POLICY ISSUE

(Information) 

November 30, 2007 SECY-07-0209

FOR: The Commissioners 

FROM: Luis A. Reyes 

 Executive Director for Operations /RA/ 

SUBJECT: STATUS OF DECOMMISSIONING PROGRAM—2007 ANNUAL 

REPORT 

PURPOSE: 

This Commission paper provides the Commission with the staff’s 2007 Annual Report on the 

Status of the Decommissioning Program, the highlights of key decommissioning 

accomplishments in fiscal year (FY) 2007, as well as an outlook of activities for FY 2008. This 

paper does not address any new commitments or resource implications. 

 

BACKGROUND: 

In the staff requirements memorandum to SECY-04-0024, “Recommended Changes to NRC’s 

Decommissioning Program and Annual Decommissioning Program Report,” dated March 12, 

2004, the Commission approved several changes to the annual decommissioning report, 

including the publication of the annual report as a NUREG every 2 years. The Commission 

directed the staff to publish the report in odd-numbered years as a shortened report to the 

Commission, with reference to the decommissioning Web site. 

Enclosed is an Operational Effectiveness Chart (Enclosure 1), which details a nine year trend of 

site completions from the Decommissioning Program. Enclosure 2, the 2007 Annual Report on 

the Status of the Decommissioning Program, provides a comprehensive summary of the 

Decommissioning Program of the U.S. Nuclear Regulatory Commission (NRC). The report 

summarizes the status of all sites undergoing decommissioning activities since the last report, 

CONTACTS: Richard Chang, FSME/DWMEP 

 (301) 415-7188 

 Giorgio Gnugnoli, FSME/DWMEP 

 (301) 415-7432
The Commissioners 2 

through September 30, 2007, including the decommissioning of complex materials sites, 

commercial reactors, research and test reactors, uranium recovery facilities, and fuel cycle 

facilities. The report also discusses highlights in the Decommissioning Program since last 

year’s report (NUREG-1814, “Status of the Decommissioning Program—2006 Annual Report,” 

Revision 1, issued February 2007), and it informs the Commission of decommissioning issues 

that the staff will address in the coming year. 

DISCUSSION: 

Summary of Status Update for FY 2007

Decommissioning activities were completed at 11 sites in FY 2007: two reactors (Big Rock 

Point and Yankee Rowe); three research and test reactors (Cornell-TRIGA, Cornell-ZPR, and 

University of Washington); and six complex materials sites (Eglin Air Force Base, Kaiser 

Aluminum, Pathfinder Atomic Plant, Royersford Wastewater Treatment facility, S.C. Holdings 

Inc., and Westinghouse Electric-Churchill). This yields a 2-year total of 19 sites that have 

completed decommissioning activities. 

In addition, substantial progress was made at several complex materials sites (ABB Prospects, 

Inc., Mallinckrodt Chemical, Inc., Salmon River, and West Valley) that have languished over the 

past years. Specifically, the staff worked with the U.S. Army Corps of Engineers (USACE) to 

create an interagency protocol for the cleanup of contaminated areas at the ABB Prospects, 

Inc., site. At Mallinckrodt Chemical, Inc., the staff is working with the licensee and the USACE 

to pursue the cleanup of Formerly Utilized Sites Remedial Action Program waste and licensed 

waste. Additionally, the staff worked with the U.S. Environmental Protection Agency to secure 

decommissioning funding for the Salmon River site. Finally, to resolve issues at the West 

Valley Demonstration Project, a core team comprised of representatives from different agencies 

was created to resolve technical issues for the development of a draft environmental impact 

statement for the site. The core team has developed an approach for implementing phased 

decommissioning. These activities represent significant progress towards the completion of 

decommissioning at these complex sites. 

The total number of sites undergoing decommissioning in Agreement States has increased from 

the 48 reported in NUREG-1814, “Status of the Decommissioning Program—2006 Annual 

Report,” Revision 1, to 58 in the current annual report. This increase is mainly a result of 

improved reporting and implementation of the Naturally-Occurring and Accelerator-Produced 

Radioactive Material (NARM) rulemaking. This data was obtained by working closely with the 

Agreement States to get more detailed information about the complex materials sites and 

uranium recovery sites undergoing decommissioning regulated by the Agreement States. 

Finally, the Office of Management and Budget and the NRC completed a Program Assessment 

Rating Tool (PART) review in FY 2007 of the Decommissioning and Low-Level Waste Program. 

The primary focus of PART is on demonstrating program improvements. PART also establishes 

accountability for program performance. The scope of the PART review for the 

Decommissioning and Low-Level Waste Program included the NRC’s regulatory activities for 

the decommissioning of power reactors, test and research reactors, complex materials sites, 

uranium recovery sites and Low-Level Waste. The Decommissioning and Low-Level Waste 

Program was rated “effective” under the PART evaluation. 
The Commissioners 3 

FY 2008 Outlook 

As noted below, several new events/initiatives are planned for FY 2008. These include: the 

Comprehensive Decommissioning Program; inclusion of sites contaminated with discrete 

sources of NARM in the Decommissioning Program; working with the Department of Defense 

on sites contaminated with depleted uranium (DU); and the prevention of future legacy sites. 

• The Comprehensive Decommissioning Program will allow the NRC to compile, in a 

centralized and accessible location, more complete information on the status of 

decommissioning and decontamination of complex materials and uranium recovery sites 

in the United States – sites regulated by NRC or the Agreement States – in order to 

provide a national perspective on decommissioning. This will play an important role in 

the prevention of future legacy sites. 

 

• The staff anticipates that Pennsylvania will become an Agreement State in FY 2008. 

Consequently, the staff is holding quarterly conference calls with the Pennsylvania 

Department of Environmental Protection (PADEP) to discuss the status at complex sites. 

Additionally, the staff invites PADEP to observe NRC inspections. When Pennsylvania 

becomes an Agreement State, the NRC may transfer as many as seven complex 

materials sites to the State. 

• The Energy Policy Act of 2005 expanded NRC regulatory authority over certain 

accelerator-produced radioactive materials, discrete sources of radium, and discrete 

sources of naturally-occurring radioactive materials. The staff will be working to 

implement the final NARM rule in FY 2008 to address the decommissioning of facilities 

contaminated with discrete sources of radium. 

• The Department of Army has recently identified DU contamination at two Army bases 

from the use of DU munitions in the 1960s (Schofield Army Barracks, Hawaii and Fort 

Hood, Texas). These locations are not currently licensed by the NRC. The Army has 

also indicated that as many as seven additional locations have been identified at other 

Army bases, which will be further investigated. During the upcoming year, the staff will 

be working with the Army to determine the need for licensing the contaminated sites 

and, if necessary, plans for future remediation. 

As the decommissioning program matures, the staff is redefining the program’s role to focus on 

preventing future sites that are unable to complete decommissioning. In this regard, the staff 

prepared SECY-07-0177, “Proposed Rule: Decommissioning Planning (10 CFR Parts 20, 30, 

40, 50, 70 and 72: RIN: 3150-AH45),” dated October 3, 2007, which is a two-pronged 

approach consisting of financial assurance and monitoring. The first revises the requirements of 

Title 10 of the Code of Federal Regulations (CFR) Parts 30, 40, 70, and 72 to strengthen 

financial assurance. The second revises 10 CFR 20.1406 to require existing licensees to 

minimize contamination and perform monitoring, if necessary. Additionally, the staff is working 

to improve broad-scope licensees’ understanding of the Decommissioning Timeliness Rule and 

associated decommissioning-related regulations and on guidance to help prevent future legacy 

sites. 
The Commissioners 4 

A significant reduction in active NRC decommissioning sites is expected after FY 2010 due to 

successes in decommissioning of sites, many States becoming Agreement States, and the 

reduction in nuclear reactors and research and test reactors entering into decommissioning. In 

FY 2008, the staff will evaluate the resource impacts of this reduction in sites, as well as the 

increasing number of uranium recovery licensing activities (uranium recovery is also managed 

under the Decommissioning and Low-Level Waste Tier II Program). Given that the technical 

disciplines of health physics, hydrology, and performance assessment are common to both the 

regulation of decommissioning sites and uranium recovery, the staff intends to begin to modify 

its staffing strategy to accommodate the trends in decommissioning and uranium recovery. 

 

CONCLUSION:

The staff plans to continue its close oversight of the decommissioning of nuclear power 

reactors, research and test reactors, complex materials sites, and uranium recovery facilities. In 

addition, the staff plans to develop programmatic activities that will aid in the protection of public 

health and safety, as well as the prevention of future legacy sites, while ensuring the efficient 

and effective use of resources. 

Site summaries for all decommissioning sites are accessible to the Commission and the public 

through the NRC’s Decommissioning Web site (http://www.nrc.gov/aboutnrc/regulatory/decommissioning.html). To ensure that the Web site is current, project managers 

in the Office of Federal and State Materials and Environmental Management Programs, the 

Office of Nuclear Material Safety and Safeguards, and the Regions routinely review and update 

the program information. 

COORDINATION:

The Office of the General Counsel has reviewed this paper and has no legal objections. The 

Office of the Chief Financial Officer has reviewed this paper and has no objections. 

 /RA/ 

 Luis A. Reyes 

 Executive Director 

 for Operations 

Enclosures: 

1. Operational Effectiveness Chart 

2. 2007 Annual Report 
The Commissioners 4 

A significant reduction in active NRC decommissioning sites is expected after FY 2010 due to 

successes in decommissioning of sites, many States becoming Agreement States, and the 

status of the decommissioning of nuclear reactors and research and test reactors. In FY 2008, 

the staff will evaluate the resource impacts of this reduction in sites, as well as the increasing 

number of uranium recovery licensing activities (uranium recovery is also managed under the 

Decommissioning and Low-Level Waste Tier II Program). Given that the technical disciplines of 

health physics, hydrology, and performance assessment are common to both the regulation of 

decommissioning sites and uranium recovery, the staff intends to begin to modify its staffing 

strategy to accommodate the trends in decommissioning and uranium recovery. 

 

CONCLUSION:

The staff plans to continue its close oversight of the decommissioning of nuclear power 

reactors, research and test reactors, complex materials sites, and uranium recovery facilities. In 

addition, the staff plans to develop programmatic activities that will aid in the protection of public 

health and safety, as well as the prevention of future legacy sites, while ensuring the efficient 

and effective use of resources. 

Site summaries for all decommissioning sites are accessible to the Commission and the public 

through the NRC’s Decommissioning Web site (http://www.nrc.gov/aboutnrc/regulatory/decommissioning.html). To ensure that the Web site is current, project managers 

in the Office of Federal and State Materials and Environmental Management Programs, the 

Office of Nuclear Material Safety and Safeguards, and the Regions routinely review and update 

the program information. 

COORDINATION:

The Office of the General Counsel has reviewed this paper and has no legal objections. The 

Office of the Chief Financial Officer has reviewed this paper and has no objections. 

 /RA/ 

 Luis A. Reyes 

 Executive Director 

 for Operations 

Enclosures: 

1. Operational Effectiveness Chart 

2. 2007 Annual Report 

ML071930270 WITS 199900100/EDATS: SECY-2007-0470

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