[Federal Register Volume 60, Number 65 (Wednesday, April 5, 1995)]
[Notices]
[Pages 17343-17344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8360]
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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 reimbursements in fiscal year 1995.
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SUMMARY: This Notice announces the Department of Energy's acceptance of
claims for reimbursement and the availability of approximately $41.7
million in funds for fiscal year 1995 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 1995 together with outstanding approved claims from
fiscal year 1994 will exceed $41.7 million and would therefore be
subject to prorated payment. In addition, the Department of Energy is
announcing an adjustment for inflation to the statutory per dry short
ton limit on reimbursement to uranium licensees and the aggregate limit
on reimbursement to uranium and thorium licensees. Lastly, the
Department of Energy is announcing changes in the quantity of Federal-
related or total dry short tons of byproduct material and Federal
reimbursement ratio for the Western Nuclear Incorporated, Split Rock
mill site, in Jeffrey City, Wyoming, and the American Nuclear
Corporation, Gas Hills mill site, in Gas Hills, Wyoming, and the
preliminary per dry short ton limit on reimbursement to uranium
licensees.
DATES: The closing date for the submission of claims for reimbursement
in fiscal year 1995 is June 16, 1995.
ADDRESSES: Claims may be mailed to the Environmental Restoration
Division, U.S. Department of Energy, 2155 Louisiana NE., Suite 10000,
Albuquerque, NM 87110. All claims should be addressed to the attention
of James B. Coffey and sent by registered or certified mail, return
receipt requested.
FOR FURTHER INFORMATION CONTACT: James Coffey, 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 implement 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 any one
licensee 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).
To make the inflation adjustments indicated above, the Department
of Energy is required by 10 CFR 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. The CPI-U for 1993 was 1.030.
Therefore, the adjusted values of the $5.50 per dry short ton, $270
million, and $40 million statutory ceilings in 1994 were $5.67 per dry
short ton, $278.1 million, and $41.2 million, respectively (i.e.,
$5.50, $270 million, and $40 million multiplied by 1.030 equals $5.67,
$278.1 million, and [[Page 17344]] $41.2 million, respectively). In
1994, the Department of Energy issued the first reimbursements to
uranium and thorium licensees totaling $33,368,448.46 and
$7,000,351.53, respectively. Subsequently, the total remaining
reimbursement ceiling for uranium and thorium licensees in 1994 was
$244,731,551.54 and $34,199,648.47. The CPI-U for 1994 was 1.027.
Therefore, the adjusted values of the per dry short ton ceiling and the
total remaining reimbursement ceiling for uranium and thorium licensees
for 1995 are $5.82, $251,339,303.43, and $35,123,038.98. These amounts
were determined by multiplying the ceiling values for 1994 by 1.027.
The Department of Energy published its determination on the
Federal-related and total dry short tons of byproduct material and
Federal reimbursement ratio for each eligible active uranium processing
site in the May 23, 1994, Federal Register (59 FR 26714). Since then,
additional records were made available to the Department of Energy on
the quantities of dry short tons of byproduct material at the Western
Nuclear Incorporated, Split Rock mill site in Jeffrey City, Wyoming,
and the American Nuclear Corporation, Gas Hills mill site, in Gas
Hills, Wyoming. After reviewing these records, the Department of Energy
is revising the quantity of Federal-related or total dry short tons of
byproduct material and Federal reimbursement ratio for these two
uranium processing sites. The Department of Energy has determined that
the quantity of Federal-related and total dry short tons of byproduct
material at the Western Nuclear Incorporated site as of October 24,
1992, is 3.626 million dry short tons and 8.2 million dry short tons,
respectively; and the quantity of Federal-related dry short tons of
byproduct material at the American Nuclear Corporation site as of
October 24, 1992, is 2.202 million dry short tons. The total quantity
of dry short tons of byproduct material for the American Nuclear
Corporation site, however, remains at 6.0 million dry short tons.
Because of these quantity increases, the Federal reimbursement ratio
for the Western Nuclear Incorporated and American Nuclear Corporation
sites is also being revised to 0.442 and 0.367, respectively (i.e.,
3.626 million dry short tons divided by 8.2 million dry short tons
equals 0.442 and 2.202 million dry short tons divided by 6.0 million
dry short tons equals 0.367). The Department of Energy's reports on
these revisions are available upon written request to the Environmental
Restoration Division, U.S. Department of Energy, 2155 Louisiana NE.,
Suite 10000, Albuquerque, NM 87110. Because of these quantity
increases, the total amount of Federal-related dry short tons of
byproduct material at all eligible active uranium processing sites is
56.521 million dry short tons.
In the May 23, 1994, Federal Register (59 FR 26714), the Department
of Energy announced that it was establishing a preliminary per dry
short ton limit of $4.80 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. Because of the above quantity
revisions to the Western Nuclear Incorporated and American Nuclear
Corporation sites, the preliminary per dry short ton limit on
reimbursement is $4.78 (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). The Department of Energy is adjusting the $4.78
preliminary per dry short ton limit to account for inflation using the
CPI-U values discussed above. The adjusted per dry short ton limit in
1994 was $4.92 (i.e., $4.78 multiplied by 1.030 equals $4.92). The
adjusted per dry short ton limit in 1995 is $5.05 (i.e., $4.92
multiplied by 1.027 equals $5.05). The Department of Energy will
further adjust the preliminary per dry short ton limit on reimbursement
annually for inflation or if other circumstances, as determined by the
Department of Energy, require an adjustment.
Authority: Section 1001-1004 of Pub. L. 102-486, 106 Stat. 2776
(42 U.S.C. 2296a et seq.)
Issued in Washington D.C. on this 29th of March, 1995.
David E. Mathes,
Director, Offsite Program Division, Office of Southwestern Area
Programs, Environmental Restoration.
[FR Doc. 95-8360 Filed 4-4-95; 8:45 am]
BILLING CODE 6450-01-P
