NAC459.200. Expiration and termination of specific licenses; notification of Division before certain events; decommissioning.

     1. Except as otherwise provided in subsections 2, 3 and 4, a specific license expires at the end of the day on the date of expiration set forth on the license.

     2. A specific license for which a licensee has, not less than 30 days before the date of expiration set forth on the license, filed an application for renewal pursuant to NAC 459.202 remains effective until the Division makes a final decision on the application, and the license application will be considered timely. If the decision is to deny the application for renewal, the license expires on the date of the decision or, if the Division specifies a date of expiration in the decision to deny the application for renewal, on the date specified.

     3. If the renewal application for a specific license is not received at least 30 days before the date of expiration set forth on the license, the licensee shall:

     (a) Pay an expedited review fee of twice the annual fee set forth in NAC 459.310, which, upon submittal, grants the licensee an administrative authorization for the license to remain effective until the Division makes an expedited decision on the application;

     (b) Stop all operations involving radioactive materials and place all sources of radiation in storage until they can be transferred to persons authorized to receive them; or

     (c) Stop all operations on the expiration date of the license until the Division makes a decision on the application or issues a renewed license.

     4. A specific license revoked by the Division expires on the date of the decision of the Division to revoke the license or on the date specified in the decision of the Division to revoke the license.

     5. A specific license continues in effect with respect to the possession of radioactive material until the Division notifies the licensee in writing that the license is terminated. During the time the specific license continues in effect, the licensee shall:

     (a) Limit actions involving radioactive material to those related to decommissioning; and

     (b) Continue to control entry to restricted areas until they are suitable for release so that there is no undue hazard to public health and safety.

     6. Except as otherwise provided in subsection 8, a licensee shall notify the Division in writing within 60 days before:

     (a) The decision of the licensee to cease permanently its principal activities at the entire site or in a separate building or outdoor area that contains residual radioactivity if the building or outdoor area is unsuitable for release because of an undue hazard to public health and safety;

     (b) The end of a 24-month period in which no principal activities have been conducted pursuant to the license; or

     (c) The end of a 24-month period in which no principal activities have been conducted in a separate building or outdoor area that contains residual radioactivity and the building or outdoor area is unsuitable for release because of an undue hazard to public health and safety.

     7. Coincident with the notification required by subsection 6, the licensee shall maintain in effect all financial assurances for decommissioning established by the licensee pursuant to NAC 459.1955 in conjunction with the issuance or renewal of a license as required by this section. The amount of the financial assurance must be increased, or may be decreased, as appropriate, to meet the detailed cost estimate for decommissioning. After the Division approves the plan for decommissioning, a licensee may reduce the amount of the financial assurance as decommissioning proceeds and radiological contamination is reduced at the site with the approval of the Division.

     8. The Division may grant a request to extend the period during which notification is required pursuant to subsection 6 if the Division determines that such an extension is not detrimental to the public health and safety and is otherwise in the public interest. The request must be submitted not later than 30 days before notification is required pursuant to subsection 6. The schedule for decommissioning may not commence until the Division has made a determination on the request.

     9. A plan for decommissioning must be submitted to the Division by the licensee if it is required by a condition of the license or if the procedures for decommissioning have not been approved by the Division and these procedures could increase the potential impacts on the health and safety of workers or the public, including, without limitation, if:

     (a) The procedures involve techniques not applied routinely during cleanup or maintenance operations;

     (b) The workers would be entering areas not normally occupied where surface contamination and radiation levels are significantly higher than routinely encountered during normal operations;

     (c) The procedures could result in a significantly greater airborne concentration of radioactive materials than is present during normal operations; or

     (d) The procedures could result in a significantly greater release of radioactive material to the environment than that associated with normal operations.

Ê Such procedures may not be carried out by the licensee without being approved by the Division before they commence.

     10. A proposed plan for decommissioning will be approved by the Division if decommissioning will be completed as soon as practical, the health and safety of the workers and the public will be protected and the proposed plan for decommissioning includes:

     (a) A description of the conditions of the site, separate building or outdoor area sufficient to evaluate the acceptability of the plan;

     (b) A description of the decommissioning activities;

     (c) A description of the methods that will be used to ensure the protection of workers and the environment against radiation hazards during decommissioning;

     (d) A description of the planned final radiation survey;

     (e) An updated and detailed cost estimate for decommissioning, comparison of that estimate with the money set aside for decommissioning and a plan for ensuring the availability of adequate money for completion of decommissioning; and

     (f) For a plan for decommissioning in which completion of decommissioning will be later than 24 months after approval of the plan, a justification for the delay based on the criteria set forth in subsection 13.

     11. A licensee shall begin decommissioning of the site within 60 days after the plan for decommissioning is approved by the Division.

     12. Except as otherwise provided in subsection 13, a licensee:

     (a) Shall complete decommissioning of the site, separate building or outdoor area as soon as practicable, but not later than 24 months after decommissioning begins.

     (b) Must, if decommissioning involves an entire site, request termination of the license as soon as practicable, but not later than 24 months after decommissioning begins.

     13. The Division may approve a request by the licensee for an extension of the period allowed for decommissioning or termination of a license if the Division determines that such an extension is necessary because:

     (a) It is not technically feasible to complete decommissioning within 24 months;

     (b) There is not sufficient capacity for waste disposal to allow completion of decommissioning within 24 months;

     (c) A significant reduction in the volume of wastes requiring disposal will be achieved by allowing short-lived radionuclides to decay;

     (d) A significant reduction in radiation exposure to workers can be achieved by allowing short-lived radionuclides to decay; or

     (e) There are other site-specific factors that make decommissioning within 24 months undesirable or unfeasible, including, without limitation, the regulatory requirements of other government agencies, lawsuits, activities involving the treatment of groundwater, monitored restoration of natural groundwater, actions that could result in more environmental harm than deferred cleanup and other factors beyond the control of the licensee.

     14. As the final step in decommissioning, the licensee shall certify the disposition of all licensed material, including, without limitation, accumulated wastes, by submitting to the Division a completed NRC Form 314 or information that is equivalent to that contained in the completed form and:

     (a) Demonstrate that the premises where the licensed activities were carried out satisfy the criteria for decommissioning set forth in NAC 459.316 to 459.3184, inclusive; or

     (b) Conduct a radiation survey of the premises and submit to the Division a report of the results of this survey. The radiation survey must demonstrate that the premises are suitable for release and include:

          (1) A description of the levels of gamma radiation in units of millirem (millisievert) per hour at 1 meter from surfaces;

          (2) A description of the levels of radioactivity, including, without limitation, alpha and beta radiation, in units of:

               (I) Microcuries (megabecquerels) per 100 square centimeters, removable and fixed, for surfaces;

               (II) Microcuries (megabecquerels) per milliliter for water; and

               (III) Picocuries (becquerels) per gram for solids, including, without limitation, soils and concrete; and

          (3) A description of the survey instruments used and a statement that each instrument was properly calibrated and tested. The statement must be certified by the person who calibrated and tested the instrument.

     15. A specific license, including an expired license, will be terminated by written notice to the licensee that the Division has determined that:

     (a) All radioactive material has been disposed of properly;

     (b) Reasonable effort has been made by the licensee to eliminate residual radioactive contamination, if present;

     (c) All records required to be maintained pursuant to subsection 12 of NAC 459.1955 have been received by the Division; and

     (d) The radiation survey performed by the licensee or other information submitted by the licensee demonstrates that the premises are suitable for release in accordance with the criteria for decommissioning set forth in NAC 459.316 to 459.3184, inclusive.

     [Bd. of Health, Radiation Control Reg. § 3.5.8, eff. 2-28-80]—(NAC A 4-27-84; 1-21-92; 10-22-93; 11-1-95; R084-98, 1-26-99; A by Dep’t of Human Resources by R137-01, 5-30-2003; A by Bd. of Health by R085-06, 11-13-2006; R185-08, 5-7-2010)