10A NCAC 15 .0353         FINANCIAL ASSURANCE AND RECORD‑KEEPING FOR DECOMMISSIONING

(a)  Applications for a new license filed with the agency under Rule .0317 of this Section, and applications for the renewal of a license filed with the agency under Rule .0340 of this Section, shall include an evaluation of the need for financial assurance based upon the quantity of radioactive material requested in the application.

(b)  Applications for amendment of a license filed with the agency under Rule .0341 of this Section, changing the quantity of radioactive material authorized for possession by a licensee, shall include an evaluation of the need for financial assurance based upon the quantity of radioactive material that shall be authorized by the amended license.

(c)  Evaluation of the need for financial assurance shall be performed by the applicant based upon the type of application listed in Paragraph (a) or (b) of this Rule, using one or more the methods shown in Paragraph (d) of this Rule.

(d)  Applicants shall require financial assurance to possess the following types and quantities of radioactive material:

(1)           byproduct material in the quantities shown in 10 CFR 30.35(a) or (b);

(2)           source material in the quantities shown in 10 CFR 40.36(a) or (b); and

(3)           special nuclear material in the quantities shown in 10 CFR 70.25(a)(2) or (b).

(e)  Applicants requiring financial assurance shall:

(1)           comply with the provisions of 10 CFR 30.35(c) for the possession of byproduct material;

(2)           comply with the provisions of 10 CFR 40.36(c) for the possession of source material; and

(3)           comply with the provisions of 10 CFR 70.25(c) for the possession of special nuclear material.

(f)  Notwithstanding Rule .0117 of this Chapter, the regulations cited in this Rule from 10 CFR Chapter I (2015) are hereby incorporated by reference, excluding subsequent amendments and editions. Copies of these regulations are available free of charge at http://www.ecfr.gov/cgi-bin/text-idx?SID=2beeece594411a03e50b2468ae31f89b&pitd=20160101&tpl=/ecfrbrowse/Title10/10tab_02.tpl.

History Note:        Authority G.S. 104E‑7; 104E‑18;

Eff. May 1, 1992;

Amended Eff. May 1, 2006; April 1, 1999; August 1, 1998; January 1, 1994;

Transferred and Recodified from 15A NCAC 11 .0353 Eff. February 1, 2015;

Amended Eff. March 1, 2017.