NRC Staff Byproduct Material Financial Scoping Study Analysis and Overview James Shaffner, Project Manager Division of Decommissioning, Uranium Recovery, and Waste Programs U.S. Nuclear Regulatory Commission A presentation to the Low-Level Waste Forum April 21, 2015 Alexandria, VA 4

Crux of the Issue Threshold for Financial Assurance requirements in 10 CFR 30.35 for Decommissioning Radioactive Sealed Sources is higher than most Category 1 and 2 (or lower) RSS Therefore, there is no standing requirement for decommissioning financial assurance for these sources Financial burden for decommissioning/disposal of these sources can be consequential Issue was identified in 2006 Radiation Source Protection and Security Task Force (RSPSTF) Report

Early Follow-up 2007 Low-Level Waste Strategic Assessment identified byproduct financial scoping has high priority resource limitations/ higher priorities postponed action Interagency Working Group Report on Financial Assurance for Disposition of Category 1,2, and 3 Radioactive Sealed Sources completed to support 2010 RSPSTF report summary recommendations included in 2010 RSPSTF Report report never made public

Recent Background Current focus arose from Commission briefing on Radioactive Waste Issues on September 18, 2014 Staff stressed timeliness of completing a Byproduct Material Financial Scoping Study identified in 2007 LLW Programmatic Assessment citing: March 2014 Report by LLW Forum Disused Sources Working Group 2014 Radiation Source Protection and Security Task Force Report Resulting Staff Requirements Memorandum September 24, 2014 “provide results of the byproduct financial scoping study and recommendations for next steps”

Staff Proposed Approach Quick Turnaround – April 2015 SECY paper with scoping study results and recommendations Accomplished by NRC internal working group Work informed by three reports 2010 Interagency WG report 2014 LLW Forum DSWG report 2014 RSPSTF report Further identify issues relevant to Byproduct Financial Planning

Shortcomings of Proposed Approach Identified during senior management alignment process Cited reports had only state and federal government perspective Scoping would benefit from broader stakeholder perspective (manufacturers, licensees, use beneficiaries, public, others) Staff requested and was granted more time to complete scoping study in order to solicit input from additional key stakeholders .

Primary Considerations in Expanded Scoping Study Reports needing broader review National activities that could affect byproduct material financial planning International perspective relevant to byproduct financial planning Issues identified by staff 7 7 7

Reports Needing Broader Review Interagency Working Group Report on Financial Assurance for Disposition of Category 1,2, and 3 Radioactive Sealed Sources (Mar. 2010 non-public) Various insights re: disposition challenges Specific recommendations re: financial planning w/state specific examples Report by LLW Forum Disused Sources Working Group (Mar. 2014) Specific recommendations re: financial assurance for sealed sources Report of the Radiation Source Protection and Security Task Force (Aug. 2014) Recommendation re: financial planning for Category 1 and 2 sources

National Activities with Relevance to Byproduct Financial Scoping National Nuclear Security Administration source collection program Source Collection and Threat Reduction Program (administered by the Conference of Radiation Control Program Directors (CRCPD)) Development and availability of sealed source transportation containers Availability of new disposal capacity NRC revised branch technical position on concentration averaging CRCPD initiative to revisit criteria for financial surety for RAM 9 9 9

International Perspective Joint Convention on the Safety Spent Fuel and on the Safety of Radioactive Waste Management Article 28 “Disused Sealed Sources” International Nuclear Energy Series No. NW-T-1.3 – Management of Disused Radioactive Sources cost distribution cost uncertainty financial implications of no transfer path Numerous other initiatives and reports

Issues Identified by Staff Amount Adequate for Dispositioning funding mechanism Timeliness licensee declaration of disused or unwanted source Source Characteristics as a consideration in disposition cost Compatibility required Agreement State implementation Applicability to General Licensees how imposed 11 11 11

Issues Identified by Staff (cont.) Orphan Source Management funding mechanism Fund Custodian disinterested party; inviolate designation Tracking adaptation of existing or de novo Issues are consequential but hardly exhaustive

Expansion of Byproduct Material Financial Scoping Study Federal Register Notice define the issue solicit perspective from stakeholders Topic Specific Public Meeting Presentations at Stakeholder meetings/feedback Inform/develop issues paper Results/recommendations to Commission by 3/16 .

Overarching Considerations Safety (Part 30) vs. Security (Part 37) issue Is there a problem/deficiency not addressed by Part 37 requirements License requirements Enforcement If so, is byproduct financial planning the best solution…a workable solution If so, what is the best implementation strategy

Jim Shaffner, PE, Project Manager Questions Contact Information: Jim Shaffner, PE, Project Manager James.shaffner@nrc.gov 301-415-5496