Technical Assistance Request, Virginia Electric and Power Company, Response to 10 CFR 30.35
See the memorandum from J. E. Glenn to W. E. Cline dated February 4, 1991.
This NMSS memo responds to a technical assistance request from Region II, dated January 25, 1991, concerning whether an electric utility that has complied with 10 CFR 50.75 must make the submission directed by 10 CFR 30.35 for its byproduct material license. Virginia Electric and Power Company's License No. 45-13670-04 authorizes up to 3 curies of any byproduct material for the transfer, possession and use incident to repair, maintenance and decontamination of reactor components and associated tools and equipment. The licensed material is authorized to be used at temporary job sites anywhere in the United States.
The licensee thought that decommissioning costs were bounded by normal operations and no additional financial assurance was required. NMSS and Low-Level Waste Management and Decommissioning (LLWM) disagreed with this position and cited a response to a request from Region I dated November 6, 1990 (enclosure) which advised:
If the byproduct material license is for activities performed offsite, then the 10 CFR 30.35 financial assurance submission is required.
If the byproduct material license is for activities performed onsite, then the 10 CFR 30.35 financial assurance submission is not required, PROVIDED that the utility verifies that all decommissioning activities related to its materials license will be included in the 10 CFR Part 50 preliminary and final plant submittals.
Since License No. 45-43670-04 authorizes the use of licensed material "Anywhere in the United States," the power company is required to make a financial assurance submission in accordance with 10 CFR 30.35.
Regulatory references: 10 CFR 30.35
Subject codes: 5.8, 11.2