[Federal Register Volume 64, Number 11 (Tuesday, January 19, 1999)]
[Notices]
[Pages 2887-2888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1108]


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DEPARTMENT OF ENERGY


Reimbursement for Costs of Remedial Action at Active Uranium and 
Thorium Processing Sites

AGENCY: Office of Environmental Management, Department of Energy.

ACTION: Notice of the acceptance of claims and the availability of 
funds for reimbursement in fiscal year 1999 and changes in 
reimbursement ceilings.

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SUMMARY: This Notice announces the Department of Energy acceptance of 
claims for reimbursement. Approximately $30 million in funds for fiscal 
year 1999 are available for reimbursement of certain costs of remedial 
action at eligible active uranium and thorium processing sites pursuant 
to Title X of the Energy Policy Act of 1992.
    After the payment of fiscal year 1999 funds against outstanding 
approved claims through fiscal year 1998, there will be remaining 
unpaid outstanding approved claims. Thus any approved claim amounts for 
fiscal year 1999 will be added to the outstanding balances and eligible 
for prorated payment in fiscal year 2000 based on the availability of 
funds from congressional appropriations.

[[Page 2888]]

    Changes in Reimbursement Ceilings: Section 11 of the Energy 
Conservation Reauthorization Act of 1998 (Secs. 11(a) and (b), Pub. L. 
105-388) amends the Energy Policy Act of 1992 to increase the ceiling 
for thorium reimbursements by $75,000,000 to $140,000,000.
    The overall ceiling for Title X reimbursements is thus increased 
from $415,000,000 to $490,000,000. This increase is effective 
immediately and will be applied in calculating the remaining available 
ceiling for thorium claims.
    Title X directs that reimbursements to each uranium licensee will 
not exceed $5.50 per dry short ton of byproduct material. When Title X 
was enacted, the Department determined that the authorized amount of 
$270,000,000 for the total reimbursements to uranium licensees would 
not be sufficient if the reimbursable costs for each of the uranium 
licensees were to equal or exceed $5.50 per dry short ton of byproduct 
material. The Department has been utilizing a preliminary dry short ton 
ceiling that is less than the statutory ceiling of $5.50 per dry short 
ton to assure that all licensees would receive their fair share of 
authorized funds.
    The Department has determined that the preliminary dry short ton 
ceiling is no longer needed. Beginning with the fiscal year 1999 
reimbursement, each uranium licensee's approved reimbursable costs will 
be limited to their actual cost per dry short ton or the statutory dry 
short ton ceiling, whichever is less. The statutory dry short ton 
ceiling, which when adjusted for inflation through calendar year 1997, 
is currently $7.07 per dry short ton. This amount will be adjusted in 
early 1999 for inflation during calendar year 1998.

DATES: The Department will process payments of approximately $30 
million against outstanding approved claims through fiscal year 1998 by 
April 30, 1999. The closing date for the submission of claims in fiscal 
year 1999 is May 3, 1999.

ADDRESSES: Claims should be forwarded by certified or registered mail, 
return receipt requested, to the U.S. Department of Energy, Albuquerque 
Operations Office, Environmental Restoration Division, P.O. Box 5400, 
Albuquerque, NM 87185-5400, or by express mail to the U.S. Department 
of Energy, Albuquerque Operations Office, Environmental Restoration 
Division, H and Pennsylvania Streets, Albuquerque, NM 87116. All claims 
should be addressed to the attention of Mr. James B. Coffey. Two copies 
of the claim should be included with each submission.

FOR FURTHER INFORMATION CONTACT: Messrs. James Coffey (505-845-4026) or 
Gil Maldonado (505-845-4035), U.S. Department of Energy, Albuquerque 
Operations Office, Environmental Restoration Division.

SUPPLEMENTARY INFORMATION: The Department of Energy published a final 
rule under 10 CFR part 765 in the Federal Register on May 23, 1994 (59 
FR 26714) to carry out the requirements of Title X of the Energy Policy 
Act of 1992 (Secs. 1001-1004, Pub. L. 102-486, 42 U.S.C. 2296a et seq.) 
and to establish the procedures for eligible licensees to submit claims 
for reimbursement. Title X requires the Department of Energy to 
reimburse eligible uranium and thorium licensees for certain costs of 
decontamination, decommissioning, reclamation, and other remedial 
action incurred by licensees at active uranium and thorium processing 
sites to remediate byproduct material generated as an incident of sales 
to the United States Government. To be reimbursable, costs of remedial 
action must be for work which is necessary to comply with applicable 
requirements of the Uranium Mill Tailings Radiation Control Act of 1978 
(42 U.S.C. 7901 et seq.) or, where appropriate, with requirements 
established by a state pursuant to a discontinuance agreement under 
section 274 of the Atomic Energy Act of 1954 (42 U.S.C. 2021). Claims 
for reimbursement must be supported by reasonable documentation as 
determined by the Department of Energy in accordance with 10 CFR part 
765. Funds for reimbursement will be provided from the Uranium 
Enrichment Decontamination and Decommissioning Fund established at the 
United States Department of Treasury pursuant to section 1801 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2297g). Payment or obligation of 
funds shall be subject to the requirements of the Anti-Deficiency Act 
(31 U.S.C. 1341).

    Authority: Secs. 1001-1004, Pub. L. 102-46, 106 Stat. 2776 (42 
U.S.C. 2296a et seq.), as amended by secs. 11 (a) and (b), Pub. L. 
105-388.

    Issued in Washington DC, on the 11th of January, 1999.
David E. Mathes,
Leader, UMTRA/Surface Ground Water Team, Office of Southwestern Area 
Programs, Environmental Restoration.
[FR Doc. 99-1108 Filed 1-15-99; 8:45 am]
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