[Federal Register Volume 64, Number 11 (Tuesday, January 19, 1999)]
[Notices]
[Pages 2887-2888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1108]
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DEPARTMENT OF ENERGY
Reimbursement for Costs of Remedial Action at Active Uranium and
Thorium Processing Sites
AGENCY: Office of Environmental Management, Department of Energy.
ACTION: Notice of the acceptance of claims and the availability of
funds for reimbursement in fiscal year 1999 and changes in
reimbursement ceilings.
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SUMMARY: This Notice announces the Department of Energy acceptance of
claims for reimbursement. Approximately $30 million in funds for fiscal
year 1999 are available for reimbursement of certain costs of remedial
action at eligible active uranium and thorium processing sites pursuant
to Title X of the Energy Policy Act of 1992.
After the payment of fiscal year 1999 funds against outstanding
approved claims through fiscal year 1998, there will be remaining
unpaid outstanding approved claims. Thus any approved claim amounts for
fiscal year 1999 will be added to the outstanding balances and eligible
for prorated payment in fiscal year 2000 based on the availability of
funds from congressional appropriations.
[[Page 2888]]
Changes in Reimbursement Ceilings: Section 11 of the Energy
Conservation Reauthorization Act of 1998 (Secs. 11(a) and (b), Pub. L.
105-388) amends the Energy Policy Act of 1992 to increase the ceiling
for thorium reimbursements by $75,000,000 to $140,000,000.
The overall ceiling for Title X reimbursements is thus increased
from $415,000,000 to $490,000,000. This increase is effective
immediately and will be applied in calculating the remaining available
ceiling for thorium claims.
Title X directs that reimbursements to each uranium licensee will
not exceed $5.50 per dry short ton of byproduct material. When Title X
was enacted, the Department determined that the authorized amount of
$270,000,000 for the total reimbursements to uranium licensees would
not be sufficient if the reimbursable costs for each of the uranium
licensees were to equal or exceed $5.50 per dry short ton of byproduct
material. The Department has been utilizing a preliminary dry short ton
ceiling that is less than the statutory ceiling of $5.50 per dry short
ton to assure that all licensees would receive their fair share of
authorized funds.
The Department has determined that the preliminary dry short ton
ceiling is no longer needed. Beginning with the fiscal year 1999
reimbursement, each uranium licensee's approved reimbursable costs will
be limited to their actual cost per dry short ton or the statutory dry
short ton ceiling, whichever is less. The statutory dry short ton
ceiling, which when adjusted for inflation through calendar year 1997,
is currently $7.07 per dry short ton. This amount will be adjusted in
early 1999 for inflation during calendar year 1998.
DATES: The Department will process payments of approximately $30
million against outstanding approved claims through fiscal year 1998 by
April 30, 1999. The closing date for the submission of claims in fiscal
year 1999 is May 3, 1999.
ADDRESSES: Claims should be forwarded by certified or registered mail,
return receipt requested, to the U.S. Department of Energy, Albuquerque
Operations Office, Environmental Restoration Division, P.O. Box 5400,
Albuquerque, NM 87185-5400, or by express mail to the U.S. Department
of Energy, Albuquerque Operations Office, Environmental Restoration
Division, H and Pennsylvania Streets, Albuquerque, NM 87116. All claims
should be addressed to the attention of Mr. James B. Coffey. Two copies
of the claim should be included with each submission.
FOR FURTHER INFORMATION CONTACT: Messrs. James Coffey (505-845-4026) or
Gil Maldonado (505-845-4035), U.S. Department of Energy, Albuquerque
Operations Office, Environmental Restoration Division.
SUPPLEMENTARY INFORMATION: The Department of Energy published a final
rule under 10 CFR part 765 in the Federal Register on May 23, 1994 (59
FR 26714) to carry out the requirements of Title X of the Energy Policy
Act of 1992 (Secs. 1001-1004, Pub. L. 102-486, 42 U.S.C. 2296a et seq.)
and to establish the procedures for eligible licensees to submit claims
for reimbursement. Title X requires the Department of Energy to
reimburse eligible uranium and thorium licensees for certain costs of
decontamination, decommissioning, reclamation, and other remedial
action incurred by licensees at active uranium and thorium processing
sites to remediate byproduct material generated as an incident of sales
to the United States Government. To be reimbursable, costs of remedial
action must be for work which is necessary to comply with applicable
requirements of the Uranium Mill Tailings Radiation Control Act of 1978
(42 U.S.C. 7901 et seq.) or, where appropriate, with requirements
established by a state pursuant to a discontinuance agreement under
section 274 of the Atomic Energy Act of 1954 (42 U.S.C. 2021). Claims
for reimbursement must be supported by reasonable documentation as
determined by the Department of Energy in accordance with 10 CFR part
765. Funds for reimbursement will be provided from the Uranium
Enrichment Decontamination and Decommissioning Fund established at the
United States Department of Treasury pursuant to section 1801 of the
Atomic Energy Act of 1954 (42 U.S.C. 2297g). Payment or obligation of
funds shall be subject to the requirements of the Anti-Deficiency Act
(31 U.S.C. 1341).
Authority: Secs. 1001-1004, Pub. L. 102-46, 106 Stat. 2776 (42
U.S.C. 2296a et seq.), as amended by secs. 11 (a) and (b), Pub. L.
105-388.
Issued in Washington DC, on the 11th of January, 1999.
David E. Mathes,
Leader, UMTRA/Surface Ground Water Team, Office of Southwestern Area
Programs, Environmental Restoration.
[FR Doc. 99-1108 Filed 1-15-99; 8:45 am]
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