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 105 CMR 120.245 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 deaths from transportation 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 TEDE from residual radioactivity distinguishable from background to the average member of the critical group will not exceed 0.10 mSv (10 mrem) 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 a trust segregated from the licensee’s assets and outside the licensee’s administrative control, and in which the adequacy of the trust funds is to be assessed based on an assumed annual 1% real rate of return on investment; (2) A statement of intent in the case of State, or local Government licensees, as described in 105 CMR 120.125(C)(7)(d); or (3) When a governmental 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 Agency indicating the licensee’s intent to decommission in accordance with 105 CMR 120.132(D), 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: (a) Whether provisions for institutional controls proposed by the licensee: 1. Will provide reasonable assurance that the TEDE from residual radioactivity distinguishable from background to the average member of the critical group will not exceed 0.10 mSv (10 mrem) TEDE per year; 2. Will be enforceable; and 3. Will not impose undue burdens on the local community or other affected parties. (b) Whether the licensee has provided sufficient financial assurance to enable a 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 105 CMR 120.246D(1), the licensee shall provide for: (a) Participation by representatives of a broad cross section of community interests who may be affected by the decommissioning; (b) An opportunity for a comprehensive, collective discussion on the issues by the participants represented; and (c) 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 among the participants on the issues. (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) 1mSv (100 mrem) per year; or (2) 5mSv (500 mrem) per year provided the licensee: (a) Demonstrates that further reductions in residual radioactivity necessary to comply with the one mSv/yr (100 mrem/yr) value of 105 CMR 120.246(E)(1) are not technically achievable, would be prohibitively expensive, or would result in net public or environmental harm; (b) Makes provisions for durable institutional controls; (c) 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 three years to assure that the institutional controls remain in place as necessary to meet the criteria of 105 CMR 120.246(B) and to assume and carry out responsibilities for any necessary control and maintenance of those controls. Acceptable financial assurance mechanisms are those in 105 CMR 120.246(C).