[Federal Register Volume 68, Number 180 (Wednesday, September 17, 2003)]
[Notices]
[Pages 54503-54504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23691]


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NUCLEAR REGULATORY COMMISSION


Office of Nuclear Material Safety and Safeguards Consolidated 
Decommissioning Guidance; Notice of Availability

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of availability.

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SUMMARY: The Nuclear Regulatory Commission's (NRC's) Office of Nuclear 
Material Safety and Safeguards (NMSS) is announcing the availability of 
the three volumes (Revision 1 of Volume 1, and final Volumes 2 and 3) 
of NUREG-1757, ``Consolidated NMSS Decommissioning Guidance.'' The 
first volume is ``Consolidated NMSS Decommissioning Guidance: 
Decommissioning Process for Materials Licensees'' (NUREG-1757, Vol. 1, 
Rev. 1), which provides guidance for planning and implementing the 
termination of materials licenses. The second volume, ``Consolidated 
NMSS Decommissioning Guidance: Characterization, Survey, and 
Determination of Radiological Criteria'' (NUREG-1757, Vol. 2), provides 
guidance for compliance with the radiological criteria for termination 
of licenses. The third volume, ``Consolidated NMSS Decommissioning 
Guidance: Financial Assurance, Recordkeeping, and Timeliness'' (NUREG-
1757, Vol. 3), provides guidance for compliance with the financial 
assurance, recordkeeping, and timeliness criteria for decommissioning 
of materials facilities.
    The guidance is intended for NRC staff, licensees, and the public. 
The guidance consolidation effort is supportive of the NRC's Strategic 
Plan performance goals to make NRC activities and decisions more 
effective, efficient, and realistic and to reduce unnecessary 
regulatory burden.

ADDRESSES: Volumes 1, 2, and 3 of NUREG-1757 are available for 
inspection and copying for a fee at the Commission's Public Document 
Room, U.S. NRC's Headquarters Building, 11555 Rockville Pike (First 
Floor), Rockville, Maryland. The Public Document Room is open from 7:45 
a.m. to 4:15 p.m., Monday through Friday, except on Federal holidays. 
NUREG-1757 also is available electronically from the ADAMS Electronic 
Reading Room on the NRC Web site at: http://www.nrc.gov/reading-rm/adams.html, and on the NRC Web site at: http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr1757/.
    Copies of NUREG-1757 also may be purchased from one of these two 
sources: (1) The Superintendent of Documents, U.S. Government Printing 
Office, Mail Stop: SSOP, Washington, DC 20402-0001; Internet: http://bookstore.gpo.gov/; telephone: 202-512-1800; fax: 202-512-2250; or (2) 
The National Technical Information Service, Springfield, VA 22161-0002, 
Internet: www.ntis.gov; telephone 1-800-553-6847 or, locally, 703-605-
6000.

FOR FURTHER INFORMATION CONTACT: Duane W. Schmidt, Mail Stop: T-7F27, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. 
Telephone: (301) 415-6919; Internet: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    As part of its redesign of the materials license program, NMSS has 
consolidated and updated numerous decommissioning guidance documents 
into a three-volume NUREG report, NUREG-1757, ``Consolidated NMSS 
Decommissioning Guidance.'' Information on the overall decommissioning 
guidance consolidation and updating project can be found in the Federal 
Register notice publishing the plan for the project (66 FR 21793; May 
1, 2001). NUREG-1757 provides guidance for planning and implementing 
license termination under the License Termination Rule (10 CFR part 20, 
subpart E) (LTR). This NUREG report addresses compliance with the 
radiological criteria for license termination of the LTR, and it 
incorporates the risk-informed and performance-based alternatives of 
the rule. This NUREG also provides guidance for compliance with the 
requirements for financial assurance and recordkeeping for 
decommissioning and timeliness in decommissioning of materials 
facilities.
    The approaches described in NUREG-1757 help to identify the 
information (subject matter and level of detail) needed for a wide 
range of radioactive materials licensees to meet the financial 
assurance, recordkeeping, and timeliness requirements for 
decommissioning and to terminate a license. NUREG-1757 describes and 
makes available to the public: (1) Methods acceptable to the NRC staff 
in implementing specific parts of the Commission's regulations; (2) 
techniques and criteria used by the staff in evaluating decommissioning 
actions; and (3) guidance to licensees responsible for decommissioning 
NRC-licensed sites.
    NUREG-1757 updates and builds upon the risk-informed approach used 
in the NMSS Decommissioning Handbook (NUREG/BR-0241, ``NMSS Handbook 
for Decommissioning Fuel Cycle and Materials Facilities,'' March 1997) 
and the ``NMSS Decommissioning Standard Review Plan,'' NUREG-1727, 
September 2000. The three volumes of NUREG-1757 supersede NUREG/BR-0241 
and NUREG-1727 in their entirety and should be used as guidance for 
decommissioning.

Discussion

    The following table provides a summary of: (1) The guidance 
provided in each volume of NUREG-1757; (2) licensees to which the 
guidance applies; and (3) licensee submittals to which the guidance 
applies.

[[Page 54504]]



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                                               Licensees to which the guidance  Licensee submittals to which the
  Volume                 Subject                           applies                      guidance applies
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        1   Decommissioning Process for       Fuel cycle, fuel storage, and     Decommissioning license
             Materials Licensees.              materials licensees.              amendment requests,
                                                                                 decommissioning plans, and
                                                                                 related compliance documents.
        2   Characterization, Survey, and     All licensees that must           Decommissioning license
             Determination of Radiological     terminate licenses under the      amendment requests,
             Criteria.                         LTR (fuel cycle, fuel storage,    decommissioning plans, license
                                               materials, and reactor            termination plans, and related
                                               licensees).                       compliance documents.
       3.   Financial Assurance,              Fuel cycle, fuel storage, and     Financial assurance plans and
             Recordkeeping, and Timeliness.    materials licensees.              instruments, recordkeeping
                                                                                 plans, decommissioning license
                                                                                 amendment requests,
                                                                                 decommissioning plans, and
                                                                                 related compliance documents.
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    On September 26, 2002 (67 FR 60706), NRC announced the availability 
of final NUREG-1757, Volume 1, entitled ``Consolidated NMSS 
Decommissioning Guidance: Decommissioning Process for Materials 
Licensees.'' In order to ensure consistency between the volumes of this 
NUREG report and to provide the most recent regulatory guidance 
available, the NRC staff decided that republication of Volume 1, as 
Revision 1, was appropriate. Revision 1 was developed concurrently with 
the finalization of Volumes 2 and 3 of this NUREG report. The major 
changes in Revision 1 include: (1) Revised guidance regarding issuance 
of Federal Register notifications during the decommissioning process; 
(2) removal of example Federal Register notices; (3) guidance on the 
disposition of solid materials; (4) updated guidance regarding staff 
actions to comply with the National Environmental Policy Act; and (5) 
references to the U.S. Environmental Protection Agency/NRC Memorandum 
of Understanding for consultation on decommissioning sites (67 FR 
65375; October 24, 2002). Volume 1, Revision 1 provides guidance for 
developing those parts of a decommissioning plan addressing general 
site description and current radiological conditions; decommissioning 
activities, management, and quality assurance; and modifications to 
decommissioning programs and procedures.
    On September 26, 2002 (67 FR 60707), NRC announced the availability 
and solicited comments on draft NUREG-1757, Volume 2, entitled 
``Consolidated NMSS Decommissioning Guidance: Characterization, Survey, 
and Determination of Radiological Criteria.'' NRC staff reviewed and 
considered the comments and incorporated them, where appropriate, in 
the final Volume 2. Appendix P of the final Volume 2 provides the 
public comments received and the NRC staff response to those comments. 
The final Volume 2 provides guidance for demonstrating compliance with 
the LTR. Specifically, final Volume 2 provides guidance on facility 
radiation surveys, especially final status surveys; dose assessments; 
and demonstrations that residual radioactivity levels are as low as is 
reasonably achievable (ALARA).
    In addition, final Volume 2 provides guidance for identifying and 
accounting for potential dose contributions from partial site releases 
(see Final Rule, ``Releasing Part of a Power Reactor Site or Facility 
for Unrestricted Use Before the NRC Approves the License Termination 
Plan;'' 68 FR 19711; April 22, 2003). Final Volume 2 provides guidance 
on how to account for dose contributions from previously released areas 
to ensure that the entire site, including the previously released 
areas, meets the radiological criteria of the LTR.
    On January 10, 2003 (68 FR 1487), NRC announced the availability 
and solicited comments on draft NUREG-1757, Volume 3, entitled 
``Consolidated NMSS Decommissioning Guidance: Financial Assurance, 
Recordkeeping, and Timeliness.'' NRC staff reviewed and considered the 
comments and incorporated them, where appropriate, in the final Volume 
3. Appendix B of the final Volume 3 provides the public comments 
received and the NRC staff response to those comments. The final Volume 
3 provides guidance for demonstrating compliance with the financial 
assurance, recordkeeping, and timeliness requirements for 
decommissioning materials facilities.
    While NUREG-1757 is intended for use by applicants, licensees, and 
NRC license reviewers, it is also available to other NRC personnel, 
Agreement State staff, and the public. NRC staff will use the policies 
and procedures discussed in NUREG-1757 to evaluate a licensee's 
decommissioning actions, financial assurance and recordkeeping for 
decommissioning, and timeliness in decommissioning.
    NUREG-1757 is not a substitute for regulations, and compliance with 
it is not required. Methods and solutions different from those in 
NUREG-1757 will be acceptable, if they provide a basis for concluding 
that the decommissioning actions are in compliance with the 
Commission's regulations.

Small Business Regulatory Enforcement Fairness Act

    In accordance with the Small Business Regulatory Enforcement 
Fairness Act of 1996, the NRC has determined that this action is not a 
major rule and has verified this determination with the Office of 
Information and Regulatory Affairs, Office of Management and Budget.

    Dated at Rockville, MD, this 11th day of September, 2003.

    For the Nuclear Regulatory Commission.
Daniel M. Gillen,
Chief, Decommissioning Branch, Division of Waste Management, Office of 
Nuclear Material Safety and Safeguards.
[FR Doc. 03-23691 Filed 9-16-03; 8:45 am]
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