N.C. Department of Environment and Natural Resources
mainbar.jpg (4175 bytes)

Radioactive Materials Branch
Licensing Guidance

mainbar.jpg (4175 bytes)

 Line separating banner and navigation links from content
Financial Assurance for Decommissioning Information

 

The North Carolina Regulations for Protection Against Radiation require that certain licensees submit financial assurance for decommissioning to the agency.  These regulations (outlined below) are designed to protect the public health and safety and the environment.  This is accomplished by securing funding from the license to cover or offset the cost of decommissioning activities at the location(s) of use listed in the license. 

Please note that ALL new applications and renewal applications MUST contain information from the applicant that they have performed the calculations required by the Regulations and either do or do not have to submit financial assurance information.

Not every licensee will need to submit financial assurance information to the agency.  The need to submit financial assurance information is driven by the physical half-life of the radioactive materials on the license (or requested in the application), the licensed (or requested) possession limit, and the physical form of those materials.

This step in the licensing process can be a lengthy one.  It normally involves not only the Radiation Safety Officer, but usually the licensee's financial and legal personnel as well.  The guidance listed below is designed to assist the licensee in:

(1) providing the applicable regulations governing financial assurance requirements;
(2) determining whether or not financial assurance is applicable for their license;
(3) giving licensees "boilerplate" language for certain surety methods.

Click on the appropriate topic for additional information

Applicable Regulations Financial Assurance Worksheet [UNDER CONSTRUCTION - PLEASE CHECK AGAIN LATER]
.0104, .0353, .0354, .0355, .1629, .1642 Sample Surety Documents

Top.gif (1234 bytes) Top of Page

 

 

 

Sample Surety Documents
The agency, in conjunction with the N.C. Attorney General's Office, has developed the documents listed below.  These documents are designed to give licensees "boilerplate" language for those surety methods.  If the licensee or applicant so chooses, they may use the language as presented in the boilerplate and simply "fill in the blanks" in the document.  Since these documents were developed with the assistance of the Attorney General's Office, they are acceptable to the agency "as is."

These documents are not required to be used in their present form.  Should a licensee or applicant decide that they need to make changes (either additions or deletions) to the documents, they may do so.  However, it should be noted that the agency would require a "strikethrough/underline" draft of the document to allow for a more timely review.

The agency STRONGLY ENCOURAGES the licensee to submit a "draft" of any surety document to the agency for review prior to obtaining the necessary signatures.   Should the agency find issues with the draft, these can be easily rectified before the instrument is executed.

If the licensee or applicant submits financial information that they deem to be confidential, this information MUST BE CLEARLY MARKED AS CONFIDENTIAL.  Additionally, the agency reserves the right to review any licensee's claim to confidentiality if it finds the need to do so.  PLEASE NOTE that if the agency (in conjunction with an Assistant Attorney General) determines that the information does NOT need to be maintained as "Confidential," the licensee will be notified of the finding in writing  by the agency.  The licensee then can either (1) request that the information be returned to them or (2) allow the agency to treat the information as a public record.

NOTE:  Unless otherwise noted, the information provided below is in Word97 () formatting.

 

10 CFR 20 Appendix C Financial Assurance Worksheet (Excel97)
Trust Agreement Standby Trust Agreement
Escrow Agreement Negotiable Certificate of Deposit
Non-negotiable Certificate of Deposit Payment Surety Bond
Irrevocable Standby Letter of Credit Statement of Intent
Top.gif (1234 bytes) Top of Page
Last Modified:  28 January 2008
 Line separating content from footer