ML20203D132: Difference between revisions
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- The licensee shall avoid by project design, where feasible, :he archeological sites designated ! | - The licensee shall avoid by project design, where feasible, :he archeological sites designated ! | ||
" contributing" in the attachment to this license entitled, " Archeological Sites Related to the | " contributing" in the attachment to this license entitled, " Archeological Sites Related to the | ||
, White Mesa Project," submitted by letter dated July 28, 1988. When it is not feasible to avoid a site designated " contributing" in the attachment, the licensee shall institute a data recovery program for that site based on the research design submitted by letter from C. E. Baker of Energy Fuels Nuclear to Mr. Melvin T. Smith, Utah State Historic Preservation Officer, dated April 13,1981, ne licensee shall recover through archeological excavation all " contributing" sites listed in the attachment which are located in or within 100 feet of barrow areas, stockpile areas, construction areas, or the perimeter of the reclaimed tailings impoundment. Data recovery 6eldwork at each site meeting tiese criteria shall be completed prior to the start of any project related disturbance within 100 feet of the site, but analysis and report preparation need not b: complete. | , White Mesa Project," submitted by {{letter dated|date=July 28, 1988|text=letter dated July 28, 1988}}. When it is not feasible to avoid a site designated " contributing" in the attachment, the licensee shall institute a data recovery program for that site based on the research design submitted by letter from C. E. Baker of Energy Fuels Nuclear to Mr. Melvin T. Smith, Utah State Historic Preservation Officer, dated April 13,1981, ne licensee shall recover through archeological excavation all " contributing" sites listed in the attachment which are located in or within 100 feet of barrow areas, stockpile areas, construction areas, or the perimeter of the reclaimed tailings impoundment. Data recovery 6eldwork at each site meeting tiese criteria shall be completed prior to the start of any project related disturbance within 100 feet of the site, but analysis and report preparation need not b: complete. | ||
Additionally, the licensee shall conduct such testing as is required to enable the Conomssion to determine if those sites designated as " Undetermined" in the attachment and located within 100 feet of present or known future construction areas are of such significance to warrant their redesignation as " contributing." In all cases, such testing shall be completed before any aspect of the undertaking affects a site. [ Applicable Amendments: 15] (15.0) | Additionally, the licensee shall conduct such testing as is required to enable the Conomssion to determine if those sites designated as " Undetermined" in the attachment and located within 100 feet of present or known future construction areas are of such significance to warrant their redesignation as " contributing." In all cases, such testing shall be completed before any aspect of the undertaking affects a site. [ Applicable Amendments: 15] (15.0) | ||
. M!MNkNhiMMN#8 ne mill production per calendar year shall not exceed 4,380 tons of U3 0,. (12.0) 10.2 Any 2r, in :h; mi!! :irco. , n i!!="r;.cd cc.d ixrib;d in ."k 3.1 :' cf :he ;;=wr.! | . M!MNkNhiMMN#8 ne mill production per calendar year shall not exceed 4,380 tons of U3 0,. (12.0) 10.2 Any 2r, in :h; mi!! :irco. , n i!!="r;.cd cc.d ixrib;d in ."k 3.1 :' cf :he ;;=wr.! | ||
| Line 438: | Line 438: | ||
733 l' ' Oh," f ^-f Sep;;mter,10St. (14.0) [ Rationale: in the license renewal application] | 733 l' ' Oh," f ^-f Sep;;mter,10St. (14.0) [ Rationale: in the license renewal application] | ||
10 5 E;_ '"E-32[,,7 mi eh2 a 9.EM;dWi i f 'I.%5^MM)jMNO 4G During extended 'ods of mi:' standby, eight-hour annual sampling for U-nat, Ra-226. Th-230 and Pb-210 may eliminated it routine airborne sampling show levels below 10 percent of the MPC. Further, during perio:is of standby, s.' moling frequencies for area airborne uranium (4 sampling within the mit may be reduced to ldrterly,(provided mea of the MPC, the sampling frequency should follow Regulatory Guide 8.30 recommendations. | 10 5 E;_ '"E-32[,,7 mi eh2 a 9.EM;dWi i f 'I.%5^MM)jMNO 4G During extended 'ods of mi:' standby, eight-hour annual sampling for U-nat, Ra-226. Th-230 and Pb-210 may eliminated it routine airborne sampling show levels below 10 percent of the MPC. Further, during perio:is of standby, s.' moling frequencies for area airborne uranium (4 sampling within the mit may be reduced to ldrterly,(provided mea of the MPC, the sampling frequency should follow Regulatory Guide 8.30 recommendations. | ||
E 'Ihe licensee shall implement the interim stabilization program submitted to the NRC by letter dated December 18, 1985, for all tailings not covered by standing water. This p,rogram shall include written operating procedures and shall minimize dispersal of blowing tailmgs. The effectiveness of tie control method used shall be evaluated weekly by means of a documented | E 'Ihe licensee shall implement the interim stabilization program submitted to the NRC by {{letter dated|date=December 18, 1985|text=letter dated December 18, 1985}}, for all tailings not covered by standing water. This p,rogram shall include written operating procedures and shall minimize dispersal of blowing tailmgs. The effectiveness of tie control method used shall be evaluated weekly by means of a documented | ||
/ | / | ||
| Line 1,071: | Line 1,071: | ||
analyses, surveys and monitoring, the results of calibration of | analyses, surveys and monitoring, the results of calibration of | ||
. .l4 The results of sampling, dits and inspections, all meetings and training courses required r equipment, reports on au license and any subsequent reviews, investigations, and corrective actions, shall be doc Unless otherwise specified in the NRC regulations all such documentation shall be maintained for a period of at least five (5) years. (28.0) | . .l4 The results of sampling, dits and inspections, all meetings and training courses required r equipment, reports on au license and any subsequent reviews, investigations, and corrective actions, shall be doc Unless otherwise specified in the NRC regulations all such documentation shall be maintained for a period of at least five (5) years. (28.0) | ||
: p. M A copy of the annual ALARA report described in Section 5.3.2.2, modified by letter dated January 20, 1987, sha'l be submitted = ' . "RC, 'h. .L .:. R=.ay | : p. M A copy of the annual ALARA report described in Section 5.3.2.2, modified by {{letter dated|date=January 20, 1987|text=letter dated January 20, 1987}}, sha'l be submitted = ' . "RC, 'h. .L .:. R=.ay | ||
' of the renewal application Field GEse, by April 1,1987, and every year thereafter. (Applicable Amendments: 5] (33.0) | ' of the renewal application Field GEse, by April 1,1987, and every year thereafter. (Applicable Amendments: 5] (33.0) | ||
.L | .L | ||
Latest revision as of 14:31, 7 December 2021
| ML20203D132 | |
| Person / Time | |
|---|---|
| Issue date: | 09/02/1994 |
| From: | Joseph Holonich NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Ferdinand B, Grace M, Velasquez J AFFILIATION NOT ASSIGNED, QUIVIRA MINING CO., UNITED NUCLEAR CORP. (SUBS. OF UNC, INC.) |
| Shared Package | |
| ML20203D129 | List: |
| References | |
| REF-WM-5 NUDOCS 9802250356 | |
| Download: ML20203D132 (138) | |
Text
{{#Wiki_filter:- = _ - - . _- .. -_ _ i l j . Lt l i tn r uru urbn iw:, necoe e r, e .u..oce r, .nu m . e # i . e , a , :. a, the Attached list
Dear ladies and Gentlemen:
The U.S. Nuclear Regulatory Comission, in accordance with its commitment at 1 Transition Oversight Team meetings, has completed the development of the exano! mill and in situ licenses. As you are aware, Energy Fuels Nuclear, Inc. (EffD
'j Power Resources, Inc. (PRI) volunteered their licenses to be revised to demons:
available mechanisms to reduce the regulatory burden on uranium recovery licer including the implementation of the performance based license condition (P8LC). August 12, 1994, the NRC met with representatives of EfN, PRI, and The Americr Mining congress (AMC) to discuss their comments on draft versions of the examp, licenses. The sumary for this meeting is provided in Enclosure 1, The NRC s'
; has revised the example licenses based on coments received at this meeting ano now enclosing a copy of the example licenses for your use, l Each licensee should keep in mind the following when considering whether to
' implement changes similar to those s5own in the example licenses:
4 - 1. All changes to the license will require the submittal o. a license amendment request that documents the specific changes revested and provides justification for each of those changes.
]
- 2. The licensee will need to tailor the changes shown in the example i m to each individual licensee's situation.
Changes are not limited to those shown in the example license. The fd 3. always willing to consider additional changes. If you have any questions on the enclosed information, please feel free to contt
.. y your cognizant NRC Project Manager. General questions can be directed to Sandri Wastler, of my staff at (301) 415-6724.
Sincerely,
/ J. Holonich, Chief Jose High-level Waste and Uranium Recovery Projects Branch Division of Waste Management i Office of Nuclear Material Safety j and Safeguards y . Attachments: ,
- 1. August 12, 1994 Meeting Summary
- 2. Exemple Mill License
' 3., Exaviple In Situ License 9002250356 980213 PDR WASTE WM-5 PDR Enclosure 4
Sepember 2, 1996 I Adressees f or letter dated. . _ . . . . .
- Atlantic Richfield Company
- Quivira Mining Company Ron S. Ziegler Bill Ferdinand, Managei ATTN: ,
ATTN: Radiation Safety, ticennig & P.O. Box 638 Grants, NM 87020 Reg. Affair.- 6305 Waterford Blvd., Suilt 325 Oklahoma City, OK 73118 Hydro Resources, Inc. UNC Mining and Milling ATTN: Juan R. Velasquer ATTN: Mark Pelizza 1700 Louisiana Blvd... NE, .Stora 230 Uranium Resources Inc. 12750 Merit Drive, Suite 1210, LB 12 Albuquerque, NN 87110 Dallas, TX 75251 Sohio Western Mining Company 10 East south Temple ATTN: Michael P. Grace P.O. Box 11248 P.O. Box 731 Salt Lake City, UT 84147 Venice, CA 90291 Ferret Exploration Company of Homestake Mining Company Nebraska, Inc. ATTN: Fred Craft ATTN: Steve Collings P.O. Box 98 216 Sixteenth St. Mall, Suite 810 Grants, NM 87020 Denver, CO 80202 Rio Algom Mining Corp. Tennessee Valley Authority ATTN: Bill Ferdinand, Manager ATTN: Manager, Nuclear Licensing Rad. Safety, Licensing & and Regulatory Affairs Reg. Affairs SN 1578 6305 Waterford Blvd., Suite 325 lookout Place Oklahoma City, OK 73118 1101 Market Street Chattanooga, TN 37402 Plateau Resources Limited Atlas Corporation P.O. Box 2111 ATTN: R. E. Blubaugh Ticaboo Vice President of Environmental Lake Powell, UT 84533-2111 and Governmental Affairs Republic Plaza 370 Seventeenth St., Suite 3150 Denver, CO 80202-S631
' 4 ~.
Energy fuels Nuclear, Inc. Bear Creek Uranium ATTN: Gary Chase ATTH:- R. A. Van Horn Radiation Safety Officer Manager of Operations 6425 S. Highway 191 P.O. Box 366 P.O. Box 789 Casper, WY 82602 ! Blanding UT 84511 Umetco Minerals Corporation American Nuclear Corporation ! ATTN: William C. Salisbury ATTN: Jack Moore 550 North Poplar Street, Suite No. 6 General Superintendent P.O. Box 151 Casper, WY 82602
- Riverton, WY 82501 4 Power Resources, Inc.
U.S. Energy Corporation Kenneth Webber ATTN: Steve Morzenti ATTN: Vice President 877 North 8th West 1560 Broadway, Suite 1470 Riverton, WY 82501 Denver, CO 80202 a COGEMA Mining. Inc. Exxon Corporation ATTN: Chuck enldenauer c/o Exxon Coal and Minerals Company ATTN: Dave Range P.O. Box 730 Staff Environmental Engineer Mills, WY 82644 P.O. Box 1314 Houston, TX 77251-1314 Pathfinder Mines Corporation Pathfinder Mines Corporation ATTN: Lee Nugent, Mine Manager ATTN: Robert Poyser 7401 Wisconsin Avenue P.O. Box 831 Bethesda,1E) 20814-3416 Riverton, WY 82501 Pathfinder Mines Corporation Pathfinder Mines Corporation North Butte ISL )parations ATTN: Lee Nugent, Mine Manager Shirley Basin Mine ATTN: Donna L. Wichers Shirley Basin, WY 82615 935 Pendell Boulevard ntlls, WY 82644
e i
.Petrotomics Company Western Nuclear, Inc.
ATTN: Ron Juday, Supervisor ATTN: Stephanie Baker P.O. Box 8509 200 Union B1vd. Suite 300 Shirley Basin, WY 82615 Lakewood, CO 80228 Kennecott Uranium Company State of New Mexico ATTN: Oscar Paulson ATTN: Benito Garcia, Chief P.O. Box 1500 Hazardous and Radioactive Rawlins, WY 82301 Materials Bureau Camino De Los Marquez, Suite 4 P.O. Box 26110 Santa Fe, NM 87502 State of Neb. asks State of South Dakota ATTN: Tom Lamberson, Deputy Director ATTN: Mike Pochop, Scientist , Department of Environmental Department of Environment Quality and Natural Resources P.O., Box 98922 Division of Environmental Regulation Lincoln, NE 68509-8922 523 E. Capitol, Joe Foss Building Pierre, SD 57501 State of Utah State of Wyoming ATTN: William J. Sinclair, Director ATTN: Roger Fransen, Legal and Division of Radiation Control Natural Resources Specialist Department of Environmental Quality State Planning Coordinator's Office 168 North 1950 West Herschler Building, 4th Floor East P.O. Box 144850 Cheyenne, WY 82002 Salt Lake City, UT 84114-4850 State of Colorado State of Texas ATTN: Robert M. Quillin, Director ATTN: Susan S. Ferguson, Director Radiation Control Division Hazardous Waste Division Department of Health Texas Water Commission 4300 Cherry Creek Dr., So, P.O. Box 13087 Denver. CO 80222-1530 Austin, TX 78711-3087
l . M ate of Washington American Mining Congress ATIN: Terry R. Strong, Director ATTN: Robert Rivera Division of Radiation Vice President Protection P. O. Box 8369 Department of Health Santa Fe, NM 87504 P.O. Box 47827 Fax $05) 988-0091 Olympia, WA 98504-7827 (505) 820-6662 New Mexico Mining Associa, ion Uranium Producers of America Robert Rivera ATTN: Joseph H. Card, President ATTN: c/o Jon Indall, Carpenter, Comau, Executive Ofrector et. al. P.O. Box 6389 Santa Fa, NM 87504 P.O. Box 669 Santa Fe, NM 87504-0669 Colorado Mining Association Wyoming Mining Association ATTN: David R. Cole, President ATTN: Marion Loomis 1340 colorado State Bank Building Executive Director 1600 Broadway P.O. Box 866 Denver, CO 80202-4913 Cheyenne, Wyoming 82003 Utah Mining Association Wyoming Mining Association ATTN: Dale Alberts, President ATTN: Jack E. Christensen President P.O. Box 866 B25 Kearns Building Cheyenne, Wyoming 82003 Salt Lake City, UT 84101 American Mining Congress Envirocare of Utah, Inc. ATTN: James E. Gilchrist ATTN: Charles A. Judd Vice President Executive Vice President 1920 N Street N.W., Suite 300 American Towers Commercial Washington, DC 20036-1662 46 W. Broadway, Suite 240 Salt Lake City, Utah 84101
9 9 A'ITACHMENT 1
~ -. - - - - - - _
SUMMARY
OF Tile AUGUST 12,1994 MEETING j-t WITII ENERGY FUELS NUCLEAR. INC., POWER RESOURCES,1NC. I AND TIIE NUCLEAR REGeLATORY COMMISSION ON TIIE DRAFT EXAMPLE LICENSES ATPENDEES: NRC Power Resources, Inc. S. Wastler S. Morezenti (by phone) M. Layton P. Hildenbrand (by phone) J. Holonich L. McGonigal (by phone) D. Sollenberger B. Keamey C. Cain (summary only) American Mining Congress (AMD Energy Fuels Nuclear, Inc. J. Gilchrist R. Van Horn S. Scheirman M. Rehmann PURPOSE: The purpose of the meeting was to discuss the example licenses developed for Power Resources, Inc. (PRI) and Energy Fuels Nuclear, Inc. (EFN), as examples of the implementation of te performance based license condition, as well as, updated license conditions. PRI COMMENTS ON TIIE IN SITU LEACII DRAFT EXAMPLE LICENSE:
- 1. I iceaw Cnaditian 93 1 iranne Anolication PRI supported the reliance on a single license condition to tie it to commitments made in the license application, as donc in condition 9.3 of the draft example license. PRI indicated that this change created a more streamlined license. PRI also requested that other conditions in the draft example license, for example conditions 9.7,10.3,10.4, 9.10, and 9. I1, should also be dealt with in this manner. 'Ihe NRC indie*d that the conditions mentioned by PRI would have to be di=M individually, but there are some areas where the NRC will want a licensee to come in for an amendment, such as changes impacting the radiation safety analysis. Decisions on which of a licensee's curlent license conditions could be eliminated by the additio1 of a single condition tying the li< ensee to its license application would have to be made on an individual basis and tailored to each specific site.
1 Enclosure t
- 2. License Cmdition 9.4 - Performance Based Licease Condition ,
- a. PRI questioned the wording of 9.4 A (1), whick states "Make changes in the tacihty or process as presented in the application." Specifically, PRI wanted to know if the word " changes" in the sentence referred to changes in the facility or process, or changes in the application. The NRC ind;cated that the " changes" referred to were to the facility or process. The NRC indicateu inat the 9.4 A (1) would be made clearer.
- b. PRI requested a change to the wording of 9.4 B (3), which states "The change, test, or experiment falls within the alternatives analyzed and selected in the Environmental Impact Statement (EIS) dated XXXXXX,19XX (NUREG XXXX). PRI indicated: 1) that the wording "within the alternatives" limits a licensee from using new processes, that might not have been considered during the environmental review and 2) that reference to an EIS may be too general, in addition it pointed out that Environmental Assessments were done for the in situ's, not EIS's. Therefore, PRI suggested that the wording "within the alternatives" be replaced by the phrase " consistent with the conclusions in the Environmental ' essmem (EA)." The NRC agreed that the
, suggested wording more clearly captured the intent of the condition and agreed with the change,
- c. In regard to 9.4 0. PRI questioned whether furnishing information on changes made
- by an licensee using the performance-based license condition (PBLC) in an annual report was sufficient. PRI suggested that a report be required at the tinie of the i change. 'Ihe NRC indicated that reporting on an annual basis provides flexibility to a j licensee consistent with reducing the regulatory burden on uranium recovery licensees. Even with this condition, however, licensee can report a change at
- shorter intervals, or at the time a change is made.
- 3. I icame ondition 9.9 - Surety PRI disagreed with the condition's requirement for a licensee to carry a surety for all mining activities rupd for the entire life of the facility, as described in the license application.
- PRI was concerned because the condition would require more of its operating funds to go into securing the surety. In addition, PRI indicated that the situation could occur where the sunty would pay the NRC more than needs to reclaim a site. PRI indicated that it would psefer to maintain the current process of yeuy updates, where a licensee carries a surety based on current mining activities. 'Ihe NRC indicated that to give the licensees the hihilhy to open and close a wellfield without an amendment required that the surety requirements be increased accordingly. The staff understood PRI's concerns and stated that i the NRC would check with its financial experts to see if some compromise can be reached.
In addition, PRI indicated that in its case the surety goes to the State of Wyoming and that the impact of this condition on the State's requirements must be considered. 2 Enclosure ' 4
EFN COMMENTS OP.' THE MILL DRAFT EXAMPLE LICENSE:
- 1. License Condition 9.5 - Surety EFN concurred with the comments made by PRI regarding the surety and expressed their preference of maintaining the yearly updates.
- 2. License Condition 9.4 - Performance Based License Condition 4
- a. EFN concurred with PRI's comments on PBLC Section B (3) (see 2b above).
- b. EFN questioned the inclusion in the PBLC of a Section B (4) that required the filing of a license amendment if an " Action LA: vel" is changed. EFN indicated that the action levels were based on the old 10 CFR Part 20. The new Part 20, however, has already made changes that alter the " action LA:vels", so that including Section 8 (4) in EFN's PBLC would put EFN out of compliance. The NRC indicated that they would remove this requirement in the final version of the example license.
- 3. License Condition 9.12 - Acceptance of Material from Crown Point EFN indicated that this action has been completed and the condition can be eliminated. NRC indicated it will be eliminated in the final version of the example license.
- 4. I imnne Condition 11.10 C - Pond lamk Detection System EFN indicated that this action has been completed and the condition can be eliminated. NRC indicated it will be eliminated in the final version of the example license.
- 5. General Comment EFN suggested that it would be helpful to have those license conditions common to all licenses given the same condition number For example, the condition on financial surety, which is 9,9 in PRI's draft example in situ license and 9.4 in EFN's draft example mill license, would both be 9.4, for example, in all licenses. This would assist licensee's with
- nore thad one site. 'Ihe NRC stated that where possible, this change would be made in the r (ample licenses, AMC COMMENTS ON THE MILL DRAFT EXAMPLE LICENSE:
- 1. I icanee Condition 10.17 AMC requeste.1 that the condition regarding the npansion of well fields be modified so that the condition only applies if the State the facility is located in does not have an adequate program. The NRC indicated that it was still considering the form that this change should 3 Enciosure 1
. -- . . - .-. -- .--.. . -.... -- ~ - - -..-----.- ----.... ..~ .
J take and was not ready to raodify the condition at this time. ' AMC indicated that it would- . . provide suggested words for NRC consideration. NRC indicated that the Gnal cumple licenses would go forward and any change could be added later. CONCLUSION:- EFN, PRI, and AMC all expressed their appreciation of the work by the staff in preparing I- the example licenses All parties indicated that the example licenses wlere a valuable tool that,' when implemented,_would result in signincantly reducing the regulatory burden of the uranium recovery licensees. i t - 9 i A 4 l 4 y e r 4 -4 Enclosure . 4 ww w -w-s- M y. -,@ .-- , , ,grv, d e, a'w---+- .y --w -
.m i, r,. g ,-y g-- _.wg- , -,_,. y _.r,.--.,,,.,, .-
l 1 ATTACHMENT 2
Example License . for a Uranium Mill l Umetco Minerals Corporation SUA-1358, Amendment No. 34 Post Office Box 669 September 23,1991 40-8681 ! Blanding, Utah 84511 [ Applicable Amendments: 10A) l l l } 1
- Natural Uranium Any Unlimited i
l l
- u. .. c ".. ~1i_ttilt_r&tive'Coriditions i
M M
,' dese: The licensee's uranium milling facilities located in San Juan County, Utah. (9.0 - in addition to changes made to reduce regulatory impacts, the EFN license has been reorganized into the new licenseformat. The numbers in bracketsfollowing the license
- conditions in the example liceme refer to license condition number in the current liceme.)
l "
'tiiWF5H4Eemiji,59 vite 55'ieTt6iiptkiiFuniscident and event l gelephone notificatbni shall be addressed to the Chief, High-Level and j - -- M Office of Nuclear Matenal Wa.ord" dent depiso^ telephone notification.shall
~
l . _ istMD$155100ti l J For use in accordance with statements, reprewntations, and conditions contained in R:im: 3.5.5, 5.1, 5.3, 5.4, 5.2, .-J 5.3, -J ^.+-di; E, R ia 5, of the license renewal application dated Januarj 1985, as revised May 1985, and submittat dated September 2,1992, for the standby orgamzational structure. The licensee shall conduct operations in accordance with the conditans, representations, and statements referenced above, which are hereby incorporated by
- desence, except where superseded by license conditions below.
Whenever the word "will" is used in the above referenced sections, it shall denote a requirement. (11.0) m"'" 86 has* namance - - =:' ;;" "'--] [ Applicable Amendments: 28,31] 1,and 4
- - - ,nen_ ,_.
1 Example License SUA-13% Date Printed: Septenber f, '994 I ' Page 2 I i Q)~ Make changes in the procedures presented in the apphcation. { (3)" Conduct tests or experiments not prescrited in the application. ! B. - %e licensee shall file an application for an amendment to tne license unless the following
- co_n.ditions are satisfied. .
testAor,czystiment does not conflict with any. requirement specified in ! (1)e*h^ (eiiluding'the LJcense Condition Referencing the License Applica . [orjmpair the licensee's ability to meet all applicable NRC l i .
'in the essential safety or environmental commitments in the l 9)1 6 % ere ? _ .
. . . . . sapproved reclamation plan.
r l Y Q)1%e Impact or experiment falls within the activities described in Environmental
'(EIS) tlated May 1979:(NUREG-0556).
l ' (4)- No ?.ctica 1 vc! is ch=ged. C.? %e licensee'$ determinations concerning section (B) above, shall be made by a "Saidy
" ADe SBRP shall consist of a minimum of SERP'shauthaus in management and shall des (er shall have lmdpmentation of
- o. ff . 1(CRSO) or pound.
's'. emporary
'~
'widebers other tNe1hrehldentified above, may be
- . . . ._.t..s. :..
f^ *ON
~' '~
S medelbf the SERP, that NO '. jith the
\ 6 a an annual report to a% of the
;shall annually
_i_ . changes made under this 9.4 ";'e. .. g.;.;;;; in n , n;i;i:
=d inmd a =; ira.m;;d :y ac: pa icaly sx;:-;d by i: N"C,1: !!anxc sha!! preparc rici;y ; .c .:M in : ;igr.if.;n; ;.d; ;;; m,'..;;. =d i ,.p;::: Or;;id: ;;c ar.;; ven p:r;;ic=!y
- = cm!=:ica nxned cf
- " - in $= r.e;ies! ::_r-:d,1: !ics;a 1.'
=
- d.fr nie.^
i; p!:; 2d d';.i; p;ic py.y;;d of 1; MaC in 1 far;r, p;f ; : :La.;; ;meni=n:. (19.0) [ Rationale: PBLC] M De licensee shall maintain an 4NISuppumunddaarh,d costs. if 10 CFR 40, Appendix A, Criteria 9 and 10, adeguate to cover the estimate consistent with accomplished by a third party, for decommissionmg and decontamination of the mill and mill site, for reclamation of any tailings or waste disposal areas, ground-water restoration as
Page i i r warranted and for the long-term surveillance tee. Within three months of NRC approud of a revised reclamation / decommissioning plan, the licenwe shall submit, for NRC review and 4 j approval, a proposed revision to the Gnancial surety arrangement if estimated costs m approved plan exceed the amount covered in the existing fmancial surety. The reused surel ' shall then be in effect within 3 months of written NRC approval. Annual updates to the surety amount, required by 10 CFR 40, Appendix A, Criteria 9 an shall be submitted to the NRC at least 3 months prior to the anniversary date which is designate as June 4 of each year, if the NRC has not approved a proposed revision to the surety coserage 30 days prior to the expiration date of the existing surety arrangement, the licensee the existmg surety arrrgement for 1 year. Along with each proposed revision or annual up the licensee shall submi supporting documentation showing a breakdown of the costs and the basis for the cost estimates with adjustments for inflation, maintenance of a minimum 15 percen contingency fee, changes in engineering plans, activities performed and any other conditi affecting estimated costs for site closure. The basis for the cost estimate is the NRC a reclamation / decommissioning plan or NRC approved revisions to the plan. The prenously provided guidance entitled " Recommended Outline for Site Speci6c Reclamation and Stabilization Cost Estimates" outlines the ninimum considerations used by the NRC m the review of site closure estimates. Reclamation / decommissioning plans and annual updates sh follow this outline. Umetco's currently approved surety instrument, irrevocable Letter of Credit No. S00017012 issued by The Bank of New York m favor of the NRC, shall be continuously maintain l amount no less than $5,635,180 for the purpose of complying with 10 CFR 40. Ap;rndix A, Criteria 9 and 10, until a replacement is authorized by the NRC. (20.0) [ Applicable Amendments: 12, 21, 26, 29, 32]
'Ihe licensee is hereby adorized to possess byproduet matenal in the form of uranium waste tailings and other unnium byproduct waste generated by the licensee's milling operations authorized by this license. (10.)
9.5 " der :: :.....inds; cf :hi; hax, :he ha;a ;k" pmca& fa :mn;f : cf :;d :n hyproduct
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< 1: S sf US.), et.bh i; ;24 fa the d!;p;' n' cf ;=h b In=d S=:= a :h: S:..:e of ' hah, at
- [, an= $2 bag tr.; . bui
- y ;ionale:f
$2 t^ '; g' n. (21.0) [ Rat Contained m:h dbp;2 ;h :: $2 Uf.
in Regulations] __ a _, _ _ ...a. .mm.m g n, . .. c . m ._ 7 _. .., 7 m _ ,c n,n.
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- Date Printed: September 6, 1994 Page 4 i
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De license shall be required to use a Radiation Work Permit (RWP) for all work or nonroutine maintenance jobs where the potential for significant exposure to radioactive material exists and for which no standard written operating procedure already exists. De RWP shall be issued by [ [V the or his nate,** qualified) wa of _ . ialized radiation protection training, and shall u- - ~ < ' 8.'3 -- L' . t.. __ .. _. J
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--7 " , .'c." h ' r- .x^._'. (31.0) [ Rationale: Already stated in regulatory guide anl Ecesse renewal application]
- Page 5 9 Mill tailings other than samples for research shall not be transferred from the sitc without
( {p specific pnor approval of the NRC in the form of a 9.32 Uc !!cca;a is authod:cdas receive, yrtwew;-end-disme af+yptodue: =.mtmMite-MtM Ciswapcm: la ai:a umtsum-rtmery :aslity-itreeeoreance4th-lettef*-fetmt-Emuhunck ' . 5M Se. R;!;mdsa d;; d June 9,1987, April 25 and Apd! 28,19% fApplicah!c Ametemenn 5 W 13] (d9.9) [ Rationale: 'Ihis action was completed by the IJcenseej M in accordance with the licensee's submittal dated May 20, 1993, the licensee is hereby authorized to dispose of byproduct material generated at licensed in situ leach facilities, subjec to the following conditions: A. Disposal of was*e in excess of 10,000 cubic yards per year from single sources shall require s wific approval from the NRC. Informatmo submitted in support of such a request siall address potential impacts to the composinon of the tailings and shall inc an environmental report or supplement to previously submitted environmental reports if impacts from the disposal exceed (nose previously evaluated.
. All contaminated equipment shall be dismantled, crushed, or sectioned to minimize void
[M B. spaces. Barrels contaming waste other than soil or sludges shall be emptied mto the disposal area and the barrels crushed. Barrels containing soil or sludges shall be verified bl g ((t to be full prior to disposal. Barrels not completely full shall be filled with tailings or soil. C. All waste shall be buried in Cell No. 3 unless prior written approval is obtained f rom the NRC for alternate burial locations. D. All disposal activities shall be documented. The documentation shall include description of the waste and the disposal locations, as well as all actions required by this condition. An annual summary of the amounts of waste disposed of from off site generators shall be sent to the NRC. (55.0) [ Applicable Amendments: 33] The licensee is authorized to receive and process source materials from the Allied Signal
>- orporation's Metropolis, Illinois, facility in accordance with the amendment request da 8
4*, 15,1993. [ Applicable Amendments: 341 (56.0)
^ 2: ;==;;;; i-21 b; ;pp;ned in wd: lag by 1: Commid=. -The Cam.m==
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ins;ig;;= n: 35 = "st 55, Appadi; C, ad ;3.=: 421 f.s=primip n :fs=d ;.xep::b!: by :he SH Before engaging in any activity not previously ma=_i by the NRC, the licensee shall administe. a cuituml resource mventory. Al' disturbances associated with the proposed development will be completed in compliance with the National Historic Preservation Act (a
. < ' amended) and its implementing regulations (36 CFR 800), and the Archaeological Resources Protection Act (as amended) and its implemer. ting regulations (43 CFR 7).
In order to ensure that no unapproved disturbance of cultural resources occurs, any work resulting in the discovery of previously unknown cultural artifacts shall cease. The arti
t ampie L n eroe m-un Date Printed: September 6. 1994 Page 6 be inventoried and evalut x! in accordance with 36 CFR Part 800, and no disturbance shall occur until the licensee has received authorization from the NRC to proceed. (/6.0)
- The licensee shall avoid by project design, where feasible, :he archeological sites designated !
" contributing" in the attachment to this license entitled, " Archeological Sites Related to the
, White Mesa Project," submitted by letter dated July 28, 1988. When it is not feasible to avoid a site designated " contributing" in the attachment, the licensee shall institute a data recovery program for that site based on the research design submitted by letter from C. E. Baker of Energy Fuels Nuclear to Mr. Melvin T. Smith, Utah State Historic Preservation Officer, dated April 13,1981, ne licensee shall recover through archeological excavation all " contributing" sites listed in the attachment which are located in or within 100 feet of barrow areas, stockpile areas, construction areas, or the perimeter of the reclaimed tailings impoundment. Data recovery 6eldwork at each site meeting tiese criteria shall be completed prior to the start of any project related disturbance within 100 feet of the site, but analysis and report preparation need not b: complete. Additionally, the licensee shall conduct such testing as is required to enable the Conomssion to determine if those sites designated as " Undetermined" in the attachment and located within 100 feet of present or known future construction areas are of such significance to warrant their redesignation as " contributing." In all cases, such testing shall be completed before any aspect of the undertaking affects a site. [ Applicable Amendments: 15] (15.0)
. M!MNkNhiMMN#8 ne mill production per calendar year shall not exceed 4,380 tons of U3 0,. (12.0) 10.2 Any 2r, in :h; mi!! :irco. , n i!!="r;.cd cc.d ixrib;d in ."k 3.1 :' cf :he ;;=wr.!
g f ^':: 1 .'! c q ;:2 .ppr;;;! by :he U.S. P'='a ":g;h:c;j ComT.ini= in :he fwa>f-e ha,.x ;m=dma:. (13.0) [ Rationale: PBLC] l 10.3 .";h;.x cf ai; ms: ce pub;s frs= :he rc:r. : d na 2:.!! be in acordsee-wkh-the C=h;;; t: j',A 1,3,5S m;.'Ed, ",_Cui&!!as.for 0;;a, ,mmin;ica,_of 3 7;; ' .ci!!:ia !, u_._n_,___ _ ____._.a, ____a___ _ 733 l' ' Oh," f ^-f Sep;;mter,10St. (14.0) [ Rationale: in the license renewal application] 10 5 E;_ '"E-32[,,7 mi eh2 a 9.EM;dWi i f 'I.%5^MM)jMNO 4G During extended 'ods of mi:' standby, eight-hour annual sampling for U-nat, Ra-226. Th-230 and Pb-210 may eliminated it routine airborne sampling show levels below 10 percent of the MPC. Further, during perio:is of standby, s.' moling frequencies for area airborne uranium (4 sampling within the mit may be reduced to ldrterly,(provided mea of the MPC, the sampling frequency should follow Regulatory Guide 8.30 recommendations. E 'Ihe licensee shall implement the interim stabilization program submitted to the NRC by letter dated December 18, 1985, for all tailings not covered by standing water. This p,rogram shall include written operating procedures and shall minimize dispersal of blowing tailmgs. The effectiveness of tie control method used shall be evaluated weekly by means of a documented
/
* .-Page 7. . _
l ! tailings area inspection. [ Applicable AmenCments: 1, 3) (23 01 l t l M The licensee shall maintain effluent control systems as spt.ri0ed in Table 4.1 1 of the licemee's renewal application with the following additions: A. Operations shall be immediately suspended in the affected area of the mill if any o emission control equi) ment for the yellowcake drying or packaging areas is not opera within specifications for design performance. B. The licensee shall, during all periods of yellowcake drying operations, assure that the 4 scrubber is oprating within the manufacturt.r's recommended ranges for water How a _ f, . air pressure cifferential necessary to acnieve design performance. This shall be accomplished by either (1) performin2 :nd documenting checks of water Dow and y pressure differential approxirnately every four hours during operation or (2) installing C ~nstrumentation which will signal an audible alarm if either water Dou or air prewure differential fall below the manufacturer's recommended levels. If arj audible alarm is used, its operation shall be checked and documented daily. C. Air pressure differential gauges for other emission control equipment sha!! he readmgs documented once per shift during eperations. (34.0) 40." &mpb v;ba: cd ; .dyd: for d! in p!=: ;ir mai:=ing id! Se c.deq=: :s achieve cf 14 cf 0; '.!"C !!: :-1 b T;.bb 1, ^.ppadi; S of 10 CTT 20. (35.0) [ Rationale: ristatement of Pt 20 require nent] 10.!O ";; !!~..~; i .'! ;;i!!:: :h ac.;!:: cf b x! nm !b; E =bab:in ;mpbya ::pos= when lonale: In license renewaI application] 0;
- p' ;;rbs a -r- '. (36.0) [ Rat uipment
'Ihe licensee shall follow the pmposal for the disposal of contaminated material and ec 18,1985., .:h :::
generated at the mill site as described in their letter dated December
;.;vida $2: my ;S.= m!!! equipm=:, ac: ;peci".=!ly ;dda xd in :he :::c, which4he
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[BaHaml*: de_ s_e_ t o.,d'; waste back will not process)
'Ihe licensee is hereby exempted from the requirements of Section 20.20'.( )(2)1902 (e) of 10 CFR 20 for areas within the mill,
. M posted in acc.ordance with03(:)(2'.1 Section 20.grovided and with the words, that "all Anyentrances area withm to th this mill may contain radioactive matenal." 0 (27.M)
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1 _- _ Jtag agenents g. - - The licensee shall implement the effluent and environmental monitoring program specified in Section 5.5 of the renewal application as revised with the following modifications or additions:
Oate h inwor wpwn uvo , w- - - - , Page 9 A. Stack sampling shall include a determinanon of Cow rate. B. TLD chips used for radon monitoring shall be exchanged and read quarterly. C. Surface water samples shall also be analvzed semiannually for total and dissolved U n Ra 226, and Th 230 with the exception of the Westwater Creek, which shall be sampled annually for water or sediments and analyzed as above. A sediment sample shall no taken in place of a water sample unless a water sample was not available. D. Ground water samples from Monitoring wells 1, 2, 3, 4, 5, 11, 12, 14, 15, and the culinary water wel , shall be analyzed quarterly for pH, specific conductance, chlorides, sulfates, TDS, and U-nat. Quarterly water level measurements shall also be made. Ground-water sam)les shall be analyzed semiannually for arsenic, selenium, sodium Ra-226, Th-230, and Pb-210. E. D= for Mc quarterly ground cc::r parameters id! be maintamed-in-gfephieaf-IsmoW ccpics of ic graph included wim the environmentu! moni:cring repara submitteMn accorda:: with-10 CFIl 40.65dRationale: in the regulations] FE. The licensee shall utilize lower limits of detection in accordance with Sect Regulatory Guide 4.14, Revision I, dated April 1980, for analysis of efnuent and environmental samples. QF. The inspections performed 15, 1986, semiannually of the critical orifice a
%e submittal dated March shall be calibrated at least every 2 years against a positive displacement Roots meter to obtain the required calibration curve. (24.0)
[ Applicable Amendments: 2, 15, 28, 31]
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.65 Calibration of in-plant air and radiation monitoring equipment s aof the " Radiation Pro in-plant air sampling equipment shall be calibrated at least quarterly and the Kurz meter will be cahbrated at least annually. Air sampling equi) ment shall be checked prior to each use, and the checks documented. [ Applicable Amendments: 28] (40.0) 1 1. .,.
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_ _ _ _ _._ . __ Page 11 ateefs) a; deseribed in-their-lettef-dated-Dee tm+et-4&,- 1985 This pttyfunshan-mehde-emew opera ini; pmeeduresr The effectivenesttdahe euntr<4-methmi-w.ed4mlHeevedtuwed-weeh mean:. of a documen:cd inspeetioer---{Apphet44 4mendmen:s 1, 4-hf6.0)[ Rationale: in license application) R0 ne licensee sha!! impicmen:,-by-Dee:cmber %-4985. :he payram-petyoseeHnaheir4et+et-dated October 31, 1985, for the prever.ti ca of the-tecase of ma:erial-due :o an S X4tteftettfe-Sir:y &y; pdct ic the final pieeement of4he in:cdm ;oi! cover on Cc!! 2 the !!cen .cc ,hnll p.spose a rup:ure de:cetica program spedfte4cr Cc!! 3 [Applicab!c Amendmenta r: ! 11 (47.0)[ Rationale: in license application) M The licensee shall implement a ground water detection monitoring program to , ensure compliance to 10 CFR Part 40, A )pendix A. The detection monitoring program shall be m accordance with the licensee's August , 1989 submittal and include the following: A. The leak detection system for all ponds will be checked weekly, if liquid is present. it shall be analyzed for chloride, sulfate, selenium and pH. The samples will be statistically analyzed to determine if significant linear trends eust and the results will be submitted to the NRC, Diika of LW i&mpmvni, !!@ Lac! EJ' .mL *, .. " r c--j P.@ B .-d Urmian, "ecovery Fic!d afftee for review. If a significant trend is indicated, the licensee will submit roposed corrective action for B. review and aprova_l to the NRC, n un'y
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L a L m and e corrective action m shall .mmclude a discussion on (elineation of the areal extent and concentration at hazard constituents. C. To de:craine tihether in;r---^^ in the ."end 2 !ce.h i:ccd;;_L_it ^.p,:cm L.
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$0. The licensee shall sample monitoring wells 5,11,12,14, and 15 for potential hazardous constituents and submit this data to th.e N.RC " .~~ s" " "."' '" mz". - - <
mee- so "h?that '. ^^/^' can'be ~ lished an ground-water protection standards set. N8.0) [ Applicable Amendments: 6, 8, 10, 16, 22] 1 ., * ' [ 41 ' ' 4 M ,. ,st is e i. , ,
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monitoring- (25.0)[ Rationale: complete] analyses, surveys and monitoring, the results of calibration of . .l4 The results of sampling, dits and inspections, all meetings and training courses required r equipment, reports on au license and any subsequent reviews, investigations, and corrective actions, shall be doc Unless otherwise specified in the NRC regulations all such documentation shall be maintained for a period of at least five (5) years. (28.0)
- p. M A copy of the annual ALARA report described in Section 5.3.2.2, modified by letter dated January 20, 1987, sha'l be submitted = ' . "RC, 'h. .L .:. R=.ay
' of the renewal application Field GEse, by April 1,1987, and every year thereafter. (Applicable Amendments: 5] (33.0)
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MSO w;;hin twc work!n; 6p;;fter :em;f;e-contete--f37.DJ[ Rationale: in the regulatioml The licensee shall submit a detailed decommissiorang plan to the NRC at least twelve (12) 12.3_
. months prior to planned final shutdown of mill .,erations (J/.0)
FOR THE NUCLEAR REGULATORY COMMISSION DRAFT Date Joseph J. Holonich, Chief High Level Waste and Uranium Recovery Projects Branch Division of Waste Management Office of Nuclear Material Safety and Saf guards f i
=
s . A.- A _ _ m . h l ATTACHMFET 3
=__
l EXAMPLE LICENSE FOR AN IN SITU L EACll FACILITY ' Power Resources Inc. Example Perfonnance Hased Licenst P.O. Box 1210 Print Date: September 6.1944 Glenrock, Wyoming 82637 SUA-1511 40-8857 Uranium Unspecified Unlimited SECTION 9.0: Administrative Conditions 9.1 The authorized place of use shall be the licensee's Highland Uranium Project uranium recovery and processing facilities in Converse County, Wyoming. 9.2 All notices to NRC required under this license, with the'exceptionLo(incident and event ~ notiAcetion shall be adiffe'~s sed to ths Chief, High-Level
'"^^ - =t, Ofke of Brasch' :of ^
I gMjgTJc[... ' that' require s ~- 4
$s ib at[-(301) 816-51 t;;;5, ;=1 ;\ nds ;j " 14 Of.%.: "aknse rejects ou cbnsoManon oiUR ticenune acnesnes to NRC Headquarters 9.3 Fluihiaegeocordance hitl.i" statements,:
- w : _:._representations
- _ /.an,d.cond.iti.ons
- _. . .__ a contained
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- "^ ...s':, iadp; ira;, ;. .d .m;;;-:-.t:ic .; ;;r. tined in V; r.: 6 cf tiie licensee's application submitted by cover etter dated March 20,1991, as revised by page changes submitted on May 26,1992; July 8,1992; and-July 16,1992; and " - '- ^ ^ ~ -sub a . '. :: d on March 4,1994. In addition, the licensee shall conduct its activities in accordance with i the provisions in the following submittals:
i October 20,1988: Research and Development Pilot November 16, 1992: Respiratory Protection Program February 4,1993:- Slurry Toll Processing December 20,1993, Modification to the F-Wellfield and January 26,1994: ground-water monitoring program R----f'-- of f.; 2:= dd"' , the4ellawing-license-een& tim; 2.'! c.cinde ny ep P
- Draft, Perforcance-Based Lice Power Resources, Inc. 40-8 Page 2 September 6, I Whenever the word "will' is used in the above referenced sections, it shall denote a requirement. [Rationalet ties licensee to entire license application]
[ Applicable Amendments: 2, 7, 17, 18, 36, 41, 44, 45, 46, 50, 51) 9.4 Ae, /I1alicensee may, without prior U.S. Nuclear Regulatory Commission approval, and subject,10. the conditions specified in Part B, of this condition: M$ntFMidges in theJacility or process, as presented in the application,
.htist pr90eghires presented in the application.
SQ(ledbetitestslorfespietimerits not jwe/.Jiri the application. IR9""f11FBdtMme"shall fileian application for an amendment to the license, unless the followmg challitionsiste saliified, ' (1)il< .cuange,' test, or experiment does not conflict with any requirement specifically in this license (excluding the License Condition Referencing the License Apph'e,ntion br Reclamation Plan), or impair the licensee's ability to meet all app 8 cable NRC regulations, CDL ta commitments in the
' " ' ~ ~ '
- lc~ondabist with the conclusions pf actions
; mental Aiaessment (PA)'dened Xxxxu 19XX
?
conoemi. sectiori(B) above, shall be made by a " Safety Panet S . " MSERP shall consist of a minimum of tho 4BRP t s8 have 4 in ;management and shall member lshall hase
- le4 ' entatior of
= tothe radiation safety of (CRSO) or as" to address
^
sud gts si y :hys'ics, ground-and others Temporary thedefpursuard to this condition These
'evelhettons','made by the SERP, that Wie lance;with the
' &aamual report to ts[biclediag'4 summary of the ofanch.ita ' ' die Ibensee shall annually Jtequiesapplication to soflect changes made under this I
- - - - . . - _ _ . _ . _ _ ______m_ _ _ _ _ __ _ . _ _ _ _ __
vrar(, Pe rt o rtiidtN e - ts a s eu 4 s .
,- Power Resources, Inc. 40~
Page 3 Sept nber h, 1 Any-signift'eettt-ehhttttMHtHhe4teetbeef tmtttteg-ttteet ttine-fesitteled-ttfrit-showit-ttH4nte-l of-theOpetelitmt44htettf-the-appfoveti 4teeneeppliett'.i<nMhttli-fettttite-ttt*ptovnM*v-4ht' NRC--itHhe-fotnatf-a4icense-ementbnent- l Apphrab!c Amendments: 4 5 ] am a "*i, , the Performance Bmed Lurns Cahrwn 9.510 The licensee shall maint un an NRC appro,ed financial surety arrangement, conustent with 10 CFR 40, Appendix A, Criterion 9, adequate to cover the estimated reclamation and closure costs, if accomplished by a third party, for all existing operations and any planned expensions'or operational changes for the upcoming year. Reclamation includes all cited activities and smund water resmration, as well as, off site disposal of byproduct material Which mayjaciude evaporation ond wanes. ecmp!: tion of 1,c-NHE-epstomhke-ekettre p,en;x.u.;n cammi>>ioning and iccat m:n:t;an, t,,e ant-of-off*ite di;pc=! .d;;;,et;ve cf r.g; 2;lid ekv: ,,_ gra.md m m ,,,,,Jan&p wad regdats, and groem d-wnter icAer;tica, as warranted- dhhin-3-tmmths-of-NHd-epprovaFof-e-revisetkittwk*wfe FlC; 2; !!cen;ce ;h;!! :n.bmit for NRC review and appica!, a proposethrevistotHtHhe d fmaneial-surety mrang; ment if-the-eMimataheosts4n-the newly app;ambite-ekt ette-f an e*eced Se amountwvered-in-theciMing-ftnanciahurety-A-fevised-*ntety-+hn1Hhen-be iweifc ' " ' umths+f-wrhten-NitG.-epproveh chance made to orpnt Pror...wwn e tra+,a conditton. Annua! updates to the surety amount, required by 10 CFR 40, Appendix A. Critermo 9 shall be provided to the NRC at least 3 months prior to August 31 of each year. It the NRC has not approved a proposed revision 30 days prior to the expiration date of the . existing surety arrangement, the licensee shall extend the existing arranrement, prmr to expiration, for 1 year. Along with each proposed revision or annual update of the surety, the licensee shall submit supporting documentation showing a breakdown of the costs and the basis for the cost estimates wit 1 adjustments for in0ation, maintenance of a mimmum 15 percent contingency, changes in engineering plans, activities performed, and any other conditions affecting estimated costs for site closure. Tf& licensee shall yirovide an updated surety, and receive NRC approval before Io!r as planned e sior, or operational change which has not been rety,u te, This surety Update shall be'pttwidea to the NRC at of the planned 3capansion or operational change. The licensee shall also provide the 'RC 'vith copies of surety related correspondence submitted to the State, a copy of tb- State's surety review, and the Onal Ppproved surety arrangement. The licensee must also ensure that the surety, where authorized to be held by the State, identifies the NRC related portion of the surety and covers the above ground decommissioning and decontamination, the cost of offsite disposal, soil and water sample analyses, and ground water restoration associated with the site. The basis for the cost estimate is the NRC approved site closure plan or the NRC approved revisions to the plan. Reclamation / decommissioning plan, cost estimates, and annual updates should follow the outline in the attachment to SlJ A-1511 entitled, " Recommended Outline for Site Specific Recimnation and Stabilization Cost Estimates."
. Draf t, Performance-Hased lict i Power Resources, Inc. 40-6 '
Page 4 September 6, I Power Resources incorporated's currently approved surety instruments, irrevocable 1.ette* of Credit No. SFO 870lM issued by National Westminster 11ank I'LC and confirmed by National Westminster Bank USA Reference No. S050925, and irrevocable Letter of Ciedit - No. S 865154 issued by Morgan Guaranty Trust Company, both in favor of the State of Wyoming, shall be continuously maintained in the sum total amount of no less than
$6,191,400 for the purpose of complying with 10 CFR 40, Appendix A. Criterion 9. until a replacement is authonred by both the State of Wyoming and the NRC.
, (Applicable Amendments: 18, 25, 27, 36, 39, 45, 47) l 9.9 h ":::= b =1; dud :: dL2 :( $3p;dx: ;;:d:.' imm. :k H ;hba! unmimn l P;i ::::;b :L :d by :M ??MC ;;;uda bypied= ; :bL The licensee shall ,
'f:5ff H.j 1 dE;:n:
M :'::::': fx2bj'::
- .;;- 0; ??%C b ad:be
" "- dQu=' :.g;u; maintalo
.; .; ==: k =d the:izd wate disposal
- nak. In the event the agreement expires or is term nated, the licensee shall ac:'fy be NH6
" ; .b : E: x a rj Tk d f& ;, 2 b 7 aaikb; d; f ;; 2; ::pl=:ica 2 :c. A attain 3 new agreement fd! b: stab:.d is: NMC pp. =p .w ;ithin 90 days after espiration, o the licensee will be prohibited from further lixiv ant injecilon. [ Applicable Amendments:
17, 27, 45) cw e smate to rejsect re.;famance aased combrwn 9.fH h lLx::: fdl cdga = MSO :s 1; ;k sa a p:;m=:a: fd! :im; hsa The Radiation l Safety Officer (RSO), or his designee, shall have the education, training and experience as specified in Regulatory Guide 8.31. (Apgllc hk A;u nd = = =: 451- ' 9rH h RSO 2d' k ;="Sd = :;:dSd b S;;b= !.2 :.ad 2.4.! cf N;;b: cry C !f: S.3!, ': fax:Sx ibvs: :: Swi; :h: On ,.:.S 2! P:fb:km E:,-- - , "r!r n!2h Liu k A: On A: .tn:=t:j Adbydh," fr:" at:) 1933. c
;;:rir:. The RSO shall also receive 40 hours of related health and safety refresher training every 2 years.
1 Individuals designated as the Radiation Safety Technician (RST) shall report directly to the r RSO on matters dealing with rr.diological safety. In addition, the RSO shall be accessible
- to the RST at all times. The RST shall have the qualifications specified in Seeha 2.4.2
! of Regulatory Guide 8.31, or equivalent. Any person newly hired as an RST shall have all work reviewed and approved by the Site RSO as part of a comprehensive training . program until appropriate course training is completed, and at least for 6 months from the date of appointment. , [ Applicable Amendments: 28, 35, 36, 45) cwse made so comwar comhrion v.it omi v.D. n=f r&ener _:=: s,Maus u ihr yj, .=< aonded. 9 99 Standard operating procedures (SOPS) shall be established for all operational activities involving radioactive materials that are handled, processed, stored, or transported bv bpkw accordance.. with 10SOPS CFR Part shall 20.include appropriate Bef-ff r Ob: P;;;;; ;.'s id!radiation amfam tosafety 40G 2 = 2^. Written procedures shul be establish $d for non-operational activities to include in-calibration. plant tad environinental monitoring, bionssay analysis, and
ouer r<ewu r r e , a sic
- u ;
Page 5 Septc ber 6, 19., agents in the processing pl uit or in we,i fields for aquites restoratmn in aemrdanc An up to date mp3 ground water restoration methods described in the license atiplication. of each SOP shall be kept in each area where it is uwd All SOPS shall be reviewed and approved in writtnp by the Operations Manager and the Safety Director before being implemented and whenever a change in a procedure is proposed. SOPS for activities involving radioactive materials shall also be rev approved by the Corporate Radiation Safety Officet (CRSO) prior to im existing facility SOPS related to activities involving the handling, processing, stormg. 1 transporting of radioactive rnaterials shall be teriewed by the CRSO on an annua [ Applicable Amendments: 45] 9.98 Release of equipment, materials, or packages from the restricted area shall be in accordance with the attachment to this liwnse entitled, " Guidelines for Decontamma Facilities and Equipment Prior to Release for Unrestricted Use or Termination of 1.ic for Hyproduct or Source Materials," dated September 1984, or suitable alternative procedures approved by the NRC prior to any such release [ Applicable Amendmentv 45j 9.10G Any corporate organization changes affecting the assignments or reporting res of the radiation safety staff as described in Scctim 9 af the Operations P:an of the approved license application and as shown in the subrnittal dated November conform to Regulatory Guide 8.31nran feappetweHr the NHG4tHWimoN4kme omwr om,rc ro arm au
;msdam:. [ Applicable Arnendments: 18,27,29,I6,37,40,45)
' wrapriate suidanu as she perprmance standard. The licensee shall have a training program for all site employees as described in sa+tm 9.$4 94ef Regulatory Guide 8.31 and as detailed in Su:.= , c. the Operations Plan of the approved .icense application. [ Applicable Amendments: 45] 9.12M The licensee is exempted from the requirements of 620.1902(e) of 10 CFR 20 whien addresses requirements for areas within the facility in which use or storage of uranio.. thorium exceeds a designated level, provided that all entrances to the facility are conspicuously posted in accordance with Section 20.1902(e) and with the w withm this facility may contain radioactive material."
- Additionally, the licensee shall maintain the well field area postings to notify peo
~
co1me.contine mahnenance jobs wlare the potential onsite radiol ical hazards. too standasd.wrinen operating esistedJer. safety shs3 haplelseM Ouidte,3L h" ndt eta; &am= procedures =.,=ing =:Mim er . .a s ...a c u..;;; W;;;.3 F ;;d!! ;a;!: la i,;; ==: ap:,;;; :s ;;d!=enve
.cM-k.'; ;;d f;; at';d. = SOP nin; d.;". ;;,;;.ir; ;;n;;;;;d ;;a. cua::c! ..M-HWPs.
(Applicable Amendments: 36, 45, 50J chanse made to reprence apewenair xmaan r n p.,; m mandard. 9 36 Before engaging in any activity not previously assesse devc!c+ir. cat will be completed in compliance with the National Historic P (as amended) and its imp ementing regulations (36 CFR 800), and the Archaeological
i
* - Draf t , Perforcance-Rased Ucc.
~ Power Resources, Inc. 40-S Page 6 Septc:ber 6, I Resources Protection Act (as amended) and its implementing regulations N3 CFR 7). [ Applicable Amendments: 36,45] 9A in order to ensure that no unapproved disturbance of cultural resouren occurs, any work resulting in the discovery of previously unknown c Jtural anifacts shall cease. The artifacts shall be inventoried and evaluated in accordance with 36 CFR Part MI. and no disturbance shall occur until the licensee has received authorization from the NRC to proceed. [ Applicable Amendments: 36, 45) co,whnoa 9.6 a,vl va r,m/ nard , l 9.!f Th; !!b..7.6 c _ .....-..i,_,.'<_ i_ ! !;,2;;;G' .'h; u _E.Ta,igGey ^.;;;en
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rr " ' " "" " ~ t'r " " ' v" ' L h T;;^'; = 2: 45] Deleted-licever alreah ned to the hcome opphcanon under hsense wnahrwn U l 9. !? T'. !!ani .u d, .;t_'! ;;pi2 :he .9?gh!=d-Ur=:a;; Praju: ;;heit a:. &sernmNn i c__a__ 2 _ ;_ ;;j i;; ;; .;;;.g_ ;; ;; ;,_, g <,;;;.,, ggae A m=dm==: 2 7, N, 45) - Deleted.hcemer already tred to the hceme opphranon under ho rnse wndinon
- 9. .t SECTION 10.0: Operations, Controls, Limits, and Restrictions
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10.2 *";; !! 2::: id! ;;;i : kjn:'0, ;.-d ;;eeJ;;y ;!! b;';!b bn in ;Gnk;memee-*Nh E--f: 6.3 of ;'; O, ; :bs " = cf :h; . ,;p; c:d han :.pph:ba. l Appliedde h~.=i =2; $$} - Dritted-licener altrody tied to the liceme apphcnnon under liseme wouhrwn v.) 10.P 'Ihe licensee shall perform mechanical well integrity tests on each injection and production well before the we;is are utilized and on wells tut have been serviced. Integrity tests shall be performed using techniques approved in the Unde.rground injection Control program administered by the State of Wyoming and E::f:; f.33f the Operations Plan of the approved license application. Any failed well casing that cannot be repaired to pass the integrity test shall :s plugged and abandoned. [ Applicable Amendments: 45) 10.P Baseline ground water quality sampling shi11 provide representativepre mining ground-water quality data and restoration criteria u described in E=:b. 7... =d 7.5 cf the Operations Plan of the proved license application. " ; ;d .ue: 8.di:y Sr dl x- . ri.5,; =it n .': chr!^^;d 2 m; :h; p;b :: thiska: "- g;bja:;;;. The data shall, consist of analyses for ground water constituents as described below and in I at a minimum,th conjunction wi Section 7.5.2, Table 1 (short list), Section 7.5.3, Table 2 (long 7,6.2 (upper control limits) of the approved lleense application:
Urat t , Perf ortance-Hased I sco s Power Resources, Inc. 40-81 Page 7 Septenber 6, l'. .
- Production pattern (MP) wells; Two long lists and two short ;
l lists
- Monitor ring (M) and trend (1) One long list; three UCL wells: suites .
- Overlying (MO) and underlying Two long lists; two UCL suites (MU) wells:
[ Applicable Amendmeats: 4,6,9,12,16,17,22,30,36,43,45,48J The wells for establishing baseline ground water quality shall be placed in each mining 10.$ unit at the following points: (1) all mining unit perimeter monitor wells, (2) at least one upper and lower aquifer monitor well xr 3 acre area of production pattern area, and (3) at least one production rone monitor wel of five of these wcJls shall be installed per permine 3 acres unit. Applicable of p[nxiuction Amendments:pattern 2, 24, area. A 38,45) 40 4 s: :he fcllcuir. b are aj:i;:aved as de!!aca:cd-imthe4eem,eeN kf;;;;.;;,' wS .j;;;;;W-- mining uni:::, UG Mining-Unit b.mi::a' N ie i,_.___L__ 2n ano, .. J c - _.u ._ , i . ,n c _ _ J e vv y w . v .- . .rv , seua, suvu neww w, . =seav v-w Ev VwTUF W g s 57% tv';c;.mber 2,1938 Seetio,_n4Wr0 mu .c_us S:-d g ue - v v wa s s yw wwp C7 s :b 10 i) C .- NIe
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t i i e e i Draf t Perforcance-Based lict Power Resources, Inc. 40 t { Page 8 September 6,;[ t l n*
- s. t.i.r _ ., .i c.._
. . ,..J .,s
[ Applicable Amendments: 4, 6, 9, 12, !6. 17, 22, 30, 36, 43, 45. 4% S il n."A..rs n oh Luceme Comhnon l1.3. !
!O 7 DO !iOJTJ ,. i .O ;;ihO ; ^;rbOG db:IdC 10kdon Gi :h0 liftivitttti-%tifhtfMMyyetH+f j
i hyJ:sf ;; p.;;dde add:::. hay verk:~;. f;;; :hi;: mtin;;;an $d! regatre-a+eeme
- ..~;..Ta;; lhppN;bk h.Te^.A.T;;;;. !2, 36, ^5) ()eleteJ.humer ohrody nrJ to the Inense Wsylication under liceme condition 9.3/ also changed to cortform to the Performame Bosed Lnrnse G>mhnun.
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h ^^::i.T.:;* ^: ^ 5] Deleted-licemre eterndy tied to the liceme application under tu rnse ,omhnon VJ ICS h;j d ?.i^ ~' *^^.y;; c,hkh ;,;; e p;,4.;;;!; , ;,;; i;;j;;;k \.;;;.;ry b;k;;e r - . f ;;;;;n:, Ph. of-ibettymmti
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II E C h f; ;; I;.... O f ; 1 67. % ;..T.en d.T a n:. (Appl hk Ain;nd nn.;;;M.- Oh/Mrint. licensee already tied to the licene opphcanon under herme conhtron V3 10.4M To ensure the total satellite ca ncity is not exceeded, the annual throughput shall not exceed an average Dow rate of 7500 gallons per minute, exclusive of restoration slow. r Yellowcake production shall not exceed 1.897 million pounds annually. [ Applicable
- i. Amendments: 17, 36, 45] .
! 10 H4 Radium settling ponds shall have at least 3 feet of freeboard The Satellite I and i Satellite 2 purge storage reservoirs shall have a 2 foot freeboard requirement until July 5 r 1994, and a 4 foot requirement thereafter. The licensee shall at all times maintain i sufficient capacity in tbe Satellite i purge storage reservoirs to enable transferring the contents of any one radium settling ynd to the reservoir. In the event of a radmm settling pond leak and subsequent transfer oiliquid, the freeboard requirements for the purge i storage reservoir may be suspended dunny the repair period. [ Applicable Amendments: 45,52,53] i 10549 All liquid effluents (selweiene) from process buildings and other process waste streams, - with t te e.xcep. . __ mtion of sanitary _<____ .m ___.w_astes, _m.. shallu be W. _ m . __ _,, as .c described c _ ,.,2 .. _c in - ".. 7.______,- _ - - , , _ - ~ - _ _. _ t,he @_ _, u .s Pl.an o,f th,e approved.licen.se . _ _ _ u_applic,,ation, .a u.. h!! ;'c- ;n,,_:: dkp;;a'
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[ Applicable Amendments:___ 45m) casane made se =prm to the perfm anu.smed mene n.mhtion. 10563 he liansee shall maintain effluent control systems as specified in "aci= a l' af the . license application, with the following additions: A. Yellowcake drying and packaging operations shall be immediately suspended if any of the emission control equipment for yellowcake drying or packaging areas is not 1 operating within specifications for design performance.
. B. De licenses shall, during all periods of yellowcake drying operations, assure that
- the manufacturer's recommended pressure is maintained for the package and dryer scrubbers. His shall be accomplished by either (1) performing and documenting
'i d
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{'o0rResources,Inc. 40 88 ' Page 9 Septe:ber 6, ,19 l checks of air pressure approximately every 4 hours during operation, or (2) installing mitrumentation which will signal an audible alarm if the air pre does not meet the rnanufacturer's recomrnended levels. its operation shall be checked and documented daily. [ Applicable Amendments: 36,45) 10.JH For work radiation in restricted work areas or areas permits in conformance as defined whh Reg,ulatory in 10 Guide CFR 8.31. whl for :::ran :c radianc:iv; ;m.:criah e= hts and .ar wh.d; na SOPoht' ira ! Fr n". (RWP) ;hd! b; ;c+d c4 Such permits shall describe the following: A. The scope of the work to be performed. B. Any precautions (such as supplemental radiological monitoring and s necessary to reduce exposure to radioactive materials to levels as achievable (ALAR A). Non routine maintenance activities which expose workers to airborne uranium or daughters shall require use of continuous breathing rone monitors. The RSO, RST, or their designees shall indicate by signature that each RWp reviewed prior to initiating the work. Exposure calculations shall be perfor accordance with fgdica 9.4 ef the license application. (Applicable Amendments: 45) aanxe nuute to reference appropnarr guidance as th standard. 10.$5 be appropriately instnseted in security, safety, process areas. Visitors, including contractors, shall be required t sign in station and shall be instructed in security,licable 45] Amendm appropriate, prior to entering a well field. (App DELETED by Amendment No. 50. 10.l$4 The licensee shall require that all process and maintenance workers w 10 5W recovery areas: or work on equipment contaminated with radioactive ma notective clothing including coveralls, rubber gloves, and boots or shoe covers.
; Applicable Amendments: 45]
Within restricted areas, eating shall be allowed only in designated eating areas. 10.gNI [ Applicable Amendments: 45] restricted area, all arocess workers shall shower or monitor them 10.RW Before leavi OHide4SDA, tag'sadiation survey instniments
^
"ndde 8.30, using a a nfbnna ' ~ .
- ..r:__ Shi^ *..'.1:5mi3?.f. SU. w ;p d25:i.s; 5 h;j:J;;; :h: ad;;;an ac:;an I;Vd Of di ;/10b CTd f.d! seg.!; F;;;;;d ;0 f:-x;t;;;;O nd i;;urvey
,* Draf t, Perf orcance-Hased Iic, l Power Resources, Inc. 40-,
Page 10 Septcreber 6, 4 I them*, elves-tmtif-etmtaminatkm ;, l::.; tharrtheaethm4evel--The4ite41%*-tievre shall-perform-end-tk;eu;nent :.;maurveyHer alpha cantamntathweat4cas: ytmfletbm worker *4eaving-thefestriederea- ( Applicable Amendments: 45) ri,m r.-,lc m m,om, opywjmate gwdance as the performance starularJ. i All radiation monitoring, tam) ling, and detection equipment shall be recalibrated af ter whicheser is 10 1420 each repair and as recommenc ed by the manufacturer, or at least annually, ionally ch more frequent. In addition, all radhtion survey instruments shall be operat with a radiation source cach day when in use. [ Applicable Amendments: 45] The licensee shall maintain an area within the restricted area boundary and at each satellit 10.MH facility for temporary storage of contaminated materials. All contammated wastes i disposed at a licensed radioactive waste disposal site authorized to accept life)2 matenal. [ Applicable Amendments: 20,45J 1 srrrION 11.0: Monitoring, Recording, and Bookkeeping Requirernents 11.1 Flow ratt .br production wells shall be measured and recorded on a daily basis. Inje flow rates shall be measured and recorded at least every 3 days. [ Applicable Amendments: 45) 11.2 T!WDilensee 6ha!! 6(miduc0well-field monitoring in accortlance with the Operations Plan
-- ww.y pg,,,, j,;3,cggo, . of the license application. Each specific,
~. itadepostammoniterkyprogram for demonstrating compliance with t!#UpperiContml Liraits apenhHahad for each wellfield, as' described by Licens
- j&& tWell field monitoring wells shall be monitored once every 2 weeks, inItemMith*n accordance w'ith bda 84-of the Operations Plan, of :k ;ppr;ced kenm ;ppka:im.
! +rsc;d: tk fe!!:;ing ==hs;ing program A = d;rc;;=: B W d; Fid : ,d ;;mus: =ll mad!&ati:m
?t) 19,19.8 i
Ity 2, !"10 C "!d! Fic!d mani:cr wd! idendka:km i Jdy 23,199! C- =d D "!d! Fidd mani: acing for an!y ><atef , lced; in ;cm; wd!s I A;gn: 19,19^! B Wd! Fidd cacum!= =ll mah;;ing
." :y 13, !"12 C , D , B "!d: f.dd msni:ar wd: modifienthm l C; d ;; S,!"92 B "!d! Fidd =;mim ;;d! mani;;;ing (Applicable Amendments: [8,23,33,34,42,45]
11,3
, L /.L.g, y ,- o 3 ; UCL,)Jorwash saining 99 unit,ggprior n y 7t r ,g ,w Medediated as-described in the o J ii 3 M [MMf* ' , D alp * , tor wells in conformance t -
. .t 4 ixiviantwithexcursions the
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m4 . , m arwm .. m .. fruer Resources, Inc. 40 8 l Page !I Septenber 6, ! Chkids, bi;erkRt., ard s4.n;h. ::styietettfNtededtetette ontNy 2 wech+rdti
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xxii:' c.La :h: ac ;:.: 12. 28. i".= x xx;b , f= :' anze ::= mek!y 2 pk:r [ Applicable Amendmente
- 45) Cwne made w co% o the Performar.ce4urd Dceve Comhtwn.
11.4 Tlie licensee shall establish an ef0uent and environmental monitoring program in accordance with L;2r 0.7 =d 0.3 c' the Operations Plan of the approved license 4 application and ^.::ch==: 2 of the WDEQ-Water Quality Divis Application Permit No. 92 077 dated April li i F ility, Quality Division A 1993. Prior to release for unrestricted use, the licensee shall dated September 36>, plication for Satellite No. 2 Wa demonstrate that radionuclide levels meet applicable criteria. [ Applicable Am ' 36,45,53] 11.5 *Ihe results of sampli ng, anal yses,surveys, monitoring, equipment calibration, reports on audits and inspections, all meetings and training courses required by this subsequent reviews, investigations, and corrective actions, shall be do otherwise specified in the NRC regulations, all such documentation sh at least 5 years. [ Applicable Amendments: 45] 11.6 During production, the RSO, RST, or a trained16,designee 45) s daily walk through inspection of at:momtoring requirements are 11,7 DELE!'ED by Amendment No. 50. 11.8 DELETED by Amendment No. 50, 11.9 *the licensee shall perform alpha contamination survey:s of the cha and offices in conformance with f::f n !.5 xf Ti ! c' Regulatory Guide 8.3 blosssay samples are analyzed in house, the licensee shall 45) surv as specified in I::fx 3. ;' Regulato.'y Guide 8.31. [ Applicable Amendmen
** Oraf t , Perforcance-based I tcer Power Resources, Inc. 40-8l .' Page !? September 6, 1s 11,10 The calculation of occupational exposures to soluble uranium shall be performed and documented within I week of the end of the regulatory compliance period as specified m 10 CFR 20.1201(c). Routine air particulate samples shall be analyzed m a timely manner Non-to allow exposure calculations to be performed in accordance with thi, condition.
routine sam)les shall be analyzed and the results reviewed by the REO or deugnee mthm 2 working cays after sample collection. [Applicab!c Amendments: 45 50) The pipeline that tran rts waste water from the Satellite 2 to Satellite I treatment facility 11.11 shall be inonitored as llows: A. Standpipes shall be utilind at 1000 foot intervals along the pipeline route for leak detection. Standpipes shall be rnonitored for leak detection and integrity on a monthly basis. Al; observations and maintenance checks shall be recmded. B. Legs for pump rates and volumes shall be maintained on a daily frequency. [ Applicable Amendments: 17,36,45] 11.12 The licensee shall implement a urinalysis prograrn as outlined in Hemned-to Regulatory Guide 8.22 and Exu;;4.hf the Operations Plan of the approved license apphcation. [ Applicable Amendments: 36,45] 11.13 De licensee shall perform and document a weekly visual inspection of the Satellite No radium settling ponds and liners, and the Satellite No. I and No. 2 storage reservoir embankments and fences, as well as measurements of pond and reservoir frect>oard, Weekly checks of the Satellite No. I radium setting pond leak detection system sha be documented. Should analyses indicate that a pond is leaking, the pond contents sha transferred into an alternate impoundment and repairs undertaken. [ Applicable Amendments: 5,45,53] SECTION 12.0: Reporting Requirements A: H 2 ; .cni; prix :s !b; hint injaC n in a:h nining ;.nh, :k ;nia; ..ai: hydadope 12.1 ' m-Sc ;c.:m'Un;; gr;=d - t n;_, ad :h; kwhn:
" .:r't ':% 'n; h~d;;;;gd:E:2;c .h NRC. 'h :;.b .!: .' 22" p;;p:- UGb for i'd:.2:t,b!:y L it. nd Mu ir":, d$ k:
;~;dnnv;;y in :." ;;;=h;;ing ca"; f;; ach ;;ining a..i: in x::in -.$ Ed;; 7 cf M C, cin M2 ;f :k ;.,j;.. rend !!an:: 7.ppka:;;
":: :: = nt .: := m::=9,12,3p.d t: -
[ Applicable Amendments: UC' :., 30, 45) ainu mir to w+,m m rar trifm Ucmecanoton. 12.2 De ruults of ef0uent and environmenta monitoring shall be reyrted to the NRC in acconiance with 10 CFR 40.65. His report shall also include tie following: A. Results from employee urinalyses if an exposure exceeds action levels described Rd= " ;f the Operations Plan of the approved license application. B. Injection rates, recovery rates, and injection trunk line pressures for each s
' urett,retourcso w cawu w Power Rescurces, Inc. 40-1!
' Page 13 September 6, 9 i ,
lacility. C. Monthly water quality analyses for tne irrigation sprinkler discharge consisting of: ' pH, conductivity. TDS. Na, Ca . Mg. K. Cl. SO . HCOi, As, H. Se. (1,0.. and Ha-4 i 226 D. Results from the Satellite No. 2 Wastewater Land Application Facility monitoring
' scatie 1 dated October 5,1 93.
program described iri l able 7 of the amendment app Monitoring data shall be repected in the format shown in the attachment to this license entitled, "Sampic Formal for Reporting Monitoririg Data." [ Applicable Amendments: 36, 45, 53) l 12.3 In the event a lixiviant excursion I, :onfirmed by ground water monitoring, NRC shall be notified by telephone within 24 hours and by letter within 7 days from the time the excursion is confirmed. In addition, a written report shall be submitted to the NRC within 4 2 months of excursion confirmation. The re, port shall describe the excursion event, corrective actions taken, and results obtained, if the excursion is not co,1 trolled at the time the report is submitted, the licensee shall suspend injection of fixiviant withir, the mining unit including and adjacent to the well on excursion until such time as the excursion is considered controlled or has terminated, if, at the time of reporting, the licensee can demonstrate that the excursion is controlled, the licensee may inject lixiviant at a rate which does not change or hinder the trend in ground water quahty improvement. Control of an excursion shall be indicated by ground-water quality data p$ch show set voveel the phwneef degraded water g quality has not increased ,n extent, and set shotv the ground water quality of the impacted aren is improving. [ Applicable : i A ts: 12, 45) I i 12.4 In the event radium settling pond analyses indicate that an impoundment is leaking, the NRC shall be notified by telephone within 48 hours of verification. Standpipe water c uality samples shall be analyzed for chloride and conductivity once every 7 days during tte leak penod and once every */ days for at least 2 weeks following repairs. Additionally, water samples =ll=mi at the pond standpipe shall be analyzed for the full suite of mrameters as defined in the WDEQ, Land Quality Division, Guideline 8, Appendix 1, at , east once per month during the leak period, A written report shall be fded with the NRC within 2 months of first notifying the NRC that a leak salets. 'Ihis report shall include analytical data, describe mitigauve action, and discuss the results of that action. 4 [ Applicable Amendments: 5,45] I 12.5 'Ihe licenses shall report incidences in accordance with 10 CFR 20.2202. Additionally month subsequent to a reportable incident, r. written report shall be submitted to the NR 4 Miing the conditions leadin g to the incident, corrective actions taken, and results achieved. [ Applicable Amerw ments: 45, 50] i 9
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' .'s Uraf t , Perfor ance-Ilased iicer i v Power Resources, Inc, 40-El > . Page 14 September 6, 11 ' 12.6 The licensee shall conduct restoration activities in accordance with the ground water restoration - application. plan included in Steitm4-of the Reclaination Plan of the on a production unit average, to baseline cenditions. A secondary goa! of returnmg the ground water to a c uality consistent with the use or mes, for which the water was suitable j )rior to in situ leac1 mining, may be approved in accordance with Seethm4d-of the Acclamation Plan of the approved license application. [ Applicable Amendments: 32. 45] 12.7 *ne licensee shall submit a detailed decommissioning plan to the NRC for review and i approval at least 12 rnonths prior to final shutdown of mining operations. l Applicable i Amendments: 45) 12.8 An audit team comprising licensee management shall perforrn an annual Al. ARA audit of the radiation safety program in accordance with &ch; 2.?.? cf Regulatory Guide 8.31. The RSO shall accompany the audit team. A report of this audit shall be submitted to the NRC within 60 days after conducting the audit. The report shall also summarire the results of the daily walk through it.npec'iont. [ Applicable Amendments: 36, 45] FOR THE NUCLEAR REGULATORY COMMISSION Date: DRAFT Joseph J. Holonich, Chief High Level Waste and Uranium Recovery Projects Br.nch Division of Waste Management Office of Nuclear Matenal Safety and Safeguards
8till5 i _ -- . . w Pre G ;l18r( posed Rulesmdp*C*Ahph N. #, . N "a % "" " Thursday, February 27.1Hf {UWlb ffkL l l in the Supplernentary Infomation fees nMew / orf the NRC to recover Ttus secton of 1ho F EDE RAL REGISTER approximately 100 percent of its bu4et contains rottes to the pide, of the p(gioned Sec11on. authority for FY 1996,less the asumme of ru6es e<xs regulatons. Tt* The agency workpapers that support appropristion received from the Nuclear puqose of these retices is to owe enterested these proposed changes to 10 CFH parts Waste Fund. Several c.hanges to the fees perwr a an (44Krtunty to participate 01 the 170 and 171 may be etamined at the asu ,cd for FY 1990 were adopted by "d849 For to the a@pt9 of Ife final NRC Public N.ument Room at 2120 L the NRC. nese changes were Street, NW. (Lower t.evel), Washirston,
- DC 20$55-(Xa01, highllghted in the final rule (61 FR 16203; April 12,1990) and bear on the NUCLEAR RFt1ULATORY FOR FURTHE R INFORMATION CONT ACT C.
*Pproach for establishin annual feet set fames llolloway Jr., Office of the Chlef forth in this proposal ru e.
COtele&SION Financial Officer, U.S. fluclear Regulatory Commission, Washingtone 11. Proposed Action 10 CFR Ports 170 and 171 05554001 Telephone 301-415- ne flRCis proposing to amend its Mi 3150,AF 64 licensing, inspection, and annual fees to Revlolon of Fee Senedules; 100% Foo $UPPLtWENT ARY INFORM ATION: recover approdmately 100 percent of ith g py g FY 1997 budget authority, including the I. Badground. budget authority for its Office of the AGEleCY1 Nuclear Regule. tory 11. Pmpneed Action.
!!!.Sectiody 5.ection Analysis. Ins;metor General,less the Commission. appropriations received frm the NWF ACTION: proposed rul1 IV. ElMtmnic knt and the General Fund. For FY 1997, the V. Envimnmental impact: Catigorkal Exclusion. NRC's budget authority is $476.8 SUtsbaARY:We Nuclear Reguistory inillion, of whid: $11.0 million has VI Paperwork Feduct on Au Statement Commission (NRC) is proposing to " been appropriated from the NWF. In amend the 1,msin , inspection, and R ry fby Andysis^ additjon,33.5 million has been annual fees diarEe( to its applicants IX. Badnt Andyeit appropriated from the General Fund for andlicennees he proposed amendments are necessary to I. Hukground activitim related to commercial Public Law 101-508, the Omnibus vitrification of waste stored at the imple. ant the Omnibus Budget Department of Energy llanford, Recondi te?lon Act of 1990 (OBRA-90), Dudget Remndliettan Act of 1990 Washington, site.no FY 1997 which n& dates that the NRC recover (ODRA-40), enacted November 5,1990,
*PPmximately 100 pement of its budget requirw that the NRC tocover *PProPristico statete states that the 5 million appropriated for regulatory authority in Hecal Year (FY) 1997 less approximately 100 pertent of its budget reviews and other activities pertaming amounts appm ated from the Nuclear authority,less the amount appropriated to wastte stored at the llanford, Waste Fund (N F). The amount to be fmm the Department of F.nergy (DOE) Washington, site shall be excluded from remvered for FY 1997 is appmximately administeral NWF, for FYs 1991 license fee revenues notwithstanding 42
$462.3 million. through 1905 by assesstng fees. O*hA- U.S.C. 2214. Werefore, NRC is required DATES:De comment period expires 90 was amanded in 1993 to ext 3d the to collect approximately $402.3 million March 31.1997. Comments received NRC's 100 percent fee recovery in FY 1997 through 10 CFR part 170 after this date will be considt 31 if it is requirement through FY 1996, licensing and inspection Ises and 10 he NRC teammans two types of fees to prAl to do me, inst the NRCis able CFR part 171 annual fees.
to ensure only that comments reonived remver its budget authority. First, license and insportion faes, established he total amount to be recovered for on or before this date willbe FY 1997 sad therefore the total fees,is maandard Because OBJtA-90 requires in 10 GR part 170 under the authority of the independent Offices the same as the amount estimated for that NRC collect tlw FY 1997 fees by recovery for FY 1996,llowever, the Septeinbar 30,1997. requesta for Appropriation Ad (IOAA),31 U.4C. exta==ha of the r====at period will; 9701, recover the NRCS cxwts of distribution of the total amount to be
' colladed letween the two types of fees s , providing tudividually identillably
, notle greated: l written comroents to: services to opediSc applicants and is different.De NRC estimates that AcosusesselMai licensees. Exnsaples of the servime oppmximately $96 million would be Secretary.U.S. Nualear Regulatory recovered in FY 1997 fmm feos assesse Commteston, Weehington, DC 20555- pmylded by the NRC for which these under 10 CFR part 170 and other 0001, A'I'IR Docketing and Services fees are asset nd are the review of receipta compared to 5120.5 inillion in applications for the issuance of new FY 1996 We remaining $366.3 million -
Brands. Hand deliver comments to: limnees, a7provals ne renewals, and 11555 Ror kyllie Pike, Rockville, In FY 1997 would be recovered through amendme ts to lice sees or approvals. Maryland 20652,between 7:45 am and Second, atmual fees, established in 10 the to CFR part 171 annual fees. 4:15 psa Federal workdays. (Telephone Because the to CFR part 170 fees and 301-415-1678). Copies of comments CFR part 171 under the authority of other offsetting roostpts for FY 1997 in OBRA-eo.rooover generic and other somtved amey be examined at the NRC below the estimate f9r FY 1996, annual Public Docuenant Room et 2120 L Street, regulatory costs not romveesd through to CFR 170 fees, lose must tourense The lower estimate NW. (Lower level), Waahlatrton, DC for 10 CFR part 170 fees plus other On A til12,1996(61 FR 16203),the 20555-0001. For information on lished its final rule establishing changes cause an 6.2 perant increase - submitting coanments electronically, see NRC p FY 1997 annual fees compared to FY the limnsing. inspection *md annual the discussion under Electronic Access Enclosure 5
8888 l'tdercl R gitter / Ynl. b2. No F4 / Thursday, l.Stuarv 17, tw7 i Propomi Ruin l _ _ _ __ _ _ _ _ _ (ornply with the guidata e in the < ost t enter cont epts, all budgeted 1996. These (htnges are enore fully resouras are assignad to t ost ant tra
- esplatned in het tion II. The followirig Conference Comnuttee Res ,rt or, "
OllRA.-90 that fees nues*ed under tot the estent they ran be disunguisheo ,! esamples illustrate the a hanges in Independent Offhen A} proprisin i AcI These costs include all salar c. and , annual fees. benefits, t untract support, and tragel 1 (IDA A) tet uner the foll cost to the NP( FY 1991 of identifiable tegulatory servitxs eat b that support eat h cost crntet attnity. FY 1996 M osed Third.tbc NRC proposes to adjust the annual fee licant or lit enwe recch es ! """""" ,pf,irst, the NRC is proposing to arnend current part 170 licensing and inspntion fees in $$ 170 21 and 170 31 Class of bcens. b 17011 of the Commisseura's fee tegulations to add an nemption for apphcants and licenwes to reflect eet- 1 8 both the changes in the revised boutly ! Power teac- tirovision for those amendments to ] lors . .. $2.746.000 $2.972.000 materials portable gauge licenses rates and the results of the review referencing NUREG 1556 that would required by the Chief Financial Officers < fM40** 'e (CFOJ ActlTo comply with the a acsars -...- $2.600 67200 change only the name of the Radiation l
*9h'"" # Safety Offner (RSO). This requirements of the CFO Act, the NRC l change is consistent with tbiropowde has evaluated proposed historical professional l t taasey . 2,403,000 2.600,000 regulatory approach outllrmd in draft staff hours used to process a licensing to. .nncti,d NUREG-1550, Volutne 1, entitled action (new license and amendtnent) for uranium fust those materials licensees whose fees are e taaley ., . , 1,179.000 1.276.000 " Consolidated Guidance About based on the average cost method (flat Materials Licenses, Program.$pecific UFs conver. fees). This review also included new soon facefy $97,000 647.000 Guidance About Portable Gauge i 61.600 Licenses" issued October 3,1990, for license and amendment applicatfora for r Uranium rnists $7,000 public comrnent. No amendruent fees import and esport licenses. l Mcal matensei Evaluation of the historical data shows that the average nurnter of w
% would be asteswd for the amendments to portable gauge licensas lecause the professional staff hours eceded to Gauge uprs"'
g,oesscope Ml600 1 1,700 regulatory program prt posed in the final complete materials licensing NURIA15$0, Volume 1, would include should be increased h. some categories t actio rnochcal . . 21,700 73,600 commitments frotn the licenwe concerning RSO qualifications and if and decreased in others to refint the costs incurred in completing the Hecause the final FY 1997 fee rule those committnents are included in the utrnsing actions. Thus, the revised will be a " major" final action an defined amendment application, then a average professional staff hours reflect by the Small Business Rogulatory technical twiew is not required, The NRC expects NUREG t$56 to be the changes in the Ni C licensing review Enforcement Fairness Act of 1990, the program that have oo :urred since FY NRC's he for FY 1997 would become finalized before the final fee rule 1995. The proposed l' censing fees are effective 60 days after publication of the becomes effective. lf not, then this final rule in b Federal R*3 ster. 1 The proposed change will not be included in based on the revised 6verage the final fee regulation, probelonal sta!%ours needed to
- NRC will send a bill for the amount of Second, the NRC proposes that the procesa the !! censing actions multiplied
- the annual fee upon publication of the by the proposed nuclear materials FY 1997 final rule to reactors and major two profesalonel hourly rates profeentonal hourly rate for FY 1997 of fuel cycle facilities. For these licennes, established in FY 1996 in 1170.20 be revised based on the FY 1997 budest $125 per hour. We data for the average f payment would be due on the effective These proposed rates would be based on numtwr of profesalonel staff hours i date of the FY 1997 rule.Those needed to complete licensing actions materials licensees whose license the FY 1997 direct ITEa and that '
portion of the FY 1997 budget that were last updated in FY 1995 (60 FR anniversary date during FY 1997 falls 32210; June 20,1995) For new s before the effective date of the final FY either does not constitute direct materials licenses, the proposed . 1997 final rule will be billed during the program support (contractual services costs) or is not recovered through the licensing fees for FY 1997 are increased anniversary month of the license and in approutmately 70 percent of the cxmtinue to pay annual fees at the FY appropriation from the NWF or the General Fund. These rates are used to categories, while the proposed fees for 1996 rete in FY 1997 nose materiale determine h part 170 fees. The NRC is materials amendments would increase
' liconeses whose license annivoreary proposing to establish a rete of $131 per in over 80 percent of the categories.
date falls on or aner the effective date in addition to the above rule changes. of the FY 1997 final rule would be hour 14233.055 per direct l'IE) for b retctor program, his rate would be the NRCis clarifying how it would )3 billed at the FY 1997 revised retos recovw the costs of . during the annivweary month of the applicable to all activities whose fees owe of changes e are bened on full cost under l170.21 of implementation license and payunent would be due on licensees make without prior NRC the date of the invoice, the fee revulations. A second rate of 3125 porhour (3222.517 per direct FI'E) review; for example, changes under 11 proposed for the nuclear materials il 50.54,50.59 and 70.32. The NRC is A.. Amendments to 10 CFft Post 170: announcing here that licensees would 7eosforFac#ities Materials,im itand Po cenaw, and Othw Nog twy and would nuclear be applicab waste fe to all materialsregram.be bliled This rate for post Implementation review of theos changes under $$ 170.21 activities whose los are based on full and 170.31, beginning with the effective The NRC proposes three amendments cost under $170.0 of the fee to 10 CFR part 170 and one change in regulations,in the FY 1996 final fee date of the FY 1997 Anal fee rule.There rule, these rates wwe S128 and $120 will be no change in how fees are i Practice under part 170, nees assessed for any pre implementation amendments would not change the respectively. The two rates are bened on cost conter interactions, includlag any review prior underlying basis for the segulation--that to licensee submissions, between NRC 9 fees be = I to applicants, pwoons. concepts adopted in FY 1995 (60 FR 32225; lune 20,1995) and used for NRC' and 11< . As in the past, any pre-and liconeses 8ar spectinc identiflable servuse rendered. The amendments also budgeting purpups. In implementing implanentation interaction should not i b
,. , A , n . l , ._ , , _ _
416 0, federd Reglbi:t / Vol 6A No 39 I t hursday, t etsruary 4 7, t w , l'aupust a we. i - be fee le:rtng it is noted the NRC plans adjust the annual fees only by the TABLE I-CAtcut>1 ion OF THE Pi n- , , to infonn ten for licensees in the near pert entage t harige iplus of mirwsl in CENTAGE OHAAJGC 10 THt' FY 1%6 . luture that their subimitale under NRC's total budret aumority unles$ ANNUAL FEtS-Conhnued inge m the 6 $0 $4 (4),(p) and ig) should not ask for there was a substanti, . total NRC budget authonty or the i reimplementation reviews; instead, ~ atensees are requi; ed to perforfts their inagt ilude of the budget alkscated to a FY96 FY91 analyus,implemeut their changes (if specific class of hcenwes If either ease --
'he analyses show that the t hangn do occurred, the annual fee base would be Part 171 B.Heng A&
not degrade plans the NRC has altndy recalculated (60 F R 32n$; June 20 etments 8 .-. spproved), and make their submitta,ls 1995). The NRC also indiuted that the Small Entey Ahow-under the relevant subsection of 6 50 54- pert entage c hange would be adjusted ante - . . . 49 50 30 Unpaid FY 1997 tails l W NRC will then venly that the feed on changes in 10 Cl R part 170 . i (.hange's are in costipliant e with 6 50 54 fees and other adlustments as well as on Paynents kom im ?O year inns . In surnmary, the NRC is proposing to, the Dumber of liccasees paying the fees. (1) Revine the two 10 CFR part 1to in the FY 1996 final rule, the NRC Suttotal , . 49 60 stabilised the annual fees by (Y) 'the llcerning (ep lication Total Part 111 and amendment) fees aswsneb under 10 establishing the annual feca for all Deing . . .- . Sa6 ,
' licenwes at a level of 6.5 percent 1.clow _
CFR past 170 in order in comply with the CFO Act's requirement that fees be the FY 1995 annual fees. In this Fi 1997 elo miNeon H escess collweteons from F v revised to reflect the cost to the agency pmposed rule, the NRC intends to 1995 were svadatWe to redro FY 1996 an-ga g g . follow the same method as used in f,Y nual fees.
- 4 sa gh) 5dd s'pr vIsiEn to'the regulations 1996. Ilecause the total amount y[jg.u,s inn , ,
,p,y; estimated for recovery through fees in og,,,o con.c,,an,. po,n,,, ,,munts irocate esernpting from 10 CFR part 170 fees iertain amendtnanta to rnaterials FY 1997 is identical to 'ho amount to be enounts tamed trat wie not tse otwiected in FY portable gauge licenses lastad in mcmed in FY 1% eMablishing new 1997.
eccordance with Nt!RIT-1"'; and banaline L .. not rarranted for FY 1 (4) Charge under part 170 ..st post. 1997. While the total amount collected d {n W '% i die Mal yy ammt implementation quality assuranc e plan, is the same, the distribution between g g sahiguards contin ency plan and p' art 170 and 171 fees would c.hange. In percent hhther th' an the amount t9 sat w as r Y 1996,2fi% was estimateJ to be ernergency plan c anges to be billed in annual fen in W 19% collected frorn 10 CFR part 170 fees, N. Amendinents to 10 CFN part 171: The NRC notes that the reduction in ttg This decreence to 21% in FY 1997 estimates of to CFR part 170 fees for I i Annual fees for llencfor Opemffng Therefore, to recover 100 percent of the Urenses, and fuel Cyrle Urenws and budget, to CFR part 171 annual fees 1997 la primarily in the areas relating io Maferlais Ucenses, including ifolders of must increau in FY 1997 com isted to the mytew of applications for reactor Cert @ coles of Complia'*P. FY 1996. The NRC is ntablish ng the operating licenen and the review of Registmtions, and Quality Assuranc" stan<tard plant applications. In addition. FY 1997 annual fees for all licenwes at Progrum Approvals and Government for the first time the estimates take into a level of 6.2 percent above the FY 1996 consideration an allowance for bad debt Agencies Urensed by NHC annual fees. The 8.2 pertent increene by motimating billings in the fiscal year The NRC proposes six amendments to enulta primarily imm a reduction in the that are not projected Io be collected in 10 CFM past 171. First, the NRC amount of the budpt recovered for to that fiscal year and colkictions receiwd proposes to amend $ 171.13 to revise the CFR part 170 fees, a reduction in other " " '"" I' "I adjustments. and reduction in I" dd C"'""I 0'C*I Y "l year. These Iankunge ublish to indicate that if the NRC la billings from a prior fisca a fee rule with an una lectofate within the current fees. effective offsettinber of licensen bsaying annual the num nacal In addition, the NR has made adjustments to the annual fus will
, allow the NRC to come closer to meetins, year, then the NRC would txmtinue to adjustments to recogniae that all fees billed in a fiscal year are not collected its obligation to recover approximately naaeos fees on the name leais as the too gercent of He budget authority previous fiscal sar. The NRC believes in that year. Table i shows the total budget and amounts of fee billed and through t! - isenment of fees.
that it will be a le to publish an effective fee rule within a curwnt finc~l collected for FY'1996 and FY 1997. In addit! :o changaan in 1ft CFR part year as it has done sinm FY 1991. WO fees antwther adjustments, the However, as a contingency the NRC TABLE l.-CALCULATION OF THE PER. number of liconens to pay foes in FY lalleves the rule should be amended to CENTAGE CHANGE TO THE FY 1996 1997 has decmaned compared to FY perinit NRC to inest the requirwinents of ANNUAL FEES 1996. This decrease in the numler of OBRA-oo in the raos that unforeemen YI"EI '** '*"*** " """II'** events prevent NRC imm publishing a (Donars u m M IIC'"**** to incruee P'by an additional 0."6 perce new rule durina a flecal yur. FY96 FY97 For exemple,the lladdam Neck power
- Second, the 19RC propcmes to amend reactor has cased ogwretions and the
$$ 171.15 and 171.16 to revies the Total Budget - $473.3 $476.8 fuel has been permanently removed annual fees far FY 1997 to recover Lees NWF ... . -11.0 -11.0 from the reactor nosefore, the utility approdmately to , perant of the FY L**e Generr1 runo will pay only a partial annual fee it. FY 1997 budget authority. less fees (Haneard Teres) --- ,. . -3.6 1997. In addition, Massachusetts is collected under 10 CR part 170 and expected tolocome an Agreement State
** 8**'
funds approprinted from the NWF and the General Pund in the FY 1995 final - p,,, 70 M 96'O in FY 1997 and approximately 425 NRC limnses will be transformd to rule, the NRC stated that it would Less other receipts ' 6.0 . . . Mannachuwtta.These licenses are stabilise annual fees as follows. Part 171 Fee Comeo. pm}ected to pay only one half of the Beginning in FY 1996, the NRC would som Fleered . .- 341.8 366.3 annual (m.
ouuo 4. uni . wg...o. . Third. cn annu21 fee i. proposed in meue,t or to enab e n f urids. if (om ernine RM1 quahfutmns and if 4171 trildh fee Octegory 1 L , for car h net cuan 1 ha m tion w oubt also tie thme e ommitments are un lud. it m th.-
< ertificate of (omphant e issued to the mneroled to modifs the am.ual fee ame ndment apph(atuin then there itmted States I.nnc hment Corporation hilhng se hedule for n aterus h< rn' w ould be no te< hnu al n ww (Uh! C) on Nogeniber 2fi.19% to terrnmated and new rnaterials la ens" ionduded by the NRC 't he NRC operate the two gewous diffusion plants issued dunng the fs al scar npet to NURI G 1556 to be hnaheed (GDps! hioited at paducah. Lentm ky The NRC wdl send a tall to tra< tor' before the final fee rule bin omes at d at piketon Ohm The NRC mtends and maior fuel c yle loubt es for the effmne !! mit, then this pniposed to assume regulatory junsda tion m er arnount of the annual fee upot' change will not be int luded in the fin.il the two plants from the il S Department pubhc ation of the FY 1997 final rule g"' "T"j "' *"
of I.nerry (DOI:) on Man h 3. Ui97 For these lit ensees pm. .. will tie due i ourth. I outn,te i of to 01 R on the effe(tn e date of I Y 1991 rule. Sw tion 170 20 Average Cost per 171.lb(dl would be amendtni to provide Thow matenals lit enwes w how h(enw profeutonal Staff-flour for a waner of annual fees for IT 1997 anniwtsary date dunng lY 1997 falls for those snaterials lit enseen, and before the effective date <>f the finally ThW $<rtion would be amended to holders of (critficates, regattations, and p,97 rule will t e billed dunng the establish two professional staff hout rates bawd on FY 1997 budgeted c osts-approvals who either filed for anniversary month of the license and termination of their licenws or one for the reactor prg, ram and one for
< ontinue to pay annual fees at the IT 1990 rate in FY 1997. Thw matenals the nuclear material and nuclear weste approvels storage inenses or filed for p(ossenion before only/ lic cosces w hose Ikense annis ersary ktober 1,1990. program. A(cordingly, the NRC re.n tor arid lennanently ceased licensed i.te f alls on or after the effective date direct staff hour rate for l'Y 1997 for all activities entirely by Septemler 30 of the final! Y 1997 rule would be activities whow fees are based on full 1990. All other licenwes and approval billed, at the VY 1997 revised rates. cost under $ 170 21 would be $131 per holders who held a license or approvel during the anniversary month of the hour, or $233,055 per direct FIE The on October 1,1996, are sub)mi to l'Y license and payment would lie due on NRC nudear material and nuclear waste 1997 annual fees, This change is Iming the date of the invoke- direct staff hout rate for all materials inade in rmognition of the fact that The proposed amendirm.ts to 10 Cl l'- activities whose fees are bawd on full sinte the flnallY 1990 rule wa' oati 171 do not t hange the underlying cost under S 170.31 would be $125 per ublished in April 1990, some licenwes [, asis for 10 CFR part 171; that is, hour or $222.517 per direct !*lt The "N" rates are based on the FY 1997 dir
- t I et I r s i e ill h ""I il' '" ' t ITEs and NRC budgeted costs that are NRC. Other licenwes have either called 'g h"'" f * "
or written to the NRC since the IT 1996 'g"["$'j(g[f' [ g, n w i tl RCei 1995 nal
""I ""
"*E *N final rule la.ame effective requesting rule indicating that, for the priod IT "N "
NRC has continued the use of cost further darifhcation and infonnation 19u6-1999, the eapoctation is that conter c nceptaestablished in lY 1995 c.ont eming the annual im asse,ust. annual im would be adjusted by the I" "Ih'cating c ertain costs to the reactor The NRC is responding to these requests as quickly as possible. Ilowever, the h>catentage change RC's budget authority (plus for adjusted or minus) to the and materials programs in onlet to more NRG was unable to respond and take closely align budgeted costs with NRC offsetting rmelpts and the numtw action on all such reque to before the spodfic classes of licensees. The of bcensees paying annual loca. end of the fiscal year on September 30. method used to detennine the two 199tt Similar situations esisted aller the Ill.Smtion.by.Settion Analyste professional hourly rates is as follows: IT 1991-1995 rules were published. The following analysis of thos" 1. Direct program ITE levels are and in those casvs. the NRC provided an sections that would le amended by this identified for both the reactor program esemption from the requirement that pmposed rule provides additional and the nuclear material and waste the annual fee is waived only when a npbmatory information. All references E"#8"' license is tenninated before Octoter 1 of are to Title to, Chaptor 1,ll.S. Cale of 2. Direct contract support, which is II*C*IY '*' l'mleral Regulations.
**@iifth, the NRC' la proposing to amend the use of contract or other services in the prorstion provisions in $ 171.17 for port 170 . support of the line organitation's direct Isector and matehals Ikenam. The Swtion 170.11 lb .pttons program,is excluded (mr . the reactor provision in $ 171.17(a) would calculation of the hourly rate because le revised to reflect the changes in to This am tion would be amended to the costs for direct contract support are CFR part 50 relating to the add a new paragraph indicatin that charged directly through the various decommissioning of gewer reactors amendments to materials porta le gauge C*I'8"I'* 0g g**
which became effective Auttust 28,1996 limnses issued in accordance with 3. All other direct program costs (i.e.. lat FR 39276).The materials provision NUREG 1556 that change only the name of the Radiation Safety Officer (RSO) Salaries and Benefits. Travel) represent
..uld le amended to recognite that licenm transioned to an Agreement would le owmpt from amendment fees. "in house" costs and am to be allocated Stato as a result of a new Agreement are This change is consistent with the by dividing them uniformly by the total effectively terminated by the NRC. for recent liusiness Process Redesign (llPR) number of direct ITEs for the program.
annual fee pu noses, or the date that the initiative and NUREC-1556. Volume 1. In addition, salaries and bent htt plus Agreement whh the State becomes issued for public cor unent October 3. contracts for general and administrative elfactive. 1996 (61 FR 51729). No amendment foes ' support are allocated to each program Sixth $ 171.10 would be amended to would be assessed for the amendments based on that program's salaries and update fisud year references and to issued in accordance with NUREG 1556 benefits. This methcx! results in the credit the partial payments made by to portable gauge licensesimcause the followina costs which are included in certain licensees in FY 1997 either regulatory program would include the hourIy rates. toward their total annual fee to be commitments from the licensee
. - - - . - _ . . - ~ - - - - .
Hitetti
- l'odetal Regist:r / Vol. 62. No. 39 / 't h.;teday,1 euruary 2:'. lW7 / l'ropowd Rules -. . _ . . _ _
l, _ _ . _ _ __.
. ~TAstt ll.-FY 1997 BuoGET AUTHORlW 10 DE MLUDED IN HOURLY RAf ts
*. 10onars in moons)
Reactor pro- Maiensis
- 9 tam program
$156.3 $48 4
...m Satory and Benefno . .. .. 42.6 13 2 2
Atacated Agerry Managemart ... .and Stsgut ...... .. . . - . . -. .
. . . . . . . . . 197.8 61 (
Sottotal , , . . . . . . . . . . . .._ _ . . Genwal and AdmnetreDvo Support (G&aty 96 26 ] . . . . .. .. . . . . . . . . P#wram Trevel aruf Otet S gvort ....._ m . .
. . . :,. 72.1 ?? 4 Ahocated Agerg PAanagerrord and
- lypt . I
. ,. . . . . . . $1.I 74 9 ,
, Suldotal . ... .. .. . . .. .. ..
. . . . . . . . . . . . . ~ . . . . . . ,
x..... .t Lene oneening remges ..._ ~ . . l ...... 279.4 66 6 368 7 m....-... 1,196.9 Totel Suqalincluded in hourly Rete .. . . . . . . . . . . . .. ... .. . .. .. ... .. . =. . .. .= Pmgram Dweet FTEo . = 233,f66 222.617 hete per Dweet ME .. ..... ; . . . . . . . . . . . . 131 1?!,
- x.....- m.. =........ . . . .
Prueeseened Hasty Reis .... ... _ z..... . . . x= Dividing b S279.4 million budget for (contractual services) costsbased ex pended on both the by professional provided hourlyunder the the reactor pnwam by the numt,er of b NRC. Any professional hours expended on or after the offective date rete as shown in $ 170.20 for the reactor proyam direct FTEs (1196.9) materials pnyam and any direct results in a rete for the reactor pnyam of the fit al mie will be assessed at the FY 1997 hourly rete for the reactor pnwam support (contractual services) of $233.05$ per rit for tY 1997. costo expended by the iMC.1.icensing Dividina b Sa6.S million budget f" program, as shown in i 170.20. The fees b nucient materials and nuclear waste in 6170.21 for the review ofimport and fees based on the average time to r an application ("flet" fees) would be pnyam by the number of program erport licensing, fedlity Category K. would be adjusted for IY 1997 to *,flect edjusted to reflect both the revisod direct FIIs (3sa.7) results in a rete of both the increase in the hourly rate and average professional staff hours reded
$222.5t 7 per VII for FY 1997. The to process a licensing action (new Direct FIT Hourly Rate for the reactor the revised average proleulonel staff program would le 8131 per hout hours needed to process certain types of licones and amendment) and the
! incrosse in the pmloselonal hourly :ato licensing actions, from $120 per hour in FY 1996 to $125 (rounded to the roerset whole dollar). for those opplications currently on '. This rete le calculated by dividing the per bout in FY 1997. cost dimet FIE ($233.055) by the file and pendlag completion, footnote 2 As previously indicated, the CFO Act i n of productive houre in one yees of i170.2I would be revind to provide requires that b NRC conduct a (1776 houro) as ladichted in the revised bt profeestonal hours expended up to blennial review ofless and other i OMS Circular A-7s,'L' m of the effective date of the Anal rule will chargesimposedby the esency for its r a===alal Activities." De Direct PIT be asemased at the professional rates in servious and revies those charges to ' Heurly Rete int b materials p effect et b time the servios was reflect the costs incurralin provic'ing would be $128 per hour (mund to b rendered. For topical report applications the services. Consistent with the CFD currentiv on file that are edil pending l nearest whole collas). %is rete is completion of the review, and for which Act requirement, the NRC hae 4 calculated by dividing b cost per , cosapleted its most recent review of direct F'IE (ssas,517) by the pusnher of review costshave reachal the uctive house in one year (1770 applicable fee ceiling established by b license fees assessed by the a
).De FY 1997. rete is oughtly July 2,1990 rule, the costa lacuned after nylew focused on the flat fees th
, charged to nuclear materials usere for higher than the FY 198s reto due in part any applicable enthag was reached llaeusing actions (now licennes and l to b Fedesel pay tales given to all thmush August a,1991. will not be '4 c billed to .he applicant. Any pr " ===f==Ma).The full cost liconao and Fedesaleenployeesin January 1see, on less (e.g., for fuel cycle b'"'8 ** Pended for the mytow of topical Secties 170.31 Schedule of Fees for li
*PWt *PP cations, ====6==='au, lities) and annual fees won not Pmduc' ion and Unhantion Facilitim' t* visions. or suPPl ements to a topical included in this biennial review becausa Review d Stenderd Reds""" b hourly rate jer $mH cost !aes and the u report on or after August 9,1991, are annual fees are reviewed and updated A *** esamened at the appikable rete g--- established by $ 170.20.
. annusuy in order to recover 100 percen!
he NRCis proposing to revise the of To b NRC determine budgettheauthority, licensing flat fees Section 170.31 Schedule of Fees for licensing and inspection fees in this Materials 1.icenses and Other Regulatwy for materials lioeneses and applicants. section, which are based on full. cost Services,includia e laspections and b NRC uses historical data to recovery,in reGr 1 FY t997 budgeted l*Part and Expoi 1.icenses detesusine b average number of costs and to renover costs incurred by proisestenal hours required to perform De andinspection asesin the NRCla ymyndinglicensingand " " ' licensing action for each th== services to ' " tais section, are based on full-i - category, D, ese average houre are - planta. De less essessed for services cost recovwy, would be mod 18ed to multipu. es the-l rooover b FY 1987 costs incurred by
- Wi f under the schedule are based b NRCla providinglicanalag and prayam oM. ourlyc eeste materi of on the prolaselonal hourly rete, as $125 for FY 1997. The mvied shown in i170.30, for the reactor i on services to identifiable plants.%e fees ======4 for services indiosted that the NRC needed to
! Pmgrasa and any direct program support L l i.
.-.s, _-o w s, - -
-- _. . . _ _ _ - . _ . _. - ---- - _ -- ..- --._~-
lederal K4gnttr , s uo um ,w u , . 8#WI ~ ~ ~ ~ ' ~~
- uliustment to the attnual fees using tha mtwhfy the ever Re number of hours on fee bennny. It is ta,ted that the NRC plans to inform rentot branwes an uw method occurred in FY 199% when all whir h the current litermng flat fees are annual fees were dettened ton pen ent near future that it.c , suten attals ..rer bawd in order to recover the cost of trio- the FY 1995 annual fees. The providing licensing servk es. The t e,0 54(a!,(p) and (q) should not ask tm at tivities compnsing the base FY 1995 average number of hours inquired for preamplementauor hws; muced 1 annual fee and the FY 1995 additional Ikensing actions was last te newed and brenwes are required to perfonn their charge (surcharge) are hated in rnodified in 1995 (60 FR 32218; lune 20, analyses, amplement their cl.ariges (if paragraphs (b) and (c) for convenient e the analyres show that the thanges do 1995) Thus the revised hours used to ar 4
determine the propowd fees for i Y 1997 not degrade plans the NRC has Mrm13 p#psn.sth rnpect to liig Rock Point, a
- ieflev I the changes in the lic enaing approvedl, and make their suternattels smaller, older teactor, the NRC proposes rrrgram that have oc curral since that undet the relevant subsection of 6 50 54. to grant a partial exemption fmtn the IT time. For new ilanses, the prop <aed The NRC will tnen venfy that the 1997 annual fees similar to FY 1990 fees for IT 1997 are increased in t hatiges are in compliance with 6 50 $4 based on a request filed with the NRC approsimately 70 percent of the foe Patt 171 in accordance with 6171.11.
catesco es, while the proposed feat for F.ach operating powet reactor, estept amendments have increased in ovat 60 Section 171.13 Notic e liig Rock Point, would pay an annual b rcent of the fee cat ories The language in this sntion would 1* of $2,972,000 in FY 1997, [*De "nat" fees in 70.31 for the revised to indicate that in the unlikely paragraph (e) would le revised to review ofimport ami esport licensityt event the NRC is unable to publish a fee si,3w the amount of the IT 1997 annual applications nave increased from FY fee for nonpower (test and rescan hl rule with an effective date within the , 1996 as a result of the increase in the cunent heal year, then the NRC would reactors. In FY 1997, the propowd fee hourly rate and the results of the continue to aswss fees at the same rates of $$7,200 is 8.2. percent above the IT biennial review. The proposed licensina as the previous fiscal year. The NRC 1996 level.The NRC will continue to "nat" he are appiluble to f,, leheves that it will be able to publish grant exemptions from the annual fee to utegories 1.C and 1.D; 2.11 and 2 C,3 A an effective b rule within a current Federally owned and Stste owned through 3.P; 4.11 through 9.D,1011,15.A 13 scal year as it has Jos,e einm FY 1991 research and test reactors that meet the through 1$1and to. Applications fded when 100 percent feu acovery was esemption criteria specified in on or aher the effative date of the final initiated. However, the poulbility exists g 171.11(a)(2). rule would be subject to the fees in this that the NRC mm,ht be unable to Paragraph (f) would le revised to proposed rule. citabljsh fees for a curant flocal ynt change fiscal yur date references. The amounts of the innterials Ilcensing " flat" fees were rounded off so through the notice and comment Section 17116 Annual Fees; Materials prxess. Therefore, as a contingency 1.ic ensees. Holders of Certincates of that b amounts would be de minimis plan for meeting the requirement of 11ance,lloiders of Scaled Source and b resulting flat fee would te utlaA-90, the NRC is proposing to Combevim Registrations,lloiders of and convenient to the user. Fees that are amend $ 171,13 to indicate that if b nc am A greater than $1,000 but are las than NRC is unable to pmmulgate a final fee "II,ty g 9y 9, g mlajs,,
$100,000 are rounded Io the nearest rule within a cunent Bacal year, then 8100. Tees that are greater than the NRC
$100,000 are rounded to the nearest fees would continue to le auseend at Section 171,16(c) covers the fees the sa ne rates as the previous Dacal 51,000. Fees under 31,000 are rounded aseenaed for those licensees that can year. %e NRC will continue to work qualify as small entitle under NRC sire to the nearest $10. diligently to publish the W rules et b For those limusing, inspection, and atendards. The NRC will continue to urhest possible time during the nwal assems two fees for licensees that quahly review We that are bued on full cost recovery (cost for proleuional staff year, as small entitles under the NRC's site hgurs plus any contractual services), the Section .171.15 Annual t,ce: Reactor standards. In general, licensees with nt~aterials program hourly rete of $125. Ogers%l uun*" gions annual receipts of $350,000 to 55 as shown In $ 170.20,would apply to The annual fees in this section would million pay a mamlmum fee of $1,000.
thow profoulonal staff hours expended le revised as described below, A memnd or lower.tler small entity b
, on or aner the effective date of the Anal Paragrapho (a), (b), (c) (1), (c)(2), (e), and of $400 la in place for small e rule.In addition to e above rule changes. (f) would be revised to coreply withand the with yees annual rece 5350,000 smah governmental the NRCis clarifying how it would requirement of OBRA-90 that b NRC recover approximately 100 pesamt of its lurtadktions with a population of le recover ti.e emets of .
than 20,000. No change in h amount ews of changes budget for F Y 1997. hdPl amentation Paragraph (b) would be revised in its of the analt entity less is being licensees make without prior NRC review; for example, changes under entirety to establish b FY 1997 annual proposed han- the small entity fees are not based on the budget Imt are
$$ 60.54,60.59 and 70.32, he NRC is fee for opersting power reactors and to c.hange Ascal year references from FY wtabhehed at a level to reduce the announcing here that licensees would impoet of fees on small entities.The be billed for poet. implementation 1996 to FY 1997.%e low would be small entity fees are shown in the under established by increasing FY 1996 reviews of thens annual fees (pdor to rounding) by 8.2 proposed rule for mavenience. A 55170.21 and 170.31, ning with matwials licensee may pay a twiuced the effectivo date if b 1997 Rnal percent. In the FY 1995 Bnal rule, the annual fee if the liosasse quahties as a fee rule. There wtil be no change in how NRC stated it wotd stabilize annual amah entity under the NRC's site fees are assessed for any pre- be by adjusting b annual be only)by standards and certines that it is a implementation interections including the percentage cbange (plus or minus -
in NRC's totalbudget authority and entity using NRC Form 526 any review prior to hoonese Section 171.16(d) would be revised to submissions,between b NRC and adjustments based on changes in 10 CFR establish the FY 1997 annual fees fo Ibneses. As in the past, any pre- part 170 fees as well as in the number materials linananas, including innplementation interection will not be oflicensees paying the fees.De Aret
~~
Ire dercl Register / Yol. 62 No ya /1hursdny, l'chtu 4ry a twr mnpomne,~ effn use date of the Agreement mth MA1CRAtS DCENSES ANrmAL Ff g Government egern ies, larnsed by the M a$at hu" "
- NRC. These fees were /eterrnined by RAnots-Conttnued -
New larnses mued dunng F Y l*, trnreasing the f Y 1W6 annual fres _ _ _ - Annual fees wouli r eair t annua a Category of trenn (prior to rounding) by R 2 percent. pmvision of 517117. For c= ample, In addition, an annual fee is propowd pg p,g,,g 28W starup of spent Nu- those new materials licenses issued in 6171.16(d), fee Category 11, for each dunng the period Oc tober 1 through Certifirste of Complianc e issued to the clear fuel
~
_ Man h 31 of the FY will be asi.essed U$0C on Ncnember Zu,19%.to operate i s Eh ta er a fe, mur, one-half the annual fee in effect on the the two gueous diffusion plants (GDPs) .%,,, meenais keenus of troad*ruch score*... anniversary date of the liwnse. New sued to Governme apnc>es. ! touted at Paducah, Kentucky, and at materials lisenses issued on or after 5 70 000 Piketon. Ohio.The NRC announ cd its April 1,1997, wiH not te assened an intent to issue the comphance hiotnote 1 of to CFR 171.16fd) would annual fee for F Y 1997.'lhercaher, the certificates to USLC on September 19- be amended to provide a waiver of the full annual fee is due and payable car h 1996 (61 FR 49360) The NRC intends to annual fees for materials licensees, and auume regulatory jurisdiction over the holders of certificatch, registrations, and subsequent anniversary fiscal year on th date of the license. Iwo plants from DOE on March 3,1997, approvals, who either filed for Beginning June 11,1996 (the effective llecause the Iwo plants have been termination of their licenses or date of the FY 1996 final rule), affected certified in FY 1997, the NRC is approvals or filed for poswssion only/ makrials licensow wW be suW to A proposing to establish an annual fee of storage only licenses beforo October 1, annual be in eUcct on b annprsay cc d I s s
$2,600.000 for each of these two 1996, and permanently ceased hcensed activities entirely by September 30.
at Ithe c , facilities. The NRC rnethodology for detennining annual fees for major fuel in96, All other licensees and approval & Mm h MdM holders who held a license or approval the ongina1lasue daw o% !kensu' facibiles was en lained in the Ff 1995 on October 1,1990, a*e subject to the FY final fee rule pu lithod in the Federal Section 171.19 payment 1997 .ml fees. Kogister on Jime 20,19a* %) FR 32234). paragrapl. (b) would be revised to gae i An indicated in the Feder al Reghter, the Section 171,17 Proration credit for partial payments made bv methodology can be applied to The NRC la proposirsg to amend the tartain Ikensees in FY 1997 townrif ! detennine annual fees for new licenses proration provisions in 6171.17 for their FY 1997 annual fees. The NRC or certifica' 's. Tle. NRC has applied the reactor and rnaterials licenus. awicipates that the first, second. and methodology to the USEC facilities and h (al would le amended to third quarterly payments for FY 1997 has concluded that the relative weighted nMt P3'"&'*{in dangn in to CR part 50 will have been made by operating power safety and safeguards factors for these relating to the decommissioning of reactor licensees and some large facilities is similar to a high enriched power nect m which became eMective materials licensees before the final rule uranium facility. Therefore, the NRC is August 28, two M m 9278L Roador lecomes effective. Therefore, the NRC pro ing to estabitsh the annual fee for """" d" ce SEC uranium enric.hment facihty h' 'o 0 2 2 at *""id '#*dii f"I"""i' #*'*i"*d t # N#,g ,"nnual to l e at 32,600,000,the name as that for a high upo odo ing of the certifications for pennanent cessation of operations and unessed. The NRC would adjust the enrichment facility (fee category permanent removal of fuel from the fourth quarterly billin recover the full 1.A.(1)la)). Because the certifiutions reactor veswl or when a finallegally amount of the revised annual fee or 'o would be in effect for the last six make refunds, as necessary, Payment of months of FY 1997, the NRC would effective order to pennanently cease operations has come mto effect, the 10 the annual fee is due on the date of the asseu one-half of the annual fee or CFR Part 50 license no longer authortres invoice and internt accrues from the
$1.300,000 to USEC for each certiflule operation of the reactor or emplacement invoice date. However, interet will for the last half of FY 1997. waived if payment is received within 30 or retention of fuelinto the reactor The amount or range of the FY 1997 ve568I P'eviously the proration of days from the invoice date, Paragraph (c) would be revised to annual few for all materials licensen is reactor annual few was based on the summarized as follows: date of issuance of the possession only update fiscal year referetu.es. Paragraph (d) would be revised to modify the liceau (POL).
MATERLALS L)CEN&ES Al#4UAL FEE Paragraph (b) would be amended to billing schedule for tenninated RANGES recognire that materials licenses materials licenses and new material
- to the annual transferred to a new Agreement State are licenses. Licensa sub catagery el hoense Annual toes considered terminated by the NRC for fee that are terminst during the fiscal annual feu purposes, on the date that the year but prior to the annivers Part 70- Mgh ennched g2,600,000, of the license will be billed upon Agreement with the State becomen tualladley. termination for the fee in effect at the 1,276.000, effective.The State of Massachusettsis Part 70-Low ennched expected tolecome an Agreement State time of the billing. New licenne tual toceny, to the annual fee willle billed in the 64T,000, in FY 1997 and ap 3roximately 425 Part ao-W corwer- monta the license is issued or in the een ted#r. licenses will be tr nasferred to the State next atallable monthly billing for the 22.300 $ 6t,600. . on the effective date of the Agreement, Part a0-Urarnum re. im in effect on the anniversary date of C'"*'YN 'the NRC would assess the annual fees the license Thereafter,are al fees for Part 3C L - Mo- 490 to 23.600t,' for those licensee being transferred to the State of Massachusetts using the new licenses will be assessed in the t,000 to'78.700' anniversery month of the ik ense.
Part t - renepamon cun*nt Proration Provisions of As in FY 1996, the NRC would of Rhw h $ 171,17(b) whereby the licenses would continue to bill annual fees for most nei' ' be conaldered terminated on the
._ _ __. . _ _ _ _ _ _ m __ _ _ . _ _
16892 ledsr ci Register . 4 v0 % ..v u .nu,w,. .m. . ,, , . j 1f g ou a ontati FEDWORLD using m:t:rtals licensen on the annh erury (NTf:RNI. T SiCYkNRC GUE Telnet, um wd1 see the NRC area and Coraments may alw te subrmtte<1 date of the license Ilicensees whme menut mthiding the " Rules Mrnu " annual fees are $100.000 or roore will elettf orutally 'iri cither AM:ll test or Wordperfect fonnat la ramn 11 Although 5 ou will be able to download l r.ontinue tr he assessed r;uarterlyl The lateri, by talhng the NRC lhes inna dot umenti and leave messages you will
- annual fee cueu.ed will be the fee in Rulernskmg faulletin finard 18115) on not be able to write comments or upload effed on the lic ense annig ersary date files. If you rontatt FIDWORID using 1 This proposed rule applies to those iI:DWORLD File Transfer program UTpl. all files na matenais lit enses in the following fee The HilS is an ele < trunit infonnatmn im au cued and downloaded, but cate gories I C. and i D : 2 4 (2) through sptem operated by the National uploads are not allowed, and all you 2 C.; 3. A. through 3 P.: 4 A. throus;h Technicallnfonnation Sermo of the l 9 U., and to 11. For annual fee purpows. Departrnent of C(munette. The purpo~ wtll see is a list of files without r>f this HHS is to fanlitate public descriptions (nonnal Gopher look) An ,
the anniversary date of the materials indes file listing all files within a ! IP enw is tonaldered to be the first day participation in the NRC regulatory 1 procca, partkularly rulemakings. This subdirectory, with descriptions is of the month in which the original propowd rulernaking is aveilable for available. There is a & minute time materials license was issued Fo* limit for ITP access. example,if the original materish lkena review and comment on the 1185. TheAlthough I"dDWORLD can be 1 was issued on lune 17 then, for annual fills may be accessed using a personal
- accessed through the World Wide Web fee purposes, the anniversary date of the computer, a modern, and one of the as well,Ilke FTP,that mode only i commonly available communications materials license is June I and the provides access for downloading files 1
sonware pacLages, or directly via the licensee would continue to be billed in and does no' display the NRC " Rules June of each year for the annual fee in Internet. i The NRC rulernaking bulletin board Menu." effect on June 1. Materials licensees Irulemaking subsystem) on FEDWORLD For more infortnation on NRC bulletin with anniversary dates in FY 1997 can be accened directly by using a boards onll Mr. Arthur Davis. Sutems before the effective date of the Fy 1997 integration and Development D' ranch, final rule will be billed during the personal computer and rnodem, and dialing the foll free tamber 1-800-303- U S. Nuclear Regulatory Commission, anniversary rnanth of the Ikenne and Washington, DC 20555, telephone 301-continue to pay annual fees at the FY 9ti72. Communication software parametera 435.$7go; e. mall AXD: ourcgov. 1990 rate in FY 1997. Those rnaterials should be set ar follows: parity to none, " V. L,avironmental Impact: Categorical licenseen with license anniversary dates data bits in 8, and stop hits to 1 (N,8.1) falling on or after the effective date of 1: solution
, Using ANSI or VT-100 terminal
, the FY 1997 final rule would im billed. emulation, the NRC rulemaking The NRC has determined that thin at the FY 1097 reviwd rates, during propowd rule is the type of action their anniversary month of their licenseseierting subsystem the "can then Rules be accessed Menu" option from by descrbd in categorical exclusion 10 and payment would be due on the date CFR 51.22(c)(1). Therefore, neither an of the invoice, the "NHC Main Menu." For further information about options available for environmentalimpact statement nor an During the put six years many NHC at FEDWORLD consult the "llelp/ environmentalimpact assessment has licensees have indicated that, although been prepared for the proposed they held a valid NRC license inbrmntion Center" frorn the "NRC Main Menu." Uwrs will find the regulation. By its very nature, this authorizing the possession and use of regulatory action does not affect the spedal nuclear, source, or byproduc, "FtDWORLD Online User's Guides" partkularly helpful, environment, and therefore, no material, they were either not using the The NRC subsystem on FIDWORLD environmental justice issues are raised ' material to conduct operations or had also can be accessed by a direct dial j disposed of the matertal rond no longer phone number for the main l'EDWORI.D VI. P*Perwork Reduction Act r needed the license. In response, the tills a. 703-321-3339, or by using Staleinent NRC has consistently stated that annual Telnet via Internec fedworldpv. Using This proposed rule contains no fuss are nascesed bened on whether a the 703 number to contact FimWORLD, information collection requirements i Does. nee holds a valid NRC license that the NRC subsystem will be accessed and, therefore,is not subject to the authortsse poseewion and use of from the main FEDWORLD menu by requirements of the Paperwork radioactive material. Whether or not a 8 electing the ". Tulstry, Government Reduction Act of 1995 (44 U.S.C. 3501 licensee is actually conducting Administsa' ion end State Systems," og seq.), operations using the material is a matter then selecting degulatory infortantion VII' R*3ulatory Analyste of licename discretion. The NRC unnot Mall," At that point, a menu will be l control whether a licensee elects to With respect to 10 CFR part l*0, this displayed that ha the option "U.S. ponnees and use radioactive material Nuclear Regul-tory Commission" that proposed rule was developed pursuant ~, once it receives a license from the NRC. to Title V of the independent Offices will take you to the NRC Online main Therefore, the NRC reemphulres that Appropriation ? ct of 1952 (IOAA)(31 menu. The NRC Online area also can be the annual fee will be assessed based on accessed directly by typing "/go nrc" at U.S.C. 9701) and the Commission's fee whether a licensee holds a valid NRC e FEDWOkt D comrnand line. If you guidelines. When developing these license that authorites possession and guidelines the Commission took into acmss NRC from FEDWORLD's main account guidance provided by the U.S. , use of radioactive material. To remove menu, you trny return to FFDWORLD any uncerta nty, the NRC issued minor by selecting t e " Return to Supreme Court on March 4,1974, in its cladfying auendments to 10 CFR FEDWORLD option from the NRC decision of National Cabfe Television 171.16, footnotes 1 and 7 on July 20, Online Main Menu. llowever,if you Association, ine, v. United States,415 1993 (58 FR 36700). access NRC at FEDWORLD by using U.S. 36 (1974) and Federal Power NRC's toll free number, you will have Commission v. New England Power IV.IGectronic Acc"* Cornpany,415 U.S. 345 (1974). In these l full access to all NRC systems, but you Comments on the proposed rule may decisions, the Court held that the IOA A be submitted through the latemet by will not have access to the main authorites an agency to charge fees for addressing electronic mail to FEDWORLD system. I l
- _ ~. ,, , , . - - , - - , _ .,.
ararm federcl Register / Vol. Id. No.19 / litursdy, tetituars e,,1ti7 i rtopuwa nuin du utnentiis th small enuty
.pec ial benefits rendered to sdentifabic holders rif Certif a ates of Compharu c. compliance guide for lY us97 "crmt.s rnenured by the "value to the remtrations of scaled sourt e and devues and QA program approvals, and IX'llackfit AnalIsis reupient"of the agent y sersice The (memment nera nw OHRA4,0 and the meanir g of the IOAA was further The NRC has determined that the rlanfied on Dm en ber 16.1971., by four Conferent e Cornmitteo I;cport bad fat rule,10 CFR 50109. does not decnions of the il S Cmirt of Appeah sp(eufit ally state that-1) The annual apply fees beproposed to this based rule on the and that a for the Distnc1 of Columbia. National Cornm.*6 ion's !T 1997 budget of $476 8 badht analysis is not required for tie l
Cable Televisson Asmemtion v. Federal j Corninunn atmns Comimulon. 554 F 2d rmilion less the a'noonts colletted from proposed not required becaur.c these proposed rule. The backfit e Part 170 fees and the funds directly 1094 (D C Cir.1976). National appropnate'l from the NWF to cos er the amendrnents do not require the Assorsation of liroadcasters v. Iederu/ Cornmunications Cornintssion, $54 F2d NRC's high lesel wa>te program and structures. the modification components,of or or theadditions design of to sp t ila (D C Cir.1976); /;Iertronic general fund related to romtnercial vitrification of waste at the Department a facility or the design approval or Industr#rs Aswootton v. federal manufacturing license for a facihty or Communications Cornmusion. 554 F 2d of Energy Hanford, Washington site. the procedures or organir.ation required (2) The armual fees shall, to the 1109 (D C. Cir.1976) and Capital Cstics to design, construct or operate a fauht3 Communication, Inc, v. federal maximurn estent practicable, hava a reasonable relationship to the cost ut Communications Cointrussion,554 F 2d List of SubWts 1135 (D C Cir.1976) These decisivns of regulatory services provided by the Commission; and 10 CF/l Part 170 the Courts enabled the Cornmbsion to (3) The annual fees be assessed to IIYProduct material, import and des clop fee guidelines that are still und those lit ensees the Commission, in its for < ont recovery and fee developme export licenses, Intergovernmental discretion, determines can fairly, relations, Non. payment penalties, purposes. The Cominission's fee guidelines were equitably, and practicably contribute to Nuclear materials, Nuclear power plams upheld on August 24,19N, by tbo U.S. their payment. and reactors, Source material, Speual 10 Cl R " art 171, w hlch established Court of Appeals for the Fifth Circuit in annual fer s for operating power reactors nuclear material. Afhs/ss/p/fegulatory Cominission, effective bu tplOctober Power 20,1986 ond($1 FR 33224: lJght Co. v.10US.CFif Pad 171 Nuc/mr September 18,1986), was challenged F.2d 22315th Cir.1979), cert. demed. Annual charges Byproduct material. , and upheld in its entirety in Florida liolders of certificates, registrations, ' 444 U S 1102 (19H0) The Court held Poner and IJght Coatpony v. Uruled that - approvals. latergovernmental relation s. States,846 F.2d 765 (D C. Cir.1988), Non payment penalties Nuclear (1) The NRC had the authority to cerf. denied,490 (l.S.1045 (1989). recover the full cost of providing materials Nuclear power plants and services to identifiable beneficiaries; The NRC's FY 1991 annual fee rule reactors, Soura material, Special was largely upheld by the D C Circuit (2) ne NRC could properly assess a nuclear material. Court of Appeals in Allied Signal v. fee for the costa d provhfing routine For the reasons set out in the NflC 988 F.2d 140 (D C Cir.1993). Inspections nt(essary to ensure a preamble and under the authority of the 1,kensee's compliance with the Atomic Vill, Regulatory flesibility Analysta Atomic Energy Act of 1954, as amended, l Energy Act and with applicable and 5 U.S.C. 553, the NRC la proposing The NRC la required by the Omnibus regulations: Hudget Reconciliation Act of 1990 to to adopt the following amendments to (3) The NRC could chargo for costs it' cover approximately 100 percent of its to CFR parts 170 and 171. incurred in conducting en vironmental reviews required by NITA: budget authority through the assessment PART 170 -FEES FOR FACitFIES, of user sees. OBRA-90 further requires (4)The NRC properly included the MATERIALS, IMPORT AND EXPORT costs of uncontested hearings and of that the NRC establish a achedule of LICENSES, AND OTHER administrative and technical support charges that fairly and equitably allocates the aggregate amount of these REOUL.ATORY SERVICES UNDER THE services in the fee schedule; ATOMIC ENEROY ACT OF 1954, AS charges among licensees. (5) The NRC could assess a foe for This propos0d rule establishes the AMENDED renewing a license to operate a low. schadules of fees that are necessary to level runosctive waste burial site: and 1. The authority cit.tlon for part 170 (6) The NRC's fees were not arbitrary implemer.t the Congressional rundete continues to read as follows: for FY 1997 The proposed rule results or capricious. Authertry: 31 U.S.C 9701,96 Stat. tost; With respect to 10 CFR part 171, on in an increase in the annuallose sec. Sol, Pub 1. 92-314,66 Stat. 222 l42 Novrmber 5,1990, the Congresa panned charged to all licensees, and holders of U.S.C 2201wh sec. 201, Pub. L 03-4 sat. na Puhhc Law 101-50s, the Omnibus certificates, registrations, and approvals. . Stat.1242, as amended (42 U.S C The Regulatory Flexibility Analysis. 20s, PA L m-576, m Stat. 2842.01 Budast Reconciliation Act of 1990 (OBRA-90) which required that for FYa prepared in accoidanm with 5 U.S C U.S.C 901). 1991 through 1995, approximately 100 604,is included as Appendix A to this
- 2. In $ 170.11, paragraph (a)(11) is Percent of the NRC budget authority le proposed rule. The Small Dusiness recovered through the assessment of Regulatory Enforcement Fairnese Act of added to read as follows:
fees. OBRA-90 w ta amended in 1993 to 1996 (SBREFA) was signed into law on INI E""*P#***- March 29,1996. T. e SBREFA requires extend tr e 100 pment fee recovery (a) * * * . all Federal agencies to prepare a written requirement for NRC through FY 1998, (11) Materials portable gauge licenses To accomplish this statutory compliance guide for each rule for issued in accordance with NUREC-1556 requirement, the NRC,in accordance which the agency is required by 5 U.S.C that are amended to change only the with $ 171.13,is publishing the
- 604 to prepare a regulatory flexibility proposed amount of the FY 1997 annual analysis. Therefore. in compliance with name of fees for operating reactor licensees, fuel the law, Attachment 1 to the Regulatory This esem cycle licennes, materials licensees, and flexibility Analysis (Appendix A to this materials po
, - . , ._ . - - . - - _y. ,.y
i i
' dim lederal Mwebirl , evo u...,,, ,s . .,. .
$ 1FC .
6.hedub nf fees for production f also authrstile ptissess'.on and use of of inspntion will tse calt islated using and utilisettin fecihuss, renew of Handard nuclear in212ttals lot other activities the following appliutile professioral
* .* * *
- staff.hout rater *'M*8 89" *PP**'
prope. inspectione and imp o*Pb' rt and esport
- 3. hmtion 170 20 is revised to trad as '""
follows: Applicants for construction pernuts. ! i S tF0Je Average oest per proleme60nal h tot Program ($ 170 21 At- $131 per manufacturing licenses. operating hour. licenses, import and export licensas, i etsfl. hour, nuuts). Nucicat Meierials and Nuuirar 125 pe r appfuvals of facihty standard reference ! fees for pettnets. hcenses. designs, toqualification and replacement
%ste Program ($ I?O M Ao hour ,
amendments, tentwals spec f al projects. esaminations for teattor operators, and [ U Ut * *I d part $$ tequalification and replatement special proJocts and holders of j esaminations and tests, other tw;uited 4. In i 170 21. the introduc tory test, construction permits, licenses, and teviews, approvals, and inspections ategory A. . and fmtnotes 1 and 2 to the other approvals shall pay fees for the . under 66170.21 and 170 31 that are table are revised to read as follows: following categories of services. j based upon the full costs for the review , i SCHEDULE OF FActuTY FEES 1 1 lsee footnotes al end of tabiel Fees *8 , F acahty categories and type of fees e e M. Irmurt and aspurt iconsee: ; Lscenses for the 6mpo*1 and esport ordy of gwoduction and utiltlation facihties or the esport only of componente for produca hon and nahramon facentee leeued pursuant to 10 CFR part 110: i
- 1. Appicehon for 6rmort or esport of reactors arid other facihtees and exports of components wh6ch traset be reviewed by the Commisesonore and the Eseoupve tranch, lor enarryte, act,one under 10 CF R 110.40(b): ..
$8,100 Appicehort-new heense -. . m. _
. . . . . . . , . . . . . . . . . . . . $8.100 Amendment . . _..__ m........ ,. ,, . . . . . . . . - . ,,.o m.... . _
- 2. Apphce60n for esport of reactor and other cortponents requinng Enocuttve Branch review only, for esample, tese schone undet 10 CFR 110 41(a) (1)-(Cr , .. . . . - $$.000 t Apphcatiortmnew konse ,, . ... .o... ..
.m...4.. 55.000 Arterusment ......mmmm. 4.mm. .. _...
i
- 3. Asshomson for emport of cortponente requinng foreign government assurances only: ....m.m.......m..... 62.900
...m..
Appicabort-new bconte . . . . m m .m . . . .. .
-.: $2.900
_.....m....m............... .. __. Amendment . m..... e... .
- 4. Apsdication for esport of tacd#ty cormonents and oppment not requiring Commise oner review. Executsve Brarch review, or loroegn govemtrent assurances: _
m.o.-.. mom.m .. $1.300 4 Apphcehort -new hoense . . . .. m. .. .. 4 . .. . m .. .- . .. o m m _
....,mm...mm.... $1.300 Amendmort .m. _ : ... ..
m _ ..m...m..m...........mo...m.
- 6. Minor amen $vient of any esport or temort hcense to entend the empwaton date, change domeetc informenon, or '
mehe oWor revesons which do not regiere trHlopth analyses or review; ,mm. $190
~mm...m.__ . _..
i Amendment - . l ' Foes we not be diergad for orders teaumd by the Comrtweeson pursuant to $2.202 of this chapter or for amendments r from the reemromerte of ttese types of Comrtwsnson orders. Fees will be charged and anyfor other approvalsescioneissued under amspecah now of hereaNet l Fio Comrvueeton's regulehor* *inder Title 10 of the Code of Federal Regulateors to J ,6600.12,73.6) oftest regardsee of whether the approval le . in the form of a hoenee amenenent, loh Thus,il a hoensee recorvert a low power boenee ce a temporary 4 igenerally fuI power le connedered 100 percent of the lacesty's fue rated way of heense amenenent or cWierwise), the notel costs for the toenas lor less Omn twil power and ai receives fus power authority is granted for power operaton. If a altuohon artese in which tie Commee60n de-hoense will be detemuned throuqFI that termines Wiet h4 power for a pertoular facdsty should De less tien 100 percent of tuu rated power, Die total coste for the at 91st estamened operatin0 power level and not et the 100 percere capoomy. e Fun oost seen we he detemened bened on the protese6anoi elsk ame and appropnate conteolual agport services emp ; currerity revtew of Die on Als and ter which test me detemeneo beood on the tun cost esponded for the revie apphootone on Ate for wh6oh revtow cases have reached an anpammena too wee reached twough January
'vovedetL For and 2,1900, ndes but are stil completon of tie review, Wie cost irieurred alter any 30,1900, wul be as-en er 20, t WS not be INBed to tie apphoort. Any progenesonal steft iteure esponded shove those .000. Costs whch en.
esseed at to Wheette rates estateshed by 9170.20, as approprtete, eacept lot topscal reporte whoes costs onoeed 30,1989. > l l coed 900.000 tot any tupscal toport, amendment. revieson or ogpeement to e toploe , apphcable role estabbehad in i1T0.20. In no event win the total reveow costs . be lose then . twoos the hourty rate shown in $ licenses aball pay fees for the following j S. Suction 170.3 i is evised to swad as16eenees 6170.31and Schedule other rg of lose services 444tery let metertete categories of services. This schedule e follows: inotutRng inspeemene, and import and includes fees for health and safety and
""P*d #88"**** ._
safeguards inspections where Applicants for matedale licenses. . applicable. impon and export licenses, and other segulatory services and holders of ' nieteriale licensee, or import and export
. + , --- w. . - - ,.w~~ - m. .---y -w--.-.r.r e---ww-%--,.'-. ,ww-w.-cw.-,vo.,,m.v.,-,--.w,-.-~~_,,.,m..---,r,-~.~-.-+--,~v,.+,-.-,,.r,m.. . . . , _ <
Federal l(ejr,itt:r / Vol, fi2. No. 39 / ' thursday. February 27. M7 / Proposed Ruin lim 1 SCr<tDULE OF MAf tRiAts Fits i 2 [See tuotrei at erd of htde) i ke Category of matenats konses and type of fees' _ 1, Stec al nudear nutenatA. Leernes for rossesson erw1 use of 200 greras or rnore of IMorwum n unsealed form u 3 lained U-23$ in ur. sealed form or 200 grams cm trave of U-233 m unsealed form Trus ace.sdes ankations to terrninate iconses as well as Icenses euttering post.ession only. Full Cost Lkense, Renewal, Amerdrrent , , Fun Cost. insrections . . . . . B inenses for receipt and storage of spent fuel at an vdegendent apers fuel storage estallaton (JSFSl).
. .. . . . .. Full Cost }
Fun Cost Leente Renewal. Amerdrient .. . . . . ,
. . ~ . ,, . . . . . . . .
j insgectons . . ~ . . . . . .. . . , . . . . . . . _ , . . . . . . . . C. Lxennes lar gasessam and use of specal nuclear trutenal m sealed sources contaved in dovres used m armin . measuring systems', irckdrg a ray fluorescerce anaryters9 .._... ....m.. . 5580 l Apfer=em- ww icorne .. . . ,.. .
,...~.............. . 5390 Amendrrert ....... ... . . z = ....m _
D. As ormt erecket nuclear matenat kernes, encept konses authonf rq s(ecial nuclear material in unsealed form in Com-tenetton hat would constitute a crttcal quanttry, as defined m $ 150.1I of ente chapter, for wrech the kernes thes p same fees as trone for Category 1 As . . . . . . .
., . . . . . ~ . . . ~ , . . . . . $180.
Arvu.vi-A itense . .
. ........ . . . . . .. .....~...... .. . - . ~ . . . . . . . . . . . .4 . . .. $300.
j Arrondmerd ........ _ ........ m... ............ E. Lcensee or certAales for constructen and ogershon of a uranium errchment facuy .......~..... ~. . $125.000-An*caban. _. . . . . . . . . . . . . . . . , . . . . . . .
...mm..~,. Full Cost boenes. Herewal Amendriert .. .. . ... .
.. 4 . Full Cost inspectons .. ..m. . .. . .
- 2. Source motertet i
A. (1) uoensee lar gn easson and use of source malertal h recovery opereWons such as insehng iressu leec loachin0. rehren0 uranium trvil corcentretes to uranium hemaRuorde. ore tarygg statene, non encharge lecth proceeemg of ores contamen0 tource motortal for entracten of tretale other than uranium or thonum. 6ncludin atAhortring the posteenson of tryproduct waste motet al (ta4ngs) from tource melenal recovery operatKins, a cerwes authortrang me possestsen and rneintenarre of a facMy In a stard)y mode: .-mm.~........ .. Full Cost Ucorme. Rerewal. Amendrrent .. ....=
,.~.m...........,...~ Full Cost.
.-......;..~___ ,m Irepoceans L -
(2) Doonesa met numortte he t9ceipt of tyyproduct meterial, se deAred in secton 11e(2) of the Atome E coher portone int possesson and deposal oncept thoto hoennae subpect to lose h Category 2.A.(1) Fun Cost. uoenee, forewel, amendmere s.... . ... .......,............../..~..=_........ Full Cost.
~..........mm.....-.
~.............._-.__
imf=r*- m ....~ . - - (3) Uoernes met suihortae the receipt of tyypreckset matertel, es donned h senten 11e(2) of the Ato:n other persare for paaa===am end rear,==# incedental to me<teposal of me urenksm weets teseque gen " conese's mer.0 operatone, excest thoes hcenses suhjare to be teos m Casagery.m.. 2.A.(1)
..mm. .mm.m. mz Fun Cost.
.....m .m.
uponse, ponewel, amendmert . .,-. . . . . . . ..
;. _.. , . . . . . . .m... ..m.... Full Cost.
inspeceans ..~ ~ .-m. ... ..... ..-.. .. ... .... . .....mm. B. uoenees whdi aumortie me possesason, une aruyur instematon of source snetonal for shieschng-
,. . . . . . . ~ . . . . . .. - ~ . . . . . 4 S130.
Apphcehww-ww hoenee m.. . . . . . . _ . . . . . z....
$290,
,....z Amenenent . , . . . . . . . . .
C. At omer source meternal hcarmes: -m..~... 13.700.
. . . , . . . - - = m..m x Aggihosmon_How heense , . _
m .. $6a0. - Amenenent . .. . ... . . .. .. . .... .. ...
- 3. Sysvockd metertel. v. and use at L : ~ snotertal tenued pursuere to peria.30 and 33 of INe espear A. unernes of tened esope for : - ,
for processing or manutsekamg of home conte 6tung tsyprothsot material for ... commerotal c9atreauthore
.. . . s3.900.
m_.....
^ J ~ : _ toonoe _ .
L. , '. . ... .. ...,. ..
. .. . .m . ' $660.
*
- Amenenart . .. m 4 . .. . . .
"-Q or t
- 8. Osier trenese kr rmana==6rvi and use of tyyprochd metertel losund pursuere to Part 30 c( tde chapter tar g- ,
morudschsm0 of home cortaining tryprockst matertoi tot commeroint caelrtbuuort $t.600 lJ . E toonoe . m: .' .. .
-.m.
_ m.4 .
$680.
Amare1 ment _ . =..............l...l...... anddor 32.74 of 9de chapeer aumorteme me praan==h t 0 er meredsenwing C, unenste issued pursuant to M32.72. 32.73, and assertemon or tocasttiunon of radioptermat=ammaa. generatore, reeGent Ides ar'cror sources and dev tiyprochsci notertel. Thta category ones not apsdv to bonness tenued to norgeoAt schanatonal inne or more/JDeurmg le esempt under 10 CFR 170.it(a)(4). These hoenees are covered try lee Catagory . m.. ... 30 87.100
".. ~ R toonoe . .. ..
- . .. . .m. . .~.
m m_ sa60.
.m .
Artenenest . . . . . D. Use en and esseovais enound pesuant to M 32.72. 3; 73, andfor 32.74 as mie chapter aumorteens esteumo treiuton of ; __^ , _.
- ' "- generatore, reagert ki a andfor sources or devtcas not lnwelvtng processin0 of tyyprod-uct motortal. The category includes hroness tenued pursuant to M 32.72. 32.73, and/or 32.74 to norgeott e enhaone whood prm or w%tn0 le amen;it under 10 CFR 110.11(e)(4) , m. ,, _.. . 82.000.
U" i toense . .... . .
._ -. . ... 9440.
.. ~ . s Amenenent -
E. Uoonome ter f===ma=ar=i and use of tyypensmare
- motortal in seeied sources ear inocteton of moterteh in wN le nd removed trom to sNeed (eeN-eNeeded urWee): .m....~._,.. .. $1.100.
popecuan-New toonoe Is300. Amenemert .~... ~ . . m .
... .m . .
..a.........
MM Fakral Regist:r / Vol f>2. No. .W / Thursday, huruaf) 4/. Iws/ s #>rupo cd :(uwa SCHEDULC Of MMLRIALS f((S-Continued {5ee footnotes at ervt of tatdel , f ee ' Category of matenals kenses ard tyre of tws' F.1.tentes for losbession are use of less than 10.000 cunes of t ypicduct enatenal in seated sou'ces tot - a$ation of tra. tonals in which the source is esposed for pra4ation toposes. Dvs r.ategory also arcludes urderwater vrasators for vra. dation of rnatenat where Fie source es tot estoned for enadiation riur[nses $2.000 AppkattorwNew fetents .
$450 Arnerdmeril .
G 4enses for possession and use of 10,000 curies or more of byprodtet rnatenalin seaied scoces for era $ation of me-teriats in wtuch the source is esputed for irra4ation geposes This category a!so encludes urderwater arra$ators for vra-Gatson of rnatenais where lhe source is not esposed for prad aton purloses ;
$4.700.
AlgdecattorWNP* h(ente . ,., .. $763. Amerdrnord . , . , , . . _ , , , , , , , R Utenses stuod pursuant to sutgart A of part 32 of itss chapter lo dstrtiute items contaiturg bygro& Jct matenal that re-Sare devios review to gersure enernpt frorn the Icensing requirervents of Pa't 30 of ttns charder, oncept specr4e 8 cerises auttort/ wig redratitsution of noms that have teen authortred for distnbution to persons enerrgs frorn the kensing renusre. tronts of part 30 of this chagter: $2,800. AMWcahorr-New kerne . , .. . ...
, . . _ . St 000, Amorenord . ..
- l. Licenses assued pursuant to tutpart A of part 32 of this chaptet to estnbule fterns contairung byproduct matenal or quan, lines of twwoduct anatenal that do rot require dett(9 evaluation to persons enerryd from the licensing requeretrents of part 30 of ttus chapter, encerd for spec fic hcenses authortrarg redistresution of atoms that have been authortied for es. ;
trtsution to gersons esempt from the kenting requwements of part 30 of stus etapter; $4.500. Andcatort-New Iconse . ~. .. . ..
. . . . . . . . . . . . . . . .. $1,100.
Amorv1 mort ... .. ..- .. .. _ . . . . . . . . . . . . J. tk.enses issued purs.aant to tutgart D of Mr132 of this chapter 10 c'unbute #tems coitairung twmfuct matenal that re-Sare taaled source ardor deves review to persons Generapy bcensed under part 31 of this chaptar, except sgecific le oormes authoniang reestrtiution of iterra that have teen authorged for astribubon to gersons generalty konsed uridrer part 31 of ttWe ch.agder; $1.800 Agdscattor>New konse . . . ... ...
. .. . $310
, Arnorwiment . . .. . . . . ,, ......m
' 40 uternes amound pursuard to sutgiert D of part 32 of ttus chapter to detrtiute Mems containing byproduct motet.al or querdrhos of tsyproduct treterial met do not requus sealed tource ardor devce renew to portone generapy lacerned under part 31 of thee chapter, encept spec 4fc 6ererwes authortrarg reestrtiut on of items that tieve teen authortrod for des-tatsuton to portone generally locanned urder Port 31 of live ctiepter. $1.000. m -..m........~. AM h -New icenes .m.m. ... .. . . . .. .m......... . . . . . t
..m................m.m._ $350.
Amerdmord .-- . . _ . . . . . . , . , ........_.......m . __ __ L Uoonees of teced coupe for poe==== ann and une of byproduct meterial amauad pursuerd to parte 30 and 33 of the chagear for reneerth and devoicomert that do rot authorus commercsel estrtbuton. ......,..m..... $6.600.
..m.... ..m...... . . . . . . . . . . .
Assdr= mart-New kerne -
... m.m .~. 87a0
.........m......
Amendmwt ... . - - -- z....m.... . .. .. ' id. Other lioermee tot possession and une of bygwoduct matenal 6stund pursuant to part 30 of mes chageer for resserch and developmart that do ryd authorue commercial distrtohon: $1.900 Alik-, " w lese ...m.: . . . . .
.. . . . . . . . . . . . . S640 Amendmert , .....
N. Uoonese that sumonte serviose for othm toensees, oncest (t) Unenses met authorue ordy caltrehon erefor leak test ng earvioet are espect to the fees specded en los Category 3P; and (2) Uoeneet met authortae weste dynaal servious are es$ect to the leet specmed in los CategonesJ.4A. 48,32.100. and 4C;
- hoenee ...m....-....... .. .. .m .a.:. l. .: ; .l;.J ;
?; 7 ' 3610.
Amenenort .. .o.m.m. . .. . .m. .. m... .m.
.......m.m..m..m...,s.....
O. Uooneen lor poseeeekst and use of byprodias material tenued ,..asuant to part 34 of tes
- chapter for ir*martel fortogre.
phy oporreene ' ,
.j . ,
$4.400
^; :_ hoonee ... ~ . ... . .... .m...... .... . .. ..
.. . m. .. m. . 8700.
. .. ...m .
' Amenenent ' .m . .. --
. . m .. . ....
P. AB other apenec byproduct metanal noerose, amongd those in Calpgurtes 4A through 90; .. S750.
^
_ hasnoe . .m. . .. . . . . .... .' .. ... ... .. .. ~ .. .. ..
. .... . . m. 8350.
Amendmort . .. .. .m -. ..............m... ..........
- 4. Weste reat==ai and proceneens.
A. Uconnes afwM aumurtain0 me raragd of waste byproduct meterial. source motortel, or spec &et nuoleer maternal from other persons for tio pwpose et conungerwy storego or commercial land d epoeal by the toonnee; or toenees authortring contingency storage of loo 4evel remoentNo meets et me see of nuolent power remotore; or toensee lor recogut of weste from other persari. tar incmeraman er omer tremonent, peokasing of eeueng weste and reekksen, and Ironster of pac *- agon to tviomst person aumortaed to recebe or espose of weste me turtal: Uoenes, renomel, amonenent. m.. FW Cost. t FW Coat inspectane .m... ... .
- B, usenses spemeceSy easiertsbig to recast of weste typrochen matertel source matunal, or special rulent meternal y from other persons tar to piepose of patheging or repackagrie the motertet The noenees we espose of the meannel b trenster to another preon authortred to receeve or espose of the motortel . . . 82,600.
^ ^ ~
.. :_ toonoe . .. .m . ... .m. .. ~ ... .. . . .,. ..
- m. m
, 3640.
. m ..
Amenenert m. .... .. . . .. .. . .. ._ ..
Federal Regleter / Vol 62. No. 39 / Thurnd.y. Fe bruary 27. 1997 / Propowd Rules UM1 SCHE 00ti OF MATERIALS Ftifr-Cont nved
' f.es teotnotes as' end of Wdej
~
4e" Category of metervde werese eruf type of fece8 C. Leonees eseuk.ea r eurioruing trie recep of per.mcAmoed wette bnsockst metenal, source mowel, or esocial nut.4eer motonal from oeier portone The konnee we espose of me metonal ty tenefer to anoter fero (m auterued to tore've or entame of the meieriet ._.............,ommm U.300 AMecahorrNew keroe ..m. ......,.,....._....~........_m.,... . . . . . . ... . . ..
&?30.
Arrorutmord . . . . . ........._..._.. .. -
- 6. Wes logging l' A. Ocorses for poseeenson and use of bnsczkri material, source treteral. and/or suecast nuclear metenal tur wellogging.
wet surveys, and Decer stucces otrer tien led koding trec-er stdes: . . . . . _ , .m .. $3.600 ;
~
..............._ . . . ....z Afsdcolon--New korse*. ... . _ . . . . . . . S860. '
Amoruimort..............-,......._.._..._.....................m.....o............... *
- 8. Lkenese for pr=ammmarm and use of tryprodud tastenal br fief J fhrnang Wooer sustos: .mmm.ommm Fun Cost. 1 m._m ..~ . ..m . m .. .. .
unenes. reriewel. amerutnant .m .m.. .m. _ ... L'
- 8. Nutdoor lawamos.
A. Uoonoce tw commercial conootson and laundry of Mesne ountemreted weri typmehre metenal tource metonal, or spec nuotest menortal ...m....., < m. . . ... -o m.m 96.600 ApplicaterwNew lawree . .....m.. .. .. ... . . ._... ..
~ . . . . . . ..... .... . .m. $1.000 !
Amoruemoni ..... .. . .. .. .. . ........ . .. . . . . . . . . - l
- 7. Medoel leennes.
A. Usenese leeued pursuerd to parts 30,36. 40. end 70 of tes charmer for human une of typrocket material, source mete- l real. or apeonel nuoiset motoriel m treeled sources contered in toieterapy devees: m . .m. $3.600 !
. . . .m . . m.m '
". - ~ - - . wenoe ..m.= ....-............m....= 5400.
Amenensre . . ... ..... m _ _. ..
- 8. Doeroes of isood esepe leeued to mescal instadena or two or trv.se phyescene pursuard to parte 30,33. 36,40. end 10 W tes septor euesdrano ressere and devoicement, includvig human use of typroduct motorial. escept leonees for typrochot motorial, source motertel, or epoeial nucleet motortel in seeied sources -.........~.:
contemed M loistf ,.~...m. arepy devices 13.900.
- lusnoe . x..__
.'. m . _ _ _ _ .
.....m.m.... . . . - . 5740.
, . . . . . . . . . . . =
Amorpsment ~........m... .. . .. . . . _ _ _ _ C. Over leerees tenued pursuant to sorte 30,35. 40. and 70 of two chapter for human as of tyrutwtuot motortel, source metenal, and or special nucteer meterel, encost leermee int typroch.t metectal. ecuroe melonel, or ef=reni runema, mate. nel M esehll sowcas contaried M telemerapy devices: st.e00.
...~................om.... ..................m..-...
.'.- - imeree
.. .. . .. . . ., m .. . .. m mm, $460.
Amenenent m m...m. . .. m.o.. ... .. .. .. i 8. CMI desense. A. Unenses le posseesen and une of typrtwhat motorial, ocurce nesenal or spemal , nuoteer manered for c6ve delense so. tMees: ~ m.mo..m .~..m-o 4600. Amoremere IIcernemmm.m.......,.m...m.oom..m .
.m....mx m............m-mmo.
.mo... .. ..mm.m .
$410.
- 9. Deveos. proshet, er esated neuros selety evalueton A. salmer evoluneen el devloes or prochoes one Arung typroduct malertal, source metereal, or spoolel riunteer nesspiel, e cost ressear lumi devlose, lor conenoraal memtm teon: 13.700.
^
O deveue m. -. -.: -....m...m.-...mo........mmm....... --.m.m. 8610.
, . . . . . ...m. .....m..
Amenenstemesch devtoe .
. ._ r .o
- 5. Sessey ovehmou . .I devices or proikoes conumreno typroduct motorte', source manertal or opsoisi nuateer matenal mar >
ulsesed M encordanos wem to wesps afor*.amns of, and lor use tv, e eingfie appucent, oncept reactor luol m.m.m mo devloes$2.200.
^ ~
_ '. devies ...m.... .. ...... .. . .. .
. . . m m~ $1.100.
Ameneneremeseh destoe . .. . ... .. .. ..... , , . . . . . . . . . . .
- c. sesey evoussen et sealed sowoes careering typrochot manertal eaurce mecenal, or special nuaseer mansnai, oncept resoner hel ter eenenerem esseisen . . - ......m seso.
- Appenemenmesen eswon ....m. . .. ..
. .m m. esso m . _ .m.m .
An sneneromeesh eswoe . m . ... D. asseer evehenen se essend neween aeremirdne typroduct metanal, sowoe isseenal, er spesimi ' -meteer
- metanal mer twee m essardonos sah en urson epmomenene of. and for ime tv. e engle espesare. essept vesseer sues:
. :. . m ~.
6480.
- r. - ^ soune m
m m .mm- 3100. Ameneneremeesh aswon .. '
- 10. Trentperessen el resteessve meterlet '
A. testussen of emels, passages, and shipping containers .m m .m. Full Coot Aptuoimi. Renemal. Amonsmont .msm. ... . ... . _ - Full Cost m .. m . ..m inspectene .. . . .m.......mo.....................m
- 5. Evoluemon of 10 CFR Part 71 tweley easwance programe: 4360.
. . . . . ...m..~.
,_ .m.....,... . . . . . . . .
3640.- > Amenenent .m m .., .. m . .
- .; Full Cost.
' Inspeemene _. .. .m . . . .. . .... I
- 11. Revleur of et ndensted spent fuel tocasse L ...m.m... Fue Cost ,
l Asseovel. Mensual. Amendment .. . . .
.. Full Cost
' Inspeedene . . ,.m . . ... . m m.. . 1L Specialle=P'8C* . FW Cost
,"h., etevtles m . ' ,.7 "m... -l m mm. i Approvate oral y .
Fd Cost , inspooners . . . . . _. _
- 13. A. Spent wel sterees cask Ceretoets of Congsherue _ . m _ Fd Cost.
.. ... ....m. .
Apssovese- .~. m. .._ .. . ..
. mm., . l Fuu Cost Amenownee, revmens, and N - - .m m..m.m ,......,. ... ...m..m...om..-
4 7
.,-vww.-,v,-*-c r - e s o- , - -m--+-.w,* ww,,.- -
ana a n. ,,... a .-___,,- om r , , , , , . ,, . SCHEDut.t OF MAf trials Ftts-Continued
$.es footriotes at enu nt tatsc)
Cate9 sry of matearials licer4es aN trts' of te.cs ' F s.e 3 . Reaggroval . . . . . . Full Cost B trerecbore related to sient fust storage rash Certficate of Congaar e Full Cost. C ingwictions reiated to starage of trent fuel under 6 72 210 of tNs chaver f ull Cost. 14 Bygrooct, source, or .nrecial nuciear matenal kenses and other aptrov.vs authontwq decorrvinssioning decontamination. reclamaton, or site restorshon actvites tursuant to 10 CF R parts 30. 40. 70 and 12 of tNs chapter Aggroval. Renewal Anerdment Full Cost insg,ct ons full Cost
- 15. Irrgiort ard Eagr1 licenses Lxenses nsued pursuant to 10 CFR part 110 of trws c.hapter far the omsort ard emport only of srecial nuclear matenal.
source rnatenal,inhum vd otter bypoict materel, heavy water. or nuclear grade graph;te. A. Andcaton erw wagori or angort of hgh enndied urarwn ard other treatenals. enclumng radcactive waste, wfuch must be revewed tsy the Comtrasseorers ard the Enocutrve Dranch, for eaamp6e those actons urder 10 CFR 110 40(t4 This cat. egory 6ticludes argdicabon for enxat or irrgiort of f a$oachve wastes in mid tiple forms from rnufople generators or trtaers vi the enorting country arrtor going to rnuftigde treatnerd, storage or d gosal tac &bes in one or more receiving coun-Ires.
$8.100 Andcateurmw hcense . .
$8.1( 1 Amerdnerd . .._
U. Algdcatton for engst or ingort of special nucJear matenal, source matenal. tritium and other tryproduct matenaf, heavy water. or nuclear grade grapruto, including radioactive waste, requinno Esecutrve Branch review t ut not Comtrussioner re-view. This category 6rdudos aggdscaton fcr the esport or ingert of ra$oactrve waste envolving a sargle form of waste from a s6ngle (dess of generator 6n the egiortsrq oountry to a single treatment, storage andor deposal facdtry M the racervirg country. Agdcatsorwnew htense . .. . .. . $5.000 Arnandment . -. . . . . . - . . .- . . - . . . . . . . $5.000 C. Aggdication for egiori of routire relomits of low erviched uranium reactor fuel and errorts of source matenal requirirg only foregn goverronent assurareces urxhir the Atonwc Erergy Act. i $2.900 AM*catiorrnow Iconse . , , . .
, .. .. C.900 Amendment . ,
D. Agdumbon for esport or import of otter materials,includng radeoactive waste, not requinng Commessoner review. Esec-utive Branch review. or foregn governnent assurances under the Atonne Energy Act Ttus category 6ncludes agacabon for emport or 6npr1 of radioactive waste wters the NRC has provously authonfed the engst or imrert of the mane form i of waste to or from the same or sirrular parises, requiring only confirmabon from the recafving facdity and Icensing authon- ' bos that to stupments may poceed according to previously agreed understaridings ard procedures.
. . . . . . . . . . . $1,300.
AndeusteorWew latense .. .. ... .. . . . . .,
$1.300,
......n Amerdmert . .. . . . . , .. . . . . . . . . . . . . . . . . . . .
E. Marior anordmoni of any export or errgott icense to entend the eguration date, change &metho infortrabon, or make otter revisens which do not requ6re tr>denn analysis, revew, or consuttatmns with other agergues or foreign goverrw rnonts,
$190 Anwrdirrorit . .
- 16. Recogrocny:
Agreement Stele licensees who conduct activities under tte ociprocdy povisions of 10 CFR 15020 l $1,100. Andicattun Qnstlal fihng of Form 241) . . . . . . . . . . .
._...m . . . . $200.
Revisions ... . .. - . . . . . . . - _
' Tnes of i:: Vrate charges, as shown en the schedule, will te assessed for pe ilcabon consultabons ard reviews and appicatons for rww leennes and approvals, issuance of new 4 enses arut approvals, amendrrerne certsen renewale to emishng beermee and appovals, selety evaluehone of naaled tources arid demcara tuid certah enspections. The following gudefines appry to these charges; (a) W Ases. Andscahone for new enew tale licenses and arprovals; appbcatons to reinstate expered, terminated or inactrve licenses and amrtweie oncept tione steilect to fees assebaed at fut costs, and am*cauore fi6ed Agreement State boenness to twuster under the ger>
eral hoenee provisions of 10 CF R 16020 must be accongerwed by the proecnted appbca fee for each ostegorv. except inat; (t) Arghharts for hcennes covering more tsan one fee category of special nuctear meterW or source motortal r.wel te accompanied by the presortied ARdecaton los for the hghest fee category, afd for konees urder Calogory 1E must be arved try the prescribed apN :ston fee of $126.000. (2) s and approvals and tur preappicateon consuNetons and reviews sublect (b) 'revww fees Fees for an*catore for new to fd cost toes Categones 1 A,18,1E,2A, 4 A, 58,10A. i t.12,13A. and 14) are due mon notincahon by the Comrnsa.on in accordance with $ 110.12 (b). (e), and (f). (c) %-C- --wal fees. Appbcatons autgect to tull cost fees (tee Categones 1 A,10,1E. 2A,4A,6B,10A,11,13A, and 14) are due upon notrficahon by thetomtress6on M accordance with $ 110.12(d). (d) Amenctnent%vison fees. those subpect to fees as< (t) Apphrebons for amer *bnts to loanees and approvals and revtsons to reciproCAy intbal appkahone, en . An aghbon for an seeeed at id costs, must be accompaned tyv the prescrted amendment / revision leo for sech icenstvrevision a amendnent to e hcense or approval classifed 6n more than one 'ee catege y must te accomparsed by lio prescnbed amendment tee for the calogory affecto by tho amendment un6ess the amendment is ap leable to two or more too categones en .'.hach c et too category would apply. For those hcenses and approvre subgect to fun costa (fu Cateoortes 1 A,18,1E,2A,4A,68, ICA, t1,12. 1 and 14), emendment toes are &e @on notsfcaton by the Comrtweeson in accordance with $ 1TO.12(c). (2) An aMhhan lot amenchient to a mater 6als bcense or approval that would place the boonne or approval M a h6 ghee fee category or add a new too category must be accomperwed t y the preecribed appbcaten fee for the tww category. (3) An apphechon for erneruiment to a lecense or approval that would reduce the scope of a necensee's program to a lower fee category must te accortpareed by the preecrthed amormwnt fee for the lower fee category.
- 4) Apphcehona to terminate hoenees authonzing smal matenals programs, when no dismantting or decontaranaton procedure is required, are attipect to lees.
= _ ~ - - . - - -----
lederal Regislet Vol. M No W' Ih"Nk MM# * ' ' wij riu irwtw nstsu borg fN# o r
!sy mgn=cfinn fres mf,gewo 3 ree,y tryn mir ? MRns CWelAted L, !?r L'M u V # .nl Lib #'3n cogt niti to, deterrhined (As4%i on it d 'Srr "
- d b.s't, 4 e j arq a e e wtp t to teeg it9 freg attested at to
' t gi N g,ieg as f JMi%dlw cVitrEtbY $*ug4e d '.eV4 s (M v5 r e fWe,j tu (! b i ite m[isi< vp evt ped tjf 1%c gate egf abaigrgj w kje
;16 r, t 70 ' T O
' 'rtt. gen %qj f es a'e due (;a,ri eut bcahy tig the Cornmwori eri ac corda W , 'M 8 I taes *ill rifJt te chargtad fut or jerg tst, sed 0, trie ( , i.%swei gy+w f ts 1; ;f 4 "' fig gr i J aNrN,e"1s h%? '1 y,er ' i guireart.cnts of these 1,ge.s of Comeryspon OM,ers Ho* f ver. ters edi(se trWped tu ag4MnaT 6lyed # der a SIMC Gornert4sion s regsiptiong (,rxier ime 10 e,8 the ( A l f f evig begge gr 3 f 3. 'O (J R $Q j i,40 t 4, /Q i L /3 k and sr*, ot%r te or bereanet an eNect) tegardets of eretr+r tr
',,r- .e aggro,al es +n the torrn of a hcense amervirnent, r e-letter of
/'A' OtP+t r form in ark 11 tion to the fee shown dn 4 Wart ma, ( ** me%( d an AM!.tinW 'ee tDr stilled sDu Ce and device evaluahnris
' Categwes 9a tNough 9D'I ull cost tCes
- A te dete' mined taned on the t.rWu v v tta*f firne ar1 erstorvate contractuiti sug; o a Ca' inns (utet nt'y un tar isry) for which teet aege gg.jperwned (qtved on the fstl (.Ost c8MWied 'of t*le 'ev'ce, lhe profess 4onU ttat' hws esW 8 t% IN ise *diIV Ueterrnined at the professional tales 6n etteel at the tee tN '
r r f the review of the ingspcation up to tfe e 'eCfo e d.sle 0r Anch rent
- costs f ase tcJ@ed Jn afOliCatile tee cC8 inJ estat>hshed f>y !* e ./ r 8
- e Aas prouded sbr afighatic,r4 current) on tue fu ,
19% innd Js8 f
- 7. 99 60. tuies tsut are still g.erdng camg* ton of the recen the cost ircurted aMet any a;phcataseuceiling *as teache Januay 29,1989. w 11 not te tmped to the aMust t r'r r<ckss<oraf statt hours espe'u1ed afsave those codings 00G< on et 8 will te assessed at the apg Attte f ates teWbidi +1 tiv $ T /0 20 as dfOroy ate. estept I? IDgwcal regorts d nt ur"'Dr whose teWe* costs eacee trDM Ja%f.
Which eaCted $b0,0QQ tot each top, Cal te[KJrt, a'nendritent feVisiun. or sufifilernent to a 1(4)lc41 seport Cornplete .,s.,t 9,1991, will t.t
- 30,1989, through Augast 8,199t. *di not te tui.cd to the anAcant Any professional hours entiended on or a%
sessed at the aggshcatne rate establishf'd in 6170 20 in (to sarne lecense escqd en those ire, tart.es in which an applicatim deais only new tecenses that cover rioth byrvoduct rnateriaf and sgacal rucit d' rnafenal en sealed sources tot use in gatgirg devices ell ganate agilication fee tot fee Categor'; 1C Only. 3 ' Fees will riot te essessed tot requests / reports sutetted to the NHC- + ...senderent to the hcense, does not resu t in the teview of an i-(aJ in tesMnse to a Genorc Letter (v NRC Bulletin that does not resuff c ' terna'e trettvid of teanatysis to rrett the requerernents of the Genenc httor o oues not e 1 assist NRC in devekorg a ruie, regulatory guide. Idecy staternent, genere letter, or t>uDete, or(el A l lWovertents Of etturts, 171.1b of the regulations untH a no: ice burrharge). Tha activities uimprnm c l PART 171-ANNUAL FEES FOR the baw FY 1995 annual fee are a REACTOR OPER ATING LICENSES, concerning the revised arnount of the ( fees for the f% cal year is puWhc6 hv foHows-AND FUEL CYCLF LICENSES AND the NRC If ino NHC ir unable to pubh*h 0) Power tractor ufety and MATI: RIALS LICENSES, INCLUDING safeguards regulation eu ept ht enme HOLDERS OF CERTIFICATES OF .i Imal fee rule that bn omes effecth e . and mspectson ac taities in m ered COMPLlANCE, REGISTRATIONS, AND during the f urrent fiscal year, then fees under to CFR part 170 of this e bapter Q:JALITY ASSURANCE PROGRAM would be assesu.ed based on the rates in cffett for the previous fiscal wir. (2) Research attivities dires tly related APPROVALS AND GOVERNMENT to the regulation of power tem tun H In 5171.I5, paragraphs la) (N (c) AGENCIES LICLNSED BY THE NRC D) Generic activities required latteh i in uctory int, Mit h lcH2). Rh and 0 The authority citation for part t71
~ aie revned to read as MUows: for NRC to regulate power reacturn e v continues to read as follows: updating part 50 of this chapter. or A 4thorstr sw. 7t.ot Pub 1,9%272.1oo l171.15 Annual fees: Peador operating p adng b k M b p W M M 4
Stal 146.as amended by wr. %Dt Pub 1; Hcentes, (cWho activities comprisin; the n it+20L 101 stat t uo. as amended by sec (a) I;ach perwn licensod to operate a M95 surcharge am as foHows. 3201. Pub i 1n16103 Stat Moe as arnended by we. Mot Pub L toMon 104 power, test, or rewatch reactor shall pay the annualIce .or each utilt for widch NM M M andh N A existing NRC hcensen or class of Stat 13as.(42 U S C 2213L cc Jot. Put L h psu ble e operating license at br,nsecs; e g., reviews submitted by 92-ste, sa stat 222 (42 (LSC 220ttwil.wc. any time durmg the Fedeial 1 Y in other government agencies ge g., g)yJ , 20t. 8s blet 1244, as amended (42 U S C whic h the fee is due, except for those sa4:1.sec 2903. Pub L toNatt trw, mt. that do not result in a license or are u., ' test and rewaah reactors esernpted in associated with a license;internatmnal 3125 (42 U S C. 22 4 note) 11 cooperative safety program hud
$ tion 171.13 is revised to read as r:171;g(aH11 g g, g (a)(21 ay and international safeguards neth ities; low -
~
for each operating power reactor which I'V8I".*e disposal generic activities. l171.13 Nosce, rv st be collected by September 30 uranium enrichment generic activities 1997, is $2M72,000. This fee has Nen and The annual fees applicable to an determined by adjusting the FY 1996 (2) Activities not currently as=eswd operating reactor and to a materials licensee, including a Government annual fee upward by 8.2 percent. In the under to CFR part 170 licenslng and FY 1995 final rule, the NRC stated it inspection fees based on existing agency licensed by the NRC, subject to this part and calculated in accore mce would stabilite annual fees by adjusting Commission pohcy, o g.. reviews and 5 with $5171.15 and 171.16, will tw the annual fees only by the percentage inspections conducted of nonprofit change (plus or minus)in NRC's total educational institutions, and costs that pubhshed as a notice in the Federal Register as soon as la practicable hut no budget authority and adjustments based would not be collected from small later than the thirc quarter of FY 1997 on changes in to Ci 3 part 170 fees as entitica based on Commission pohcs m and 1998. The annual fees will become well as on the numer of licensees accordance with the Regulatory due and payable to the NRC in paying the fees The first adjustment to Flexibility Act. accordance with $ 171.19 except as the annual fees using this method * * * * ' provided in i171.17. Quarterly occurred in FY 1996 when all annual (c)The FY 1997 annual fees for payments of the annual fees of $100,000 fees were decreased 6.5 percent below licensees authorized to ope. ate a or more will continue dur!ng the fiscal the FY 1995 annual fees. The FY 1995 annual fee was comprised of a base nonpower (test and research) reattor year and be based on the applicable licensed under part 50 of this chap;er. annual fee and an additional charge annual fees as shown in $6171.15 and
. _ _ _ . _ _ _ __ _ _ _ . _ _ _ _ _ _ . _ . _ _ _ _ _ . ~ _ . ~ - _ ._ __ .- _ _
8900 Fed:rd Register / Vol. 62. No 39 / t hursday, l ebruary J7,1997 t Proputed Ruies except for those reactors axempted from Smali busasses not en- Maumum an. $1.800 for each category applicable to fees under ft 171.11(al. are as follows- gaged in manuf aciunng and nual fee per h- the license (si Rewarth reactor.. Test r= actor.. 557.700 557.700
$"[oha ual e[$ - -
(d) The FY 1997 annual fees for materials licensees and holders of
$350.000 to $5 mtlion . $1.800 certificates, registrations or approvals (f) For f),1997 4.nd FY 1998, annual tess than $350.000 . 400 subject to fees under this section are fees for operating reactors will be Manufactunng entrbes that - shown below The FY 1997 annual fees, celculoted and asses'.ed in accordance have an average of 500 g g employees or less.
l g with b 171.13 1,800 30,1997, have been determm.ed by 35 to 500 employees
- 9. In $ 171.16 the introductory text of Less than 35 employees a00 adjusting upward the FY 1996 annual paragraph (c) and paragraphs (cH1). Small Governmental Junsd c- fees by 8.2 percent. In the FY 1995 final (c)(4),(d), and (e) are revised to tread as tions (including pubhety rule, the NRC stated it would stabilize followr supported educational in-unual fees b Yadjusting the annual fees statu' tons) (Poputabon):
$ 171.16 Annual Fees: Meterials 20.0(A) to 50.000 . .. 1,800 0' ' by the percentage change (plus or Licenseee, Holders of Certificates of less than 20.000 , 400 .tb as)in NRC's total budget authority Compilance, Holders of Sealed Source and Educadonal instrtut ons that anu adjustments based on changes in 10 Devlos MogletreOons, Holders of Quenty are not State or Put*clY CFR part 170 fees as well as on the Aseurance Program Approvals and Supported, and have 500 number of licensees paying the fees. The Govemment agenclee pcenser4.y the NRC, Cmp 6cyees m Less:
1,800 first adjustment to the annual fees using 35 to 500 ermioyees . Less than 35 ermioyees . 400 this method occurred in Fi,1996 when (c) A licensee who is required to pay all annual fees were decreased 6 5 an annual 'ee under this section may (1) A licensee qualifies as a small percent below the FY 1995 annual fees. qualify as a small entity. If a licensee entity if it meets the size standards The FY 1995 annual fee was comprised qualifies as a small entity and provides estab'lished by the NRC (See 10 CFR of a base annual fee and an additional the Commission with the proper 2.810). charge (surcharge). The activities
* * * *
- comprising the FY 1995 su.cnarge e certification, the licensee may pay reduced annual fees for FY 1997 as (4) For FY 1997, the maximum annual shown for ccnvenience in paragraph )
follows: fee a small entity is rec. aired to pay is of this section.
- SCHEDULE OF MATERIALS ANNUAL FELS AND FEES t'OR GOVERNMENT AGENCIES LICENSED BY NRC lSee footnotes at end of table)
Category of matenals hconses , a
- 1. Special nuci ar matenat A. (1) Lkenees for pc-am and use of U-235 or plutorwum for fuel fabncahon activibes.
(a) Strategic Special Nuclear Matenat Babcocit & Wicos SNW42 . $2.600.000 Nurtear Fuel Services SNW124 . .. . . . - ._..m... _ . - . , 2.600,000 (b) Low Enrkhed Urarwum in Dispersibie Form Used for Fabncation of Power Reactor Fuel: Combuenon Engineenng (Heraatite) SNW33 .- .. 1,276.000 General Electnc Cormany TW -1097 . 1.276.000 Seemens Nuclear Power Sts SWt?7 . _ . _ . . . 1,276,000 Wesenghouse Elearic Compey SNWt107 __ __ 1,276.000 (2) Al other special nuc4 ear matenais hcenes not included in Category 1.A.(1) wtuch are Icensed for fuel cycle actrvit es (a) Facihties with hmted operabons: Entw Fuel Cor@any SNW1168 508.000 (b) Ah Owars: General Electisc SNWg60 __ __ ..... . 345,000 B. Ucenses for recet *
- V mage of spent fuel at an independen. pent fuel storage Installabon (ISFSI) . .
282,000 C. Ucensee lor pt de%un er J use of special nuclear treterial in sealed sources contained in oevices usea in industrial maastring systee.% #a/' q *ay fluorescence analyzers . . 1,300 D. All other speaal ram.A rnaterW heennes, except licenses authorizing special nuclear material in unsealed form in com-tunahon that would constnute .9. critic.si quantity, as defined bi $150.11 of this chapter, for which the bcensee shall pay the same looe as those for Category 1.A.(2) 3,000 E. Ucensee or cervicates for the operaton of a urarwum -.c r w.t facahty . 2.600,000
- 2. Source material A. (1) Urv.ses for possess #on and use of source matenal for refining urarwum mil concentrates to urarwum hexafluonde . 647.000 (2) anses tot posses 9 eon and une of source matenal in recovery operabons such as mihng, iraitu neeching, heap-leachng. ore buying statnne, ion exchange facahbes and in processang of ores contairung source material tot extrao-bon of metals ther than urarwum or thonum, including licenses e ahortzing the possession of byprochact waste mate-nal (taihngs) from ' ource matenal recovery operabons, as well .s licenses authorizing the ~~aum and mamte-nance of a fac6hty 1 a stan@y mode. .
Class I facahbe + .. - 61,6 J Class il tacahtses* ... ... 34,800 Other facdihes * .. ,, . _ _ _ . 22.300 (3) Ucenses that authort2e the receipt of byproduct matenat, as defined in Secton 11e.(2) of the Atome Energy Act , from other persons for possession and disposal, except thuse hcenses sWt ect to the fees in Category 2.A.(2) or Cat. egory 2.A.(4) .. .. l 45.200 l
- 7. m7 / Propowd Rules 8901 Ud:rcl RegiMer / Vol. fi2, No. 39 / Thutulav. Wbruary SCHFDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES
[See Ioctnotes at end of tatvrl ._. _ y - _ . f ,, Category of materia!s kenses
)
(4) Lcenses that authorue the reced of byyoduct rnatenal, as define j in Section 11e (2) of the Atorruc Energy Act. from other pe sons tot por.sesson aN1 dumal inc4 dental to the dsposal of the u*anium waste tengs generated 8WJ by ' the hcensee's rn.l;.ng operations. escept those licenses subrect to the fees in Category 2 A (2) . E
- 8. La,enses which aut%nte only the Nssession, use and or instanaton of sourt a matena! for sheelding . 8N C All other source matenal hcenses .
- 3. Byproduct material A. Licenses of troad scope for possession and use of byproduct ena eas! enued pu.suant to parts 30 and16.600 ..
33 of thrs chap-ter for processrq or manufactunng of items contain ng Dyproduct ma.cna; tw con..ncwal $stnbution . .~... .. B Other ice,nses for possession and use of byproduct matenal issund p.want to part 30_ .0. this chapter tor processang . . . - . Sh03 or manufactunng of iterns containing byproduct matenal for conynercial dsas J Aarstor 32.74 of this chapt r authonzing C. Lcenses issued pursuant to $$ 32.72. 32 73. [ and Ostnbubon or reestrbubon of radopharmaceutacals, generators rear ent kits andor sources and devices containing byproduct matedal. This category also arcludes the possessson and use sa source matenal tot sNeidng authonz ant to part 40 of this chapter when included on the same hcense. This rategory does not apply to hcanses issued to profit educahonal matitubons whose processing or rnanufactunng as en empt under 10 CFR 171.11(a)(1). tt200 These sc are covered by fee Categc y 20 D. Lcenses and approvals issued pursuant to $$ 32.72. 32 73, andor 32.74 of th uct matenal This category includes Icenses issued pursuant to $$ 3212,32.73 and 32.74 to nonprofit educaboral inste tuhans whose processang or rnanufactunng is esemp' urter 10 CFR 171.11(a)(f). This category also includes t* e pos-session ar*1 use of source rnatorial for stweidng authoried pursuant to part 40 of this chapter when included 4 A00 on the same iconse . . . . , E. Lcenses for possession and use of typroduct matenal in sealed sources for tradation of matenais in wruch 3200 the source is not removed from its shield (self-sNeided urwts) . F. Licenses for possession and use *81ess than 10.000 cunes of byproduct . 3M0 sna Gabon of matenais m wtuch the source ss not esposed for arradation purposes G. Lcenses for possession and use of 10.000 cunes or rnore of byproduct :-... . . . . . t 9.600 ma dation of mattnals en wNch the source is not exposed for tradabon purposes . ._ H. Lcenses tasued pursuant to subpart A of part 32 of thrs chapter to estnbute sterre contairung byproduct matenal th quire device review to persona exempt from the bcensing requerements - - . . . 5.000 of p rnents of part 30 of this chapter .
- l. Ucenses 6ssued pursuant to separt A of part 32 of tivs chapter to $stribute noms contarung byproduct matenal or q tibes of byprod.ct matenal that do not requre devce evalunhon 8.900 to person tnbution to persons exempt trorn the teensing requirvnents of part 30 of this chapter J. Licenses issued pursuant to subpart 0 of part 32 of this chapter to estnbute nemn contairwng typroduct matcna quire scaled source and/or devce review to persons generany hcensed -.
, . . . ~ . . . .
3E00 und part 31 of tNs chapter - K. Lkensee issued pursuant to stepart e of part 31 of this chapter to estrtiuto items containing byproduct maten quantises of byproduct matenal that do not require sealed source . _ . 3000 antfor dst,tbuhon to persons generalty bcensed under part 31 of ttws Jiapter . L Licennes of broad scope for possession and use of byproduct rnatorialissued pursuant to parts 30 -
~
and 33 of tN 12.300 for research and devotopment that do not authorize widodsl drstribubon M. Other Scannes for posseesson and une of byprodJct material issuee pursuant to part 30 of this , . . . . 5,500 chapter for development that do not authorue commercial estnbuton .. N. Lkename that authortze servces for other iconsees, cacept (1) Uconnes that authorize only cahbrabon and/or leek teshng servicae are subject to the fees spec 3P; and 6.100 (2) Weennes that autnorus waste disposal services are subject to the fees speerfied in fee Categon O. Ucensen for possession and use of byproduct materist issued -_ 14,000pursua 1.700 to part 40 of thts chapter when etahortred on the same hcense . ... .. . P. As ot' er specific byprodict matenal heennes, except ttw ee in Cahogones 4A th ough(D
- 4. Wante dauomal and processing:
A. Ucenses specifically authortrin0 the receipt of waste byproduct matenal, source nedsrial, or special ruc from other persons lor the purpose of contmgency storage or commercial land esposal by the licensee; or ticense thorizing conhngency storage of tom 4evel radnoectrve waste at *102,000 . the site o of packages to another penon authortred to receive or espose of waste matenal . B. Ucenses tpecifically authorizing the receept of waste byproduct materia .I 14,.10@ transfer to another person authonzed to receive or dspose of the material .
. . .. - - .- - - =_ .- . - - - - .
. u. <n 8902 fedirci hgater r \ un ta. .h su ...s.m.a - .
7 . SCHED9tE OF MATERIALS ANNUAL FEES /so FEES Foa Gr.dERNMENT AGENCIES LICENSED By NRC-Co (See footnotes at end of table! ___ e
"*k Cattgory of materials lica n$es f C. Licenses speofcally authorging the receipt of prepackaged waste byproduct matenal. source material. or sgecial nu.
clear matenal from other persons The licensee will d;stos; cf tre materiat by transfer to another person authorged7.700 to receve or drspose of the material .. _ , . . . 5 WelllerypngA. LJceaws for possession and use of byproduct rnatenal, source matenal, andw meat nuclear matenal 8200 ror well lo well surveys, and treer studies other tw f<eid floodin0 tracer stud,er . 13200 0 Licenses for pcssess.o t and use of t>rpswuct materiai for f eid fiood ,( uacer studes .
- 6. Nuclear laundnes:
A. Ltcenses for commercsal cullection and laundry of items contaminated with byproduct material, source matenal, 14.700 or spe-cal nuclear malenal .
- 7. Medcal bconses:
A. Lcenses issued pursuant to parts 30,35. 40. and 70 of this chapter for human use of byproduct material, source mate-nat, or special nuclear matenal r. sealed sources contained en teletherapy devces This ...._.........~....... category also includes i the 10.300 pov session and use of source matenal for shielding when authorized on tM same icense 30.33,35.40,r.J D. Ucenses of broad scope issued to rnedcal snstitutions or two or enore physicians pursuant to parts 70 of this chapter authorizing research and development, including human use of tyyproduct matenal except licenst'^ lor, byproduct matenal, source rnatorial. or spec al raclear matenal in sealed sources contained in teletherapy 23.500 devic category also encludes tt's possessior and use af arc rnalenal for shieldng when autnorized on the same lcense C. Other iconees assued pursuard to prts 3C. 35,40, ard 7aof this chapter for human use of byproduct matenal, source matertal, and/or special nuclear matenaf encept hcenses for byproduct matenal, source matenal, or specsal nuclear mate rial in sealed sources contained in telethorapy devices. This category also includes the possession~ .and . . - use of source 4.700 - maternal for shielding when authonted on the same fcense * .
- 8. Crvil defense:
A. Ucenses for possession and ut.e of 6, product material, source matenal, or special ntciear matenal for civil defense . 1.800 ac-r . . . - livibes ......... ,. __
- 9. Device, product, or sealed source safety evaluation:A. Registratione issued for the safety evaluation . . . . . . . . . . . .
7200 of dec special nuclear =sterial except reactor fuel devices, for commercial distnbutan ... .. -.. D. Registrahone istund for the safety evaluation of devices or products conlanng byproduct matenal, source matena specaal nuclear malenal rnanufactured in accordance with the uneque spec Acahons of, and for use by, a3.700 . _ _ . single am except reactor fuel devices . .m........ ____ C, Regratratons tsaued for the safety evaluabon of sealed sources containing _ . . . . . _ byproduct matenal. source t.600 matenal, o coal nuclear material, except reactor fuel, for commercial estnbution . D. Registratons leeued for the safety evalualmo of sonied sources contanng byprodJct meterial, source material, or sp ciel nuclear malattal, manutnctured en accordance with the unsque specsfacehone of, and _ . . for use by, a sangle apphcant,
.......-.~.... 780 encapt toactor fust . .
10.T = w of redoeneve matenal: A. Certnicates of Corgnance or other package amrovals tasued for design of ceaka, packages, and shipping contaeners *N/A Spent Fuel. Highlevel Waste, and plutonium as packages . ,m
- N/A Other Casks . .......
B. Approvals issued of 10 CFR part 71 q ality assurance programs 78.700 Users and Fabncators .. _
- . . . .. 1.000 Users ... .. ,. _
_m. - , . .
*N/A
- 11. Standarszed apont fuel leciaties - ; .. ,
- N/A
. . . . _ _ ....._m. .
- N/ A
- 12. Spedel Proteus . .
13JA. spent fuel storage cook'cersficate of Compiiance _ . ,._ . . . . . . 282.000 B. General hconnes for storage of spent fuel under 10 CFR 72.210 . 14, Byproduct source, or special nuclear material hcenses and other approvals authorizing decommiseson6ng, 7decontam . N/ A redameson, or alte restoranon acirvites pursuant to 10 CFR parts 30,40. 70, and 72 . .. . ..
- N/A
- 15. legort and Emport beennes ...m- . .. _ ._...m,.... - . . _
*N/A
- 16. Redprocity . . _ _<
420.000
- 17. Master matortals lloennes of broad secpe issued to Govemment agencies
- 18. Departnant of Energy- ,..........m '01.166.000
- .m._
A.CertlAcesseof Cor@hence . . , . . .
.......;. 1.961.000 B. Uranksn he Tading Radlemon Convol Act (UMTRCA) acevtties . ..
9, and use of radoactwo
' Annual fees will be aseeemed bened on whether a heenete held a vahd hcense with the NRC authortzmg w mater 6a: during the Recal year. However, the annual fee is waived for those materials licenses and h provals who enhet flied for terminabon of thest heennes or approvals or filed for for hoansees who Aled for termmahon of a Econse, down-ceased noensed ecovites entrofy by September 30.1996, Annual in accordance with the grade of a ' . or for a POL me Recal year and for now bconsee lowed during the hacel year wel be wel be assessed for each more man one noenee, certheate, regiskaton, or approval, me annual on a single teense (e.g..
of $171.17. Il e
. CerWAceto, f - or approval held by that person. For . censes that authonze more then oneaach category afy*c human use end Irmastor acevtues), annual fees wit be assessed fce under C 1.A.(1).ase not subsect to the annua! fees of Category t.C and 1.0 for sealed sources authorized in the license, aP me presormed annual fee dose not automa9cally renew the license. CortScate, registraton, or app Renewal afym's must be Reed in accordance wnh the requirements of parte 30. 40. 70. 71.o eral for notoe and comment.
*A I Mcense trw*dma mill hoenees issued for the extrachon of uraruum from uranium cre. A Class it hco conese (Irweltu and heap leech) leeued for the extrachon of uratuum from uransurn ores 6nclueng research a bcones includes boensee for outracton of metals heavy metals and rare earths.
(MM I i e Federcl Regihter / Vol. fa. No 14 ' I Nrvin , Februan R WC , proposed Ruh s f a
' f *o licenses have t.een issC tn ivnC for !and d4tesat o' ,wc w we v ~awnai Cmce VC mes a LLW d srmsai hce se for b,rm ary) scurce material the Comm,s.on *4 cons, der estxweg isn enu r U Nr th4s type r tc utense
- Standard.md spent fum tamt.cs parts 71 and /2 Certirses of ( oaxe aN sWs reve*s. sxn as tapitai reports, are not assen -
an annual fee tjecause the generic Costs of regulahng these artvlies prWe ir a*tobuta*pe .o tt e users of the desgns, cert.hcateS wdi cal f eports
'bcensees en this category are not assessed an aond le w a.as % ae nrrd r annual tee in otner catepnes whoe the, a t.ensed to cpera'e e No annual fee es charged tiecause et is not practical to aansr Mef due O Se reutue'y ist Me or temyyary nature r;f the kcense.
' Separate annuu fees *al not t>e assessed for pacewer utee e to meul mstdations who amo hdd nociear med' cine ocw ,
urder Categones 78 or 7C 4 Th s includes Ce% cates of Compance issued ta DOE rw =ce nct un se tne N nca hte F und lit ense New twenw, mtwJ durw the (cj Fur th 1997 and 1998. annual (e) The activities iompramg the f Y 1995 surt harge are as follows perol 06 toher 1 throuy,h Nf arc h 1i nf fees in the amount of 5100.000 or mw and described in the Federal Register ill LLW disposal genene atn ilms. the FY will be awessed one. hall the annual fee for that FY. New bcenses notice pursuant to % 171.13 rnust be pd (2) Activities not attnbutable to an in quarterly installments of 25 peri ent existing NRC licensee or classes of issued on or after April 1 of the FY wdl as billed by the NRC. The quarters bem licensees; e g., international cooperative not be assemi an annual fee for that on October 1, January 1 April 1. and safety program and international FY. Thereafter. the full fee is due and payable each subsequent FY. The July 1 of each fiscal year. safeguards activities; support for the (d) For FYs 1997 and 1998, annu.11 Agreement State program; site annual fee will be prorated for licenses for which a termination request or a fees of less than 5100.000 rnust be pod decommissioning management plan as billed by the NRC. As established m (SDMP) activities and request for a POL has been received on FY 1996, materials license annual fees (3) Activities not currently assessed or after October 1 of a FY on the basis under 10 CFR part 170 licensing and of when the application for termination that are less than 5100.000 are bdied on inspection fees based on existing law or or POL is recei"ed by the NRC provided the anniversary of the lit ense. The Cornmission policy, e g., revbws and the lico,m. perr.,anently ceased mater:als licensees that are billed on the licensed activities during the specified anniversary date of the license are those inspections conducted t .onprofit educational institutions and Federal period. Licenses for which applications covered by fee categories 1 C and 1.D . for termination or POL are filed during 2. A.(2) through 2 C : 3.A. through 3 P - agencies; activitics related to 4.0. through RD.; and to 11. For annuai dmommissioning and reclamation and the penod October 1 through March 31 of the FY are asse ssed one half the fee purposes, the anniversary date of th, costs that would not be collected from small entities based on Commissmn annual fee for the applicable license is considered to be the first dn category (ies) for that FY. Licenses for of the month in which the original policy in accordance with the license was issued by the NRC. Regulatory Flexibility Act. which applications for termination or a = * *
- POL are filed on or after April 1 of the Beginning June 11,1996, the effectn e date of the FY 1996 final rule, licernee,
- 10. In S 171.17, introductory text. FY are asses.cd the full annual fee for paragraphs (a), (b) introductory text, and that FY. Materials licenses transferred anniversary to that date are billed will be on the assessed thelicense a new Agreement State during the FY (b)(1) are revised to read as folidws: are considered tnrminated by the tGC, annual fee in effect on the anniversarv
$ 171,17 Proration, for annual fee purposes, on the state that date of the license. Materials licenses Annual fees will be prorated for NRC the Agreement with the State becomes subject to the annual fee that are effective; therefore, the same proration terminated during the fiscal year but licensees as follows:
(a) ficoctors, The annual fee for provisions will apply a i if the licenses prior to the anniversary month of the were terminated. license will be billed upon termination reactors (power and nonpower) that are subject to fees under this part and are . . . . . for the fee in effect at the time of the granted a license to operate on or after 11. In S 171.19, paragraphs (b), (cl, billing. New materials licenses subiect October 1 of a Fiscal Year is prorated on and (d) are revised to read as follows: to the annual fee will be billed in the the basis of the number of days month the license is issued or in the remaining in the fiscal year. Thereafter. I 171.19 Payment. next available monthly billing for the the full fee is due and payable escl.
* * * *
- fee in effect on the anniversary date of (b) For FYs 1997 and FY 1998, the the license. Thereafter, annual fees for subsequent fiscal year. Licensees who have requested amendment to withdraw Commission will adjust the fourth new licenses'will be assessed in the operatlng authority permanently during quarterly bill for operating power anniversary month of the license, the fiscal year will be prorated based on reactors and certain materials licensees Deted at Rockville, Maryland, this 19th day the fiscal to recover the full amount of the revised the number of days durinfect before year the license was in ef annual fee. If the amounts collected in U',*[e gc Regulatory commission.
docketing of the certifications for the first three quarters exceed the Rorald M. Scroggins, amount of the revised annual fee, the pertnanent cessation of operations and Acting Chief Financial Officer. permanent removal of fuel from the overpayment will be refunded. All other reactor vessel or when a finallegally licensees, or holders of a certificate. Appendix A to *nde Proposed Rule-- registration, or ap 'roval of a QA Regulatory Flexibility Analysis for the effective order it yermanently cease Amendancets to 10 CFR Pasi 170 it.icense operations has come into effect. program will be se at a bill for the full amount of the annual fee on the Feel mi e CFR Part 171 (Annual Fees) (b) Moterials licenses (including fuel cycle licenses). (1) New licenses and anniversary date of the license. Payment I. sockpwnd terminotions.The annual foe for a is due on tue invoice date and interest The Regulatory Flexibility Act of 1%o. as accrues from the date of the invoice. amended,(s U.S.C. 601 et seg ) establishes as materials license that is sub}ect to fees under this part and issued on or after llowever, interest will be waived if a principle of regulatory practice that payment is received within 30 days egencies endeevor to fit reguletory and October 1 of the FY is p{ orated on the Informational requirements. r.onsistent w it h basis of when the NRC issues the new from Qe invoice date. 1
i na m, t w m ; . .,, ni 4.,na ,, , , 11904 f ed:r:1 Register i \ on oL Nu, u, applu sbie statutes,lo a (aie (ommenwrate requuss that the NRC re, oser approsimately 171 of the Damtrussion's regulations with the businewes, orgarutationt and 100 pert eni of es budget aubrits less Therefore. in < ompham e with the iam appropriations from the Nw lear Wade f und At!athmert 1 to this Reelatory Ileubh . goserttroent turisda hans to w hah they apply. To at hiese this princ aple. the At t for Far al Years (FY) 1991 thrugh 19 % An(13 sis is the small entm i ompham e m9 requires that agenues consider the mip4< t of usessing lit eine and ant ual fees Oillw90 for FY 1997 their ertions on small entities if the neni s ~ was amended in 1993 to estend the too Nb#P ^ N"# I." M" (annot (ertify th.it a rule will eiut pen en; ret owr > requirernent for NRC through 1998 For FY 1991, the amount for The tomments received on the propowd smnificantly vnpact a substantial puniber of sn.a!! entities, then a regulators llesitolit) t ollei tiori was .ipproittrnatel> 34451 rnillion. FY 1991-19% fee rule revisions and the analysis is required to examirie the impacts for FY 1992, approumatel) 5492 5 milhon. sinall entats ( ertifk alions ret en ed in on small entities and the alternatnes to for Fi 1991 stnit SSin 9 mdlion, for FY response to the final fT 1991-1996 fee rules t ti4 about $511 million. L . i 19A about indic ate inat NRC lu ensits qualif ying a rninimite thew imputs-To assist in consWering these irnpa(ts 5',01 b inilhon. for F Y 19 sh about 5462 3 small entities under the NRC's sae stanclarde under the Regulatory Fleubihty Act (RI A), million and the amount to be collected in FY are primarily those licensed under the NRC s first the NRC adopted size standards for 199? is approximately 54f>2 3 milhan. materials prograrn. Therefore, this anah sin To comply with OBRA-90.the will focus on the economic impact of the determining which NRC Ikensees qualify n small entities (50 FR 50241; December 9. Commission amended its fee regulations in annual fees on materials Inensees. to CFR parts 170 and 171 m FY 1991 (56 FR The Commission's fee regulations result in 1985) These size standards were clarified substantial fees being c harged to those November 6,1991 (56 FR 56672). On Apnl 31472, July 10,1991) in FY 1992. (57 FR 7,1994 (59 FR 16513), the Sma! dusiness 32691; July 23.1992)in f71993(58 FR individuals, organizations, and comparues Administration (SHA) issued a 1 %I rule 3n6t>6. July 20.1993) in FY 1994 (59 FR that are licensed under the NRC materials changing its size standards The SHA Jtia95; July 20,1994) iri FY 1995 (r>0 FR program. Of these materials lit;ensees, ainut adjusted its rm eipts. based slee standards 32218; June 20,1995) and in FY 1996 (61 FR 10 percent (approximately 1,400 lic entec 0 levels to mitigate the effects ofinflation from tri203) based on a careful evaluation of over have requested small entity certification m 1,000 comments. These final rules the past In FT 1993, the NRCconduurd a 1984 to 1994. On November 30.1994 (59 l'R 61293), the NRC published a proposed rule established the methodology used by NRC in survey of its materials licensees. The results to amend its size standards. After evaluating identifying and determining the fees assessed of this survey indicated that about 25 perc ent of these licensees could qualify es small the two comments received, a final rule that and collected in fTs 1991-199a The NRC indicated in th a FY 1995 final entities under the current NRC site would revise the NRC's site standards as proposed was developed and approved by rule that it would attempt to stabilite annual standards. the SHA on March 24,1995. The NRC fees as follows Beginning in FY 19%. It The commenters on the Fi 1991-1994 would adjust the annual fees only by the proposed fee rules indicated the follomng published the final rule revising its site results if the proposed annual fets were not standards on April 11,1995 (60 FR 18344). pertentage change (plus or minus)in NRC's The revised standards t=came effective May total budget authority unless there was a modified: 11,1995 The revised standards adjusted the sub.tantial change in the total NRC budget -Large firms would gain an unfair NRC receipts-based size standards from $3.5 authority or the magnitude of the budget competitive advantage over small entitiet million to SS million to accommodate allocated to a speafic class of licensees, in One commenter noted that a small well-inflation and to conform to the SDA final whnh case the annual fee base would be logging company (a " Mom and Pop" type rule. The NRC also eliminated the separate recalculated (60 FR 32225; june 20,1995). of operation) would find it difficult to The NRC also indicated that the perventage absorb the annual fee, while a large
$1 million sire standard for pnvate practice physisians and applied a receipts based size change would be ediusted based on changes cr rporation would find it ee ier. Another standard of $5 million to this class of in the to CFR part 170 fees and other comme 6ter noted that the fee increase could be more easily absorbed by a high-licenseen. This mirrored the revised SDA adiustments as well as an edi ustment for the volume nuclear medicine clinic. A gauge standard of $5 million for medical numler of licensees paying the fees. As a licensee noted that,in the very competitive prectitioners, The NRC also established a site result, the NRC is proposing to establish the FY 1997 annual fees for all hcensees at 8.2 soils testing market, the annual fee
- would standard of 500 or fewer employees for busmess concerns that are manufacturing percent atmve the l ? 1996 anaual fees. put it at an extreme disadvantage uith its entitles. This standard is the most commonly Because the tMal amount to be recovered much larger competitors because the used SflA employee standard and is the through fees in FY 1997 is identical to the proposed 'ses would be the same for a two.
standard applicable to the types of amount estimated for recovery in FY 1996, person licensee as for a large firm with manufacturing industries that hold an NRC the N'RC believes that establishing new thousands of employees. ticense. baseline fees for FY 1997 is not warranted. -Some firms would be forced to cancel their Public Law 104-121, the Contract with licenses. One commenter, with receipts of The NRC used the revised standards in the less than $500.000 per year, stated that the final I'Y 1995 and FY 1996 fee rules and America Advancem it Act of1996 was proposes to continue their use in this FY signed into law on M th 29,1996. Title 111 proposed rule would,in effect,inrce it to 1997 proposed rule, The smallentity fee of the few is entitle ' '.e Small Business relinquish its soll densih gauge and categories in $ 171.16(c) of this proposed rule Regulatory Enforcement Faimess Act of 1996 license, thereby reducing its abihty to do reflect the changes in the NRC's sise (SBREFA). The SBREFA has two purposes. Its work ellectively, Another commenter standards adopted in FY 1995. A new The first is to reduce regulatory burdens noted that the rule would force the maximum small entity fee for manufacturing imposed by Federal agencies on small company and many other small businesses ludustries with 35 to 500 employees was businesses, nonprol t organlaations and to get rid of the materials license established at 51,800 and a lower. tier small govemmental jurisinctions. The somnd is to altogether. Commentere stated that the entity fee of $400 was established for those provide the Congress with the opportunity to proposed rule would result in about to manufacturing industries with leu than 35 review agency rules before they go into effect. percent of the well logging licensees Under this legislation, the NRC fee rule, terminating their licenses immediately and employees. The lower-tier recelpts based threshold of $250,000 was raised to $350,000 published manually, is considered a " major" approximately 25 pertant terminating thett to reflect opproximately the same portantage rule and themfore must be reviewed by licenses before the next annual assessment. adjustment as t sat made l'y the SBA when Congrees and the Comptroller General before -Some companlee would go out of business. the rule becomes effec tae. Section 312 of the One commenter noted that the proposal . they adjusted the receipts based standard from $3.5 million to $5 million. The NRC Act provlies that for each rule for which an would put Lt, and several other small believee that continuing these actions for FY agency prepared a final regulatory Dexibility companies, out of business or, at the very analysis, the agency shall prepare a guide to least, make it hard to survive. 1997 will reduce the impect of annual fees on small busineeees 'Ito NRC site standards assist small entitles in complying with the --Some comgantes would have budget are codified at to CFP 2.810. rule. A regulatory flexibility analysis la problems. Many medical licensees prepared for the proposed and final NRC fee commented that,in these times of slashed Public Law 101-50s, the Omnibus Budget Reconciliation Act of 1990 (OBR A-eo), rules as trnplemented by to CFR part 170 and reimbursements, the proposed increase of
red:rd Register I h 62. M Be inua 1 v. Fetmry R N i Wupomi Rules uC Tt e Nm. nmtum + > 14 ., .
- t h e ne w tetween the obi ettises of OHRA-90 and ttr the esistirig fees and the iritroduction of RF A Therefore. the analysis and rona additional fres would sigrofa .o.th af fn t t J k pc po la erm im jpphan t aret e metmrt? m m A dn,*<nU W ntablahed in the FY int-WA ru!rs their budgets At othei noted th41, in new ao' rem 6n s ahd for this propomi rule f. r ~ T of the a uts by Medaare and rither tturd he enurg t-es cw ng the pa ..ar l hoe a grufm1 %e; o a#. e 't 1997, in comphance with Pubhc Law tt+
party rarriert the fees would prode e a m % f rus pru;od rde b Ft 1 *
- 121, a small entity comphance gmde hn hardship and some faulthes would NRC msw hAe5 0M me u O k ,C : '9 twen perpated by NRC and is shown as eqwrient e a peat deal of diffic uhy in Attarhment 1 to this Regulatory Flesibih%
meebrig this additional burden. matrnah b ease fm do nm h*
- AudlySLS Over the past fae years, approsimately
'small d " entitses
* "i '"'a.ad P'dthat"^the* tc" *Ci"U h * ' 'I R pet t 71 r Attachment 1in Appendis A 2 900 jn ense. approvag, and regatraton mum mu.il s M m*1 % s q e termina + ni hase twen requrued Alt mugh h* "hi"d U.S Nuclear Regulatory Commaswn. Snm some of these termiruua nns were reque 'es " Entity Cornplance Gusde. Esscal Fear f M h *
- W * " "*' "
let ause the hu nse was rio longer necued or ht enses or registrations (.ould te (omhined. I"' '*' N "M '" I I " "' ""'" Contents many s nall entities a redu ed whFe at tre indaations are that other terminat on 'dme n w masenals lxer.nas, mcludica introduction NRC Definition of Small Entity requests were due to the economic impact of '"ldU "'uun. pey k nuwt dthe M 1W7 NRC Small Entity Fees the fees unts attributable to them The rcats not The NRC continues to rotelve written and '""wred from smau ention m aum sted to Instrucuons for Completing NRC Form o oral eomments from small materials othn u.atenals hums and tuperatiog hc.ensees These etwnmenters previously pown nec tors ikwever, the avant that The Small Business Regulatory indicated that the 53 5 million threshold for must k movered frm other Uceovces as a small entities was not representate a of small rnuh of maintainir.g me masunuin ennual Enforcement fairness Act of 1996 {SitRD M businesses wtth gross ret eipts in the fee is n t expected to ncrease sytmhtamly requires all Federal agencies to prepare a thousands of dollars These wmrnenters I here ore, the NRC is conhnuuig, for FY wntten guide for each "maior final attim e twheve that the $1,800 manirnum aannual fee 1997, the maximum annual fee (base annual defined b the Act. The NRC's fee rule represents a relatively high percentage of fee plus surcharge) for certain small entities publi,she annually to comply with the gms: annual receipts for these " Mom and Omnibus Budget Rec.onciliation Art of p at S tam im aach fee category covered ny Po " type businesses Therefore, even the each laenst issued to a small entity. (ODRA-90) which requires the NRC in roih"i r u(ed annual fee could have a sigmficent While reducing the impact on many small appmximately 100 percent !its buditet tropect on the ability of these types of entities, the Cornminion agrees that the authc. ty each year through fees meets the businesses to continue to operate. thresholds for being considered , mator manunum annual fw of R800 for small " N AD* E "Y " " To alleviate the continuing significant *** O" #d M * # #
- with the law, this small enuty comphane e impact of the annual fees on a substantial fm. may c nhnue t have a significant numler of small entities, the NRC considered unpau n materials hcensees with annual guide has been prepared for FY 19c Ihr alternatives, in accordance with the RFA. gmn nupts in the thousands of dollars. purpose of this guide is to assist sma:)
entities in complying with the NRC fee rule These alternath .s were evaluated in the FW Therefore, as in FY 1992-1996, the NRC is 1991 rule (58 FR 31472; luly 10,1991iin the This guide is designed to aid NRC pr posing to c ntinue the lower.tist small "" D # ""' * " FY 1992 rule (57 FR 32691; July 23,1992), I MOU U '**U """* ** ** h in the FY 1993 rule (5a FR 36666; luly 20. "* Y *^"'Iwith relatively low gross annual mvided receipts.'The in this guide may be used by iconsees to determine whether they quahly 1993), in the FY 1994 rule (59 FR 36895; July I war. tier small entity fee f 5400 also 20.1994);in the FY 1995 rule (60 FR 32218, as a small entity unc of NRC regulations and applies to manufacturing concerns, and are therefore eligible to pay reduced FY 1997 June 20,1995) and in the FY 19% rule (6) educanonal insmWons at mate or publicly annual fees assessed under 10 CFR part 171-FR 16203; April 12,1996).The alternatives 8uPPorted, with less than 35 employees. This Licensees who meet NRC a size standards for camsidered by the NRC can be summarized lower-tier small entity fee was first estabhshed in the final rule pubbsbed in the a small entity must complete NRC Form 526
** I N *
- in order to qualify for the reduced annual fee
-Baso fees on some measure of the amount Federal Register on April 17,1992 (57 FR NRC Form 526 will accompany eoch annual of radioactivity possessed by the licenm 13n25) and now includes manufactunna com umies with a relatively small number of fee invoice mailed to materials licensees The (e R., number of sourcesi- completed form, along with the appropriate
-itase fees on the faquency of use of th* em oyees. small entity fee payment copy of the invoice.
licensed radioactive material (e g., voluma IU S.ummary should be mailed to the U.S. Nuclear of patients). Regulatory Commission License Fee and
-Base fees on the NRC size standards for The NRC has detenniaed the 10 CFR part 171 annual fees significantly impacts a Accounts Receivable Branch,10 I)ox 954514.
small entities- St. Louis, MO 63195-4514. The NI'.C has reexamined the FY 1991-substantial numtm of small entities. A The NRC, in compliaiae with the 1996 evaluations of these alterneuves.balance flased between maximum 'ee for small the requirement entities strikes to collect Regulatory a Flexibility Act of 1980 (RFAh has on that reexamination, the NRC continues to established separate annual fees for those believe that establishment of a ma.dmum fee 100 percent of the NRC budget and the requirement to consider means of reducing materials licensees who meet the NRCs sue for small entities is the most apperpriate option to reduce the impact on small entities. the impact of the fee on small entities. On the standards for sma basis of its regulatory flexibility analyses, the standards, developed in consultation w tth The NRC established, and la proposing to the Small Business Administration, were continue for FY 1997, a maximum annual fee NRC concludes that a maximum annual fee revised by the NRC effective May 11.1995-of 5t,800 for small entities and a lower tier for small entities.The RFA and its small entity annual fee of $400 fo. ; mall The small antity size standards are found in implementmg guidance do not provide businesses and not.for profit organizations to CFR 2.810 c,! the NRC's regulations. To specific guidelmue on what constitutes a with gross annual receipts of less than comply with the RF A, the NRC has significante<xmomic impact on a small established two tiers of small entity fees 5350.000, small g< ernmental jurisdictions entity.Therefore the NRC has no These fees are found in to CFR 171.M(c) of to assist it in dete snining the amount or benchmark the with a population f less than 20.000, small manufacturing aanties that have less than 35 the fee replations. percent of gmes receipts that should be charged to a small entity. For FY 1997, the employees and oducational institutions that NRC Definition of Sinall Entity NRC will rely on the analysis previously are not State or publicly supported and have The NRC has defined small entity in less than 35 employees reduces the impact completed that estabilahed a maximum on small entities. At the same time, these consultation with the Small Business annual fee for a small entity and the amount Administration. The dennition is codified i of conts that must be recovered from other reduced annual fees are consistent with the NRC's regulations at to CFR 2.810. Ut. der t NRC licensees as a result of establishing the objectives of OBRA-90. Thus, the pmposed NRC regulation, small entities are. maximum annual fees. fees for small entities msintain a balance
- .. _- . - - - _- .- - . -_ - . - . ~- - -
u .s u u .w.., .m. ,
- - ,- - . .. . - . _ ~ .
1 SmcIl businen--a for profit < on(ern thet Approsimately 400 twenns pe the small LJGNSEES WILL NOT DE ISSUED A NLW promdes a wrw e or e concern not engaged entity fee of $1,nc0 while sen h< enwes pay (WOICE FOR TifE RLDUCED AMOlNI in maaufatturir.g with as erage gross re< eipts the lower. tier small entie ', e nf 5 400 The comp!ctest form. the pasment of the t of $5 million or len mer its last 3 iumpleted yg. y appropriate smal1 entity fee. and the
" payment Copc, of the invon e should be Gw al years.
i hie a separate NRC t irm 53 for cat ri mailed to the 11 S Nuclear Regulatory 2 Manufat turing industry-a l manufacturmg contern with an awrage nu.nual fee mwn e tc< eis ed. Comtmssion. Luense fee and Accounts nurnber of 500 or fewer emplo)ecs bawd 2. Complete all items on NRC Form 526 as Receivable firunch, P.O Dos 954514, St upon emploment during est h pay perind for follows 1 ouis, MO 61195-4 514. a The hcense number ar.d ins nur numt" 5 Questions regarding fee bitis mav tw the praeding i2 < atendar months, 1 Small organsaation-a not for pront must be entered esactiv n they appear on the pmed orally or in writirig Please call the orgewtion whic h is independently owr.ed annual fee ita ou e in ,,asing fee staff at 101-415-M54 or write ti I he Standard I..Justrial Clusification to the LLS, Nuclear Regulatory Commission. and operated and has annual grm ret eipts ISICICode should be entered if it is known Washinitton, DC 20555, Attention: Office of of 15 milhon or ten 4 Small guvernmental jurisda tion--a o The hcensee s name and address must be the Chief Fir.ancial Officer. goverraruent of a uty, county, town, entered as they a;)pcor on the invoite Name IFR Doc. 97-4704 Filed 2-21697; 8 45 arni township, village, school district or sg=+cial and/or address changes for billing purpose, district with a population of less than 50.000. must be annotated on the invoice Correcting sumo coot nouse
- 5. Small eduutional institution-an the name and/or address on NRC Form 526
- educational institution supported by a or on the invoice does not constitute a quehfying small governmental jurisdiction, request to amend the license Any request to DEPARTMENT OF TRANSPORTATION or nne that is not state or pubhcly supported amend a license are to be submitted to the and has 500 or fewer employen) respective licensing staffs ln the NRC National Highway Traffic Sefety Regional or IIcadquarters Offices. Administration NRC Sma# Entity fees d Check the appropriste size atandard The NRC has estabhshed Iwo tiers of small under which the hcensee quahfies as a small 49 CFR 4rt 571 entity fees fut lkensees that quahfy under the entity. Check one im or.ly. Note the NRC's size standards. Currently, these fees following: [ Docket No. 94-47; Notico 2] are as follows- (t)The size standards apply to the licensee, not the individua au.horized users RIN 2127-AF40 Maximum hited in the license. Federal Motor Vehicle Safety annual (21 Gross annual receipts as used in the fee per le sire standards includes all revenue m Standards; Roof Crush Resistance censed whatever form received or accrued from C8'80 'Y whatever sources, not solely receipts from AGENCY: National liighway Traffic hcensed activities Safety Administration (NiiTSA), Small Business Not En0 aged in (3) A heensee who is e subsidiary of a large Department of Transportation. a ed W p
'" Y " ACTm: Notice of proposed rulemaking For Pro #t Orgerwabone (Gross 3Th h nt ty o n tal
- Annual Recepsy (NPRM).
emI*wered to act on behalf of the entity,
$350.000 to $5 md6 eon ~ 51.800 "" 'I"" ' "d d' 'h' '**II '"'I'Y W reposes to
% > N000 _
sunse4ARYt This document fn Stand revise the test procedures Manufacturing entties that have hhe C sends invoices to its licensees an awage d M envoyees for the full annual fee, even though some No. 216, floof Crush Res stonce, to make
"** them more suitable to testing vehicles entities quahfy for reduced fees as a small M to W er$ yees L800 entity 1.icenseen who qualify as a small with highly sloped roofs or raised roofs.
'D { a entity and file NRC Form 526, which certifies The current test procedure is intended eligibihty for
- mall entity fees may pay the reduced fee, which for a full year is either to test the strength of the roof over the driver. It involves lowenng a large tot
$1.800 or $400, for each fee category shown plate, inclined forward at a five degree
" 8 h f'h' angle, to an initial contact point near the 20,000 to 50,000 ,. 1,800 ',',d'P,'"$"d
,g e IS'sn Less than 20,000 : _
W first six months of the fiscal year and ingth leading edge of the roof. However, when EN Inestuhone mat are licensees who file for termination or for a the procedure is performed on certain not State.or F%hdy Swported, ponession only license and permanently rounded, aerodynamically-shaped roofs an he W E@ w cease licensed activities during the first six that may themselves slope at more than m c'hs of the fiscal year pay only 50 percent five degrees, small diffe~nces in test 2NW g 1'800 of the annual fee for that year, Such an plate angh result in considerable 4""""~" " g invoice states the " Amount Billed Represents variability in the location of the initial 50% Proration." This means the amount due c ntad point,dua reducing tha To pay a mduced annual fee, a licensee from a s.nall entity is not the prorated must use NRC Form 526, enclosed with the FePeata% of de test resuhs, fee bill, to certify that it meets NRC's sire amount shown on the invoice tmt rather one. Similarly, for vehicles with raised, half of the maximum annual fee shown on irregularly shaped roofs (such as some standards for a small entity, About 1.400 NRO Form 526 for the size standard under licensees certify each year that they qualify which the licensee qualifies twoulting in a fee converted vans), the initial contact point es a small entity under the NRC slae of (either $900 or $200) for each fee category may not be above the driver,but on the standards and pay a redaced annual fee, billed insteed of the full annual fee of $1,s00 raised rest portion of the roof,behind or $400- the driver. 8 An educational instits son reintred to in the size 4. A new small entit) 'orm is required to This Propqsal addresses these standards is en entity wtwas primary function is be filed with the NRC enh fiscal year in Problems y specifying e use o a education, whose prosrams are accadu.d by a smaller teet plate for use on vehicles on nationally recosniand ucreditins esency or annociauan, who la legally authertend to provide a order to ",abfy for reduced fees for thatfiscalgyear Because g g a licen size standards, may change from year to year, program of orgnaland instruction or study, who provides an educattomat prosram for which it the invoice reflects the full fee and a new Pl ate wou reou t in an i tis contac awards academic desroes, and whose educational form must be comple'.ed and returned for the point behind the driver. The rearward proerums ar* evallebne to the pubuc. fee to be reduced to the small entity fee, edge of the smaller test plate will be _ , a- -
()O *'~) 1 TECHNICAL POSITION ON FINANCIAL ASSURANCES FOR RECLAMATION, DECOMMISSIONING, AND LONG-TERM SURVEILLANCE AND CONTROL OF URANIUM RECOVERY FACILITIES I 1 l Division of Low-Level Waste Management and Decomunissioning U.S. Nuclear Regulatory Commission October 1988 4 e AM Enclosure 6
l^% ABSTRACT This Technical Position provides guidance, to uranium recovery facility licensees and license-applicants, for establishing and maintaining financial-assurance for.the decommissioning, reclamation, and long-term surveillance and control of such sites. The U.S. Nuclear Regulatory Commission (NRC) staff views this document-as a regulatory tool, for applicants, licensees, and NRC staff, for implementing Title 10, Code of Federal Regulations (10 CFR) Part 40, Criteria 9 and 10 of Appendix A, entitled " Criteria Relating to the Operation of Uranium Mills and the Disposition of Tailings or Wastes Produced by the Extraction or Concentration of Source Material from Ores Processed Primarily for Their Source Material Content." ~ 8 1
.- TABLE OF CONTENTS Page ABSTRACT. . . . . . . . . . . . . . . . . . . . . . . . . . . . i ACKNOWLEDGMENTS . . . . . . . . . . . . . . . . . . . . . . . . iv
1.0 INTRODUCTION
. . . . . . . . . . . . . . . . . . . . . . . . . . 1 1.1 Organization of This Document. . . . . . . . . . . . . . . 1 1.2 Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . I 1.3 Regulatory Basis for Technical Position. . . . . . . . . . 2 2.0 GENERIC FINANCIAL RESPONSIBILITY GUIDELIhES . . . . . . . . . . 4 2.1 Submission and Form Guidelines . . . . . . . . . . . . . . 4 2.2 Legal, Beneficiary, and Signature Guidelines . . . . . . . 5 2.3 Cost and Coverage Guidelines . . . . . . . . . . . . . . . 6 2.4 Terms, Cancellation, and Collection Guidelines . . . . . . 7 2.5 Adjustmen+?, Changes, and Release Guidelines . . . . . . . 8 3.0 FINANCIAL ASSURANCE OPTIONS . . . . .'. . . . . . . . . . . . 9 3.1 Surety Bonds , . . . . . . . . . . . . . . . . . . . . . . 9 3.2 Irrevocable Standby Letters of Credit. . . . . . . . . . . 10 3.3 Parent Company Guarantens. . . . . . . . . . . . . . . . . 12 3.4 Assets Held by a Third Party, Such as a State Fund . . . . 16 3 3.5 Trusts . . . . . . . . . . . . . . . . . . . . . . . . . . 16 3.6 Other Considerations Such as Standby Trusts . . . . . . . 19 3.7 Other Finaacial Assurances . . . . . . . . . . . . . . . . 20 4.0 DETERMINING SITE-SPECIFIC RECLAMATION AND DECOMMISSIONING COST ESTIMATES. . . . . . . . . . . . . . . . . . . . . . . . . 20 4.1 D3 tailed Cost Information Breakdown for Mills and In-Situ Facilities . . . . . . . . . . . . . . . . . . . . 20 4.1.1 Facility Decopuissioning . . . . . . . . . . . . 20 4.1.2. Ground-Water Restoration and Well Plutiging . . . 22 4.1.3 Interim Stabilization of Tailings dur'ng ; the Drying-Out Phase - . . . . . . . . . . . . . 23 4.1.4 Tailings Impoundment Area Reclamation. . . . . . 23 4.1.5 Radiological Survey and Environmental Monitoring. . . . . . . . . . . . . . . . . . . 24 4.1.6 Project Management and Miscellaneous Costs . . . 25 4.1.7 Labor and Equipme1t Overhead, Contractor Profit. 25 4.1.8 Long-Ters Surveillance and Control Fund (for Mills Only) Criterion 10 Specifies a Minimum of
$250,000 in 1978 Dollars ($407,960 in December '
1986 Dollars). . . . . . . . . . . . . . . . . 25 4.1.9 Contingeng . . . . . . . . . . . . . . . . . . . 26 4.1.10 Adjustments to Surety Amounts . . . . . . . . . . 26 44
CONTENTS (CONT.)
-Appendices Page Al Recommended Wording for a Performance Bond. . . . . . . . . . . A-1 A2 Recommended Wording for a' Financial uwerantee Bond. . . . . . . A-5 8 Reconnended Wording for an Irrevocable Standby Letter of Credit. B-1 C Recommended Wording for a Parent Company Guarantees. . . . . . . C-1
'D Recommended Wording for a Trust Fund Agreement . . . . . . . . . D-1 E Recommended Wording for a Standby Trust. . . .*. . . . . . ... . E-1 4
9 O d 0 e 4 s e 111 ~ l I
ACKNOWLEDGMENTS The overall responsibility for the development of this Technical Position was assigned to Louis Bykoski and Mary Jo Seeman, Regulatory Branch, Division of Low-Level Waste Management and Decommissioning. However, many individuals throughout the NRC contributed their expertise during its preparation. Among those individuals who made major contributions either as authors, policy reviewers, legal experts, peer reviewers, or editors for this document were: Dennis Sollenberger, Division Low-Level Waste Management and Decommissioning Howard Rose Uranium Recovery Field Office Harry Pettengill, Uranium Recovery Field Office Darrel A. Nash, Program Management, Policy Development and Analysis, Nuclear Reactor Regulation
- Robert Wood, Program Management, Policy Development and Analysis, Nuclear Reactor Regulation John Kendig, Office of Governmental and Public Affairs Linda Gilbert, Office of General Counsel Robert Fonner, Office of General Counsel Linda Embrey, Livision Low-Level Waste Management and Decommissioning 9
4 9 { iv
i
1.0 INTRODUCTION
1.1 - Organization of This Docurrent This Technictl Position is organized to allow applicants / licensees easy access to their respective information needs, depending on the type of financial assurance to be used. Chapter 1.0 is an introduction defining the purpose and < egulatory t, asis of this Technical Position. Chapter 2.0 provides generic financial assurance guidelines applicable to any financial mechanism being proposed. Items discussed include timing of submissions / format, legal / signature authority, amount of coverage, maintenance i of costs, cancellation, and tormination. Chapter 3.0 presents various financial assurance mechanisms which the U.S. Nuclear Pegulatory Conmission (NRC) views as acceptable. Each mechanism is presented as a section delineating terms, conditions, or guidance which are , ins trus.ent-s peci fic. Each section contains a definition, identifies roles of parties, and estab W specific guidelines for each instrument. Chapter 4.0 reconsk.nm. cthods for cost estimating with regard to rec.amation and decommissioning. The Appendices are reconsnended wording / language for the instruments discussed in Chapter 3.0. This reconsnended wording / language incorporates the generic and instrument-specific guidance provided in Chapters 2.0 and 3.0. Even though this document provides general guidance, it does not lessen the responsibility of the applicant / licensee to ensure that the terms and conditions of the financial instrument are clearly stated and support the regulatory requirements of 10 CFR Part 40, Appendix A. 1.2 Purpose This Technical Position provides guidance, to uranium recovery facility
- licensees and license applicants, for establishing and maintaining financial assurance for the decomunissioning, reclamation, and long-ters surveillance and
, control of such sites. NRC views this document as a regulatory tool, for applicants, licensees, and NRC staff, for implementing 10 CFR Part 40, Criteria 9 and 10 of Appendix A, entitled " Criteria Relating to the Operation of Uranium ; Mills and- the Disposition of Tailings or Wastes Produced by the Extraction or l Concentration of Source Material from Ores Processed Primarily for Their Source
- Material Content."
This Technical Position has three primary purposes: )
- identifying suggested financial assu ance methods and instruments (as discussed in Criteria 9 and 10) for the: decommissioning of the mill and site; reclamation of any tailings or waste disposal areas; and long-term surveillance and control of the site;
- promoting standardized language for the financial assurance instruments so that administrative burden and cost may be reduced; and, l 1
i
\ -. ..
- l. .
' establishing a uniform method of determining cost estimates for ,
-decomissioning and. reclamation to ser'.3 as the basis for obtaining financial assurance, so that licensees if are unable to pay, or default, sufficient funds will be available to complete site reclamation.
This Technical Position will help licensees understand and fulfill the financial assurance and other regulatory requirements applicable to their l
- peratio3 This guidance will also benefit licensees by enabling them to
- provide more detail, to the financial community, on various acceptable NRC ,
- financial instruments.
This Technical Position presents acceptable methods for demonstrat? 9 l compliance with the regulations. Other methods, solutions, and financial assurances May be proposed and submitted to NRC. l This Technical Position closely follows the intent ahd scope of the U.S. Environmental Protection Agency's (EPA's) document entitled, " Financial l Assurance for Closure and Post-Closure Care: Requirements for Owners and Operators of Hazardous Waste Treatment, Storage and Disposal Facilities. A Guidance Manual" (May 1982, PB82-237595). Additionally, portions of the NRC l_ Technical Position .ncitled " Funding Arrangements for Closure, Postclosure, and i Long-) 1982 . Term Care of a Low-level Waste Disposal Facility," were i 1.3 Regulatory Basis for Technical Position . Criterion 9 of Appendix A of 10 CFR Part 40 contains financial criteria for uranium mill operators. It states that each mill operator (this includes in l situ operhtions) must establish financial surety arrangements before beginning operations, to assure that sufHelent funds will be available to carry out 4 decossiissioning of the mill and site, and reclamation of any tailings or waste 4 disposal areas.
' The amount of funds to be assured by such arrangements era to be based on Cosmission-approved cost estimates in a Cosmission-approved plan for: (1) 4
! decommissioning of the mill buildings'and.the milling site to levels which - allow unrestricted use of these areas upon decommissioning; and (2) the reclaration of tailings and/or waste disposal areas in accordance with technical criteria as delineated in Section I of Appendix A. The licensee i l' shall submit this plan-in conjunction with an environmental report that addresses the expected environmental impacts of the milling operation, l decommissioning, and tailings reclamation, and evaluates alternatives for mitigating these impacts. The surety should also cover the payment of the charge for-long-tem surveillance and control required by Criterion 10 of Appendix A. 4 i In estab.ishing specific financial arvingements, the licenses's cost. estimates shall take into account total costs that would be incurred if an independent . contractor were hired to perform the decommissioning and reclamation work.
. To_ avoid unnecessary dup lication and expense, the Commission may accept t
i financial suretics that-have been consolidated with finaccial or surety 1-arrangements established to meet requirements of other Federal or State agencies and/or local' governing. bodies for such decommissioning, reclamation, and long-term site surveillance and control. t
' 2
. - ~ , - . ~ . - - - - , - - . , . -
However, such" arrangemerm ,Nuld t.e re.a'eo a nuate to satisfy these requirements; dnd tric por tici. v. 't w r s a t. :b avers the decomissioning and reclamation of thy m ll,.mili ' 3 i 14 r y, s i t e W. associated areas, and the long-term fundir; ;t u u w i e s t . . :enm m an will review the licensee's surety mechanisni annLa;1y ': e 4.re *. at ;ci.: H.t funds are available for completion of the reclaut rin p 'ar. 4e wwr p financial responsibility should be adjustec to moqu ae my ,reses vr 1ecreases resulting from irflation, changes in enV n.er'en ; .ns, n:,, M es performed, and any other conditions affectin; ."sts. Jeger6.m # Att:tr reclamation is phased through the life of the :9ermon ut texes place at the end of operations, an appropriate portion of snrety liau hty Wall be retained until final compliance with the reclamation plan is determined. This will yield a surety that is sufficient at all times to cover all the costs of decomissioning and reclamatic" l of the areas that are expected to be disturbed before the next license renewal. l Criterion 9 states that the surety must also cover the payment of the charge for long-term surveillance and control required by Criterion 10. Criterion 10 stipulates that a minimum charge of $250,000 (1978 dellars) to cover the costs of long-term surveillance must be paid by each mill operator to the general treasury of the United States or to an appropriate State agency before the termination of a uranium or thorium mill license. Criterion 10 has other conditions regarding the total charge to cover the costs of long-term surveillance and control. . The term of the financial assurance should be open-ended, unless it can be demonstrated that another arrangement would provide an equivalent level of assurance. This assurance could be provided with a financial instrument which is written for a specified period of time (e.g., 5 years), yet which must be automatically renewed unloss the financial assurance provider notifies the beneficiary (the Comission orrState regulatory agency) and the principal (the licensee) of its intention not to renew, some reasonable time (90 days) before the renewal date. In such a situation, the financial assurance mechanism would remain in effect until the licensee obtained an acceptable replacement surety, this must be accomplished within 30 days af ter notification of- pending termination. If the licensee were unable to obtain a new mechanism, the regulatory agency would have 60 days to collect under the existing mechanism. i Proof of forfeiture must not be necessary, to collect the surety, so that if the licensee can not provide an acceptable replacement surety within the required time, the surety shall be automatically collected before its expiration. The conditions described above shall be clearly stated on any financial assurance instrument which is not open-ended, and should be agreed to by all parties. Uranium rill financial-responsibility arrangements, that are generally acceptable to the Cosuiission steff as spec.fied in Criterion:9 include: (d) deposits (a) Surety bonds; (b) cash de of government securities; (e) posits; (c) certificates of deposit; irr combinstions of the above, or such other types of arrangements as the Commission may approve. 3
I Self-insuranc*e or any arrangement which essentially constitutes
- self-insurance will not satisfy the financial assurance requirements, since ;
this provides no additional protection other than that which already exists ! through_ license requirements. 2.0 GEtlERIC FINANCIAL RESPONSIBILITY GUIDELINES i Chapter 2.0 provides generic guidance applicable to all financial assurance
- instruments being proposed by uranium recovery facility licensees and license applicants. The guidance in this chapter is not meant to be exhaustive; however, the NRC finds these conditions acceptable for a financial instrument and anticipates that they would be used to evaluate financial assurances F applicants / licensees propose. Neeting these generic guidelines should 4
facilitate the review of applicants'/ licensees' submissions under 10 CFR Part 40 Appendix A, Criteria 9 and 10. - If an appifcant/ licensee proposes alternate financial assurance mechanisms or language other than that recommended in Appendices A-E of this document, the applicant / licensee should allow for additional time required for the NRC review. When an applicant /li:ensee submits a new financial assurance instrument or a . ' revision including the annual update to the,NRC, such submissions will be L deemed to constitute a request for license amendment ar.d should thus be
- accompanied by the appropriate NRC amendment fee.
l 2.1 Submission and Form Guidelines s l An applicant should submit the financial instrument to the State or the NRC before beginning operations at the uranium recovery facility (fes). The NRC 1 staff recommends tlat the financial instrument be submitted 120 days prior to , planned start of processing. l The financial instrument should be submitted directly to the U.S. Nuclear Regulatory Coss.ission, Director, Uranium Recovery Field Office, P.O. Box 25325, l Denver, CO 80225 The financial instruments should clearly state the regulatory authority for their establishment. Each instrument should contain a statement as follows:
- This financial-instrument is being established to carry out the surety requirements of Title 10 Chapter I of the Code of Federal Regulations (10 CFR) Part 40, Appendix A. These regulations were established to .
isiplement applicable provisions of the Atomic Energy Act of 1954, as amended. Title II of the Energy Reorganization Act of 1974, and Title II
-of the Uranium Mill _Tallings Radiation' Control Act of 1978.
l The financial instrument should clearly state that it is issued pursuant to the obligations of the Cosmission-approved plan for the decommissioning of the mill and mill site and for the reclamation of any tailings or waste-disposal areas-4
(hereaf ter rdf er'ed *r ss the "he', wt ,or' ind Decomissioning Plan"). , The financial instrument art mt es?imate detail should be organized to a110w the NRC to review tt;e adequacy of it :.werage at least annually accounting for variations in the apprNed ieclaNticr and decommissioning plans, in inflation, and in the operati0rs Of tne f acility('e$ /. The financial it.a trume':t 's fo"' nce':' a. icw the NRC licensing staff to determine that it M properly signed e d notarized, that it covers estimated costs fur de f ac ' a tyf eet
- and is effective for the proper period.
Each instrument shoolo -: use h tacitify the NRC license number, tne type of instrument being useo, W grwnt covered by each instrument, the effective date of each instr m r.t, and the period of coverage. All financial instruments, the original and any additions or replacements, should describe and pertain to the licensed facility (fes) covered under the existing ifcense. 2.2 Legal, Deneficiary and Signature Guidelines Qualifications and authority of the issuer 'to issue and execute the financial instrument should appear in the instrument. Certification of legal authority should be provided to NRC. For sureties, the issuer should certify listing in Circular 570 of the U.S. Depa,rtment of Treasury, and that the surety is licensed in the State where the instrument is issued. For letters of credit, the bank providing the letter of credit should
. certify that it is regulated and examined in the State where the facility is located.
The instrument should specify that the financial issuer's liability is joint and several. The firm name and legal status (: o <:orporation, partnership, or sole proprietorship of the of a parent guarantee) principal
) should appear(iiaon nsee) (and of instrument.
the financial the parent, in the case The instrument's named beneficiary shnuld specify the NRC or other governmental agency acceptable to the NRC, such as a State regulatory agency. If the instrument's beneficiary is a State regulatory agency, the licensee should submit to the NRC written verification of the State's agreement to use assured funds to carry out the activities required by the NRC-approved Reclamation and Decosuiissioning Plan for the facility covered by the instrument. All signatories should be legally bound by the instrument. The applicant / licensee should ensure that parties signing the various documents are legally authorized to act as representatives for the firm in these transactions. 5
- - Corporations -- Two corporate of ficers, preferably the president and , vice president, should sign the .t.strument and should indicate theIF legal capacity.
The legal authority of the corporate signatories should be described and substantiated by an attached copy of a resolution of the shareholders or board of directors or other certified evidence.
, The corporate seal must be affixed.
Partnership -- At least one partner should sign the financial instrument.
- Limited Partnership -- The general partner or a party authorizn to sign for the general partner must sign. .(The limited partners are prohibited from participating in the management and control of the partnership (1976), whichbyhas thebeen Uniform Limited adopted Partnership)Act, by most states. Revised i 303
- Jointly Owned -- (not a partnership) All owners should sign the financias instrument.
- Power of Attorney -- If applicable, the attorney-in-fact acting on behalf of the issuer should sign the financial instrument.
If an attorney-in-fact signs the finaricial instrument, a copy of a l properly executed power of attorney in favor of the attorney-in-fact l should be attached.
- Resident Agent -if applicable, the instrument should include the signature of the qualified resident agent of the financial organization issuing the instrument, who should be certified to do l
l bu:iness in the State where the facility (ies) is located. l Certification should be documented and provided to NRC. Each party should sign his or her own nare. 2.3 fost__and Coverage Guidelines The financial instrument should be adjustable so that the covered amount is sufficient at all times to cover any cost changes due to inflation or modifications in the work plans for the decommissioning, reclamation, and long-term surveillance and control of the uranium recovery facility (ies). The amount of the financial instrument, whether provided by a single instrument l or a combination of instruments, shou!d be equal to or be greater than the current cost est. mates found in the currently approved Reclamation and Deccanissioning Plan (including tailings reclamation, decossissioning, ground-water restoration, and long-term surveillance and control). Additionally, the amount of the financial instrument should reflect total costs incurred if an independent c.ontractor were hired to perform the required activities. l l The amount of coverage may be larger than the actual cost estimate because of projected inflation costs. 6
The financial instrwent shou'id provirn a.ierage throughout the term of the license. , Multiple financial instru es t ist acco . ale, with the exception of parent. l i company guarantees, N eh shnuio 1st be used in combination with other j financial methods. It mi.itipit naivic1 instrisments are used for a single facility, the combined ;cver$cge sboi w be equal to or greater than the cost l l c:timates for the / cilit) :dentif ied iri '.he current version of the NRC-3 approved Reclamatter ind DecnmWinnir.; Plan, , i A single financial instrunewt mdj he utt'J by a principal (licensee) for multiple licensed facilities In addttrion to other stated guidance, this single instrument should identify, f or each facility, the amount of coverage, the type of f acility, the NRt liteo.4 number, and location of the activities. 2.4 Terms, Cancellation. and_CoMection Guidelines , The instrument should state the terms and conditions under which the licensee may cancel the instrument and should require that the licensee notify the NRC, the appropriate State or Federal agency and receive approval before cancellation. The term of the financial instrument should'be open-ended or, if written for a specified term, the instrument should provide that it be renewed i automatically unless, 90 days or more days before the renewal or expi- J ration date, the issuer notifies the Comission; the beneficiary, and the licensee of its intention not to renew. An issuer of a financial instrument should notify the licensee and the NRC j (also the State, if applicable), by certified mail of its intent to cancel the financial instrument. Notification to all parties at least 90 days before intended termination must be received by all parties. The financial instrument cannot be cancelled during the 90-day notifi-cation period. The 90-day notification seriod begins with the receipt date of the notice by the licensee and tie NRC (and the State, if applicable), as evidenced by the return receipts. The licensee is responsible for obtaining another financial instrument within 30 days of receipt of intent to cancel, if the financial institution or corporate guarantor gives notice that it intends to cancel. The instrument should provide that the beneficiary may unilaterally collect the assured amount before the date of expiration, without proof of default or forfeiture, so that if the licensee fails to provide an alternative surety acceptable to the NRC within 30 days of receipt of the notification of cancellation, the funds are automatically collected before expiration. 7
~
l l
!f the owner or operating entity for an uranium recovery facility (ies) is transferred, the NRC will not allow the existing financial instrument to be 4 terminated until the new licensee has obtained an instrument acceptable to NRC for the. licensed uranium recovery facility (ies).
A licensee should imedi ;ely obtain replacement financial assurance
. coverage in the event of ban truptcy of the organization acting as trustee, l :r the issuer of the financial-instrument.
Each licensee should com - 40, 540.41 Paragraph (f)which ply with the terms became andFebruary effective conditions of 10 CFR Part 8,1987(52 Federal Register dated January 12,1987) regarding bankruptcy notification. 540.41(fTstates that each licensee shall notify the 1ppropriate NRC
- Regional Administrator, in writing, innediately following the filing of a voluntary or involur.tary petition for bankruptcy.
If the financial instrument is a letter of credit or bond, it should be
- accompanied by a standby trust to automatically receive assets in the event of licensee bankruptcy or default.
i
- 2.5 Adjustments, Changes, and Release Guidelines
- Annual updates of cost estimates and coverage of financial instruments are l nece:sary even if cost estimates are sufficient to cover another year's inflation and no other changes have taken place..
Financial instruments should be adjusted, for inflation either by recalculating the cost estimate in current dollars or by using the inflation factor derived from the Consumer Price Index published by the U.S. Department of Labor, Bureau of Labor Statistics. The adjustment should be made 90 days prior to the 1 anniversary of the effective date of the surety instrument or as specified in the ifcense. If the current cost estimates exceed the coverage of the existing financial assurance mechanisms, additional coverage should be obtained and evidence of it submitted to NRC within 60 days after the cost estimate increase. l If, during the operating life of the uranium recovery facility, the cost estimate for decommissiening and reclamation decreases due to a change in operating plans or other factors, the licensee may apply to NRC j for approval of the decreased coverage. Licensees may change the type of financial instrument in use with prior written approval from NRC. To obtain approval, the new assurance thould comply with NRC's regulations for eligibility found in 10 CFR Part 40, Appendix A, Criteria 9 and 10. The new assurance, if approved, should become effective before or at the time the existing assurance expires. If a letter of credit or a surety bond will be the mechanism used, the licensee should also establish a standby l trust fund. Suggested wording for,a standby trust, when using letters of , credit or surety bonds, are discussed in Chapter 3.0. The instrument should be established so that the uranium recovery licensee will have its financial assurance released by the NRC after the NRC has concurred that decommiissioning and reclamation of the uraniva recovery t 8
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4 facility (ies7 have been accomplished in espliance alth the current approved - Peclamation and Decommissioning Plan and the license has been terminated. , Additionally, the licensee should show that the long-term surveillance and - control funds have been transferred to the appropriate parties, as identified in Criterion 10, Appendix A of 10 CFR Part 40, at license termination. The NRC will send written notification to the licensee allowing termination of the j financial assurance mechanisms and a return of. any funds held (except for the long-term surveillance and control funds). , 3.0 FINANCIAL ASSURANCE OPTIONS l This chapter provides specific guidance to licensees on the types of financial assurances that the NRC has fcund to be acceptable. The discussion contained ' here differs from Chapter 2.0 in that it more explicitly defines the-requirements and terms of each individual mechanisrf. 3.1 Surety Bonds A surety bond is a contract that a licensee (sonntimes called the PRI" ! PAL) can enter into with a qualified surety company (sometimes called the SURETY) - which guarantees that responsibilities spelled out in the bond will be undertaken. Two standard types of surety instruments are allowed, financial Recommended wording for each guarantee bonds and performance bonds. instrument is found in Appendix A of this document, and it is recommended that both instruments submitted to the NRC be accompanied by a standby trust fund. ' Standby trust funds are discussed in more detaf f in Section 3.6. - Both types of surei:.ies are intended to ensure that adequate funds will be made ' available by the surety, if the licensee fails to perform activities specified in its NRC-approved Reclamation and Decommissioning Plan or f,sfis to provide for the long-tenn surveillance fee. The performance bond provides assurance that if the licensee fails to perform its activities, as is required in the Reclamation and Decosuitssioning Plan, then tre surety company will either pay the amount covered by the bond into a standby trust, or perform the responsibilities. The financial guarantee bond l stipulates that the surety will fund the standby trust fund in the amount guaranteed by the bond, if the licensee fails to perfonn the activities specified in its NRC-approved Reclamation and Decommissioning Plan. An acceptable bond for the purposes of this Technical Position should meet the following considerations, in addition to the general guidelines stated in Chapter 2.0.
- It is recommended that licensees wishing to use a surety bond should also establish a standby trust fund at tLe same time. Both the bond and standby trust agreement should be submitted as evidence of financial assurance.
- The surety bond should contain terms so that any funds drawn under this instrument should be placed directly into the standby trust fund by the institution making the payment. (In this regard, the Commission is I
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1
h followin~g the approach of EPA, who impsed this requirement af ter it found that without such a mechanism, any funds drawn under a surety bond which would be payable to the EPA would have to be paid into the U.S. Treasury and could not be used specifically to pay for closure and post-closure care of a hazaroous waste f acility(ies) (31 U.S.C. 63302(b))). 1 Licensees wishing to use a surety bond should first enter into a contract with a qualified surety. The NP.C starf considers qualified sureties to be those listed in the most currently issued-version of the U.S. Department of Treasury's Circular 570, which is " Surety Companies Acceptable on Federal Bonds." i circular 570 is published approximately July 1 of each year, with 4 periodic updates appearing in the Federal Register. Circular 570 specifies the amount of liability the surety c'an maintain at any point in time without reinsurance. Also, Circular 570 lists those States in which each qualified surety is ifcensed to enter into a surety bond.- A surety bond used to meet the NRC financial assurance requirements should be signed in one of those Statas. The surety bond should certify that the surety company 's listed in Circular 570 and has not exceeded its specified level of fiability exposure. l The wording for surety bonds should fo'llow the sample in Appendix A of
- this Technical Position. The penal sum of a surety bond must be in an i
amount equal to or greater than the cost estimates in the current Reclama-tion and Decommissioning Plan, along'with the ccst estimates for long-term i surveillance and control which should be cdjusted to current dollars. The licensee wishing to use this instrument should verify that the amount and the terms and conditions are satisfactory to the NRC during the licensing review, i 3.2 Irrevocable Standby Letters of Credit A letter of credit is another financial assurance mechanism satisfactory to the , NRC. The recosuanded language shown in Appendix B is for an irrevocable standby documentary type letter of credit. This type of letter of credit enables the NRC to provide written documentation to the issuing institution i stipul ting-the deposit of funds in a standby trust, when the licensee fails to perform reclamation and stabilization activities. A letter of credit is a binding arrangement by which the credit of one party, the ISSUER. such as a bank, is extended on behalf of a second party, called the ACCOUNT PARTY, to a third party the BENEFICIARY. The licensee would be the ACCOUNT PARTY, and the NRC (or suitable State agency) would be the BENEFICIARY. The ters: for letters of credits evolved from the Uniform Cosmarcial Code and the Uniform Customs and Practice of Documentary Credits, published by the International Chas6er of Cosmarce. The first party, the ISSUER, allows the BENEFICIARY to draw funds upon the presentation of documents in ac:ordance with the terms of the letter of credit. The letter of credit mechanism allowed for NRC licensees for financial assurance is different in major ways from standard cosmarcial versions: 4 10
4 The NRC
- version can only be cancelled eith 90 days advance notice by certified mail to all parties before the current expiration date, and i If the licensee cannot provide an alternative financial assurance mechanism within 30 days of notification of cancellation, the NRC will
[ cause the letter of credit to be drawn upon for the necessary amount of reclamation, decommissioning, and any long-term surveillance cost, and The NRC version should be extended automatically for at least one year if it is not cancelled. The issuer offers this assurance in exchange for a fee paid by the licensee. The licensee also agrees to repay, with interest, any funds drawn through the letter of credit. NRC highly recomends that the wording of the letter of 4 credit closely follow the sample language shown in Appendix B, although the terms of the credit arrangement between the licensee'and the issuer may depend on individual circumstances and negotiations. Licensees should also establish a standby trust fund at the same time, if they wish to use a letter of credit, and if they do not wish'to have the State as the named beneficiary. Under the terms of the letter of credit, any funds drawn under this instrument are to be placed directly into the standby trust fund by the institution making the payment.' In this regard, the Commission is following the lead of EPA, who imposed this requirement after it found that without such a mechanism, any funds drawn under a surety bond which would be payable to the EPA would have to be paid into the U.S. Treasury and could not be used specificall waste facility (ies)y to(31pay . for closure U.S.C. 63302(b)) and post-closure care of a hazardous In addition to the criteria specified in Chapter 2.0, the following terms and conditions should be met by a licensee wishing to use a letter of credit. 1 The issuing institution for the letter of credit should be an entity that
- has the authority to issue a letter of credit, and whose letter of credit operations are regulated and examined by a Federal or State agency. (All domestic cosmercial banks and some mutual savings banks, domestic branches of foreign banks, credit unions, and savings and loan associations satisfy
- this requirement and should so certify.)
- Letters of credit should conspicuously state that they are irrevocable letters of credit and that the bank's undertaking should be limited to the amount of the instrument.
- The bank's obligation to pay should arise only upon the presentation of a draft or other document (s) as specified in the letter of credit, and the bank should not be called upon to determine questions of fact or law at issue between ;
the iccount party and the beneficiary.
- Letters of credit should be of.fective and irrevocable the entire time they are in effect, during the coverage period specified in the license. If the letter of credit ends af ter a one-year period, it should be auto-matically renewed, unless the issuer notifies the NRC and the account party that it is cancelling 90 days before cancellation.
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- The letter of credit should contain a definite time period over which it l
1s effective.
- The letter of credit should include the letter of credit number, name of the
- insurer, date, license number, acme and address of mill, and the amount of funds assured for decommissioning, reclamation and long-term surveillance and control of the site.
- The NRC or the State is the only party authorized to draw upon the letter of credit. If the licensee fulfills its obligations, the NRC will not draw upon the letter of credit.
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- The letter of credit can be terminated'by the licensee when: (1) alternate financial assurance has been established by the licensee and approved by the NRC; or (2) when the license has been terminated by the NRC. The only permissible evidence of termination of the license is a written termination notice by the NRC.
1 3.3 Parent Company Guarantees The NRC financial assurance requirements for uranium recovery facilities may be < satisfied by the use of a parent company guarantee: here, the licensee's
- parent company passes one of the two specified financial tests as detailed in Appendix C and agrees to guarantee the performance of or payment for decnnnissioning, reclamation, and long-term surveillance and control of the
- uranium recovery facility (fes).
! A parent company guarantee acceptable to NRC should state that the parent company has adequate resources to cover the cost of decossissioning, reclama-tion, and long-term surveillance and control of the uranium recovery facility (fes). The tests used to determine that adequate resources are available are patterned J after those developed by the EPA for sites permitted under the Resource
- Conservation and Recovery Act (RCRA).
However, because the domestic uranium industry currently is not economically viable, because the risk of default consequently is higher, and because of added requirements for ground-water remediation, the NRC is reevaluating the l continued use of parent company guarantees as an allowable financial assurance mechanism by Part 40 licensees. Until such time as the NRC completes its reevaluation, it has enhanced the assurance provided by the parent company guarantee in two ways. First, all licensee subsidiaries whose performance / costs are being guaranteed by parent companies should show a positive tangible net worth. Second, the parent company providing the guarantee should snow a tangible not worth of at least $20 million, rather than the $10 million previously required. The parent company, tangib 4 not worth should be independent f the assets and iiabilities of the subsidiary for which the guarantee is being issued. Use of this instrument requires the NRC to completely re-evaluate every parent company at least annually, even if there has been no change in decommissioning, reclamation, and long-tem surveillance and control cost estimates for the 2 uranium recovery facility (ies). .
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t An acceptable parent company guarartee fot Pe purposes of this Technical Position should have the f r' hwing chara: 41istics: ,
' The authorization and :.apaci'4 af the parent company to enter into the guarantee should t,e certified and docun.tntation included in the submission. ' The parent cor.pany parantee r.ncuiu tv signed by the authorized representative of the parent firn,'s Soard vf Dbenors and by the firm's legal counsel, who shall certify that the fien un legally engage in the guarantee.
- If the guarantor !s & corporitin, the authorizing documentation should include a Board tif Phtctorv nsolution or shareholders' vote or similar verification and proof that the corporation can validly execute a guarantee under the laws of the State of its incorporation, and its bylaws and articles of incorporation. .
* 'If the guarantor is a partnership, joint venture, syndicate, or other business entity, each party or an authorized representative for the parties with a beneficial interest, direct or indirect, should sign the agreement.
- The parent company guarantee should specify that all bound parties shall be jointly and severally liable for all litigation costs incurred by the beneficiary in any successful effort to enforce the agreement against the guarantor.
- If a registered agent for service of process is used, its name, address, and telephone number should be listed in the N ent company guarantee.
- To qualify for a parent company guarantee, the parent company should hold at least 51 percent of the voting stock of the licensee's firm.
- The parent company's financial statements should be audited by an independent certified public accountant and the If the accountant's accountant certification gives an provided to NRC as shown in Appendix C. adverseFurthermore, opinion or a disclaime the parent company can not qualify for the financial test.
if the accountant gives a qualified opinion of the financial statements, the NRC may disallow the use of the financial test. The parent company guarantee's financial test requirements m The tests have a number of points in common, but specified in Appendix C. there are two importani; differences. First, Alternative I requires the parent company guarantor to demonstrate financial soundness by passing at l<ust two of three financial ratios, while Alternative 11 requires the parent company guarantor to demonstrateSecond financial soundness with an investment grade bond rating. I requires the parent company guarantor to have a large amount of capital relative to reclamation andcontrolcostestimates,whileAlternativeIIhasnosuchrequirement. Both tests require.the parent company to have a large amount of tangible net worth and U.S. assets relative to reclamation and closure estimates, 13
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- and a mtnimum absolute level of tangible net worth 't20 million). Also, the licensed subsidiary whose performan:e/ cost is being guaranteed should
'. show a positive tangible net worth. 1'
- To use the parent company' guarantee as a means of satisfying a licensee's financial requirements for reclamation, decommissioning and long-term
- surveillance and control, the licensee should submit the following i documents on an annual basis to the NRC.
(a) Chief Financial Officer's Letter Including Cost Estimates and Data from Audited Financial Statements i j The parent company should provide the NRC with a letter signed by its chief financial officer. The wording should be equivalent to the wording in the example provided in Appandix C. . The chief financial officer of the parent company should certify in the letter that the parent company meets the criteria of the fina cial test. The letter should also:
-- specify the facilities to be covered by the test, including NRC license number, name, address, and current deconnissioning, 1 ieclamation, end long-term surveillance and control cost esticates to
! be envered by the test;
-- indicate the date on which the required docuants will, if currently unavailable, be submitted (at the latest, within 90 days of the end of the fiscal year);
> -- certify that the year-end financial statements of the firm will be audited by an independent certified public accountant.
-- attestthatthelicensee(s)forwhichtheguaranteeisbeingmadehas a positive tangible net worth.
(b) Accountant's Opinion Tne licensee should submit to the NRC a copy of the independent certified public accountant's opinion of the parent company's year-end financial statements and footnotes for the latest complete fiscal year. A SEC 10Q form is acceptable. Additionally, the following SEC reports should be if applicable: SEC Forms 8-K and 130. There is no NRC submitted, suggested form or wording for this accountant's opinion. (c) Auditor's Special Report The parent company should submit a special report from an fndependent certified public accountant to the NRC that contains the accountant's confirination that the financini data contained in the letter from the chief financial officer can be derived from the independently audited year-end financial statements and footnotes for the latest complete fiscal
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year. The auditor's special report should also state that no matters came to the attention of the independent certified public accountant rhich caused him to believe that the information in the chief financial 14 1 _ - _ - 1-e ,-. -
officer *s lettwr should be da,u:ted Auwr th C contains a sample auditor's specul repert, , (d) Pa rent _ Comp,any Cuarur: H Da: a:n: A licensee wisFing to use the :m nt :.aWo,- Juarantee should also submit a written guarart?e G reement 1; 'he W, 7tn.,leted by the parent company, using language as spected M #ppe% a t. The written guarantee states that the guarantor meets t.' taceert al !Si requirements of the financial test criteria, initudino the m.Mtu' :d the accountant's opinion, the special report and the ' letter f rw the v.ief financial officer. The written guarantee specifies Wt if tre licensee fails to perform the required decomissionin;, ano r.eDamatwr, activities at the uranium recovery facility (ies), then the parent corpary parantor must do so, or set up a standby tiust fund for the anaunt of De cost estimates for these activities.
- The licensee should submit rev1 sed infonnation annually within 90 days of the close of the parent company's fiscal year. As with the initial submittal, the ravised information should consist of a letter from the chief financial officer, the accountant's opinion, and the auditor's special report from an independent certified public accountant. Except for the accountant's opinion, exainples of these documents can be found in Appendix C.
- NRC staff may determine that a report'of financial conditions, in addition to the required annual reports, is necessary.
- The NRC, based on the parent company's financial reports or any other materials, may, at any time, determine that the parent company no longer meets the financial test criteria. If so, the licensee should provide alternate financial assurance within 30 days after receiving notification of this determination. The existing mechanism should not te terminated until the alternate mechanism is effective.
- The Parent company, in conjunction with the licensee, should comply with 10 CFR Part 40, 540.41, Paragraph (f) regarding bankruptcy notification. Also, if either the company holding the uranium recovery facility license or the parent company is sold or merged, the new parent company should meet all the criteria for the financial test or the licensee should provide an alternate financial assurance.
- A parent company wishing to cancel its guarantee of financial assurance should notify the NRC and the licensee by certified mail of its intent to cancel. Actual cancellation is not allowed for 90 days from the receipt date of the notice of cancellation by both the licensee and the NRC, as evidenced by the return receipts. If the licensee fails to provide an alternate financial mechanism within 30 days of the above notification, the NRC may collect the guaranteed monies.
- The parent guarantor may request NRC approvkl to terminate the parent company guarantee in two situations:
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i (1) when alternate financial assurance has been substituted and approved by the NRC; or, (2) when the license has been terminated by the NRC. Licensees should ensure that the financial test criteria are still satisfied if cost estimates increase or decrease. Two officers of uranium recovery 'acility(ies) and two officers of the parent guarantor who are authorized to bind the respective organizations should sign the agreements. A copy of such authorization for each person signing should be attached to the parent company guarantee. The co porate seal should be affixed. The parent company guarantor should certify and demonstrate that it has full authority under the laws of the State of its incorporation, its articles of incorporation and bylaws to enter into this guarantee; and, that the guarantor has full approval from its Board of Directors to enter into this guarantee. 3.4 Assets Held by a Third Party, Such as a State Fund Licensees may demonstrate financial assurance by depositing assets such as cash, certificates of deposits, or deposits of government securities with a third party, such as a trust fund, or the State Fund, where the uranium recovery facility (fes) is located. If a licensee purchases several $100,000 certificates of deposits from the same institution, it should be structured so that each is eligible for Federal Deposit Insurance Corporation's (FDIC) insurance. It is beyond the *. cope of this Technical Position to attempt to address the variety of possible contractual mechanisms that a 3 tate could sec up. However, if a licensee proposes to have a State hold its assets, the NRC would evaluate each on a case-by-case basis. Additionally, if such a State-administered trust fund had a combined feature, then the NRC will need to carefully evaluate it to ascertain that the trust has funds clearly dedicated to meet the license's requirementsauf surveillance for control fundingofofthe decommissioning, uranium recoveryreclamation,(and facility ies). long-term 3.5 Trusts A trust is a three-party agreement whereby one party, called the GRANTOR (also called the truster) transfers some assets to a second party called the TRUSTEE, to hold on behalf of a third party, called the BENEFICIARY. The entire arrangement is governed by a trust agreemes:t that sets out the responsibilities and rights of each party. Appendix D contains recommending wording for this type of instrtment. For a uranitva recovery facility licensee, the licensee is the GRANTOR, a bank or other entity would bc the TRUSTEE, and the NRC (or hie State where the uranium recovery facility (ies) is located) would be the BENEFICIARY. The 16
licensee, as
- grantor, deposits asstts ir*J the t u t runc wH ch is held in trust by the trustee. The funds art tbtr. n a t lable I necessary to pay r 4 .
decommissioning, reclamation, ano long-tera survei1Wu ed control of ?_ uranium recovery facility (ies). The trustee is empowered to invest ut t unt ? qurtrip the eristence of the trust. Trustee investments may be limitto by $ tate in. Any inge.tment income accrues to tha trust, and reduces the amoun! '% . icenst.tc mist ;bt into it. The i licensee usually pays a T . for the tcut seraIces pr a ded. An acceptable trust for the purposes of this Tet.hrical Position should comply with the following criteria. A trustee should be an entity that has the legal authority to act as trustee and whose trast operations are regulated and examined by a Federal or State agency. The trustee should certify that it has this legal authority.
' The wording of the trust language should be irrevocable; that is, it cannot be changed or terminated by the licensee, except with the written agreement of both the trustee and the beneficiary.
- The trust should contain at all times ' sufficient assets to accomplish diccimissioning, reclamation, and long-term surveillance and control of the site. The licensee remains responsible at all times for the full amount of decommissioning, reclamation, and any long-term surveillance and control of the uranium recovery facility (ies).
- The trust agreement should be signed by both the licensee and the trustee.
It should also identify the uranium recovery f acility and the cost estimates, as well as identifying the liquid assets used to establish the trust fund.
- A trust fund can contain more than interest-bearing cash deposits.
Liquid assets such as governme securities or notes can be placed in trusts. However, if a non-cash item sbch as trust receipts are placed in it, then special consideration should be given ta ensure proper asset evaluation. (A trust receipt is an instrument acknowledging that the licensee holds items of inventory for sale in trust for the trustee.) If other types of assets were allowed, the trustees should agree to pay the governmental authority a stipulated cash amount. NRC will refuse to allow assets of a speculative nature or of uncertain value to be placed in trust. NRC may require a licensee submitting non-cash assets to pay for an independent appraiser to periodically evaluate the value of such assets. If assets other than cash are deposited into the trust fund, it may be necessary for the trustee to buy and sell securities with the approval of government staff, or to take other steps to ar.nage the assets in order to maximize their value. Hcwever,unlesssgecifiedunderthe terms of the trust, a truetee should invest under a reasonably prudent" investor standard as defir.ed by statute or case law of the jurisdiction where the trust is located. 17
The NRC' staff would consider any individual or organization for the position of trustee in addition to fine cial institutions, who can succeed in obtaining insurance for the position. (This type of insur<nce is currently available and is commonly obtained by banks and by other financial institutions.) The terms of the trust should define tne investr.. ant responsibilities of the trustee. The trustee should have possession of the assets or funds placed in trust by the party who created the trust. The trustee should have the legal interest in the funds, since he has control over it, can sue to protect it, and is responsible for its preservation. The trustee should be under a fiduciary duty t+ comply with the terms of the trust, and, unless the trust provides othe.* He, should be liable for breaches of this duty. The trustee is allowed to invest in ti.ne or de.nand deposits of the trustee institution, up to the amount insured by law. The trustee is pennitted to put trust fund asets into any appropriate, "comon, commingled, or collective trust fund created by the Trustee," in other words, a corrmon trust. Once the trust fund is established, the licensee should make additional necessary payments into the trust fund so that sufficient funds are available to reflect any changes in the cost estimates for site decom-missioning, reclamation, and long-term surveillance and control. The trust agreement should contain language requiring the trustee to submit annually to the licensee and NRC a statement of the valuation of the assets in the trust "unds, detailing the results of investment activity and the expenses levied against the fund. Securities in the trust fund should be valued at their market value no more than 60 days before the anniversary date of the fund. The licensee may object, in writing, to the trustee's investment activities or to expenses levied against the trust fund within 90 days of receiving the valuation statement. However, if objectionr do exist, the licensee is still obilgated to deposit the necessary funds into the trust to ensure that the amount available is equal to the cost estimates in the approved Plan. If the licensee sells or transfers cperating responsibility for the facility (ies) for which the trust fund provides financial assurance, the trust fund will not automatically transfer to the next owner. The NRC would have to approve a new financial assurance through the license condition for tie facility (ies). The new licensee could enter into an a;re. ment with the old licensee, by which the trust fund is transferred to the new owner. This, however, would require amendments to the trust agreement that should be approyed by the trustee and the NRC. The licensee should alert the trustee that it is responsible for annual valuations of the trust; for notifying the NRC if the licenset fails to 18
make pay' ment chen un ected to n so in tr.t W ission; and for making payments out of trae trust furf rt ctw direi!101 of the NRC. .
- A change in trustec wit' mot c hect (fie ei hte.ce of the trust itself.
The trustee may be changed if 'he 'trence is dissatisfied with the performance of the trustee c 11 (ne uusta resign:,; the trustee should be changed if the trustee unst itutip etters bankruptcy or ceases to meet the trustee gud111 cations, b r ett.fier m e, the trustee can be changed only upon agreernent by tne nenm , tt+ Mn t rustee, and the NRC.
- The trust agreement shou R t,e signer, by ts l'censee and the trustee and I be properly notat ind.
- The amount of coverage shor.lo ref?ect NRC approved cost e ,1 mates for reclamation, decommissionhrg, aod long-term surveillance and control for the uranium recovery facilitylies)
The licensee, its successors or the trustee has the responsibility for completing reclamation, decommissioning and providing for long-tern j surveillance and control. The trust agreement should state that disbursements by the trustee for reclamation, decommissioning, and long-term surveillance and control expenses shall be approved by the NRC ! (or other Beneficiary) before release. 3.6 Other Considerations Such as Standby Trusts It is recommended that a licensee include a standby trust fund when submitting a letter uf credit or surety bond (performance or financial guarantee) to comply with the financial assurance requirements of 10 CFR Part 40 Appendix A. A recommended format for a standby trust is found in Appendix E of,this document. In the event of a licensee failure'to reclaim the licensed site in accordance with its approved reclamation and decommissioning plan, monies from surety bonds and letters of credit should be said to a standby trust. Parent company guarantors also have the option of ausmitting (and funding) a standby trust fund, instead of actually performing such activities. The purpose of the standby trust is to receive any funds that may eventually be paid by the surety company, financial institution issuing the letter of credit, or parent company. NAC recommends the use of standby trusts because without such an instrument 31 U.S.C. 13302(b) requires NRC to deposit any assets received from the surety bond or letter of credit (or, if applicable, the parent company guarantee) ditectly into the U.S. Treasury. Standby trust funds are similar to trust funds as described in Section 3.5, except that the following activities are not required with the standby trust:
- regular payments into the standby trustt (it is only funded if the surety bond, parent company guarantee, or letter of credit is collected); .
- updatir,g the trust agreement to show current cost estimates and annual valuationst and,
- notices of nonpayment to the NRC.
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i 3.7 Other Financial Assurances l NRC considers the previously described financial assurances to be comon, l standardized financial mechanisms that would adequately provide financial l security for the purposes of this Technical Position. Additionally, the staff l will consider other financial assurances on a case by-case basis, provided the > licensee can demonstrate that the method provides an adequate degree of security, and also meets the generic guidelines mentioned in Chapter 2.0. Licensees may propose a combination of the financial assurances discussed above, with the
- exception of parent company guarantees, which may not be used in combination 1 with other financial mechanisms. However, NRC would have to approve such i combinations.
4.0 DETERMINING SITE-SPECIFIC RECLAMATION AND DECOMMISSIONING COST ESTlHATES As required under Criteria 9 and 10 of 10 CFR Part 40 Appendix A, the licensee shall supply sufficient information for NRC to verify that the amount of ) coverage provided by the financial assurance accounts for all necessary activities required under the license to allow the Ifcense to be terminated. Cost estimates for the following activities (where applicable) should be submitted to NRC with the initial license ipplication or reclam W on plan and updated annually, as specified in the license and as provided in the technical criteria of Appendix A of 10 CFR Part 40. Cost estimates should be calculated on the basis of completion of all activities by a third party. Unit costs, calculations, refetences, assumptions on equipment and operator efficiencies, etc., should be provided.
- 1 4.1 Detailed Cost Information Breakdown for Mills and in-Situ Facilities The detailed cost information necessary to verify the cost estimates for the above categories of closure work is described in the following outline.
4.1.1 Facility Decomissioning Mill Sfte Decommissioning - This includes dismantling, decontamination and/or disposal of all structures and equipments this includes excavation and burial of contaminated earth (to the vicinity of the mill site, ore storage area, access roads around the perimeter of the tailings disposal site, evaporation pondresidues,etc.);andreclamationofdisturbedareasfromtheabovecleanup activities. . In Situ Facility Decommissioning - This includes dismantling, decontamination and disposal of all structures and equipment. This may be accomplished in two 4 phases. In the first phase, only the equipment not used for ground-water restoration is removed. The remaining equipment would be removed in a second phase, when ground-water restoration and well plugging are complete. The buildings used for the in-situ operations may be decontaminated and released for unrestricted use. A. Salvageable building and equipIment decontamination (list). For each building or pieces of equipment listed the following data should be provided. 20
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- 1. Labor for dismantling and decontamination i
- a. Person hours and categories of labor
- b. Average hourly wage for each category
- c. Total labor cost (benefits, insurance, etc., and all labor overhead should be included here or calculated on the basis of total project labor)
Equipment and material for dismantling and decontamination 2.
- a. Itemiration of equipment and material to be used for decontamination
- b. Itemized cost for material and equipment cost per hour listed in (a) above (equipment costs should include hourly operating,ownershipandoverheadexpenses)
- c. Operating hours for each piece of equipment
- d. Total equipment and material, cost B. Non-salvageable butiding and equipment disposal
- 1. List of major categories of building and equipment to be disposed of and their corresponding quantities
- a. Structures (list each major) (tons of materia 1'and building volume in cubic feet)
- b. Foundationconcrete(cubicyards)
- c. Processequipment(tons)
*d. Piping & insulation (lumpsum)
- e. Electrical 4 instrumentation (lusy sum)
- 2. Unit cost of disposal for each ites above (include equipment.
labor, material, transportation,anddisposalcosts)
- 3. List and state how each chemical solution within the sill area will be disposed, along with the associated cost of disposal
- 4. Total cost ,
C. Restoration of contaminated areas (cre storage pad, access roads, process area, evaporation pond residues, etc.) Removal and Disposal of Evaporation Pond and Residues - These materials should be transportsd to a licensed tailings area or licensed disposal site. The quantity of material to be removed, the distance to the disposal site, and the fees charged by the 21 s
-- , - ,~n.. - . , _ . , , . , -,- - , . . . - - - - , - - -,,--r,,...... . , , .n,-
1 receivin'g facility are important considerations in detennining the costs of disposal. Reclamation - This entails recontouring the well fields and evaporation ponds and placing top soil or other materials acceptable to NRC. This may also include revegetetion.
- 1. Removal
- a. Area, depth and quantity of material to be removed (cubic i yards--or size of liner if appropriate)
- b. Unit cost Cinclude excavation, loading, transportation and deposition)
- c. Total cost (equipment and labor)
- 2. Revegetation
- a. Area to be revegetated (acre)
- b. Unit G d (:v lude fill material, replacing topsoil, and revegetatJ + unt)
- c. Totalcost(aquipment,laborand, materials) 4.1.2 Ground-Water Restoration and Well plugging Mill Site Ground Water Restoration - A major concern in the ters.Ination of a mill license is the restoration of aquifers that have been contaminated by the operation of a tailings impo9ndment. As this concern is added to the site-
, specific reclamation plans, the licensee should include these costs in its surety until the licensee is released from further ground-water restoration activities. In Situ Site Ground-Water Restoration - In most cases, ground-water restoration consists of ground water sweeping and water treatment with partial reinjection. The water treatment equipment used during the uranium recovery phase of the operation is generally suitable for the restoration phase. The capital cost of , this equipment is usually absorbed during the initial stages of the operation, leaving only the costs of operation, maintenance and replacement filters for the restoration phase. However, if additional or replacement equipment will be required for restoration, associated costs should be detailed here. A. Method of restoration
- 1. Projected length of time required to complete restoration e
22
i B. Volume of aquifer required to be restored - area and thickness of aquifer -- number of required pumping cycles -- cycling time . C. 1. abor and equipment cost estimates associated with aquifer restoration (e.g., reverse osmosis unit) D. Verification sample analysis
- 1. number of samples
- 2. unit cost for sample collection and analysis (per sample)
- 3. total cost for verification sample analysis E. Well plugging .
- 1. nueber of drill holes to be plugged
- 2. depth and size of each drill hole
- 3. material to be used for plugging--include acquisition, transportation, and plugging -
- 4. Total cost for well plugging F. Total cost Mr ground-water restoration '
4.1.3 Interim Stabilization of Tailings during the Drying-Out Phase Interim Stabilization of the Tailings during Drying - Placement of soil, chemical spraying, snow fences or other control measures over dry tailings to minimize dusting or dispersal of particulates. A. Drying time B. Area of dry exposed tailings for each year during the drying period (acresfor years) C. Unit cost for placesent of soil, chemical spraying or other methods (priceperacre)(includematerial, labor,and equipment) D. Cost for an enhanced evaporation system, where included in.the reclamation and decosmissioning plan. - Capital cost, labor and operating cost E. Seepage control costs where necessary to alleviate adysrse grousd-water impacts F. Total cost of interin tailings. stabilization 4.1.4 Tailings Impoundment Area Reclamation 23
Tailings impaundment Area Reclamation - Earthwork necessary to recontour the tailings in order to prepare for cover placement. - Placement of cover materials - Revegetution and/or placement of riprap. - Construction of diversion channels or other measures required for long term stability. A. Area and quantity of cover material (acres, cubic yards)
- 8. Location and size of borrow area that serves as a source of cover material. (Include distance from borrow area to tailings impoundment, grade and quantity of material from each borrow area)
C. Labor and equipment unit cost for each type of material (include excavation, loaafng, transportation, depositing, spreading, and compacting; detaff costs and equipment types, and calculations for each function) D. Estimated costs for revegetation of tailings pile, if applicable, and borrow areas (labor, equipment and materials) E. Estimated costs for riprap / rock armor, if applicable (labor, materials, transportation and equipment) F. Estimated costs for special engineered features - diversion channels, s equipment) pillways, etc. (in unit costs) (labor, materials and G. Estimated costs for a quality assurance program, including field and laboratory testing to assure that the "as built" system conforms to design specifications. Indicate number and type of tests, labor and equipment costs. H. Fencing costs if applicable (unit costs for labor and materials) total length and type of material
- 1. Additional control measures, if necessary (guard service, etc.)
J.- Total cost If the reclamation plan calls for different layers of soil, such as clay, etc., Items IVA. through IVF. above should be provided for each layer. Reclamation estimates may not always have to include the entire project area (i.e., operations which involve phased reclamation need only include coverage for .the maximum area affected during the period of the license.) 4.1.5 Radiological Survey and Environment al Monitoring Radiological Survey - Gasma surveys and soil samples for radium in areas to be released for unrestricted use. Soils around the mill building, tailings piles, well ficid, evaporation ponds and process buildings should be analyzed for radium content. A gamma survey of all areas should be made before release for unrestricted use. All equipsont released for unrestricted use should be surveyed and records maintained. 24
A. Soil samples for radiua - 226 . B. Decommissioning equipment and building smear samples C. Gama survey I 0. Environmental monitoring Costs of labor, materials and analysis for continuation of environmental monitoring and inspection program throughout reclamation E. Total cost
- 1. Nu d er of each kind of sample 11sted above,
- 2. Unit cost for sample and analysis (price per sample)
- 3. Total cost for radiological survey 4.1.6 Project Management and Miscellaneous Costs l Itemize estimated costs associated with project managecent, engineering changes, ,
mobilization costs, legal expenses, power costs during reclamation, quality control radiological safety costs, etc. , 4.1.7 Labor and Equipment Overhead, Contractor Profit
' Overhead costs for labor and equiment and contractor profit may be calculated as separate items or-loaded into aourly rates. If included in hourly rates, the unit costs should identify the percentages applied for each area.
4.1.8 Long-Term Surveillance and Control (for Mills Only)--Criterion 10 Specifies a Minimum of $250,000 in 1978 Dollars ($407,960 in Decod er 1986 Dollars) Long-tem surveillance and control fund covers the cost of government agency ' site inspection, monitoring, and control measures, if necessary. Certain additional measures may be required at some sites. The cost of these measures should be added to the basic cost of annval inspection of the site by as required under Criterion 10. Costs for these measures government should be funded entire from earnings of theThese authorities,ly long-term surveillance and control fund, without using fund principal. measures include, but are not limited to: A. Unit cost of repairing or replacing f meing, including ler.gth of fence; t 4 25
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. B. Limited'long-term ground water monitoring to confirm that no ground water problems exist at the site; and C. Additional control measures, if needed.
4.1.9 Contingency The licensee should include a contingency amount to t!.c total cost estimate for the final site closure. The staff currently considers a 15 percent engineering contingency to be an acceptable minimum amount.. Additionally, the licensee should include a 10 percent minimum contingency for contract administration, in the event the licensee defaults, and the State or Federal Government is required to administer a contract to carry out the licensee's reclamation and decommissioning responsibility. 4.1.10 Adjustments to Surety Amounts The licensee is required by 10 CFR 40, Appendix A, Criteria 9 and 10 to adjust its cost estimates annually to account for inflation and changes in reclamation plans. Yhe submission should be in the form of a request for amendment to the Itcense. A. Adjustments for inflation 1 The licensee the cost should estimates forsubmit a revised inflation surety) incorporating adjustments today ninety (90 of the effective date of the surety instrument or as specified in the license. The adjustment should be made using the inflation rate indicated by the change in the Consumer Price Index published by the U.S. Department of Labor, Bureau of Labor Statistics. B. Changes in Plans
- Changes in the process such as size or method of operation.
- Licensee-initiated changes in reclamation plans or reclamation /decosmissioning activities performed.
- Adjustments to reclamation plans required by the NRC.
- Proposed revisions to reclamation plans should be thcroughly documented and cost estimates and the basis for cost estimated detailed for NRC review and approval. Where 4 licensee is authorized by the NRC to secure a surety arrangerent with the State, no reduction to the surety amount shall be initiated without prinr NRC approval. Copies of ail correspondence relating to the surety between the licensee and the State shall be provided to the NRC. If authorized by the NRC to meintain a surety with the Stata as the beneficiary, it is the responsibility of the licensee to provide the NRC with verification of same, ensure that the agreement with the State specifically identifies the 26
i financial surety's :sppI tr.et lm '.c .'.ne n' a f acility, in situ leach ' facility, tailings and nl.itec Arw cennmissioning/ reclamation - and tranFft r .sf tr) long tur wrverillan e and control fee to the : 1 U.S. Departmerit v' the Trentory .m inte authority before license ; terminatir.h. All costs (unit and tote 3 are to h escunatest ai the basis of independent contractor costs ; Mc/ude overhesd sed prrtit ir u..!t costs or as a percentage oftotal). Equipme.ct owned by tnr 1 :ensve rm the availability of licensee 1 staf f should not be cons'.:tered in tite it.stimatt.. to reduce cost calculations. All costs should be ' cased w cur rent yte od,\t+ s. Credit for salvage value is i generally not acceptable or the Mimates of >t.t. , J The NRC staff review maj An(tude s wen %w of unit cost estimates with j standard construction cost guides t's.p., buope Guide, Data Quest) and discussions with appropriate :bte er itA*al authorities (highway cost ' construction). The licensee shw1d provide supporting information or the basis for its selection of the unit cost figures used in its estimates. 4 I 9 k t 27
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APPEN0!X A-1 RECOMMENDED WORDING FOR A PERFORMANCE 80ND t 1 APPENDIX Art RECOMEMDED WOR 0 LNG FOR A FINANCIAL GUARANTEE 80ND I I 6 9 e e s b
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APPENDICES Al Reconnended Wording for a Perfortnance Bond A2 Reconnended Wording for a financial Guarantee Bond B Reconnended Wording for an Irrevocable Standby Letter of Credit C Reconmended Wording for a Parent Company Guarantee D Reconnended Wording for a Trust Fund Agreement E Reconnended Wording for a Standby Trust 4 e 9
+
APPENDIX .'. l RECOMMENDED WORDING FOR A PERFORMANCE BOND l Date bond executed: 4 Effective date
- Principal
- [ legal name and business address of owner or operator) i Type of organization: insert " individual," " joint venture,"
" partnership," or "cor[oratfon")
p d State of incorporation: , I Surety ( f es): [name(s) and business address (es)] ; l NRC S'ource Material License Number, name, address, and reclamation, deconnis-sioning, stabilization and long-term surveillance and control amount (s) for eachuraniumrecovi.,Iceflityguaranteedbythisbond: Total penal sum of bond: $ . i ! Surety's bond number: l Know All Persons 8y These Present i heretoarefirmlyboundtotheU.$.Thatw'e,thePrincipalandSurety(ies) Nuclear Re called NRC), in the above penal sua for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and - severally; provided that, where the Surety (ies) are corporations acting as coesureties, we, the Sureties, bind ourselves in such sua " jointly and ! severally" only for the purpose of allowing a joint actior, or actions against i any or all of us, and for all other purmses each Surety binds itself, jointly and severally with the Principal, for tie payment of such sum only as is set j but if no limit of liability is forthoppositethenameofsuchSuretylbethefullamountofthepenalsum. indicated the limit of liability shal WHEREAS, the NRC, an agency of th United States Government, pursuant to the i Atomic Energy Act of Igl4. as amended, the Energy Reorganization Act of 1974,
- and the Uraniusi Mill Tailings Radiation Control Act of 1978, has prosaal ated ,
regulations in Title 10. Chapter I of the Code of Federal Regulations, art 40, Appendix A, Criteria g and 10. These regulations applicable to the Princiril, require that a licensee of a uranium recovery facility shall >rovide assurance - that funds will be available when needed in accordance with tw approved
- Reclamation and Decommiissioning Plan and also for the long term surveillance and cont ol of the uranium recovery f scility.
WHEREAS, said Principal is required under these regulations, to have license in order to own or operate each uranien recovery facility identified above, and 1 4 A-1
APPENDIX A-1 l RECOMMENDED WORDING FOR A PERFORMANCE BOND (CONT.) WHEREAS, said Principal is required to provide financial assurance for decomissioning, reclamation and long term surveillance and control as a condition of the license, and WHEREAS, said Principal shall establish a standby trust fund when a surety bond is used to provide such financial assurance: NOW THERff0RE the conditions of the obligation are such that if the Principal shall faithfu1Iy perform reclamation and decomissioning and make arrangements to transfer funds for long-term surveillance and control to an approved regulatory authority, whenever required to do so, of each uranium recovery facility for which this bond guarantees reclamation and decomissioning in accordance with license conditions, pursuant to all applicable laws, statutes, rules, and regulations, as such laws, statutas, rules, and regulations may be amended; Or, if the Prdncipal shall provide alternate financial assurance, and obtain the NRC's written approval of such assurance, within 30 days af ter the date notice of cancellation is received by both the Principal and the NRC from the Surety (ies), then this obligation shall be null and void, otherwise it is to remain in full force and effect. The Surety (ies) shall become liable on this bond obligation only when the Principal has failed to fulfill the conditions described above. Upon notification by NRC that the Principal has been found in' violation of the license conditions of 10 CFR Part 40, Appendix A, for a uranium recovery facility for which this bond guarantees performance of reclamation, decomissioning, and long-term surveillance and control, the Surety (ies) or their agents shall either perform in accordance with liccase requirements, or place the amount guaranteed for the uranium recovery facility into the standby trust fund, as directed by the NRC. Upon notification by the NRC that the Principal has failed to provide alternate financial assurance and obtain written ap)roval of such assurance from the NRC during the 90 days following receipt by boti the Principal and the NRC of a notice of cancellation of the bond, the Surety (ies? shall place funds in the amount guaranteed for the uranium recovery facility (ies) into the standby trust fund, as directed by the NRC. TheSurety(ies)herebywaive(s)notificationofamendmentstodecosmiissioning and reclamation plans, permits, applicable laws, statutes, rules and regulationsandagreesthatnosuchamendmentshallinanywayalleviateits (their) obligation on this bond. A-2
}' APPENDIX A-1 RECOMMENDED WORDING FOR A PERFORMANCE BOND (CONT.) The liability of the Surety (ies) shall not be discharged by any payment or successim of payments hereunder, unless and until such payment or payments sham arount in the aggregate to the penal sum of the bond, but in no event shall the obligation of the Surety (ies) hereunder exceed the amount of said penal sum. The Surety (ies) may cancel the bond by sending notice of cancellation by certified mail to the uranium recovery licensee and to the NRC, provided, however, that cancellation shall not occur during the 90 days beginning on the date of receipt of the notice of cancellation by both the Principal and the NRC, as evidenced by the return receipts. - The Principal may terminate this bond by sending written notice to the Surety (ies),provided however, that no such notice shall become effective untiltheSurety(ies), receive (s)writtenauthorizationforterminationofthe bond from the NRC. [The following paragraph is an optional rider that may be included but is not required.] PrincipalandSurety(les)herebyagreetoadjustthepenalsumofthebond yearly so that it guarantees a new reclamction,'decomissioning, and long-term surveillance and control amount, provided that the penal sum does not increase by more than 20 percent in any one year and no decrease in the penal sum takes place without the written permission of,the NRC. In Witness Whereof The Principal (s) and Surety (ies) have executed this Performance Bond and have affixed their seals on the date set forth above. h A-3
APPENDIX A 1 . RECOMMENDED WORDING FOR A PEPFORMANCE BOND (CONT.) The persons whose signatures appear below hereby certify that they are t authorized to execute this surety bond on behalf of the Principal and Surety (les). Principal [ Signature (s)) [Name(s)) . [ Title (s)) , [Corporateseal) Corporate Surety (ies) [Name(s) and address) State of incorporation ,- Liability limit: $ [ Signature (s)J [Name(s)andtitle(s)) [Corporateseal] (For every co-surety, provide signature (s), corporate seal, and other Information in the same manr.er as for Surety above.] Sond premium: $ 9 A-4
APPENDIX A 2 RECOMMENDED WORDING FOR A FINANCIAL GUARANTEE BOND Date bond executed: Effective date: Principal: [legalnameandbusinessaddressofowneroroperator) Type of organization: [ insert" individual,""jointventure,"" partnership,"or
~
corporation"] State of incorporation: Surety (ies): [name(s)andbusinessaddress(es)) NRC Source Material License Number, name, address, and reclamation, decom-missionirg and long-term surveillance and control amount (s) for each uranium recovery f acility gt .. anteed by this bond: Total penal sum of bond: $ Surety's bond number: Know All Persons By These Present, That we, the 'Principel and Suret hereto are firmly bound to the U.S. Nuclear Regulatory Commission NRC), (y(ies) (hereinaf ter called NRC), in the above penal sua for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally provided that, where the Surety (ies) are corporations acting as co-sureties, we, the Sureties, bind'ourselves in such sua " jointly and severally" only for the purpose of allowing a joint action or actions against any or all of us, and for all other purmses each Surety binds itself, jointly and severally with the Principal, for t5e payment of such sum only as is set forth opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum. WHEREAS, the NRC, an agency of the United States Government, pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, and the Uranium Mill Tallings Radiation Control Act of 1978, has prosulgated regulations in Title 10. Chapter I of the code of Federal Regulations Part 40, Appendix A, Criteria g and 10. These regulations applicable to the Principal, require that a licensee of a uranium recovery facility shall provide assurance that funds will be available when needed in accordance with the approved Reclamation and Decommissioning Plan and also for any long-ters surveillance and contr il of the uranium recovery fa:111ty. WHEREAS, said Principal shall establish a standby trust fund when a surety bond is used to provide such financial assurance. NOW THEREFORE, the conditions of the obligation are such that if the Principal shallfaithfully,beforethebeginningofreclamationanddecommissioaingof each facility identified above, fund the standby trust fund in the amount (s) identified above for the facility, l A-5
r.4ENth a n-2 . RECOMMENDID WONDING W A 8 INAtlCI AL GUARANTEE BOND (CONT.) Or, if the Principal sn411 fund the statidby trust fund in such amount (s) after an order to begin reclamation and decomissioning IS issued by an NRC or a U.S. District Court or othe tourt of cornpetent juri9 diction, Or, if the Principal shall proviue sIternate financial assurance, and obtain the NRC's written approval of such assurance, within 30 days af ter the date notice of cancellation is received by both the Principal and the NRC from the Surety (ies), then this obligation sha.11 be null and void; otherwise it is to remain in full force and effect, The Surety (ies) shall become liable on this bond obl,igation only when the Principal has failed to fulfill the conditions described above. Upon notifica-tion.by NRC that the Principal has failed to perform as guaranteed by this bond the Surety (ies) shall place funds in the amount guaranteed for the facfIf ty(ies) into the standby trust fund, as directed by NRC. The liability cf the Surety (ies) shall not be discharged by any payment or succession of payments hereunder, unless and'until such payment or payments shall amount in the aggregate to the penal sum of the bond, but in no event shall the obligation of the Surety (ies) hereunder exceed the amount of said penal sum. , The Surety (ies) may cancel the bond by sending notice of cancellation by certified mail to the Principal and to the NRC provided, however, that cancel-lation shall not occur during the 90 days beginning on the date of receipt of the notice of cancellation by both the Principal and the NRC, as evidenced by the return receipts. The Principal may terminate this bond by sending written notice to the Surety (f es), provided however that no sucn notice shall become effective until the Surety (ies), receive (s) written authe:rization for termination of the bond by the NRC. [The following paragraph is an optional rider that may be included but is not required.] , Principal and Surety (ies) hereby agree to adjust the penal sum of the bond yearly so that it guarantees a new reclamation, decommissioning, and long term surveillance and control amount, provided that the penal sua does not ine.rease by more than 20 wrcent in any one year, and no decrease in the penal sua takes place without tse written permission of the NRC. In Witnes., Whereof, the Principal and Surety (ies) have executed this Financial Guarantee Bond and have affixed their seals on the date set forth above. A-6 r-*-- W - -
g e 9 APPENDIX B RECOMMENDED WORDING FOR AN IRREVOCABl.E STANDBY LETTER OF CREDIT e 9 3 4 B-1
APPENDIX A-2 - i RECOMMENDED WORDING FOR A FINANCIAL GUARANTEE BOND (CONT.) The persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on behalf of the Principal and Surety ( f es). Principal
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[ Signature (s)] [Name(s)J [ Title (s)) [CorporateSurety(fes) [Nameandaddress) State of incorporation: , Liability limit: $ [ Signature (s)) , [Name(s)andtitle(s)) [Corporateseal] [For every co-surety, provide signature (s), corporate seal, and other information in the same manner as for Surety above.] Bond premium: ? h A-7
h
. APPENDIX R RECOMMENDED WORDING FOR AN !RREV0 CABLE STAN0BY LETTER OF CREDIT CREDIT NO. [InsertNo.]
ThisCreditExpires[insertdate]
!ssued To: United States Nuclear Regulatory Commission Wdshington, D.C. 20555 i
Deer Sir or Hadem: We hereby establish our Irrevocable Standby Letter of Credit No. in your favor, at the request and for the account of Ofcensee's name and address] up to the aggregate amount of [in words] U.S. do11ars $ , available upon presentation of (1) your sight draft, bearing reference to this letter of credit No. , and (2) your signed statement reading as follows: "I certify that a that the amount of the draft is payable pursuant to regulations issued under authority of the Uranium Mill Tailings Radiation Control Act of 1978 " i This letter of credit is issued in accordance with regulations issued under i authority of the United States Nuclear Regulatory Commission, (NRC), an agency of the United States Government, pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, and the Uranium Mill Tailings Radiation Control Act of 1978.' NRC has promulgated regulations in Title 10 Chapter I of the Code of Federal Regulations, Part 40, Appendix A, Criteria 9 and 10. These regulations require that a licensee of a uranium recovery facility shall provide assurance that funds will be available when needed in accordance with the apprcred Reclamation and Decossissioning plan and also for any long-tem surveillance and control of the uranium recovery facility. This letter of credit is effective as of [date] and shall expire on [date at least one year laterl but such expiration date shall be automatically extended for a period of [at le,ast one year] or. [date] and on each successive expiration date, both you unless,[at and licensee's leastname], 90 days as shcwn beforeonthe the current expiration signed return receipts.date, If we notify [Itcensee'sname]isunabletosecurealternativefinancialassuranceto replace this letter of credit within 30 days of notification of cancellation, the NRC may draw upon the full value of this letter of credit prior to , cancellation. The bank shall give immediate notice to the licensee and the NRC of any notice recehed or action filed alleging the (1) insolvency or bankruptcy of the bank or (2) any violations of reyulatory requirements that could resultItin suspension or revocation of the bank s charter or license to do business. also should give immediate notice if it, for any reason, hecomes unable to fulfill its obligation under the letter of credit. B-2
APPENDIX B 4 RECOMMENDED WORDING FOR AN 1RREVOCABLE STANDBY LETTER OF CREDIT (CONT.) Whenever this letter of credit is drawn on, under and in compliance with the terms of this credit, we shall duly honor such draf t upon presentation to us within 30 days, and we shall deposit the amount of the draft directly into the
;tandby trust fund of [ licensee's name] in accordance with your instructions.
Each draft must bear upon its face the clause " Drawn under Letter of Credit No. , dated , and the total of this draf t and all other draf ts previously drawn under this Letter of Credit does not exceed [ fill in anount]." [ Signatures (s) and title (s) of official (s) of issuing institution] [date] This credit is subject to [ insert "the nost recent edition of the Uniform Customs and Practice for Documentary Credits, published by the Intern &tional Chamber of Connerce," or the " Uniform Compercial Code"]. 6 s S 9 B-3
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APPENDIX C RECOMMENDED WORDING AND DOCUMENTS FOR A PARENT COMPANY GUARANTEE t i n C-1 ( -
APPEND!X C . RECOMMENDED WORDING AND DOCUMENTS FOR A PARENT COMPANY GU i i This appendix contains the following documentation recomended to support a parent company guarantee where the U.S. Nuclear Regulatory Comission (NRC) is the Beneficiary (or Obligee): Recommended wording for a letter from the Chief Financial Officer of the Parent Company; and Example of auditor's special report by certified public accountant, on confirmation of Chief Financial Officer's letter; and Attachment to example of audf tor's special . report, sample schedule - reconciling amounts contained in Chief Financial Officer's letter , to amounts in financial statements and Reconnended wording for a Parent Company guarantee. 8
. O e
0 9
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, APPENDIX 0 RECOMMENDED WORDING FOR A PARENT COMPANY GUARANTEE RECOMMENDED WORDING FOR LETTER FROM CHIEF FINANCIAL OFFICER OF THE PARENT COMPAhY
( Address to U.S. Nuclear Regulatory Commission) I am the chief financial officc of [name and address of firm),a[ insert" individual,""jointventure,"" partnership,"or" corporation"). This letter is in support of this firm's use of the financial test to demon-strate financial assurance, as specified in 10 CFR Part 40, Appendix A. [ Fill out the following paragraph on facilities and associated cost estimates. For each facility, include its license number, name, address, and current cost estimates found for reclamation, decommissioning and long-term surveillanceandcontrol.) This firm guarantees, th*ough the parent company guarantee submitted for compliance under 10 CFR Part 40, Appendix A, the deconsnissioning, reclamation, and long-term surveillance and control of the following facilities owned or operated by subsidia. es of this firm. The current cost estimates for the reclamation, decomissioning, and long term surveillance and control so guaranteed are shown for each facility ' NAME OF LOCATION OF . CURRENT COST FACILITY FACILITY ESTIMATE I further attest that the licensee (s) for which this parent company guarantee is being made has (have) a positive tangible net worth. This firn [ insert "is required" or "is not required") to file a Form 10 K w d "' the Securities and Exchange Cossif ssion (SEC) for the latest fiscal year. The fiscal year of this fire ends on [ month, day]. The figures for the following items msrked with an aste*isk are derived from this firm's independently audited, year-end financial statements and footnotes for the latest completed fiscal year, ended [date). [FillinAlternativeIorAlternative!!.] C-3
APPENDIX C , RECOMMENDEO WORDING FOR A PARENT COMPANY GUARANTEE (CONT.) RECOMMENDED WORDING FOR LETTER FROM CHIEF FINANCIAL OFFICER OF THE PA ALTERNAT!YE I 1. and long-term Sum of current decommissioning, reclamation, facility [ insert surveillance and control cost estimates for licensenumber][totalofallcostestimatesshownin $ previousparagraphsabove] 2.* Total liabilities [if any portion of decomissioning reclamation, or long-term surveillance and control cost estimates is included in total liabilities, you may deduct the amount of that portion from this line and add that amounttolines3and4] 3.* Tangible net worth I 4.* Net worth - 3 5.* Current assets
- 3 6.* Current liabilities 3 7.* Net working capital [line 5 minus line 6) 8.* The sum of net income plus depreciation, ,
depletion, and amortization 9.* Total assets in U.S. (required only if less 3 than 90 percent of firm's assets are located in the U.S.) Yes D
- 10. Is line 3 at least $20 million?
- 11. Is line 3 at least 6 times line 17
- 12. Is line 7 at least 6 times line 17
- 13. Are at least 90 percent of firm s assets located in the U.S.7 If not, complete line 14.
- 14. Is line 9 at least 6 times line 17
- 15. Is line 2 divided by line 4 less than 2.07
- 16. Is line 8 divided by line 2 greater than 0.17 ,__
- 17. Is line 5 divided by line 6 greater than 1.57
- Denotes rigures derived from financial statements.
C-4
. .- _-_ - ._ . _ ____ _ _ - _ _ - - _ = _ - _ _ = . - _ - _ _
APPENDlX C RECOMMENDED WORDING FOR A PARENT COMPANY GUARANTEE (CONT.) RECOMMENDED WORDING FOR LETTER FROM CHIEF FINANCIAL OFFICER OF THE PARENT COMPANY ALTERNAT!YE !!
- 1. Sum of current decommissioning, reclamation, and long-term surveillance and co. trol cost ...; mates for facility (insert license number) [ total of I all costestimatesshowninpreviousparagi'aphsabove]
- 2. Current bond rating of most recent issuance of this firm and name of rating service $
- 3. Date of issuance of bond 4 Date of maturity of bond 5.* Tangible net worth [if any portions of the reclamation decomissioning, and long-term survelliance and controI estimates are included in " total liabilities' on your firm's financial statements, add the amount of that portiontothisline). $
6.* Total asuts in U.S. (required only if less than $ 90 percent of firm's assets are located in the U.S.) Yes No
- 7. Is Ifne S at least $20 million?
- 8. Is line 5 at least 6 times line 17 9.* Are at least 90 percent of firm's assets _ _
located in the U.S.7 If not, complete line 10.
- 10. Is line 6 at least 6 times line 17
- Denotes figures dertvdd from financial statements.
g 4 C-5
l 1 , APPEND!X C , l RECOMMENDED WORDING FOR A PARENT C0ftPANY GUARANTEE (CONT.) l RECOMMENDED WORDING FOR LETTER FROM CHIEF FINAllCIAL 0FFICER OF THE PARENT COMPANY l I hereby certify that the content of this letter is true and correct to the best of my knowledge. (Signature] [Name] [ Title] [Date] ,
- s 0
e O C-6
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APPENDIX . RECOMMENDED WORDING FOR A PARENT COMPANY GUARANTEE (CONT.) . EXAMPLE OF AUDITOR'S SPECIAL REPORT BY CERTIFIED PUBLIC ACCOUNTANT CONFIRMATION OF CHIEF FINANCIAL TfTICER'S LETTER We have examined the financial statements of [ company name] for the year ended [date), and have issued our report thereon dated [date]. Our examination was made in accordance with generally accepted auditing SWdards and, accordingly, included such tests of the accounting records and s s ther e diting procedures as we considered necessary in the circumWras. The [ Company] has prepared documents to demonstrate its financial responsibility under the NHC's financial assurance regulations, in , compliance with Appendix A, of 10 CFR Part 40. This letter is furnished to assist the licensee [ insert NRC license number and name) in complying with these regulations and should not be used for other purposes. The attached schedu.e, in respon;e to the regulations, reconciles the specified information furnished in the Chief Financial Officer's Letter with the Company's financial statements. In connectior therewith, we have:
- 1. Confirmed that the amounts in the column "per financial statements" agree with amounts contained in the Company's financial statements for the year ended [date).
- 2. Confirmed that the amount in the column "per Chief Einancial Officer's Letter" agree with the Letter prepared in response to the NRC's request.
- 3. Confirmed that the amouni.s in the column " reconciling items" agree with analyses prepared iy the Company setting forth the indicated items.
4 Recomputed the totals and percentages. Because the above procedures do not constitute an examination made in accordance with generally accepted auditing standards, we do not express an opinion on any amounts or items referred to above. In connection with the procedures referred to above, no matters came to our attention that cause us to believe the Chief Financial Officer's Letter and supporting information should be adjasted. C-7
APPENDIX C RECOMMENDED WORDING FOR A PARENT COMPANY GUARANTEE (CONT.) ATTACHMENT TO EXAMPLE OF AUDITOR'S SPECIAL REPORT SAMPLE SCHEDULE RECONCILING AMOUNTS CONTAINED lH CHIEF FINANCIAL OFFICER'S (CFO'5) LETTER 10 AMOUNTS IN FINANCIAL STATEMENTS XYZ COMPANY YEAR ENDED DECEMBER 31, 19XX Line Number Per Recon- Per in Financial ciling CF0's CFO's Letter Statements Items Letter Current liabilities 6 X Long-term debt X Deferred income taxes X Total IX Accrued decommissioning, eclamation, and long-term surva111ance and control costs-included in current liabilities X Totalliabilities(less accrued decommissioning, - reclamation, and long-term surveillance and control costs) X 4 Net worth XX 4 less: Cost in excess of value of tangible assets acquired X II Acc:ued decommissioning, reclamation, and long-term surveillance and control costs included in current X liabilities Tangiblenetworth(plus accrued decosmissioning. reclamation, and long-term surveillance and control costs) XX [balanceofschedulenotill;strated] [This111ustrats3 thp form of schedule which is . contemplated. Details and reconciling iters will differ in-specific situations.] 9 C-8
APPENDIX C RECOMMENDED WORDING FOR A PARENT COMPANY GUARANTEE 4 Guararitee made this (date) by [name of guaranteeing entity), a [ insert " individual,"
"jointventure,"" partnership,"or" corporation")organizedunderthelawsof the State of [insart name of State, herein referred to as guarantor, to the i
United States Nuclear Reguldtory Commission (hereaf ter NRC), or State agency found acceptable to the NRC, [ insert name of State agency] obligee, on behalf of our subsidiary [ licensee] of [ business address). Recitals 1
- 1. Guarantor has full authority and captcity to enter into this guarantee
[(If the guarantor is a corporation, add the foJ10 wing phrase) under its i bylaws, articles of incorporation, and the laws of the State of [ insert guarantor'sstateofincorporation],itsStateofincorporation. i [ Guarantor should indicate which financial test is being used.]
- 2. This guarantee is being issued to comply with regulations issued by the NRC, an agercy of the United States Government, pursua..t to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, and the Uranium Mill Tailings + Radiation Control Act of 1978.
i NRC has promulgated regulations in Title 10, Chapter I of the Code of
- Federal Regulations, Part 40, Appendix A, Criteria 9 and 10. These regulations require that a licensee of a uranium recovery facility shall provide assurance that funds will be available when needed in accordance with the approved Reclamation and Decommissioning Plan and
- also for any long-term surveillance and control of the uranium l recovery facility.
. 3. Guarantor meets or exceeds the following financial test criteria [ insert ! statementindicatingwhichfinancialtestisbeingused]andagreesto ' comply with all notification requirements for sureties as specified in 10 CFR Part 40, Appendix A: Guarantee shall meet one of the f911owing two financial tests: ) (a) (1) The guarantor's most recently issued senior credit r.bligations are 4 rated "888" or higher by Standard and Poor's Corporation, or "Baa" or higher by Moody's Investors Service, Inc.; and (ii) The guarantor's tangible net worth is at least $20 million and is equal to or greater than six times the sum of current NRC-approved r.ost estimates for decommissioning, reclamation, and long-term surveillance and control; and (iii)Theguarantor'sassetslocatedintheUnitedStatesamountto at least 90 percent of its total assets or at lesst six tfmes the amount of the current NRC-approved cott estimates for decommissioning, reclamation, and long-term surveillance and control required by the license;- i C-9
,. ,,- , , , -m, -,+,m-- , -
mDC1 . REcultMENat0 W0erme MP.8 DARE C (OMPANY GUARANTEE (CONT.) E (b) ( f) Guarantor": tant Lle nat wot'tn . ins net working capital are each equal l to or greate than a b : ~.'s ties 5um ci trie current cost estimates for decom-3tabilization, and long-term l c missioning, decnntamNtior , rec amarson, surveillance and cuistrol rectorer % tt's license; and I (ii) Guarantor's useu ?otated 'tr Tne United States amount to at least 90 percent of its total as. sets .w n '.rnt six times the amount of the current NRC-approved cost estimates fu den, nun'nfoning, reclamation, and any long-term surveillance and control required by the license; and (111) Guarantor meets two of the following three ratios: a ratio of total i liabilities to net worth less than 2.0; a ratio of the sum of net income ; plus depreciation, depletion, and amortization to total liabilities greater than i 0.1; and a ratio of current assets to current liebilities greater than 1.5; and i l (iv) Guarantar's tangible net worth is at least $20 million dollars.
)
4 Guarantor owns 51 percent or more of the vqting stock of the following Ifcensee(s) covered by this guarantee. List for each licensee: Name, address, the uranium recovery facilities owned or operated by each licensee, and the correspontiin Guarantor also certifies that.the licensee (s)g license numbers.]for which this gua (have) a positive tangible net worth.
- 5. " Reclamation and Deconnissioning Plans" as used below forrefer; to the plans the deconnissioning, maintained as required by 10 CFR Part 40, Appendix A,f facilities reclamation, and long-term surveillance and control o identified above.
- 6. For value received from [ licensee], [(If the guarantor is a corporation, add) and pursuant to the authority conferred upon the guarantor by (the unanimous resolution of its directors) (or) (the majority vote of its shareholders), a certified copy of which is attached.] guarantor guarantees to NRC that in the event th( licenses fails to perform the activities required in the NRC approved Reclamation and Decosmissioning Plan, as required by License No. [ insert numbers], the guarantor shall:
- a. Carry out the required activities, or
- b. Set up a trust fund in favor of the above identified beneficiary in the amount of these current NRC-approved cost estimates for these activities, and -
- c. In addition, the licensee or guarantor shall cover the eventual payment of the amount for long-term surveillance and control, if any, as requiree % 10 CFR Part 40, Appendix A.
C-10
\ . APPENDIA C , RECOMMENDED WORDING FOR A PARENT COMPANY GUARANTEE (CONT.) [lf the licensee is an NRC licensee but a State is the named bei)eficiary, the guarantee documentation should include written 4 verification from the State agreeing to use the trust funds to , carry out the required activities described in the NRC a
- - Reclamation Decommissioning Plan for the named facility (pproved ies).]
I
- 7. Guarantor agrees to submit revised financial statements, financial test data, and a special auditor's report and reconciling schedule annually,
} within 90 days of the close of the parent company guarantor's fiscal year. I 8. Guarantor agrees that if, at the :nd of any fiscal year before termination l of this guarantee, the guarantor fails to meet the financial test criteria, guarantor shall send within 60 days, by certified mail, notice to the NRC l and to [the licensee] that it intends to provide alternate financial
- assurance as specified in Appendix A of 10 0FR Part 40, in the name of j [1icensee). .othin 90 days after the end of the fiscal year, the guarantor
[ shall establish such financial assurance unless [ licensee] has done so.
- 9. The guarantor also agrees to notify th'e beneficiary promptly if the I
ownership of the licensee or the parent firm is transferred and to maintain this guarantee until the new parent firm or the licensee provides alternate i financial assurance acceptable to the beneficiary. i 10. certified mail of a voluntary
, The or guarantorroceeding involuntary agrees tounder notifyTitle the NRC, 11 by(Bankruptcy), U.S. Code naming guarantor as Lgtar, within 10 days after cosmiencement of the proceeding.
] l 11. Guarantor agrees that within 30 days after being notified by NRC of a determination that guarantor no longer meets the financial test criteria i or that it is disallowed from continuing as a guarantor-for the uranium l ' recovery facility under license nus6er [ insert license number], it shall establish an alternate financial assurance, as specified in 10 CFR Part 40, j- AppendixA,asapplicableinthtnameof[ licensee),unless[ licensee]has done so. l 12. Guarantor as well as its successors and assigns agrees to remain bound jointly and severally under this guarantee notwithstanding any or all of ^i 'the following: amendment or modification of license or NRC-approved Reclamation and Decolmissioning Plan for that facility, the extension or . reduction of the time of performance of reclamation, decommissioning, and , or for long-tem surveillance and control or any other modification or i alteration of an obligation of the licensee pursuant to 10 CFR Part 40.
- 13. Guarantor agrees to remain bound under this guarantee for so long as
[ licensee] must comply with the applicable financial assurance require-ments of 10 CFR Part 40, Appendix A, for the previously listed facilities, , c. cept that guarantor may cancel this' guarantee by sending notice by t 4 i C-11
M H rid i t C . l RECOMMENDED WORDING ICR A 1ARENT COMPANY GUARANTEE (CONT.) certified mail to th NRL %nc n [ licensee], such cancellation to become effective no earlier tte 90 ties after receipt of such notice by both NRC and [ licensee.1 as evir'ence, by the return receipts.
- 14. Guarantor agrees taat af j'.4.unsee] f ails to provide alternate financial assurance as spec.'fie1 H. 10 CFR Part 40, Appendix A as applicable, and to obtain writter apptwo? oi such assurance from the NRC within 60 days af ter a notice of cartcellechn by the guarantor is received by the NRC from the guarantor, guaran?.tw shall provide such alternate financial assurance in the hmne 'of {7)censee] or make full payment under the guarantee. The guarantor and the licensee agrees to be jointly and severally liable for all htigation costs incurred by the beneficiary in any successful effort to enforce the agreement against the guarantor.
- 15. Guarantor expressly]
NRC or by [ licensee . waives notice of acceptance of this guarantee or modifications of the Reclamation and Decommissioning Plan and of amendments or nodifications of the license.
- 16. If the guarantor files Financial Reports with the U.S. Securities and Exchange Comission, then F hall promptly submit them to the NRC during each year in which this gua .1 tee is in effect.
I hereby certify that this guarantee is true and cor. rect to the best of n1y knowledge. Effee ive Date. [NameofGuarantor] [AuthorizedSignaturesforguarantor](2) [ Names of persons signing] (2) , [Titlesofpersonssigning](2) [Nameoflicensee](2) [ Authorized Signatures for licensee] (2) [ Names of persons signing] (2) [ Titles of persons signing] (2) Signature of witness or notary: C-12
1 J APPENDIX D RECONMENDED WORDING FOR A TRUST FUND AGREEMENT 9 0 9 i D-1
APPENDIX D RECOMMENDED WORDING FOR A TRUST FUND AGREEMENT TRUST AGREEMENT. -[the A (name of NPC licensee),greement), entered into as of [date] by and betwe
" association," or " proprietorship"], the " Grantor," and [name of corporate trustee], [ insert " incorporated in the State of "or"anationalbank"],
the " Trustee." WHEREAS, the United States Nuclear Regulatory Commission, (NRC), an agency of the United States Government, pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, and the Uranium Mill Tailings Radiation Control Act of 1978, has promulgated regulations in Title 10, Chapter I of the Code of Federal Regulations, Part 40, Appendix A, Criteria 9 and 10. These regulations, applicable to the Grantor, require' that a licensee of a uranium recovery facility shall provide assurance that funds will be available when needed in accordance with the approved Reclamation and Decommissioning Plan and also for any long-term surveillance and control of the uranium recovery facility. WHEREAS, the Grantor has elected to establisM a trust to provide all or part nf such financial assurance for the facilities identified herein, WHEREAS, the Grantor, acting tarough its duly authorized officers, has selected the Trustee to be the trustee under this agreement, and the.1rustee is willing to act as trustee. POW, THEREFORE, the Grantor and the Trustee agree as follows: Section 1. Definitions. As used in this Agreement: (a) The term " Grantor" means the NRC licensee who enters into this Agreement and any-successors or assigns of the Grantor. (b) The term " Trustee" means the Trustee who enters into this Agreement and any successor Trustee, i
-Section 2. Identification of Uranium Recovery Facilities and cost Estimates.
This Agreement pertains to the facilities and NRC-approved cost estimates identified in license number [ insert license nuder] and shown in Schedule A. [On Schedule A, for each facility, list the NRC license number, name, address, and the current reclamation, deccanistioning, and long-term surveillance and control estimates or portions thereof, for which financial assurance is demonstrated by this Agreement.] Section 3. Establishment of Fund. .The Grantor and the Trustee hereby estan H sh a trust rund tthe " Fund") for the benefit of MRC. The Grantor and the Trustee intend that no third party have access to the Fund except as herein provided. D-2
APPENDIX 0 RECOMMENDED WORDING FOR A TRUST FUND AGREEMENT (CONT.) 4 Section 4 Payments Comprising the Fund. Payments made to the Trustee for ',he
; Fund snill consist of cash or securities acceptcble to the Trustee. The Fund is established in, fally as consisting of the property, which is acceptable to the Trustee, described in Schedule B attached hereto, such Property and any other property subsequently transferred tu the Trustee is referred to as the Fund, together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant to this Agreement. The fund shall be held by the Trustee IN TRUST, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any esponsibility for the amount of adequacy of the Fund, nor any duty to collect from the Grantor, any payments necessary to
- discharge any liabilities of the Grantor established by NRC.
Section 5. payment for Reclamation, Decommissioning, and Long-Term Surveillance and Control. The Trustee shall make payments from the Fund as NRC shall direct, in writing, to provide for the payment of the costs of reclamation decommissioning, and long-term surveillance and control of the facilities covered by this Agreement. The Trustee shall reimburse the 4 Grantor or other persons as specified by the.NRC from the Fund for reclamation, decomm!ssioning and long-term surveillance and control expenditures, in such amounts as the NRC shall direct in writing. In addition, the Trustee shall l ' refund to the Grantor such amounts as the NRC specifies in "riting. Upon refund, such funds shall no longer constitute part of the Fund as defined herein.
- Section 6. Trustee Management. The Trustee shall invest and reinvest the principal and income of the Fund and keep the Fund invested as a single fund, without distinction between principal and income, in accordance with general investment policies and guidelines which the grantor may communicate in writing i
' to the Trustee from time to time, subject, however, to the provisions of this Section. In investing, reinvesting, exchanging, selling, and managing the Fund, the Truste 1 hall discharge his duties with respect to the Fund solely in the inter' of the beneficiary and with the care, skill, prudence, and dili-gence undu. the circumstances then prevailing which persons of prudence, acting in a 11.a capacity and familiar with such matters, would use in the conduct of an enterprise of a like character and with like aims; except that: (1) Securities or other obligations of the Grantor, or any other owner or operator of the facilities, or any of their affiliates as defined in the Investment Company Act of 1940, as amended. 15 U.S.C. 80a-2.(a), shall not be acquired or held, unless they are securities or other obligations of the Federal or a State government; (ii) The Trustee is authorized to inver,t the Fund in time or demand deposits of the Trustee, to the extent insured by an agency of the Federal or State government, and l (iii) The Trustee is authorized to holu a sh awaiting investment or distribution uninvested for a reasonable time and without liability.for the J payment of interest thereon. J D-3
- VPEttl^! t C RECOMMENUiD s.0Rbig rop.a rpur rVND AGREEMENT (CONT.)
Section 7. Comigling and Irvestter.t. ine Trustea is expressly authorized in its discretton: (a) To transfer f rom tirist to t,w .rly or all of the assets of the fund to any comon, cumingled, or col'.et tivt */ust fund created by the Trustee in which the Fund is eligible tt. partacipate, lubject to all of the provisions thereof, to be comeglet witt. 'tr4 as!ett if other trusts porticipating therein; and (b) To purchase sharei in ' app ninstment company registered under the Investment Company Act of *2.4a0, t! 6..S.C. 80a-1 et seg. , including one which m.y be created, managed, wderwritten, or to whicn investmtnt advice is rendered The Trustee may vote such or the shares of which are sold by the Trustee. shares in its discretion. Section 8. Express Powers of Trustee. Without in any my limiting the powers and discretions conferred upon the Trustee by.the other provisions of this Agreement or by law, the Trustee is expressly' authorized and empowered: (a) To sell, exchange, convey, transfer, or otherwise dispose of any property held by it, by public or private sale. No person dealing with the Trustee shall be bound to see to the applicatiorf of the purchase money or to inquire into the validity or expediency of any such sale or other di:: position; (b) To make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any cnd all other instruments that may be necessary or appropriate to carry out the powers herein granted; (c) To register any securities held in the Fund in its own nasie or in the name of a nominee and to hold any security in bearer fom or in bock entry, or to combine certificates representing such securities wif 'i certificates of the same issue held by the Trustee in other fiduciary capac . ties, or to deposit or arrange for the deposit of such s&curities in a qualified central depository even though, when so deposited, such securities may be merged and held in bulk in the name of the nominee of such depository with other secr-ities deposited therein by another person, or to deposit or arrange for the deposit of any securities issued by the United States Government, or any agency or instru-mentality thereof, with a Federal Reserve bank, but the books and records of the Trustee shall at all times show that all such securities are part of the Fur.d. (d) To deposit any cash in the Fund in interest-bearing accounts maintained or savings certificates issued by the Trus cae, in its separate corporate capacity, or in any banking institution af filiated with the Trustee, to the extent insured by an agency of the federal or State government; and-D-4
APPENDIX D i RECOMMENDED WORDING FOR A TRUST FUND AGREEMENT (CONT.) l (e) To compromise or otherwise adjust all claims in favor of or against the Fund. Section 9. _ Taxes and Expenses. All taxes of any kind that may be assessed or levied agalm. or in respect of the fund and all brokerage comissions incurred by the Fund ....all be paid from the Fund. All other expenses incurred by the Trustee in connection with the administration of this Trust, including fees for 4 legal services rendered to the Trustee, the compensction of the Trustee to the ) extent not paid directly by the Grantor, and all other proper charges and cisbursements of the Trustee shall be paid from the Fund. Section 10. Annual Valuation. The Trustee st;all annually, at least 30 days
- before the anniversary date of establishment of the Fund, furnish to the Grantor and to the NRC a statement confirming the value of the Trust. Any securities in the Fund shall be valued at market value as of no more than 60 i
days before the anniversary date of the establishment of the Fur... The ' failure of the Grantor to object in writing to the Trustee within 'O days after the statement has been furnished to the Grantor and the NRC shall constitute a i conclusively binding assent by the Grantor, barring the Grantor from asserting , any claim er liability against the Trustee, with respect to matters disclosed in j the statement. l
- l Section 11. Advice of Counsel. The Trustee may from time to time consult with counsel, who may be counsel to the Grantor, with respect to any question l arisins as to the construction of this Agreement or any action to be taken l hereunder. The Trustee shall be fully protected, to the extent permitted by i
law, in acting upon the advise of counsel. l Section 12. Trustee Compensation. The Trustee shall be entitled to reasonable i compensation for its services as agreed upon in writing from time to time eith the Grantor. (See Schedule C.) Section 4). Successor Trustee The Trustee may resign or the Grantor may replace the Trustee, but such resignation or replacement shall not be effective
- until the Grantor has appointed a successor Trustee and this successor accepts the appointment: The successor trustee shall have the same powers and duties
' as those conferred upon the Trus ue hereunder. Upon the successor trustee's accestance of the appointment, the Trustee shall assign, transfer, and pay over to t1e successor f.rustee the funds and properties then constituting the Fund. If for any reason the Grantor cannot 4r does not act in the event of the resignation of the Trustee, the Trust (e may apply to a court of competent jurisdictica for the apmintment of a sticcessor trustee or for instructions. The successor trustee s tall specify the date in whir' it assumes administration i of the trust in a writing sent to the Grantor, the A.., and the present Trustee by certified mail 10 days before such change becomes effective. Any expenses incurred by the Trustee as a result of any of the acts contemplated by this Section shall be paid as provided in Section 9. l D-5 :
APPENDIX 0 RECOMMENDED WORDING FOR A TRUST FUND AGREEMENT (CONT.) Section 14. Instructions to the Trustee All orders, requests, and instructions by the Grantor to the Trustee shall be in writing, signed by such persons as are designated in the attached Exhibit A or such other designees as the Grantor may designate by amendment to Exhibit A. The Trustee shall be fully protected in acting without int"Jiry in accordance with the Grantor's orders, requests, and instructions All orders, requests and instructions by the NRC to the Trustee shall be in writing, signed by the NRC, or its designees, and the Trustee shall act and shall be fully protected in acting in accordance with such orders, requests, and instructions. The Trustee shall have the right to assume, in the absence of written notice to the contrary, that no event consti-tuting a change or a termination of the authority of any person to act on beha of the Grantor or NRC hereunder has occurred. . The Trustee shall have no duty to act in the absence of such orders, requests and instructions from the Grantor or the NRC, except as provided for herein. Section 15. Notice of Nonpayments. The Trustee shall notify the Grante and the NR T certifled mail within 10 days following the expiration of the 30-day period af ter the anniversary of the establishment of the Trust, if no payment is received from the Grantor during that period. After the pay-in period is completed, the Trustee shall not be required to send a notice of nonpayment. Section 16. Amendment of Agreement. This Agreeme'nt may be amended by an instru-ment in writing executed by the Grantor, the Trustee, and the NRC or by the Trustee and the NRC, if the Grantor ceases to exist. Section 17. Irrevocability and Termination. Subject to the right of the parties to amend this Agreement as provided in Section 16, this Trust shall be irrevocable and shall continue until terminated at the written agreement of the Grantor, the Trustee, and the NRC or by the Trustee and the NRC, if the Grantor ceases to exist. Upon termination of the Trust, all remaining trust property, less final trust administration expsnses, shall be delivered to the Grantor. Section 18. Iemunity and Indemnification. The Trustee shall not incur personal TTI5111ty of any nature in connectio, w1:n any act or omission, made in good faith, in the administration of this Trust, or in carrying out any directions by the Grantor or the NRC issued in accordance with this Agreement. The Trustee shall be indemnified and saved harmless by the Grantor or from the Trust Fund, or both, from r.nd agair.:t any personal liability to which the Trustee may be subjected by reason of any act or conduct in its . official capacity, including all expenses reasonably incurred in its defense in the event the Grantor fails to provide such defense. Section 19. Choice of Law. This Agreement stall be administered, construed, and enforced according to the laws of the State of [ insert name of State]. D-6
. l APPENDIX D RECOMMENDED WORDING FOR A TRUST FUND AGREEMENT (CONT.) l Section 20. Interpretation. As used in this Agreement, words in the singular include the plural and words in the plural include-the singular. The descrip- '
tive headings for each Section of this Agreement shall not affect the inter-pretation or the legal efficacy of this Agreement. 4 IN WITNESS WHEREOF the parties have caused this Agreement to be executed by their respective officers duly authorized and their corporate seals to be hereunto affixed and attested as of the date first above written. [SignatureofGrantor] Attest: [ Title] [ Title] [ Seal] [ Signature of Trustee] Attest: [ Title] [ Title] [ Seal] 4 I b 4 4 D-7
APPENDIX D RECO M ENDED WORDING FOR A TRUST FUND AGREEMENT (CONT.) SAFPLE EXHIBIT A The fo11xing is an example of the certification of acknowledgment which must accompany the trust agreement for a trust fund. STATE OF COUNTY OF , On this [date), before me, personally came [name of licensee] known, who, being by me duly sworn did depose and say that she/he resides at laddress), that she/he is [ title] of [(corporation), the corporation describec in and which executed the above instrument; that he/she knows the seal of said Assoc-iation, that the seal affixed to such instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/his name thereto by fike order. , [ Notary Public 51gnaturej $ Cosmission Expires: e 9 9 D-8
l APPENDIX D ! RECOMMENDED WORDING FOR A TRUST FUND AGREEMENT (CONT.) SAliPLE SCHEDULE A This Agreement demonstrates financial assurance for the following cost estimates (s) for the following uranium recovery facility (fes):
~
U.S. NUCLEAR REGULATORY COST ESTIMATES CONMISSION NAME OF /3 DRESS OF DEMONSTRATED BY LICENSE NUMBER FACILI TY FACILITY THIS AGREEMENT The cost estimates listed here were last adjusted and approved by the NRCon[date). ,- a f 4 4 9 9 e D-9
APPENDIX 0 RECOMMENDED WORDING FOR A TRUST FUND AGREEMENT (CONT.) SAMPLE SCHEDULE B The fund is established initially as consisting of the following i pronarty: [$ dollar amount] as evidenced by [ property). I
. 1 1
9 e D-10
4 4 e4P 0 APPENDIX E RECOMMENDED WORDING FOR A STANDBY TRUST I I E-1
APPENDIX E RECOMMENDED WORDING FOR A STANDBY TRUST TRUSTAGREEMENT,[theAgreement of licensee), a [name of State])[ insert " corporation," " partnership," "asso-entere ciation," or " proprietorship)," the " Grantor," and [name of a " national bank)," the " Trustee." WHEREAS, the United States Nuclear Regulatory Comission, (NRC), an agency of the United States Government, pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, and the Uranium Mill Tailings Radiation Control Act of 1978, has promulgated regulations in Title 10, Chapter I of the Code of Federal Regulations, Part 40, Appendix A, Criteria 9 and 10. These regulations, applicable to the Grantor, require,that a licensee of a
- uranium recovery facility shall provide assurance that funds will be available, when needed in accordance with the approved Reclamation and Deconnissioning Plan, and also for any long term surveillance and control of the uranium recovery facility.
- WHEREAS,theGrantorhaselectedtoestablisha[ insert"letterofcredit,"
" surety bond," 9r " parent guarantee") to provide all or part of such financial assurance for the facilities identified herein, and
! WHEREAS, when payment is made under a [ insert " letter of credit," " surety bond," cr " parent guarantee"1 this standby trust shall be used for tt.r. receipt of such payment, and WHEREAS the Grantor has elected to establish a standby trust to provide all or part of such financial assurance for the facilities identified herein, WHEREAS, the Grantor, acting through its 7Jly authorlZed officers, has selected the Trustee to be the trustee under this i.greement, and the Trustee is willing to act as trustee, NOW, THEREFORE, the Grantor and the Trustee agree as follows: Section 1. Definitions. As used in this Agreement: (a) the term " Grantor" means the licensee who enters into this Agreement and any successors or assigns of the Grantor. (b) The tem " Trustee" means the trustee who enters into this Agreement and any successor Trustee. Section 2. Id ntification of Uranium Recovery Facilities and U st Estimates. This Agreement pertains to the facilities and cost estimates identified in license number _[ insert license number] and shown in Schedule A. 1 E-2 i
APPENDIX E RECOMMENDED WORDING FOR A STANDBY TRUST (CONT.) Section 3. Establishment of Fund. The Grantor ar.d the Trustee hereby establish a stanoby trust f uno (the " Fund") for the eenefit of NRC. The Grantor and the Trustee intend that no third party have access to the Fund except as herein provided. Section 4. Payments Comprising the Fund. Payments made to the Trustee for the Fund shall consist of cash or securities acceptable to the Trustee. The fund is funded initially as consisting of the property, which is acceptable to the Trustee, described in Schedule B attached hereto. Such property and )y other property subsecuently transferred to the Trustee is referred to as tf.e fund, together with all earnings and profits thereon, less any payments or cistribu-tions made by the Trustee pursuant to this Agreement. The Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. The Trustee shall nut be responsible nor shall it undertake any responsibility for the amount or adequacy of the Fund, nor any duty to collect from the Grantor, any payments necessary to discharge any liabilities of the Grantor established by NRC. Section 5. Payment _for Reclamation, Decommissioning, and Long Term Surveillance and Control. The Trustee shall make payments from tne Funo, as the NRC shall direct, in writing, to provide for the payment of the costs of reclemation, decommissioning, and if necessary, long term surveillance and control of the f acilities covered by this Agreement. The Trustee shall reimburse the Granter or other persons as specified by the NRC from the Fund for reclamation, decommissioning, and long term surveillance and control expenditures in such amounts as the NRC shall direct in writing. In addition, the Trustee shall refund to the Grantor such amounts as the NRC specifies in writing. Upon l refund, such funds shall no longer constitute part of the Fund as defined herein. Section 6. Trustee Management. The Trustee shall invest and reinvest the t principal and income of the Fund and keep the Fund invested as a single fund, without distinction between principal and income, in accordance with general investment policies and guidelines which the Grantor may connunicate in writing to the Trustee from time to time, subject, however, to the provisions of this Section, in investing, reinvesting, exchanging, selling, and managing the Fund, the Trustee shall discharge his duties with respect to the Fund solely in the interest of the beneficiary and with the care, skill, prudence, and diligence under the circumstance then prevailing which persuns of prudence, acting in a like capacity and familiar with such matters, would use in the conduct of en enterprise of a like character and with like aims; except that: (i) Securities or other obligations of the Grantor, or any other owner or operator of the facilities, or any of their affiliates as defined in the Investment Company Act of 1940, as amenced,15 U.S.C. 80a-2(a), snall not be acquired or neld, unless they are securities or other obligations of the Federal or a State government; E-3
B - r APPENDIX E l RECOMMENDED WORDING FOR A STANDBY TRUST (CONT.) ' (ii) The Trustee is authorized to invest the Fund in time or demand deposits of the Trustee, to the extent insured by an agency of the Federal or State ) government; and
. (iii) The Trustee is authorized to hold cash awaiting investment or distribution
! uninvested for a reasonable time and without Itability for the payment of interest thereon. Section 7. Consiingling and Investment. The Trustee is expressly authorized in Its discretion: j (a) To transfer from time to time any or all of the assets of the Fund to any common, cosuingled, or collective trust fund created by the Trustee in which I the Fund is eligible to participate, subject to all of the provision thereof, to be cosmingled with the 6ssets of other trusts participating therein, and 4 (b) To purchase shares in any investment company registered under the Company Act of 1940, 15 U.S.C. 80a-1 et seq., inclu' ding one which may be created, i managed, underwritten, or to which investment advice is rendered or the shares of which are sold by the Trustee. The Trustee may vote such shares in its i discretion. ' Section 8. Express Powers of Trustee. Without in any way limiting the powers l' and discretions conferred upon the Trustee by the other provisions of this Agreement or by law, the Trustee is expressly authnrized and empowered: (a) To sell, exchange, convey, transfer, or otherwise dispose of any property held by it, by public or private sale. No person dealing with the Trustee shall be bound to see to the application of the purchase money or to inquire into the validity or expediency of any such sale or other disposition; (b) To make, execute, acknowledge, and 'eliver any and all documents of transfer and conveyance and any and all other instruments that egy be necessary or appropriate to carry out the powers herein granted; i - i (c) To register any securitief held in the Fund in its own name or in the name of a nominea and to hold any security in bearer form or in book entry, or to i combine certificates representing such securities with certificates of the same issued held by the Trustee in.other fiduciary capacities or to deposit or arrange for the deposit of such securities in-a qualified central depository
, even though, when so deposited, such securities may be merged end held in bulk in the name of the nominee of such depository with other securities deposited therein by another person, or to deposit.or arrange for the deposit of any securities-issued by the United States Government, or any ageecy or instrumentality 4
thereof, with a Federal Reserve bank, but the books, and records of the T v* tee shall at all times show that all such securities are part'of the Fund; o k
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i j . APPENDIX E 1 , L RECOMMENDED WORDING FOR A STAND 8Y TRUST (CONT.) ! 1 (d) To-deposit any cash in the fund in interest-bearing accounts maintained or savings certificates issued by the Trustee, in its separate corporate capacity, or in any other banking institution affiliated with the Trustee, to
- the extent insured by an agency of the Federal or State government; and (e) To compromise or otherwise adjust all claims in favor of or against the Fund.
! Section 9.-Taxes and Expenses. All taxes of any kind that may be assessed or 4 levied against or in respect of the Fund and all brokerage commission incurred 4 by the fund shall be paid from the Fund. All other expenses incurred by the Trustee in connection with the administration of this Trust, including fees for legal services rendered to the Trustee, the compensation of the Trustee to the i extent not paid directly by the Grantor, and all other proper charges and
- disbursements of the Trustee shall be paid from the Fund.
l -Section 10. Annual Valuation After Payment has been made into the Fund,
- the Trustee shall annually, at least 30 days before the anniversary l date of receipt of payment into the Fund, furnish to the Grantor and to the NRC, a statement confirming the value of the Trust. Any securities
- in the Fund shall be valued at market value as of no more than 60 days before i the anniversary date of establishment of the fund. The failure of the Grantor
! to object in writing to the Trustee within 90 days af ter the statement has been furnished to the Grantor and the NRC shall constitute a conclusively binding , assent by the Grantor, barring the Grantor from asserting any claim or liability l against the Trustee with respect to the matters disclosed in the statement. Section 11. Advice of Counsel. The Trustee may from time to time consult with ! counsel, who may be counsel to the Grantor, with respect to any question , arising as to the construction of this Agreement or any action to be taken hereunder. The Trustee shall be fully protected, to the extent permitted by law, in acting upon the advice of counsel. Section 12. Trustee Compensation. The Trustee shall be entitled to reasonable , compensation for its services as agreed upon in writing from time to time with the Grantor. (SeeScheduleC.) 1 Section 13. Successor Trustee. The Trustee may resign or the Grantor may replace tE Trustee, but such resignation or replacement shall not be effective , until the Grantor has appointed a successor Trustee and this successor accepts tne appointment. The successor trustee shall have the same powers and duties as those conferred upon the Trustee hereunter. i i b 9 h 4
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APPENDIX E i REC 0t9 TENDED WORDING FOR A STANDBY TRUST (CONT.) ! Upon the successor trustee's acceptance of che appointment, the Trustee shall assign, transfer, and pay over to the successor trustee the funds and pro . perties then constituting the Fund. If for any reason the Grantor cannot;or ! ! does not act in the event of the resignation of the Trustee, the Trustee may ) apply to a court of competent jurisdiction for the appointment of a successor i trustee or for instructions. The successor trustee shall specify the date on 4 _ which it assumes administration of the trust in a writing sent to the Grantor, l the NRC and the present Trustee by certified mail 10 days before such change becomes, effective. Any ex enses incurred by the Trustee as a result of-any of the acts contemplated by t<11s Section shall be paid as provided in Section 9. , Section 14 Instructions to the Trustee. All orders, requests, and 4 fnstructions by the Grantor to the Trustee shall be in writing, signed by such persons as are designated in the attached Exhibit A or such other designees as ' i the Grantor may designate by amendment to Exhibit A. The Trustee shall be fully protected in acting without inquiry in cccordance with the Grantor's orders, requests, and instructions. All orders, requests, and instructions by i the NRC to the Trustee shall be in writing i and the Trustee shall act and shall be fully. signed by the NRC, or its designees, j with such orders, requests, and instructions. protected The Trustee in acting shallinhave accordance the right ' i to assume, in the absence of written notice to the contrary, that no event constituting a change or a termination of the aQthority of any person to act on behalf of the Granter or NRC hereunder has occurred. The Trustee shall.have no i duty to act in the absence of such orders, requests, and the instructions from j the Grantor or NRC, except as provided for herein. Section 15. Amendment by Agreement. "11s Agreement may be amended by an I instrument in writing executed by the cantor, the Trustee, and the NRC, or by the Trustee and the NRC, if the Grantor ceases to exist. Section 16. Irrevocability and Termination. Subject to the right of the parties to amend this Agreement as provided in Section IS, this Trust shall be Irrevocable and shall continue until terminated at the w*1tten agreement of the Gran*.or, the Trustee, and the NRC, or by the Trustee and the NRC, if the Grantor ceases to exist. Upon temination of the Trust, all remaining trust
-property less final trust a kinistration expenses shall be delivered to the Grantor.
Section 17. Isamnity and Indemnification. The trustee shall not incur personal 11ab111ty of av nature in connection with any act or omission, made in good faith, in the administration of this Trust, or in carrying out any directions by the Grantor or the NRC is tued in accordance with chis Agreement. The Trustee shall be indemnified and saved harmless by the Granter or from the Trust Fund, or t10th, from and against any personal liability to 4 which the Trustee may be subjected.by reason of any act or conduct in its official i E-6 4
n' APPENDIX E RECOMMENDED WORDING FOR A STANDBY TRUST (CONT.) capacity, including all expenses reasonably incurred in its defense in the event the Grantor fails to provide such defense. Section 18. Choice of Law. This Agreenent shall be administered, construed, and enforced according to the laws of the State of [ insert name of state]. Section 19. Interpretation. As used in this Agreement, words in the singular include the plural and words in the plural include the singular. The descriptive headings for each Section of this Agreement shall 'not affect the interpretation or the legal efficacy of this Agreement. IN WITNESS WHEREOF the parties have caused this Agreement to be executed by their respective officers duly authorized and their corporate seals to be hereunto affixed and attested as of the date first above written. [Signat0reofGrantor] Attest: [ Title] . [ Title] [ Seal). r [SignatureofTrustee] Title] 4 9 e i E-7 I
APPENDIX E RECOMMENDED WORDING FOR A STANDBY TRUST (CONT.) SAtiPLE EXHIBIT A 4 The following is an example of the certificatioit of acknowledgment which must accompany the trust agreement for a trust fund. STATE OF To Wit: CITY OF t On this day of before me, a notary public ire and fortheCityancStateaforesaid,personallyappeared , and he did depose and say that he is the of , national banking association, Trustee, and who executed the abovg instrument; that he knows the seal of said Association, that the seal affixed to such instrument is such Corporate Seal; that it was so affixed by order of the Association, and that he signed his name thereto by like order. {, Notary Publicj My Cosmission Expires: I e E-8
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APPENDIX E i RECOMMENDED WORDING FOR A STANDBY TRUST (CONT.) SAMPLE SCHEDULE A 1 This Agreement demonstrates financial assurance for the following cost estimates (s) for the following uranium recovery facility (fes): - COST ESTIMATES FOR U.S. NUCLEAR WHICN FINANCIAL REGULATORY ASSURANCN ARE BEING COMIS$10N NAME OF ADDRESS OF DEMONSTMTED BY LICENSE NUMBER FACILITY FACILITY . THIS AGREEMENT The cost estimates listed here were last adjusted and approved by the NRC on [date]. e 9 i e E-9
4 - . -APPENDI, J RECOMMENDED WORDING FOR A STAND 8Y TRUST- (CONT.) SAMPLE ScFf5DET s
- i AMOUNT i 4
AS EVIDENCED BY e 1 . s
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, -1 APPENDIX:E 4 RECOMENDED WORDING FOR A STAN08Y TRUST -(CONT.)
- SAMPLE SCREDUET C ,
T Trustee's fees shall be $ . I 4 1 e a 4 8 4 1 h a .t 4 a 4-i . . I h-. 9 P 4 E-11. k
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