Nev. Admin. Code § 459.318 - Property of decommissioned facility: Eligibility for release for restricted use
1. The property of a decommissioned facility
that is not eligible for release for unrestricted use is eligible for release
for restricted use if the licensee:
(a)
Demonstrates that further reductions in residual radioactivity necessary to
comply with NAC
459.3178:
(1) Would result in net increase in harm to
the public or environment; or
(2)
Were not being made because the levels of residual radioactivity associated
with restricted conditions are as low as is reasonably achievable. In
determining whether those levels are as low as is reasonably achievable, the
licensee shall consider any detriments, including, without limitation, traffic
crashes, expected to potentially result from decontamination and waste
disposal.
(b)
Establishes that the licensee has provided for institutional controls that:
(1) Are legally enforceable;
(2) Provide reasonable assurance that the
average member of the critical group will receive a total effective dose
equivalent from residual radioactivity at the site distinguishable from
background radiation that does not exceed 25 millirem (0.25 millisievert) per
year; and
(3) Will not impose an
undue burden on the community to be affected by the decommissioning or any
person or institution therein.
(c) Provides, by a method set forth in
subsection 4, sufficient financial assurance to enable a third party, including
a governmental custodian of the site, to assume and carry out responsibilities
for any necessary control and maintenance of the site.
(d) Submits to the Division a decommissioning
plan that:
(1) Declares the intent of the
licensee to decommission in accordance with NAC
459.1955;
(2) Specifies that the licensee intends to
decommission by restricting the use of the site; and
(3) Documents how the advice of persons and
institutions in the community that may be affected by the decommissioning has
been sought, analyzed and, if appropriate, incorporated into the
decommissioning plan.
(e) Provides reasonable assurance that the
residual radioactivity at the site distinguished from background radiation has
been reduced to levels such that, even in the absence of the institutional
controls required by paragraph (b), the average member of the critical group
will receive a total effective dose equivalent, from residual radioactivity at
the site distinguishable from background radiation, that:
(1) Is as low as is reasonably achievable;
and
(2) Except as otherwise
provided in subsection 2, does not exceed 100 millirem (1 millisievert) per
year.
2. A
licensee may satisfy the requirements of subparagraph (2) of paragraph (e) of
subsection 1 if the licensee:
(a) Provides
reasonable assurance that the average member of the critical group will receive
a total effective dose equivalent, from residual radioactivity at the site
distinguishable from background radiation, that does not exceed 500 millirem (5
millisieverts) per year;
(b)
Demonstrates that reducing residual radioactivity to the level necessary to
comply with the 100 millirem (1 millisievert) requirement of subparagraph (2)
of paragraph (e) of subsection 1 is not technically feasible, would be
prohibitively expensive, or would likely result in net harm to the public or
environment;
(c) Makes provisions
for durable institutional controls; and
(d) Provides, by a mechanism set forth in
subsection 4, sufficient financial assurance to enable a third party, including
a governmental custodian of the site:
(1) To
carry out periodic rechecks of the site not less frequently than every 5 years
to ensure that the institutional controls remain in place as necessary to meet
the criteria of paragraph (b) of subsection 1; and
(2) To assume and carry out responsibility
for any necessary control and maintenance of those controls.
3. Before a licensee
may submit to the Division a decommissioning plan pursuant to subsection 1, the
licensee must seek advice from natural persons and institutions in the
community who may be affected by the decommissioning concerning whether the
licensee's proposed plan of decommissioning satisfies each of the requirements
of paragraphs (b) and (c) of subsection 1.
4. A licensee, to satisfy the requirements of
this section relating to the provision of financial assurance, may use any of
the following methods:
(a) The deposit of an
amount of money in cash or liquid assets into a trust that is segregated from
the assets of the licensee and outside the administrative control of the
licensee;
(b) If the licensee is a
federal, state or local governmental entity, a statement of intent as described
in paragraph (d) of subsection 12 of NAC
459.1955; or
(c) If a federal, state or local governmental
entity is assuming custody and ownership of the site, any arrangement or
mechanism for financial assurance that the governmental entity determines is
adequate.
5. In
assessing the adequacy of the amount of money in a trust described in paragraph
(a) of subsection 4, the Division shall assume an annual real rate of return on
investment of 1 percent.
6. As used
in this section, "real rate of return" means the rate of return after adjusting
the rate of return for inflation.
Notes
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