[Federal Register Volume 71, Number 239 (Wednesday, December 13, 2006)]
[Proposed Rules]
[Pages 74847-74848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-21154]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 20
Public Meeting on Consideration of Rulemaking To Reduce the
Likelihood of Funding Shortfalls for Decommissioning Under the License
Termination Rule
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of meeting.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is working on a
proposed rule to reduce the likelihood that a licensee will have
insufficient funds to decommission its facility in accordance with 10
CFR part 20, Subpart E, Radiological Criteria for License Termination.
In the past, these funding shortfalls resulted in ``legacy sites,''
which are sites that are in decommissioning but whose operators do not
have enough funds to complete the work and terminate the license in
accordance with NRC regulations. All of the legacy sites have been
materials facilities, primarily those that processed uranium and
thorium, with undetected subsurface contamination from operations
arising as a significant problem during decommissioning. A risk-
informed approach addressing subsurface contamination at operating
facilities would affect materials licensees and operators of nuclear
power reactors. The purpose of the meeting is to give stakeholders an
opportunity to discuss their views and interact with other interested
parties on the regulatory issues summarized in the Supplementary
Information section of this document.
To aid in the rulemaking process, NRC is holding a public meeting
with a ``roundtable'' format (defined further in the body of this
notice) to solicit input. The meeting is open to the public. The NRC is
asking those planning to attend the meeting to pre-register by
contacting Jayne McCausland as noted under the For Further Information
section of this document. Individuals unable to attend the meeting will
be able to listen by teleconference.
DATES: The meeting will be held on January 10, 2007, from 9 a.m. to 4
p.m. Registration is from 8:30 a.m. to 9 a.m.; however, all persons
planning to attend the meeting are encouraged to pre-register in order
to facilitate check-in on the day of the meeting.
ADDRESSES: Residence Inn Bethesda Downtown, 7335 Wisconsin Avenue,
Bethesda, Maryland, 20814. Telephone (301) 718-0200.
FOR FURTHER INFORMATION CONTACT: Kevin O'Sullivan, telephone (301) 415-
8112, e-mail [email protected], of the Office of Federal and State Materials
and Environmental Management Programs, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001. Questions on the meeting format,
including participation in the roundtable, should be directed to the
meeting facilitator, Lance Rakovan. Mr. Rakovan can be reached at (301)
415-2589 or [email protected]. To pre-register to attend the meeting in
person or to participate via teleconference, or if a participant has
special needs, please contact Jayne McCausland, telephone (301) 415-
6219, fax (301) 415-5369, or e-mail [email protected].
SUPPLEMENTARY INFORMATION: Current NRC regulations in 10 CFR part 20,
Subpart F, Surveys and Monitoring, require licensees to conduct
surveys, as reasonable under the circumstances, to evaluate (1) the
magnitude and extent of radiation levels; (2) concentrations or
quantities of radioactive material; and (3) the potential radiological
hazards. NRC regulations in 10 CFR 20, Subpart L, Records, contain
related record-keeping requirements. There have been past occurrences
among materials licensees, and recent occurrences at
[[Page 74848]]
nuclear power reactors, of inadvertent and undetected release of
radioactive material into the underlying soils and groundwater. Such
undetected subsurface contamination from operations may significantly
expand the scope of decommissioning when the facility is shut down, to
the extent that the licensee has insufficient funds to terminate the
license in accordance with NRC regulations.
Amendments to NRC regulations are under consideration that will
affect both facility operations and financial assurance for
decommissioning requirements. One proposed change would require each
NRC licensee to conduct operations, to the extent practicable, so as to
minimize the presence of contamination in the subsurface environment. A
second would require certain licensees, based on their capability for
causing long-lasting subsurface contamination, to check for the
presence of such contamination. NRC experience with legacy sites
demonstrates that soil or groundwater contamination, if not addressed
during the operating life of the facility, can increase decommissioning
costs to levels much higher than initially funded and may contribute to
off-site radionuclide migration, causing additional expense and delay
in returning the site to other productive uses.
Another regulatory amendment under consideration is to eliminate
the escrow account as an approved financial assurance mechanism due to
its ineffectiveness in bankruptcy actions. Two other financial
assurance mechanisms that pose similar financial risk during bankruptcy
are the unsecured Parent Company Guarantee and unsecured Self-
Guarantee. Reliance on these financial assurance mechanisms may
increase the likelihood of future legacy sites.
The January 10, 2007, public meeting is being held to discuss these
and related issues using a ``roundtable'' format. Participants at the
roundtable will be the invited stakeholders representing the broad
spectrum of interests who may be affected by this rulemaking. The
roundtable format is being used for this meeting to promote a dialogue
among the representatives at the table on the issues of concern.
Opportunities will be provided for comments and questions from the
audience. The meeting notice and a meeting agenda will be posted on the
NRC Web site at: http://www.nrc.gov/public-involve/public-meetings/index.cfm.
Dated at Rockville, Maryland, this 6th day of December 2006.
For the Nuclear Regulatory Commission.
Dennis Rathbun,
Director, Division of Intergovernmental Liaison and Rulemaking, Office
of Federal and State Materials and Environmental Management Programs.
[FR Doc. E6-21154 Filed 12-12-06; 8:45 am]
BILLING CODE 7590-01-P