NAC459.3182. Property of decommissioned facility: Alternate criteria for release for restricted or unrestricted use.

     1. The Division may terminate a license and release the property of a decommissioned facility for restricted or unrestricted use using alternate criteria greater than the dose criterion of 25 millirem (0.25 millisievert) per year set forth in NAC 459.3178 and paragraph (b) of subsection 1 of NAC 459.318 if the licensee:

     (a) By submitting an analysis of possible sources of exposure, provides reasonable assurance that:

          (1) The public health and safety will continue to be protected; and

          (2) It is unlikely that the dose from all artificially created sources combined, other than medical, would be more than the limit of 0.1 rem (1 millisievert) per year set forth in NAC 459.335;

     (b) Has employed, to the extent practical, restrictions on site use according to the provisions of NAC 459.318 in minimizing exposures at the site;

     (c) Reduces doses to levels that are as low as is reasonably achievable; and

     (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 proposes to decommission pursuant to the alternate criteria provisions of this section; and

          (3) Documents how the advice of natural 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.

     2. To satisfy the public comment requirement of subparagraph (3) of paragraph (d) of subsection 1, a licensee shall:

     (a) Provide an opportunity for participation by representatives of a broad cross section of community interests;

     (b) Provide an opportunity for a comprehensive, collective discussion on the issues by the participants represented; and

     (c) Make publicly available a summary of the results of all such discussions, including, without limitation:

          (1) A description of the individual viewpoints of the participants on the issues; and

          (2) The extent of agreement and disagreement among the participants on the issues.

     3. Before the Division terminates a license using the alternate criteria of this section, the Division will consider the recommendations of the staff of the Division concerning any comments provided by the Environmental Protection Agency and any public comments submitted pursuant to NAC 459.3184.

     (Added to NAC by Dep’t of Human Resources by R137-01, eff. 5-30-2003)