the License Termination Plan, Federal Register, Vol. 68, No. 77, April 22, 2003, pp. 19711-19728.

27.

NRC, Miscellaneous Corrections, Federal Register, Vol. 79, No. 217, November 10, 2014, pp. 66598-66606.

28.

NRC, Decommissioning Planning, Federal Register, Vol. 76, No. 117, June 17, 2011, pp. 35512-35575.

Pre-Decisional

RG 1.185, Rev. 2, Page 28

29.

NRC, NUREG-0586, Generic Environmental Impact Statement on Decommissioning of Nuclear Facilities, Supplement 1, Regarding the Decommissioning of Nuclear Power Reactors, Volumes 1 and 2, Washington, DC, November 2002 (ML023470327 and ML023500310).

30.

NRC, NUREG-1496, Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Nuclear Facilities, Volume 1, Washington, DC, July 1997 (ML042310492).

31.

National Historic Preservation Act, 54 U.S.C. § 300101 et seq. (1966).4

32.

Endangered Species Act, 16 U.S.C. § 1531 et seq. (1973).

33.

NRC, Nuclear Regulatory Commission International Policy Statement, Federal Register, Vol. 79, No. 132, July 10, 2014, pp. 39415-39418.

34.

NRC, Management Directive 6.6, Regulatory Guides, Washington, DC.

35.

International Atomic Energy Agency (IAEA), Safety Standard Series No. GSR Part 6, Decommissioning of Facilities, Vienna, Austria, July 2014.5

36.

IAEA, Safety Standard Series No. SSG-47, Decommissioning of Nuclear Power Plants, Research Reactors, and Other Nuclear Fuel Cycle Facilities, Vienna, Austria, October 2018.

37.

IAEA, Safety Standard Series No. SSG-49, Decommissioning of Medical, Industrial and Research Facilities, Vienna, Austria, May 2019.

38.

IAEA, Safety Standard Series No. WS-G-5.2, Safety Assessment for the Decommissioning of Facilities Using Radioactive Material, Vienna, Austria, December 2008.

39.

Magnuson-Stevens Fishery Conservation and Management Act, 16 U.S.C. § 1801 et seq. (2007).

40.

CFR, Protection of Historic Properties, Part 800, Chapter VIII, Title 36, Parks, Forests, and Public Property.

41.

NRC, Best Practices for Establishment and Operation of Local Community Advisory Boards Associated with Decommissioning Activities at Nuclear Power Plants, July 2020 (ML20113E857).

42.

NRC, Management Directive 8.4, Management of Backfitting, Forward Fitting, Issue Finality, and Information Requests, Washington, DC.

4 The United States Code can be obtained electronically from the Office of the Law Revision Counsel of the House of Representatives at http://uscode.house.gov/.

5 Copies of IAEA documents may be obtained through the IAEA website at https://www.iaea.org/, or by writing the International Atomic Energy Agency, P.O. Box 100, Wagramer Strasse 5, A-1400 Vienna, Austria. Telephone (+431) 2600-0; fax (+431) 2600-7; or email Official.Mail@IAEA.org.

Pre-Decisional