N.H. Code Admin. R. He-P 4030.09 – Specific Licenses, Requirements for Issuance

(a) A specific license application shall be approved if DHHS/RHS determines that:
1. (1) The applicant is qualified by reason of training and experience to use the material in question for the purpose requested in accordance with these rules in such a manner as to protect the public health and minimize danger to life or property;
2. (2) The applicant’s proposed equipment, facilities, calibration and all other procedures are adequate to minimize danger to protect the public health and minimize danger to life or property;
3. (3) The applicant satisfies any applicable special requirements in He-P 4031 through He-P 4036 and He-P 4039, and Nuclear Regulatory Commission 10 CFR 37; and
4. (4) In the case of an application for a license to receive and possess byproduct material for commercial waste disposal by land burial, the applicant shall satisfy any applicable special requirements in He-P 4023 and He-P 4062.
(b) In the case of an application for a license to receive and possess byproduct material to conduct any activity which DHHS/RHS determines might negatively affect the quality of the environment, the license application for the facility in which the activity will be conducted shall be reviewed and approved by DHHS/RHS before commencement of construction of the plant or the plant or facility in which the activity will be conducted.
1. (1) Non-construction activities if the activity has a reasonable nexus to radiological safety and security, any clearing of land, excavation, or other substantial action that would adversely affect the environment;
2. (2) The installation of a foundation, or in-place assembly, erection, fabrication, or testing for any structure, system, or component of a facility or activity subject to He-P 4030.09(b) that have a reasonable nexus to radiological safety or security; and
3. (3) Building necessary roads for site exploration, making borings to determine foundation conditions, or performing other preconstruction monitoring or testing to establish background information related to the suitability of the site or the protection of environmental values.
Commencement of construction shall include:
(c) Issuance of a specific license authorizing the activities of He-P 4030.09(b) shall be based upon a consideration by DHHS/RHS of the environmental, economic, technical, and other benefits in comparison with the environmental costs available alternatives and a determination that the action called for is the issuance of the proposed license, with any appropriate conditions to protect environmental values.
(d) Commencement of construction in violation of He‑P 4030.09(b) prior to review and approval by DHHS/RHS, shall be grounds for denial of a license to receive and possess byproduct material in such plant or facility.
(e) Each applicant for a specific license authorizing the possession and use of special nuclear material, source material, or unsealed byproduct material in quantities and amounts in excess of those indicated in Table 4030.2 below shall submit a decommissioning funding plan.
Table 4030.2 Quantities and Amounts Requiring Decommissioning Funding Plan
Type of Material
Exceeding
Special Nuclear Material
10⁵ times He‑P 4091
Source Material
100 millicuries in readily dispersible form
Byproduct Material (Unsealed)
Half-life greater than 120 days and in quantities exceeding 10⁵ times the applicable quantities set forth in He‑P 4091
(f) The decommissioning funding plan shall be submitted when a combination of isotopes is involved, if R divided by 105 is greater than 1, where R is the sum of the ratios of quantity of each isotope to the applicable value in He‑P 4091.
(g) Each applicant for or holder of a specific license authorizing possession and use of special nuclear material, sealed sources, or plated foils of half-life greater than 120 days and 1012 times the applicable quantities (or when a combination of isotopes is involved if R, as defined in He-P 4030.09(f), divided by 1012 is greater than 1) indicated in Table 4030.3 shall:
1. (1) Submit to DHHS/RHS a decommissioning funding plan as described in He-P 4030.09(i); or
2. (2) Submit to DHHS/RHS a certification that financial assurance for decommissioning shall be provided in the amount prescribed by Table 4030.3 below using one of the methods described in He-P 4030.09(j); and
3. (3) Submit to DHHS/RHS as a part of the certification, a copy of the financial instrument obtained to satisfy the requirement of He‑P 4030.09(j).
4. (4) If, in surveys made under He-P 4022.01(a), residual radioactivity in the facility and environment, including the subsurface, is detected at levels that would, if left uncorrected, prevent the site from meeting the He-P 4024.09(a) criteria for unrestricted use, the licensee shall submit a decommissioning funding plan within one year of when the survey is completed.
  Table 4030.3 Financial Assurance Amounts for Decommissioning
  Type of
  Radioactive
  Material
  Exceeding
  Assurance
  Amount
  Special Nuclear
  Material
  Greater than 10⁴ but less than or equal to 10⁵ times the applicable quantities as indicated in He-P 4091. For a combination of isotopes, if R, as defined in He-P 4030.09(f) 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 as indicated in He-P 4091. For a combination of isotopes, if R, as defined in He-P 4030.09(f) divided by 10³ is greater than 1 but R divided by 10⁴ is less than or equal to 1.
  $225,000
  Source Material
  Greater than 10 millicuries but less than or equal to 100 millicuries in a readily dispersible form. For a combination of isotopes, if R, as defined in He‑P 4030.09(f) divided by 10³ is greater than 1 but R divided by 10⁴ is less than or equal to 1.
  $113,000
  Byproduct Material
  Half-life greater than 120 days and in quantities:
  Greater than 10⁴ but less than or equal to 10⁵ times applicable quantities in unsealed form as indicated in He-P 4091. For a combination of isotopes, if R, as defined in He-P 4030.09(f) 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 in unsealed form as indicated in He-P 4091. For a combination of isotopes, or if R, as defined in He-P 4030.09(f) divided by 10³ is greater than 1 but R divided by 10⁴ is less than or equal to 1.
  $225,000
  Greater than 10¹⁰ but less than or equal to 10¹²times the applicable quantities in sealed sources or plated sources. For a combination of isotopes, if R, as defined in He‑P 4030.09(f) divided by 10¹⁰ is greater than 1, but R divided by 10¹² is less than or equal to 1.
  $113,000
(h) Certification shall state that the appropriate assurance shall be obtained after the application has been approved and the license issued but prior to the receipt of licensed material.
(i) Each decommissioning funding plan shall be submitted for review and approval by DHHS/RHS, and shall contain a detailed cost estimate for decommissioning, and a description of the method of assuring funds for decommissioning including a means of adjusting cost estimates and associated funding levels over the life of the facility as set forth below:
1. (1) A detailed cost estimate for decommissioning shall be in an amount reflecting:
  1. a. The cost of an independent contractor to perform all decommissioning activities;
  2. b. The cost of meeting the He-P 4024.09 criteria for unrestricted use, provided that if the applicant or licensee can demonstrate its ability to meet the provisions of He-P 4024.10, the cost estimate may be based on meeting the He-P 4024.10 criteria;
  3. c. The volume of onsite subsurface material containing residual radioactivity that will require remediation to meet the criteria for license termination; and
  4. d. An adequate contingency factor pursuant to 10 CFR 30.35(e)(1)(i)(D);
2. (2) Identification of and justification for using the key assumptions contained in the decommissioning cost estimate;
3. (3) A description of the method of assuring funds for decommissioning from He-P 4030.09(j), including means for adjusting cost estimates and associated funding levels periodically over the life of the facility;
4. (4) A certification by the licensee that financial assurance for decommissioning has been provided in the amount of the cost estimate for decommissioning;
5. (5) A signed original financial instrument obtained to satisfy the requirements of He-P 4030.09(j), unless a previously submitted and accepted financial instrument continues to cover the cost estimate for decommissioning; and
6. (6) At intervals not to exceed 3 years, the decommissioning funding plan shall be resubmitted with adjustments as necessary to account for changes in costs and the extent of contamination;
  1. a. The amount of financial assurance shall not be adjusted downward, until the updated decommissioning funding plan is approved; and
  2. b. The decommissioning funding plan shall update the information submitted with the original, or prior approved plan, and shall specifically consider the effect of the following events on decommissioning costs:
    1. 1. Spills of radioactive material producing additional residual radioactivity in onsite subsurface material;
    2. 2. Waste inventory increasing above the amount previously estimated;
    3. 3. Waste disposal costs increasing above the amount previously estimated;
    4. 4. Facility modifications;
    5. 5. Changes in authorized possession limits;
    6. 6. Actual remediation costs that exceed the previous cost estimate;
    7. 7. Onsite disposal; and
    8. 8. Use of a settling pond; and
7. (7) Waste collectors and waste processors, also known as waste handling licensees as defined in He-P 4003.01, shall provide financial assurance in an amount based on a decommissioning funding plan as described in He-P 4030.09(i)(1). The decommissioning funding plan shall include:
  1. a. The cost of disposal of the maximum quantity, by volume, of radioactive material which could be present at the licensee’s facility at any time; and
  2. b. The cost to remediate the licensee’s site to meet the license termination criteria of He-P 4030.17.
(j) The financial instrument shall include the licensee’s name, license number, and the name, address, and other contact information of the issuer, and, if a trust is used, the name, address and other contact information of the trustee. When any of the foregoing information changes the licensee shall, within 30 days, submit the financial instruments reflecting such changes. The financial instrument shall be a signed original or signed original duplicate, except where a copy of the signed original is specifically permitted. Financial assurance for decommissioning shall be provided by any one or more of the following methods:
1. (1) Prepayment;
2. (2) A surety method or insurance;
3. (3) An external sinking fund;
4. (4) Any other funding methods which shall be demonstrated by the applicant or licensee to provide comparable assurance to methods listed in He-P 4030.09(g)(1) through (3); and
5. (5) In the case of state, or local government licensees, a statement of intent containing a cost estimate for decommissioning or an amount based on Table 4030.3, and indicating that funds for decommissioning shall be obtained when necessary.
(k) The prepayment method in He-P 4030.09(j)(1) above shall be:
1. (1) In the form of a trust, escrow account, government fund, certificate of deposit, or deposit of government securities;
2. (2) Deposited prior to the start of operation into an account segregated from licensee assets and outside the licensee’s administrative control of cash or liquid assets that will retain their value over the projected operating life of the facility; and
3. (3) In an amount such that the principal plus accumulated earnings shall be sufficient to pay the necessary costs.
(l) The surety method or insurance in He-P 4030.09(j)(2) above shall be in the form of a surety bond, letter of credit, line of credit, secured interest or other guarantee method such that the costs shall be paid should the licensee default.
(m) Any surety or insurance under He-P 4030.09(l) shall contain the following conditions:
1. (1) The surety or insurance shall be open-ended or, if written for a specified term, such as 5 years, shall be renewed automatically unless 90 days or more prior to the renewal date, the issuer notifies DHHS/RHS, the trust account, and the licensee of its intention not to renew;
2. (2) The surety or insurance shall provide that the beneficiary may automatically collect prior to the expiration without proof of forfeiture if the licensee fails to provide a replacement acceptable to DHHS/RHS within 30 days after receipt of notification of cancellation;
3. (3) The beneficiary of the surety or insurance shall be a trust account and trustee such as a state or federal government agency or entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a federal or state agency; and
4. (4) The surety or insurance shall remain in effect until DHHS/RHS has terminated the license.
(n) An external sinking fund in He-P 4030.09(j)(3) shall be:
1. (1) In the form of a trust, escrow account, government fund, certificate of deposit or deposit of government securities;
2. (2) Established and maintained by the periodic deposit of a prescribed amount into an account segregated from licensee assets and outside the licensee’s administrative control;
3. (3) In a total amount for which the periodic deposits plus accumulated earnings shall be sufficient to pay the necessary costs at the time termination of operation is expected;
4. (4) Deposited to at least annually; and
5. (5) Coupled with a surety method or insurance, the value of which may decrease by the amount being accumulated in the sinking fund.
(o) Each person licensed under He-P 4030 shall keep records of information important to the safe and effective decommissioning of the facility in a specific location reserved for this purpose until the site is released for unrestricted use and the license terminated by DHHS/RHS.
(p) If records of relevant information are kept for other purposes, reference to these records and their locations shall be allowed to be kept with the records for decommissioning.
(q) Records important to decommissioning shall consist of:
1. (1) Records of spills or other unusual occurrences involving the spread of contamination in and around the facility, equipment, or site, which may be limited to instances:
  1. a. When contamination remains after any cleanup procedures; or
  2. b. When there is reasonable likelihood that contaminants may have spread to inaccessible areas such as seepage into porous materials such as concrete;
2. (2) Information on identification of involved radionuclides, quantities, chemical and physical forms, and concentrations, if known;
3. (3) As-built drawings and modifications of structures and equipment in restricted areas where byproduct materials are used or stored, and of locations of possible inaccessible contamination such as buried pipes, but if drawings are not available, the licensee shall substitute appropriate records of available information concerning these areas and locations;
4. (4) Except for areas containing only sealed sources, provided the sealed sources have not leaked or no contamination remains after any leak, or radioactive material having only half lives of less than 65 days, a list contained in a single document and updated every 2 years, of the following:
  1. a. All areas designated and formerly designated restricted areas as defined in He-P 4003;
  2. b. All areas outside of restricted areas that require documentation under He-P 4030.09(q);
  3. c. All areas outside of restricted areas where current and previous wastes have been buried as documented under He-P 4021.09; and
  4. d. All areas outside of restricted areas that contain material such that, if the license expired, the licensee would be required to either decontaminate the area to meet the criteria for decommissioning in He-P 4024, or apply for approval for disposal under He-P 4023.02; and
5. (5) Records of the cost estimate performed for the decommissioning funding plan or of the amount certified for decommissioning, and records of the funding method used for assuring funds if either a funding plan or certification is used.
(r) Before licensed activities are transferred or assigned in accordance with He-P 4030.15, licensees shall transfer all records required by He-P 4030.09(o) to the new licensee, and the new licensee shall be responsible for maintaining these records until the license is terminated.
(s) Each license issued or granted pursuant to He-P 4030.09, He-P 4031 through He-P 4036, and He-P 4039 shall be subject to all the provisions of the RSA 125-F, as amended, now or hereafter in effect, and to all valid rules, regulations and orders of DHHS/RHS.
(t) No license issued or granted pursuant to He-P 4030.09, He-P 4031 through He-P 4036, and He-P 4039 of this regulation nor any right under a license shall be transferred, assigned or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of any license to any person, unless DHHS/RHS shall after securing full information find that the transfer is in accordance with RSA 125-F, and shall give its consent in writing.
(u) In providing financial assurance under He-P 4030.09, each licensee shall use the financial assurance funds only for decommissioning activities and each licensee shall monitor the balance of funds held to account for market variations. The licensee shall replenish the funds, and report such actions to DHHS/RHS, as follows:
1. (1) If, at the end of a calendar quarter, the fund balance is below the amount necessary to cover the cost of decommissioning, the licensee shall increase the balance to cover the cost, and shall do so within 30 days after the end of the calendar quarter;
2. (2) If at any time, the fund balance falls below 75 percent of the amount necessary to cover the cost of decommissioning, the licensee shall increase the balance to cover the cost, and shall do so within 30 days of the occurrence; and
3. (3) Within 30 days of taking the actions required by He-P 4030.09(u)(1) or (u)(2) above the licensee shall provide a written report of such actions to DHHS/RHS, and state the new balance of the fund.

Source. (See Revision Note at part heading for He-P 4030) #6942, eff 2-1-99; amd by #8488, eff 11-18-05; amd by #8800, INTERIM, eff 2-1-07, EXPIRED: 7-31-07 New. #8959, eff 8-7-07; ss by #10896, INTERIM, eff 7-22-15, EXPIRES: 1-18-16; ss by #11006, eff 1-15-16