[Code of Federal Regulations]
[Title 10, Volume 1]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR20.1403]

[Page 322-324]
 
                            TITLE 10--ENERGY
 
                CHAPTER I--NUCLEAR REGULATORY COMMISSION
 
PART 20--STANDARDS FOR PROTECTION AGAINST RADIATION--Table of Contents
 
        Subpart E--Radiological Criteria for License Termination
 
Sec. 20.1403  Criteria for license termination under restricted conditions.

    A site will be considered acceptable for license termination under 
restricted conditions if:
    (a) The licensee can demonstrate that further reductions in residual 
radioactivity necessary to comply with the provisions of Sec. 20.1402 
would result in net public or environmental harm or were not being made 
because the residual levels associated with restricted conditions are 
ALARA. Determination of the levels which are ALARA must take into 
account consideration of any detriments, such as traffic accidents, 
expected to potentially result from decontamination and waste disposal;
    (b) The licensee has made provisions for legally enforceable 
institutional controls that provide reasonable assurance that the TEDE 
from residual radioactivity distinguishable from background to the 
average member of the

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critical group will not exceed 25 mrem (0.25 mSv) per year;
    (c) The licensee has provided sufficient financial assurance to 
enable an independent third party, including a governmental custodian of 
a site, to assume and carry out responsibilities for any necessary 
control and maintenance of the site. Acceptable financial assurance 
mechanisms are--
    (1) Funds placed into an account segregated from the licensee's 
assets and outside the licensee's administrative control as described in 
Sec. 30.35(f)(1) of this chapter;
    (2) Surety method, insurance, or other guarantee method as described 
in Sec. 30.35(f)(2) of this chapter;
    (3) A statement of intent in the case of Federal, State, or local 
Government licensees, as described in Sec. 30.35(f)(4) of this chapter; 
or
    (4) When a government entity is assuming custody and ownership of a 
site, an arrangement that is deemed acceptable by such governmental 
entity.
    (d) The licensee has submitted a decommissioning plan or License 
Termination Plan (LTP) to the Commission indicating the licensee's 
intent to decommission in accordance with Secs. 30.36(d), 40.42(d), 
50.82 (a) and (b), 70.38(d), or 72.54 of this chapter, and specifying 
that the licensee intends to decommission by restricting use of the 
site. The licensee shall document in the LTP or decommissioning plan how 
the advice of individuals and institutions in the community who may be 
affected by the decommissioning has been sought and incorporated, as 
appropriate, following analysis of that advice.
    (1) Licensees proposing to decommission by restricting use of the 
site shall seek advice from such affected parties regarding the 
following matters concerning the proposed decommissioning--
    (i) Whether provisions for institutional controls proposed by the 
licensee:
    (A) Will provide reasonable assurance that the TEDE from residual 
radioactivity distinguishable from background to the average member of 
the critical group will not exceed 25 mrem (0.25 mSv) TEDE per year;
    (B) Will be enforceable; and
    (C) Will not impose undue burdens on the local community or other 
affected parties.
    (ii) Whether the licensee has provided sufficient financial 
assurance to enable an independent third party, including a governmental 
custodian of a site, to assume and carry out responsibilities for any 
necessary control and maintenance of the site;
    (2) In seeking advice on the issues identified in 
Sec. 20.1403(d)(1), the licensee shall provide for:
    (i)Participation by representatives of a broad cross section of 
community interests who may be affected by the decommissioning;
    (ii) An opportunity for a comprehensive, collective discussion on 
the issues by the participants represented; and
    (iii) A publicly available summary of the results of all such 
discussions, including a description of the individual viewpoints of the 
participants on the issues and the extent of agreement or disagreement 
among the participants on the issues; and
    (e) Residual radioactivity at the site has been reduced so that if 
the institutional controls were no longer in effect, there is reasonable 
assurance that the TEDE from residual radioactivity distinguishable from 
background to the average member of the critical group is as low as 
reasonably achievable and would not exceed either--
    (1) 100 mrem (1 mSv) per year; or
    (2) 500 mrem (5 mSv) per year provided that the licensee--
    (i) Demonstrates that further reductions in residual radioactivity 
necessary to comply with the 100 mrem/y (1 mSv/y) value of paragraph 
(e)(1) of this section are not technically achievable, would be 
prohibitively expensive, or would result in net public or environmental 
harm;
    (ii) Makes provisions for durable institutional controls;
    (iii) Provides sufficient financial assurance to enable a 
responsible government entity or independent third party, including a 
governmental custodian of a site, both to carry out periodic rechecks of 
the site no less frequently than every 5 years to assure that the 
institutional controls remain

[[Page 324]]

in place as necessary to meet the criteria of Sec. 20.1403(b) and to 
assume and carry out responsibilities for any necessary control and 
maintenance of those controls. Acceptable financial assurance mechanisms 
are those in paragraph (c) of this section.