| (A) Prepayment. Prepayment is the deposit into an account
segregated from licensee assets and outside the licensee's administrative
control of cash or liquid assets such that the amount of funds would
be sufficient to pay decommissioning costs. Prepayment may be in the
form of a trust, escrow account, government fund, certificate of deposit,
or deposit of government securities.
(B) A surety method, insurance, or other guarantee
method. These methods guarantee that decommissioning costs will be
paid. A surety method may be in the form of a surety bond, letter
of credit, or line of credit. A parent company guarantee of funds
for decommissioning costs based on a financial test may be used if
the guarantee and test are as contained in subsection (jj)(3) of this
section. A parent company guarantee may not be used in combination
with other financial methods to satisfy the requirements of this section.
For commercial corporations that issue bonds, a guarantee of funds
by the applicant or licensee for decommissioning costs based on a
financial test may be used if the guarantee and test are as contained
in subsection (jj)(4) of this section. For commercial companies that
do not issue bonds, a guarantee of funds by the applicant or licensee
for decommissioning costs may be used if the guarantee and test are
as contained in subsection (jj)(5) of this section. For nonprofit
entities, such as colleges, universities, and nonprofit hospitals,
a guarantee of funds by the applicant or licensee may be used if the
guarantee and test are as contained in subsection (jj)(6) of this
section. A guarantee by the applicant or licensee may not be used
in combination with any other financial methods to satisfy the requirements
of this section or in any situation where the applicant or licensee
has a parent company holding majority control of the voting stock
of the company. Any surety method or insurance used to provide financial
assurance for decommissioning shall contain the following conditions.
(i) The surety method or insurance shall be open-ended
or, if written for a specified term, such as five years, shall be
renewed automatically unless 90 days or more before the renewal date,
the issuer notifies the department, the beneficiary, and the licensee
of its intention not to renew. The surety method or insurance shall
also provide that the full face amount be paid to the beneficiary
automatically before the expiration without proof of forfeiture if
the licensee fails to provide a replacement acceptable to the department
within 30 days after receipt of notification of cancellation.
(ii) The surety method or insurance shall be payable
in the State of Texas to the Radiation and Perpetual Care Account.
(iii) The surety method or insurance shall remain in
effect until the department has terminated the license.
(C) An external sinking fund in which deposits are
made at least annually, coupled with a surety method or insurance,
the value of which may decrease by the amount being accumulated in
the sinking fund. An external sinking fund is a fund established and
maintained by setting aside funds periodically in an account segregated
from licensee assets and outside the licensee's administrative control
in which the total amount of funds would be sufficient to pay decommissioning
costs at the time termination of operation is expected. An external
sinking fund may be in the form of a trust, escrow account, government
fund, certificate of deposit, or deposit of government securities.
The surety or insurance provisions shall be in accordance with subparagraph
(B) of this paragraph.
(D) In the case of federal, state, or local government
licensees, a statement of intent containing a cost estimate for decommissioning
or an amount in accordance with paragraph (3) of this subsection,
and indicating that funds for decommissioning will be obtained when
necessary.
(E) When a governmental entity is assuming custody
and ownership of a site, there shall be an arrangement that is deemed
acceptable by such governmental entity.
(7) Each person licensed in accordance with this section
shall make, maintain, and retain records of information important
to the safe and effective decommissioning of the facility in an identified
location for inspection by the department in accordance with subsection
(mm) of this section. If records of relevant information are kept
for other purposes, reference to these records and their locations
may be used. Information the department considers important to decommissioning
consists of the following:
(A) records of spills or other unusual occurrences
involving the spread of contamination in and around the facility,
equipment, or site. These records may be limited to instances when
contamination remains after any cleanup procedures or when there is
reasonable likelihood that contaminants may have spread to inaccessible
areas, as in the case of possible seepage into porous materials such
as concrete. These records shall include any known information on
identification of involved nuclides, quantities, forms, and concentrations;
(B) as-built drawings and modifications of structures
and equipment in restricted areas where radioactive materials are
used or stored, and of locations of possible inaccessible contamination
such as buried pipes that may be subject to contamination. If required
drawings are referenced, each relevant document need not be indexed
individually. If drawings are not available, the licensee shall substitute
appropriate records of available information concerning these areas
and locations;
(C) except for areas containing only sealed sources
(provided the sealed sources have not leaked or no contamination remains
after any leak) or byproduct materials having only half-lives of less
than 65 days, a list contained in a single document and updated every
two years, of the following:
(i) all areas designated and formerly designated as
restricted areas as defined in §289.201(b) of this title;
(ii) all areas outside of restricted areas that require
documentation under subparagraph (A) of this paragraph;
(iii) all areas outside of restricted areas that contain
material such that, if the license expired, the licensee would be
required to either decontaminate the area to meet the criteria for
decommissioning in §289.202(ddd) of this title, or meet the requirements
for approval of disposal under §289.202(ff) - (kk) of this title;
and
(D) records of the cost estimate performed for the
decommissioning funding plan or of the amount certified for decommissioning,
and records of the funding method used for assuring funds.
(8) Any licensee who has submitted an application before
January 1, 1995, for renewal of license in accordance with this section
shall provide financial assurance for decommissioning in accordance
with paragraphs (1) and (2) of this subsection.
(hh) Emergency plan for responding to a release.
(1) A new or renewal application for each specific
license to possess radioactive materials in unsealed form, on foils
or plated sources, or sealed in glass in excess of the quantities
in subsection (jj)(7) of this section shall contain either:
(A) an evaluation showing that the maximum dose to
a person offsite due to a release of radioactive material would not
exceed 1 rem effective dose equivalent or 5 rems to the thyroid; or
(B) an emergency plan for responding to a release of
radioactive material.
(2) One or more of the following factors may be used
to support an evaluation submitted in accordance with paragraph (1)(A)
of this subsection:
(A) the radioactive material is physically separated
so that only a portion could be involved in an accident;
(B) all or part of the radioactive material is not
subject to release during an accident because of the way it is stored
or packaged;
(C) the release fraction in the respirable size range
would be lower than the release fraction in subsection (jj)(7) of
this section due to the chemical or physical form of the material;
(D) the solubility of the radioactive material would
reduce the dose received;
(E) facility design or engineered safety features in
the facility would cause the release fraction to be lower than that
in subsection (jj)(7) of this section;
(F) operating restrictions or procedures would prevent
a release fraction as large as that in subsection (jj)(7) of this
section; or
(G) other factors appropriate for the specific facility.
(3) An emergency plan for responding to a release of
radioactive material submitted in accordance with paragraph (1)(B)
of this subsection shall include the following information.
(A) Facility description. A brief description of the
licensee's facility and area near the site.
(B) Types of accidents. An identification of each type
of radioactive materials accident for which protective actions may
be needed.
(C) Classification of accidents. A classification system
for classifying accidents as alerts or site area emergencies.
Cont'd... |
