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§ 30197. Financial Surety for Decommissioning Except as Provided for in Sections 30197.1 and 30...

17 CA ADC § 30197Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 17. Public Health
Division 1. State Department of Health Services (Refs & Annos)
Chapter 5. Sanitation (Environmental) (Refs & Annos)
Subchapter 4. Radiation
Group 2. Licensing of Radioactive Materials
Article 4. Licenses
17 CCR § 30197
§ 30197. Financial Surety for Decommissioning Except as Provided for in Sections 30197.1 and 30197.2.
(a) Except as specified in subsection (i), the following persons shall submit to the Department a decommissioning funding plan (DFP) as described in subsection (e):
(1) Each applicant for a specific license authorizing the possession and use of unsealed radioactive material of half-life greater than 120 days and in quantities exceeding 105 times the applicable quantities specified in section 30197.7. A DFP shall also be submitted when a combination of isotopes is involved if R divided by 105 is greater than 1 (unity rule), where R is defined as the sum of the ratios of the quantity of each isotope to the applicable value in section 30197.7; and
(2) Each holder of, or applicant for, any specific license authorizing the possession and use of sealed sources or plated foils of half-life greater than 120 days and in quantities exceeding 1012 times the applicable quantities specified in section 30197.7, or when a combination of isotopes is involved if R, as defined in paragraph (1), divided by 1012 is greater than 1.
(b) Except as specified in subsection (i), each applicant for a specific license authorizing possession and use of radioactive material of half-life greater than 120 days and in quantities specified in subsection (d) shall:
(1) Submit a DFP as described in subsection (e); or
(2) Submit a certification that financial surety for decommissioning has been provided in the amount prescribed by subsection (d), using one of the methods described in subsection (g). For an applicant, this certification may state that the appropriate surety will be obtained after the application has been approved and the license issued but before the receipt of licensed material. If the applicant defers execution of the financial instrument until after the license has been issued, a signed original of the financial instrument obtained to satisfy the requirements of subsection (g) must be submitted to the Department before receipt of licensed material. If the applicant does not defer execution of the financial instrument, the applicant shall submit to the Department, as part of the certification, a signed original of the financial instrument obtained to satisfy the requirements of subsection (g).
(c) Except as specified in subsection (i), the following persons shall provide for financial surety as specified:
(1) Each holder of a specific license issued on or after January 1, 1996, which is of a type described in subsections (a) or (b), shall provide financial surety for decommissioning in accordance with the criteria set forth in this section;
(2) Each holder of a specific license issued before January 1, 1996, and of a type described in subsection (a) shall submit a DFP as described in subsection (e), or a certification of financial surety for decommissioning in an amount at least equal to $1,125,000 in accordance with the criteria set forth in this section. If the licensee submits the certification of financial surety rather than a DFP, the licensee shall include a DFP in any application for license renewal;
(3) Each holder of a specific license issued before January 1, 1996, and of a type described in subsection (b) shall submit a DFP as described in subsection (e), or a certification of financial surety for decommissioning in accordance with the criteria set forth in this section;
(4) Waste collectors and waste processors, as defined in Appendix G of Title 10, Code of Federal Regulations, Part 20 (10 CFR 20), incorporated by reference in section 30253, shall provide financial surety in an amount based on a DFP as described in subsection (e). The DFP shall also include the cost of disposal of the maximum amount (in curies) of radioactive material permitted by the license, and the cost of disposal of the maximum quantity, by volume, of radioactive material which could be present at the licensee's facility at any time; and
(5) If, in surveys made under 10 CFR 20.1501(a), incorporated by reference in section 30253, residual radioactivity in the facility and environment, including the subsurface, is detected at levels that would, if left uncorrected, prevent the site from being released in accordance with the licensee's specific license, the licensee shall submit a DFP meeting the criteria specified in subsection (e) within one year of when the survey is completed. Nothing in this section may be construed to eliminate the need to comply with section 30256, to authorize the performance of actual decommissioning activities, or to establish radiological criteria for termination of a specific license.
(d) Table of required amounts of financial surety for decommissioning by quantity of material. Licensees having possession limits exceeding the upper bounds of this table must base financial surety on a DFP.
Quantity of Material
Required Financial Surety Amount
Greater than 104 but less than or equal to 105 times the applicable quantities of section 30197.7 in unsealed form. (For a combination of isotopes, if R, as defined in subsection (a)(1), divided by 104 is greater than 1 but R divided by 105 is less than or equal to 1.)
$1,125,000
Greater than 103 but less than or equal to 104 times the applicable quantities of section 30197.7 in unsealed form. (For a combination of isotopes, if R, as defined in subsection (a)(1), divided by 103 is greater than 1 but R divided by 104 is less than or equal to 1.)
$225,000
Greater than 1010 but less than or equal to 1012 times the applicable quantities of section 30197.7 in sealed sources or plated foils. (For a combination of isotopes, if R, as defined in subsection (a)(1), divided by 1010 is greater than, 1, but R divided by 1012 is less than or equal to 1.)
$113,000
(e) If required to submit a DFP for review and approval, the DFP shall contain:
(1) A detailed decommissioning cost estimate (DCE), in an amount reflecting:
(A) The cost of an independent contractor to perform all decommissioning activities;
(B) The cost of removing residual radioactivity to the level identified in the application material submitted pursuant to section 30194 or in the licensee's specific license. Nothing in this section or sections 30197.1 and 30197.2 may be construed to eliminate the need to comply with section 30256, to authorize the performance of actual decommissioning activities, or to establish radiological criteria for termination of a specific license.
(C) The volume of onsite subsurface material containing residual radioactivity that will require remediation to attain levels identified in application material submitted pursuant to section 30194 or in the licensee's specific license; and
(D) A contingency factor of at least 25 percent of the total DCE;
(2) Identification of and justification for using the key assumptions contained in the DCE;
(3) A description of the method of assuring funds for decommissioning, from alternatives listed in subsection (g), including means for adjusting cost estimates and associated funding levels periodically over the life of the facility;
(4) A certification by the licensee that financial surety for decommissioning has been provided in the amount of the cost estimate for decommissioning; and
(5) A signed original of the financial instrument obtained to satisfy the requirements of subsection (g), unless a previously submitted and accepted financial instrument continues to cover the cost estimate for decommissioning.
(f) At the time of license renewal and at intervals not to exceed three years, the licensee shall resubmit the DFP, described in subsection (e), with adjustments as necessary to account for changes in costs and in the extent of any contamination. If the amount of financial surety will be adjusted downward, that adjustment may not be made until the updated DFP is approved. The resubmitted DFP shall have been updated as compared to the information submitted with the original or prior approved plan, and shall specifically consider the effect of the following events on decommissioning costs:
(1) Spills of radioactive material producing additional residual radioactivity in onsite subsurface material;
(2) Waste inventory increasing above the amount previously estimated;
(3) Waste disposal costs increasing above the amount previously estimated;
(4) Facility modifications;
(5) Changes in authorized possession limits;
(6) Actual remediation costs that exceed the previous cost estimate;
(7) Onsite disposal; and
(8) Use of a settling pond.
(g) Financial surety for decommissioning shall be provided by one or more of the methods listed in paragraphs (1) through (5), below. The financial instrument shall include the licensee's name and address as specified on the license, license number, dollar amount of the instrument, expiration date, and account or bond number issued by the issuer, and the name, address, and other contact information of the issuer, and, if a trust is used, the trustee. When any of the foregoing information changes, the licensee shall, within 30 days of the change, submit financial instruments reflecting such changes. The financial instrument submitted shall be a signed original.
(1) Prepayment. Prepayment is the deposit prior to the start of operation, into an account segregated from licensee assets and outside the licensee's administrative control, of cash or liquid assets such that the amount of funds would be sufficient to pay decommissioning costs. Prepayment shall be in the form of a trust or certificate of deposit.
(2) A surety method, insurance, or other guarantee method. These methods guarantee that decommissioning costs will be paid. A surety method shall be in the form of a surety bond, or letter of credit. For bonds, the Payment Surety Bond form specified in title 11, California Code of Regulations, section 80.3 shall be used. Other guarantee methods are as specified in sections 30197.3 through 30197.6, described as follows: a parent company guarantee of funds for decommissioning costs based on a financial test may be used if the guarantee and test are as contained in section 30197.3; for commercial corporations that issue bonds, a guarantee of funds by the applicant or licensee for decommissioning costs based on a financial test may be used if the guarantee and test are as contained in section 30197.4; for commercial companies that do not issue bonds, a guarantee of funds by the applicant or licensee for decommissioning costs may be used if the guarantee and test are as contained in section 30197.5; and, for nonprofit entities, such as colleges, universities, and nonprofit hospitals, a guarantee of funds by the applicant or licensee may be used if the guarantee and test are as contained in section 30197.6. Except for an external sinking fund, a parent company guarantee or a guarantee by the applicant or licensee may not be used in combination with any other financial methods used to satisfy the requirements of this section. A guarantee by the applicant or licensee may not be used in any situation where the applicant or licensee has a parent company holding majority control of the voting stock of the company. Any surety method or insurance used to provide financial surety for decommissioning must remain in effect until the Department has terminated the license, and be:
(A) Open-ended or, if written for a specified term, such as five years, renewed automatically unless 90 days or more prior to the renewal date, the issuer notifies the Department (i.e., the beneficiary) and the licensee of its intention not to renew. The surety method or insurance must also provide that the full face amount of the surety or insurance be paid to the beneficiary automatically prior to the expiration of the surety or insurance, without proof of forfeiture, if the licensee fails to provide a replacement surety method or insurance acceptable to the Department within 30 days after receipt of notification of cancellation; and
(B) Payable to a trust established for decommissioning costs or to the Financial Surety Account within the Radiation Control Fund, administered by the Department pursuant to Health and Safety Code Section 115092. The trustee and trust must be acceptable to the Department. An acceptable trustee includes an appropriate State or Federal government agency, or an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a Federal or State agency.
(3) An external sinking fund in which deposits are made at least annually, coupled with a surety method, insurance, or other guarantee method, the value of which may decrease by the amount being accumulated in the sinking fund. An external sinking fund is a fund established and maintained by setting aside funds periodically in an account segregated from licensee assets and outside the licensee's administrative control, in which the total amount of funds would be sufficient to pay decommissioning costs at the time termination of operation is expected. An external sinking fund must be in the form of a trust. If another guarantee method specified in sections 30197.3 through 30197.6 is used, no surety or insurance may be combined with the external sinking fund. The surety, insurance or other guarantee provisions must be as stated in paragraph (2).
(4) In the case of State or local government licensees, a statement of intent containing a cost estimate for decommissioning or an amount based on the table in subsection (d), and indicating that funds for decommissioning will be obtained when necessary.
(5) When a government entity is assuming custody and ownership of a site, an arrangement that is deemed acceptable by such government entity.
(h) Licensees shall maintain records as described and in accordance with section 30256(a).
(i) This section shall not apply to source material as specified in section 30197.1 or special nuclear material as specified in section 30197.2.

Credits

Note: Authority cited: Sections 115000, 115091 and 131200, Health and Safety Code. Reference: Sections 114965, 114970, 115060, 115091, 115092, 115235, 131050, 131051 and 131052, Health and Safety Code.
History
1. New section filed 2-26-2019; operative 4-1-2019 (Register 2019, No. 9). For prior history, see Register 87, No. 29.
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 17, § 30197, 17 CA ADC § 30197
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