[Federal Register Volume 61, Number 17 (Thursday, January 25, 1996)]
[Notices]
[Pages 2237-2238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1200]
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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 1996.
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SUMMARY: This Notice announces the Department of Energy acceptance of
claims for reimbursement and the availability of approximately $42
million in funds for fiscal year 1996 for reimbursements 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.
The Department of Energy anticipates that claims submitted by licensees
in fiscal year 1996 together with outstanding approved claims from
prior fiscal years will exceed $42 million and would therefore be
subject to prorated payment.
DATES: The closing date for the submission of claims for reimbursement
in fiscal year 1996 is May 1, 1996.
ADDRESSES: Claims may be mailed to the Environmental Restoration
Division, U.S. Department of Energy, 2155 Louisiana NE., Suite 4000,
Albuquerque, NM 87110. All claims should be addressed to the attention
of James B. Coffey and sent by registered
[[Page 2238]]
or certified mail, return receipt requested. Two copies of the claim
should be included with each submission.
FOR FURTHER INFORMATION CONTACT: James Coffey or Gil Maldonado,
Environmental Restoration Division, U.S. Department of Energy, (505)
845-4628.
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 (sections 1001-1004 of 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 of costs of remedial action must be supported by
reasonable documentation as determined by the Department of Energy in
accordance with 10 CFR part 765. Section 1001(b)(2) of the Energy
Policy Act of 1992 limits the amount of reimbursement paid to the
licensees of an active uranium site to an amount not to exceed $5.50,
as adjusted annually for inflation, multiplied by the dry short tons of
byproduct material located at the site on October 24, 1992, and
generated as an incident of sales to the United States. Total
reimbursement, in the aggregate, for work performed at the active
uranium processing sites shall not exceed $270 million, as adjusted
annually for inflation. Total reimbursement for work performed at the
active thorium processing site shall not exceed $40 million, as
adjusted annually for inflation, and is limited to costs incurred for
offsite disposal. 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).
In the May 23, 1994 (59 FR 26714) Federal Register, the Department
of Energy established a preliminary per dry short ton limit of $4.78 on
reimbursement to licensees of eligible uranium processing sites. This
was necessary because the $270 million statutory ceiling would not
support the maximum allowable reimbursement of $5.50 per dry short ton,
as established by Title X, if remedial action costs at all of the
eligible uranium processing sites reach or approach this per dry short
ton limit (i.e., $270 million divided by the total amount of Federal-
related dry short tons of byproduct material present at all eligible
active uranium processing sites, 56.521 million dry short tons, equals
$4.78).
To adjust the above reimbursement ceilings for inflation, the
Department of Energy is required by 10 CFR part 765.12 to apply the
Consumer Price Index-Urban (CPI-U) annually, beginning in 1994, using
the CPI-U as published by the Bureau of Labor Statistics within the
Department of Commerce for the preceding calendar year.
As announced by the Department of Energy in the April 5, 1995
Federal Register (60 FR 17343), the adjusted values of the statutory
per dry short ton ceiling, preliminary per dry short ton ceiling, and
total remaining reimbursement ceilings for uranium and thorium
licensees for 1995 were $5.82, $4.92, $251,339,303.43, and
$35,123,038.98. Following that announcement, the Department of Energy
issued reimbursements in September and December 1995 to uranium and
thorium licensees totaling $30,213,035.89 and $11,478,964.10,
respectively. Accordingly, the total remaining reimbursement ceilings
for uranium and thorium licensees are currently $221,126,267.54 and
$23,644,074.88. These amounts and the per dry short ton ceilings on
reimbursement will be adjusted for inflation in 1996 after the CPI-U
for 1995 has been published by the Department of Commerce.
The Department of Energy Annual Title X Report for 1994 and 1995
summarizes key activities performed by the Department during that
period including review of claims, individual amounts paid for claims
approved, and other relevant information concerning the reimbursement
program. The report is available to all interested parties by
contacting David E. Mathes, Office of Southwestern Area Programs,
Environmental Restoration, U.S. Department of Energy, EM-45/Cloverleaf
Building, 19901 Germantown Road, Germantown, MD, 20874-1290. Telephone
(301) 903-7222.
Authority: Section 1001-1004 of Pub. L. 102-46, 106 Stat. 2776
(42 U.S.C. 2296a et seq.).
Issued in Washington, DC, on this 18th of January 1996.
David E. Mathes,
UMTRA Team Leader, Office of Southwestern Area Programs, Environmental
Restoration.
[FR Doc. 96-1200 Filed 1-24-96; 8:45 am]
BILLING CODE 6450-01-P
