Wyoming Administrative Code › Agency 020 - Environmental Quality, Dept. of › Sub-Agency 0013 - Uranium Recovery › Chapter 6 - FINANCIAL ASSURANCE REQUIREMENTS › Section 6-7 - Long-Term Care and Maintenance Financial Assurances

Current through July 13, 2024
(a) In addition to
				the decommissioning warranty required by this Chapter, the Department may
				require licensees to provide a long-term care warranty of the licensed facility
				if the facility will remain a disposal site for 11e.(2) byproduct material
				subsequent to the termination of the license, or the license will be terminated
				using the criteria in 10 C.F.R., Part 40, Appendix A.
(i) The amount of funds to be provided by
				such long-term care warranties shall be based on approved cost estimates as
				determined by the Department, U.S. Department of Energy (DOE), and NRC, and
				shall be sufficient to cover the annual costs of site surveillance, including
				reasonable administrative costs incurred, subsequent to the termination of the
				license.
(ii) For each licensee
				going to long-term care, the long-term care warranty must have a minimum value
				equivalent to two hundred and fifty thousand dollars ($250,000.00) in 1978
				dollars.
(A) The value of the long-term care
				warranty shall be adjusted annually to recognize inflation.
(I) The inflation rate to be used for this
				adjustment is that indicated by the change in the Consumer Price Index for All
				Urban Consumers published by the U.S. Department of Labor, Bureau of Labor
				Statistics.
(II) The Licensee may
				use other reasonable resources to analyze the inflation rate provided the
				amount of long-term care warranty is acceptable to the Department.
(iii) Cost estimates
				for facilities and sites requiring long-term care subsequent to license
				termination are to be based on the final disposition of wastes such that
				ongoing active maintenance is not necessary to preserve isolation.
(A) It is expected that, at a minimum, annual
				site inspections shall be conducted to confirm the integrity of the stabilized
				waste systems and to determine the need, if any, for maintenance and/or
				monitoring.
(B) Cost estimates
				shall be adjusted if more frequent site inspections are required based on an
				evaluation of a particular site.
(iv) For sites decommissioned in accordance
				with 10 C.F.R. Part 40, Appendix A, cost estimates for long-term care
				subsequent to license termination must be sufficient to enable the Department
				or the DOE to:
(A) Perform periodic site
				inspections at least every five (5) years;
(B) Assure the continuation of institutional
				controls; and
(C) Assume
				responsibilities and carry out any necessary control and maintenance of the
				site. Cost estimates shall be adjusted to account for more frequent site
				inspections as required by the Department.
(v) Upon the determination by the Department
				that disposal, decommissioning, and decontamination requirements have been
				satisfied, and after the NRC has approved the Department's determination, the
				Department shall transfer the custody of the site and any funds for long-term
				care to the appropriate regulatory agency assuming long-term care and custody.
				Such funds include, but are not limited to, sums collected for long-term care
				and maintenance (i.e. continued site observation, monitoring, and necessary
				maintenance). Such funds do not include monies held as surety where no default
				has occurred and the required reclamation or other bonded activity has been
				performed.
(A) If the value of the long-term
				care warranty funds exceeds the amount required by the regulatory agency
				overseeing the long-term care of the site, then all such excess amounts shall
				be returned to the licensee.