§ 30197.2. Financial Surety for Decommissioning -- Unsealed Special Nuclear Material.
17 CA ADC § 30197.2Barclays Official California Code of Regulations
17 CCR § 30197.2
§ 30197.2. Financial Surety for Decommissioning -- Unsealed Special Nuclear Material.
(a) Each holder of, or applicant for, a specific license authorizing the possession and use of unsealed special nuclear material, as defined in section 114985(f) of the Health and Safety Code, in quantities exceeding 105 times the applicable quantities specified in section 30197.7, shall submit a decommissioning funding plan (DFP) as described in section 30197(e). The applicant, upon becoming a licensee, shall be subject to section 30197(f) in addition to this section. The 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.
(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 section 30197(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 section 30197(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 section 30197(g). The applicant, upon becoming a licensee, shall be subject to section 30197(f) in addition to this section.
(1) Each holder of a specific license issued on or after January 1, 1996, which is of a type described in subsection (a) or (b), shall provide financial surety for decommissioning in accordance with the criteria set forth in this section and sections 30197(e) and (g). The licensee shall be subject to section 30197(f), as applicable.
(2) Each holder of a specific license issued before January 1, 1996, and of a type described in subsection (a), shall submit a decommissioning funding plan as described in section 30197(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 section 30197(g). If the licensee submits the certification of financial surety rather than a DFP, the licensee shall include a DFP, as described in section 30197(e), in any application for license renewal. The licensee shall be subject to section 30197(f), as applicable;
(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 section 30197(e), or a certification of financial surety for decommissioning in accordance with the criteria set forth in section 30197(g). The licensee shall be subject to section 30197(f), as applicable; and
(4) 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 section 30197(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.
Quantity of Unsealed Special Nuclear Material | Required Financial Surety Amount |
|---|---|
Greater than 104 but less than or equal to 105 times the applicable quantities of section 30197.7. (For a combination of isotopes, if R, as defined in subsection (a), 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. (For a combination of isotopes, if R, as defined in subsection (a), divided by 103 is greater than 1 but R divided by 104 is less than or equal to 1.) | $225,000 |
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).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 17, § 30197.2, 17 CA ADC § 30197.2
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