ML20216D333

Forwards OMB Clearance Package & Fr Notice for Final Rulemaking,Rev to 10CFR20,30,40,70 & 72, Record Retention Requirements. Comments & Requests from 951115 Memo Addressed

ML20216D333
Person / Time
Issue date:	12/08/1995
From:	Glenn J NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
To:	Shelton B NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML20216C659	List: ML20216C653 ML20216C745 ML20216C835 ML20216C865 ML20216C918 ML20216D011 ML20216D051 ML20216D060 ML20216D078 ML20216D109 ML20216D132 ML20216D170 ML20216D318 ML20216D333 ML20216D369 ML20216D404 ML20216D432 ML20216D445
References
FRN-61FR24669, RULE-PR-20, RULE-PR-30, RULE-PR-40, RULE-PR-61, RULE-PR-70, RULE-PR-72 AF17-2-022, AF17-2-22, NUDOCS 9709090290
Download: ML20216D333 (47)

Text

- - --_ - -- - - -

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. December 8, 1995 TDL e

MEMORANDUM 10: Brenda J. Shelton, Chief Information and Records Management Branch

, Division of Information Support Services Office of Information Resources Management FROM: for John E. Glenn, Chief Of fhenyld.pttler -,

Radiation Division of Protection Regulatoryand Health EffdcGirNmh Application Office of Nuclear Regul:t:ry R;.3earch

SUBJECT:

FINAL RULEMAKING - REVISION TO 1020, CFR 30,PARTS 40, 70, AND 72 RECORD RETENTION REQUIREMENTS Attached is the OMB Clearance package and Federal Register notice for the subject rulemaking.

We have addressed the comments and requests of your November 15, 1995 memo.

Please note that the rule language has been changed substantially from the Office Cor. :rrence version.

Mary L. Thomas is the staff contact for this activity if you have any additional comments.

Attachment:

OMB Clearance package Federal Register notice OFFICE RPHEB RPHEB f NAME MLThomas 4^/

DATE JEGlen h f u 12/0/95 12/47/95 0 0FFICIAL RTCORD COPY 9709090290 970904 PDR PR -

4, ,g 206)FR24669 p,

PDR

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p*- t UNITED STATES g

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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555 4 01 4

9 . . . . , ,8 ,

December 8, 1995 MEMORANDUM T0: Brenda J. Shelton, Chief . .

Information and Records Management Branch Division of Information Support Services Office of Information Resources Management .

FROM:

John E. Glenn, ChiefRadiation //,b._a &

Protection nd H t fects Bran Division of Regulatory Application Office of Nuclear Regulatory Research

SUBJECT:

FINAL RUI.EMAKING - REVISION T0 10 CFR PARTS 20, 30, 40, 70, AND 72, RECORD RETENTION REQUIREMENTS Attached is the OMB Clearance package and Federal Register notice for the subject rulemaking. We have addressed the comments of your November 15, 1995 memo. Please note that the rule language has been changed substantially from the Office Concurrence version. Mary L. Thomas is the staff contact for this activity if you have any additional comments.

Attachment:

OMB Clearance package Federal Register nctice

.=

[7590-01-P]

NUCLEAR REGULATORY COMMISSION Documents Containing Reporting or Recordkeeping Requirements: Office of -

Management and Budget Review AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of the OMB review of information collection.

SUMMARY

The Nuclear Regulatory Commission (NRC) has recently submitted to 0MB for review the following proposal for collection of information under the provision of the Paperwork Reduction Act (44 U.S.C. Chapter-35).

1. Type of submission, new, revision, or extension: Revision.

2. The title of the information collection: 10 CFR Parts 20, 30, 40,

= 61, 70, and 72, Termination or Transfer of Licensed Activities:

Recordkeeping Requirements.

3. The form number if applicable: Not applicable.

4. How often is the collection required: A one-time transfer of records pertaining to decommissioning, offsite releases, and waste disposal to the responsible licensee when licensed activities are

eh

,. transferred or assigned to another licensee, in accordance with the terms of the license. A one-time forwarding of records pertaining to decommissioning, offsite releases, and waste disposal to the cognizant regulatory body once a license is terminated. There will also be a one-time forwarding of records concerning low-level waste facilities't'o the disposal site owner once the facility is closed and the license transferred to the disposal site owner, and a one-time forwarding of records to the cognizant regulatory body and the party responsible for institutional control of the site once that body terminates the license.

5. - Who will be required or asked to report: Part 20, 30,'40, 61, 70 and 72 NRC and Agreement State licensees who are transferring, assigning, or terminating their licenses.

6. An estimate of the number of responses: 19,800.

7. The estimated number of annual respondents: 902 per year.

-- 8 .

An estimate of the number of hours needed annually to complete the requirement or request: 4,941 hours0.0109 days <br />0.261 hours <br />0.00156 weeks <br />3.580505e-4 months <br /> for all 902 licensees affected by the rule or a maximum of 9 hours1.041667e-4 days <br />0.0025 hours <br />1.488095e-5 weeks <br />3.4245e-6 months <br /> per licensee.

9. An indication of whether Section 3507(d), Pub. L.104-13 applies:

Applicable.

2

,. 10. - Abstract: The Nuclear Regulatory Commission (NRC) is amending its

, regulations pertaining to the disposition of certain records when a licensee terminates licensed activities or. licensed activities are transferrr.d to another licensee. The final rule requires a licensee to transfer records pertaining to decommissioning, and ....

certain records pertaining"t'o offsite releases and waste disposal,.

to the new-licensee if licensed ar.tivities will' continue at the same site, and it requires the new 1,censee to forward these same records to the NRC before the license is terminated.

Submit, by (insert date 30 days after publication in the Federal Reaister),

comments that address-the following question:

1, is the proposed collection of information necessary for the NRC to properly perform its-functions? Does the information have practical utility?

2. Is the burden estimate accurate?

3. Is there a way to enhance the quality,. utility, and clarity of the information to be collected?

4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology?

3

i A copy of the submittal may be viewed free of charge at the NRC Public

. Document Room, 2120 L Street, NW (lower level), Washington, DC 20555,-0001.

Members of the public who are in the Washington, DC, area can access this document via modem on the Public Document Room Bulletin Board (NRC's Advances

, Copy Document Library), NRC subsystem at FedWorld, 703-321-3339. Members of the public who are located obt' side of the Washington, DC, area can dial FedWorld, 1-800-303-9672), or use the FedWorld Internet address: fedworld. gov (Telnet). The document will be available on the bulletin board for 30 days after the signature date of this notice. If assistance is needed in accessing the document, please contact the FedWorld help desk at 703-487-4608.

4 4

Comments and questions should be directed to the OMR reviewer by (insert date l

30 days after publication in the Federal Register):

Troy Hillier Office of Infonnation and Regulatory Affairs (3150-0014, 3150-0017, 3150-0020, 3150-0009, and 3150-0132, 3150-0135)

NE0B-10202 Office of Management and Budget Washington, DC 20503 Comments can also be submitted by telephone at (202) 395-3084.

The NRC Clearance Officer is Brenda J. Shelton, (301) 415-7233.

Dated at Rockville, Maryland, this day of , 1995.

For the Nuclear Regulatory Commission.

Gerald F. Cranford, Designated Senior Official for Information Resources Management.

5 i

, SUPPORTING STATEMENT FOR 10 CFR Parts 20, 30, 40, 61, 70 and 72 TERMINATION OR TRANSFER OF LICENSED ACTIVITIES: RECORDKEEPING REQUIREMENTS FINAL RULE Description Of The Information Collection The revised amendments to 10 CFR 30, 40, 70 and 72 will require all materials licensees to transfer records pertaining to decommissioning to the new licensee when licensed activities are transferred or assigned in accordance with site. theIf terms of the license to continue licensed activities at the same the license is to be terminated the rule would require the licensee to forward records pertaining to decommissioning to the NRC. The revised amendments to 10 CFR 20, 30, and 40 will require licensees authorized to possess radioactive material, with a nalf-life greater than 120 days, in an unsealed form, to transfer records pertainiag to offsite releases and waste disposal to the new licensee when licensed ictivities are transferred or assigned in accordance with the terms of thu license to continue licensed activities at the same site. If the license is to be terminated the rule would require that licensee to forward these records to the NRC. The revt. sed amendments to 10 CFR 70 will require licensees to transfer records pertaining to offsite releases and waste disposal to the new licensee when licensed activities are transferred or assigned in accordance with the terms of the license to continue licensed activities at the same site. If the license is to be terminated the rule would require that licensee to forward these records to the NRC. The revised amendments to 10 CFR 72 will require licensees to transfer records pertaining to offsite releases to the new licensee when licensed activities are transferred or assigned in accordance with the terms of the license to continue licensed activities at the same site. If the license is to be terminated the rule would require that licensee to forward these records to the NRC. In addition, the rule would require that records concerning low-level waste facilities be transferred to the disposal site owner when the facility is closed and the license is transferred and to forward these records to the NRC or the party responsible for institutional control when the NRC terminates the license and the party responsible for institutional control takes over the disposal site.

A. JUSTIFICATION

1. Need and practical Utility for the Collection Of Information The information described above is necessary for the new licensee to effectively decommission the facility when a license is transferred or re-assigned and licensed activities will continue at the same site. The information described above is also necessary for the NRC to evaluate offsite consequences from a licensee's operation.

____.__J

6 20.2108(b) currently requires licensees to retain records of waste disposal. This paragraph has bcen amended to include additional requirements for the disposition of the records required by this section in 10 CFR Parts 30, 40, and 70 for certain licensees. This information is needed to assess '

possible risks associated with licensed activities once a license is .

transferred, re-assigned, or terminated otherwise the information might not be available. The licensee shall retain the records until the Commission terminates the license.

.6 6 30.Jbtai ano 40.36(f) add a requirement for the licensee to transfer all decou.nl..ivair 9 records to the new licensee, and the new licensee to maintain the records until the license is terminated, if licensed activities will continue at the same site and the site has not been released for unrestricted use. This transfer of records is necessary to ensure that adequate information will be available to develop a site characterization plan to effectively decommission the site.

6 30.51(d) adds a reouirement for licensees authorized to possess radioactive material, with a half-life greater than 120 days, in an unsealed form, to forward to the NRC Regional Office records pertaining to offsite releases and' waste disposal prior to license termination. This forwarding of records is necessary to ensure that adequate information will be available to evaluate offsite consequences, and ensure the site is decommissioned effectively..

6 30.51(e) adds a requirement for licensees authorized to possess radioactive material, with a half-life greater than 120 days, in an unsealed form, to transfer to the new licensee records pertaining to offsite releases and waste disposal prior to license transfer or re-assignment. This transferring of records is necessary to ensure that adequate information will be available to effectively decommission the facility.

6 30.51(f) adds a requirement for all licensees to forward records pertaining to decommissioning, as stated in 6 30.35(g) to the NRC Regional Office prior to license termination. This forwarding of records is necessary to ensure that adequate information will be available to evaluate offsite consequences, and ensure the site is decommissioned effectively.

6 40.61(d) adds a requirement for licensees authorized to possess source material, in an unsealed form, to forward to the NRC Regional Office records pertaining to offsite releases and waste disposal prior to license termination. This forwarding of records is necessary to ensure that adequate information will be available to evaluate offsite consequences, and ensure the site is decommissioned effectively.

1_40.61(e) adds a requirement for licensees authorized to possess source material, in an unsealed form, to transfer to the new licensee records pertaining to offsite releases and waste disposal prior to license transfer or re-assignment. This transferring of records is necessary to ensure that adequate information will be available to effectively decommissioned the facility.

2

l

• 6 40.61(f) adds a requirement for all licensees to forward records pertaining I to decommissioning, as stated in i 40.36(f) to the NRC Regional Office prior L

to license termination. This forwarding of records is necessary to ensure that adequate information will be, available to evaluate offsite consequences, and ensure the site is decommissioned effectively. '

3 61.30(a)(31 requires the licensee to transfer any funds for care and records _ required by ll 61.80(e) and (f) to the disposal site owner upon transfer of-the license to the disposal site owner. This transfer of. funds and records is necessary to ensure that adequate funding and information will be 'available to maintain the disposal site."

l 61.31(c)(3) requires the licensee to transfer the records required by 6 6 61.80(e) and (f) to the party responsible for institutional control of the disposal site and a copy be sent to the NRC Regioan1 Office immediately prior to license termination. This transfer of records is necessary to ensure that adequate information will be available after the disposal site has been closed.

170.51(b)(61 adds a requirement for licensees to forward to the NRC Regioanl Office records pertaining to decommissioning, offsite releases, and waste disposal prior to license termination. This forwarding of records is necessary to ensure that adequate information will be available to evaluate offsite consequences, and ensure the site is decommissioned effectively, s 70.51(b)(7) adds a requirement for licensees to transfer to the new licensee records pertaining to decommissioning, offsite releases, and waste disposal prior to license transfer or re-assignment. This transferring of records is necessary to ensure that adequate information will be available to effectively decommissioned the facility.

9 72.80(e) adds a requirement- for licensees to forward to the NRC Regional Office records pertaining to decommissioning and offsite releases prior to

-license termination. This forwarding of records is necessary to ensure that=

adequate information will be available to evaluate offsite consequences, and ensure the- site is decommissioned effectively.

9 72.80(f) adds a requirement for licensees to forward to the NRC Regioanl Of fice records pertaining to decommissioning and offsite releases prior to license transfer or re-assignment. This transferring of records is necessary to ensure that adequate information will be available to effectively decommissioned the facility.

2. Agency Use of Information.

This rule is a matter of compatibility between the NRC and the Agreement States. Providing information on waste disposals, offsite releases, and decommissioning to the cognizant regulatory body is necessary in the event it becomes necessary to evaluate offsite consequences after a license has been terminated.

3

i

3. Reduction of Burden Throuah Information Technology.

There is no legal obstacle to the use of information technology. - Moreover, the NRC encourages its use. It is expected that none of the submittals will be electronic. .

4. Effort to identify Duolication and Use Similar Information.

The Information Requirements Control Automated System was searched to determine-duplication. No duplication was founu. There is no similar information available to the NRC.

5. Effort to Reduce Small Business Burdgn.

-Only a small number of the licensees expected to be affected by these requirements are classified as small businesses and the burden on these small businesses is small. The information actions are basic for all licensees and cannot be reduced any further.

6. Consecuences to Federal Proaram or Policy' Activities if the Collection is Not Conducted or Is Conducted less Freauentiv.

-Required information is collected upon the intent of licensees to transfer or re-assign their license. Required information is collected and evaluated only upon the intent of licensees to terminate their license, The schedule for .

i collecting the information is the minimum frequency which will permit NRC to ensure.that the public health and safety are adequately protected.

7. Circumstances Which Justify Variation from OMB' Guidelines.-

Contrary to OMB Guidelines licensees are being_ required to retain records for the life of the license. These records are required in order to ensure that NRC's health 'and safety regulations are being adhered to and that the public health and safety is being protected.

8. Consultations Outside the Aaency.

The proposed rule was published in the Federal Reaister for public comment on December 28, 1994 (60 FR 66814). The final rule was modified in response to comments received and considerably reduces the burden to licensees.

9. Payment or Gifts to Respondents.

Not applicable.

10. Confidentiality of Information.

NRC-provides no pledge of confidentiality for this collection of information,

11. Justification for Sensitive Ouestions.

These regulations do not pose sensitive questions.

4

12. Estimate of Burden and Burden Hours Cost.

The final rule has reduced the burden from 6,690 hours0.00799 days <br />0.192 hours <br />0.00114 weeks <br />2.62545e-4 months <br /> in the proposed rule to

m. 4,941 hours0.0109 days <br />0.261 hours <br />0.00156 weeks <br />3.580505e-4 months <br />. See Table 2. Total cost for licensees is estimated at $405.243.

13. Estimate of Other Additional Cost.

N/A

14. Estimated Annualized Cost to the Federal Government. '

The NRC is expected to receive about 902 responses annually as a result of this rulemaking. Assuming that the staff requires u. average of 8.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> to index, verify, prepare for Storage each licensee submittal, consisting of 4.5 hours5.787037e-5 days <br />0.00139 hours <br />8.267196e-6 weeks <br />1.9025e-6 months <br /> of clerical time, at a cost of $45 per hour, and 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> of professional time, at a cost of $116 per hour, the annual cost to the NRC is estimated to be $495,613.50. This cost is fully recovered by fee assessments pursuant to 10 CFR Parts 170 and/or 171.

15. Reasons for Chance in Burden or Cost.

The change in burden is due- to the revision of 10 CFR Parts 20, 30, 40, 61, 70, and 72. The final rule reduces the burden in response to comments received on the provisions of the proposed rule. The number of licensees that would be affected each year has been reduced from 1,716 in the proposed rule to 902. While all 902 affected licensees will have to transfer or forward records pertaining to decommissioning, those licensees that possess 10 CFR Part 30 or 40 licenses allowing material in an unsealed form and those licensees that-possess a 10 CFR Part 70 will have to transfer or forward records pertaining to offsite releases and waste disposal. Those licensees-

-that possess a 10 CFR-Part 72 license will have to transfer or forward records pertaining to offsite releases.

-16. Publication for Statistical Use.

This information is not published for statistical use.

17. Reason for Not Displayina the Expiration Date.

The requirement will be contained in a regulation. Amending the Code of Federal Regulations to display information that, in an annual publication, could become out of date would confuse the public.

18. Exceptions to the Certification Statement.

Not applicable. ~

8. COLLECTION OF INFORMATION EMPLOYING STATISTICAL METHODS Statistical methods are not used in this collection of information.

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U.S. NUCLEAR HEGulAToRY Commission

' PROGR A.M OFFICIAL C O.tTIFICATION FOR PROPOSED COLLECTION OF INFORMATION TITLE OF COLLECTION .

I cortify that the proposed collection of information -

Progtsm Official should answet the following questions and certify responses by signing below:

YEs No NIA

1. Reduces to the extent practicable the burden, including with respect to small entities, using techniques sucu as; (1) establishing differing timetables or reporting /fj requirements to eccount for available resources, (2) clarifying, consolidating, or g -

simplifying reponing requirements, and (3) exempting entities from all or part of the information collection requirement. [ m....

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2. Is written using plain, coherent, and unambiguous terminology and is understandable

, to respondents. y g 7#T4

3. Will be irnplemsated in ways consistent and compatible, to the maximum extent M

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practicable, with respondents' existing reporting and recordkeeping practices.

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4. Has been developed by an office that has planned and allocated resources for the e

efficient and effective management and use of the information, including processing the information in a manner to enhance, where appropriate, the information's v?ility to agoncies and the public.

5. Uses ef fective, efficient, and appropriate statistical survey methodology.

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6. To the maximum extent practicable, uses information technology to reduce burden and improve data quality, agency efficiency and responsiveness to 'he public. A '

7. Is necessary for NRC to properly perform its functions, and that the information has practical utility. y

8. Is not unnecessarily duplicative of information otherwise reasonably accessible to the agency. V

9. Indicates for each recordkeeping requirement the record retention. S

10. Informs potential respondents why the information is being collected; its necessity to the agency's performance; provides an estimate of and request for comment on the burden; indicates whether responses are mandatory, voluntary, or required to obtain a benefit (citing authority); confidentiality (citing authority); and the fact that an agency Y may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid control number.

Program Office Official Date (Signature)

(Type or print name)

N'tC FOHM 6 20 t 5 0-99

O NRc IoRM e20 v.S. NuCLEAn REGulATr AY Commission PROGRAM OFFICIAL CERTIFICATION FOR PROPOSED COLLECTION OF INFORMATION Ti1LE OF COLLECTION I certify that the proposed collection of information --

Prograrti Olnmal should answer the following questions and certify responses by signing below:

YES No N/A 1.

Reduces to the extent practicable the burden, including with respect to small entities, M using techniques such as; (1) establishing differing timetables or reporting ]g requirements to account for available resources, (2) clarifying, consolidating, or ,W q

simplifying reporting requirements, and (3) exempting entities from all or part of the information collection requirement. - A 3F 2.

Is written using plain, coherent, and unambiguous terminology and is understandable to respondents.

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3. Will be implemented in ways consistent and compatible, to the maximum extent N7 practicable, with respondents' existing reporting and recordkeeping practices.

4 k$fj Has been developed by an office that has planned and allocated resources for the efficient and effective management and use of the information, including processing Igg the information in a manner to enhance, where appropriate, the information's utility to QT agencies and the public, 4' S.

Uses effective, ef ficient, and appropriate statistical survey methodology, G. To the maximum extent practicable, uses information technology to reduce burden and

' improve data quality, agency efficiency and responsiveness to the public. < $5 '

7.

Is necessary for NRC to properly perform its functions, and that the information has -

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practical utility.

8.

Is not unnecessarily duplicative of information otherwise reasonably accessible to the agency.

9. Indicates for each recordkeeping requirement the record retention.

10.

Informs potential respondents why the information is being collected; its necessity to '

the agency's performance; provides an estimate of and request for comment on the burden; indicates whether responses are mandatory, voluntary, or required to obtain a

A benefit (citing authority); confidentiality (citing authority); and the fact that an agency may not conduct or sponsor, and a person is not required to respond to, a collection of '

information unless it displays a currently valid control number, W Program Office Official Date (Signature)

(Type or print name)

NRC FOHM 670 HO 95)

. [7590-01-P]

NUCLEAR REGULATORY COMMISSION 10 CFR Parts 20, 30, 40, 61, 70, and 72 RIN: 3150-AF17 Termination or Transfer of Licensed Activities: Recordkeeping Requirements -

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

SUMMARY

The Nuclear Regulatory Commission (NRC) is amending its regulations pertaining to the disposition of certain records when a licensee terminates licensed activities or licensed activities are transferred to another licensee. The final rule requires a licensee to transfer records pertaining to decommissioning, and certain records pertaining to offsite releases and waste disposal, to the new licensee if licensed activities will continue at the same site, and it requires the new licensee to forward these Esame records to the NRC before the license is terminated.

EFFECTIVE DATE: (30 days after publication).

FOR FURTHER INFORMATION CONTACT: Mary L. Thomas, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, . Washington DC 20555-0001, telephone (301) 415-6230, e-mail MLT10NRC.G0V, l

SUPPLEMENTARY INFORMATION:

I. Background While evaluating an incident involving some offsite contamination, the NRC' identified a deficiency in the current recordkeeping requirements. The NRC was unable to determine how much radioactive material was' released to a

• sanitary sewerage system because records of previous releases by the original holder of the license were not available. In addition, the-regulations were unclear with regard to the final disposition of these records when licensed activities have ceased and the license is terminated. A proposed rule requiring licensees to forward certain records to the NRC once licensed activities ceased, or to a new owner if they would be taking over licensed activities, was published for comment in the Federal Register on December 28, 1994 (59 FR 66814).

I I , Discussion of comments and summary of requirements in the final rule This section. includes-a discussion of the significant issues raised by public' comment and how they were addressed. Six comment letters were received on the proposed rule,.3 from Agreement States, 2 from licensees, and one from

-a public interest-group. Three support'ed the proposed rule, and three (from ,

IAgreement States)-questioned the benefit in adopting these requirements.

Public Comments

1. Need for the rule and expected benefit.

Comments. Two commenters stated that the NRC has not demonstrated the need for the rule on the basis of one incident. They also stated that the NRC

_ - - _ - 1

did not demonstra*' how the proposed regulations and their commensurate costs would assist licensees, the NRC, and the Agreement States in the analysis of the environmental impact from the site. They requested that the NRC provide data that permits evaluation of the actual impact of these regulations.

These same commenters stated that the usefulness of the records in the decisionmaking process should also be demonstrated in each case. They - -

referred to the Objective Section of the Draft Regulatory Analysis, which stated that these records "...will provide the NRC with the information needed to assess possible risks associated with licensed activities once a licensee I.as terminated its license." They believed that this assumption is generally false, and that even if sewer release records were available, an independent evaluation of the environment would still be required.

Resnonsa. .The intent of the proposed rule was to ensure that records that are required by current regulations to be retained by licensees during licensed operations are available in the event that safety concerns arise after license termination regarding any offsite consequences found to have resulted from licensed operations. Since the NRC may not be able to determine what problems'will arise in the future, the best course of action is to have the records available after the license is terminated. :The proposed rule specified .that the records used by the licensee to demonstrate compliance with the public dose limits and limits on waste disposals were to-be forwarded to the NRC prior to license termination or to the new owner if licensed operatioas were to continue at the site under a new or amended license. In addition, the proposed rule specified that records important for decommissioning be-provided to the new licensee prior to license reassignment or transfer. As_ discussed below, in addition to decommissioning records, the 3

records included in the final rule are: results of offsite release measurements and calculations under i 20.2103(b)(4); and waste disposals authorized under ll- 20.2202, 20.2203, 20.2204, and 20.2205.

In order for the NRC to determine that a licensee has effectively decommissioned its facility, and to authorize license termination, the NRC will review the licensee's evaluation of. previous releases to the einvi vo.acn'c

(

and waste disposals to determine whether there-is a need for the licensee to remediate significant offsite contamination as a result of past licensed activities prior to license termination. Licensees are already required to  !

keep'these records until license termination.

When transfer of a license to a new entity is approved by the 1 Commission, certain records related to offsite releases of material, including waste disposals, would be needed by the new licensee prior to decommissioning to determine areas where remediation may be needed. In addition,.there may be circumstances where it will be necessary for the NRC or other government agencies to-evaluate the effects of licensed operations on the environment.

Although other information would also be needed to perform an environmental analysis, access to these records would be useful in evaluating potential l.

sources of contamination.

-The NRC has re-evaluated the impact of this regulation in the Regulatory Analysis. The records required to be transferred are the records that the licensee is already required to retain until license termination. The burden associated with this rulemaking relates to transfer and subsequent storage of records, and as discussed in the Regulatory Analysis, is not found to be significant.

4 S

The final rule has been modified to specify that only decommissioning records and records of offsite releases and waste disposals need to be i

forwarded to the new licensee in the event of license transfer or re-assignment and that these are the only records that need to be provided to the NRC at license termination. In addition, only licensees authorized to possess unsealed source material or unsealed byproduct i ate ial hilh half-lives greater than 120 days (i.e., licensees that have a potential for significant contamination) will be required to provide records to the new licensee in the event of re-assignment or transfer and to the NRC at license termination. The use of a 120 day half-life for byproduct material was chosen because radioactive material with half-lives less than 120 days would be completely decayed in a few years, and corresponds to the value currently used to determine which licensees must have a decommissioning funding plan. This change in the final rule was made to reduce the burden on a number of licensees that routinely use only sealed sources and, in the case of byproduct material, short-lived isotopes (less than 120 days). Licensees authorized to possess only sealed sources would still be required to retain records of spills involving source ruptures, under current decommissioning recordkeeping requirements. The final rule will require all licensees to forward decommissioning records to the NRC at license termination. Using this criteria the number of licensees affected annually by this rulemaking has decreased from approximately 1700 in the proposed rule to 1100 in the final l

rule.

5

.4 -

2. Agreement State Compatibility.

-Comment. One commenter stated (1) that there was no basis for a Division 2 level ~of compatibility and (2) that an Agreement State could use other methods, such as actual surveys, to confirm that there was no offsite contamination. In addition, the commenter stated that other costs associated with the proposed rule have not been considercd, :cch-:s costs associated with- --

inspections, and while the NRC may be able to absorb these costs in "non-core portions of the inspection program," Agreement States do not have this luxury.

Resnonse. The Commission still believes that this rule should be assigned a Division 2 compatibility level for most of the new requirements.

The final rule assigns a Division 3 compatibility level for the requirement that records be provided- to the regulatory agency prior to license termination. While the NRC believes that it-would be prudent for Agreement States to adopt a similar requirement, the final rule assignment of a Division 3 compatibility level for this requirement provides the flexibility for each State to determine which records should be provided to the regulatory agency and retained by it at license termination.

The NRC believes retention of these records will aid in the resolution of potential safety concerns that may be identified after license termination,-

and also recognizes that an Agreement State without an equivalent requirement for record retention has the ability to resolve potential future safety concerns. However, this-can be achieved by conducting radiological surveys at the formerly licensed site. Without the records, these surveys may need to be greater in number and may be more costly, but the absence of retained records will not preclude an Agreement State from adequately-assessing future safety Concerns.

6

{

. , =

Because the Commission has reduced the burden of this rule by limiting the number of licensees affected by this rule, the inspection burden on the Agreement States should not be significantly increased. It is unlikely that any State will have more than 2-3 transfers per year. With respect to other costs, the reporting burden reflects that the time required to index, review, ,

and store-the required records h:s b::n 70 calculated to be 9 hour1.041667e-4 days <br />0.0025 hours <br />1.488095e-5 weeks <br />3.4245e-6 months <br />s-per license transfer and 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> per licensee submittal at termination.

3. Regulatory Alternatives.

Comment. Two commenters stated that the NRC failed to identify regulatory alternatives that would be as effective as the proposed rule while placing less burden on licer. sees, the NRC, and Agreement States. As noted in the discussion of Issues 1 and 2, the commenters concluded that any benefit from the proposed rule is questionable. They stated that specific regulatory alternatives that should be considered include, but are not limited to:

a. Perform separate evaluations for the utility of requiring records for offsite releases and for waste disposal, and making independent judgments.

b. Consider limiting the scope of the rules to address only those facilities that possess unsealed sources with long half-lives.

c. Consider all records being provided to the NRC, rather than requiring Agreement States to maintain the records,

d. Eliminate transferring 10 CFR 20.2005 type records (disposal of specific wastes, in quantities less than or equal to 1.85 kilobecquerels per gram of tritium or carbon-14 in scintillation fluids or animal tissue).

Besponse. _The Commission considered possible alternatives to rulemaking. These are addressed in the Regulatory Analysis prepared for this 7

_ _ _ _ _ _ _ . _ _ J

I e

rule. The following information is provided with respect to the specific recommendations of the commenters:

~

(a) The NRC reconsidered the scope of the proposed rule and decided to limit the records required to those needed to support decommissioning. The Commission has already evaluated the impact and need for decommissioning records in promulgating a fi.,sb .ule addressing recordkeeping requirements for decommissioning (58 FR 39628).

The records included in the final rule are decommissioning records, records of waste disposals that would be permitted under il 20.2002 (including any burials authorized before January 28, 1981), 20.2003, 20.2004, 20.2005, and results of measurements and calculations used to evaluate offsite releases (5 20.2103(b)(4)). These records would be helpful in evaluating the impact of a licensee's past activities. This information can be used by the new licensee receiving the records in developing decommissioning plans and by the regulatory agency to evaluate the adequacy of the licensee's decommissioning activities. With this change, the NRC concluded that for most licensees the overall number of records that would be required to be transferred to the new licensee should not exceed the capacity of several file drawers, even for a license that has been in effect for some time and, therefore, the overall burden associated with the transfer should be small, in addition, the rule permits storage of this information electronically. The final rule also requires that decommissioning records and certain records pertaining to offsite releases and waste disposal be forwarded to the NRC or the appropriate Agreement State prior to license termination.

(b) The NRC has evaluated the suggestion to limit the scope of licensees covered by the rule and has revised the final rule and the 8

i

Regulatory Analysis' to reflect that, for licenses authorized under Parts 30 or-

'40, the rule only affects those licensees authorized to possess unsealed byproduct' material with half-lives greater than 120 days or unsealed source material. Licensees that use and possess sealed sources, or. unsealed.

byproduct material with short half-lives, are no longer affected by this rule.

As a result of thi: ch:nge, most medical licensees will not need to transfer records in the event of licen'se transfer, or re-assignment. Final records disposition for these licensees and others excluded by this rule will still be determined on a case-by-case basis by the NRC at the time of license-termination, (c) The purpose of this rulemaking is to assure that adequate records are _available to provide- historical information on previous licensed-operations in the event significant offsite contamination is detected after a-licensee has ceased operation of their facility. To provide flexibility to the Agreement States, the sections of the final rule requiring transmittal of records to the NRC at license termination have been designated Division 3 compatibility level. Because the NRC's regulatory authority has been relinquished to the Agreement States for this material, it is appropriate that the Agreement States,- rather than the NRC, both determine which Agreement State licensee records should be retained-at license termination, and maintain those records.

(d) Records of waste disposals allowed by 9 20.2005 currently are required by 9-20.2108(b) to be retained until the Commission terminates each pertinent license requiring the record. The Commission is currently evaluating a petition for-rulemaking that requests a revision to_s 20.2005 '

-pertaining.to waste disposal. This petition is currently on hold until 9

t -- ..--

finalization of the' rulemaking addressing radiological criteria for-

decommissioning. In light of this, we will consider this comment in resolving this petition. .

4. Public Access To Information.

C: metal One commenter was concerned that the Commission overlooked the benefits which could result from simple, inexpensive-to-implement requirements enhancing public access to information. This commenter noted that enhanced public access to information is an important (though not the only) reason for recordkeeping, in part because informed members of the public can play a significant role in ensuring that. regulatory actions are appropriate and timely. This commenter urged the Commission to consider enhanced public access to information as part of a coherent policy to protect important

-documentary information from loss.

Response. This rule requires that records pertaining to decommissioning and certain records pertaining to offsite releases and waste disposals be transferred to a licensee that takes over a previous licensee's business and that these records be-forwarded to the cognizant regulatory body prior to license termination, thereby protecting these records for future access. Once these records are forwarded to the NRC they will' be available through the -

Freedom of Information Act process, exclusive of any proprietary information.

5. Independent Spent Fuel Storage Installations and 10 CFR 72.30(d)

Requirements.

Comment.

One commenter stated that 10 CFR 72.30(d) addresses recordkeeping requirements for decommissioning for independent spent fuel 10

l l

storage installations and that-the NRC has proposed changes to this paragraph to address the transfer of licensed activities. This commenter questions why 10 CFR 50.75(g), which contains the same type of reco keeping requirements for decommissioning for production and utilization facilities, was not changed. The commenter believes this to be inconsistent and possibly an itadvertent omission by the NRC.

Bnpsnig. This rule only addresses materials licensees. The Commission is currently evaluating the need for additional rAemaking to address the broad issue of. transfers of reactor licenses. Any such rulemaking would also consider recordkeeping requirements.

t Summary of Reouirements of the Final Rule The final rule requires transfer of certain records pertaining to decommissioning, offsite releases, and waste disposal to a licensee that takes over operation-of licensed activities. These records include: those waste disposals that would-be permitted under il 20,2002 (including any burials authorized before January 28, 1981), 20.2003, 20.2004, 20.2005, and results of measurements and calculations used to evaluate offsite releases (620.2103(b)(4)). The new licensee will need these records in order to perform an adequate site characterization prior to decommissioning. Once the new entity is granted a license and accepts these records, they become subject to all regulations concerning termination and transfer. The final rule also requires' that these records be forwarded to the NRC prior to license termination. In selecting records to include in this rulemaking, the NRC focused attention on information that would be needed by licensees to conduct decommissioning effectively ind for the NRC to evaluate offsite consequences 11 l

from a licensee's operation, in addition, for certain records of offsite releases and waste disposals, the final rule has also been modified to apply to licensees only authorized to possess source and byproduct material with half-lives greater than 120 days, in an unsealed form.

Paragraph 20.2108(b) has'been amended to state that there are additional requirements for disposition of records in 10 CFR Parts 30, 40, 70, and 72. -Paragraphs 30.35(g) and 40.36(f) specify r9 cords that the Commission considers important to decommissioning. The NRC has revised these paragraphs to require the transfer of records pertaining to decommissioning to the new licensee. Paragraphs have been added to il 30.51, 40.61, 70.51, and 72.80 to clarify that records pertaining to decommissioning, offsite releases, and certain records pertaining to waste disposal be forwarded to the new licensee prior to license transfer or re-assignment, or to the NRC prior to license termination. Also, paragraphs have been added to il 61.30(a)(3) and 61.31(c)(1) to clarify that records required by il 61.80(e) and (f) are to be transferred to the disposal site owner, or to the party responsible for institutional control of the disposal site, respectively.

Finally, a new paragraph has been added to il 30.36, 40.42, 70.38, and

'72.54 to state that a license will not be terminated until the NRC receives the records required by revised il 30.51, 40.61, 70.51, and 72.80, 12

_ =

e . - -- -

___;_-_..__.m._

111. Agreement State Compatibility

~ '

1his rulemaking will be a matter of compatibility between the NRC and the Agreement States, thereby providing consistency of State and federal safety requirements. The NRC has determined that a Division 2 level of compatibility should be assigned to the changes to il 30.35, 40.36, 61.31, 70.25, and 70.38 because the records required by these sections are important to assure protection of pubile health and safety, and are important to ensure that facilities in Agreement States are effectively decommissioned. Under this level of compatibility the Agreement States will be expected to adopt recordkeeping requirements that are as stringent as NRC's, but they will be permitted flexibility in their requirements based on their radiation protection experience, professional judgments, and community values.

Revisions to il 30.51, 40.61, 61.80, and 70.51 that require records to be forwarded to the new licensee whenever a license is transferred or re-assigned will also be assigned a Division 2 level of compatibility for the reasons cited above. Other revisions to these sections addressing forwarding of records to the NRC prior to license termination will be assigned a Division 3 compatibility level. Under this level of compatibility the Agreement States will have the option to adopt similar requirements regarding final disposition of the records, but will not be required to adopt such requirements.

While NRC believes retention of these records will aid in the resolution of potential safety concerns that may be identified after license termination, it also recognizes that an Agreement State without an equivalent requirement for record retention has the ability to resolve potential future safety concerns. This can be achieved by conducting radiological surveys at 13

I

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the formerly licensed site. Without the records, these surveys may need to be greater in number and may be more costly, but the absence of retained records will not preclude an Agreement State from adequately assessing future safety concerns.

IV. Environmental Impact: Categorical Exclusion -

1he NRC has determined that this final rule is the type of action described as a categorical exclusion in 10 CFR 51.22(c)(3)(ii), recordkeeping requirements. Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.

V. Paperwork Reduction Act Statement This final rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).

These requirements were approved by the Office of Management and Budget, approval number 3150-0014, -0017. -0020, -0009, -0132, and -0135.

The public reporting burden for this collection of information is estimated to average 9 hours1.041667e-4 days <br />0.0025 hours <br />1.488095e-5 weeks <br />3.4245e-6 months <br /> per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments on any aspect of this collection of information, including suggestions for reducing burden. to the Information and Records Management Branch (T-6 F33), U.S. Nuclear Regulatory Commission, Washington, DC 20555-14

0001, and to the Desk Officer, Office of Information and Regulatory Affairs, NE0B-10202, (3150-0014, -0017, -0020, -0009, -0132, and -0135), Office of Management and Budget Washington, DC 20503.

Public Protection Notification Tne NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

VI. Regulatory Analysis lho NRC has prepared a regulatory analysis on this final rule. The analysis examines the costs and benefits of the alternatives considered by the NRC. The regulatory analysis is available for inspection at the NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, DC. Single copies of the analysis may be obtained from Mary L. Thomas, Office of Nuclear Regulatory Rosaarch, U.S. Nuclear Regulatory Commission, Washington, DC 20555-000), telephone: (301) 415-6230; email: HLT10NRC. GOV Vll. Regulatory Flexibility Certification in accordance with the Regulatory flexibility Act of 1980 (5 U.S.C.

605(b)), the Commission certifies that this final rule does not have a significant economic impact on a substantial number of small entities. The rulemaking imposes requirements on those licensees who are required to have decommissioning funding assurance and on licensees who are transferring their 15

I license to a new licensee. These changes require the transfer of records pertaining to decommissioning, and certain records cf waste disposals and off>lte releases', to the new licensee, in addition, the rule requires forwarding these records to the NRC at license termination. These records are already required to be maintained until the license is terminated by the Commission, and are needed to provida bidorical information of the impact of a previous licensee activities on the environment and decommissioning.

Vill. Backfit Analysis lhe NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to this final rule and, therefore, that a backfit analysis is not required for this rule because these amendments do not involve any provisions that would impose backfits as defined in 10 CFR 50.109(a)(1).

16

List of Subjects in 10 CFR Parts 20, 30, 40, 61, 70, and 72 10 CfR Part 20 -

Byproduct material, Criminal penalties, Licensed material. Nuclear materials, Nuclear power plants and reactors, Occupational safety and health, .

Packaging and containers, Radiation protection, Reporting and recordkeeping "

requirements, Special nuclear material, Source material. Waste treatment and disposal.

10 CFR Part 30 Byproduct material, Criminal penalties, Government contracts, Intergovernmental relations, Isotopes, Nuclear materials, Radiation protection, Reporting and recordkeeping requirements.

10 CfR Part 40 Criminal penalties, Government contracts. Hazardous materials transportation, Nuclear materials Reporting and recordkeep;ng requirements, Source material, Uranium.

10 CfR Part 61 Criminal penalties, Low-level waste, Nuclear materials, Reporting and recordkeeping requirements, Waste treatment and disposal.

10 CFR Part 70 Criminal penalties, Hazardous materials transportation, Material control and accounting, Nuclear materials, Packaging and containers, Radiation 17

i.

4 protection, Reporting and recordkeeping requirements Scientific equipment, Security measures, Special nuclear material.

10 CFR Part 72 Hanpower training programs, Nuclear materials, Occupational safety and health, Reporting and recordkeeping requirements, Security measures, Spent fuel.

for the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the following amendments to 10 CFR Parts 20, 30, 40, 61, 70, and 72.

PART 20--STANDARDS FOR PROTECTION AGAINST RADIATION

1. The authority citation for Part 20 continues to read as follows:

AUTit0RITY: Secs. 53, 63, 65, 81, 103, 104, 161, 182, 186, 68 Stat. 930, 933, 935, 936, 937, 948, 953, 955, as amended, sec. 1701, 106 Stat. 2951, 2952, 2953 (42 U.S.C. 2073, 2093, 2095, 2111, 2133, 2134, 2201, 2232, 2236, 2297f), secs, 20), as amended 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).

2. In 6 20.2108, paragraph (b) is revised to read as follows:

6 20.2108 Records of waste disposal _.

18

e (b) The licensee shall retain the records required by paragraph (a) of this section until the Commission terminates each pertinent license requiring

. the record. Requirements for disposition of these records, prior to license termination, are located in il 30.51, 40.61, 70.51, and 72.80 for activities licensed under these parts.

l PART 30--RULES Of GENERAL APPLICA8ILITY TO DOMESTIC LICENSING OF BYPRODUCT HATERIAL

3. The authority citation for Part 30 continues to read as follows:

AUTHORITY: Secs, 81, 82, 161, 182, 183, 186, 68 Stat. 935, 948, 953, 954. 955, as amended, sec. 234, 83 Stat 444, as amended (42 U.S.C. 2111, 2112, 2201, 2232, 2233, 2236, 2282); secs. 201, as amended. 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).

Section 30.7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123, (42 U.S.C. 5851).

Section 30.34(b) also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 30.61 also issued under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).

4 In 6 30.35, the introductory text of paragraph (g) is revised to read as follows:

4301.5 2 Financial assurance and recordkeepino for decommissioning.

(g) Each person licensed under this part or parts 32 through 36 and 39 of this chapter shall keep records of information important to the 19 I

l' decommissioning of a facility in an identified location until the site is released for unrestricted use. Before licensed activities are transferred or assigned in accordance with 5 30.34(b), licensees shall transfer all records described in this paragraph to the new licensee, in this case, the new licensee will be responsible for maintaining these records until the license is terminated. If records important to the decommissioning of a fecliity wru kept for other purposes, reference to these records and their locations may be used. Information the Commission considers important to decommissioning consists of --

5. In 6 30.36, paragraph (k)(4) is added to read as follows:

6 30.36 Exoiration and termination of licenses and decommissionina of sitet and separate buildinas or outdoor areas.

}

(k) * *

(4) Records required by 6 30.51(d) and (f) have been receiv.?d.

6. In 6 30.51, paragraphs (d), (e), and (f) are added to read as follows:

6 30.51 decords.

(d) Prior to license termination, each licensee authorized to possess radioactive material with a half-life greater than 120 days, in an unsealed form, shall forward the following records to the appropriate NRC Regional Office:

1 20

e I

(1) Records of disposal of licensed material made under il 20.2002 (including burials authorized before January 28, 19818), 20.2003, 20.2004, 20.2005; and (2) Records required by 620.2103(b)(4).

(e) If licensed activities are transferred or assigned in accordance with 6 30.34(b), each licensee authorized to possess radioatil w .iteierial, with a half-life greater than 120 days, in an unsealed form, shall transfer the following records to the new licensee and the new licensee will be responsible for maintaining these records until the license is terminated:

(1) Records of disposal of licensed material made under il 20.2002 (including burials authorized before January 28, 1981'), 20.2003, 20.2004, 20.2005; and (2) Records required by 620.2103(b)(4),

(f) Prior to license termination, each licensee shall forward the records required by I 30.35(g) to the appropriate NRC Regional Office.

PART 40--00MESTIC LICENSING OF SOURCE MATERIAL

7. The authority citation for Part 40 continues to read as follows:

AUTHORITY: Secs. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68 Stat. 932, 933, 935, 948, 953, 954, 955, as amended, secs lle(2), 83, 84, Pub. L 95-604, 92 Stat. 3033, as amended, 3039, sec. 234, 83 Stat. 444, as amended (42 U.S.C.

2014(e)(2), 2092, 2093, 2094, 2095, 2111, 2113, 2114, 2201, 2232, 2233, 2236,

' A previous % 20.304 permitted burial of small quantities of licensed materials in soil before January 28, 1981, without specific Commission authorization.

21

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2282); sec. 274, pub. L.86-373, 73 Stat. 688 (42 U.S.C. 2021); secs. 201, as amended. 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); sec. 275, 92 Stat. 3021, as amended by Pub. L.97-415, 96 Stat.

2067 (42 U.S.C. 2022).

Section 40.7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L.-- 102-486, sec. 2902, 106 Stat. 0100r (12 U.S.C. 5851).

Section 40.31(g) also issued under sec.122, 68 Stat. 939 (42 U.S.C. 2152).

Section 40.46 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C.

- 2234). Section 40.71 also issued under sec. 187, 68 Stat. 955 (42 U.S.C.

2237).

8. In 6 40.36, the introductory text of paragraph (f) is revised to read as follows:

6 40.36 Financial assurance and recordkeeqit)a for decommissionina.

(f) Each person licensed under this part shall keep records of information important to the decommissioning of a facility in an identified location until the site is released for unrestricted use. Before licensed

activities are transferred or assigned in accordance with 6 40,41(b) 4 licensees shall transfer all records described in this paragraph to the new

licensee, in this case, the new licensee will be responsible for maintaining j these records until the license is terminated. If records important to the

- decommissioning of a facility are kept-for other purposes, reference to these records and their locations may be used. Information the Commission considers f important to decommissioning consists of --

4 22 i - - - - -

1 I

9. In -6 40.42, paragraph (k)(4) is added to read as follows:

6 40.42 Exoiration and termination of licenses and decommissionino of sites

• 4 and spparate buildinos or outdoor areas.

(k) * *

(4) Records required by 6 40 Cl(d) and-(f) have been received.

10. In 6 40.61, paragraphs (d), _ (e), and (f) are added to read as -

follows:

6 40.61 Records.

• * * * . s (d) Prior to license termination, each licensee authorized to possess

-source material, in an unsealed form, shall forward the following records to the appropriate NRC Regional Office:

(1) Records of disposal of licensed material made under- 5-20.2002- -

(including burials authorized before January 28, 1981 ), 20.2003, 20.2004, 8

20.2005; and (2) Records required by 620.2103(b)(4).

(e) If licensed activities are transferred or assigned in accordance with 6.40.41(b), each licensee authorized to possess source material, in an unsealed _ form, shall transfer the following records to the new licensee and the new licensee will be responsible for maintaining these records until the license'is terminated:

A previous $20.304 permitted burial of small quantities of licensed materials in soll before January 28, 1981, without specific Commission authorization.

23

o (1) Records of disposal of licensed material made under 6 20.2002 (including burials authorized before January 28, 1981 ), 20.2003, 20.2004, 8

20.2005; and (2) Records required by 620.2103(b)(4).

4 (f) Prior to license termination, each licensee authorized to possess .

source material shall forward Use records required by 6 40.36(f) to the appropriate NRC Regional Office.

~

PART 61--LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE

11. The authority citation for Part 61 continues to read as follows:

AUTHORITY: Secs 53, 57, 62, 63, 65, 81, 161, 182, 183, 68 Stat. 930, 932, 933, 935, 948, 953, 954, as amended (42 U.S.C. 2073, 2077, 2092, 2093, 2095, 2111, 2201, 2232, 2233); secs, 292, 206, 88 Stat. 1244, 1246, (42 U.S.C.

5842, 5846); secs.10 and 14, Pub. L.95-601, 92 Stat. 2951 (42 U.S.C. 2021a and 5851) and Pub. L. 102-486, sec. 2902, 106 Stat. 3123, (42 U.S.C. 5851).

12. In 6 61.30, paragraph (a)(3) is revised to read as follows:

L6L10 Trans fer of lic_ealg.

(a)

(3) That any funds for care and records required by ll 61.80(e) and (f) have been transferred to the disposal site owner;

13. In 6 61.31, paragraph (c)(3) is added to read as follows:

6 61.31 Termination of license.

24

I (c) * * *

(3) That the records required by il 61.80(e) and (f) have been sent to the party responsible for institutional control of the disposal site and a copy has been sent to the Commission immediately prior to license termination.

PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR HATERIAL 14.

The authority citation for Part 70 continues to read as follows:

AUTHORITY:

Secs. 51, 53, 16), 182, 183, 68 Stat. 929, 930, 948, 953, 954, as amended, sec. 234, 83 Stat. 444, as amended sec. 1701, 106 Stat. 2951, 2952, 2953 (42 U.S.C. 2071, 207), 2201, 2232, 2233, 2282, 2297f); secs 201, as amended, 202, 204, 206, 88 Stat. 1242, as amended, 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846).

Sections 70.l(c) and 70.20a(b) also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 70.7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). Section 70.21(9) also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Section 70.31 also issued under sec. 57d, Pub. L.93-377, 88 Stat. 475 (42 U.S.C.

2077).

Sections 70.36 and 70.44 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 70.61 also issued under secs. 186, 187, 68 Stat. 955 (42 U.S.C. 2236, 2237). Section 70.62 also issued under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138).

25

j.

L . . .

1

15. In 6 70.25, the introductory text of paragraph (g) is revised to-read as follows:

6 70.25 Financial assurance and recordkeepina for dec_ammissionina.

• 1

-(g) Each person licensed under this part shall keep records of infoimation"iniportant to the decommissioning of a facility in an identified location until the site is released for unrestricted use, le records important to the decommissioning of a facility are kept for other purposes, reference to these records and their locations may be used. Information the Commission considers important to decommissioning consists of --

15. In 6 70.38, paragraph (k)(4) is added to read as follows:

4 70.38 Exoiration and termination of licenses and-decommissionina of sitel and separate buildinas or outdoor areas.

(k) = *= * *

(4) Records required by 6 70.Sl(b)(6) have been received.

16. In 5 70.51, footnotes 2 and 3 are re-designated as footnotes 3 and 4 and paragraph (b)(6) is revised to read as follows:

6 70.51 Material balance. inventory. and records reouirements.

(b) -* * *

(6) Prior to license termination, licensees shall forward the following records to the appropriate NRC Regional Office:

26

(1) Records of disposal of itcensed material made under i 20.2002 (ir.cluding burials authorized before January 28, 1981'), 20.2003, 20.2004, 20.2005; *

(ii) Records required by 5 20.2103(b)(4); and (iii) Records required by i 70.25(g).

(7) lf licensed activities are transferred or assigned in accordance --

with 6 70.32(a)(3), the licensee shall transfer the following records to the new licensee and the new licensee will be responsible for maintaining these records until the license it terminated:

(i) Records of disn', sal of licensed material made under i 20.2002 (including burials authorized before January 28, 1981'), 20.2003, 20,2004, 20.2005; (ii) Records required by 6 20.2103(b)(4); and (iii) Records required by 6 70.25(g).

A' provious $20.304 permitted burial of small quantities of licensed materialo in soil before January 28, 1981, without specific commission authorization.

27

-~ - - -- -

1 PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADI0 ACTIVE WASTE

17. The authority citation for Part 72 continues to read as follows:

AUTHORITY: Secs. 51, 53, 57, 62, 63, 65, 69, 81,161,182,183,184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as -

amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2077, 2092, 2093,-2095, 2099, 2111, 2201, 2232, 2233, 2234, 2236, 2237, 2238, 2282);

sec. 274, Pub.'L.86-373, 73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, as amended. 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); Pub. L.95-601, sec.10, 92 Stat. 2951 -(42 U.S.C. 5851); sec.102 Pub. L.91-190, 83 Stat. 853 (42 U.S.C. 4332); Secs. 131, 132, 133, 135, 137, 141, Pub. L.97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153, 10155, 10157, 10161, 10168).

Section 72.44(g) also issued under secs 142(b) and 148(c), (d), Pub. L.

100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b), 10168(c), (d)).

Section 72.46 also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239);

sec. 134, Pub. L.97-425, 96 Stat. 2230 (42 U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), Pub.-L. 100-203, 101 Stat. 1330-235 (42 U.S.C.

10165(9)). Subpart J also issued under secs. 2(2),2(15),2(19),117(a),

14)(h), Pub. L.97-425, 96 Stat. 2202, 2203, 2204, 2222, 2244, (42 U.S.C.

10101,10137(a),10161(h)). Subparts K and L are also issued under sec. 133, 98 Stat. 2230 (42 U.S.C. 10153) and Sec. 218(a), 96 Stat. 2252 (42 U.S.C.

10198),

28

0 i .

19. In i 72.30, the introductory text of paragraph (d) is revised to read as follows:

6 72.30 Financial assurance and recordkeepino for decommissionino.

(d) Each person licensed under this part shall keep records of information important to the decommissioning of a facility in an identified location until the site is released for unrestricted use. If records important to the decommissioning of a facility are kept for other purposes, reference to these records and their locations may be used. Information the Commission considers important to decommissioning consists of --

19. In i 72.54, paragraph (m)(3) is added to read as follows:

6 72.54 Expiration and termination of licenses and decommissionina of sites and_ separate buildinas or outdoor areas.

(m) * *

(3) Records required by 6 72.80(e) have been received.

20 in 1 72.80, paragraph (e) is added to read as follows:

6 ??.80 _ather records and reports.

(e) Prior to license termination, the licensee shall forward records required by il 20.2103(b)(4) and 72.30(d) to the appropriate NRC Regional Office.

29

0 (f) If licensed activities are transferred or assigned in accordance with 6 72.44(b)(1), the licensee shall transfer the records required by ll 20.2103(b)(4) and 72.30(d) to the new licensee and the new licensee will be responsible for maintaining these records until the license is terminated.

Dated at Rockville, Maryland, this day :,f. 1995.

I For the Nuclear Regulatory Commission.

James M. Taylor, Executive Director for Operations.

30 l

1

ll l*

Conenents and questions ~should be directed to the OMB reviewer by (insert date 30 days after publication in the federal Reaister):

. Troy Hillier Office of Information and Regulatory Affairs (3150-0014, 3150-0017, 3150-0020, 3150-0009, and 3150-0132, 3150-0135)

NE0B-10202 Office of Management and Budget Washington, DC 20503

/

(

Comments can also be submitted by telephone at (202) 395-3084. .s The NRC Clearance Officer is Brenda J. Shelton, (301) 415-7233.

Dated at Rockville, Maryland, this day of ,-1995.

For the Nuclear Regulatory Commission.

Gerald F. Cranford, Designated Senior OTfRTiT for Information Resources Management.

DISTRIBUTION:

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RULEMAKING ISSUE (NEGATIVE CONSENT)

December 19, 1995 SECY-95-298 f_QB: The Commissioners fROM: James M. Taylor, Executive Director for Operations

SUBJECT:

FINAL RULEMAKING - REVISION TO 10 CFR PARTS 20, 30, 40, 61, 70, AND 72. TERMINATION OF TRANSFER OF LICENSED ACTIVITIES:

RECORD RETENTION REQUIREMENTS PURPOSE:

To inform the Commission that the Executive Director for Operations (ED0) intends to publish a final rule amending the requirements contained in 10 CFR Parts 20, 30, 40, 61, 70, and 72. The amendments require the: 1) transfer of certain records to the new licensee when a license is transferred or assigned and another person continues licensed activities at the same site; and 2) forwarding of certain records to the NRC before a license is terminated when all licensed activities have ceased.

BACKGROUND:

This rulemaking was initiated in response to commitments made by the Commission at the June 21, 1994, Congressional hearing concerning radioactive contamination at sewage treatment plants. While evaluating an incident involving some offsite contamination, the NRC was unable to determine how much radioactive material was released to a sanitary sewerage system because reco,'ds of previous releases by the original holder of the license were not available. Current regulations do not require a licensee to transfer records to the entity that will continue licensed activities at the same site upon license transfer or re-assignment. In addition, current regulations do not require a licensee to forward these records to the NRC prior to license termination. Recent incidents, such as this one, have demonstrated that these records may be necessary to determine that the facility has been effectively decommissioned.

CONTACT: NOTE: TO BE MADE PUBLICLY AVAILABLE WHEN Mary L. Thomas, RES THE FINAL SRM IS MADE AVAILABLE 415-6230

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O The Commissioners 2 DISCUSSION:

A pro)osed rule was published for comment in the Federal Reaister on Decem)er 28, 1994 (59 FR 66814). Six comment letters were received, 3 from Agreement States, I from a licensee, and 2 from public interest groups. Three supported the proposed rule, and three (from Agreement States) questioned the benefit in adopting these requirements.

The issues of major interest to the commenters concerned the need for and benefit of the rule, Agreement State compatibility, and regulatory alternatives including the type of licensees affected by the rule. in response to these comments the staff revised the fir.ai tule and regulatory analysis and modified the Agreement State Compatibility section.

The staff revised the rule to include records that would be needed by licensees to conduct decommissioning effectively and records that would be needed by the NRC to evaluate a licensee's decommissioning effort prior to issuing a letter of license termination. The final rule and regulatory analysis were revised to limit the number of licensees affected by certain requirements in the final rule. Only licensees possessing unsealed source material or unsealed byproduct material, with half-lives greater than 120 days, would be required to provide records pertaining to offsite releases and waste disposal to a new licensee at license transfer or re-assignment or to the NRC at license termination. No change was made in the final rule regarding submittal of decommissioning records at license transfer, re-assignment or license termination.

The final rule will require that records pertaining to decommissioning, offsite releases, and waste disposal be transferred to the new licensee prior to license transfer or reqssignment if licensed activities will continue at the same site under a new "r amended license. The final rule will require these same records to be terwarded to the NRC prior to termination of the license and release of the site for unrestricted use.

Paragraph 20.2108(b) will be ament d to state that there are additional requirements for disposition of th. records required by these sections in 10 CFR Parts 30, 40, 70, and 72. A paragraph will be added to il 30.51, 40.61, 70.51 and 72.80 to clarify that records pertaining to decommissioning, offsite releases and certain records pertaining to waste disposal be forwarded to the new licensee prior to license transfer or re-assignment, or to the NRC prior to license termination. Also, paragraphs will be added to il 61.30(a)(3), license transfer and 61.31(c)(1) license termination to clarify that records required by il 61.80(e) and (f) are to be transferred to '

the disposal site owner, or to the party responsible for institutional control

.of the disposal site, respectively. A new paragraph will be added to li 30.36, 40.42. 70.38, and 72.54 to state that a license will not be terminated until the NRC receives the records required by revised il 30.51, 40.61, 70.51, and 72.80.

__n

O The Commissioners 3 In addition, the staff modified the Agreement State Compatibility section to state that the requirement to transfer records during a license transfer or re-assignment will be Division 2, and that the requirement that records be forwarded to NRC before license termination will be Division 3. Division 3 was chosen for the forwarding of records at license termination to allow the Agreement States the flexibility to decide whether they should retain the records or to use another means to assess any future safety concerns from past operations.

The enclosed rule does not constitute a major policy change. The final rule provides more explicit requirements for licensees regarding the disposition of certain records when a license is transferred, assigned, or in any other manner terminated and another person continues licensed activities at the same site, and the disposition of certain records when a license is terminated and all licensed activities have ceased. For this reason, I believe this falls -

within the authority delegated to the EDO to publish this final rule.

RESOURCES:

Resources required to implement this rule will be re-programmed from the non-core inspection programs. The adjustment will be approximately 0.2 FTE spread among the regions to provide support for this rulemaking.

EfM HifSDAllDR1 That the Commission:

1. Note that I intend to approve the Notice of the Final Rulemaking for publication (Enclosure 1) in the Federal Reaister. This approval will be issued within 10 working days from the date of this paper unless otherwise instructed by the Commission;

2. Holt:

a. The Regulatory Analysis will be available in the Public Document Room (Enclosure 2);

b. The staff has not prepared an environmental assessment because of the categorical exclusion given in 10 CFR 51.22(c)(3)(ii),

recordkeeping;

c. The Chief Counsel for Advocacy of the Small Business Administration will be informed of the certification regarding economic impact on small entities and the reasons for it as required by the Regulatory Flexibility Act;

d. The final rule contains information collection requirements that are subject to review by OMB. Upon my approval, formal request for OMB review and clearance will be initiated;

The Commissioners 4

e. The Agreement States will be sent a copy of the final rule upon my approval for publication; 1

f. A public announcement will be issued (Enclosure 3);

g. The appropriate Congressional committees will be informed (Enclosure 4); and

h. Copies of _ the Federal Register notice of final rulemaking will be distributed to all licensees. The notice will be sent to other interested parties upon request.

i mEE M. T lor xecutive Director for Operations

Enclosures:

As Stated (4)

SECY NOTE: In the absence of instructions to the contrary, SECY will notify the staff on Thursday, January 4, 1996 that the Commission. by negative consent, assents to the action proposed in this paper.

DISTRIBUTION:

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ENCLOSURE 1 FEDERAL REGISTER NOTICE 9

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NUCLEAR REGULATORY COMMISSION 10 CFR Parts 20, 30, 40, 61, 70, and 72 RIN: 3150-AF17 Termination or Transfer of Licensed Activities: Recordkeeping Requirements AGENCY: Nuclear Regulatory Comission.

ACTION: Final rule.

SUMMARY

The Nuclear Regulatory Comission (NRC) is amending its regulations pertaining to the disposition of certain records when a licensee terminates licensed activities or licensed activities are transferred to another licensee. The final rule requires a licensee to transfer records pertaining to decomissioning, and certain records pertaining to offsite releases and waste disposal, to the new licensee if licensed activities will continue at the same site, and it requires the new licensee to forward these same records to the NRC before the license is terminated.

EFFECTIVE DATE: (30 days after publication).

-FOR FURTHER INFORMATION CONTACT: Mary L. Thomas, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Comission, Washington DC 20555-0001, telephone (301) 415-6230, e-mail MLT19NRC. GOV.

- ----- ---- a

l SUPPLEMENTARY INFORMATION:

1. Background l

While evaluating an incident involving some offsite contamination, the NRC identified a deficiency in the current recordkeeping require'ments. The NRC was unable to determine how much radioactive material was released to a sanitary sewerage system because records of previous releases by the original holder of the license were not available, in addition, the re plations were unclear with regard to the final disposition of these records when licensed activities have ceased and the license is terminated. A proposed rule requiring licensees to forward certain records to the NRC once licensed activities ceased, or to a new owner if they would be taking over licensed activities, was published for comment in the Federal Register on December 28, 1994 (59 FR 66814).

II. Discussion of comments and summary of requirements in the final rule This section includes a discussion of the significant issues raised by public comment and how they were addressed. Six comment letters were received on the proposed rule, 3 from Agreement States, 1 from a licensee, and 2 from ic interest groups. Three supported the proposed rule, and three (from Agreenient States) questioned the benefit in adopting these requirements.

Publie Commenti

1. Need for the rule and expected benefit.

Comments. Two commenters stated that the NRC has not demonstrated the need for the rule on the basis of one incident. They also stated that the NRC

did not demonstrate how the proposed regulations and their commensurate costs would assist licensees, the NRC, and the Agreement States in the analysis of the environmental impact from the site. They requested that the NRC provide data that permits e,atuation of the actual impact of these regulations.

These same commenters stated that the usefulness of the records in the decisionmaking process should also be demonstrated in each case. They referred to the Objective Section of the Draft Regulatory Analysis, which stated that these records "...will provide the NRC with the information needed to assess possible risks asseciated with licensed activities once a licensee has terminated its license." They believed that this assumption is generally false, and that even if sewer release records were available, an independent evaluation of the environment would still be required.

Response. The intent of the proposed rule was to ensure that records that are required by current regulations to be retained by licensees during licensed operations are available in the event that safety concerns arise after license termination regarding any offsite consequencer found to have resulted from licensed opera.tions. Since the NRC may not be able to determine what problems will arise in the future, the best course of action is to have the records available after the license is terminated. The proposed rule specified that the records used by the licensee to demonstrate compliance with the public dose limits and limits on waste disposals were to be forwarded to the NRC prior to license termination or to the new owner if licensed operations were to continue at the site under a new or amended license. In addition, the proposed rule specified that records important' for decommissioning be provided to the new licensee prior to license reassignment or transfer. As discussed below, in addition to decommissioning records, the s

3

l records included in the final rule are: results of offsite release measurements and calculations under 5 20.2103(b)(4); and waste disposals authorized under ll-20.2202, 20.2203, 20.2204, and 20.2205.

In order for the NRC to determine that a licensee has effectively decommissioned its facility, and to authorize license termination, the NRC will review the. licensee's evaluation of previous releases to the environment and waste disposals to determine whether there is a.need for the licensee to remediate significant offsite contamination as a result of past licensed activities prior to license termination. Licensees are already required to keep these records until license termination.

When transfer of a license to a new entity is approved by the Commission, certain records related to offsite releases of material, including waste disposals, would be needed by the new licensee prior to decommissioning to determine areas where remediation may be needed.- In addition, there may be circumstances where it will be necessary for the NRC or other government agencies to evaluate the effects of licensed operations on the environment.

Although other information would also be needed to perform an environmental analysis, access to these records would be useful in evaluating potential sources of contamination.

The NRC has re-evaluated the impact of this regulation in the Regulatory Analysis. The records required to be transferred are the records that the licensee'is already required to retain until license termination. The burden associated with this rulemaking relates to transfer and subsequent storage of records, and as discussed in the Regulatory Analysis, is not found to be significant.

4

The final rule has been modified to specify that only decommissioning records and records of offsite releases and waste disposals need to be forwarded to the new licensee in the event of license transfer or re-assignment and that these are the only records that need to be provided to the NRC at license termination. In_ addition, only licensees aut'horized to possess unsealed source material or unsealed byproduct material with half-lives greater than 120 days (i.e., licensees that have a potential for significant contamination) will be required to provide records to the new licensee in the event of re-assignment or transfer and to the NRC at license

- termination. The use of a 120 day half-life for byproduct material was chosen because radioactive material with half-lives less than 120 days would be completely decayed in a few years, and corresponds to the value currently used to determine which licensees must have a decommissioning funding plan. This change in the final rule was made to reduce the burden on a number of licensees that routinely use only sealed sources and, in the case of byproduct material, short-lived isotopes (less than 120 days). Licensees authorized to possess only sealed sources would still he required to retain records of spills involving source ruptures, under current decommissioning recordkeeping requirements. The final rule will require all licensees to forward decommissioning records to the NRC at licerse termination. Using this criteria the number of licensees affected annually by this rulemaking has decreased from approximately 1700 in the proposed rule to 1100 in the final rule.

5

______J

2. Agreement State Compatibility.

Comment. One commenter stated (1) that there was no basis for a Division 2 level of compatibility and (2) that an Agreement State could use other methods, such as actual surveys, to confirm that there was no offsite contamination. In addition, the commenter stated that other costs associated with the proposed rule have not been considered, such as costs associated with inspections, and while the NRC may be able to absorb these costs in "non-core portions of the inspection program," Agreement States do not have this luxury.

Etiponse. The Commission still believes that this rule should be assigned a Division 2 compatibility level for most of the new requirements.

The final rule assigns a Division 3 compatibility level for the requirement that records be provided to the regulatory agency prior to license termination. While the NRC believes that it would be prudent for Agreement States to adopt a similar requirement, the final rule assignment of a Division 3 compatibility level for this requirement provides the flexibility for each State to determine which records should be provided to the regulatory agency and retained by it at license termination.

The NRC believes retention of these records will aid in the resolution

-of potential safety concerns that may be identified after license termination, and also recognizes that an Agreement State without an equivalent requirement for record retention has the ability to resolve potential future safety concerns. However, this can be achieved by conducting radiological surveys at the formerly licensed site. Without the records, these surveys may need to be greater in number and may be more costly, but the absence of retained records will not preclude an Agreement State from adequately assessing future safety concerns.

6

Because the Commission has reduced the burden of this rule by limiting the number of licensees affected by this rule, the inspection burden on the Agreement States should not be significantly increased. It is unlikely that any State will have more than 2-3 transfers per year. With respect to other costs, the reporting burden reflects that the time required to index, review, and store the required records has been re-calculated to be 9 hours1.041667e-4 days <br />0.0025 hours <br />1.488095e-5 weeks <br />3.4245e-6 months <br /> per license transfer and 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br /> per licensee submittal .at termination.

3. Regulatory Alternatives.

Comment. Two commenters stated that the NRC failed to identify regulatory alternatives that would be as effective as the proposed rule while placing less burden on licensees, the NRC, and Agreement States. As noted in the discussion of Issues 1 and 2, the commenters concluded that any benefit from the proposed rule is questionable. They stated that specific regulatory alternatives that should be considered include, but are not limited to:

a. Perform separate evaluations ~ for the utility of requiring records for offsite releases and for waste disposal, and making independent judgments.

b. Consider limiting the scope of the rules to address only those facilities that possess unsealed sources with long half-lives.

c. Consider all records being provided to the NRC, rather than requiring Agreement States to maintain the records,

d. Eliminate transferring 10 CFR 20.2005 type records (disposal of specific wastes, in quantities less than or equal to 1.85 kilobecquerels per gram of tritium or carbon-14 in scintillation fluids or animal tissue).

Resoonse. The Commission considered possible alternatives to rulemaking. These are addressed in the Regulatory Analysis prepared for this 7

rul e . The following information is provided with respect to the specific recommendations of the commenters:

(a) The NRC reconsidered the scope of the proposed rule and decided to limit the records required to those needed to support decommissioning. The Commission has already evaluated the impact and need for decommissioning records in promulgating a final rule addressing recordkeeping requirements for decommissioning (58 FR 39628).

] The records included in the final rule are decommissioning records, records of waste disposals that would be permitted under 55 20.2002 (including any burials authorized before January 28, 1981), 20.2003, 20.2004, 20.2005, and results of measurements and calculations used to evaluate offsite releases (5 20.2103(b)(4)). These records would be helpful in evaluating the impact of a licensee's past activities. This information can be used by the new licensee receiving the records in developing decommissioning plans and by the regulatory agency to evaluate the adequacy of the licensee's decommissioning activities. With this change, the NRC concluded that for most licensees the overall number of records that would be required to be transferred to the new licensee should not exceed the capacity of several file drawers, even for a license that has been in effect for some time and, therefore, the overall burden associated with the transfer should be small. In addition, the rule permits storage of this inforiaation electronically. The final rule also requires that decommissioning records and certain records pertaining to offsite releases and waste disposal be forwarded to the NRC or the appropriate Agreement State prior to license termination.

(b) The NRC has evaluated the suggestion to limit the scope of licensees covered by the rule and has revised the final rule and the 8

i Regulatory Analysis to reflect that, for licenses authorized under Parts 30 or 40, the rule only affects those licensees authorized to possess unsealed byproduct material with half-lives greater than 120 days or unsealed source material. Licensees that use and possess sealed sources, or unsealed byproduct material with short half-lives, are no longer affected by this rule.

As a result of this change, most medical licensees will not need to transfer records in the event of license transfer, or re-assignment. Final records disposition for these licensees and others excluded by thi; rule will still be determined on a case-by-case basis by the NRC at the time of license i termination.

(c) The purpose of this rulemaking is to assure that adequate records are available to provide historical information on previous licensed operations in the event significant offsite contamination is detected after a licensee has ceased operation of their facility. To provide flexibility to the Agreement States, the sections of the final rule requiring transmittal of records-to the NRC at license termination have been designated Division 3 compatibility level. Because the NRC's regulatory authority has been relinquished to the Agreement States for this material, it is appropriate that the Agreement States, rather than the NRC, both determine which Agreement State licensee records should be retained at license termination, and maintain those records.

(d) Records of waste disposals allowed by 5 20.2005 currently are required by 5 20.2108(b) to be retained until the Commission terminates each pertinent license requiring the record. The Commission is currently evaluating a petition for rulemaking that requests a revision to 5 20.2005 pertaining to waste disposal. This petition is currently on hold until 9

l finalization of the rulemaking addressing radiological criteria for decomissioning. In_ light of this, we will consider this comment in resolving this petition.

4. Public Access To Information.

Coment One comenter was concerned that the Commission overlooked the benefits which could result from simple, inexpensive-to-implement requirements enhancing public access to information. This comenter noted that enhanced public access to information is an important (though not the only) reason for recordkeeping, in part because informed members of the public can play a significant role in ensuring that regulatory actions are appropriate and timely. This comenter urged the Comission to consider enhanced public access to information as part of a coherent policy to protect important documentary information from loss.

Response. This rule requires that records pertaining to decommissioning arid certain records pertaining to offsite releases and waste disposals be transferred to a licensee that takes over a previous licensee's business and_

that these records be forwarded to the cognizant regulatory body prior to license termination, thereby protecting these records for future access. Once these records are forwarded to the NRC, they will be available through the Freedom of Information Act process, exclusive of any proprietary information.

5.- Independent Spent Fuel Storage Installations and 10 CFR 72.30(d)

Requirements.

Coment. One comenter stated that 10 CFR 72.30(d) addresses recordkeeping requirements for decomissioning for independent spent fuel 10 s

= . . _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ . _ . . _ . _ _ . _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

storage installations and that the NRC has proposed changes to this paragraph to address the transfer of licensed activities. This commenter questions why 10 CFR 50.75(g), which contains the same type of recordkeeping requirements for decommissioning for production and utilization facilities, was not changed. The commenter believes this to be inconsistent and possibly an inadvertent omission by the NRC.

Resnonse. This rule only addresses materials licensees. The Commission is currently evaluating the need for additional rulemaking to address the broad issue of transfers of reactor licenses. Any such rulemaking would also consider recordkeeping requirements.

Summary of Reauirements of the Final Rule The final rule requires transfer of certain records pertaining to decommissioning, offsite releases, and waste disposal to a licensee that takes over operation of licensed activities. These 'ecords include: those waste disposals that would be permitted under SS 20.2002 (including any burials authorized before Jana ry 28,1981),20.2003,20.2004,20.2005, and results of measurements and calculations used to evaluate offsite releases (S 20.2103(b)(4)). The new licensee will need these records in order to perform an adequate site characterization prior to decommissioning. Once the new entity is granted a license and accepts these records, they become subject to all regulations concerning termination and transfer. The final rule also requires that these records be forwarded to the NRC prior to license termination. In selecting records to include in this rulemaking, the NRC focused attention on information that would be needed by licensees to conduct decommissioning effectively and for the NRC to evaluate offsite consequences 11 l

l from a licensee's operation.- In addition, for certain records of offsite releases and waste disposals, the final rule has also been modified to apply to licensees only authorized to possess source and byproduct material with half-lives greater than 120 days, in an unsealed form.

Paragraph 20.2108(b) has been amended to state that there are

~

additional requirements for disposition of records in 10 CFR Parts 30, 40, 70, and 72. Paragraphs 30.35(g) and 40.36(f) specify records that the Commission considers important to decommissioning. The NRC has revised these paragraphs to require the transfer of records pertaining to decommissioning to the new licensee. Paragraphs have been added to 55 30.51, 40.61, 70.51, and 72.80 to clarify that records pertaining to decommissioning, offsite releases, and certain records pertaining to waste disposal be forwarded to the new licensee prior to license transfer or re-assignment, or to the NRC prior to license termination. Also, paragraphs have been added to 55 61.30(a)(3) and 61.31(c)(1) to clarify that records required by 55 61.80(e) and (f) are to be transferred to the disposal site owner, or to the party responsible for institutional control of the disposal site, respectively.

Finally, a new paragraph has been added to 55 30.36, 40.42, 70.38, and 72.54 to state that a license will not be terminated until the NRC receives the records required by revised 55 30.51, 40.61, 70.51, and 72.80.

12

III. Agreement State Compatibility This rulemaking will be a matter of compatibility between the NRC and the Agreement States, thereby providing consistency of State and

, Federal safety requirements. The NRC has determined that a Division 2 level of compatibility should be assigned to the changes to il 30.35, 40.36, and 61.31 because the records required by these sections are important to assure protection of public health and safety, and are important to ensure that facilities in Agreement States are effectively decommissioned. Under this level of compatibility the Agreement States will be expected to adopt recordkeeping requirements that are as stringent as NRC's, but they will be permitted flexibility in their requirements based on their radiation protection experience, professional judgments, and community values.

Revisions to il 30.51, 40.61, 70.51, and 72.80 that require records to be forwarded to the new licensee whenever a license is transferred or 1 re-assigned will also be assigned a Division 2 level of compatibility for the  !

reasons cited above. Other revisions to these sections addressing forwarding of records to the NRC prior to license termination will be assigned a Division 3 compatibility level. Under this level of compatibility the Agreement States will have the option to adopt similar requirements regarding final disposition of the records, but will not be required to adopt such requirements. While NRC believes retention of these records will aid in the resolution of potential safety concerns that may be identified after license termination, it also recognizes that an Agreement State without an equivalent requirement for record retention has the ability to resolve potential-future safety concerns. This can be achieved by conducting radiological surveys at 13 I

the formerly licensed site. Without the records, these surveys may need to be greater in number and may be more costly, but the absence of retained records will not preclude an Agreement State from adequately assessing future safety concerns.

l IV. Environmental Impact: Categorical Exclusion The NRC has determined that this final rule is the type of action described as a categorical exclusion in 10 CFR 51.22(c)(3)(ii), recordkeeping requirements. Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.

V. Paperwork Reduction Act Statement This final rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).

These requirements were approved by the Office of Management and Budget, approval number 3150-0014, -0017, -0020, -0009, -0132, and -0135.

The public reporting burden for this collection of information is estimated to average 9 hours1.041667e-4 days <br />0.0025 hours <br />1.488095e-5 weeks <br />3.4245e-6 months <br /> per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments on any aspect of this collection of information, including suggestions for reducing burden, to the Information and Records Management Branch (T-6 F33), U.S. Nuclear Regulatory Commission, Washington, DC 20555-14 l

1

0001, and to the Desk Officer, Office of Information and Regulatory Affairs, NE0B-10202, (3150-0014, -0017, -0020, -0009, -0132, and -0135), Office of Management and Budget, Washington, DC 20503.

Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information,unless it displays a currently valid OMB control number.

VI. Regulatory Analysis The NRC has prepared a regulatory analysis on this final rule. The analysis examines the costs and benefits of the alternatives considered by the NRC. The regulatory analysis is available for inspection at the NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, DC. Single copies of the analysis may be obtained from Mary L. Thomas, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: (301) 415-6230; email: MLT10NRC. GOV VII. Regulatory Flexibility Certification In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C.

605(b)), the Commission certifies that this. final rule does not have a significant economic impact on a substantial number of small entities. The rulemaking imposes requirements on those licensees who are required to have decommissioning funding assurance and on licensees who are transferring their 15

)

l- .

L license to a new licensee. These changes require the transfer of records pertaining to decommissioning, and certain records of waste disposals and offsite releases, to the new licensee. In addition, the rule requires forwarding these records to the NRC at license termination. These records are already required to be maintained until the license is terminated by the Commission,.and-are needed to provide historical information of the impact of a previous licensee activities on the environment and decommissioning.

VIII. Backfit Analysis The NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to this final rule and, therefore, that a backfit analysis is not required for this rule because these amendments do not involve any provisions that would impose backfits as defined in 10 CFR 50.109(a)(1).

16

List of' Subjects in 10 CFR Parts 20,-30, 40, 61, 70, and 72_

l _:

10 CFR Part 20 Byproduct material, f,timinal penalties, Licensed material, Nuclear materials, Nuclear power plants and reactors, Occupational safety and health.

Packaging and containers, Radiation protection, Reporting and recordkeeping requirements, Special nuclear material, Source material, Waste treatment and disposal.

10 CFR Part 30 Byproduct material, Criminal penalties, Government contracts, Intergovernmental relations, Isotopes, Nuclear materials, Radiation protection, Reporting and recordkeeping requirements.

10 CFR Part 40 Criminal penalties, Government contracts, Hazardous materials transportation, Nuclear materials, Reporting and recordkeeping requirements, Source material, . Uranium.

10 CFR Part 61 Criminal penalties, Low-level waste, Nuclear materials, Reporting and recordkeeping requirements, Waste treatment and disposal.

10 CFR Part 70 Criminal penalties, Hazardous materials transportation, Material control-and accounting, Nuclear materials, Packaging and containers, Radiation 17 a

protection, Reporting and-recordkeeping requirements, Scientific equipment, Security measures, Special nuclear material.

10 CFR Part 72 Manpower training programs, Nuclear materials, Occupational safety and health, Reporting and recordkeeping requirements, Security measures. Spent fuel.

For the reasons set out in' the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 552 and.553, the NRC is adopting the following amendments to 10 CFR Parts 20, 30, 40, 61, 70, and 72.

PART 20--STANDARDS FOR PROTECTION AGAINST RADIATION

1. The authority citation for Part 20 continues to read as follows:

AUTHORITY: Secs. 53, 63, 65, 81, 103, 104,-161, 182, 186, 68 Stat. 930, 933, 935, 936, 937, 948, 953, 955, as amended, sec. 1701, 106 Stat. 2951, 2952, 2953 (42 U.S.C. 2073, 2093, 2095, 2111, 2133, 2134, 2201, 2232, 2236,

-2297f), secs. 201, as amended 202, 206, 88 Stat. 1242, as amended,- 1244,-1246 (42 U.S.C. 5841, 5842, 5846).

2. In f 20.2108, paragraph (b) is revised to read as follows:

6 20.2108 Records of waste disposal.

18 l

(b) The licensee shall retain the records required by paragraph (a) of this section until the Commission terminates each pertinent license requiring the record. Requirements for disposition of these records, prior to license termination, are located in il 30.51, 40.61, 70.51, and 72.80 for activities licensed under these parts.

PART 30--RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF BYPRODUCT MATERIAL

3. The authority citation for Part 30 continues to read as follows:

AUTHORITY: Secs 81, 82, 161, 182, 183, 186, 68 Stat. 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat 444, as amended (42 U.S.C. 2111, 2112, 2201, 2232, 2233, 2236, 2282); secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).

Section 30,7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 as amended by' Pub. L. 102-486, sec. 2902, 106 Stat. 3123, (42 U.S.C. 5851).

Section 30.34(b) also issued under sec.184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 30.61 also issued under sec.187, 68 Stat. 955 (42 U.S.C. 2237).

4. In i 30.35, the introductory text of paragraph (g) is revised to read as follows:

6 30.35 Financial assurance and recordkeepina for decommissionina.

(g) Each larson licensed under this part or parts 32 through 36 and 39 of this chapter shall keep records of information important to the 19

1 decommissioningofafacilityinanidentifiediocationuntil'thesiteis released for unrestricted use. Before licensed activities are transferred or assigned in accordance with i 30.34(b), licensees shall transfer all records described in this paragraph to the new licensee. In this case, the new licensee will be responsible for maintaining these records until'the license is terminated. If records important to ti.e decommissioning of a facility are kept for other purposes, reference to these records and their locations may be used. Information the Commission considers important to decommissioning consists of --

5. In 6 30.36, paragraph (k)(4) is added to read as follows:

1 30.36 Exoiration and termination of licenses and decommissionina of sites and separate buildinas or outdoor areas.

(k)

(4) Records required by 6 30.51(d) and (f) have been received.

6. In f 30.51, paragraphs (d), (e), and (f) are added to read as follows:

6 30.51 Records.

(d) Prior to license termination, each licensee authorized to possess radioactive material with a half-life greater than 120 days, in an unsealed form, shall. forward the following records to the appropriate NRC Regional Office:

20 i

(1) Records of disposal of licensed material made under SS 20.2002 (including burials authorized before January 28, 1981'), 20,2003, 20.2004, 20.2005; and (2) Records required by 5 20.2103(b)(4).

(e) If licensed activities are transferred or assigned in accordance with 5 30.34(b), each licensee authorized to possess radioactive material, with a half-life greater than 120 days, in an unsealed form, shall transfer the following records to the new licensee and the new licensee will be responsible for maintaining these records until the license is terminated:

(1) Records of disposal of licensed material made under SS 20.2002

~

(including burials authorized before January 28, 1981'), 20,2003, 20.2004, 20.2005; and (2) Records required by 5 20.2103(b)(4).

(f) Prior to license termination, each licensee shall forward the records required by 5 30.35(g) to the appropriate NRC Regional Office.

PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL 7.. The authority citation for Part 40 continues to read as follows:

AUTHORITY: Secs. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68 Stat. 932, 933, 935, 948, 953, 954, 955, as amended, secs, 11e(2), 83, 84, Pub. L 95-604, 92 Stat. 3033, as amended, 3039, sec. 234, 83 Stat. 444, as amended (42 U.S.C.

2014(e)(2), 2092, 2093, 2094, 2095, 2111, 2113, 2114, 2201, 2232, 2233, 2236, 2282); sec. 274, Pub. L.86-373, 73 Stat. 688 (42 U.S.C. 2021); secs. 201, as i

A previous.5 20.304 permitted burial of small quantities of licensed materials in soil before January 28, 1981, without specific Commission authorization.

21

d amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); sec. 275, 92 Stat. 3021, as amended by Pub. L.97-415, 96 Stat.

2067 (42 U.S.C. 2022).

Section 40.7 also issued under Pub. L.95-601, sec.10, 92 Stat. 2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123, (42 U.S.C. 5851).

Section 40.31(g) also issued under sec.122, 68 Stat. 939 (12 U.S.C. 2152).

Section 40.46 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C.

2234). Section 40.71 also issued under sec.187, 68 Stat. 955 (42 U.S.C.

2237).

8. In 5 40.36, the introductory text of paragraph (f) is revised to read as follows:

6 40.36 Financial assurance and recordkeepina for decommissionina.

(f) Each person licensed under this pcrt shall keep records of information important to the decommissioning of a facility in an identified location until the site is released for unrestricted use. Before licensed activities are transferred or assigned in accordance with 6 40.41(b) licensees shall transfer all records described in this paragraph to the new licensee.

In this case, the new licensee will be responsible for maintaining these records until the license is terminated. If records important to the decommissioning of a facility are kept for other purposes, reference to these records and their locations may be used. Information the Commission considers important to decommissioning consists of --

22

9. In i 40.42, paragraph (k)(4) is added to read as follows:

6 40.42 Exoiration and termination of licenses and decommissionino of sites and separate buildinos or outdoor areas.

(k)

(4) Records required by 6 40.61(d) and (f) have been received.

10. In i 40.61, paragraphs (d), (e), and (f) are added to read as follows:

6 40.61 Records.

(d) Prior to license termination, each licensee authorized to ossess 1 source material, in an unsealed form, shall forward the following records to the appropriate NRC Regional Office:

(1) Records of disposal of licensed material made under 6 20.2002 (including burials authorized before January 28, 1981'), 20.2003, 20.2004, 20,2005; and (2) Records requirea by 5-20.2103(b)(4). ,

(e) If licensed activities are transferred or assigned in accordance with 5 40.41(b), each licensee authorized to possess source material, in an unsealed form, shall transfer the following records to the new-licensee and the new licensee will be responsible for maintaining these records until the license-is terminated:

A previous $20.304 permitted burial of small quantities of licensed materials in soil before January 28, 1981, without specific Commission authorization.

23

(1) Records of disposal of licensed material made under 5 20.2002 (including burials authorized before January 28, 1981'), 20.2003, 20.2004, 20.2005; and (2) Records required by 5 20.2103(b)(4).

]~

(f) Prior to license termination, each licensee shall forward the records required by 6 40.36(f) to the appropriate NRC Regional Office.

PART 61--LICENSING REQUIREMENTS FOR LAND DISPOSAL 0F RADI0 ACTIVE WASTE

11. The authority citation for Part 61 continues to read as follows:

AUTHORITY: Secs. 53, 57, 62, 63, 65, 81, 161, 182, 183, 68 Stat. 930, 932, 933, 935, 948, 953, 954, as amended (42 U.S.C. 2073, 2077, 2092, 2093, 2095, 2111, 2201, 2232, 2233); secs. 202, 206, 88 Stat. 1244, 1246, (42 U.S.C.

5842, 5846); secs. 10 and 14, Pub. L.95-601, 92 Stat. 2951 (42 U.S.C. 2021a and 5851) and Pub. L. 102-486, sec. 2902, 106 Stat. 3123, (42 U.S.C. 5851).

12. In S 61.30, paragraph (a)(3) is revised to read as follows:

6 61,30 Transfer of license.

(a)

(3) That any funds for care and records required by 59 61.80(e) and (f) have been transferred to the disposal site owner;

13. In 6 61.31, paragraph (c)(3) is added to read as follows:

6 61.31 Termination of license.

(c) 24

~

(3) That the records required by SS 61.80(e) and (f) have been sent to the party responsible for institutional control of the disposal site and a copy has been sent to the Commission immediately prior to license termination.

PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

14. The authority citation for Part 70 continues to read as follows:

AUTHORITY: Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948, 953, 954, as amended, sec. 234, 83 Stat. 444, as amended sec. 1701, 106 Stat. 2951, 2952, 2953 (42 U.S.C. 2071, 2073, 2201, 2232, 2233, 2282, 2297f); secs, 201,

-as amended, 202, 204, 206, 88 Stat. 1242, as amended, 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846).

Sections 70.l(c) and 70.20a(b) also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 70.7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). Section 70.21(g) also issued under sec.122, 68 Stat. 939 (42 U.S.C. 2152). Section 70.31 also issued under sec. 57d, Pub. L.93-377, 88 Stat. 475 (42 U.S.C.

2077). Sections 70.36 and 70.44 also issued under sec.184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 70.61 also issued under secs. 186, 187, 68 Stat. 955 (42 U.S.C. 2236, 2237). Section 70.62 also issued under sec. 108, 68 Stat. 939, as amended-(42 U.S.C. 2138).

15. In 5 70.25, the introductory text of paragraph (g) is revised to read as follows:

25 i

6 70.25 Financial assurance and recordkeepina for decommissionina, (g) Each person licensed under this part shall keep records of information important to the decommissioning of a facility in an identified location until the site is released for unrestricted use. If records important to the decommissioning of a facility are kept for other purposes, reference to these records and their locations may be used, Information the Commission considers important to decommissioning consists of --

15. In 5 70.38, paragraph (k)(4) is added to read as follows:

1_20.38 Exoiration and termination of licenses and decommissionina of sites and separate buildinas or outdoor areas.

(k)

(4) Records required by 5 70.51(b)(6) have been received.

16. __ In 9 70.51, footnotes 2 and 3 are re-designated as footnotes 3 and 4 and paragraph (b)(6) is revised to read as follows:

6 70.51 Material balance. inventory. and records reauirements.

(b)

(6) Prior ~to license termination,-licensees shall forward the following records to the appropriate NRC Regional Office:

26

(1) Records of disposal of licensed material made under 6 20.2002 (including burials authorized before January 28, 19812), 20.2003,-20.2004, 20.2005;

(ii) Records required by 5 20.2103(b)(4); and l

(iii) Records required by 6 70.25(g).

(7) If licensed activities are transferred or assigned in accordance with 5 70.32(a)(3), the licensee shall transfer-the following records to the new licensee and the new licensee will be responsible for maintaining these records until the license is terminated:

(i) Records of disposal of licensed material made under 5 20.2002 (including burials authorized before January 28, 19812), 20.2003, 20.2004, 20.2005; (ii) Records required by 5 20.2103(b)(4); and (iii) Records required by I 70.25(g).

A previous $2o.304 permitted burial of small quantities of licensed materials in soil before January 28, 1981, without specific Commission authorization.

27 I

PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIDACTIVE WASTE f

17. The authority citation for Part 72 continues to read as follows:

AUTHORITY: Secs, 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 2234, 2236, 2237, 2238, 2282);

sec. 274, Pub. L.86-373, 73 Stat. 688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); Pub. L.95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851); sec. 102 Pub. L.91-190, 83 Stat. 853 (42 U.S.C. 4332); Secs. 131, 132, 133, 135, 137, 141, Pub. L.97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153, 10155, 10157, 10161, 10168).

Section 72.44(g) also issued under secs.142(b) and 148(c), (d), Pub. L.

100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b), 10168(c), (d)).

Section 72.46 also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239);

sec. 134, Pub. L.97-425, 96 Stat. 2230 (42 U.S.C. 10154). Section 72.96(d) also issued under sec.145(g), Pub. L.100-203,101 Stat.1330-235 (42 U.S.C.

10165(g)). Subpart J also issued under secs. 2(2),2(15),2(19),117(a),

141(h), Pub. L.97-425, 96 Stat. 2202, 2203, 2204, 2222, 2244, (42 U.S.C.

10101,10137(a),10161(h)). Subparts K and L are also issued under sec. 133, 98 Stat. 2230 (42 U.S.C. 10153) and Sec. 218(a), 96 Stat. 2252 (42 U.S.C.

10198).

28

4

19. In 9 72.30, the introductory text of paragraph (d) is revised to read as follows:

6 72.30 Financial assurance and recordkeepina for decommissionina.

(d) Each person licensed under this part shall keep records of information important to the decommissioning of a facility in an identified location until the site is released for unrestricted use. If records important to the decommissioning of a facility are kept for other purposes, reference to these records and their locations may be used. Information the Commission considers important to decommissioning consists of --

19. In 6 72.54, paragraph (m)(3) is added to read as follows:

6 72.54 Exoiration and termination of licenses and decommissionina of sites and separate buildinas or outdoor areas.

(m)

(3) Records required by 6 72.80(e) have been received.

20. In 6 72.80, paragraph (e) is added to read as follows:

6 72.80 Other records and reports.

(e) Prior to license termination, the licensee shall forward records required by 99 20.2103(b)(4) and 72.30(d) to the appropriate NRC Regional Office.

29 I

(f) If licensed activities are transferred or assigned in accordance with i 72.44(b)(1), the licensee shall transfer the records required by I

ll 20.2103(b)(4) and 72.30(d) to the new licensee and the new licensee will be responsible for maintaining these records until the license is terminated.

Dated at Rockville, Maryland, this day of 1995.

For the' Nuclear Regulatory Commission.

James M. Taylor, Executive Director for Operations.

30

4 4

ENCLOSURE 2 REGULATORY ANALYSIS e

REGULATORY ANALYS!$

REVISION OF RECORDS RETENTION REQUIRENENTS

1. Statement of the Problem After evaluating an incident where some offsite contamination was found, the NRC identified a deficiency in the current recordkeeping requirements.

The NRC was unable to determine how much radioactive material was released to a sanitary sewerage system because records of previous releases by the original holder of the license were not available. The existing regulations are unclear regarding final disposition of certain records pertaining to decommissioning, offsite releases, and waste disposal when licensed activities have cea;ed and-the license is terminated. In addition, when a licensee transfers or re-assigns its license, and another entity continues licensed activities at the same site, the original licensee is currently not required to transfer the records necessary to effectively decommission the facility to the new licensee. The NRC previously established the need for retentien of certain records until license termination to ensure that a licensee is able to adequately decommission its facility (58 FR 39628).

2. Objectives The existing regulations do not provide _for the transfer of records when a licensee transfers or assigns a license and another person continues licensed activities at the same site under a new or amended license,-nor do the existing regulations provide for the forwarding of records to the NRC prior to: license termination. Continued retention of these records will ensure their availability in the event safety concerns are identified in the 1

'4 b , '.....A't, e . ' . 4. . s 4 e- w ,4 ~ . w . s-

future, and will be available to the NRC and Agreement States to provide the information needed to assess possible risks associated with licensed activities once a license has been terminated. In addition, these revised amendments will improve the regulatory framework relating to facilities where licensed activities will continue after license transfer or re-assignment and will ensure that adequate information to effectively decommission the facility is available to the new licensee.

3.0 Alternatives In developing a solution to the identified problem of records availability, the following alternative regulatory approaches were considered:

1) no action; 2) amendment of licenses; 3) use of regulatory guides; and

4) amendment of regulations.

4.0 Conseauences

a. Cost and Benefits of Alternatives

1. No Action - The benefit of not changing the regulations would be minimal since records that would be needed by the NRC, the new licensee, the disposal site owner, or the party responsible for institutional control may be difficult to obtain. Without a consistent approach some of the needed records could be lost or destroyed inadvertently, resulting in additional costs to the new licensee, the disposal site owner, the party responsible for institutional control, or the NRC to make determinations of public risk.

2. Amendment of Licenses - The only benefit of amending licenses would be in the resources saved in promulgating a new regulation. The costs to ah,end licenses for the 19,800 NRC and Agreement State licensees affected by 2

.= , .

this rule could be higher than those needed for amending the regulation and could result in an inconsistent application of policy.

3. Use of Regulatory Guides - There would be little benefit in using a regulatory guide since a licensee could not be required to forward records to the new licensee, disposal site owner, party responsible for institutional control, or the cognizant regulatory body without additional action.

4.-Amendment of Regulations - The benefit of codifying record retention requirements would result in the availability of the information necessary for the NRC to assess possible risks from a previous licensee's activities and information for licensees to effectively decommission the facility.

Therefore, transfer of the information to the new licensee, the disposal site owner, the party responsible for institutional control, or the cognizant regulatory body would ensure that adequate information will be available to carry out the aforementioned activities.

The costs of-the revised rule would be incurred from transferring records to a new licensee, disposal site owner, party responsible for institutional control for license transfers or re-assignments, or forwarding records to the cognizant regulatory body prior to decommissioning. The records included in the revised rulemaking are already required to be maintained until license termination. In assessing these costs an assumption was made that 3,200 NRC materials licensees possessing unsealed source material or unsealed byproduct material with half-lives greater than 120 days would be affected by the transfer or forwarding of records pertaining to offsite releases and waste disposals sections of the rule and that all 6,600 NRC materials licensees would be affected by the transfer or forwarding of records pertaining to decommissioning sections of the rule.

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4 The NRC's License Management System (LMS), a database of NRC materials licensees, was queried to verify this assumption and determine the number of NRC licensees that would be affected by this rule. Based on the information available for 1994 it was determined that an estimated 3,200 licensees possessed unsealed source material or unsealed byproduct material with half-lives greater than 120 days and would therefore be affected by the sections of the rule dealing with records of offsite releases and waste disposals. A conservative assumption was made that all 6,600 NRC materials licensee would be affected by the sections of the rule addressing decommissioning records. A second query was performed on the LMS to determine the number of affected licensees that terminated or transferred their licenses in 1994, these numbers are 300 and 20 respectively. Of the 300 licensees that terminate their licenses per year 150 would have to forward records pertaining to offsite release and waste disposal, and all 300 would have to forward records pertaining to decommissioning. Of the 20 licensees that could transfer their licenses per year, an assumption was made that only one-half of them would be required to provide records pertaining to offsite release and waste disposal, while all 20 would have to provide decommissioning records.

An assumption was also made regarding the number of Agreement State (AS) licensees that would be affected by this rule by using a two-to-one ratio of AS licensees to NRC licensees. Therefore, the number of AS licensees that would be expected to terminate or transfer annually are 600 and 40

.respectively. The same logic can be applied to determine the number of Agreement State licensees that would be affected by the final rule per year.

By adding the number of affected NRC licensees to the number of affected AS licensees the annual totals are 900 and 60 respectively. For the analysis, it 4

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I

was assumed that although there are only a few low-level waste facilities, one licensee would terminate their license per year and that there would be one low-level waste license transfer each year. A summary of the nunibers of licensees affected by this rule is given in Table 1.

l TABLE 1 i ESTIMATED NUMBER OF NRC AND AGREEMENT STATE MATERIAL LICENSEES l POTENTIALLY AFFECTED ANNUALLY BY THE TERMINATION OR TRANSFER I

0F LICENSED ACTIVITIES RULEMAKING Agreement State NRC All licensees licensees l i c entees Transfer of Records cf Of f site Releases and Records 20 10 30 cf Weste Disposal to New Licensee (30.51(e),

j (Ife), 70 Sl(t))( 7 ) . 7? 80f f))'

Treesf er of Decomissionirig Records to h(. Licensee 40 20 60

( 30 3M a), 40 3f-(f ), /0 ?$(g), 77. 30f d))'

Forwar dirig of Records of Of f site Releases and 300 150 450 Records of Waste Disposal to the cognitant regulatory tiody (3D bl(d), 40.6)(d), 70.51(c)(6),

7?. P Die ))'

Forwarding of Decomissioning Records to the 600 300 900 cognizant regulatory tiody (30.51(f), 40.fl(f),

7 0. 51 ( ti) ( 6 ) , ??.80(e))'

transf er of Records Requir.J by il 61.60(e) and (f) l' I to t he Disposal Site Owner Transfer of Records Required by il 61,60(e) and (f) l' I to the Party Responsible for Institutional care and a copy sent to the Comission Prior to License fermination

'There are no Part 72 Agreement State licensees.

' Licensee may be either Agreement State or NRC licensee, 5

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The costs associated with providing records pertaining to offsite releases and waste disposal to a new licensee in the event of license transfer or re-assignment are shown in Table 2-A. The total cost for the 30 affected licensees would be $3,720 or $124 per licensee.

TABLE 2-A ESTIMATED COSTS ASSOCIATED WITH TRANSFERRING RECORDS PERTAINING TO 0FFSITE RELEASES AND WAS1E DISPOSAL TO NEW LICENSEE Licensee Action Hours / Licensees Technical $taff Clerical $taff Licensee Af f ected by Rule ($52/ hour) (120/ hour)

Verify Required Records 1 30 1.s60.00 to be Transferred Prepa're Required Records 1 30 600.00 for Transfer Verify Records 1 30 1.560.00 Transferred 1sbtotal 3,120.00 000.00 Total 3,720.00 The costs associated with providing records pertaining to decommissioning to the new licensee in the event of license transfer or re-assignment are shown in Table 2-B. -The total cost for the 60 affected licensees would be 514,880 or $248 per licensee.

TABLE 2-B ESTIMATED COSTS ASSOCIATED WITH TRANSFERRING RECORDS PERTAINING TO DECOMMISSIONING TO NEW LICENSEE Licensee Action Hours / Licensees Technical staff Clerical Staff Licensee Af fected by Rule ($$2/ hour) ($20/ hour)

Verify Required Records t 60 6,240.00 to be Transferred Prepare Required Records  ! 60 2.400,00 for Transfer Verify Records t 60 6,240,00 Transferred subtotal 12,480.00 2,400.00 Total 14,880.00 6

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The costs associated with forwarding records pertaining to offsite releases and waste disposal to the cognizant regulatory body are shown in the Table 3-A. The total cost for the 450 affected licensees would be $32,400 or

$72 per licensee.

l l

l TABLE 3-A ESTIMATED COSTS ASSOCIATED WITH FORWARDING RECORDS PERTAINING TO 0FFSITE RELEASES AND WASTE DISPOSAL TO THE COGNIZANT REGULATORY BODY Licensee Action Hours / Licensees Technical Staff Clerical Staff Licensee Af fected by Rule ($52/ hour) (120/ hour)

Verify Required Records 1 450 23.400.00 to be Transferred Prepara Required Records 1 450 9,000.00 for Transfer total 32.400.00 The costs associated with forwarding records pertaining to decomissioning to the cognizant regulatory body are shown in Table 3-B. The total cost for the 900 affected licensees would be $129,600 or $144 per licensee.

TABLE 3-B ESTIMATED COSTS ASSOCIATED WITH FORWARDING RECORDS PERTAINING TO DECOMMISSIONING TO THE COGNIZANT REGULATORY BODY Licensee Action Hours / Licensees Technical Staff Clerical $taff Licensee Af fected by Rule ($52/ hour) ($20/ hour)

Verify Required Record  ! 900 93.600,00 to be Transferred Prepare Required Records 2 900 36.000,00 for Transfer Total 129,600.00 7

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4 The costs associated with transferring records required by 10 CFR 61.80(e)and(f)tothenewlicenseeorsiteowneruponlicensetransferor M-assignment are shown in Table 4 below. Assuming that during a year's time only one low-level waste license transfers its license, the cost incurred would be $186. This may be either an Agreement State or NRC licensee.

TABLE 4 l COSTS ASSOCIATED WITH TRANSFERRING RECORDS REQUIRED BY 10 CFR 61.80(e) & (f) l Licensee Action Hours / Licensees Technical Clerical ,

Licensee Affected by Staff Staff I Rule ($52/ hour) (St0/ hour)

Verify Required Records 1.s a 78.00 '

to be Transferred Prepare Required Records 1.5 1 30.00 for Transfer verify Records 1.5 1 78.00 Transferred Subtotal 156.00 30.00

, Total 186.00 8

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l The costs associated with forwarding records required by 10 CFR 61.80(e) and (f) to the party responsible for-institutional care or the NRC upon license termination are shown in Table 5 below. Assuming that during a year's time only one low-level waste license terminates its license, the cost incurred would be $186. This may be either an Agreement State or NRC licensee.

TABLE 5 COSTS ASSOCIATED WITH FORWARDING RECORDS REQUIRED BY 10 CFR 61.80(e) & (f)

Licensee Action Hours /- Licensees Technical Clerical Licensee Affected by Staff $taff R ule ($52/ hour) ($20/ hour)

Verify Required Records to 1.5 1 78,00

+

be Transferred Prepare Required Records for 1.5 1 30.00 Transfer Verify Records Transferred 1.5 1 78.00 Subtotal 156.00 30.00 Total 166.00 9

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Once the records pertaining to offsite releases and waste disposal are received by the cognizant regulatory body they will have to be indexed, verified for relevancy by technical staff, and then sent for storage. As can be seen from Table 6-A below the cost incurred by the cognizant regulatory body would be $92 per licensee affected by the rule or $41,400 for the 450 licensees annually affected b.y the rule.

TABLE 6-A COSTS INCURRED BY REGULATORY BODIES FOR RECORDS PERTAINING TO OFFSITE RELEASES AND WASTE DISPOSAL Cognizant Regulatory Body Hours / Licensees Technical Clerical Action Licensee. Affected by Staff Staff Rule (152/ hour) (120/ hour)

Verify and Index Records 1 450 23.400.00 Received Prepare Records for 1 450 9.000.00 Transfer to Headouarters Prepare Records for $torage 1 450 0.000.00 Subtotal 23,400.00 18,000.00 Total 41,400.00 10

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Once the records pertaining to decommissioning are received by the cognizant regulatory body they will have to be indexed, verified for relevancy by technical staff, and then sent for storage. As can be seen from

' Table 6-B below the cost incurred by the cognizant regulatory body would be

$206 per licensee affected by the rule or $185,812 for the 902 licensees annually affected by the rule.

TABLE 6-B COSTS INCURRED BY REGULATORY BODIES FOR RECORDS PERTAINING TO DECOMMISSIONING Cogntrant Regulatory Body Hours / Licensees Technical Clerical Action Licensee Affected by staff $teff Rule ($52/ hour) (l?0/ hour)

Verify and index Records 3 902 140,712.00 naceived Prepare Records for 1.5 902 27.060.00 Transfer to Headquarters Prepare Records for $torage 1 902 18,040.00 Subtotal 140.712.00 45,100.00 Total 185.812.00 A summary of the costs of the above amendments for the-affected licensees is estimated to be $166,092. This summary is presented in Table 7.

The annu'al cost to the cognizant regulatory body to index, verify, and prepare the records for storage is estimated to be $227,212. It should be noted that the values presented in Table 7 are only in 1994 dollars for one year. Discounting the values at a 7% rate over a 25 year time period to illustrate the long term effect of this rule results in the a burden to the H cognizant regulatory body of $2,647,020 to cover the annual expenditure of

$227,212. The annual cost to store these records at the Federal Records Center is estimated to be $4,384 for the 902 licensees affected by this rule.

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It should be noted that this value is also expressed in 1994 dollars. The cost to store these records discounted at a rate of 7% over a 25 year time period would be $51,074. This value and the value to index, verify, and prepare the records for storage are exr,ressed as a discounted flow of future funds. The burden for the licensees affected by this rule at the 7% discount rate over 25 years would be $1,934,972 for the 902 licensees affected annually by this rule. Per licensee this burden is $2,145.

TABLE 7 TOTAL ANNUAL IMPLEMENTATION COSTS FOR THE NEW REQUIREMENTS (US DOLLARS)'

Agreemr,t State hRC Lttensees ill Licensees Lie,nsees Transfer of Decomissioning Records to New Ltcensee 9,920 4,960 14,880.00 (30.35(g), 40.36(f), 70.25(g), 72.30(d))'

Transfer of Records of Offsite Releases and Waste Disposal 2,480 1,240 3,720.00 Records to hew Licensee (30.51(e), 40.61(e), 70.51(b)(7),

72.80(f))'

Forwarding of Decomissioning Records to cognizant B6,400 43,200 129,600.00 regulatory body (30.36(k)(4) 40.42(k)(4), 70.3B(k)(4),

72.54(m)(3))'

Forwarding of Recor M of Offsite Releases and Records of 21,600 10,B00 32,400.00 Waste Disposal to cognizant regulatory body (30.51(d),

40.61(d), 70.51(bit 6), 72.80(e))'

Transfer of Records Required by 16 61.80(e) and (f) to the 186' 186 k Disposal Site Owner Transfer of Records Required by ll 61.80(e) and (f) to the 186 1B6 Party Responsible for Institutional care and a copy sent to the Comission Prior to License Termination Total 166,092.00

'These values are only in 1994 dollars.

'There are no Part 72 Agreement State licensees.

' Licensee may either Agreement State or NRC licensee.

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L-. - - ---- - - _ _ _ - - - _ - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - _ _ _ _ _ _ _ _ _ _

l b. Impacts on Other Requirements l There may be a potential impact on the materials inspection program to accommodate the resources to review and index incoming records. Any re-allocation of inspection resources would be confined to the non-core portion of the inspection program. Sending the records to the 'RC N or Agreement State relieves the licensee of the burden of having to review, index, and store them.

- -- -c. Constraints None anticipated.

-5.0 Decision Rationale 5.1. No Action The lack of specificity as to whether licensees should transfer certain records to the new licensee if licensed activities will continue at the same site under a new or amended license, and should forward certain records to the NRC prior to license termination have resulted in instances where there .

have been insufficient records to accurately assess the risks from a previous licensee's operation and to effectively decommission the facility. For these reasons, the alternative of no action is judged to be not viable.

5.2. Amendment of licenses This alternative is not viable because issuance of license amendments for every licensee would result in repetitive efforts and inefficient use of Commission and licensee staff time. With approximately 19,800 licensees affected by this rule, including those in the Agreement States holding 13

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• materials licenses, the cost to the NRC and the Agreement States to amend each of its affected licensees in this 19,800 would be $11,800,000 as compared to $227,212 to index, review, and store the records. The

$11,800,000 value is assuming 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> of clerical time at $20/ hour and 8 hours9.259259e-5 days <br />0.00222 hours <br />1.322751e-5 weeks <br />3.044e-6 months <br /> technical time at $52/ hour to prepare and review each amendment. Each time a new license is issued this cost will have to be added to the preparation of the license and could result in inconsistent application of policy.

5.3 Use of Regulatory Guides As noted above, the lack of a firm regulatory basis for disposition of records increases difficulties associated with a case-by-case approach.

While regulatory guides could be developed regarding records disposition, regulatory guides do not have the force of regulation in compelling licensees to take the desired action.

5.4 Amendment of Regulations This alternative provides the most viable means to ensure that the applicable records will be available when needed at the least cost. The cost to the NRC and Agreement States to amend each of its licenses affected in this 19,800 by the rule is $11,800,000 as compared $227,212 to the cost of indexing, reviewing, and storing the records for the 902 licensees that may terminate or transfer their licenses each year. For this reason, the staff believes that codifying records retention requirements for license transfers, assignments, and terminations provides the best assurance that licensees will retain / transfer the appropriate records.

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6. Implementation

a. Schedule for Impicmenting the Revised Requirement The revision will be published in the Federal Reaister. The final rule includes an effective date for implementation of the changes to allow licensees time to make the required changes.

b. Relationship to Other' Existing Requirements These records are already maintained by licensees until license termination, the revised rule effects their disposition during license transfer, re-assignment, or termination. The revised rule will require that these records be transferred to the new licensee upon license transfer or re-assignment and that these records be sent to the NRC or appropriate Agreement State for storage prior to license termination. Therefore, this revised rule is related to the existing transfer requirements in il 30.34(b),

40.41(b), 61.30(a), 70.32(a)(3), and 72.44(b)(1).

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ENCLOSURE 3 PUBLI'O AFFAIRS ANNOUNCEMENT l

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NRC AMENDS REGULATIONS

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ON RECORDKEEPING REQUIREMENTS The Nuclear Regulatory Commission is amending its regulations to require that companies which transfer or termitate their licenses must forward certain records to successor licensees or to the NRC.

The records affected by the new rule include information on radiation doses to the public caused by licensed activities.

Also affected are records on waste disposal to places other than a licensed radioactive waste disposal facility--by means such as incineration, release to sewers, on-site burials or accidental spills of radioactive material.

Current regulations require licensees to maintain such records, but do not address what happens to the records when a company terminates its activities and gives up its license.

The revisions require a licensee to transfer the appropriate records to a new licensee if licensed actiNities are to continue at the same site. When all licensed activities at the site cease and the last license is terminated, the records would be transferred to the NRC or, in the case of a disposal site, to the party responsible for institutional control of the site, with a copy to the NRC.

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u pu upl 'uuu uu au The revised requirements will be effectivo on (30 days after publication of a Federal Register notice on this subject on .)

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4 ENCLOSURE 4 CONGRESSIONAL LETTERS l

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l gi t UNITED STATES

• a E l NUCLEAR REGULATORY COMMISSION

't WASHINOToN, D.C. 20f4H201

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The Honorable Dan Shaefer, Chairman Subcommittee on Energy and Power Committee on Commerce United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

The NRC has sent to the Office of the Federal Register for publication the enclosed revisions to the Commission's rules in 10 CFR Parts 20, 30, 40, 61, 70, and 72. The amendments address disposition of certain records when a licensee terminates licensed activities or licensed activities are transferred or reas!,igned to another licensee.

Specifically, the revit, ions require individuals licensed under these parts to transfer decommissioning records and certain records of offsite releases and waste disposals to a new licensee in the case of license transfer or re-assignment. The final rule would also require these records to be forwarded to the NRC at license termination. These records are necessary to eMure that licensed facilities are effectively decommissioned prior to license termination.

Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosures:

1. Public Announcement

2. Federal Register Notice cc: Representative Frank Pallone

)

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The Honorable Dan Shaefer, Chairman Subcomittee on Energy and Power Comittee on Commerce United States House of Representatives Washington, DC 20515

Dear Mr. Chairman:

The NRC has sent to the Office of the Federal Register for publication the enclosed revisions to the Comission's rules in 10 CFR Parts 20, 30, 40, 61, 70, and 72. The amendments address disposition of certain records when a licensee terminates licensed activities or licensed activities are transferred or reassigned to another lice see.

Specifically, the revisions recuire individuals licensed under these parts to transfer decomissioning recorcs and certain records of offsite releases and waste disposals to a new licensee in the case of license transfer or re-assignment. The final rule would also require these records to be forwarded to the NRC at license termination. These records are necessary to ensure that licensed facilities are effectively decomissioned prior to license termination.

Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosures:

1. Public Announcement Federal Register Notice

2. '

cc: Representative Frank 'Pallone 1DISTRIBUT10N:

RPHEB R/F - Subject File

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OFFICE RPHEB:DRA C RPHEB:DRA D:DRA D:RES D:OCA NAME MLThomas JEGlenn BMMorris DLMorrison DRathbun DATE 12/ /95 12/ /95 12/ /95 12/ /95 12/ /95 OFFICIAL RECORD COPY RES*3A 3

. . . . . . . . . .. ......--m ,,,.4 A, .... , . . + , ~ ~ - *j

__ _ _ - - - - - 1

panouq It UNITED STATES g-

• NUCLEAR REGULATORY COMMISSION WA3HINGTON, D.C. 20pt@001

%...../ _

The Honorable Lauch Faircloth, Chairman Subcommittee on Clean Air, Wetlands Private Property and Nuclear Safety Comittee on Environment and Public Works United States Senate Washington, DC 20510

Dear Mr. Chairman:

The NRC has sent to the Office of the Federal Register for publication the enclosed revisions to the Comission's rules in 10 CFR Parts 20, 30, 40, 61, 70, and 72. The amendments address disposition of certain records when a licensee terminates licensad activities or licensed activities are transferred or reassigned to another licensee.

Specifically, the revisions recuire individuals licensed under these parts to transfer decomissioning records and certain records of offsite releases and waste disposals to a new licensee in the case of license transfer or re-assignment. The final rule would also require these records to be forwarded to the NRC at license termination. These records are necessary to ensure that licensed facilities are effectively decommissioned prior to license termination.

Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosures:

1. Public Announcement

2. Federal Register Notice cc: Senator Bob Graham m , . . . . . .~. . ., . _ .. .. .. .... .. _ . ,, _ . . . . . . .. .. _._ . A ....3 ,,

l u

f The Honorable Lauch Faircloth, Chairman Subcomittee on Clean Air, Wetlands, Private Property and Nuclear Safety Comittee on Environment and Public Works United States Senate Washington, DC 20510

Dear Mr. Chairman:

The NRC has sent to the Office of the Federal Register for publication the enclosed revisions to the Comission's rules in 10 CFR Parts 20, 30, 40, 61, 70, and 72. The amendments address disposition of certain records when a licensee terminates licensed activities or licensed activities are transferred or reassigned to another licensee.

Specifically, the revisions recuire individuals licensed under these parts to transfer decomissioning recorcs and certain records of offsite releases and waste disposals to a new licensee in the case of license transfer or re-assignment. The final rule would also require these records to be forwarded to the NRC at license termination. These records are necessary to ensure that licensed facilities are effectively decomissioned prior to license termination.

Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosures:

1. Public Announcement

2. Federal Register Notice cc: Senator Bob Graham DISTRIBUTION:

RPHEB R/F - Subject File

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OFFICE RPHEB:DRA C RPHEB:DRA D:DRA D:RES D:OCA NAME MLThomas JEGlenn BMMorris DLMorrison DRathbun DATE 12/ /95 12/ /95 12/ /95 12/ /95 12/ /95 OFFICIAL RECORD COPY RES*3A 3

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Action: Morrison. RES

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UNITED $TATES 'Cys: Taylor NUCLEAR REGULATORY COMMISSION Milhoan L

g- 3 W A$HIN GT ON,0.C. 2066s Thompson /lfj?f)

January ll, 1996 4 *****

ein Thomas, RES

'2Dhu

!' or rect or THE Meyer, ADM SECRtTARY Shelton, IRM

! Paperiello, NMSS '

Bangart, SP 4

, MEMORANDUM TO: - James M. Taylor

Execut v Dir ctor for Operations i FROM

John ,

le) etary

SUBJECT:

JTAFF REQUIREMENTS - SECY-95-298 - FINAL

RULEMAKING - REVISION TO 10 CFR PARTS 20,-30,

! 40, 61, 70, AND 72, TERMINATION OF TRANSFER OF LICENSED ACTIVITIES: RECORD RETENTION '

REQUIREMENTS L

j This is to advise you that the Commission (Chairman Jackson, '

, exercising delegated authority pursuant to a delegation from the Commission *, in accordance with NRC Reorganization Plan No. 1 of t

1980) has not objected to your approval of the Final Rulemaking i- for publication in the Federal Reaister with the' minor changes

indicated in the attachment. (RES) 9400122 e

Attachments

- As stated

- i i

cci Chairman Jackson Commissioner Rogers OGC '

OCA L OIG Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)-

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• This decision was made-after consultation with Commissioner Rogers, who has not indicated an objection to this negative consent item.

l

, SECY NOTE: THIS SRM AND SECY-95-298 WILL BE MADE PUBLICLY

AVAILABLE 5 WORKING DAYS FROM THE DATE OF THIS SRM.

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..T Regulatory Analysis to reflect that, for licenses authorized under Parts 30 or

40. the rule only affects those licensees authorized to possess unsealed byproduct material with half-lives greater than 120 days or unsealed source material. Licensees that use and possess sealed sources, or unsealed byproduct material with short half-lives, are no longer af fected by this rule.

As a result of this change most medical licensees will not need to transfer records in the event of license transfer, or re assignment. Final records disposition for these licensees and others excluded by this rule will still be determined on a case-by-case basis by the NRC at the time of license termination.

(c) The purpose of this rulemaking is to assure that adequate records are available to provide historical information on previous licensed operations in the event significant offsite contamination is detected after a licensee has ceased operation of their facility. To provide flexibility to the Agreement States, the sections of the final rule requiring transmittal of .

records to the NRC at license termination have been designated Division 3 compatibility level. Because the NRC4 has discontinued-its regulatory authority has been relinquishc4-4e in the Agreement States for this material.

it is appropriate that the Agreement States, rather than the NRC, both determine which Agreement State licensee records should be retained at license '

termination and maintain those records.

(d) Records of waste disposals allowed by S 20.2005 currently are required by S 20.2108(b) to be retained until the Commission terminates each pertinent license requiring the record. The Commission is currently evaluating a petition for rulemaking that requests a revision to 5 20.2005 pertaining to waste disposal. This petition is currently on hold until 9

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RESEARCH ACTION ITEM January 18, 1996 MAIL CONTROL FORM 2:25 pm MODIFIED FROM: EDO TO: MORRISON RES No.: 960006 EDO No.:

ACTION NECES/APPR?: N FOIA No.: WITS No.: 9400122 DESCRIPTION: STAFF REQS-SECY-95-298 FINAL RULEMAKING REV TO 10 CFR PARTS 20,30,40, 61....

SPECIAL INSTRUCTIONS:

STATUS:

DOCUMENT DATE: January 11, 1996 RECEIVED BY RES: January 18, 1996 ORIG. DUE TO RES: February 1, 1996 ORIG. DUE TO EDO:

NEW DUE TO REE: NEW DUE TO EDO:

ASSIGNED TO: B. MORRIS, DRA.

FOR SIGNATURE OF:

ROUTING:

D. MORRISON J. GLENN T. SPEIS C. TROTTIER COSTANZI M. THOMASV" RIANI SUMMEROUR I

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