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Releasing Part of a Power Reactor Site or Facility for Unrestricted Use Before the NRC Approves the License Termination Plan
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[Federal Register: September 4, 2001 (Volume 66, Number 171)]
[Proposed Rules]
[Page 46230-46239]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04se01-11]
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NUCLEAR REGULATORY COMMISSION
10 CFR Parts 2, 20, and 50
RIN 3150-AG56
Releasing Part of a Power Reactor Site or Facility for
Unrestricted Use Before the NRC Approves the License Termination Plan
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend
its regulations to standardize the process for allowing a power reactor
licensee to release part of its facility or site for unrestricted use
before the NRC approves the license termination plan (LTP). This type
of release is termed a ``partial site release.'' The proposed rule
would identify the criteria and regulatory framework that a licensee
would use to request NRC approval for a partial site release and
provide additional assurance that residual radioactivity would meet the
radiological criteria for license termination, even if parts of the
site were released before a licensee submits its LTP to the NRC. Also
the proposed rule would clarify that the radiological criteria for
unrestricted use apply to a partial site release.
DATES: The comment period expires on November 19, 2001. Comments
received after this date will be considered if it is practical to do
so, but the NRC is able to ensure consideration only for comments
received on or before this date.
ADDRESSES: Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, Attention: Rulemakings and
Adjudications Staff. Deliver comments to 11555 Rockville Pike,
Rockville, Maryland, between 7:30 am and 4:15 pm on Federal workdays.
You also may provide comments via the NRC's interactive rulemaking
Website (http://ruleforum.llnl.gov). This site provides the capability
to upload comments as files (any format), if your Web browser supports
that function. For information about the interactive rulemaking
Website, contact Ms. Carol Gallagher, (301) 415-5905, e-mail:
cag@nrc.gov.
Documents may be examined, and/or copied for a fee, at the NRC's
Public Document Room, located at One White Flint North, 11555 Rockville
Pike (first floor), Rockville, Maryland. Publicly available records
will be accessible electronically from the ADAMS Public Library
component on the NRC Web site (the Electronic Reading Room),
www.nrc.gov.
FOR FURTHER INFORMATION CONTACT: Mr. W. Mike Ripley, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-1112; or by Internet electronic mail to
wmr@nrc.gov.
SUPPLEMENTARY INFORMATION:
Background
Compliance with the decommissioning and license termination rules
of 10 CFR parts 20, and 50 ensures adequate protection to the public
and the environment from any radioactivity remaining in the facility
and site when the reactor license is terminated. The NRC staff makes
its determination that the licensee has met the license termination
criteria using information submitted by the licensee in its LTP and
final radiation survey. The LTP is not required until 2 years before
the anticipated date of license termination. The license termination
radiation survey is not required until after the licensee completes its
decontamination activities. These requirements were based on the NRC's
anticipation that reactor licensees would permanently cease operations
and then perform the decommissioning and license termination of the
site as one large project. However, in 1999, a licensee informed the
staff that it intended to sell parts of its facility and site before it
permanently ceased operations. It was not clear whether NRC approval
was required for the sale. As a result, the staff was faced with the
need to evaluate the adequacy of the licensee's proposed action before
the licensee was required to submit the information required by the LTP
and the final radiation survey.
In evaluating the staff's response to the proposed sale of parts of
the licensee's facility and site, a number of actions specific to the
case were taken to ensure that the property would meet the radiological
release criteria for unrestricted use of 10 CFR part 20, subpart E.
However, the NRC recognized that the current regulations in 10 CFR
part 50 do not address the release of part of a reactor facility or
site for unrestricted use, or require a licensee to obtain NRC approval
of a partial site release. Thus, there is not a specific requirement to
meet the release criteria under 10 CFR part 20, subpart E, for a
partial site release. The NRC also noted that for purposes of Subpart
E, the boundary of a site is defined in 10 CFR 20.1003 as ``that line
beyond which the land or property is not owned, leased, or otherwise
controlled by the licensee.'' One could argue as a consequence of this
definition that the ``site,'' which is licensed under 10 CFR part 50
and is subject to the license termination and decommissioning
requirements of 10 CFR 50.82 and 10 CFR part 20, subpart E, can be
changed by selling the property.
The purpose of the License Termination Rule (LTR) (61 FR 39301;
July 29, 1996, as amended at 62 FR 39091; July 21, 1997) and 10 CFR
50.82 is to ensure that the residual radioactivity for the licensed
activity is within the criteria of the LTR. To avoid licensees taking a
piecemeal approach to license termination, the LTP must consider the
entire site as defined in the original license, along with subsequent
modifications to the site boundary, to ensure that the entire area
meets the radiological release requirements of 10 CFR part 20, subpart
E, at the time the license is terminated. Therefore, the purpose of the
LTR is to consider the whole site for application of the release
criteria. That is, any site area controlled during the term of the
license must be considered. The proposed rule would clarify this
purpose and not establish new policies or standards. Although no
further surveys of previously released areas are anticipated, the dose
assessment in the LTP must account for possible dose contributions
associated with previously released areas in order to ensure that the
entire area meets the radiological release requirements of 10 CFR part
20, subpart E, (0.25 mSv/yr [25 mrem/yr]
reduced to as low as
reasonably achievable [ALARA]) at the time the license is terminated.
The proposed requirement that licensees maintain records of property
line changes and the radiological conditions of partial site releases
ensures that these potential dose contributions can be adequately
considered at the time of any subsequent partial releases and at the
time of license termination. Specific guidance to assist licensees in
[[Page 46231]]
identifying and accounting for these potential dose contributions is
currently being developed, and will be available before publishing the
final rule.
The proposed rule would, therefore, provide adequate assurance that
residual radioactivity from licensed activities that remains in areas
released for unrestricted use will meet the radiological criteria for
license termination. It should increase public confidence in decisions
to release parts of reactor sites and make more efficient use of NRC
and licensee resources.
The NRC staff has obtained preliminary input from stakeholders at
several public workshops. The suggested approach to handling requests
for partial site release for unrestricted use was presented to the
attendees for comment. Utility and nuclear industry representatives
indicated that licensees need a method to allow them to release parts
of a site before NRC approves the LTP. Utility representatives stated
that formal NRC action would be desirable to provide finality and legal
closure after part of a reactor site or facility is released. Although
there were no negative comments received from representatives of public
interest groups attending the workshops, a number of questions were
raised on the implementation of the proposed rule. These questions have
been addressed below, or added to the Issues for Public Comment section
in order to solicit further public comment. Depending on the comments
received on this proposed rule, the NRC may hold additional workshops
or other public meetings before issuance of the final rule in order to
solicit further stakeholder input.
Discussion of Proposed Rule
The strategy for developing the proposed rule is to narrow its
applicability to power reactor licensees to be responsive to current
industry needs while also protecting the health and safety of the
public. A separate rulemaking would be needed to address the wide
variety of materials sites, many of which are technically more complex
from a decommissioning perspective than reactor sites, to provide a
uniform and consistent agency approach to partial site release. The
proposed rule would require NRC approval for a partial site release at
a reactor site before NRC approval of the licensee's LTP.
The approval process by which the property is released depends on
the potential for residual radioactivity from plant operations
remaining in the area to be released. First, for proposed release areas
classified as non-impacted and, therefore, having no reasonable
potential for residual radioactivity, the licensee would be allowed to
submit a letter request for approval of the release containing specific
information for NRC approval. In these cases, as there is no reasonable
potential for residual radioactivity, NRC would approve the release of
the property by letter upon determining that the licensee has otherwise
met the criteria of the proposed rule and no change to a license or
technical specifications description of the site is necessary. Guidance
for demonstrating that a proposed release area is non-impacted is
contained in NUREG-1575, Revision 1, ``Multi-agency Radiation Survey
and Site Investigation Manual (MARSSIM).'' NRC would generally not
perform radiological surveys and sampling of a non-impacted area.
However, should NRC determine surveys and sampling were needed, such
would be done as part of NRC's inspection process. Second, for areas
classified as impacted and, therefore, having some potential for
residual radioactivity, the licensee would submit the required
information in the form of a license amendment for NRC approval. The
proposed amendment also would include the licensee's demonstration of
compliance with the radiological criteria for unrestricted use
specified in 10 CFR 20.1402. Regulatory guidance for performing this
demonstration is contained in NUREG-1727, ``NMSS Decommissioning
Standard Review Plan.'' In both cases, public participation
requirements and additional recordkeeping would be addressed.
This approval approach is a departure from that presented to the
Commission in the NRC staff's rulemaking plan (SECY-00-0023, February
2, 2000). At that time, it was thought that if a licensee could
demonstrate that the radioactivity associated with any residual
material remaining after remediation of impacted areas was no longer
distinguishable from the background radioactivity, the approval could
be treated in the same manner as a non-impacted area, and the release
area could be approved by letter as opposed to a license amendment.
However, in light of the variability in background and the limitation
of survey instruments, the approach would require the definition of
some minimum dose or concentration above mean background against which
to compare survey results. Because the NRC has not established such
value, the NRC is no longer considering the use of background as a
release criterion. The proposed release area's classification as either
impacted or non-impacted will determine whether the release may be
approved by letter, or whether a license amendment is required.
Guidance for demonstrating that a proposed release area is non-impacted
is contained in NUREG-1575, Revision 1.
Subpart K of 10 CFR Part 20 provides in Sec. 20.2002 that a
licensee may request NRC approval of a proposed disposal method that is
not otherwise authorized by NRC regulations. Some have argued that a
partial site release should be covered by Sec. 20.2002; however, a
partial site release leaving residual radioactivity at a site that
meets the release criteria for unrestricted use of 10 CFR 20.1402 is
not considered a disposal. In any case, the proposed rule, if adopted,
would authorize partial site releases, thereby removing the argument
that a partial site release is within the scope of Sec. 20.2002.
Additionally, any disposals made under Sec. 20.2002 on those portions
of the site proposed for release will be considered impacted areas.
In contrast to the license termination process, the proposed rule
does not require a license amendment to release property for
unrestricted use in all cases. The NRC believes this difference is
justified for the following reasons. First, the license termination
process was created to deal with the facility or site as a whole, which
inevitably involves handling residual radioactivity, such as that found
in plant systems. The proposed rule preserves the license amendment
approach for those cases in which the potential exists for residual
radioactivity and requires that the area meets the radiological
criteria for unrestricted use. Second, for cases in which the change
does not adversely affect reactor safety and it is demonstrated that
the area is non-impacted and, therefore, there is no reasonable
potential for residual radioactivity, a license amendment is not
required to adequately protect public health and safety. The proposed
rule with its clearly defined criteria would be sufficient. The NRC's
oversight role is to ensure that the licensee meets the criteria.
The proposed rule would amend 10 CFR Part 2 to provide an
opportunity for a Subpart L hearing on the amendment. The hearing, if
conducted, must be completed before the property is released for use.
However, for cases where it is demonstrated that the area is non-
impacted and, therefore, there is no reasonable potential for residual
radioactivity, a license amendment is not required by the proposed
rulemaking. A review of a licensee's proposed partial site release in
such cases is essentially a compliance review
[[Page 46232]]
to determine if the release would otherwise meet the defined criteria
of the regulation. Assuming the partial site release does not result in
a change to an existing license, the approval of the partial site
release under these circumstances does not require a license amendment
(see Cleveland Electric Illuminating, et al. (Perry Nuclear Power
Plant, Unit 1), CLI-96-13, 44 NRC 315, 328 (1996)). In these cases, the
required public meeting held before the release approval is granted
will serve as a forum for public comments on the proposed release.
In some cases, a reactor or site-specific Independent Spent Fuel
Storage Installation (ISFSI) license may contain license conditions or
Technical Specifications that define the site boundary in detail, such
as a site map. In these cases (because the site boundary would change),
a reactor licensee would be required to submit a license amendment
application for a partial site release regardless of the potential for
residual radioactivity in the area to be released. However, under
current regulations, a licensee could amend its license to remove the
definition of site boundary, without reference to a partial site
release, and then proceed to perform the release, without obtaining NRC
approval. The proposed rule would require NRC approval for a partial
site release regardless of the amount of detail defining the site in
the operating license.
The proposed rule provides for public participation. The NRC would
notice receipt of a licensee's proposal for a partial site release,
regardless of the potential for residual radioactivity, and make it
available for public comment. In addition to the opportunity for a
hearing on a license amendment, the NRC also would hold a public
meeting in the vicinity of the site to discuss the licensee's request
for approval or license amendment application, as applicable, and
obtain comments before approving the release.
Members of the public have expressed concern that a licensee could
use a series of partial site releases to avoid applying the criteria of
the license termination rule. Members of the public are concerned that
the lack of specific regulation for partial site releases could result
in inconsistent application of safety standards and insufficient
regulatory oversight of licensee actions. They also note that the
public participation requirements of the license termination rule do
not specifically apply to a partial site release. The proposed rule
would address these concerns.
The proposed rule would not provide for a partial site release
under restricted conditions, nor has any reactor licensee expressed
interest in releasing property for restricted use.
The proposed rule would apply only to cases in which a reactor
licensee intends to perform a partial site release before the NRC
approves its LTP. When an LTP is submitted, a licensee can propose
releasing its site in stages if it so desires. The NRC staff will
evaluate the licensee's plan and approve it, if it is adequate, by
license amendment. Once the LTP is approved, there is no longer any
need for a separate regulatory mechanism for partial site releases.
In addition, the provisions of the ``timeliness in
decommissioning'' rule for materials facilities in 10 CFR 30.36, 40.42,
70.38, and 72.54 do not apply to a partial site release at a power
reactor site. These rules were issued to avoid long periods of delay in
decommissioning materials facilities following cessation of operations.
Unlike reactor facilities, where a period of safe storage can result in
reduced occupational radiation exposure for decommissioning, materials
facilities do not always realize much dose reduction benefit from an
extended period of storage.
Sections 30.36, 40.42, 70.38, and 72.54 require decommissioning to
begin within 24 months of cessation of principal activities, even if
only a part of the site is not used, and whether or not a licensee
declares an end to operations. In contrast, 10 CFR 50.82, the license
termination rule for reactors, requires a licensee to certify the
permanent cessation of operations before the decommissioning time clock
starts. A reactor licensee has the option to begin decommissioning at
any time following the submittal of certain certifications and reports,
as long as decommissioning is completed within 60 years following
permanent shutdown. This option allows for a period of safe storage
that results in reduced occupational exposure.
The partial site release proposed rule would make the following
changes to 10 CFR part 50:
Add a new section, separate from the license termination
process of Sec. 50.82, to address the release of part of a reactor
facility or site for unrestricted use before the LTP is approved.
Specify criteria for the licensee to fulfill to obtain NRC
approval of a partial site release.
Allow a written request for release approval and not
require a license amendment for releases of property if the licensee
demonstrates that the area is non-impacted and, therefore, there is no
reasonable potential for residual radioactivity in the area to be
released. The release would be approved if all the proposed criteria
are met.
Require a license amendment that contains the licensee's
demonstration of compliance with the radiological criteria for
unrestricted use (0.25 mSv/yr [25 mrem/yr]
and ALARA) for releases of
property in which the area is classified as impacted and, therefore, a
reasonable potential for residual radioactivity in the area to be
released exists.
Revise the LTP requirements to account for property that
was released before a licensee received approval of its LTP.
Require the NRC to hold a public meeting to inform the
public of the partial site release request and receive public comments
before acting on the request.
Require additional recordkeeping of the acquisition and
disposition of property included in the site.
Add supporting definitions of key terms.
The partial site release proposed rule would make the following
changes to 10 CFR part 20:
Include releasing part of a facility or site for
unrestricted use within the scope of the radiological criteria for
license termination.
Include releasing part of a facility or site for
unrestricted use within the scope of the criteria by which the NRC may
require additional cleanup on receiving new information following the
release.
The partial site release rulemaking would make the following change
to 10 CFR part 2:
Provide for informal hearings in accordance with Subpart L
for amendments associated with partial site releases.
Section-by-Section Analysis
10 CFR Part 2, Subpart L, ``Informal Hearing Procedures for
Adjudications in Materials and Operator Licensing Proceedings''
Informal hearing procedures are specified in 10 CFR part 2, subpart
L. Section 2.1201(a)(1) applies to materials licenses under parts 30,
40, and 70. Section 2.1201(a)(3) applies to requests for a hearing for
amendments to a part 50 license for licensees that have certified
permanent cessation of operations and permanent removal of fuel from
the reactor and permanently removed fuel from the part 50 facility. It
applies to decommissioning reactors that have either removed spent fuel
from the site, or have placed it in an
[[Page 46233]]
independent spent fuel storage installation licensed under part 72.
The NRC believes that conditions in a part of a reactor facility or
site released for unrestricted use are equivalent to the conditions
specified in Sec. 2.1201(a)(3). The proposed amendment underlying the
hearing request would principally address the transfer of land, and not
reactor operations. The issues would also be similar to the materials
licensing issues that are currently subject to subpart L under
Sec. 2.1201(a)(1).
An amendment to 10 CFR part 2, subpart L, is required to permit use
of these informal hearing procedures for amendments associated with
partial site releases at nuclear power reactors. It should be noted
that the proposed rule does not provide for license amendments to
authorize partial site releases where there is no reasonable potential
for residual radioactivity in the area to be released. As there are no
license amendments in these cases, there are no corresponding
opportunities for hearings. However, public meetings will be noticed in
these cases to obtain comments before NRC action on the release.
10 CFR Part 20, ``Standards for Protection Against Radiation''
In 10 CFR part 20, the NRC provides standards for protection
against radiation. These standards are applicable to reactor licensees
as long as they hold a license. The subparts relevant to the partial
site release issue are Subpart D (``Radiation Dose Limits for
Individual Members of the Public'') and Subpart E (``Radiological
Criteria for License Termination'').
10 CFR Part 20, Subpart D, ``Radiation Dose Limits for Individual
Members of the Public''
The radiation dose limits specified in 10 CFR part 20, subpart D,
set the annual limit for an individual member of the public at 1.0 mSv/
yr (100 mrem/yr). However, there are a number of more stringent dose
standards applicable to power reactor licensees that must also be
considered. These standards include the Environmental Protection Agency
(EPA) environmental radiation standard incorporated in Sec. 20.1301(d),
the Subpart D compliance standards in Sec. 20.1302(b), the radiological
effluent release objectives to maintain effluents ALARA in Appendix I
to 10 CFR part 50, and any dose standards which may be established by
special license conditions.
A licensee performing a partial site release must continue to
comply with the public dose limits and standards as they pertain to the
area remaining under the license. In addition, the licensee must comply
with the public dose limits for effluents, etc., entering the released
portion of the site. As a practical matter, a licensee must demonstrate
that moving its site boundary closer to the operating facility would
not result in a dose to a member of the public that exceeds these
criteria. If residual radioactivity exists in the area to be released
for unrestricted use, the dose caused by the release must be considered
along with that from the licensee's facility, as well as, for the case
of the EPA's standard incorporated in Sec. 20.1301(d), that from any
other uranium fuel cycle operation in the area, for example a facility
licensed under 10 CFR part 72, to determine compliance with the above
standards. As a consequence, a partial site release for unrestricted
use that contains residual radioactivity may have to meet a standard
lower than the radiological criteria of 10 CFR part 20, subpart E,
discussed below because the combined dose from the partial site release
and the dose from these other sources must meet the public dose limits
and standards described above.
10 CFR Part 20, Subpart E, ``Radiological Criteria for License
Termination''
The scope of subpart E applies to decommissioning reactor
facilities. However, as currently written, it does not specifically
apply to operating reactors. The reactor remains ``operating'' until a
licensee submits the certifications of permanent cessation of
operations specified in Sec. 50.82(a)(1), when it begins
``decommissioning.''
Radiological criteria for license termination contained in 10 CFR
part 20, subpart E, limit radiation exposure to the ``average member of
the critical group.'' The limit applicable to release for unrestricted
use is 0.25 mSv/yr (25 mrem/yr) total effective dose equivalent (TEDE),
with additional reductions consistent with the ALARA principle. The
determination of ALARA in these cases explicitly requires balancing
reduction in radiation risk with the increase from other health and
safety risks resulting from the work done to decontaminate a site, such
as adverse health impacts from transportation accidents that might
occur if larger amounts of waste soil are shipped for disposal. The
standard applies to doses resulting from ``residual radioactivity
distinguishable from background radiation'' and includes dose from
groundwater sources of drinking water. The standard for unrestricted
use in 10 CFR part 20, subpart E, does not include dose from effluents
or direct radiation from continuing operations. However, as noted in
the above section on public dose limits, the dose from these sources
must be considered when demonstrating compliance with the radiological
release criteria.
Section 20.1401(c) limits additional cleanup following the NRC's
termination of the license. Additional cleanup would only be required
if new information reveals that the requirements of subpart E were not
met and a significant threat to public health and safety remains from
residual radioactivity. Similarly, the proposed rule would include the
portions of the site released for unrestricted use within the scope of
the criteria by which the Commission may require additional cleanup on
the basis of new information received following the release.
The proposed rulemaking is intended to apply subpart E to power
reactor licensees, both operating and decommissioning, that have not
received approval of the LTP. Because an LTP is required for license
termination under restricted conditions (Sec. 20.1403(d)) or alternate
criteria (Sec. 20.1404(a)(4)), only the ``unrestricted use'' option
would be available to licensees for a partial site release before
receiving approval of the LTP.
The proposed rule would not require an analysis to demonstrate that
the area to be released meets the criteria of Sec. 20.1402 for cases in
which the licensee is able to demonstrate that there is no reasonable
potential for residual radioactivity in the area to be released. In
these cases, compliance with Sec. 20.1402 is demonstrated by providing
documentation of an evaluation of the site to identify areas of
potential or known sources of radioactive material that concludes that
the area is non-impacted and there is, therefore, no reasonable
potential for residual radioactivity. Acceptable guidance describing
the performance of this demonstration is contained in NUREG-1575,
Revision 1.
For areas classified as impacted, the proposed rule would require a
license amendment that includes a demonstration of compliance with
Sec. 20.1402 for the area that is released for unrestricted use.
Guidance for performing this classification is contained in NUREG-1727.
This guidance can be used to support a license amendment request for
partial site release.
An amendment to part 20, subpart E, that revises Sec. 20.1401(a)
and Sec. 20.1401(c) would add the release of part of a facility or site
for unrestricted
[[Page 46234]]
use to the provisions and scope of 10 CFR part 20, subpart E.
10 CFR 50.2, ``Definitions''
The NRC issued technical guidance after the decommissioning rules
of Sec. 50.82 were amended in 1996. Those documents included NUREG-1575
which defined terms (historical site assessment, impacted, and non-
impacted) that are critical to implementing the amended regulations. In
order for a licensee to adequately demonstrate compliance with the
radiological criteria for license termination in 10 CFR part 20,
subpart E, the licensee must evaluate its site to identify areas of
potential or known sources of radioactive material and classify those
areas according to the potential for radioactive contamination. The
evaluation is known as a historical site assessment. The historical
site assessment is an investigation to collect information describing a
site's complete history from the start of site activities to the
present time. Information collected will typically include site files,
monitoring data, and event investigations, as well as interviews with
current or previous employees to collect firsthand information. The
assessment results in classifying areas according to the potential for
containing residual radioactivity. Areas that have no reasonable
potential for residual radioactivity in excess of natural background or
fallout levels are classified as non-impacted areas. Areas with some
potential for residual radioactivity in excess of natural background or
fallout levels are classified as impacted areas. Further discussion
regarding the meaning and use of these terms is contained in NUREG-
1575.
An amendment to Sec. 50.2 would add the definitions for
``Historical Site Assessment,'' ``Impacted Areas,'' and ``Non-impacted
Areas.''
10 CFR 50.75, ``Reporting and Recordkeeping for Decommissioning
Planning''
In Sec. 50.75(c), the NRC defines the amount of financial assurance
required for decommissioning power reactors. There is no provision to
adjust the amount to account for the costs of a partial site release.
One point of view argues that a partial site release would reduce the
cost of decommissioning for the remainder of the site. However, the NRC
does not recommend reducing the required amount for the following
reasons. Costs incurred for purposes other than reduction of residual
radioactivity to permit release of the property and termination of the
license are not included in the amount required for decommissioning
financial assurance. A partial site release may incur costs that do not
fit the definition of decommissioning. Therefore, an evaluation of the
costs would be necessary to determine what adjustment, if any, was
appropriate. In addition, the cost of a partial site release is
expected to be a small fraction of the cost of decommissioning. Such a
small adjustment can be considered within the uncertainty range of the
amount specified in Sec. 50.75(c) and does not provide a compelling
reason to undertake the technical justification of adding a generically
applicable adjustment factor to the requirement.
In Sec. 50.75(g), the NRC requires keeping records of information
important to decommissioning. Currently, there are three categories of
information required: (1) Spills resulting in significant contamination
after cleanup; (2) as-built drawings of structures and equipment in
restricted areas; and (3) cost estimates and funding methods.
Information on structures and land that were included as part of the
site is also important to decommissioning in order to ensure that the
dose effects from partial releases are adequately accounted for when
the license is terminated.
Records relevant to decommissioning must be retained until the
license is terminated. The proposed rule would require a licensee to
identify its facility and site, as defined in the original license, to
include a map, and to record any additions to or deletions from the
site since original licensing, along with records of the radiological
conditions of any partial site releases. These records will ensure that
potential dose contributions associated with partial site releases can
be adequately considered at the time of any subsequent partial releases
and at the time of license termination. The proposed recordkeeping is
made effective when the rule becomes effective.
The purpose of the License Termination Rule (LTR) (61 FR 39301;
July 29, 1996, as amended at 62 FR 39091; July 21, 1997) and 10 CFR
50.82 is to ensure that any residual radioactivity associated with
licensed activity is within the radiological release requirements of 10
CFR part 20, subpart E, at the time the license is terminated. Although
not previously codified, the requirement to maintain records of the
entire site as defined in the original license, along with subsequent
modifications to the site boundary, clarifies the intent of the LTR and
is necessary to ensure that potential dose contributions from the
entire area can be adequately considered in demonstrating compliance
with the release criteria. The proposed recordkeeping, therefore,
applies to all licensees, including those who modify the site boundary
by releasing a part of their site prior to NRC approval of their LTP.
It is expected that licensees are already maintaining property records
in order to comply with the LTR at the time of license termination and,
therefore, the proposed recordkeeping does not establish new policies,
standards, or requirements not already inherent to compliance with the
radiological release criteria of the LTR.
10 CFR 50.82, ``Termination of License''
Section 50.82(a)(9) requires the submittal of an application for
license termination that includes an LTP. Section 50.82(a)(11) requires
that the NRC make a determination that the final survey and associated
documentation provided by a licensee demonstrate that the site is
suitable for release at the time the license is terminated. These
sections codify the NRC's views that (1) certain information is
required to evaluate the adequacy of a licensee's compliance with the
radiological criteria for license termination in 10 CFR part 20,
subpart E, and (2) the license termination criteria are applicable to
the entire site. However, because the LTP is not required until 2 years
before the anticipated date of license termination, a licensee may
perform a partial site release before it submits the necessary
information. The information required when the LTP is submitted refers
to the ``site.'' It is not clear that a licensee could be required to
include the areas released because they no longer are part of the
``site.'' The NRC is concerned that a licensee could adopt partial site
release as a piecemeal approach to relinquish responsibility for a part
of its site without going through the license termination process and
without ensuring that the release criteria of 10 CFR part 20, subpart
E, are met.
A new paragraph, Sec. 50.82(a)(9)(ii)(H), would include the
identification of parts of the site released for unrestricted use
before approval of the LTP with the information listed in the LTP.
An amendment to Sec. 50.82(a)(11)(ii) would require that the final
radiation survey and associated LTP documentation, demonstrating that
the site is suitable for release in accordance with the criteria in 10
CFR part 20, subpart E, include any parts released for use before
approval of the LTP. Although no further surveys of previously released
areas are anticipated, the dose assessment in the
[[Page 46235]]
LTP must account for possible dose contributions associated with
previous releases in order to ensure that the entire area meets the
radiological release requirements of 10 CFR part 20, subpart E (0.25
mSv/yr [25 mrem/yr]
reduced to ALARA) at the time the license is
terminated. The proposed requirement that records of property line
changes and the radiological conditions of partial site releases be
maintained by licensees would ensure that these potential dose
contributions can be adequately considered at the time of any
subsequent partial releases and at the time of license termination.
Specific guidance to assist licensees in identifying and accounting for
these potential dose contributions is currently being developed.
10 CFR 50.83, ``Release of Part of a Facility or Site for Unrestricted
Use''
The proposed rule would add a new Sec. 50.83, separate from the
current decommissioning and license termination rules, that identifies
the criteria and regulatory framework for power reactor licensees that
seek to release part of a facility or site for unrestricted use at any
time before receiving approval of an LTP.
The proposed rule would require NRC approval for a partial site
release. The approval process by which the property is released would
depend on the potential for residual radioactivity from plant
operations remaining in the area to be released. First, for proposed
release areas classified as non-impacted and, therefore, having no
reasonable potential for residual radioactivity, the licensee would be
allowed to submit a letter request for approval of the release
containing specific information for NRC approval. Because there is no
reasonable potential for residual radioactivity in these cases, NRC
would approve the release of the property by letter after determining
that the licensee has met the criteria of the proposed rule. Guidance
for demonstrating that a proposed release area is non-impacted is
contained in NUREG-1575, Revision 1. NRC would generally not perform
radiological surveys and sampling of a non-impacted area. However,
should NRC determine surveys and sampling were needed, such would be
done as part of NRC's inspection process. Second, for areas classified
as impacted and, therefore, that do have some potential for residual
radioactivity, the licensee would submit the required information in
the form of a license amendment for NRC approval. The proposed
amendment also would include the licensee's demonstration of compliance
with the radiological criteria for unrestricted use specified in 10 CFR
20.1402. Regulatory guidance for performing this demonstration is
contained in NUREG-1727.
Licensees may find it beneficial to review their survey plans and
design with the NRC staff before performing the surveys. As warranted,
NRC will conduct parallel and/or confirmatory radiation surveys and
sampling to ensure that the licensee's conclusions are adequate.
The proposed rule is intended to apply 10 CFR part 20, subpart E,
to reactor licensees that have not received approval of the LTP.
Because an LTP is required for license termination under restricted
conditions (Sec. 20.1403(d)) or alternate criteria
(Sec. 20.1404(a)(4)), only the ``unrestricted use'' option would be
available to licensees for a partial site release before receiving
approval of the LTP.
The proposed rule also would require a licensee to evaluate the
effect of releasing the property to ensure that it would continue to
comply with all other applicable statutory and regulatory requirements
that may be impacted by the release of property and changes to the site
boundary. This would include, for example, regulations in 10 CFR parts
20, 50, 72, and 100. In those instances involving license amendments,
licensees also would be required to provide a supplement to the
existing environmental report to address the planned release. This
requirement is similar to the requirement of 10 CFR 50.82(a)(9)(ii)(G).
The proposed rule provides for public participation. The NRC will
notice receipt of a licensee's proposal for a partial site release,
regardless of the amount of residual radioactivity involved, and make
it available for public comment. The NRC also will hold a public
meeting in the vicinity of the site to discuss the licensee's release
approval request or license amendment application, as applicable.
Issues for Public Comment
The NRC encourages comments concerning the content, level of detail
specified, and the implementation of the proposed amendments.
Suggestions or alternatives other than those described in this document
and estimates of cost for implementation are encouraged. The NRC is
particularly interested in receiving comments on the following issues
related to this proposed rule:
1. Are there rulemaking alternatives to this proposed rule that
were not considered in the regulatory analysis for this proposed rule?
2. Are the proposed definitions in Sec. 50.2 clear?
3. Is public involvement adequately considered?
4. Should the license amendment process be required for all partial
site release approvals, regardless of whether the site has been
classified as non-impacted?
5. Does the proposed rule make it adequately clear that when
performing partial site releases and when releasing the entire site at
license termination, licensees must consider potential dose
contributions from previous partial releases in demonstrating
compliance with the radiological release criteria?
6. Is there reason to limit the size or number of partial site
releases?
7. Are there other potential impacts on continued operation or
decommissioning activities as a result of partial site releases that
should specifically be considered in the rule?
Referenced Documents
Copies of NUREG-1575, NUREG-1727, and SECY-00-0023 may be examined,
and/or copied for a fee, at the NRC's Public Document Room, located at
One White Flint North, 11555 Rockville Pike (first floor), Rockville,
Maryland. These documents are also accessible on the NRC Web site at
www.nrc.gov.
Plain Language
The Presidential memorandum dated June 1, 1998, entitled ``Plain
Language in Government Writing'' directed that the Government's writing
be in plain language. This memorandum was published on June 10, 1998
(63 FR 31883). In complying with this directive, editorial changes have
been made in this proposed rule to improve readability of the existing
language of those provisions being revised. These types of changes are
not discussed further in this document. The NRC requests comment on the
proposed rule specifically with respect to the clarity and
effectiveness of the language used. Comments should be sent to the
address listed under the ADDRESSES heading.
Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995, Pub.
L. 104-113, requires that Federal agencies use technical standards that
are developed or adopted by voluntary consensus standard bodies unless
the use of such a standard is inconsistent with applicable law or is
otherwise impractical. In this proposed rule, the NRC proposes to
standardize the process for allowing a licensee to release part of its
reactor facility or site for unrestricted use before NRC approves the
LTP. This proposed rule would not
[[Page 46236]]
constitute the establishment of a standard that establishes generally
applicable requirements, and the use of a voluntary consensus standard
is not applicable.
Finding of No Significant Environmental Impact: Availability
The Commission has determined that under the National Environmental
Policy Act of 1969, as amended, and the Commission's regulations in
subpart A of 10 CFR part 51 that this rule, if adopted, would not be a
major Federal action significantly affecting the quality of the human
environment and, therefore, an environmental impact statement is not
required.
There are no significant radiological environmental impacts
associated with the proposed action. The proposed action does not
involve non-radiological plant effluents and has no other environmental
impact. Therefore, NRC expects that no significant environmental impact
would result from the proposed rule.
The determination of the environmental assessment is that there
would be no significant offsite impact to the public from this action.
However, the general public should note that the NRC is seeking public
participation. Comments on any aspect of the environmental assessment
may be submitted to the NRC as indicated under the ADDRESSES heading.
The NRC has sent a copy of the environmental assessment and this
proposed rule to every State Liaison Officer and requested their
comments on the environmental assessment.
Paperwork Reduction Act Statement
This proposed rule amends information collection requirements that
are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.). This rule has been submitted to the Office of Management and
Budget (OMB) for review and approval of the information collection
requirements.
The burden to the public for this information collection is
estimated to average 582 hours per response, including the time for
reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
information collection. The U.S. Nuclear Regulatory Commission is
seeking public comment on the potential impact of the information
collections contained in the proposed rule and on the following issues:
1. Is the proposed information collection necessary for the proper
performance of the functions of the NRC, including whether the
information will have practical utility?
2. Is the estimate of burden 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?
Send comments on any aspect of this proposed information
collection, including suggestions for reducing the burden, to the
Records Management Branch (T-6 E6), U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, or by Internet electronic mail at
bjs1@nrc.gov; and to the Desk Officer, Office of Information and
Regulatory Affairs, NEOB-10202 (3150-0011), Office of Management and
Budget, Washington, DC 20503.
Comments to OMB on the information collections or on the above
issues should be submitted by October 4, 2001. Comments received after
this date will be considered if it is practical to do so, but assurance
of consideration cannot be given to comments received after this date.
Public Protection Notification
If a means used to impose an information collection does not
display a currently valid OMB control number, the NRC may not conduct
or sponsor, and a person is not required to respond to, the information
collection.
Regulatory Analysis
The Commission has prepared a regulatory analysis on this proposed
regulation. The analysis examines the costs and benefits of the
alternatives considered by the Commission. The regulatory analysis may
be examined, and/or copied for a fee, at the NRC's Public Document
Room, located at One White Flint North, 11555 Rockville Pike (first
floor), Rockville, Maryland. The Commission requests public comment on
the regulatory analysis. Comments on the analysis may be submitted to
the NRC as indicated under the ADDRESSES heading.
Regulatory Flexibility Certification
In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C.
605(b)), the Commission certifies that this proposed rule would not, if
adopted, have a significant economic impact on a substantial number of
small entities. This proposed rule would affect only the licensing and
operation of nuclear power plants. The companies that own these plants
do not fall within the scope of the definition of ``small entities''
set forth in the Regulatory Flexibility Act or the Small Business Size
Standards set out in 10 CFR 2.810.
Backfit Analysis
The NRC has determined that the backfit rule does not apply to this
proposed rule; therefore, a backfit analysis is not required for this
proposed rule because it does not involve any provisions that would
impose backfits as defined in 10 CFR 50.109(a)(1).
The proposed rule would clarify the application of the radiological
criteria of the license termination rule (LTR) [62 FR 39091 (July 21,
1997)]
for partial site release and the relationship between partial
site release and decommissioning of a site under 10 CFR 50.82. A
backfit analysis was not required for the LTR because it did not
involve reactor operations, and it was not required for 10 CFR 50.82
because that rule was imposed to ensure adequate protection of the
public health and safety. Because a backfit analysis was not required
for either the LTR or for 10 CFR 50.82, it does not appear that it
would be needed for this rulemaking action.
Additionally, the purpose of the LTR and 10 CFR 50.82 is to ensure
that the residual radioactivity from the licensed activity is within
the criteria of the LTR. The LTR requires that any previously approved
onsite disposals be reconsidered in determining releases under the LTR.
As to previously approved offsite releases, Section F.2.3. of the
Statement of Considerations for the final LTR describes a limited
grandfathering of previously approved partial site releases. The NRC
stated that guidance would be issued on how licensees should address
previously released portions of licensed sites. Consequently, while a
previously approved partial site release meeting the LTR criteria would
not need to be reconsidered, absent new information in accordance with
10 CFR 20.1401(c), it was not the intent of the rule that interaction
from the previously released residual radiation be excluded from
consideration in the release decision for the remaining portions of the
site. To read the LTR as not requiring the radiation interactions from
the previously released site to be considered in making release
determinations on the remaining site would permit a licensee to release
a site that would otherwise not meet the LTR criteria by releasing the
site by segments, each one below the criteria of the LTR. Such an
approach would defeat the intent of the LTR to consider all the
residual radioactivity from the licensed activity in meeting the LTR
criteria. This rulemaking would
[[Page 46237]]
clarify the intent of the LTR and not establish new policies or
standards.
Accordingly, the proposed rule's provisions do not constitute a
backfit and a backfit analysis need not be performed. However, the
staff has prepared a regulatory analysis that identifies the benefits
and costs of the proposed rule and evaluates other options for
addressing the identified issues. As such, the regulatory analysis
constitutes a ``disciplined approach'' for evaluating the merits of the
proposed rule and is consistent with the underlying intent of the
backfit rule.
List of Subjects
10 CFR Part 2
Administrative practice and procedure, Antitrust, Byproduct
material, Classified information, Environmental protection, Nuclear
materials, Nuclear power plants and reactors, Penalties, Sex
discrimination, Source material, Special nuclear material, Waste
treatment and disposal.
10 CFR Part 20
Byproduct material, Criminal penalties, Licensed material, Nuclear
material, Nuclear power plants and reactors, Occupational safety and
health, Packaging and containers, Radiation protection, Reporting and
recordkeeping requirements, Source material, Special nuclear material,
Waste treatment and disposal.
10 CFR Part 50
Antitrust, Classified information, Criminal penalties, Fire
protection, Intergovernmental relations, Nuclear power plants and
reactors, Radiation protection, Reactor siting criteria, Reporting and
recordkeeping requirements.
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. 553, the NRC is proposing to
adopt the following amendments to 10 CFR parts 2, 20, and 50.
PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND
ISSUANCE OF ORDERS
1. The authority citation for Part 2 continues to read as follows:
Authority: Secs.161, 181, 68 Stat. 948, 953, as amended (42
U.S.C. 2201, 2231); sec. 191, as amended, Pub. L. 87-615, 76 Stat.
409 (42 U.S.C. 2241); sec. 201, 88 Stat.1242, as amended (42 U.S.C.
5841); 5 U.S.C. 552.
Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104,
105, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42
U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, 2135); sec. 114(f), Pub.
L. 97-425, 96 Stat. 2213, as amended (42 U.S.C. 10143(f)); sec. 102,
Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332); sec. 301,
88 Stat. 1248 (42 U.S.C. 5871). Sections 2.102, 2.103, 2.104, 2.105,
2.721 also issued under secs. 102, 103, 104, 105, 183i, 189, 68
Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133,
2134, 2135, 2233, 2239). Section 2.105 also issued under Pub. L. 97-
415, 96 Stat. 2073 (42 U.S.C. 2239). Sections 2.200-2.206 also
issued under secs. 161 b, i, o, 182, 186, 234, 68 Stat. 948-951,
955, 83 Stat. 444, as amended (42 U.S.C. 2201 (b), (i), (o), 2236,
2282); sec. 206, 88 Stat 1246 (42 U.S.C. 5846). Section 2.205(j)
also issued under Pub. L. 101-410, 104 Stat. 90, as amended by
section 3100(s), Pub. L. 104-134, 110 Stat. 1321-373 (28 U.S.C. 2461
note). Sections 2.600-2.606 also issued under sec. 102, Pub. L. 91-
190, 83 Stat. 853, as amended (42 U.S.C. 4332). Sections 2.700a,
2.719 also issued under 5 U.S.C. 554. Sections 2.754, 2.760, 2.770,
2.780 also issued under 5 U.S.C. 557. Section 2.764 also issued
under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C.
10155, 10161). Section 2.790 also issued under sec. 103, 68 Stat.
936, as amended (42 U.S.C. 2133), and 5 U.S.C. 552. Sections 2.800
and 2.808 also issued under 5 U.S.C. 553. Section 2.809 also issued
under 5 U.S.C. 553, and sec. 29, Pub. L. 85-256, 71 Stat. 579, as
amended (42 U.S.C. 2039). Subpart K 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). Subpart L also issued under sec. 189, 68 Stat.
955 (42 U.S.C. 2239). Subpart M also issued under sec. 184 (42
U.S.C. 2234) and sec. 189, 68 stat. 955 (42 U.S.C. 2239). Appendix A
also issued under sec. 6, Pub. L. 91-560, 84 Stat. 1473 (42 U.S.C.
2135).
2. In Sec. 2.1201, paragraph (a)(4) is added to read as follows:
Sec. 2.1201 Scope of subpart.
(a) * * *
(4) The amendment of a part 50 license to release part of a power
reactor facility or site for unrestricted use in accordance with
Sec. 50.83. Subpart L hearings for the partial site release plan, if
conducted, must be complete before the property is released for use.
* * * * *
PART 20--STANDARDS FOR PROTECTION AGAINST RADIATION
3. 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).
4. In Sec. 20.1401, paragraphs (a) and (c) are revised to read as
follows:
Sec. 20.1401 General provisions and scope.
(a) The criteria in this subpart apply to the decommissioning of
facilities licensed under parts 30, 40, 50, 60, 61, 70, and 72 of this
chapter, and release of part of a facility or site for unrestricted use
in accordance with Sec. 50.83 of this chapter, as well as other
facilities subject to the Commission's jurisdiction under the Atomic
Energy Act of 1954, as amended, and the Energy Reorganization Act of
1974, as amended. For high-level and low-level waste disposal
facilities (10 CFR parts 60 and 61), the criteria apply only to
ancillary surface facilities that support radioactive waste disposal
activities. The criteria do not apply to uranium and thorium recovery
facilities already subject to appendix A to 10 CFR part 40 or to
uranium solution extraction facilities.
* * * * *
(c) After a site has been decommissioned and the license terminated
in accordance with the criteria in this subpart, or after part of a
facility or site has been released for unrestricted use in accordance
with Sec. 50.83 of this chapter and in accordance with the criteria in
this subpart, the Commission will require additional cleanup only if
based on new information, it determines that the criteria of this
subpart were not met and residual radioactivity remaining at the site
could result in significant threat to public health and safety.
* * * * *
PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION
FACILITIES
5. The authority citation for Part 50 continues to read as follows:
Authority: Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189,
68 Stat. 936, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 83
Stat. 444, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 2232,
2233, 2239, 2282); secs. 201, as amended, 202, 206, 88 Stat. 1242,
as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).
Section 50.7 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 50.10 also issued under secs. 101, 185, 68
Stat. 936, 955, as amended (42 U.S.C. 2131, 2235); sec. 102, Pub. L.
91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.54(dd),
and 50.103 also issued under sec. 108, 68 Stat. 939, as amended (42
U.S.C. 2138). Sections 50.23, 50.35, 50.55, and 50.56 also issued
under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a,
50.55a and Appendix Q also issued under sec. 102, Pub. L. 91-190, 83
Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued
under Pub. L. 97-415, 96 Stat. 2073 (42 U.S.C. 2239). Section 50.78
also issued under sec.
[[Page 46238]]
122, 68 Stat. 939 (42 U.S.C. 2152). Sections 50.80--50.81 also
issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234).
Appendix F also issued under sec. 187, 68 Stat. 955 (42 U.S.C.
2237).
6. Section 50.2 is amended by adding ``Historical site
assessment,'' ``Impacted areas,'' and ``Non-impacted areas'' in
alphabetical order to read as follows:
Sec. 50.2 Definitions.
* * * * *
Historical site assessment means the identification of potential,
likely, or known sources of radioactive material and radioactive
contamination based on existing or derived information for the purpose
of classifying a facility or site, or parts thereof, as impacted or
non-impacted.
Impacted areas mean the areas with some reasonable potential for
residual radioactivity in excess of natural background or fallout
levels.
* * * * *
Non-impacted areas mean the areas with no reasonable potential for
residual radioactivity in excess of natural background or fallout
levels.
* * * * *
7. In Sec. 50.8, paragraph (b) is revised to read as follows:
Sec. 50.8 Information collection requirements: OMB approval.
* * * * *
(b) The approved information collection requirements contained in
this part appear in Secs. 50.30, 50.33, 50.33a, 50.34, 50.34a, 50.35,
50.36, 50.36a, 50.36b, 50.44, 50.46, 50.47, 50.48, 50.49, 50.54, 50.55,
50.55a, 50.59, 50.60, 50.61, 50.62, 50.63, 50.64, 50.65, 50.66, 50.68,
50.71, 50.72, 50.74, 50.75, 50.80, 50.82, 50.83, 50.90, 50.91, 50.120,
and Appendices A, B, E, G, H, I, J, K, M, N, O, Q, R, and S to this
part.
* * * * *
8. In Sec. 50.75, paragraph (g)(4) is added to read as follows:
Sec. 50.75 Reporting and recordkeeping for decommissioning planning.
* * * * *
(g) * * *
(4) Licensees shall maintain property records containing the
following information:
(i) Records of the site boundary, as originally licensed, which
must include a site map;
(ii) Records of any acquisition or use of property outside the
originally licensed site boundary for the purpose of receiving,
possessing, or using licensed materials;
(iii) The licensed activities carried out on the acquired or used
property; and
(iv) Records of the disposition of any property recorded in
paragraphs (g)(4)(i) or (g)(4)(ii) of this section, the historical site
assessment performed for the disposition, radiation surveys performed
to support release of the property, submittals to the NRC made in
accordance with Sec. 50.83, and the methods employed to ensure that the
property met the radiological criteria of 10 CFR part 20, subpart E, at
the time the property was released.
9. In Sec. 50.82, paragraph (a)(9)(ii)(H) is added and paragraph
(a)(11)(ii) is revised to read as follows:
Sec. 50.82 Termination of license.
* * * * *
(a) * * *
(9) * * *
(ii) * * *
(H) Identification of parts, if any, of the facility or site that
were released for use before approval of the license termination plan.
* * * * *
(11) * * *
(ii) The final radiation survey and associated documentation
demonstrate that the facility and site, including any parts released
for use before approval of the license termination plan, are suitable
for release in accordance with the criteria for decommissioning in 10
CFR part 20, subpart E.
* * * * *
10. A new Sec. 50.83 is added to read as follows:
Sec. 50.83 Release of part of a power reactor facility or site for
unrestricted use.
(a) Prior written NRC approval is required to release part of a
facility or site for unrestricted use at any time before receiving
approval of a license termination plan. Section 50.75 specifies
recordkeeping requirements associated with partial release. Nuclear
power reactor licensees seeking NRC approval shall--
(1) Evaluate the effect of releasing the property to ensure that--
(i) The dose to individual members of the public from the portion
of the facility or site remaining under the license does not exceed the
limits of 10 CFR part 20, subpart D;
(ii) There is no reduction in the effectiveness of emergency
planning or physical security;
(iii) Effluent releases remain within license conditions;
(iv) The environmental monitoring program and offsite dose
calculation manual are revised to account for the changes;
(v) The siting criteria of 10 CFR part 100 continue to be met; and
(vi) All other applicable statutory and regulatory requirements
continue to be met.
(2) Perform a historical site assessment of the part of the
facility or site to be released; and
(3) Perform surveys adequate to demonstrate compliance with the
radiological criteria for unrestricted use specified in 10 CFR 20.1402
for impacted areas.
(b) For release of non-impacted areas, the licensee may submit a
written request for NRC approval of the release if a license amendment
is not otherwise required. The request submittal must include--
(1) The results of the evaluations performed in accordance with
Sec. 50.59 and paragraphs (a)(1) and (a)(2) of this section;
(2) A description of the part of the facility or site to be
released;
(3) The schedule for release of the property; and
(4) A discussion that provides the reasons for concluding that the
environmental impacts associated with the licensee's proposed release
of the property will be bounded by appropriate previously issued
environmental impact statements.
(c) After receiving an approval request from the licensee for the
release of a non-impacted area, the NRC shall--
(1) Determine whether the licensee has adequately evaluated the
effect of releasing the property as required by paragraph (a)(1) of
this section;
(2) Determine whether the licensee's historical site assessment is
adequate; and
(3) Upon determining that the licensee's submittal is adequate,
inform the licensee in writing that the release is approved.
(d) For release of impacted areas, the licensee shall submit an
application for amendment of its license for the release of the
property. The application must include--
(1) The information specified in paragraphs (b)(1) through (3) of
this section;
(2) The methods used for and results obtained from the radiation
surveys required to demonstrate compliance with the radiological
criteria for unrestricted use specified in 10 CFR 20.1402; and
(3) A supplement to the environmental report, pursuant to
Sec. 51.53, describing any new information or significant environmental
change associated with the licensee's proposed release of the property.
(e) After receiving a license amendment application from the
licensee for the release of an impacted area, the NRC shall--
(1) Determine whether the licensee has adequately evaluated the
effect of
[[Page 46239]]
releasing the property as required by paragraph (a)(1) of this section;
(2) Determine whether the licensee's historical site assessment is
adequate;
(3) Determine whether the licensee's radiation survey for an
impacted area is adequate; and
(4) Upon determining that the licensee's submittal is adequate,
approve the licensee's amendment application.
(f) The NRC shall notice receipt of the release approval request or
license amendment application and make the approval request or license
amendment application available for public comment. Before acting on an
approval request or license amendment application submitted in
accordance with this section, the NRC shall conduct a public meeting in
the vicinity of the licensee's facility for the purpose of obtaining
public comments on the proposed release of a part of the facility or
site. The NRC shall publish a document in the Federal Register and in a
forum, such as local newspapers, which is readily accessible to
individuals in the vicinity of the site, announcing the date, time, and
location of the meeting, along with a brief description of the purpose
of the meeting.
Dated at Rockville, Maryland, this 28th day of August, 2001.
For the Nuclear Regulatory Commission.
Andrew L. Bates,
Acting Secretary of the Commission.
[FR Doc. 01-22139 Filed 8-31-01; 8:45 am]
BILLING CODE 7590-01-P