[Federal Register Volume 69, Number 244 (Tuesday, December 21, 2004)]
[Notices]
[Page 76457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27864]


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DEPARTMENT OF ENERGY


Reimbursement for Costs of Remedial Action at Active Uranium and 
Thorium Processing Sites

AGENCY: Office of Environmental Management, Department of Energy.

ACTION: Notice of the acceptance of Title X claims for reimbursement in 
fiscal year (FY) 2005 and the acceptance of plans for subsequent 
remedial action.

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SUMMARY: This Notice announces the Department of Energy (DOE) 
acceptance of claims in FY 2005 from eligible active uranium and 
thorium processing sites for reimbursement under Title X of the Energy 
Policy Act of 1992. For FY 2005, Congress has appropriated 
approximately $80 million for reimbursement of certain costs of 
remedial action at these sites. Because of the amount of unpaid 
approved claims within the current reimbursement ceilings 
(approximately $56 million), DOE plans to accelerate the FY 2005 
reimbursements to licensees in advance of the April 30, 2005, 
regulatory deadline, subject to availability of congressional 
appropriations for prior year claims that have been previously 
approved. The approved amount of claims submitted during FY 2004 will 
be paid by April 30, 2005, subject to the availability of funds. If the 
available funds are less than the total approved claims, these payments 
will be prorated, if necessary, based on the amount of available FY 
2005 appropriations, unpaid approved claim balances (approximately $56 
million), and claims received in May 2004 (approximately $25 million).
    This notice also announces the DOE acceptance of plans for 
subsequent decontamination, decommissioning, reclamation, and other 
remedial action (Plans for Subsequent Remedial Action). If Title X 
licensees expect to incur remedial action costs for remedial action 
after December 31, 2007, licensees must submit a Plan for Subsequent 
Remedial Action during calendar year (CY) 2005 or 2006, and DOE must 
approve a Plan submitted by a licensee by the end of CY 2007, if the 
costs incurred after CY 2007 are to be eligible for reimbursement.

DATES: The closing date for the submission of claims in FY 2005 is May 
2, 2005. These new claims will be processed for payment by April 29, 
2006, together with unpaid approved claim balances from prior years, 
based on the availability of funds from congressional appropriations. 
Plans for Subsequent Remedial Action may be submitted anytime after 
January 1, 2005, but no later than December 31, 2006.

ADDRESSES: Claims and Plans for Subsequent Remedial Action should be 
forwarded by certified or registered mail, return receipt requested, to 
the U.S. Department of Energy, National Nuclear Security Administration 
Service Center, Environmental Programs Department, PO Box 5400, 
Albuquerque, NM 87185-5400, or by express mail to the U.S. Department 
of Energy, National Nuclear Security Administration Service Center, 
Environmental Programs Department, H and Pennsylvania Streets, 
Albuquerque, NM 87116. All claims should be addressed to the attention 
of Mr. Gilbert Maldonado. Two copies of the claim should be included 
with each submission.

FOR FURTHER INFORMATION CONTACT: Contact Gilbert Maldonado at (505) 
845-4035 of the U.S. Department of Energy, National Nuclear Security 
Administration Service Center, Environmental Programs Department.

SUPPLEMENTARY INFORMATION: DOE published a final rule under 10 CFR part 
765 in the Federal Register on May 23, 1994, (59 FR 26714) to carry out 
the requirements of Title X of the Energy Policy Act of 1992 (sections 
1001-1004 of Pub. L. 102-486, 42 U.S.C. 2296a et seq.) and to establish 
the procedures for eligible licensees to submit claims for 
reimbursement. DOE amended the final rule on June 3, 2003, (68 FR 
32955) to adopt several technical and administrative amendments (e.g., 
statutory increases in the reimbursement ceilings). Title X requires 
DOE to reimburse eligible uranium and thorium licensees for certain 
costs of decontamination, decommissioning, reclamation, and other 
remedial action incurred by licensees at active uranium and thorium 
processing sites to remediate byproduct material generated as an 
incident of sales to the United States Government. To be reimbursable, 
costs of remedial action must be for work which is necessary to comply 
with applicable requirements of the Uranium Mill Tailings Radiation 
Control Act of 1978 (42 U.S.C. 7901 et seq.) or, where appropriate, 
with requirements established by a State pursuant to a discontinuance 
agreement under section 274 of the Atomic Energy Act of 1954 (42 U.S.C. 
2021). Claims for reimbursement must be supported by reasonable 
documentation as determined by DOE in accordance with 10 CFR part 765. 
Funds for reimbursement will be provided from the Uranium Enrichment 
Decontamination and Decommissioning Fund established at the United 
States Department of Treasury pursuant to section 1801 of the Atomic 
Energy Act of 1954 (42 U.S.C. 2297g). Payment or obligation of funds 
shall be subject to the requirements of the Anti-Deficiency Act (31 
U.S.C. 1341).

    Authority: Section 1001-1004 of Public Law 102-486, 106 Stat. 
2776 (42 U.S.C. 2296a et seq.).

    Issued in Washington DC on this 14th of December, 2004.
David E. Mathes,
Office of Commercial Disposition Options, Office of Logistics and Waste 
Disposition Enhancements.
[FR Doc. 04-27864 Filed 12-20-04; 8:45 am]
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