[Federal Register Volume 59, Number 119 (Wednesday, June 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15022]
[[Page Unknown]]
[Federal Register: June 22, 1994]
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NUCLEAR REGULATORY COMMISSION
10 CFR Parts 30, 40, 70, and 72
RIN 3150-AE95
Clarification of Decommissioning Funding Requirements
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The Nuclear Regulatory Commission is proposing to amend its
regulations for nonreactor licensees on decommissioning financial
assurance, and expiration and termination of licenses. These amendments
are intended to clarify that financial assurance must be in place
during operations and updated when the licensee decides to cease
operations and begin decommissioning. These amendments would explicitly
describe the financial assurance certification requirements for
licensees during operation, the implementation and timing requirements
for licensees whose licenses have been in timely renewal since the
promulgation of the 1988 decommissioning funding rules, and for
licensees who cease operations without adequate funding arrangements in
place.
DATES: The comment period expires September 20, 1994. Comments received
after this date will be considered if it is practical to do so, but the
Commission is able to assure consideration only for comments received
on or before this date.
ADDRESSES: Submit comments to: The Secretary of the Commission, U.S.
Nuclear Regulatory Commission, Washington, DC 20555, Attention:
Docketing and Service Branch. Copies of comments received may be
examined at the NRC Public Document Room, 2120 L Street NW. (Lower
Level), Washington, DC.
FOR FURTHER INFORMATION CONTACT: Dr. Carl Feldman, U.S. Nuclear
Regulatory Commission, Washington, DC 20555, telephone (301) 415-6194.
SUPPLEMENTARY INFORMATION:
Background
In 1983, the Commission amended 10 CFR Parts 30, 40, and 70 to add
requirements addressing ``Expiration and Termination of Licenses'' (10
CFR 30.36, 40.42, and 70.38 (48 FR 32324; July 15,1983)). Similar
provisions were added to 10 CFR Part 72 in 1988 (10 CFR 72.54 (53 FR
24018)). These requirements set out the procedures to be followed by a
licensee who decides to decommission a facility and seek termination of
the applicable license. Under certain circumstances (which apply when a
Part 30, 40, 70, or 72 licensee has more than a modest amount of
radioactive contamination to remediate), the licensee is required to
submit a decommissioning plan that lays out the methods and measures
for decontamination of the property and equipment.
In 1988, the Commission promulgated rules addressing ``Financial
Assurance and Recordkeeping for Decommissioning'' (10 CFR 30.35, 40.36,
70.25 and 72.30 (53 FR 24018; June 27,1988)). These rules established a
graded structure for financial assurance that relates the amount of the
financial assurance required of a licensee to the possession limits in
his or her license. The graded structure is based on the reasonable
assumption that the kinds and quantities of radioactive materials
authorized in the license provide a reasonably good correlation to the
amount of contamination that has to be remediated. Further, Part 30,
40, or 70 applicants or licensees whose possession limits exceed or
would exceed a certain level, and all Part 72 licensees and license
applicants must provide an estimate of the actual expected
decommissioning cost as part of their application for a license or for
license renewal. The estimated costs are reviewed and approved by the
Commission. Before the license is issued or renewed, the applicant must
provide financial assurance in one or more of the forms required by the
rule (prepayment, surety, insurance or other guarantee, or external
sinking fund with a backup surety).
The same June 27, 1988, final rule also added a requirement that
decommissioning plans include an updated detailed cost estimate for
decommissioning, a comparison of that estimate with present funds set
aside for decommissioning, and a plan for assuring the availability of
adequate funds for the completion of decommissioning. The intent in
promulgating these rules was to ensure that adequate funds would be
available to cover the costs of decommissioning NRC licensed
facilities. At the time the decommissioning funding rules were
promulgated, it was not anticipated that a licensee would move to
decommissioning without having complied earlier with the financial
assurance requirements. Since that time a number of licensees who were
in timely renewal (i.e., licensees who had timely filed an application
for renewal of their licenses and whose licenses, therefore, continued
in effect while the renewal applications were being acted upon) when
the June 27, 1988, rule became effective have decided to terminate
their activities and begin decommissioning. Other licensees that only
provided certification for the minimum amounts of financial assurance
have also decided to terminate activities and begin decommissioning. In
both situations, insufficient funding was in place when the licensee
ceased operations and began decommissioning. These amendments are
intended to clarify that financial assurances must be in place and
updated when the licensee decides to cease operations and begin
decommissioning.
The amendments proposed here would amend those sections in 10 CFR
Parts 30, 40, 70, and 72 dealing with assurance of adequate funding for
decommissioning. These changes would more explicitly describe the
implementation and timing requirements for licensee financial assurance
instruments and clarify that:
(1) Licensees who have applied for license renewal must provide
financial assurance for decommissioning during the period that they
remain in timely renewal. This is addressed through the addition of
Paragraph (c)(4) to Secs. 30.35, 40.36, and 70.25. Licensees currently
in timely renewal would need to have the required financial assurance
instrument when this rule if adopted as a final rule, becomes
effective, 90 days after publication of the final rule in the Federal
Register. Specific comments are solicited on the adequacy of the 90 day
time period for licensees currently in timely renewal to obtain the
required financial assurance instrument;
(2) Each decommissioning funding plan must include a certification
by the licensee that financial assurance for decommissioning has been
provided in the amount of the cost estimate. This is addressed through
a modification to Paragraph (e) of Secs. 30.35, 40.36, and 70.25;
(3) The decommissioning financial assurances provided by the
licensee in conjunction with a license renewal or issuance must remain
in effect during the period of decommissioning and must be increased or
may be decreased, as appropriate, within 90 days of the licensee notice
of termination of activities and request to terminate the license. This
is necessary to cover the detailed estimated decommissioning costs
developed as part of the decommissioning plan. This is addressed
through the addition of Paragraph (b)(2) to Secs. 30.36, 40.42, and
70.38, and Paragraph (a)(2) to Sec. 72.54;
(4) Any licensee who submits a notice of termination of activities
and request to terminate the license, and has not provided appropriate
financial assurance for decommissioning, shall do so within 90 days of
the notice. This is addressed through the addition of a new Paragraph
(b)(2)(i) to Secs. 30.36, 40.42, and 70.38, and Paragraph (a)(2)(i) to
Sec. 72.54. Any licensee who has already submitted a notice of
termination of activities and request to terminate the license would
need to have the required financial assurance instrument when this
rule, if adopted as a final rule, becomes effective, 90 days after
publication of the final rule in the Federal Register; and
(5) Licensees may reduce the amount of financial assurance
semiannually as decommissioning proceeds and radiological contamination
is reduced at the site, with the approval of the Commission. This is
addressed through the addition of a new Paragraph (b)(2)(ii) to
Secs. 30.36, 40.42, and 70.38, and Paragraph (a)(2)(ii) to Sec. 72.54.
The semiannual interval is proposed as a balance between the financial
incentive that this provision gives to licensees to proceed promptly
with the decommissioning work after approval of the decommissioning
plan and the burden imposed on both the licensee and staff in
implementing a reduction. Specific comments are solicited on the
interval proposed.
Environmental Impact: Categorical Exclusion
The NRC has determined that this proposed rule is the type of
action described in categorical exclusion 10 CFR 51.22(c)(2).
Therefore, neither an environmental impact statement nor an
environmental assessment has been prepared for this proposed rule.
Paperwork Reduction Act Statement
This proposed rule amends information collection requirements that
are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501, et
seq.). This rule has been submitted to the Office of Management and
Budget for review and approval of the information collection
requirements.
The public reporting burden for this collection of information is
estimated to average 6 hours per response, including time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing the burden, to the Information and Records
Management Branch (T-6-F33), U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, and to the Desk Officer, Office of
Information and Regulatory Affairs, NEOB-3019, (3150-0017, 3150-0020,
3150 0009, and 3150-0132), Office of Management and Budget, Washington,
DC 20503.
Regulatory Analysis
The Commission has prepared this proposed regulation to clarify its
decommissioning funding requirements for persons licensed under Parts
30, 40, 70, and 72. Although it does alter existing requirements,
regulatory analyses developed in support of prior decommissioning
regulations remain valid and appropriate for this rulemaking because
these analyses assumed that all licensees would submit a certification
of financial assurance to the NRC of a rule prescribed amount, or
licensee estimated and NRC approved amount, necessary to provide
adequate funds to decommission the licensed facility and that licensees
would have complied with the decommissioning funding requirements prior
to ceasing operations and commencing decommissioning. These prior
analyses, developed for the rules on expiration and termination
licenses and financial assurances for decommissioning, remain available
for inspection in the NRC Public Document Room, 2120 L Street, NW.
(Lower Level), Washington, DC. This discussion constitutes the
regulatory analysis for this proposed rule.
Regulatory Flexibility Certification
As required by the Regulatory Flexibility Act of 1980, 5 U.S.C.
605(b), the NRC carefully considered the effect on small entities in
developing the final rule on decommissioning funding and scaled the
requirements to reduce the impact on small entities to the extent
possible while adequately protecting health and safety. Therefore, it
is not expected to have an impact on licensees not already analyzed in
the regulatory flexibility analysis for the decommissioning funding
rule as published in the Federal Register on June 27, 1988 (53 FR
24018).
Accordingly, the Commission certifies that this proposed rule, if
adopted, will not have any additional significant economic impact upon
a substantial number of small entities.
Backfit Analysis
The NRC has determined that the backfit rule, 10 CFR 50.109, does
not apply to this rule, and therefore, a backfit analysis is not
required for this rule because these amendments do not involve any
provisions which would impose backfits as defined in 10 CFR
50.109(a)(1).
List of Subjects
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 70
Criminal penalties, Hazardous materials--transportation, Material
control and accounting, Nuclear materials, Packaging and containers.
Radiation protection, Reporting and recordkeeping requirements,
Scientific equipment, Security measures, Special nuclear material.
10 CFR Part 72
Criminal penalties, 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. 553, the NRC is proposing to
adopt the following amendments to 10 CFR Parts 30, 40, 70, and 72.
PART 30--RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF
BYPRODUCT MATERIAL
1. 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 (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).
2. Section 30.35 is amended by revising paragraphs (b)(2), (c)(2),
(c)(3), and (e) and by adding a new paragraph (c)(4) to read as
follows:
Sec. 30.35 Financial assurance and recordkeeping for decommissioning.
* * * * *
(b) * * *
(2) Submit a certification that financial assurance for
decommissioning has been provided in the amount prescribed by paragraph
(d) of this section using one of the methods described in paragraph (f)
of this section. For an applicant, this certification may state that
the appropriate assurance will be obtained after the application has
been approved and the license issued but before the receipt of licensed
material. If the applicant defers execution of the financial instrument
until after the license has been issued, the executed original copy of
the financial instrument obtained to satisfy the requirements of
paragraph (f) of this section must be submitted to NRC before receipt
of licensed material. If the applicant does not defer execution of the
financial instrument, the applicant shall submit to NRC, as part of the
certification, an executed original copy of the financial instrument
obtained to satisfy the requirements of paragraph (f) of this section.
(c) * * *
(2) Each holder of a specific license issued before July 27, 1990,
and of a type described in paragraph (a) of this section shall submit,
on or before July 27, 1990, a decommissioning funding plan as described
in paragraph (e) of this section or a certification of financial
assurance for decommissioning in an amount at least equal to $750,000
in accordance with the criteria set forth in this section. If the
licensee submits the certification of financial assurance rather than a
decommissioning funding plan, the licensee shall include a
decommissioning funding plan in any application for license renewal.
(3) Each holder of a specific license issued before July 27, 1990,
and of a type described in paragraph (b) of this section shall submit,
on or before July 27, 1990, a decommissioning funding plan as
described, in paragraph (e) of this section, or a certification of
financial assurance for decommissioning in accordance with the criteria
set forth in this section.
(4) Any licensee who has submitted an application before July 27,
1990, for renewal of license in accordance with Sec. 30.37 shall
provide financial assurance for decommissioning in accordance with
paragraphs (a) and (b) of this section.
* * * * *
(e) Each decommissioning funding plan must contain a cost estimate
for decommissioning and a description of the method of assuring funds
for decommissioning from paragraph (f) of this section, including means
for adjusting cost estimates and associated funding levels periodically
over the life of the facility. The decommissioning funding plan must
also contain a certification by the licensee that financial assurance
for decommissioning has been provided in the amount of the cost
estimate for decommissioning and an executed original copy of the
financial instrument obtained to satisfy the requirements of paragraph
(f) of this section.
* * * * *
3. Section 30.36 is amended by redesignating paragraph (b) as
(b)(1) and adding a new paragraph (b)(2) to read as follows:
Sec. 30.36 Expiration and termination of licenses.
* * * * *
(b) * * *
(2) Upon licensee notice of termination of activities and request
to terminate the license as required by paragraph (b)(1) of this
section, the licensee must maintain in effect all decommissioning
financial assurances established by the licensee pursuant to Sec. 30.35
in conjunction with a license issuance or renewal or as required by
this section. The amount of the financial assurance must be increased,
or may be decreased, as appropriate, within 90 days of the notice, to
cover the detailed cost estimate for decommissioning established
pursuant to paragraph (c)(2)(iii)(D) of this section.
(i) A licensee who has not provided financial assurance for
decommissioning at the time of submittal of the notice of termination
of activities and request to terminate the license as required by
paragraph (b)(1) of this section shall provide (by 90 days after
publication of the final rule) financial assurance for decommissioning
in an amount and form that complies with the requirements of Sec. 30.35
according to the possession limits in the license.
(ii) Following approval of the decommissioning plan, a licensee may
reduce the amount of the financial assurance semiannually, as
decommissioning proceeds and radiological contamination is reduced at
the site, with the approval of the Commission.
* * * * *
PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL
4. 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. 11e2, 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 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 (42 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).
5. Section 40.36 is amended by revising paragraphs (b)(2), (c)(2),
(c)(3), and (d) and by adding a new paragraph (c)(4) to read as
follows:
Sec. 40.36 Financial assurance and recordkeeping for decommissioning.
* * * * *
(b) * * *
(2) Submit a certification that financial assurance for
decommissioning has been provided in the amount of $150,000 using one
of the methods described in paragraph (e) of this section. For an
applicant, this certification may state that the appropriate assurance
will be obtained after the application has been approved and the
license issued but before the receipt of licensed material. If the
applicant defers execution of the financial instrument until after the
license has been issued, the executed original copy of the financial
instrument obtained to satisfy the requirements of paragraph (e) of
this section shall be submitted to NRC prior to receipt of licensed
material. If the applicant does not defer execution of the financial
instrument, the applicant shall submit to NRC, as part of the
certification, an executed original copy of the financial instrument
obtained to satisfy the requirements of paragraph (e) of this section.
(c) * * *
(2) Each holder of a specific license issued before July 27, 1990,
and of a type described in paragraph (a) of this section shall submit,
on or before July 27, 1990, a decommissioning funding plan as described
in paragraph (d) of this section or a certification of financial
assurance for decommissioning in an amount at least equal to $750,000
in accordance with the criteria set forth in this section. If the
licensee submits the certification of financial assurance rather than a
decommissioning funding plan, the licensee shall include a
decommissioning funding plan in any application for license renewal.
(3) Each holder of a specific license issued before July 27, 1990,
and of a type described in paragraph (b) of this section shall submit,
on or before July 27, 1990, a decommissioning funding plan, as
described in paragraph (d) of this section, or a certification of
financial assurance for decommissioning in accordance with the criteria
set forth in this section.
(4) Any licensee who has submitted an application before July 27,
1990, for renewal of license in accordance with Sec. 40.43 shall
provide financial assurance for decommissioning in accordance with
paragraphs (a) and (b) of this section.
(d) Each decommissioning funding plan must contain a cost estimate
for decommissioning and a description of the method of assuring funds
for decommissioning from paragraph (e) of this section, including means
for adjusting cost estimates and associated funding levels periodically
over the life of the facility. The decommissioning funding plan shall
also contain a certification by the licensee that financial assurance
for decommissioning has been provided in the amount of the cost
estimate for decommissioning and an executed original copy of the
financial instrument obtained to satisfy the requirements of paragraph
(e) of this section.
* * * * *
6. Section 40.42 is amended by redesignating paragraph (b) as
(b)(1) and adding a new paragraph (b)(2) to read as follows:
Sec. 40.42 Expiration and termination of licenses.
* * * * *
(b) * * *
(2) Upon licensee notice of termination of activities and request
to terminate the license as required by paragraph (b)(1) of this
section, the licensee must maintain in effect all decommissioning
financial assurances established by the licensee pursuant to Sec. 40.36
in conjunction with a license issuance or renewal or as required by
this section. The amount of the financial assurance must be increased,
or may be decreased, as appropriate, within 90 days of the notice, to
cover the detailed cost estimate for decommissioning established
pursuant to paragraph (c)(2)(iii)(D) of this section.
(i) A licensee who has not provided financial assurance for
decommissioning at the time of submittal of the notice of termination
of activities and request to terminate the license as required by
paragraph (b)(1) of this section shall provide (by 90 days after
publication of the final rule) financial assurance for decommissioning
in an amount and form that complies with the requirements of Sec. 40.36
according to the possession limits in the license.
(ii) Following approval of the decommissioning plan, a licensee may
reduce the amount of the financial assurance semiannually, as
decommissioning proceeds and radiological contamination is reduced at
the site, with the approval of the Commission.
* * * * *
PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL
7. 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 (42 U.S.C.
2071, 2073, 2201, 2232, 2233, 2282); Secs. 201, as amended, 202,
204, 206, 88 Stat. 1242, as amended, 1244, 1245, 1246 (42 U.S.C.
5841), 5942, 5845, 5846).
Sections 70.1(c) and 70.20(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, 86 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. 106, 68 Stat. 939, as amended (42 U.S.C. 2138).
8. Section 70.25 is amended by revising paragraphs (b)(2), (c)(2),
(c)(3), and (e) and by adding a new paragraph (c)(4) to read as
follows:
Sec. 70.25 Financial assurance and recordkeeping for decommissioning.
* * * * *
(b) * * *
(2) Submit a certification that financial assurance for
decommissioning has been provided in the amount prescribed by paragraph
(d) of this section using one of the methods described in paragraph (f)
of this section. For an applicant, this certification may state that
the appropriate assurance will be obtained after the application has
been approved and the license issued but before the receipt of licensed
material. If the applicant defers execution of the financial instrument
until after the license has been issued, the executed original copy of
the financial instrument obtained to satisfy the requirements of
paragraph (f) of this section shall be submitted to NRC before receipt
of licensed material. If the applicant does not defer execution of the
financial instrument, the applicant shall submit to NRC, as part of the
certification, an executed original copy of the financial instrument
obtained to satisfy the requirements of paragraph (f) of this section.
(c) * * *
(2) Each holder of a specific license issued before July 27, 1990,
and of a type described in paragraph (a) of this section shall submit,
on or before July 27, 1990, a decommissioning funding plan as described
in paragraph (e) of this section or a certification of financial
assurance for decommissioning in an amount at least equal to $750,000
in accordance with the criteria set forth in this section. If the
licensee submits the certification of financial assurance rather than a
decommissioning funding plan at this time, the licensee shall include a
decommissioning funding plan in any application for license renewal.
(3) Each holder of a specific license issued before July 27, 1990,
and of a type described in paragraph (b) of this section shall submit,
on or before July 27, 1990, a decommissioning funding plan, described
in paragraph (e) of this section, or a certification of financial
assurance for decommissioning in accordance with the criteria set forth
in this section.
(4) Any licensee who has submitted an application before July 27,
1990, for renewal of license in accordance with Sec. 70.33 shall
provide financial assurance for decommissioning in accordance with
paragraphs (a) and (b) of this section.
* * * * *
(e) Each decommissioning funding plan must contain a cost estimate
for decommissioning and a description of the method of assuring funds
for decommissioning from paragraph (f) of this section, including means
for adjusting cost estimates and associated funding levels periodically
over the life of the facility. The decommissioning funding plan must
also contain a certification by the licensee that financial assurance
for decommissioning has been provided in the amount of the cost
estimate for decommissioning and an executed original copy of the
financial instrument obtained to satisfy the requirements of paragraph
(f) of this section.
* * * * *
9. Section 70.38 is amended by redesignating paragraph (b) as
(b)(1) and adding a new paragraph (b)(2) to read as follows:
Sec. 70.38 Expiration and termination of licenses.
* * * * *
(b) * * *
(2) Upon licensee notice of termination of activities and request
to terminate the license as required by paragraph (b)(1) of this
section, the licensee shall maintain in effect all decommissioning
financial assurances established by the licensee pursuant to Sec. 70.25
in conjunction with a license issuance or renewal or as required by
this section. The amount of the financial assurance must be increased,
or may be decreased, as appropriate, within 90 days of the notice, to
cover the detailed cost estimate for decommissioning established
pursuant to paragraph (c)(2)(iii)(E) of this section.
(i) A licensee who has not provided financial assurance for
decommissioning at the time of submittal of the notice of termination
of activities and request to terminate the license as required by
paragraph (b)(1) of this section, shall provide (by 90 days after
publication of the final rule) financial assurance for decommissioning
in an amount and form that complies with the requirements of Sec. 70.25
according to the possession limits in the license.
(ii) Following approval of the decommissioning plan, a licensee may
reduce the amount of the financial assurance semiannually as
decommissioning proceeds and radiological contamination is reduced at
the site, with the approval of the Commission.
* * * * *
PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF
SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE
10. 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).
11. Section 72.54 is amended by redesignating paragraph (a) as
(a)(1) and adding a new paragraph (a)(2) to read as follows:
Sec. 72.54 Application for termination of license.
* * * * *
(a) * * *
(2) Upon licensee notice of termination of activities and request
to terminate the license as required by paragraph (a)(1) of this
section, the licensee shall maintain in effect all decommissioning
financial assurances established by the licensee pursuant to Sec. 72.30
in conjunction with a license issuance or renewal or as required by
this section. The amount of the financial assurance shall be increased,
or may be decreased, as appropriate, within 90 days of the notice, to
cover the detailed cost estimate for decommissioning established
pursuant to paragraph (b)(6) of this section.
(i) A licensee who has not provided financial assurance for
decommissioning at the time of submittal of the notice of termination
of activities and request to terminate the license required by
paragraph (a)(1) of this section, must provide, within 90 days,
financial assurance for decommissioning in an amount and form that
complies with the requirements of Sec. 72.30.
(ii) Following approval of the decommissioning plan, a licensee may
reduce the amount of the financial assurance semiannually as
decommissioning proceeds and radiological contamination is reduced at
the site, with the approval of the Commission.
* * * * *
Dated at Rockville, Maryland, this 15th day of June 1994.
For the Nuclear Regulatory Commission.
John C. Hoyle,
Acting Secretary of the Commission.
[FR Doc. 94-15022 Filed 6-21-94; 8:45 am]
BILLING CODE 7590-01-P
