ML20085G216

Enclosure, Technical Evaluation Report, NIST 2019 Decommissioning Cost Estimate

ML20085G216
Person / Time
Site:	07000398
Issue date:	04/03/2020
From:	Ty Naquin NRC/NMSS/DFM/FFLB
To:	Copan W
Naquin T
Shared Package
ML20085G151	List: ML20085G212 ML20085G215 ML20085G216
References
CAC 000224, EPID L-2019-DFA-0008
Download: ML20085G216 (3)

Text

TECHNICAL EVALUATION REPORT DOCKET: 70-0398 LICENSE: SNM-362 LICENSEE: U.S. DEPARTMENT OF COMMERCE, NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

SUBJECT:

TRIENNIAL UPDATE TO DECOMMISSIONING FUNDING PLAN AND DECOMMISSIONING COST ESTIMATE BACKGROUND Nuclear facilities licensed under Title 10 of the Code of Federal Regulations (10 CFR), Part 30, Rules of General Applicability to Domestic Licensing of Byproduct Material, and Part 70, Domestic Licensing of Special Nuclear Material, are required to provide adequate financial assurance for decommissioning, decontamination and reclamation pursuant to 10 CFR Parts 30.35 and 70.25, Financial assurance and recordkeeping for decommissioning.

Pursuant to 10 CFR 30.35(e)(2) and 10 CFR 70.25(e)(2), at the time of license renewal, and intervals not to exceed 3 years, the decommissioning funding plan (DFP) must be resubmitted with adjustments, as necessary, for changes in costs and the extent of contamination.

The United States Department of Commerce, National Institute of Standards and Technology (NIST) holds a 10 CFR Part 30 and Part 70 nuclear materials license (SNM-362). Pursuant to 10 CFR 30.35(e)(1) and 10 CFR 70.25(e)(1), NIST is required to submit a decommissioning cost estimate (DCE) and financial assurance for U.S. Nuclear Regulatory Commission (NRC) review and approval. On September 23, 2019, the licensee submitted an updated DCE (Agencywide Documents Access and Management System [ADAMS] Accession No. ML19269B774).

The NRC utilizes NUREG-1757, Vol. 3, Rev. 1, Consolidated Decommissioning Guidance Financial Assurance, Recordkeeping, and Timeliness, February 2012 (ADAMS Accession No. ML12048A683) and Draft Interim Staff Guidance on Decommissioning Funding Plans for Materials Licensees, June 2018, (ADAMS Accession No. ML18163A087) as guidance to evaluate DCEs submitted by 10 CFR 30 and 70 licensees.

REGULATORY REQUIREMENTS Pursuant to 10 CFR 30.35(e)(1) and 70.25(e)(1), the licensee must submit an updated DCE for NRC review. After resolution of any NRC comments on the estimate, the licensee will submit, as necessary, revised financial instruments reflecting an amount sufficient to cover the approved cost estimate. The licensee remains liable for any decommissioning costs not covered by the financial instrument referenced above. The licensee also remains responsible for the current status and future decommissioning of the licensed site and facility, will continue to abide by all commitments and representations previously made to the NRC, and will continue to abide by all constraints, conditions, requirements, representations, and commitments identified in the license.

Enclosure

STAFF EVALUATION After an initial staff review of the 2019 DFP, NIST made a supplemental submission further explaining the 2019 DFP on November 27, 2019 (ADAMS Accession No. ML19336A002). As explained in NISTs supplemental information, the updated 2019 DCE is approximately $9.027 million, an increase of approximately $801,000 relative to the adjusted 2016 DCE (ADAMS Accession No. ML16279A280), which was approximately $8.226 million, and approved by the NRC on March 23, 2017 (ADAMS Accession No. ML17076A089). According to NISTs supplemental information, the increase in the cost estimate is primarily the result of inflation with some adjustments due to laboratory space and labor costs.

Upon review of the updated DCE and supplemental information, the staff sent a request for additional information (RAI) on February 4, 2020 (ADAMS Accession No. ML20030A659). The NIST responded on February 28, 2020 (ADAMS Accession No. ML20065H161, nonpublic).

Upon review of the RAI response, the updated DCE, and supplemental information, staff concluded the DCE met the regulatory requirements of 10 CFR 30.35(d) and 70.25(e); and therefore, is acceptable. Specifically, NIST submitted a detailed cost estimate for decommissioning, and the new submittal: (1) reflects the cost of an independent contractor to perform decommissioning activities [10 CFR 30.35(e)(1)(i)(A) and 70.25(e)(1)(i)(A)], (2) includes an adequate contingency factor [10 CFR 40.35(e)(1)(i)(D) and 70.25(e)(1)(i)(D)], and (3) identifies and provides justification for key assumptions [10 CFR 30.35(e)(1)(ii) and 70.25(e)(1)(ii)].

When updating the DCE, the Decommissioning Planning Rule requires licensees to consider the effect of eight factors, outlined in 10 CFR 30.35(e)(2) and 70.25(e)(2), on their DCEs. In the 2019 submittal, NIST addressed the eight factors:

1. Spills of radioactive material:

The 2019 DCE states, Minor spills occurring over the last three years have been cleaned/decontaminated to pre-spill conditions (Page 5 of 2019 DCE).

2. Waste inventory increases:

The 2019 DCE states, No significant changes in waste inventory since the last evaluation (Page 5 of 2019 DCE).

3. Waste disposal costs increases:

The 2019 DCE states, No significant changes in waste inventory since the last evaluation (Page 5 of 2019 DCE).

4. Facility modifications:

The 2019 DCE states, No significant changes to the type and number of facilities since the last evaluation (Page 5 of 2019 DCE).

5. Changes in authorized possession limits:

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The 2019 DCE states, The SNM-362 limits have not increased significantly since the license renewal (Page 5 of 2019 DCE).

6. Actual remediation costs that exceed the previous cost estimate:

The 2019 DCE states, No significant remediation costs changes identified (Page 5 of 2019 DCE).

7. Onsite disposal:

The 2019 DCE states, Non-applicable as NIST is not authorized to perform this activity (Page 5 of 2019 DCE).

8. Use of a settling pond:

The 2019 DCE states, Non-applicable as NIST is not authorized to perform this activity (Page 5 of 2019 DCE).

CONCLUSION Based on the review of the 2019 DCE submittal and the licensees supplement and RAI responses, the NRC staff finds the submitted DCE is based on reasonable and documented assumptions, and that it reasonably estimates the cost, at this time, to decommission the facility, if necessary. Accordingly, the NRC considers NISTs 2019 DFP update satisfies the requirements of 10 CFR 30.35(e) and 70.25(e) and is consistent with NUREG-1757, Volume 3, Rev. 1. Therefore, the NRC concludes the NIST 2019 DCE of $9,027,366 is acceptable. The NIST provided a statement of intent covering the 2019 DCE amount of $9,027,366. Within 60 days of this approval, NIST will provide NRC an original signature version of the statement of intent.

The NRC staff concludes there is reasonable assurance the proposed 2019 DCE would continue to provide reasonable and adequate protection of public health, safety, safeguards, security, and the protection of the environment. Therefore, NRC finds the proposed update is acceptable and meets the regulatory requirements to provide financial assurance, as set forth in 10 CFR 30.35(e) and 70.25(e). The licensee remains liable for any costs not covered by the financial instrument(s).

PRINCIPAL CONTRIBUTORS K. Kline, NMSS/REFS T. Naquin, NMSS/DFM 3