[Federal Register Volume 66, Number 171 (Tuesday, September 4, 2001)]
[Proposed Rules]
[Pages 46230-46239]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22139]


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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 2, 20, and 50

RIN 3150-AG56


Releasing Part of a Power Reactor Site or Facility for 
Unrestricted Use Before the NRC Approves the License Termination Plan

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend 
its regulations to standardize the process for allowing a power reactor 
licensee to release part of its facility or site for unrestricted use 
before the NRC approves the license termination plan (LTP). This type 
of release is termed a ``partial site release.'' The proposed rule 
would identify the criteria and regulatory framework that a licensee 
would use to request NRC approval for a partial site release and 
provide additional assurance that residual radioactivity would meet the 
radiological criteria for license termination, even if parts of the 
site were released before a licensee submits its LTP to the NRC. Also 
the proposed rule would clarify that the radiological criteria for 
unrestricted use apply to a partial site release.

DATES: The comment period expires on November 19, 2001. Comments 
received after this date will be considered if it is practical to do 
so, but the NRC is able to ensure consideration only for comments 
received on or before this date.

ADDRESSES: Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemakings and 
Adjudications Staff. Deliver comments to 11555 Rockville Pike, 
Rockville, Maryland, between 7:30 am and 4:15 pm on Federal workdays.
    You also may provide comments via the NRC's interactive rulemaking 
Website (http://ruleforum.llnl.gov). This site provides the capability 
to upload comments as files (any format), if your Web browser supports 
that function. For information about the interactive rulemaking 
Website, contact Ms. Carol Gallagher, (301) 415-5905, e-mail: 
[email protected].
    Documents may be examined, and/or copied for a fee, at the NRC's 
Public Document Room, located at One White Flint North, 11555 Rockville 
Pike (first floor), Rockville, Maryland. Publicly available records 
will be accessible electronically from the ADAMS Public Library 
component on the NRC Web site (the Electronic Reading Room), 
www.nrc.gov.

FOR FURTHER INFORMATION CONTACT: Mr. W. Mike Ripley, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-1112; or by Internet electronic mail to 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    Compliance with the decommissioning and license termination rules 
of 10 CFR parts 20, and 50 ensures adequate protection to the public 
and the environment from any radioactivity remaining in the facility 
and site when the reactor license is terminated. The NRC staff makes 
its determination that the licensee has met the license termination 
criteria using information submitted by the licensee in its LTP and 
final radiation survey. The LTP is not required until 2 years before 
the anticipated date of license termination. The license termination 
radiation survey is not required until after the licensee completes its 
decontamination activities. These requirements were based on the NRC's 
anticipation that reactor licensees would permanently cease operations 
and then perform the decommissioning and license termination of the 
site as one large project. However, in 1999, a licensee informed the 
staff that it intended to sell parts of its facility and site before it 
permanently ceased operations. It was not clear whether NRC approval 
was required for the sale. As a result, the staff was faced with the 
need to evaluate the adequacy of the licensee's proposed action before 
the licensee was required to submit the information required by the LTP 
and the final radiation survey.
    In evaluating the staff's response to the proposed sale of parts of 
the licensee's facility and site, a number of actions specific to the 
case were taken to ensure that the property would meet the radiological 
release criteria for unrestricted use of 10 CFR part 20, subpart E.
    However, the NRC recognized that the current regulations in 10 CFR 
part 50 do not address the release of part of a reactor facility or 
site for unrestricted use, or require a licensee to obtain NRC approval 
of a partial site release. Thus, there is not a specific requirement to 
meet the release criteria under 10 CFR part 20, subpart E, for a 
partial site release. The NRC also noted that for purposes of Subpart 
E, the boundary of a site is defined in 10 CFR 20.1003 as ``that line 
beyond which the land or property is not owned, leased, or otherwise 
controlled by the licensee.'' One could argue as a consequence of this 
definition that the ``site,'' which is licensed under 10 CFR part 50 
and is subject to the license termination and decommissioning 
requirements of 10 CFR 50.82 and 10 CFR part 20, subpart E, can be 
changed by selling the property.
    The purpose of the License Termination Rule (LTR) (61 FR 39301; 
July 29, 1996, as amended at 62 FR 39091; July 21, 1997) and 10 CFR 
50.82 is to ensure that the residual radioactivity for the licensed 
activity is within the criteria of the LTR. To avoid licensees taking a 
piecemeal approach to license termination, the LTP must consider the 
entire site as defined in the original license, along with subsequent 
modifications to the site boundary, to ensure that the entire area 
meets the radiological release requirements of 10 CFR part 20, subpart 
E, at the time the license is terminated. Therefore, the purpose of the 
LTR is to consider the whole site for application of the release 
criteria. That is, any site area controlled during the term of the 
license must be considered. The proposed rule would clarify this 
purpose and not establish new policies or standards. Although no 
further surveys of previously released areas are anticipated, the dose 
assessment in the LTP must account for possible dose contributions 
associated with previously released areas in order to ensure that the 
entire area meets the radiological release requirements of 10 CFR part 
20, subpart E, (0.25 mSv/yr [25 mrem/yr] reduced to as low as 
reasonably achievable [ALARA]) at the time the license is terminated. 
The proposed requirement that licensees maintain records of property 
line changes and the radiological conditions of partial site releases 
ensures that these potential dose contributions can be adequately 
considered at the time of any subsequent partial releases and at the 
time of license termination. Specific guidance to assist licensees in

[[Page 46231]]

identifying and accounting for these potential dose contributions is 
currently being developed, and will be available before publishing the 
final rule.
    The proposed rule would, therefore, provide adequate assurance that 
residual radioactivity from licensed activities that remains in areas 
released for unrestricted use will meet the radiological criteria for 
license termination. It should increase public confidence in decisions 
to release parts of reactor sites and make more efficient use of NRC 
and licensee resources.
    The NRC staff has obtained preliminary input from stakeholders at 
several public workshops. The suggested approach to handling requests 
for partial site release for unrestricted use was presented to the 
attendees for comment. Utility and nuclear industry representatives 
indicated that licensees need a method to allow them to release parts 
of a site before NRC approves the LTP. Utility representatives stated 
that formal NRC action would be desirable to provide finality and legal 
closure after part of a reactor site or facility is released. Although 
there were no negative comments received from representatives of public 
interest groups attending the workshops, a number of questions were 
raised on the implementation of the proposed rule. These questions have 
been addressed below, or added to the Issues for Public Comment section 
in order to solicit further public comment. Depending on the comments 
received on this proposed rule, the NRC may hold additional workshops 
or other public meetings before issuance of the final rule in order to 
solicit further stakeholder input.

Discussion of Proposed Rule

    The strategy for developing the proposed rule is to narrow its 
applicability to power reactor licensees to be responsive to current 
industry needs while also protecting the health and safety of the 
public. A separate rulemaking would be needed to address the wide 
variety of materials sites, many of which are technically more complex 
from a decommissioning perspective than reactor sites, to provide a 
uniform and consistent agency approach to partial site release. The 
proposed rule would require NRC approval for a partial site release at 
a reactor site before NRC approval of the licensee's LTP.
    The approval process by which the property is released depends on 
the potential for residual radioactivity from plant operations 
remaining in the area to be released. First, for proposed release areas 
classified as non-impacted and, therefore, having no reasonable 
potential for residual radioactivity, the licensee would be allowed to 
submit a letter request for approval of the release containing specific 
information for NRC approval. In these cases, as there is no reasonable 
potential for residual radioactivity, NRC would approve the release of 
the property by letter upon determining that the licensee has otherwise 
met the criteria of the proposed rule and no change to a license or 
technical specifications description of the site is necessary. Guidance 
for demonstrating that a proposed release area is non-impacted is 
contained in NUREG-1575, Revision 1, ``Multi-agency Radiation Survey 
and Site Investigation Manual (MARSSIM).'' NRC would generally not 
perform radiological surveys and sampling of a non-impacted area. 
However, should NRC determine surveys and sampling were needed, such 
would be done as part of NRC's inspection process. Second, for areas 
classified as impacted and, therefore, having some potential for 
residual radioactivity, the licensee would submit the required 
information in the form of a license amendment for NRC approval. The 
proposed amendment also would include the licensee's demonstration of 
compliance with the radiological criteria for unrestricted use 
specified in 10 CFR 20.1402. Regulatory guidance for performing this 
demonstration is contained in NUREG-1727, ``NMSS Decommissioning 
Standard Review Plan.'' In both cases, public participation 
requirements and additional recordkeeping would be addressed.
    This approval approach is a departure from that presented to the 
Commission in the NRC staff's rulemaking plan (SECY-00-0023, February 
2, 2000). At that time, it was thought that if a licensee could 
demonstrate that the radioactivity associated with any residual 
material remaining after remediation of impacted areas was no longer 
distinguishable from the background radioactivity, the approval could 
be treated in the same manner as a non-impacted area, and the release 
area could be approved by letter as opposed to a license amendment. 
However, in light of the variability in background and the limitation 
of survey instruments, the approach would require the definition of 
some minimum dose or concentration above mean background against which 
to compare survey results. Because the NRC has not established such 
value, the NRC is no longer considering the use of background as a 
release criterion. The proposed release area's classification as either 
impacted or non-impacted will determine whether the release may be 
approved by letter, or whether a license amendment is required. 
Guidance for demonstrating that a proposed release area is non-impacted 
is contained in NUREG-1575, Revision 1.
    Subpart K of 10 CFR Part 20 provides in Sec. 20.2002 that a 
licensee may request NRC approval of a proposed disposal method that is 
not otherwise authorized by NRC regulations. Some have argued that a 
partial site release should be covered by Sec. 20.2002; however, a 
partial site release leaving residual radioactivity at a site that 
meets the release criteria for unrestricted use of 10 CFR 20.1402 is 
not considered a disposal. In any case, the proposed rule, if adopted, 
would authorize partial site releases, thereby removing the argument 
that a partial site release is within the scope of Sec. 20.2002. 
Additionally, any disposals made under Sec. 20.2002 on those portions 
of the site proposed for release will be considered impacted areas.
    In contrast to the license termination process, the proposed rule 
does not require a license amendment to release property for 
unrestricted use in all cases. The NRC believes this difference is 
justified for the following reasons. First, the license termination 
process was created to deal with the facility or site as a whole, which 
inevitably involves handling residual radioactivity, such as that found 
in plant systems. The proposed rule preserves the license amendment 
approach for those cases in which the potential exists for residual 
radioactivity and requires that the area meets the radiological 
criteria for unrestricted use. Second, for cases in which the change 
does not adversely affect reactor safety and it is demonstrated that 
the area is non-impacted and, therefore, there is no reasonable 
potential for residual radioactivity, a license amendment is not 
required to adequately protect public health and safety. The proposed 
rule with its clearly defined criteria would be sufficient. The NRC's 
oversight role is to ensure that the licensee meets the criteria.
    The proposed rule would amend 10 CFR Part 2 to provide an 
opportunity for a Subpart L hearing on the amendment. The hearing, if 
conducted, must be completed before the property is released for use. 
However, for cases where it is demonstrated that the area is non-
impacted and, therefore, there is no reasonable potential for residual 
radioactivity, a license amendment is not required by the proposed 
rulemaking. A review of a licensee's proposed partial site release in 
such cases is essentially a compliance review

[[Page 46232]]

to determine if the release would otherwise meet the defined criteria 
of the regulation. Assuming the partial site release does not result in 
a change to an existing license, the approval of the partial site 
release under these circumstances does not require a license amendment 
(see Cleveland Electric Illuminating, et al. (Perry Nuclear Power 
Plant, Unit 1), CLI-96-13, 44 NRC 315, 328 (1996)). In these cases, the 
required public meeting held before the release approval is granted 
will serve as a forum for public comments on the proposed release.
    In some cases, a reactor or site-specific Independent Spent Fuel 
Storage Installation (ISFSI) license may contain license conditions or 
Technical Specifications that define the site boundary in detail, such 
as a site map. In these cases (because the site boundary would change), 
a reactor licensee would be required to submit a license amendment 
application for a partial site release regardless of the potential for 
residual radioactivity in the area to be released. However, under 
current regulations, a licensee could amend its license to remove the 
definition of site boundary, without reference to a partial site 
release, and then proceed to perform the release, without obtaining NRC 
approval. The proposed rule would require NRC approval for a partial 
site release regardless of the amount of detail defining the site in 
the operating license.
    The proposed rule provides for public participation. The NRC would 
notice receipt of a licensee's proposal for a partial site release, 
regardless of the potential for residual radioactivity, and make it 
available for public comment. In addition to the opportunity for a 
hearing on a license amendment, the NRC also would hold a public 
meeting in the vicinity of the site to discuss the licensee's request 
for approval or license amendment application, as applicable, and 
obtain comments before approving the release.
    Members of the public have expressed concern that a licensee could 
use a series of partial site releases to avoid applying the criteria of 
the license termination rule. Members of the public are concerned that 
the lack of specific regulation for partial site releases could result 
in inconsistent application of safety standards and insufficient 
regulatory oversight of licensee actions. They also note that the 
public participation requirements of the license termination rule do 
not specifically apply to a partial site release. The proposed rule 
would address these concerns.
    The proposed rule would not provide for a partial site release 
under restricted conditions, nor has any reactor licensee expressed 
interest in releasing property for restricted use.
    The proposed rule would apply only to cases in which a reactor 
licensee intends to perform a partial site release before the NRC 
approves its LTP. When an LTP is submitted, a licensee can propose 
releasing its site in stages if it so desires. The NRC staff will 
evaluate the licensee's plan and approve it, if it is adequate, by 
license amendment. Once the LTP is approved, there is no longer any 
need for a separate regulatory mechanism for partial site releases.
    In addition, the provisions of the ``timeliness in 
decommissioning'' rule for materials facilities in 10 CFR 30.36, 40.42, 
70.38, and 72.54 do not apply to a partial site release at a power 
reactor site. These rules were issued to avoid long periods of delay in 
decommissioning materials facilities following cessation of operations. 
Unlike reactor facilities, where a period of safe storage can result in 
reduced occupational radiation exposure for decommissioning, materials 
facilities do not always realize much dose reduction benefit from an 
extended period of storage.
    Sections 30.36, 40.42, 70.38, and 72.54 require decommissioning to 
begin within 24 months of cessation of principal activities, even if 
only a part of the site is not used, and whether or not a licensee 
declares an end to operations. In contrast, 10 CFR 50.82, the license 
termination rule for reactors, requires a licensee to certify the 
permanent cessation of operations before the decommissioning time clock 
starts. A reactor licensee has the option to begin decommissioning at 
any time following the submittal of certain certifications and reports, 
as long as decommissioning is completed within 60 years following 
permanent shutdown. This option allows for a period of safe storage 
that results in reduced occupational exposure.
    The partial site release proposed rule would make the following 
changes to 10 CFR part 50:
     Add a new section, separate from the license termination 
process of Sec. 50.82, to address the release of part of a reactor 
facility or site for unrestricted use before the LTP is approved.
     Specify criteria for the licensee to fulfill to obtain NRC 
approval of a partial site release.
     Allow a written request for release approval and not 
require a license amendment for releases of property if the licensee 
demonstrates that the area is non-impacted and, therefore, there is no 
reasonable potential for residual radioactivity in the area to be 
released. The release would be approved if all the proposed criteria 
are met.
     Require a license amendment that contains the licensee's 
demonstration of compliance with the radiological criteria for 
unrestricted use (0.25 mSv/yr [25 mrem/yr] and ALARA) for releases of 
property in which the area is classified as impacted and, therefore, a 
reasonable potential for residual radioactivity in the area to be 
released exists.
     Revise the LTP requirements to account for property that 
was released before a licensee received approval of its LTP.
     Require the NRC to hold a public meeting to inform the 
public of the partial site release request and receive public comments 
before acting on the request.
     Require additional recordkeeping of the acquisition and 
disposition of property included in the site.
     Add supporting definitions of key terms.
    The partial site release proposed rule would make the following 
changes to 10 CFR part 20:
     Include releasing part of a facility or site for 
unrestricted use within the scope of the radiological criteria for 
license termination.
     Include releasing part of a facility or site for 
unrestricted use within the scope of the criteria by which the NRC may 
require additional cleanup on receiving new information following the 
release.
    The partial site release rulemaking would make the following change 
to 10 CFR part 2:
     Provide for informal hearings in accordance with Subpart L 
for amendments associated with partial site releases.

Section-by-Section Analysis

10 CFR Part 2, Subpart L, ``Informal Hearing Procedures for 
Adjudications in Materials and Operator Licensing Proceedings''

    Informal hearing procedures are specified in 10 CFR part 2, subpart 
L. Section 2.1201(a)(1) applies to materials licenses under parts 30, 
40, and 70. Section 2.1201(a)(3) applies to requests for a hearing for 
amendments to a part 50 license for licensees that have certified 
permanent cessation of operations and permanent removal of fuel from 
the reactor and permanently removed fuel from the part 50 facility. It 
applies to decommissioning reactors that have either removed spent fuel 
from the site, or have placed it in an

[[Page 46233]]

independent spent fuel storage installation licensed under part 72.
    The NRC believes that conditions in a part of a reactor facility or 
site released for unrestricted use are equivalent to the conditions 
specified in Sec. 2.1201(a)(3). The proposed amendment underlying the 
hearing request would principally address the transfer of land, and not 
reactor operations. The issues would also be similar to the materials 
licensing issues that are currently subject to subpart L under 
Sec. 2.1201(a)(1).
    An amendment to 10 CFR part 2, subpart L, is required to permit use 
of these informal hearing procedures for amendments associated with 
partial site releases at nuclear power reactors. It should be noted 
that the proposed rule does not provide for license amendments to 
authorize partial site releases where there is no reasonable potential 
for residual radioactivity in the area to be released. As there are no 
license amendments in these cases, there are no corresponding 
opportunities for hearings. However, public meetings will be noticed in 
these cases to obtain comments before NRC action on the release.

10 CFR Part 20, ``Standards for Protection Against Radiation''

    In 10 CFR part 20, the NRC provides standards for protection 
against radiation. These standards are applicable to reactor licensees 
as long as they hold a license. The subparts relevant to the partial 
site release issue are Subpart D (``Radiation Dose Limits for 
Individual Members of the Public'') and Subpart E (``Radiological 
Criteria for License Termination'').

10 CFR Part 20, Subpart D, ``Radiation Dose Limits for Individual 
Members of the Public''

    The radiation dose limits specified in 10 CFR part 20, subpart D, 
set the annual limit for an individual member of the public at 1.0 mSv/
yr (100 mrem/yr). However, there are a number of more stringent dose 
standards applicable to power reactor licensees that must also be 
considered. These standards include the Environmental Protection Agency 
(EPA) environmental radiation standard incorporated in Sec. 20.1301(d), 
the Subpart D compliance standards in Sec. 20.1302(b), the radiological 
effluent release objectives to maintain effluents ALARA in Appendix I 
to 10 CFR part 50, and any dose standards which may be established by 
special license conditions.
    A licensee performing a partial site release must continue to 
comply with the public dose limits and standards as they pertain to the 
area remaining under the license. In addition, the licensee must comply 
with the public dose limits for effluents, etc., entering the released 
portion of the site. As a practical matter, a licensee must demonstrate 
that moving its site boundary closer to the operating facility would 
not result in a dose to a member of the public that exceeds these 
criteria. If residual radioactivity exists in the area to be released 
for unrestricted use, the dose caused by the release must be considered 
along with that from the licensee's facility, as well as, for the case 
of the EPA's standard incorporated in Sec. 20.1301(d), that from any 
other uranium fuel cycle operation in the area, for example a facility 
licensed under 10 CFR part 72, to determine compliance with the above 
standards. As a consequence, a partial site release for unrestricted 
use that contains residual radioactivity may have to meet a standard 
lower than the radiological criteria of 10 CFR part 20, subpart E, 
discussed below because the combined dose from the partial site release 
and the dose from these other sources must meet the public dose limits 
and standards described above.

10 CFR Part 20, Subpart E, ``Radiological Criteria for License 
Termination''

    The scope of subpart E applies to decommissioning reactor 
facilities. However, as currently written, it does not specifically 
apply to operating reactors. The reactor remains ``operating'' until a 
licensee submits the certifications of permanent cessation of 
operations specified in Sec. 50.82(a)(1), when it begins 
``decommissioning.''
    Radiological criteria for license termination contained in 10 CFR 
part 20, subpart E, limit radiation exposure to the ``average member of 
the critical group.'' The limit applicable to release for unrestricted 
use is 0.25 mSv/yr (25 mrem/yr) total effective dose equivalent (TEDE), 
with additional reductions consistent with the ALARA principle. The 
determination of ALARA in these cases explicitly requires balancing 
reduction in radiation risk with the increase from other health and 
safety risks resulting from the work done to decontaminate a site, such 
as adverse health impacts from transportation accidents that might 
occur if larger amounts of waste soil are shipped for disposal. The 
standard applies to doses resulting from ``residual radioactivity 
distinguishable from background radiation'' and includes dose from 
groundwater sources of drinking water. The standard for unrestricted 
use in 10 CFR part 20, subpart E, does not include dose from effluents 
or direct radiation from continuing operations. However, as noted in 
the above section on public dose limits, the dose from these sources 
must be considered when demonstrating compliance with the radiological 
release criteria.
    Section 20.1401(c) limits additional cleanup following the NRC's 
termination of the license. Additional cleanup would only be required 
if new information reveals that the requirements of subpart E were not 
met and a significant threat to public health and safety remains from 
residual radioactivity. Similarly, the proposed rule would include the 
portions of the site released for unrestricted use within the scope of 
the criteria by which the Commission may require additional cleanup on 
the basis of new information received following the release.
    The proposed rulemaking is intended to apply subpart E to power 
reactor licensees, both operating and decommissioning, that have not 
received approval of the LTP. Because an LTP is required for license 
termination under restricted conditions (Sec. 20.1403(d)) or alternate 
criteria (Sec. 20.1404(a)(4)), only the ``unrestricted use'' option 
would be available to licensees for a partial site release before 
receiving approval of the LTP.
    The proposed rule would not require an analysis to demonstrate that 
the area to be released meets the criteria of Sec. 20.1402 for cases in 
which the licensee is able to demonstrate that there is no reasonable 
potential for residual radioactivity in the area to be released. In 
these cases, compliance with Sec. 20.1402 is demonstrated by providing 
documentation of an evaluation of the site to identify areas of 
potential or known sources of radioactive material that concludes that 
the area is non-impacted and there is, therefore, no reasonable 
potential for residual radioactivity. Acceptable guidance describing 
the performance of this demonstration is contained in NUREG-1575, 
Revision 1.
    For areas classified as impacted, the proposed rule would require a 
license amendment that includes a demonstration of compliance with 
Sec. 20.1402 for the area that is released for unrestricted use. 
Guidance for performing this classification is contained in NUREG-1727. 
This guidance can be used to support a license amendment request for 
partial site release.
    An amendment to part 20, subpart E, that revises Sec. 20.1401(a) 
and Sec. 20.1401(c) would add the release of part of a facility or site 
for unrestricted

[[Page 46234]]

use to the provisions and scope of 10 CFR part 20, subpart E.

10 CFR 50.2, ``Definitions''

    The NRC issued technical guidance after the decommissioning rules 
of Sec. 50.82 were amended in 1996. Those documents included NUREG-1575 
which defined terms (historical site assessment, impacted, and non-
impacted) that are critical to implementing the amended regulations. In 
order for a licensee to adequately demonstrate compliance with the 
radiological criteria for license termination in 10 CFR part 20, 
subpart E, the licensee must evaluate its site to identify areas of 
potential or known sources of radioactive material and classify those 
areas according to the potential for radioactive contamination. The 
evaluation is known as a historical site assessment. The historical 
site assessment is an investigation to collect information describing a 
site's complete history from the start of site activities to the 
present time. Information collected will typically include site files, 
monitoring data, and event investigations, as well as interviews with 
current or previous employees to collect firsthand information. The 
assessment results in classifying areas according to the potential for 
containing residual radioactivity. Areas that have no reasonable 
potential for residual radioactivity in excess of natural background or 
fallout levels are classified as non-impacted areas. Areas with some 
potential for residual radioactivity in excess of natural background or 
fallout levels are classified as impacted areas. Further discussion 
regarding the meaning and use of these terms is contained in NUREG-
1575.
    An amendment to Sec. 50.2 would add the definitions for 
``Historical Site Assessment,'' ``Impacted Areas,'' and ``Non-impacted 
Areas.''

10 CFR 50.75, ``Reporting and Recordkeeping for Decommissioning 
Planning''

    In Sec. 50.75(c), the NRC defines the amount of financial assurance 
required for decommissioning power reactors. There is no provision to 
adjust the amount to account for the costs of a partial site release. 
One point of view argues that a partial site release would reduce the 
cost of decommissioning for the remainder of the site. However, the NRC 
does not recommend reducing the required amount for the following 
reasons. Costs incurred for purposes other than reduction of residual 
radioactivity to permit release of the property and termination of the 
license are not included in the amount required for decommissioning 
financial assurance. A partial site release may incur costs that do not 
fit the definition of decommissioning. Therefore, an evaluation of the 
costs would be necessary to determine what adjustment, if any, was 
appropriate. In addition, the cost of a partial site release is 
expected to be a small fraction of the cost of decommissioning. Such a 
small adjustment can be considered within the uncertainty range of the 
amount specified in Sec. 50.75(c) and does not provide a compelling 
reason to undertake the technical justification of adding a generically 
applicable adjustment factor to the requirement.
    In Sec. 50.75(g), the NRC requires keeping records of information 
important to decommissioning. Currently, there are three categories of 
information required: (1) Spills resulting in significant contamination 
after cleanup; (2) as-built drawings of structures and equipment in 
restricted areas; and (3) cost estimates and funding methods. 
Information on structures and land that were included as part of the 
site is also important to decommissioning in order to ensure that the 
dose effects from partial releases are adequately accounted for when 
the license is terminated.
    Records relevant to decommissioning must be retained until the 
license is terminated. The proposed rule would require a licensee to 
identify its facility and site, as defined in the original license, to 
include a map, and to record any additions to or deletions from the 
site since original licensing, along with records of the radiological 
conditions of any partial site releases. These records will ensure that 
potential dose contributions associated with partial site releases can 
be adequately considered at the time of any subsequent partial releases 
and at the time of license termination. The proposed recordkeeping is 
made effective when the rule becomes effective.
    The purpose of the License Termination Rule (LTR) (61 FR 39301; 
July 29, 1996, as amended at 62 FR 39091; July 21, 1997) and 10 CFR 
50.82 is to ensure that any residual radioactivity associated with 
licensed activity is within the radiological release requirements of 10 
CFR part 20, subpart E, at the time the license is terminated. Although 
not previously codified, the requirement to maintain records of the 
entire site as defined in the original license, along with subsequent 
modifications to the site boundary, clarifies the intent of the LTR and 
is necessary to ensure that potential dose contributions from the 
entire area can be adequately considered in demonstrating compliance 
with the release criteria. The proposed recordkeeping, therefore, 
applies to all licensees, including those who modify the site boundary 
by releasing a part of their site prior to NRC approval of their LTP. 
It is expected that licensees are already maintaining property records 
in order to comply with the LTR at the time of license termination and, 
therefore, the proposed recordkeeping does not establish new policies, 
standards, or requirements not already inherent to compliance with the 
radiological release criteria of the LTR.

10 CFR 50.82, ``Termination of License''

    Section 50.82(a)(9) requires the submittal of an application for 
license termination that includes an LTP. Section 50.82(a)(11) requires 
that the NRC make a determination that the final survey and associated 
documentation provided by a licensee demonstrate that the site is 
suitable for release at the time the license is terminated. These 
sections codify the NRC's views that (1) certain information is 
required to evaluate the adequacy of a licensee's compliance with the 
radiological criteria for license termination in 10 CFR part 20, 
subpart E, and (2) the license termination criteria are applicable to 
the entire site. However, because the LTP is not required until 2 years 
before the anticipated date of license termination, a licensee may 
perform a partial site release before it submits the necessary 
information. The information required when the LTP is submitted refers 
to the ``site.'' It is not clear that a licensee could be required to 
include the areas released because they no longer are part of the 
``site.'' The NRC is concerned that a licensee could adopt partial site 
release as a piecemeal approach to relinquish responsibility for a part 
of its site without going through the license termination process and 
without ensuring that the release criteria of 10 CFR part 20, subpart 
E, are met.
    A new paragraph, Sec. 50.82(a)(9)(ii)(H), would include the 
identification of parts of the site released for unrestricted use 
before approval of the LTP with the information listed in the LTP.
    An amendment to Sec. 50.82(a)(11)(ii) would require that the final 
radiation survey and associated LTP documentation, demonstrating that 
the site is suitable for release in accordance with the criteria in 10 
CFR part 20, subpart E, include any parts released for use before 
approval of the LTP. Although no further surveys of previously released 
areas are anticipated, the dose assessment in the

[[Page 46235]]

LTP must account for possible dose contributions associated with 
previous releases in order to ensure that the entire area meets the 
radiological release requirements of 10 CFR part 20, subpart E (0.25 
mSv/yr [25 mrem/yr] reduced to ALARA) at the time the license is 
terminated. The proposed requirement that records of property line 
changes and the radiological conditions of partial site releases be 
maintained by licensees would ensure that these potential dose 
contributions can be adequately considered at the time of any 
subsequent partial releases and at the time of license termination. 
Specific guidance to assist licensees in identifying and accounting for 
these potential dose contributions is currently being developed.

10 CFR 50.83, ``Release of Part of a Facility or Site for Unrestricted 
Use''

    The proposed rule would add a new Sec. 50.83, separate from the 
current decommissioning and license termination rules, that identifies 
the criteria and regulatory framework for power reactor licensees that 
seek to release part of a facility or site for unrestricted use at any 
time before receiving approval of an LTP.
    The proposed rule would require NRC approval for a partial site 
release. The approval process by which the property is released would 
depend on the potential for residual radioactivity from plant 
operations remaining in the area to be released. First, for proposed 
release areas classified as non-impacted and, therefore, having no 
reasonable potential for residual radioactivity, the licensee would be 
allowed to submit a letter request for approval of the release 
containing specific information for NRC approval. Because there is no 
reasonable potential for residual radioactivity in these cases, NRC 
would approve the release of the property by letter after determining 
that the licensee has met the criteria of the proposed rule. Guidance 
for demonstrating that a proposed release area is non-impacted is 
contained in NUREG-1575, Revision 1. NRC would generally not perform 
radiological surveys and sampling of a non-impacted area. However, 
should NRC determine surveys and sampling were needed, such would be 
done as part of NRC's inspection process. Second, for areas classified 
as impacted and, therefore, that do have some potential for residual 
radioactivity, the licensee would submit the required information in 
the form of a license amendment for NRC approval. The proposed 
amendment also would include the licensee's demonstration of compliance 
with the radiological criteria for unrestricted use specified in 10 CFR 
20.1402. Regulatory guidance for performing this demonstration is 
contained in NUREG-1727.
    Licensees may find it beneficial to review their survey plans and 
design with the NRC staff before performing the surveys. As warranted, 
NRC will conduct parallel and/or confirmatory radiation surveys and 
sampling to ensure that the licensee's conclusions are adequate.
    The proposed rule is intended to apply 10 CFR part 20, subpart E, 
to reactor licensees that have not received approval of the LTP. 
Because an LTP is required for license termination under restricted 
conditions (Sec. 20.1403(d)) or alternate criteria 
(Sec. 20.1404(a)(4)), only the ``unrestricted use'' option would be 
available to licensees for a partial site release before receiving 
approval of the LTP.
    The proposed rule also would require a licensee to evaluate the 
effect of releasing the property to ensure that it would continue to 
comply with all other applicable statutory and regulatory requirements 
that may be impacted by the release of property and changes to the site 
boundary. This would include, for example, regulations in 10 CFR parts 
20, 50, 72, and 100. In those instances involving license amendments, 
licensees also would be required to provide a supplement to the 
existing environmental report to address the planned release. This 
requirement is similar to the requirement of 10 CFR 50.82(a)(9)(ii)(G).
    The proposed rule provides for public participation. The NRC will 
notice receipt of a licensee's proposal for a partial site release, 
regardless of the amount of residual radioactivity involved, and make 
it available for public comment. The NRC also will hold a public 
meeting in the vicinity of the site to discuss the licensee's release 
approval request or license amendment application, as applicable.

Issues for Public Comment

    The NRC encourages comments concerning the content, level of detail 
specified, and the implementation of the proposed amendments. 
Suggestions or alternatives other than those described in this document 
and estimates of cost for implementation are encouraged. The NRC is 
particularly interested in receiving comments on the following issues 
related to this proposed rule:
    1. Are there rulemaking alternatives to this proposed rule that 
were not considered in the regulatory analysis for this proposed rule?
    2. Are the proposed definitions in Sec. 50.2 clear?
    3. Is public involvement adequately considered?
    4. Should the license amendment process be required for all partial 
site release approvals, regardless of whether the site has been 
classified as non-impacted?
    5. Does the proposed rule make it adequately clear that when 
performing partial site releases and when releasing the entire site at 
license termination, licensees must consider potential dose 
contributions from previous partial releases in demonstrating 
compliance with the radiological release criteria?
    6. Is there reason to limit the size or number of partial site 
releases?
    7. Are there other potential impacts on continued operation or 
decommissioning activities as a result of partial site releases that 
should specifically be considered in the rule?

Referenced Documents

    Copies of NUREG-1575, NUREG-1727, and SECY-00-0023 may be examined, 
and/or copied for a fee, at the NRC's Public Document Room, located at 
One White Flint North, 11555 Rockville Pike (first floor), Rockville, 
Maryland. These documents are also accessible on the NRC Web site at 
www.nrc.gov. 

Plain Language

    The Presidential memorandum dated June 1, 1998, entitled ``Plain 
Language in Government Writing'' directed that the Government's writing 
be in plain language. This memorandum was published on June 10, 1998 
(63 FR 31883). In complying with this directive, editorial changes have 
been made in this proposed rule to improve readability of the existing 
language of those provisions being revised. These types of changes are 
not discussed further in this document. The NRC requests comment on the 
proposed rule specifically with respect to the clarity and 
effectiveness of the language used. Comments should be sent to the 
address listed under the ADDRESSES heading.

Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995, Pub. 
L. 104-113, requires that Federal agencies use technical standards that 
are developed or adopted by voluntary consensus standard bodies unless 
the use of such a standard is inconsistent with applicable law or is 
otherwise impractical. In this proposed rule, the NRC proposes to 
standardize the process for allowing a licensee to release part of its 
reactor facility or site for unrestricted use before NRC approves the 
LTP. This proposed rule would not

[[Page 46236]]

constitute the establishment of a standard that establishes generally 
applicable requirements, and the use of a voluntary consensus standard 
is not applicable.

Finding of No Significant Environmental Impact: Availability

    The Commission has determined that under the National Environmental 
Policy Act of 1969, as amended, and the Commission's regulations in 
subpart A of 10 CFR part 51 that this rule, if adopted, would not be a 
major Federal action significantly affecting the quality of the human 
environment and, therefore, an environmental impact statement is not 
required.
    There are no significant radiological environmental impacts 
associated with the proposed action. The proposed action does not 
involve non-radiological plant effluents and has no other environmental 
impact. Therefore, NRC expects that no significant environmental impact 
would result from the proposed rule.
    The determination of the environmental assessment is that there 
would be no significant offsite impact to the public from this action. 
However, the general public should note that the NRC is seeking public 
participation. Comments on any aspect of the environmental assessment 
may be submitted to the NRC as indicated under the ADDRESSES heading.
    The NRC has sent a copy of the environmental assessment and this 
proposed rule to every State Liaison Officer and requested their 
comments on the environmental assessment.

Paperwork Reduction Act Statement

    This proposed rule amends information collection requirements that 
are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.). This rule has been submitted to the Office of Management and 
Budget (OMB) for review and approval of the information collection 
requirements.
    The burden to the public for this information collection is 
estimated to average 582 hours per response, including the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
information collection. The U.S. Nuclear Regulatory Commission is 
seeking public comment on the potential impact of the information 
collections contained in the proposed rule and on the following issues:
    1. Is the proposed information collection necessary for the proper 
performance of the functions of the NRC, including whether the 
information will have practical utility?
    2. Is the estimate of burden accurate?
    3. Is there a way to enhance the quality, utility, and clarity of 
the information to be collected?
    4. How can the burden of the information collection be minimized, 
including the use of automated collection techniques?
    Send comments on any aspect of this proposed information 
collection, including suggestions for reducing the burden, to the 
Records Management Branch (T-6 E6), U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, or by Internet electronic mail at 
[email protected]; and to the Desk Officer, Office of Information and 
Regulatory Affairs, NEOB-10202 (3150-0011), Office of Management and 
Budget, Washington, DC 20503.
    Comments to OMB on the information collections or on the above 
issues should be submitted by October 4, 2001. Comments received after 
this date will be considered if it is practical to do so, but assurance 
of consideration cannot be given to comments received after this date.

Public Protection Notification

    If a means used to impose an information collection does not 
display a currently valid OMB control number, the NRC may not conduct 
or sponsor, and a person is not required to respond to, the information 
collection.

Regulatory Analysis

    The Commission has prepared a regulatory analysis on this proposed 
regulation. The analysis examines the costs and benefits of the 
alternatives considered by the Commission. The regulatory analysis may 
be examined, and/or copied for a fee, at the NRC's Public Document 
Room, located at One White Flint North, 11555 Rockville Pike (first 
floor), Rockville, Maryland. The Commission requests public comment on 
the regulatory analysis. Comments on the analysis may be submitted to 
the NRC as indicated under the ADDRESSES heading.

Regulatory Flexibility Certification

    In accordance with the Regulatory Flexibility Act of 1980 (5 U.S.C. 
605(b)), the Commission certifies that this proposed rule would not, if 
adopted, have a significant economic impact on a substantial number of 
small entities. This proposed rule would affect only the licensing and 
operation of nuclear power plants. The companies that own these plants 
do not fall within the scope of the definition of ``small entities'' 
set forth in the Regulatory Flexibility Act or the Small Business Size 
Standards set out in 10 CFR 2.810.

Backfit Analysis

    The NRC has determined that the backfit rule does not apply to this 
proposed rule; therefore, a backfit analysis is not required for this 
proposed rule because it does not involve any provisions that would 
impose backfits as defined in 10 CFR 50.109(a)(1).
    The proposed rule would clarify the application of the radiological 
criteria of the license termination rule (LTR) [62 FR 39091 (July 21, 
1997)] for partial site release and the relationship between partial 
site release and decommissioning of a site under 10 CFR 50.82. A 
backfit analysis was not required for the LTR because it did not 
involve reactor operations, and it was not required for 10 CFR 50.82 
because that rule was imposed to ensure adequate protection of the 
public health and safety. Because a backfit analysis was not required 
for either the LTR or for 10 CFR 50.82, it does not appear that it 
would be needed for this rulemaking action.
    Additionally, the purpose of the LTR and 10 CFR 50.82 is to ensure 
that the residual radioactivity from the licensed activity is within 
the criteria of the LTR. The LTR requires that any previously approved 
onsite disposals be reconsidered in determining releases under the LTR. 
As to previously approved offsite releases, Section F.2.3. of the 
Statement of Considerations for the final LTR describes a limited 
grandfathering of previously approved partial site releases. The NRC 
stated that guidance would be issued on how licensees should address 
previously released portions of licensed sites. Consequently, while a 
previously approved partial site release meeting the LTR criteria would 
not need to be reconsidered, absent new information in accordance with 
10 CFR 20.1401(c), it was not the intent of the rule that interaction 
from the previously released residual radiation be excluded from 
consideration in the release decision for the remaining portions of the 
site. To read the LTR as not requiring the radiation interactions from 
the previously released site to be considered in making release 
determinations on the remaining site would permit a licensee to release 
a site that would otherwise not meet the LTR criteria by releasing the 
site by segments, each one below the criteria of the LTR. Such an 
approach would defeat the intent of the LTR to consider all the 
residual radioactivity from the licensed activity in meeting the LTR 
criteria. This rulemaking would

[[Page 46237]]

clarify the intent of the LTR and not establish new policies or 
standards.
    Accordingly, the proposed rule's provisions do not constitute a 
backfit and a backfit analysis need not be performed. However, the 
staff has prepared a regulatory analysis that identifies the benefits 
and costs of the proposed rule and evaluates other options for 
addressing the identified issues. As such, the regulatory analysis 
constitutes a ``disciplined approach'' for evaluating the merits of the 
proposed rule and is consistent with the underlying intent of the 
backfit rule.

List of Subjects

10 CFR Part 2

    Administrative practice and procedure, Antitrust, Byproduct 
material, Classified information, Environmental protection, Nuclear 
materials, Nuclear power plants and reactors, Penalties, Sex 
discrimination, Source material, Special nuclear material, Waste 
treatment and disposal.

10 CFR Part 20

    Byproduct material, Criminal penalties, Licensed material, Nuclear 
material, Nuclear power plants and reactors, Occupational safety and 
health, Packaging and containers, Radiation protection, Reporting and 
recordkeeping requirements, Source material, Special nuclear material, 
Waste treatment and disposal.

10 CFR Part 50

    Antitrust, Classified information, Criminal penalties, Fire 
protection, Intergovernmental relations, Nuclear power plants and 
reactors, Radiation protection, Reactor siting criteria, Reporting and 
recordkeeping requirements.
    For the reasons set out in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended; the Energy Reorganization 
Act of 1974, as amended; and 5 U.S.C. 553, the NRC is proposing to 
adopt the following amendments to 10 CFR parts 2, 20, and 50.

PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND 
ISSUANCE OF ORDERS

    1. The authority citation for Part 2 continues to read as follows:

    Authority: Secs.161, 181, 68 Stat. 948, 953, as amended (42 
U.S.C. 2201, 2231); sec. 191, as amended, Pub. L. 87-615, 76 Stat. 
409 (42 U.S.C. 2241); sec. 201, 88 Stat.1242, as amended (42 U.S.C. 
5841); 5 U.S.C. 552.

    Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 
105, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 
U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, 2135); sec. 114(f), Pub. 
L. 97-425, 96 Stat. 2213, as amended (42 U.S.C. 10143(f)); sec. 102, 
Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332); sec. 301, 
88 Stat. 1248 (42 U.S.C. 5871). Sections 2.102, 2.103, 2.104, 2.105, 
2.721 also issued under secs. 102, 103, 104, 105, 183i, 189, 68 
Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, 
2134, 2135, 2233, 2239). Section 2.105 also issued under Pub. L. 97-
415, 96 Stat. 2073 (42 U.S.C. 2239). Sections 2.200-2.206 also 
issued under secs. 161 b, i, o, 182, 186, 234, 68 Stat. 948-951, 
955, 83 Stat. 444, as amended (42 U.S.C. 2201 (b), (i), (o), 2236, 
2282); sec. 206, 88 Stat 1246 (42 U.S.C. 5846). Section 2.205(j) 
also issued under Pub. L. 101-410, 104 Stat. 90, as amended by 
section 3100(s), Pub. L. 104-134, 110 Stat. 1321-373 (28 U.S.C. 2461 
note). Sections 2.600-2.606 also issued under sec. 102, Pub. L. 91-
190, 83 Stat. 853, as amended (42 U.S.C. 4332). Sections 2.700a, 
2.719 also issued under 5 U.S.C. 554. Sections 2.754, 2.760, 2.770, 
2.780 also issued under 5 U.S.C. 557. Section 2.764 also issued 
under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 
10155, 10161). Section 2.790 also issued under sec. 103, 68 Stat. 
936, as amended (42 U.S.C. 2133), and 5 U.S.C. 552. Sections 2.800 
and 2.808 also issued under 5 U.S.C. 553. Section 2.809 also issued 
under 5 U.S.C. 553, and sec. 29, Pub. L. 85-256, 71 Stat. 579, as 
amended (42 U.S.C. 2039). Subpart K also issued under sec. 189, 68 
Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 
(42 U.S.C. 10154). Subpart L also issued under sec. 189, 68 Stat. 
955 (42 U.S.C. 2239). Subpart M also issued under sec. 184 (42 
U.S.C. 2234) and sec. 189, 68 stat. 955 (42 U.S.C. 2239). Appendix A 
also issued under sec. 6, Pub. L. 91-560, 84 Stat. 1473 (42 U.S.C. 
2135).
    2. In Sec. 2.1201, paragraph (a)(4) is added to read as follows:


Sec. 2.1201  Scope of subpart.

    (a) * * *
    (4) The amendment of a part 50 license to release part of a power 
reactor facility or site for unrestricted use in accordance with 
Sec. 50.83. Subpart L hearings for the partial site release plan, if 
conducted, must be complete before the property is released for use.
* * * * *

PART 20--STANDARDS FOR PROTECTION AGAINST RADIATION

    3. The authority citation for Part 20 continues to read as follows:

    Authority:  Secs. 53, 63, 65, 81, 103, 104, 161, 182, 186, 68 
Stat. 930, 933, 935, 936, 937, 948, 953, 955, as amended, sec. 1701, 
106 Stat. 2951, 2952, 2953 (42 U.S.C. 2073, 2093, 2095, 2111, 2133, 
2134, 2201, 2232, 2236, 2297f), secs. 201, as amended, 202, 206, 88 
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).

    4. In Sec. 20.1401, paragraphs (a) and (c) are revised to read as 
follows:


Sec. 20.1401  General provisions and scope.

    (a) The criteria in this subpart apply to the decommissioning of 
facilities licensed under parts 30, 40, 50, 60, 61, 70, and 72 of this 
chapter, and release of part of a facility or site for unrestricted use 
in accordance with Sec. 50.83 of this chapter, as well as other 
facilities subject to the Commission's jurisdiction under the Atomic 
Energy Act of 1954, as amended, and the Energy Reorganization Act of 
1974, as amended. For high-level and low-level waste disposal 
facilities (10 CFR parts 60 and 61), the criteria apply only to 
ancillary surface facilities that support radioactive waste disposal 
activities. The criteria do not apply to uranium and thorium recovery 
facilities already subject to appendix A to 10 CFR part 40 or to 
uranium solution extraction facilities.
* * * * *
    (c) After a site has been decommissioned and the license terminated 
in accordance with the criteria in this subpart, or after part of a 
facility or site has been released for unrestricted use in accordance 
with Sec. 50.83 of this chapter and in accordance with the criteria in 
this subpart, the Commission will require additional cleanup only if 
based on new information, it determines that the criteria of this 
subpart were not met and residual radioactivity remaining at the site 
could result in significant threat to public health and safety.
* * * * *

PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION 
FACILITIES

    5. The authority citation for Part 50 continues to read as follows:

    Authority:  Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 
68 Stat. 936, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 83 
Stat. 444, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 2232, 
2233, 2239, 2282); secs. 201, as amended, 202, 206, 88 Stat. 1242, 
as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).

    Section 50.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951, as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42 
U.S.C. 5851). Section 50.10 also issued under secs. 101, 185, 68 
Stat. 936, 955, as amended (42 U.S.C. 2131, 2235); sec. 102, Pub. L. 
91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.54(dd), 
and 50.103 also issued under sec. 108, 68 Stat. 939, as amended (42 
U.S.C. 2138). Sections 50.23, 50.35, 50.55, and 50.56 also issued 
under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a, 
50.55a and Appendix Q also issued under sec. 102, Pub. L. 91-190, 83 
Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued 
under Pub. L. 97-415, 96 Stat. 2073 (42 U.S.C. 2239). Section 50.78 
also issued under sec.

[[Page 46238]]

122, 68 Stat. 939 (42 U.S.C. 2152). Sections 50.80--50.81 also 
issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). 
Appendix F also issued under sec. 187, 68 Stat. 955 (42 U.S.C. 
2237).

    6. Section 50.2 is amended by adding ``Historical site 
assessment,'' ``Impacted areas,'' and ``Non-impacted areas'' in 
alphabetical order to read as follows:


Sec. 50.2  Definitions.

* * * * *
    Historical site assessment means the identification of potential, 
likely, or known sources of radioactive material and radioactive 
contamination based on existing or derived information for the purpose 
of classifying a facility or site, or parts thereof, as impacted or 
non-impacted.
    Impacted areas mean the areas with some reasonable potential for 
residual radioactivity in excess of natural background or fallout 
levels.
* * * * *
    Non-impacted areas mean the areas with no reasonable potential for 
residual radioactivity in excess of natural background or fallout 
levels.
* * * * *
    7. In Sec. 50.8, paragraph (b) is revised to read as follows:


Sec. 50.8  Information collection requirements: OMB approval.

* * * * *
    (b) The approved information collection requirements contained in 
this part appear in Secs. 50.30, 50.33, 50.33a, 50.34, 50.34a, 50.35, 
50.36, 50.36a, 50.36b, 50.44, 50.46, 50.47, 50.48, 50.49, 50.54, 50.55, 
50.55a, 50.59, 50.60, 50.61, 50.62, 50.63, 50.64, 50.65, 50.66, 50.68, 
50.71, 50.72, 50.74, 50.75, 50.80, 50.82, 50.83, 50.90, 50.91, 50.120, 
and Appendices A, B, E, G, H, I, J, K, M, N, O, Q, R, and S to this 
part.
* * * * *
    8. In Sec. 50.75, paragraph (g)(4) is added to read as follows:


Sec. 50.75  Reporting and recordkeeping for decommissioning planning.

* * * * *
    (g) * * *
    (4) Licensees shall maintain property records containing the 
following information:
    (i) Records of the site boundary, as originally licensed, which 
must include a site map;
    (ii) Records of any acquisition or use of property outside the 
originally licensed site boundary for the purpose of receiving, 
possessing, or using licensed materials;
    (iii) The licensed activities carried out on the acquired or used 
property; and
    (iv) Records of the disposition of any property recorded in 
paragraphs (g)(4)(i) or (g)(4)(ii) of this section, the historical site 
assessment performed for the disposition, radiation surveys performed 
to support release of the property, submittals to the NRC made in 
accordance with Sec. 50.83, and the methods employed to ensure that the 
property met the radiological criteria of 10 CFR part 20, subpart E, at 
the time the property was released.
    9. In Sec. 50.82, paragraph (a)(9)(ii)(H) is added and paragraph 
(a)(11)(ii) is revised to read as follows:


Sec. 50.82  Termination of license.

* * * * *
    (a) * * *
    (9) * * *
    (ii) * * *
    (H) Identification of parts, if any, of the facility or site that 
were released for use before approval of the license termination plan.
* * * * *
    (11) * * *
    (ii) The final radiation survey and associated documentation 
demonstrate that the facility and site, including any parts released 
for use before approval of the license termination plan, are suitable 
for release in accordance with the criteria for decommissioning in 10 
CFR part 20, subpart E.
* * * * *
    10. A new Sec. 50.83 is added to read as follows:


Sec. 50.83  Release of part of a power reactor facility or site for 
unrestricted use.

    (a) Prior written NRC approval is required to release part of a 
facility or site for unrestricted use at any time before receiving 
approval of a license termination plan. Section 50.75 specifies 
recordkeeping requirements associated with partial release. Nuclear 
power reactor licensees seeking NRC approval shall--
    (1) Evaluate the effect of releasing the property to ensure that--
    (i) The dose to individual members of the public from the portion 
of the facility or site remaining under the license does not exceed the 
limits of 10 CFR part 20, subpart D;
    (ii) There is no reduction in the effectiveness of emergency 
planning or physical security;
    (iii) Effluent releases remain within license conditions;
    (iv) The environmental monitoring program and offsite dose 
calculation manual are revised to account for the changes;
    (v) The siting criteria of 10 CFR part 100 continue to be met; and
    (vi) All other applicable statutory and regulatory requirements 
continue to be met.
    (2) Perform a historical site assessment of the part of the 
facility or site to be released; and
    (3) Perform surveys adequate to demonstrate compliance with the 
radiological criteria for unrestricted use specified in 10 CFR 20.1402 
for impacted areas.
    (b) For release of non-impacted areas, the licensee may submit a 
written request for NRC approval of the release if a license amendment 
is not otherwise required. The request submittal must include--
    (1) The results of the evaluations performed in accordance with 
Sec. 50.59 and paragraphs (a)(1) and (a)(2) of this section;
    (2) A description of the part of the facility or site to be 
released;
    (3) The schedule for release of the property; and
    (4) A discussion that provides the reasons for concluding that the 
environmental impacts associated with the licensee's proposed release 
of the property will be bounded by appropriate previously issued 
environmental impact statements.
    (c) After receiving an approval request from the licensee for the 
release of a non-impacted area, the NRC shall--
    (1) Determine whether the licensee has adequately evaluated the 
effect of releasing the property as required by paragraph (a)(1) of 
this section;
    (2) Determine whether the licensee's historical site assessment is 
adequate; and
    (3) Upon determining that the licensee's submittal is adequate, 
inform the licensee in writing that the release is approved.
    (d) For release of impacted areas, the licensee shall submit an 
application for amendment of its license for the release of the 
property. The application must include--
    (1) The information specified in paragraphs (b)(1) through (3) of 
this section;
    (2) The methods used for and results obtained from the radiation 
surveys required to demonstrate compliance with the radiological 
criteria for unrestricted use specified in 10 CFR 20.1402; and
    (3) A supplement to the environmental report, pursuant to 
Sec. 51.53, describing any new information or significant environmental 
change associated with the licensee's proposed release of the property.
    (e) After receiving a license amendment application from the 
licensee for the release of an impacted area, the NRC shall--
    (1) Determine whether the licensee has adequately evaluated the 
effect of

[[Page 46239]]

releasing the property as required by paragraph (a)(1) of this section;
    (2) Determine whether the licensee's historical site assessment is 
adequate;
    (3) Determine whether the licensee's radiation survey for an 
impacted area is adequate; and
    (4) Upon determining that the licensee's submittal is adequate, 
approve the licensee's amendment application.
    (f) The NRC shall notice receipt of the release approval request or 
license amendment application and make the approval request or license 
amendment application available for public comment. Before acting on an 
approval request or license amendment application submitted in 
accordance with this section, the NRC shall conduct a public meeting in 
the vicinity of the licensee's facility for the purpose of obtaining 
public comments on the proposed release of a part of the facility or 
site. The NRC shall publish a document in the Federal Register and in a 
forum, such as local newspapers, which is readily accessible to 
individuals in the vicinity of the site, announcing the date, time, and 
location of the meeting, along with a brief description of the purpose 
of the meeting.

    Dated at Rockville, Maryland, this 28th day of August, 2001.
    For the Nuclear Regulatory Commission.
Andrew L. Bates,
Acting Secretary of the Commission.
[FR Doc. 01-22139 Filed 8-31-01; 8:45 am]
BILLING CODE 7590-01-P