ML14143A037

Overview of Nrc'S License Termination Rule

ML14143A037
Person / Time
Site:	West Valley Demonstration Project, P00M-032
Issue date:	05/28/2014
From:	Rachel Johnson NRC/FSME/DWMEP/DURLD/SPB
To:
Shared Package
ML14143A059	List: ML14143A037 ML14143A040
References
Download: ML14143A037 (14)

Text

OVERVIEW OF NRCS LICENSE TERMINATION RULE Presentation at the West Valley Quarterly Public Meeting May 28, 2014 Robert L. Johnson 1

REGULATIONS AND GUIDANCE

• Regulations:

g 10 CFR 20 Subpart p E ((License Termination Rule (LTR))

• Statements of Consideration (SOC) for LTR

• Guidance: Consolidated Decommissioning Guidance, NUREG-1757, Vol. 1, 2, and 3

• Commission Commissions s West Valley Policy Statement (WVPS)

• Commissions Orders regarding Shieldalloy o CLI-11-12 and CLI-13-06 o Only for 10 CFR 20.1403(a) 2

LTR STATEMENT OF CONSIDERATIONS (SOC)

• Source of extensive informationrationale for provisions, responses tot comments t

• Commission preference for unrestricted release

• Recognition that there may be cases where achieving unrestricted release would not be reasonable (e (e.g.,

g where cost would be excessive)

• Flexibility

- Consistent set of criteria for the range of facilities and site conditions

- License termination approaches available: unrestricted release, restricted release, alternate criteria

- Licensee Li proposes decommissioning d i i i methodsth d ffor meeting ti ddose criteria

- NUREG-1757, Vol. 2, Rev.1, Section 2 3

GENERAL PROVISIONS, UNRESTRICTED RELEASE

• General provisions p

- 10 CFR 20.1401

- 1000 year compliance period

- DOE/NYSERDA EIS should analyze beyond 1000 yr (WVPS SOC)

• Unrestricted release license termination

- 10 CFR 20 20.1402 1402

- 25 mrem/yr and ALARA

• Licensee could p propose p both unrestricted and restricted release for different portions of the site 4

RESTRICTED RELEASE ELIGIBILITY

• 10 CFR 20.1403(a) ( )

• Purpose

- Initial eligibility for restricted releasenot approval

- Screen out sites that should be removing contamination to achieve unrestricted release

• A site would be eligible if further reductions in residual radioactivity necessary to comply with the provisions of 20.1402

- would result in net public or environmental harm or

- were not being made because the residual levels associated with restricted conditions are ALARA.

5

RESTRICTED RELEASE ELIGIBILITY (CONT.) (CONT )

• Commissions Orders regarding Shieldalloy

- Series of Shieldalloy lawsuits with associated Court and Commission actions

- Explain original meaning of provision and clarifies the analysis is limited to further removal of residual radioactivity

- Not a comparison of individual doses of restricted and unrestricted release and selection of the lowest dose

- Cost benefit analyses following NUREG-1757, Appendix N

• Costs/benefits of further removal of residual radioactive material from levels proposed to remain onsite to the unrestricted release level

• Net public harm analysis (costs of harm to people and environment compared to benefits, e.g., collective dose averted dollar value)

• ALARA (total costs compared to benefits, benefits e e.g.,

g collecti collective e dose averted a erted dollar value) 6

RESTRICTED RELEASE INSTITUTIONAL CONTROLS (ICs)

• 10 CFR 20.1403 (b) ( )

• Guidance in NUREG-1757, Vol. 1, Rev. 2

• Legally enforceable ICs to restrict future site use

• Durable ICs

- For higher risk sites (100-500 mrem/yr or > 100 yr half life

- State or Federal government ownership/control

• Five-year reviews

• Independent p third pparty/government yg entityy backup p

• NRC retains authority to take action if ICs fail (SOC) 7

RESTRICTED RELEASE ENGINEERED BARRIERS (EBs)

• EBs to mitigate

- Human intrusion

- Adverse natural p processes ((e.g.,

g erosion))

- Release and transport of radionuclides

• Contribute to meeting dose criteria; no prescriptive LTR requirements

• EBs are not ICs and are assumed to degrade rather than immediately and totally fail for the IC fail dose criteria 8

RESTRICED RELEASE FINANCIAL ASSURANCE

- 10 CFR 20.1403(c)

- NUREG-1757, Vol. 3

Purpose:

enables independent third party party, including a government custodian, to assume and carryout y responsibilities p for controls and maintenance

- Requirements for amounts and mechanisms (e.g., government entity statement of intent) 9

RESTRICTED RELEASE ADVICE FROM AFFECTED PARTIES

• 10 CFR 20.1403 (d)

• NUREG- 1757 Vol. 1

• Seek advice from affected parties on specific questions

• incorporate incorporate as appropriate appropriate ,

• Provide a publicly available summary of discussions, d scuss o s, a and d docu document e t ad advice ce in tthe e

decommissioning plan 10

RESTRICTED RELEASE DOSE CRITERIA

• 10 CFR 20.1403 ((b)) and ((e))

• NUREG-1757, Vol. 2

• ICs in effect: 25 mrem/yr plus ALARA

• If ICs no longer in effect ((dosedose caps) caps )

o Assumption of immediate and total failure o ALARA o 100 mrem/yr or o 500 mrem/yr Further reductions in residual radioactivity necessary to comply with 100 mrem/yry are not technicallyy achievable,, prohibitively p y expensive, or would result in net public or environmental harm o If ICs fail NRC retains authority to take action (SOC) 11

RESTRICTED RELEASE ALTERNATE CRITERIA

• Alternate criteria license termination

- 10 CFR 20.1404

- NUREG-1757, Vol. 1; Rev. 2

- Alleviates the need for exemptions for exceeding doses listed below (SOC)

- Exceed 25 mrem/yr (1402, 1403(b), 1403(d)(1)(i)(A))

- Not to exceed 100 mrem/yr from all man-made sources

- Restrictions required per 1403; reduce doses to ALARA

- Commission approval after considering public and EPA comments

• Exemptions

- Consider granting exemptions

- WVPS: if LTR compliance is technically impractical or prohibitively expensive, but maintain protection 12

NO LICENSE TERMINATION

• Keepp under license

- SOC: Alternative to license termination if requirements cannot be met

- WVPS: longlong-term term or perpetual license where LTR requirements are technical impractical or prohibitively expensive

- NUREG-1757, NUREG 1757 Vol Vol. 1; Rev Rev. 2 2, Section 17 17.77 and Appendix M

• Possession only license for long-term control approved by Commission

• Last resort (e.g., if independent third party requirement is not met) 13

RESTRICTED RELEASE CONCLUSION

• A system of controls to ensure safety

- 25 mrem/yr with restrictions

- Legally enforceable and durable ICs

- EBs designed for site

- Monitoring and maintenance; 5-year rechecks

- Independent third party/government backup to site owner/custodian

- Financial assurance for third party

- Dose caps if ICs fail: safety net

- Remain licensed, if needed 14