United States Nuclear Regulatory Commission - Protecting People and the Environment

U.S. Nuclear Regulatory Commission

Technical Assistance Request, Virginia Electric and Power Company, Response to 10 CFR 30.35

HPPOS-312 PDR-9306250123

Title: 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:

1. If the byproduct material license is for activities

performed offsite, then the 10 CFR 30.35 financial

assurance submission is required.

2. 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

Applicability: Reactors

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