DHS 157.15DHS 157.15Financial assurance and records for decommissioning.
DHS 157.15(1)(1)Financial assurance requirement for a specific license.
DHS 157.15(1)(a)(a) Unsealed radioactive material, sealed sources or plated foils. A person applying for a specific license authorizing the possession and use of unsealed radioactive material, sealed sources or plated foils shall submit a decommissioning funding plan as described in sub. (5) with the license application for any of the following types of materials:
DHS 157.15(1)(a)1.1. Unsealed radioactive material with a half-life greater than 120 days and in quantities greater than 105 times the applicable quantities listed in ch. DHS 157 Appendix I.
DHS 157.15(1)(a)2.2. Unsealed radioactive material with a half-life greater than 120 days involving a combination of isotopes with R divided by 105 being greater than one, where R is defined as the sum of the ratios of the quantity of each isotope to the applicable value in ch. DHS 157 Appendix I.
DHS 157.15(1)(a)3.3. Sealed sources or plated foils with a half-life greater than 120 days and in quantities greater than 1012 times the applicable quantities listed in ch. DHS 157 Appendix I.
DHS 157.15(1)(a)4.4. Sealed sources or plated foils with a half-life greater than 120 days involving a combination of isotopes with R divided by 1012 being greater than one, where R is defined as the sum of the ratios of the quantity of each isotope to the applicable value in ch. DHS 157 Appendix I.
DHS 157.15(1)(b)(b) Other radioactive material. A person applying for a specific license authorizing the possession and use of radioactive material not covered by par. (a) with a half-life greater than 120 days and in quantities specified in sub. (4) shall do either of the following:
DHS 157.15(1)(b)1.1. Submit a decommissioning funding plan as described in sub. (5).
DHS 157.15(1)(b)2.2. Submit a written certification, signed by the chief financial officer or other individual designated by management to represent the licensee, that financial assurance has been provided in the amount prescribed in sub. (4) using one of the methods described in sub. (5) and a signed original of the financial instrument obtained to satisfy the requirements of sub. (6). The written certification may state that the appropriate assurance will be obtained after the application has been approved and the license issued by the department but before receipt of radioactive material by the applicant. If the applicant defers execution of the financial instrument until after the license has been issued, the applicant shall submit to the department a signed original of the financial instrument obtained before receipt of licensed material. If the applicant does not defer execution of the financial instrument, the applicant shall submit to the department, as part of the certification, a signed original of the financial instrument obtained to satisfy the requirements of sub. (6).
DHS 157.15(2)(2)Exemptions. The following are exempt from the requirements of this section:
DHS 157.15(2)(a)(a) A state, local or other government agency, except for a government agency licensed to handle or process radioactive waste.
DHS 157.15(2)(b)(b) A person authorized to possess only radioactive materials with a half-life of 65 days or less.
DHS 157.15(2)(c)(c) Other persons exempted by the department based on a review of the license application.
DHS 157.15(3)(3)Implementation.
DHS 157.15(3)(a)(a) A person who possesses a specific license authorizing the possession and use of radioactive material issued on or after the effective date of August 1, 2002, which is of a type described in sub. (1), shall provide financial assurance for decommissioning under this section.
DHS 157.15(3)(b)(b) A person who possesses a specific license issued before the effective date of August 1, 2002, shall do one of the following:
DHS 157.15(3)(b)1.1. For a license authorizing the use of radioactive material meeting the criteria of sub. (1) (a), submit a decommissioning funding plan as described in sub. (5) and a certification of financial assurance for at least $1,125,000, under the criteria in sub. (4), with any application for license renewal.
DHS 157.15(3)(b)2.2. For a license authorizing the use of radioactive material meeting the criteria of sub. (1) (b), submit a decommissioning funding plan as described in sub. (5) or a certification of financial assurance for decommissioning according to the criteria of sub. (4) with any application for license renewal.
DHS 157.15(3)(c)(c) The term of the financial assurance shall be from the issuance or renewal of the license until the department terminates the license.
DHS 157.15(3)(d)(d) A licensee’s financial assurance arrangements may be reviewed by the department to recognize any increases or decreases resulting from inflation or deflation, changes in engineering plans, activities performed or any other condition affecting costs for decommissioning to ensure that sufficient funding is available to cover liability that remains until license termination.
DHS 157.15(4)(4)Required amounts for financial assurance.
DHS 157.15(4)(a)(a) A licensee shall provide the following minimum amounts of financial assurance for decommissioning, unless otherwise specified by the department:
DHS 157.15(4)(a)1.1. One million one hundred twenty-five thousand dollars if the quantity of material is greater than 104 but less than or equal to 105 times the applicable quantities of ch. DHS 157 Appendix I in unsealed form. For a combination of isotopes, R divided by 104 is greater than one but R divided by 105 is less than or equal to one.
DHS 157.15(4)(a)2.2. Two hundred twenty-five thousand dollars if the quantity of material is greater than 103 but less than or equal to 104 times the applicable quantities of ch. DHS 157 Appendix I in unsealed form. For a combination of isotopes, R divided by 103 is greater than one but R divided by 104 is less than or equal to one.
DHS 157.15(4)(a)3.3. One hundred thirteen thousand dollars if the quantity of material is greater than 1010 but less than or equal to 1012 times the applicable quantities of ch. DHS 157 Appendix I in sealed sources or plated foils. For a combination of isotopes, R divided by 1010 is greater than one but R divided by 1012 is less than or equal to one.
DHS 157.15(4)(b)(b) The department may eliminate, reduce or raise the required amount of financial assurance under par. (a) for an individual applicant or licensee based on the cost estimate for decommissioning included in the decommissioning funding plan required under sub. (5) (a).
DHS 157.15(5)(5)Decommissioning funding plan.
DHS 157.15(5)(a)(a) A decommissioning funding plan shall be submitted to the department for review and approval and shall include all the following information: