NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION 

 Office of Public Affairs Telephone: 301/415-8200

 Washington, DC 20555-0001 E-mail: opa@nrc.gov 

 Web Site: www.nrc.gov

No. 02-113 September 27, 2002

NRC PROPOSES CHANGES TO REGULATIONS

ON DECOMMISSIONING FUNDING

The Nuclear Regulatory Commission is proposing to amend its regulations to require certain

licensees using substantial quantities of nuclear materials to increase funding for decommissioning costs

after their facility shuts down permanently. The changes would bring the amount of money that would

be available more in line with current decommissioning costs and provide adequate assurance that

timely decommissioning can be carried out following shutdown of a licensed facility.

The changes would affect materials licensees, but not nuclear power plants, which are covered

by separate regulations.

The NRC estimates that this additional financial assurance for decommissioning would cost all

affected licensees approximately $1.2 million per year, and would provide approximately $80 million

in total additional funds for decommissioning. 

The amount of financial assurance that nuclear materials licensees must provide can be based on

either a facility-specific decommissioning cost estimate provided by the licensee in a decommissioning

funding plan or on dollar amounts specified in the regulations. The current amounts specified in the

regulations are based on decommissioning cost estimates that are about 15 years old. Studies done for

the NRC show that decommissioning costs have increased substantially. The agency is therefore

proposing to raise all specified amounts by 50 percent.

Other changes in the proposed rule include:

-- All nuclear waste broker licensees would have to provide financial assurance. (There is

no established definition of a waste broker, but it generally refers to any licensee that

engages in waste collection and consolidation; waste storage; waste processing,

repackaging or other treatment; or transfer to another waste broker or to a licensed lowlevel radioactive waste disposal facility.) Currently, only about half of the 15 NRC

waste broker licensees are required to have financial assurance. 

-- Large irradiator licensees (who primarily use nuclear materials for the sterilization of

medical equipment and food products) and nuclear waste brokers would not be allowed
to use the specific amounts in the regulations as a basis for financial assurance for

decommissioning, and would have to base their funding on site-specific

decommissioning cost estimates.

-- Decommissioning cost estimates would have to be updated at least every three years.

Under the current rules, with no change in the proposed rule, the financial assurance may be

provided by prepayment; a surety (in the form of a bond, letter of credit or line of credit), insurance or

other guarantee method (such as a parent company guarantee if that company meets certain financial

tests); an external sinking fund in which deposits are made at least annually, coupled with a surety

method or insurance; or, for federal, state or local government licensees, a statement of intent indicating

that funds will be obtained when necessary.

Interested persons are invited to submit comments on the proposed rule within 75 days of a

Federal Register notice on this subject, expected shortly. They should be submitted to the Secretary,

U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, Attention: Rulemakings and

Adjudications Staff. They may also be submitted electronically via the NRC’s interactive rulemaking

website at http://ruleforum.llnl.gov .

###