[Federal Register Volume 60, Number 65 (Wednesday, April 5, 1995)]
[Notices]
[Pages 17343-17344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8360]



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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 claims and the availability of 
funds for reimbursements in fiscal year 1995.

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SUMMARY: This Notice announces the Department of Energy's acceptance of 
claims for reimbursement and the availability of approximately $41.7 
million in funds for fiscal year 1995 for reimbursements of certain 
costs of remedial action at eligible active uranium and thorium 
processing sites pursuant to Title X of the Energy Policy Act of 1992. 
The Department of Energy anticipates that claims submitted by licensees 
in fiscal year 1995 together with outstanding approved claims from 
fiscal year 1994 will exceed $41.7 million and would therefore be 
subject to prorated payment. In addition, the Department of Energy is 
announcing an adjustment for inflation to the statutory per dry short 
ton limit on reimbursement to uranium licensees and the aggregate limit 
on reimbursement to uranium and thorium licensees. Lastly, the 
Department of Energy is announcing changes in the quantity of Federal-
related or total dry short tons of byproduct material and Federal 
reimbursement ratio for the Western Nuclear Incorporated, Split Rock 
mill site, in Jeffrey City, Wyoming, and the American Nuclear 
Corporation, Gas Hills mill site, in Gas Hills, Wyoming, and the 
preliminary per dry short ton limit on reimbursement to uranium 
licensees.

DATES: The closing date for the submission of claims for reimbursement 
in fiscal year 1995 is June 16, 1995.

ADDRESSES: Claims may be mailed to the Environmental Restoration 
Division, U.S. Department of Energy, 2155 Louisiana NE., Suite 10000, 
Albuquerque, NM 87110. All claims should be addressed to the attention 
of James B. Coffey and sent by registered or certified mail, return 
receipt requested.

FOR FURTHER INFORMATION CONTACT: James Coffey, Environmental 
Restoration Division, U.S. Department of Energy, (505) 845-4628.

SUPPLEMENTARY INFORMATION: The Department of Energy published a final 
rule under 10 CFR part 765 in the Federal Register on May 23, 1994 (59 
FR 26714) to implement 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. Title X requires the Department of Energy 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 of costs of remedial action must be supported by 
reasonable documentation as determined by the Department of Energy in 
accordance with 10 CFR part 765. Section 1001(b)(2) of the Energy 
Policy Act of 1992 limits the amount of reimbursement paid to any one 
licensee of an active uranium site to an amount not to exceed $5.50, as 
adjusted annually for inflation, multiplied by the dry short tons of 
byproduct material located at the site on October 24, 1992, and 
generated as an incident of sales to the United States. Total 
reimbursement, in the aggregate, for work performed at the active 
uranium processing sites shall not exceed $270 million, as adjusted 
annually for inflation. Total reimbursement for work performed at the 
active thorium processing site shall not exceed $40 million, as 
adjusted annually for inflation, and is limited to costs incurred for 
offsite disposal. 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).
    To make the inflation adjustments indicated above, the Department 
of Energy is required by 10 CFR 765.12 to apply the Consumer Price 
Index-Urban (CPI-U) annually, beginning in 1994, using the CPI-U as 
published by the Bureau of Labor Statistics within the Department of 
Commerce for the preceding calendar year. The CPI-U for 1993 was 1.030. 
Therefore, the adjusted values of the $5.50 per dry short ton, $270 
million, and $40 million statutory ceilings in 1994 were $5.67 per dry 
short ton, $278.1 million, and $41.2 million, respectively (i.e., 
$5.50, $270 million, and $40 million multiplied by 1.030 equals $5.67, 
$278.1 million, and [[Page 17344]] $41.2 million, respectively). In 
1994, the Department of Energy issued the first reimbursements to 
uranium and thorium licensees totaling $33,368,448.46 and 
$7,000,351.53, respectively. Subsequently, the total remaining 
reimbursement ceiling for uranium and thorium licensees in 1994 was 
$244,731,551.54 and $34,199,648.47. The CPI-U for 1994 was 1.027. 
Therefore, the adjusted values of the per dry short ton ceiling and the 
total remaining reimbursement ceiling for uranium and thorium licensees 
for 1995 are $5.82, $251,339,303.43, and $35,123,038.98. These amounts 
were determined by multiplying the ceiling values for 1994 by 1.027.
    The Department of Energy published its determination on the 
Federal-related and total dry short tons of byproduct material and 
Federal reimbursement ratio for each eligible active uranium processing 
site in the May 23, 1994, Federal Register (59 FR 26714). Since then, 
additional records were made available to the Department of Energy on 
the quantities of dry short tons of byproduct material at the Western 
Nuclear Incorporated, Split Rock mill site in Jeffrey City, Wyoming, 
and the American Nuclear Corporation, Gas Hills mill site, in Gas 
Hills, Wyoming. After reviewing these records, the Department of Energy 
is revising the quantity of Federal-related or total dry short tons of 
byproduct material and Federal reimbursement ratio for these two 
uranium processing sites. The Department of Energy has determined that 
the quantity of Federal-related and total dry short tons of byproduct 
material at the Western Nuclear Incorporated site as of October 24, 
1992, is 3.626 million dry short tons and 8.2 million dry short tons, 
respectively; and the quantity of Federal-related dry short tons of 
byproduct material at the American Nuclear Corporation site as of 
October 24, 1992, is 2.202 million dry short tons. The total quantity 
of dry short tons of byproduct material for the American Nuclear 
Corporation site, however, remains at 6.0 million dry short tons. 
Because of these quantity increases, the Federal reimbursement ratio 
for the Western Nuclear Incorporated and American Nuclear Corporation 
sites is also being revised to 0.442 and 0.367, respectively (i.e., 
3.626 million dry short tons divided by 8.2 million dry short tons 
equals 0.442 and 2.202 million dry short tons divided by 6.0 million 
dry short tons equals 0.367). The Department of Energy's reports on 
these revisions are available upon written request to the Environmental 
Restoration Division, U.S. Department of Energy, 2155 Louisiana NE., 
Suite 10000, Albuquerque, NM 87110. Because of these quantity 
increases, the total amount of Federal-related dry short tons of 
byproduct material at all eligible active uranium processing sites is 
56.521 million dry short tons.
    In the May 23, 1994, Federal Register (59 FR 26714), the Department 
of Energy announced that it was establishing a preliminary per dry 
short ton limit of $4.80 on reimbursement to licensees of eligible 
uranium processing sites. This was necessary because the $270 million 
statutory ceiling would not support the maximum allowable reimbursement 
of $5.50 per dry short ton, as established by Title X, if remedial 
action costs at all of the eligible uranium processing sites reach or 
approach this per dry short ton limit. Because of the above quantity 
revisions to the Western Nuclear Incorporated and American Nuclear 
Corporation sites, the preliminary per dry short ton limit on 
reimbursement is $4.78 (i.e., $270 million divided by the total amount 
of Federal-related dry short tons of byproduct material present at all 
eligible active uranium processing sites, 56.521 million dry short 
tons, equals $4.78). The Department of Energy is adjusting the $4.78 
preliminary per dry short ton limit to account for inflation using the 
CPI-U values discussed above. The adjusted per dry short ton limit in 
1994 was $4.92 (i.e., $4.78 multiplied by 1.030 equals $4.92). The 
adjusted per dry short ton limit in 1995 is $5.05 (i.e., $4.92 
multiplied by 1.027 equals $5.05). The Department of Energy will 
further adjust the preliminary per dry short ton limit on reimbursement 
annually for inflation or if other circumstances, as determined by the 
Department of Energy, require an adjustment.

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

    Issued in Washington D.C. on this 29th of March, 1995.
David E. Mathes,
Director, Offsite Program Division, Office of Southwestern Area 
Programs, Environmental Restoration.
[FR Doc. 95-8360 Filed 4-4-95; 8:45 am]
BILLING CODE 6450-01-P