Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 180 - CONTROL OF RADIATION › Chapter 4 - STANDARDS FOR PROTECTION AGAINST RADIATION › Section 180-4-017 - CRITERIA FOR LICENSE TERMINATION UNDER RESTRICTED CONDITIONS

Current through June 17, 2024
The criteria for license termination under restricted conditions are as
	 follows.
017.01
CRITERIA.
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
  180 NAC
  4-016 would result in net public or
  environmental harm or were not being made because the residual levels
  associated with restricted conditions are as low as reasonably achievable
  (ALARA). Determination of the levels which are as low as reasonably achievable
  (ALARA) must take into account consideration of any detriments, such as traffic
  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 the total effective dose equivalent (TEDE) from
  residual radioactivity distinguishable from background to the average member of
  the critical group will not exceed
  0.25 mSv (25 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:
(i) Funds placed
  into an account 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 one percent real rate of return on
  investment.
(ii) A statement of
  intent in the case of Federal, State or local Government licensees, as
  described in 180 NAC
  3-018.06, (D); or
(iii) 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 to the Department indicating the licensee's intent to
  decommission in accordance with 180 NAC
  3-018.01, and specifying that the
  licensee intends to decommission by restricting use of the site. The licensee
  must document in the 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.
(i) Licensees proposing to
  decommission by restricting use of the site must seek advice from such affected
  parties regarding the following matters concerning the proposed
  decommissioning:
(1) Whether provisions for
  institutional controls proposed by the licensee:
(a) Will provide reasonable assurance that
  the total effective dose equivalent (TEDE) from residual radioactivity
  distinguishable from background to the average member of the critical group
  will not exceed 25
  0.25 mSv (25 mrem) total effective
  dose equivalent (TEDE) per year;
(b) Will be enforceable; and
(c) Will not impose undue burdens on the
  local community or other affected parties.
(2) Whether 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.
(ii) In seeking advice on the issues
  identified in 180 NAC
  4-017.01, (D)(i), the licensee must
  provide for:
(1) Participation by
  representatives of a broad cross section of community interests who may be
  affected by the decommissioning;
(2) An opportunity for a comprehensive,
  collective discussion on the issues by the participants represented;
  and
(3) 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; and
(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 total
  effective dose equivalent (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;
(i) 1 mSv (100 mrem) per year; or (1 mSv) per
  year; or
(ii) 5 mSv (500 mrem) per
  year provided the licensee;
(1) Demonstrates
  that further reductions in residual radioactivity necessary to comply with the
  1 mSv/y (100 mrem/y) value of 180 NAC
  4-017.01, (E)(i), are not
  technically achievable, would be prohibitively expensive, or would result in
  net public or environmental harm;
(2) Makes provisions for durable
  institutional controls;
(3)
  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
  five years to assure that the institutional controls necessary to meet the
  criteria of 180 NAC
  4-017.01, (B) and to assume and
  carry out responsibilities for any necessary control and, maintenance of those
  controls. Acceptable financial assurance mechanisms are those in 180 NAC
  4-017.01, (C).