Information Notice No. 90-38: Requirements for Processing Financial Assurance Submittals for Decommissioning

                                UNITED STATES
                        NUCLEAR REGULATORY COMMISSION
              OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS
                           WASHINGTON, D.C.  20555

                                May 29, 1990


Information Notice No. 90-38:  REQUIREMENTS FOR PROCESSING FINANCIAL 
                                   ASSURANCE SUBMITTALS FOR DECOMMISSIONING


Addressees:

All fuel facility and materials licensees. 

Purpose:

This information notice is being provided to inform materials licensees of 
the licensing and fee requirements for financial assurance submittals for 
decommissioning.  This notice also serves to remind licensees that, based on 
the quantity of material authorized by your license, financial assurance may 
be required and the necessary documentation must be submitted to the U.S. 
Nuclear Regulatory Commission (NRC) by July 27, 1990.  It is expected that 
licensees will review this information for applicability to their licensed 
activities and consider appropriate actions to assure compliance with 
requirements to submit financial assurance documentation to NRC, along with 
the appropriate fee for processing these submittals.  However, the 
information in this notice does not constitute any new NRC requirements, and 
no written response is required. 

Background:

The NRC rule entitled "General Requirements for Decommissioning Nuclear 
Facilities" (53FR24018, 06/27/88) has been distributed to licensees and 
discussed in the NMSS Licensee Newsletter.  Information Notice 90-16 was 
issued on March 7, 1990 and reminded licensees who possess certain 
quantities of byproduct, source, or special nuclear material that either 
financial assurance documentation or a request to reduce the quantity of 
authorized material must be submitted to NRC by July 27, 1990.  However, 
past NRC guidance did not address licensing and fee requirements associated 
with these submittals.  This information notice is being issued to inform 
licensees of the licensing and fee requirements for processing financial 
assurance submittals for decommissioning. 

Discussion:

Financial assurance submittals will be processed as amendments to your 
license and are therefore subject to the fees specified in 10 CFR Part 170 
for the fee category assigned to the materials license or application.  
Unless the license is exempt from fees pursuant to 10 CFR 170.11, the 
appropriate fee specified in 10 CFR 170.31 should accompany the submission 
of the decommissioning funding plans or financial assurance certifications, 
as provided in 10 CFR 170.12.  Fees 



9005220117
.

                                                            IN 90-38 
                                                            May 29, 1990 
                                                            Page 2 of 2 


for decommissioning funding plan or financial assurance certification 
submittals that are part of a renewal application will be covered by the 
renewal fee; those filed as part of a new license application will be 
covered by the application fee; all others will be subject to amendment 
fees.  It should be noted that even though certain licensees may be exempt 
from fee requirements, pursuant to 10 CFR 170.11, these licensees are still 
required to submit financial assurance documentation by July 27, 1990. 

No written response is required by this notice.  If you have any questions 
about this information notice, please contact the appropriate regional 
office, this office, or the Office of Controller (OC).  




                              Richard L. Bangart, Director
                              Division of Low-Level Waste Management
                                and Decommissioning
                              Office of Nuclear Material Safety
                                and Safeguards


Technical Contacts:  Tony Huffert, NMSS
                     (301) 492-0529

                     Timothy C. Johnson, NMSS
                     (301) 492-0558

License Fee Contact: Glenda Jackson, OC
                     (301) 492-8740 

Attachments:
1.  List of Recently Issued NMSS Information Notices
2.  List of Recently Issued NRC Information Notices
.ENDEND