Or. Admin. Code § 345-026-0370 - ISFSI Decommissioning Plan

(1) The certificate holder must submit a final plan for decommissioning the ISFSI to the Department for Council approval. The plan must be submitted to the Council in a form and in a schedule consistent with that required by the U.S. Nuclear Regulatory Commission. When the Department receives a decommissioning plan, the Department must:

(a) Issue notice to the Council's mailing list that the decommissioning plan has been submitted. The notice must include:

(A) The time and place of at least one informational hearing;

(B) The locations where copies of the proposed plan may be reviewed by the public; and

(C) A contact name for further information.

(b) Perform a technical review, and produce a staff report containing the Department's technical conclusions and recommendations on specific issues raised in the proposed plan;

(c) To the extent practicable, coordinate its technical review with that of the U.S. Nuclear Regulatory Commission;

(d) Issue notice of availability of the Department report to the Council mailing list. The notice must include:

(A) A summary of the Department's recommendations;

(B) Time and place of a hearing on the staff report;

(C) Places where the Department's staff report may be reviewed by the public; and

(D) A contact for additional information and copies of the staff report.

(2) The Council must review the proposed decommissioning plan to verify that the proposed activities will not adversely affect the health and safety of the public or the environment. The Council will ensure the following when evaluating acceptability of a proposed decommissioning plan:

(a) The plan contains the radiological criteria for unrestricted release and use of the site as set forth in 10 CFR 20.1402.

(b) The plan contains provisions that require removal from the site of all radioactive waste as defined in ORS 469.300 on a schedule acceptable to the Council.

(c) The plan contains a program for radiological monitoring to ensure the environment is not being adversely affected. This program may be incorporated by reference if it has previously been approved by the Department.

(d) The plan contains provisions for removal or control of hazardous waste that are consistent with applicable federal and state regulations.

(3) The certificate holder must include in the plan an estimate of funding necessary for implementation. The Council must determine whether provisions for funding are adequate to implement the plan.

(4) The certificate holder must not implement significant revisions to the decommissioning plan unless the Council has reviewed and approved the revisions. A revision is significant if it involves one of the following items:

(a) The potential to prevent the release of the site for unrestricted use;

(b) A change in the criteria for site release;

(c) A departure in the methodology for determining background radiation levels to a method not generally accepted by the industry;

(d) A change in the provisions made for hazardous or radioactive waste material removal;

(e) A change in the types or increase in the amounts of any effluents that may be released offsite; or

(f) An increase in radiological or hazardous material exposure to site workers or to members of the public, including exposure due to transport of radioactive or hazardous material.

(5) The certificate holder must evaluate revisions to the decommissioning plan by the criteria listed in section (4) of this rule. The certificate holder must maintain records of all changes and associated evaluations for audit by the Department. The certificate holder must notify the Department of revisions to the plan that are not significant within 30 days after implementation of the revision. The Department must promptly notify the Council of such revisions at a regularly scheduled meeting.

(6) Changes to the decommissioning plan that are mandated by the federal government may be implemented without prior Council approval.

Notes

Or. Admin. Code § 345-026-0370

EFSC 3-1994, f. &cert. ef. 6-28-94; EFSC 4-1994, f. &cert. ef. 11-22-94; EFSC 5-1994, f. & cert. ef. 11-30-94; EFSC 3-1995, f. & cert. ef. 11-16-95; Administrative Reformatting 12-11-97; EFSC 4-1998, f. & cert. ef. 10-26-98; EFSC 2-1999, f. & cert. ef. 4-14-99; EFSC 2-2000, f. & cert. ef. 11-20-00; EFSC 1-2005, f. & cert. ef. 5-23-05; EFSC 3-2021, amend filed 12/17/2021, effective 12/17/2021

Publications: Publications referenced are available from the agency.

Statutory/Other Authority: ORS 469.470

Statutes/Other Implemented: ORS 469.410 & 469.501