Information Notice No. 90-16: Compliance with New Decommissioning Rule
UNITED STATES
NUCLEAR REGULATORY COMMISSION
OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS
WASHINGTON, D.C. 20555
March 7, 1990
Information Notice No. 90-16: COMPLIANCE WITH NEW DECOMMISSIONING RULE
Addressees:
All materials licensees.
Purpose:
This information notice is provided to remind licensees that the U.S.
Nuclear Regulatory Commission (NRC) issued a rule, "Guidance Requirements
for Decommissioning Nuclear Facilities," in the Federal Register on June 27,
1988. Licensees authorized to possess certain quantities of byproduct,
source, or special nuclear material will need to submit financial assurance
for decommissioning no later than July 27, 1990. It is expected that
licensees will review this information for applicability to their licensed
activities, and consider actions, if appropriate, to submit any required
financial assurance documentation to the NRC. However, the information in
this notice does not constitute any new NRC requirements, and no written
response is required.
Background:
The NRC staff notified licensees of the final rule on a number of occasions
since it became effective on July 27, 1988. Copies of the new regulation
were mailed to all licensees in 1988. The NMSS Licensee Newsletter issues
of September 1988, March 1989, and September 1989 discussed various aspects
of the rule, guidance that was issued, and the compliance deadline of July
27, 1990, for holders of existing licenses.
Discussion:
The final rule, "General Requirements for Decommissioning Nuclear
Facilities," (53 FR 24108) sets forth technical and financial criteria on
the decommissioning of nuclear facilities and the termination of licenses.
It applies to byproduct, source, and special nuclear material licenses
issued pursuant to 10 CFR Parts 30, 40, 70 and 72. The new rule covers
assuring funds for decommissioning, keeping records important to
decommissioning, and taking steps required to terminate a license. All
licensees have been required to comply with the recordkeeping and license
termination requirements since the rule became effective in 1988.
9003010227
.
IN 90-16
March 7, 1990
Page 2 of 3
Licensees holding a Part 30, 40 or 70 license issued prior to July 27, 1988,
have been allowed two years to submit any required financial assurance to
the NRC. If you have not done so, you should evaluate the quantity of
material authorized by your license and determine whether any financial
assurance is required. If financial assurance is required, you must submit
the necessary documentation or submit a request to reduce the quantity of
material authorized by your license by July 27, 1990. The intent of the
rule is to assure that adequate licensee funds are available for
decommissioning all licensed facilities. A draft regulatory guide entitled
"Standard Format and Content of Financial Assurance Mechanisms Required for
Decommissioning Under 10 CFR Parts 30, 40, 70 and 72," January 1990, has
been issued for comment. The draft guide discusses the information to be
provided in a materials license application and establishes a uniform format
for presenting the information required to meet the decommissioning
financial assurance requirements. The draft guide also provides recommended
wording for financial assurance instruments, cost estimating tables, and a
conversion table for determining the amount of financial assurance required
as a function of radionuclide activity levels.
With regard to recordkeeping, the new rule requires that licensees maintain
certain records important to safe and effective decommissioning, in an
identified location, until NRC terminates the license. These include
records of spills or other contamination events, as-built drawings and
modifications of structures and equipment in restricted areas, and records
of decommissioning plans, cost estimates, and financial assurance measures.
A draft Regulatory Guide, entitled "Records Important for Decommissioning
for Licensees Under 10 CFR Parts 30, 40, 70 and 72," July 1989, has been
issued for comment. This draft guide discusses which records must be kept
as information important to safe and effective decommissioning.
With regard to license terminations, the new rule requires that licensees
apply for license termination, submit a completed form NRC-314, and submit
the results of a final radiation survey, when all activities involving
authorized materials have been terminated. Where decommissioning work could
increase potential health and safety impacts to workers or the public, the
licensee must submit a decommissioning plan for review and approval, prior
to performing the work. The final plan, if required, must contain an
updated cost estimate for decommissioning and a plan for assuring the
availability of adequate funds. Licensees should consult Regulatory Guide
3.65, "Standard Format and Content of Decommissioning Plans for Licensees
Under 10 CFR Parts 30, 40 and 70," August 1989. It discusses what is needed
in preparing and submitting a decommissioning plan prior to terminating a
license.
.
IN 90-16
March 7, 1990
Page 3 of 3
No written response is required by this notice. If you have any questions
about this information notice, please contact Louis M. Bykoski at (301)
492-0572 or Timothy C. Johnson at (301) 492-0558 or the appropriate NRC
regional office.
Richard L. Bangart, Director
Division of Low-Level Waste Management
and Decommissioning
Office of Nuclear Material Safety
and Safeguards
Technical Contacts: Louis Bykoski, NMSS
(301) 492-0572
Timothy C. Johnson, NMSS
(301) 492-0558
Attachments:
1. List of Recently Issued NMSS Information Notices
2. List of Recently Issued NRC Information Notices
.ENDEND
Page Last Reviewed/Updated Tuesday, March 09, 2021