ML22012A068

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Response to SRM-S20-0095 - PRM-50-119 - Letter to Petitioner for Denial of Petition for Rulemaking to Access the Decommissioning Trust Fund for the Disposal of Large Components
ML22012A068
Person / Time
Issue date: 01/24/2022
From: Annette Vietti-Cook
NRC/SECY
To: Gerard van Noordennen
EnergySolutions
Sahle, Solomon
Shared Package
ML22012A051 List:
References
DENIAL, NRC-2019-0083, PRM-50-119, SRM S20-0095
Download: ML22012A068 (1)


Text

January 24, 2022

Mr. Gerard P. Van Noordennen Energy Solutions, LLC 299 South Main Street, Suite 1700 Salt Lake City, UT 84111

Dear Mr. Van Noordennen:

I am responding to your petition for rulemaking (PRM) dated February 22, 2019 (Agencywide Documents Access and Management System Accession No. ML19079A293). The petition, docketed by the U.S. Nuclear Regulatory Commission (NRC) as PRM 119, requested that the NRC revise its regulations to allow access to the decommissioning trust fund for the removal of major radioactive components before the permanent cessation of operations and revise the definition of decommissioning.

The NRC published a notice of docketing and request for comment in the Federal Register on June 12, 2019 (84 FR 27209). The public comment period closed on August 26, 2019. The NRC received a total of six public comment submissions from the general public and industry, with five commenters supporting the petition and one commenter opposing the petition.

The NRC considered the petition, public comments, and the concerns raised therein, and finds that the petition does not raise a significant safety or security concern, and this subject area is adequately covered by existing NRC regulations. Therefore, the NRC is denying PRM-50-119 because existing NRC regulations provide reasonable assurance of adequate protection of public health and safety. Upon publication of the enclosed notice, the NRC will close the docket for PRM-50-119.

The NRC tracks the status of all PRMs on its Web sites at https://www.nrc.gov/reading-rm/doc-collections/rulemaking-ruleforum/petitions-by-year.html and https://www.nrc.gov/about-nrc/regulatory/rulemaking/rules-petitions.html. The notice and the public comments that were submitted on the petition can be found at www.regulations.gov under Docket ID NRC-2019- 0083.

If you have any questions regarding this matter, please direct them to Solomon Sahle, by calling 301-415-3781 or by e-mailing Solomon.Sahle@nrc.gov.

Sincerely,

Annette L. Vietti-Cook Secretary of the Commission

Enclosure:

Federal Register notice