ML111662005

Letter to Stakeholder Ltr Request for Comments on Consideration of Rulemaking to Address Prompt Remediation of Residual Radioactivity During the Operational Phase to Avoid Complex Decommissioning Challenges That Can Lead to Legacy Sites

ML111662005
Person / Time
Issue date:	06/28/2011
From:	Mcconnell K NRC/FSME/DWMEP
To:	Geiser D, Sweeney K, Sandra Walker National Mining Association, National Organization of Test, Research, & Training Reactors (TRTR), Nuclear Energy Institute, Nuclear Fuel Services, Sierra Club, U.S. Enrichment Corp (USEC), Union of Concerned Scientists, US Dept of Energy (DOE), Environmental Protection Agency
References
Download: ML111662005 (4)

Text

June 28, 2011 TO: Stakeholders Interested In Regulation of Subsurface Contamination and Decommissioning Financial Assurance

SUBJECT:

NOTICE OF AN UPCOMING WEBINAR AND REQUEST FOR COMMENTS ON CONSIDERATION OF RULEMAKING TO ADDRESS PROMPT REMEDIATION OF RESIDUAL RADIOACTIVITY DURING OPERATIONS The U.S. Nuclear Regulatory Commission (NRC) is seeking input from the public, licensees, Agreement States, non-Agreement States, and other stakeholders on a potential rulemaking to address prompt remediation of residual radioactivity during the operational phase of licensed material sites and nuclear reactors. While the NRC has not initiated a rulemaking on this subject, we are gathering information and seeking input for developing a technical basis document. To facilitate the publics and other stakeholders understanding of these issues and submission of informed comments, the NRC staff has scheduled a public webinar on July 25, 2011 from 1:00 pm to 5:00pm (EST).

A Federal Register Notice (FRN) will soon be published with details on the webinar. The FRN will discuss the potential rulemaking and solicit stakeholder input on specific questions. The FRN will include information on how to register to participate in the webinar. The webinar notice, agenda, and the staffs draft Proposal Technical Basis for Rulemaking will be posted in advance of the webinar at: http://www.nrc.gov/public-involve/public-meetings/index.cfm.

Background

NRC recently published the Decommissioning Planning Rule (76 FR 35512, June 17, 2011).

That rule provides a risk-informed approach to identifying radiological contamination, especially in the subsurface, that could cause an increase in cost of decommissioning that may impact a licensees ability to pay to remediate and ultimately terminate the license. This rule applies to the operational phase of a facility life, and requires licensees to operate in a way to minimize spills, leaks and other unplanned releases to the environment. It also requires licensees to check periodically for contamination throughout the site, including in subsurface soil and ground water. It does not have a mandatory requirement for licensees to conduct remediation during operations. In approving the rule, the Commission directed the staff to, make further improvements to the decommissioning planning process by addressing remediation of residual radioactivity during the operational phase with the objective of avoiding complex decommissioning challenges that can lead to legacy sites. Therefore, the NRC staff has started information gathering and analysis to consider a potential rulemaking requiring prompt remediation during operations.

2 In accordance with 10 CFR 2.390 of the NRCs Rules of Practice for Domestic Licensing Proceedings and Issuance of Orders, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records component of NRCs Agencywide Documents Access and Management System (ADAMS).

ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.

If you have any questions regarding this information, please contact Chad Glenn by email at chad.glenn@nrc.gov or at 301-415-6722.

Sincerely,

/RA/ by B. VonTill for Keith McConnell, Deputy Director Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs Addressees: see next page

2 In accordance with 10 CFR 2.390 of the NRCs Rules of Practice for Domestic Licensing Proceedings and Issuance of Orders, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records component of NRCs Agencywide Documents Access and Management System (ADAMS).

ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.

If you have any questions regarding this information, please contact Chad Glenn by email at chad.glenn@nrc.gov or at 301-415-6722.

Sincerely,

/RA/ by B. VonTill for Keith McConnell, Deputy Director Division of Waste Management and Environmental Protection Office of Federal and State Materials and Environmental Management Programs Addressees: see next page DISTRIBUTION:

RNelson, NRR J. Kinneman, NMSS K. OSullivan,FSME BWatson L. Chang RidsRgn1MailcenterResource RidsRgn2MailcenterResource RidsRgn3MailcenterResource RidsRgn4MailcenterResource ML111662005 Office DWMEP DWMEP OGC DWMEP DWMEP Name CGlenn SAchten BJones PMichalak BVontill for KMcConnell Date 06/13/2011 06/13/2011 06/23/11 6/22/11 6/28/11 OFFICIAL RECORD COPY

Addressees:

Stakeholder addresses Nuclear Energy Institute No particular person Union of Concerned Scientists 1776 I Street NW, Suite 400 National Headquarters Washington, DC 20006-3708 Two Brattle Sq.

Cambridge, MA 02138-3780 Stewart Walker U.S. Environmental Protection Agency Katie Sweeney, National Mining Association Ariel Rios Building 101 Constitution Ave. NW 1200 Pennsylvania Avenue, N.W. Suite 500 East Washington, DC 20460 Washington, D.C. 20001 David Geiser Sierra Club U.S. Department of Energy National Headquarters 1000 Independence Ave., SW 85 Second Street, 2nd Floor Washington, DC 20585 San Francisco, CA 94105 National Organization of Research and Nuclear Fuel Services, Inc.

Training Reactors 1205 Banner Hill Road Listserv - trtr-list@ecn.purdue.edu Erwyn, TN 37650 Chairman - Jere Jenkins -

jere@purdue.edu USEC, Inc.

6903 Rockledge Drive Bethesda, MD 20817-1818