NAC459.318. Property of decommissioned facility: Eligibility for release for restricted use.

     1. The property of a decommissioned facility that is not eligible for release for unrestricted use is eligible for release for restricted use if the licensee:

     (a) Demonstrates that further reductions in residual radioactivity necessary to comply with NAC 459.3178:

          (1) Would result in net increase in harm to the public or environment; or

          (2) Were not being made because the levels of residual radioactivity associated with restricted conditions are as low as is reasonably achievable.

     (b) Establishes that the licensee has provided for institutional controls that:

          (1) Are legally enforceable;

          (2) Provide reasonable assurance that the average member of the critical group will receive a total effective dose equivalent from residual radioactivity at the site distinguishable from background radiation that does not exceed 25 millirem (0.25 millisievert) per year; and

          (3) Will not impose an undue burden on the community to be affected by the decommissioning or any person or institution therein.

     (c) Provides, by a method set forth in subsection 4, sufficient financial assurance to enable a third party, including a governmental custodian of the site, to assume and carry out responsibilities for any necessary control and maintenance of the site.

     (d) Submits to the Division a decommissioning plan that:

          (1) Declares the intent of the licensee to decommission in accordance with NAC 459.1955;

          (2) Specifies that the licensee intends to decommission by restricting the use of the site; and

          (3) Documents how the advice of persons and institutions in the community that may be affected by the decommissioning has been sought, analyzed and, if appropriate, incorporated into the decommissioning plan.

     (e) Provides reasonable assurance that the residual radioactivity at the site distinguished from background radiation has been reduced to levels such that, even in the absence of the institutional controls required by paragraph (b), the average member of the critical group will receive a total effective dose equivalent, from residual radioactivity at the site distinguishable from background radiation, that:

          (1) Is as low as is reasonably achievable; and

          (2) Except as otherwise provided in subsection 2, does not exceed 100 millirem (1 millisievert) per year.

     2. A licensee may satisfy the requirements of subparagraph (2) of paragraph (e) of subsection 1 if the licensee:

     (a) Provides reasonable assurance that the average member of the critical group will receive a total effective dose equivalent, from residual radioactivity at the site distinguishable from background radiation, that does not exceed 500 millirem (5 millisieverts) per year;

     (b) Demonstrates that reducing residual radioactivity to the level necessary to comply with the 100 millirem (1 millisievert) requirement of subparagraph (2) of paragraph (e) of subsection 1 is not technically feasible, would be prohibitively expensive, or would likely result in net harm to the public or environment;

     (c) Makes provisions for durable institutional controls; and

     (d) Provides, by a mechanism set forth in subsection 4, sufficient financial assurance to enable a third party, including a governmental custodian of the site:

          (1) To carry out periodic rechecks of the site not less frequently than every 5 years to ensure that the institutional controls remain in place as necessary to meet the criteria of paragraph (b) of subsection 1; and

          (2) To assume and carry out responsibility for any necessary control and maintenance of those controls.

     3. Before a licensee may submit to the Division a decommissioning plan pursuant to subsection 1, the licensee must seek advice from natural persons and institutions in the community who may be affected by the decommissioning concerning whether the licensee’s proposed plan of decommissioning satisfies each of the requirements of paragraphs (b) and (c) of subsection 1.

     4. A licensee, to satisfy the requirements of this section relating to the provision of financial assurance, may use any of the following methods:

     (a) The deposit of an amount of money in cash or liquid assets into an account that is segregated from the assets of the licensee and outside the administrative control of the licensee as described in paragraph (a) of subsection 11 of NAC 459.1955;

     (b) Provision of a surety, including insurance, or other guarantee, as described in paragraph (b) of subsection 11 of NAC 459.1955;

     (c) If the licensee is a federal, state or local governmental entity, a statement of intent as described in paragraph (d) of subsection 11 of NAC 459.1955; or

     (d) If a federal, state or local governmental entity is assuming custody and ownership of the site, any arrangement or mechanism for financial assurance that the governmental entity determines is adequate.

     (Added to NAC by Dep’t of Human Resources by R137-01, eff. 5-30-2003; A by Bd. of Health by R085-06, 11-13-2006)