[Code of Federal Regulations]
[Title 10, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR20.1404]

[Page 339-340]
 
                            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. 20.1404  Alternate criteria for license termination.

    (a) The Commission may terminate a license using alternate criteria 
greater than the dose criterion of Secs. 20.1402, 20.1403(b), and 
20.1403(d)(1)(i)(A), if the licensee--
    (1) Provides assurance that public health and safety would continue 
to be protected, and that it is unlikely that the dose from all man-made 
sources combined, other than medical, would be more than the 1 mSv/y 
(100 mrem/y) limit of subpart D, by submitting an analysis of possible 
sources of exposure;
    (2) Has employed to the extent practical restrictions on site use 
according to the provisions of Sec. 20.1403 in minimizing exposures at 
the site; and
    (3) Reduces doses to ALARA levels, taking into consideration any 
detriments such as traffic accidents expected to potentially result from 
decontamination and waste disposal.
    (4) 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 
proposes to decommission by use of alternate criteria. The licensee 
shall document in the decommissioning plan or LTP how the advice of 
individuals and institutions in the

[[Page 340]]

community who may be affected by the decommissioning has been sought and 
addressed, as appropriate, following analysis of that advice. In seeking 
such advice, 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 and disagreement 
on the issues.
    (b) The use of alternate criteria to terminate a license requires 
the approval of the Commission after consideration of the NRC staff's 
recommendations that will address any comments provided by the 
Environmental Protection Agency and any public comments submitted 
pursuant to Sec. 20.1405.