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
