ML24113A294
| ML24113A294 | |
| Person / Time | |
|---|---|
| Site: | 07000398 |
| Issue date: | 05/16/2024 |
| From: | Kenneth Kline, Osiris Siurano-Perez NRC/NMSS/DFM/FFLB |
| To: | US Dept of Commerce, National Institute of Standards & Technology (NIST) |
| Shared Package | |
| ML24113A292 | List: |
| References | |
| EPID L-2022-DFA-0000 | |
| Download: ML24113A294 (1) | |
Text
Enclosure TECHNICAL EVALUATION REPORT DOCKET: 70-398 LICENSE: SNM-362 LICENSEE: U.S. Department of Commerce, National Institute of Standards and Technology
SUBJECT:
NIST Decommissioning Funding Plan Update and Decommissioning Cost Estimate
1.0 BACKGROUND
Nuclear facilities licensed under Title 10 of the Code of Federal Regulations (10 CFR), Part 30 and Part 70, are required to provide adequate financial assurance for decommissioning, decontamination, and reclamation pursuant to the requirements in 10 CFR Paragraphs 30.35, Financial assurance and recordkeeping for decommissioning, (e)(2) and 70.25, Financial assurance and recordkeeping for decommissioning, (e)(2). The U.S. Department of Commerce, National Institute of Standards and Technology (NIST), holds Special Nuclear Material license number 362 (SNM-362). Pursuant to the requirements referenced above, NIST is required to submit triennial updates to its decommissioning funding estimate (DCE) and decommissioning funding plan (DFP) for the U.S. Nuclear Regulatory Commission (NRC) review and approval.
2.0 REGULATORY REQUIREMENTS AND GUIDANCE Pursuant to 10 CFR 30.35(e)(2) and 10 CFR 70.25(e)(2), NIST must submit an updated DFP for the NRCs review at the time of license renewal and at intervals not to exceed 3 years. The DFP must be resubmitted with adjustments that account for changes in costs and the extent of contamination. If the amount of financial assurance will be adjusted downward, this cannot be done until after the updated DFP is approved. In addition, the DFP must include a detailed DCE and a certification by the licensee that financial assurance for decommissioning has been provided in the amount of the DCE. NIST remains liable for any decommissioning costs not covered by the financial instrument referenced above. NIST also remains responsible for the current status and future decommissioning of their licensed site and facility, will continue to abide by all commitments and representations previously made to the NRC, and will continue to abide by all constraints, conditions, requirements, representations, and commitments identified in the license.
The NRC utilizes NUREG-1757, Vol. 3, Rev. 1, Consolidated NMSS Decommissioning Guidance - Financial Assurance, Recordkeeping, and Timeliness, dated February 2012 (Agencywide Documents Access and Management System [ADAMS] Accession No. ML12048A683) and Interim Staff Guidance on Decommissioning Funding Plans for Materials Licensees, dated June 2019, (ML19079A314) as guidance to evaluate DFPs submitted by 10 CFR Part 30 and 10 CFR Part 70 licensees.
3.0 STAFF EVALUATION By letter dated September 27, 2022 (ML22293A269), NIST submitted an updated DFP in accordance with 10 CFR 30.35(e) and 10 CFR 70.25(e) that require NIST to provide triennial updates to its DFP for NIST laboratories located in Gaithersburg, Maryland. During the NRC
2 acceptance review of the 2022 DFP, the NRC staff determined that additional information was needed before proceeding with detailed technical review of NISTs submittal. As such, by letter dated December 17, 2022, the NRC staff issued a request for supplemental information (RSI, ML22348A170). NIST submitted its responses to the RSI on January 24, 2023 (ML23060A262),
and the NRC staff informed NIST that the responses were complete but did not fully address the information requested. In its response, NIST also stated that it had begun the procurement process to have a new DCE completed in April 2023. Therefore, the NRC staff placed the technical review of the 2022 DFP on hold pending the receipt and evaluation of the new DCE.
NIST submitted an updated 2023 DCE on May 16, 2023 (ML23136B278). The NRC staff reviewed this information and, by letter dated June 14, 2023 (ML23157A267) notified NIST that it had determined that NIST had provided sufficient information to proceed with the full technical review of the September 27, 2022, updated DFP and supplemental letters.
The submission, which consisted of the 2022 DFP and the updated 2023 DCE, included a statement of intent and an updated DCE of approximately $7,595,850, which represents a decrease of approximately $1,431,516 relative to the 2019 DCE ($9,027,366) approved by the NRC staff on April 3, 2020 (ML20085G215). The submission, however, did not include a certification of financial assurance. The 2023 DCE reflects increases, as well as decreases, in various components of the DCE. The major reason for this is that the 2023 DCE is a completely new DCE that was developed by ReNuke Services, Inc., and Perma-Fix Environmental Services. The DCE states that the ReNuke Services team developed detailed bottom-up cost estimates based on review of facility design features, current and historical radionuclide use, present radiological conditions, and physical waste inventory. The ReNuke Services team also evaluated decontamination and decommissioning work approaches and task sequences to estimate labor, materials, and supplies (Page 1 of the 2023 DCE).
Upon review of the 2022 DFP and the updated 2023 DCE, the NRC issued a request for additional information (RAI) on September 12, 2023 (ML23221A357). Following two NIST requests to extend the due dates for providing their responses (ML23290A143, dated October 11, 2023, and ML23355A255, dated December 8, 2023), which the NRC granted (ML23290A148 and ML23355A254, respectively), by letter dated January 10, 2024 (ML24022A295), NIST provided its response to the RAI. In its response, NIST addressed all of the RAIs and provided certification of financial assurance. In addition, NISTs response included two enclosures (i.e., Enclosure 2, Facility Laboratory Cost Estimating Worksheet, and, Accelerator Component and Area Cost Estimating Worksheet) updating the information on the DCE. The NRC staff evaluated the information in the Enclosures and based on this information, calculated that NISTs updated DCE is for the amount of $9,809,294, which represents an increase of approximately $2,213,444 relative to the DCE submitted on September 27, 2022. The NRC staff noted that the updated DCE amount of $9.8 million is reflected in the updated certification of financial assurance submitted with NISTs responses to the RAI. The updated DCE reflects the correction of errors that NIST identified in their review of the 2023 DCE, in response to the RAI. Specifically, miscellaneous costs associated with security, and a calculation error that impacted the total cost for the additional radioactive waste for H-Wing ventilation were corrected. In addition, previously omitted shielding and support costs were included.
Consideration of Events on Decommissioning Costs When updating a DCE, a licensee must consider the effect of eight factors outlined in 10 CFR 30.35(e)(2) and 10 CFR 70.25(e)(2) on the DCE. The 2022 DFP states that the licensee considered the effect of the eight factors required by 10 CFR 30.35(e)(2) and 10 CFR
3 70.25(e)(2) on decommissioning costs.The 2023 DCE and NISTs RAI response contain additional information on some of the eight factors required to be considered. NIST addressed the eight factors as follows:
- 1. Spills of radioactive material.
The 2022 DFP states that [m]inor spills occurring over the last three years have been cleaned/decontaminated to pre-spill conditions with the exception of one laboratory in building 245. The 2022 DFP further explains that [t]he residual radioactivity is embedded in the floor tiles and will be remediated as part of the building modernization project. The residual radioactivity does not change the designation of the room as impacted and does not increase the total liability (Page 4 of the 2022 DFP).
This topic was not addressed in the 2023 DCE or in NISTs RAI response. Because of the nature of the information provided, the NRC concluded that it was reasonable to rely on the information presented in the 2022 DFP.
- 2. Waste inventory increases.
The 2023 DCE states that [t]he addition of H Wing ventilation provided a significant impact to the DCE cost as it will generate approximately 5,000 ft3 of radioactive waste to process and ship (Page 15 of the 2023 DCE). In addition, NISTs RAI response reads, During the review of the DCE it was recognized that there was a calculation error that impacted the total cost for the additional radioactive waste for H-Wing. This error has been corrected to the DCE (Enclosure 1 of the NIST RAI response).
- 3. Waste disposal cost increases.
The 2023 DCE states that [t]he Sources referenced in section 4 are assumed to go to a processor for encapsulation and disposal at the Waste Control Specialists Facility in Andrews, TX. The sources will be shipped as two Type B shipments at an estimated cost of
$640,000 ($320,000 each). This number was previously accounted for as $500,000.00 under miscellaneous in the 2009 DCE but has been included in the Waste Disposal Cost section (Appendix A tab 3.14) of the Laboratory Facilities and increased by approximately
$90,000.00 (Page 15 of the 2023 DCE).
Overall, the 2023 DCE states that for laboratory facilities [w]ith the increased cost of equipment, materials, waste processing and disposal, the cost of equipment and waste processing has increased by approximately $422,481 since the 2009 DCE. This is based on Appendix A tab 3.14 comparison and excludes the $500,000 sealed source cost added to tab 3.14 (previously accounted for in miscellaneous tab in 2009 DCE) (Page 15 of the 2023 DCE). NISTs RAI response also clarifies that [t]he 2023 DCE cost associated with packing and shipping was included in Waste Disposal Cost (Table 3.14(c)) (Enclosure 2) associated with the Sealed Sources. The table has been revised to include a note to reflect that the total cost has included packing and shipping.
The 2023 DCE also states that for accelerator facilities [t]he 2009 DCE concluded significantly less to package and ship the waste from the Accelerator areas. Waste Container costs have risen significantly since the 2009 DCE. It appears the disposal location from the 2009 DCE was either onsite, or not accounted for as this is where approximately $240,145 increase is found in our DCE (Page 16 of the 2023 DCE).
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- 4. Facility modifications.
The 2023 DCE states that [t]he 2023 DCE included rooms for various reasons required by MARSSIM. Over the evolution of the NIST site for the past 14 years, (108) rooms have been impacted, requiring them to be added to this DCE. Specifically, [s]everal rooms were added due to the new H Wing addition of building 245, and [s]everal rooms were identified as impacted by NIST [Radiation Safety Division] RSD, which were missed in the previous DCE (Page 12 of the 2023 DCE).
On the other hand, the 2023 DCE also states that Over the evolution of the NIST site over the past 14 years, (80) rooms have been positively impacted to allow removal from this DCE. Specifically, the 2023 DCE states that [s]everal rooms from the 2009 DCE were included due to their proximity to an impacted room. By default, rooms connected to impacted rooms are required to be evaluated per MARSSIM for their potential impact due to migration of contaminants. In addition, the 2023 DCE states that [a]pproximately (40)
Rooms from the 2009 DCE were extensively surveyed, decontaminated and/or decommissioned all together by NIST. Finally, the 2023 DCE states that [s]everal of the rooms in the 2009 DCE were unnecessarily included and after further evaluation and concurrence with NIST RSD, removal was appropriate (Page 12 of the 2023 DCE).
- 5. Changes in authorized possession limits.
The 2022 DFP states that [t]here has been no change in possession limits for the SNM-362 license. Thus, no impact to the total liability is expected (Page 4 of the 2022 DFP). NIST did not address this topic in the May 16, 2023, DCE update (ML23136B278) or in its January 10, 2024, RAI response (ML24022A295). Nevertheless, during the review of NISTs original submittal and supplementing letters, the NRC staff confirmed that the information provided by NIST in the 2022 DFP was still valid and that there were no changes to NISTs authorized possession limits.
- 6. Actual remediation costs that exceed the previous cost estimate.
The 2022 DFP states that there have been [n]o significant remediation costs changes identified (Page 5 of the 2022 DFP). Although NIST did not address this topic in the May 16, 2023, DCE update (ML23136B278) or in its January 10, 2024, RAI response (ML24022A295), during the review of NISTs original submittal and supplementing letters the NRC staff confirmed that, as stated in their September 2022 submittal, there have been no significant remediation costs changes identified at NIST.
- 7. Onsite disposal.
The 2022 DFP states that this factor is [n]on-applicable as NIST is not authorized to perform this activity (Page 5 of the 2022 DFP). This topic was not addressed by NIST in its May 16, 2023, DCE update (ML23136B278) or in its January 10, 2024, RAI response (ML24022A295). However, during the review of NISTs original submittal and supplementing letters the NRC staff did confirm that, as stated in its September 2022 submittal, NIST is not authorized to perform onsite disposal and, as such, it was not necessary for NIST to address this factor in the 2023 revision to the updated DCE.
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- 8. Use of a settling pond.
The 2022 DFP states that this factor is [n]on-applicable as NIST is not authorized to perform this activity (Page 5 of the 2022 DFP). NIST did not address this topic in its May 16, 2023, DCE update (ML23136B278) or in its January 10, 2024, RAI response (ML24022A295).
Nevertheless, during its review of NISTs original submittal and supplementing letters, the NRC staff confirmed that, as stated in its September 2022 submittal, NIST is not authorized to use settling ponds and, as such, it was not necessary for NIST to address this factor in the 2023 revision to the updated DCE.
Findings Based on the review of the September 2022 DFP submittal, updated May 2023 DCE submittal, and NISTs RSI/RAI responses, the NRC staff finds that the updated DCE ($9,809,294) is based on reasonable and documented assumptions, and that it reasonably estimates the cost, at this time, to decommission the facility, if necessary. Accordingly, the NRC staff finds that NISTs DCE satisfies the requirements of 10 CFR 30.35(e) and 10 CFR 70.25(e) and is consistent with the guidance in NUREG-1757, Volume 3, Rev. 1. The NRC staff concludes that the updated NIST 2023 DCE submitted along with NISTs RIA responses of $9,809,294 is acceptable.
NISTs response to the NRCs RAI on September 12, 2023, also includes a certification of financial assurance, signed and dated January 12, 2024, which covers the updated 2023 DCE
($9.8 million). The certification of financial assurance is consistent with the model language provided in NUREG-1757, Vol. 3, Rev. 1, Appendix A, Section A.2.4. In addition, the 2022 DFP includes a statement of intent as the financial assurance instrument, which is consistent with guidance in NUREG-1757, Vol. 3, Rev. 1, Appendix A, Section A.11 and that provides coverage at least equal to NISTs updated 2023 DCE.
4.0 CONCLUSION
The NRC staff concludes that there is reasonable assurance that NISTs updated DFP would provide reasonable and adequate protection of public health, safety, safeguards, security, and the protection of the environment. Therefore, the NRC staff finds that the proposed update is acceptable and that it meets the regulatory requirements to provide a DFP pursuant to the requirements in 10 CFR 30.35 and 10 CFR 70.25(e). NIST remains liable for any costs not covered by the financial instrument(s).
PRINCIPAL CONTRIBUTORS:
Kenneth Kline, Office of Nuclear Material Safety and Safeguards Elizabeth Kurz, ICF International Inc.