ML14143A037

Overview of NRCs License Termination Rule

ML14143A037
Person / Time
Site:	West Valley Demonstration Project, P00M-032
Issue date:	05/28/2014
From:	Rachel Johnson NRC/FSME/DWMEP/DURLD/SPB
To:
Shared Package
ML14143A059	List: ML14143A037 ML14143A040
References
Download: ML14143A037 (14)

Text

OVERVIEW OF NRCS LICENSE TERMINATION RULE TERMINATION RULE Presentation at the West Valley Quarterly Public Meeting May 28, 2014 Robert L. Johnson 1

REGULATIONS AND GUIDANCE

• Regulations: 10 CFR 20 Subpart E (License Termination g

p

(

Rule (LTR))

• Statements of Consideration (SOC) for LTR

• Guidance: Consolidated Decommissioning Guidance, NUREG-1757, Vol. 1, 2, and 3

• Commissions West Valley Policy Statement (WVPS)

• Commission s West Valley Policy Statement (WVPS)

• Commissions Orders regarding Shieldalloy o CLI-11-12 and CLI-13-06 o Only for 10 CFR 20.1403(a) 2

LTR STATEMENT OF CONSIDERATIONS (SOC)

CONSIDERATIONS (SOC)

Source of extensive informationrationale for provisions, t

t responses to comments Commission preference for unrestricted release Recognition that there may be cases where achieving unrestricted release would not be reasonable (e g where cost unrestricted release would not be reasonable (e.g., where cost would be excessive)

Flexibility

- Consistent set of criteria for the range of facilities and site Consistent set of criteria for the range of facilities and site conditions

- License termination approaches available: unrestricted release, restricted release, alternate criteria Li d

i i

i th d f ti d

- Licensee proposes decommissioning methods for meeting dose criteria

- NUREG-1757, Vol. 2, Rev.1, Section 2 3

GENERAL PROVISIONS, UNRESTRICTED RELEASE UNRESTRICTED RELEASE

• General provisions p

- 10 CFR 20.1401

- 1000 year compliance period

- DOE/NYSERDA EIS should analyze beyond 1000 yr DOE/NYSERDA EIS should analyze beyond 1000 yr (WVPS SOC)

• Unrestricted release license termination 10 CFR 20 1402

- 10 CFR 20.1402

- 25 mrem/yr and ALARA

• Licensee could propose both unrestricted and p

p restricted release for different portions of the site 4

RESTRICTED RELEASE ELIGIBILITY ELIGIBILITY

• 10 CFR 20.1403(a)

( )

• Purpose

- Initial eligibility for restricted releasenot approval Screen out sites that should be removing

- Screen out sites that should be removing contamination to achieve unrestricted release

• A site would be eligible if further reductions in residual radioactivity necessary to comply with the residual radioactivity necessary to comply with the provisions of 20.1402

- would result in net public or environmental harm or

- were not being made because the residual levels associated with restricted conditions are ALARA.

5

RESTRICTED RELEASE ELIGIBILITY (CONT )

ELIGIBILITY (CONT.)

Commissions Orders regarding Shieldalloy

- Series of Shieldalloy lawsuits with associated Court and Commission actions

- Explain original meaning of provision and clarifies the analysis is limited to further removal of residual radioactivity limited to further removal of residual radioactivity

- Not a comparison of individual doses of restricted and unrestricted release and selection of the lowest dose

- Cost benefit analyses following NUREG-1757, Appendix N

• Costs/benefits of further removal of residual radioactive material from levels proposed to remain onsite to the unrestricted release level

• Net public harm analysis (costs of harm to people and environment compared to benefits, e.g., collective dose averted dollar value)

ALARA (total costs compared to benefits e g collecti e dose a erted

• ALARA (total costs compared to benefits, e.g., collective dose averted dollar value) 6

RESTRICTED RELEASE INSTITUTIONAL CONTROLS (ICs)

INSTITUTIONAL CONTROLS (ICs)

• 10 CFR 20.1403 (b)

( )

• Guidance in NUREG-1757, Vol. 1, Rev. 2

• Legally enforceable ICs to restrict future site use

• Durable ICs

- For higher risk sites (100-500 mrem/yr or > 100 yr half life

- State or Federal government ownership/control

- State or Federal government ownership/control

• Five-year reviews

• Independent third party/government entity backup p

p y g y

p

• NRC retains authority to take action if ICs fail (SOC) 7

RESTRICTED RELEASE ENGINEERED BARRIERS (EBs)

ENGINEERED BARRIERS (EBs)

• EBs to mitigate EBs to mitigate

- Human intrusion

- Adverse natural processes (e.g., erosion) p

(

g

)

- Release and transport of radionuclides

• Contribute to meeting dose criteria; no prescriptive LTR requirements

• EBs are not ICs and are assumed to degrade rather than immediately and totally fail for the IC fail dose criteria 8

RESTRICED RELEASE FINANCIAL ASSURANCE ASSURANCE

- 10 CFR 20.1403(c) 10 CFR 20.1403(c)

- NUREG-1757, Vol. 3

Purpose:

enables independent third party

Purpose:

enables independent third party, including a government custodian, to assume and carryout responsibilities for controls and y

p maintenance

- Requirements for amounts and mechanisms (e.g., government entity statement of intent) 9

RESTRICTED RELEASE ADVICE FROM AFFECTED PARTIES FROM AFFECTED PARTIES

• 10 CFR 20.1403 (d) 10 CFR 20.1403 (d)

• NUREG-1757 Vol. 1

• Seek advice from affected parties on specific Seek advice from affected parties on specific questions incorporate as appropriate incorporate as appropriate,

• Provide a publicly available summary of discussions, and document advice in the d scuss o s, a d docu e t ad ce t e decommissioning plan 10

RESTRICTED RELEASE DOSE CRITERIA CRITERIA

• 10 CFR 20.1403 (b) and (e)

( )

( )

• NUREG-1757, Vol. 2

• ICs in effect: 25 mrem/yr plus ALARA

• If ICs no longer in effect (dose caps)

• If ICs no longer in effect ( dose caps )

o Assumption of immediate and total failure o ALARA o 100 mrem/yr or o 100 mrem/yr or o 500 mrem/yr Further reductions in residual radioactivity necessary to comply with 100 mrem/yr are not technically achievable, prohibitively y

y

, p y

expensive, or would result in net public or environmental harm o If ICs fail NRC retains authority to take action (SOC) 11

RESTRICTED RELEASE ALTERNATE CRITERIA ALTERNATE CRITERIA Alternate criteria license termination

- 10 CFR 20.1404

- NUREG-1757, Vol. 1; Rev. 2

- Alleviates the need for exemptions for exceeding doses listed below (SOC) below (SOC)

- Exceed 25 mrem/yr (1402, 1403(b), 1403(d)(1)(i)(A))

- Not to exceed 100 mrem/yr from all man-made sources

- Restrictions required per 1403; reduce doses to ALARA Restrictions required per 1403; reduce doses to ALARA

- Commission approval after considering public and EPA comments Exemptions

- Consider granting exemptions

- WVPS: if LTR compliance is technically impractical or prohibitively expensive, but maintain protection 12

NO LICENSE TERMINATION

• Keep under license p

- SOC: Alternative to license termination if requirements cannot be met WVPS: long term or perpetual license where LTR

- WVPS: long-term or perpetual license where LTR requirements are technical impractical or prohibitively expensive NUREG 1757 Vol 1; Rev 2 Section 17 7 and

- NUREG-1757, Vol. 1; Rev. 2, Section 17.7 and Appendix M

• Possession only license for long-term control approved by Commission by Commission

• Last resort (e.g., if independent third party requirement is not met) 13

RESTRICTED RELEASE CONCLUSION CONCLUSION

• A system of controls to ensure safety A system of controls to ensure safety

- 25 mrem/yr with restrictions

- Legally enforceable and durable ICs

- EBs designed for site

- Monitoring and maintenance; 5-year rechecks

- Independent third party/government backup to site owner/custodian

- Financial assurance for third party Financial assurance for third party

- Dose caps if ICs fail: safety net

- Remain licensed, if needed 14