Nev. Admin. Code § 459.200 - Expiration and termination of specific licenses; notification of Division before certain events; decommissioning
1. Except as
otherwise provided in subsections 2, 3 and 4, a specific license expires at the
end of the day on the date of expiration set forth on the license.
2. A specific license for which a licensee
has, not less than 30 days before the date of expiration set forth on the
license, filed an application for renewal pursuant to NAC
459.202 remains effective until
the Division makes a final decision on the application, and the license
application will be considered timely. If the decision is to deny the
application for renewal, the license expires on the date of the decision or, if
the Division specifies a date of expiration in the decision to deny the
application for renewal, on the date specified.
3. If the renewal application for a specific
license is not received at least 30 days before the date of expiration set
forth on the license, the licensee shall:
(a)
Pay an expedited review fee of twice the annual fee set forth in NAC
459.310, which, upon submittal,
grants the licensee an administrative authorization for the license to remain
effective until the Division makes an expedited decision on the application;
or
(b) Stop all operations on the
expiration date of the license until the Division makes a decision on the
application or issues a renewed license.
4. A specific license revoked by the Division
expires on the date of the decision of the Division to revoke the license or on
the date specified in the decision of the Division to revoke the
license.
5. A specific license
continues in effect with respect to the possession of radioactive material
until the Division notifies the licensee in writing that the license is
terminated. During the time the specific license continues in effect, the
licensee shall:
(a) Limit actions involving
radioactive material to those related to decommissioning; and
(b) Continue to control entry to restricted
areas until they are suitable for release so that there is no undue hazard to
public health and safety.
6. Except as otherwise provided in subsection
8, a licensee shall notify the Division in writing within 60 days before:
(a) The decision of the licensee to cease
permanently its principal activities at the entire site or in a separate
building or outdoor area that contains residual radioactivity if the building
or outdoor area is unsuitable for release because of an undue hazard to public
health and safety;
(b) The end of a
24-month period in which no principal activities have been conducted pursuant
to the license; or
(c) The end of a
24-month period in which no principal activities have been conducted in a
separate building or outdoor area that contains residual radioactivity and the
building or outdoor area is unsuitable for release because of an undue hazard
to public health and safety.
7. Coincident with the notification required
by subsection 6, the licensee shall maintain in effect all financial assurances
for decommissioning established by the licensee pursuant to NAC
459.1955 in conjunction with the
issuance or renewal of a license as required by this section. The amount of the
financial assurance must be increased, or may be decreased, as appropriate, to
meet the detailed cost estimate for decommissioning. After the Division
approves the plan for decommissioning, a licensee may reduce the amount of the
financial assurance as decommissioning proceeds and radiological contamination
is reduced at the site with the approval of the Division.
8. The Division may grant a request to extend
the period during which notification is required pursuant to subsection 6 if
the Division determines that such an extension is not detrimental to the public
health and safety and is otherwise in the public interest. The request must be
submitted not later than 30 days before notification is required pursuant to
subsection 6. The schedule for decommissioning may not commence until the
Division has made a determination on the request.
9. A plan for decommissioning must be
submitted to the Division by the licensee if it is required by a condition of
the license or if the procedures for decommissioning have not been approved by
the Division and these procedures could increase the potential impacts on the
health and safety of workers or the public, including, without limitation, if:
(a) The procedures involve techniques not
applied routinely during cleanup or maintenance operations;
(b) The workers would be entering areas not
normally occupied where surface contamination and radiation levels are
significantly higher than routinely encountered during normal
operations;
(c) The procedures
could result in a significantly greater airborne concentration of radioactive
materials than is present during normal operations; or
(d) The procedures could result in a
significantly greater release of radioactive material to the environment than
that associated with normal operations.
Such procedures may not be carried out by the licensee without being approved by the Division before they commence.
10. A
proposed plan for decommissioning will be approved by the Division if
decommissioning will be completed as soon as practical, the health and safety
of the workers and the public will be protected and the proposed plan for
decommissioning includes:
(a) A description
of the conditions of the site, separate building or outdoor area sufficient to
evaluate the acceptability of the plan;
(b) A description of the decommissioning
activities;
(c) A description of
the methods that will be used to ensure the protection of workers and the
environment against radiation hazards during decommissioning;
(d) A description of the planned final
radiation survey;
(e) An updated
and detailed cost estimate for decommissioning, comparison of that estimate
with the money set aside for decommissioning and a plan for ensuring the
availability of adequate money for completion of decommissioning; and
(f) For a plan for decommissioning in which
completion of decommissioning will be later than 24 months after approval of
the plan, a justification for the delay based on the criteria set forth in
subsection 13.
11. A
licensee shall begin decommissioning of the site within 60 days after the plan
for decommissioning is approved by the Division.
12. Except as otherwise provided in
subsection 13, a licensee:
(a) Shall complete
decommissioning of the site, separate building or outdoor area as soon as
practicable, but not later than 24 months after decommissioning
begins.
(b) Must, if
decommissioning involves an entire site, request termination of the license as
soon as practicable, but not later than 24 months after decommissioning
begins.
13. The Division
may approve a request by the licensee for an extension of the period allowed
for decommissioning or termination of a license if the Division determines that
such an extension is necessary because:
(a) It
is not technically feasible to complete decommissioning within 24
months;
(b) There is not sufficient
capacity for waste disposal to allow completion of decommissioning within 24
months;
(c) A significant reduction
in the volume of wastes requiring disposal will be achieved by allowing
short-lived radionuclides to decay;
(d) A significant reduction in radiation
exposure to workers can be achieved by allowing short-lived radionuclides to
decay; or
(e) There are other
site-specific factors that make decommissioning within 24 months undesirable or
unfeasible, including, without limitation, the regulatory requirements of other
government agencies, lawsuits, activities involving the treatment of
groundwater, monitored restoration of natural groundwater, actions that could
result in more environmental harm than deferred cleanup and other factors
beyond the control of the licensee.
14. As the final step in decommissioning, the
licensee shall certify the disposition of all licensed material, including,
without limitation, accumulated wastes, by submitting to the Division a
completed NRC Form 314 or information that is equivalent to that contained in
the completed form and:
(a) Demonstrate that
the premises where the licensed activities were carried out satisfy the
criteria for decommissioning set forth in NAC
459.316 to
459.3184, inclusive; or
(b) Conduct a radiation survey of the
premises and submit to the Division a report of the results of this survey. The
radiation survey must demonstrate that the premises are suitable for release
and include:
(1) A description of the levels
of gamma radiation in units of millirem (millisievert) per hour at 1 meter from
surfaces;
(2) A description of the
levels of radioactivity, including, without limitation, alpha and beta
radiation, in units of:
(I) Microcuries
(megabecquerels) per 100 square centimeters, removable and fixed, for
surfaces;
(II) Microcuries
(megabecquerels) per milliliter for water; and
(III) Picocuries (becquerels) per gram for
solids, including, without limitation, soils and concrete; and
(3) A description of the survey
instruments used and a statement that each instrument was properly calibrated
and tested. The statement must be certified by the person who calibrated and
tested the instrument.
15. A specific license, including an expired
license, will be terminated by written notice to the licensee that the Division
has determined that:
(a) All radioactive
material has been disposed of properly;
(b) Reasonable effort has been made by the
licensee to eliminate residual radioactive contamination, if present;
(c) All records required to be maintained
pursuant to subsection 13 of NAC
459.1955 have been received by
the Division; and
Notes
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