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LICENSEE EVICTION DISCUSSION

LICENSEE EVICTION DISCUSSION Mike Welling (Director, Virginia Radioactive Materials Program) Dan Collins (Deputy Director, Division of Nuclear Materials Safety, Region 1). Background. The licensee is authorized for possession, use and storage at two locations.

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LICENSEE EVICTION DISCUSSION

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  1. LICENSEE EVICTION DISCUSSION Mike Welling (Director, Virginia Radioactive Materials Program) Dan Collins (Deputy Director, Division of Nuclear Materials Safety, Region 1)

  2. Background • The licensee is authorized for possession, use and storage at two locations. • One location is owned by the licensee • The second location is subdivided into separate bays of which the licensee owns two and rented two.

  3. Background • On October 1, 2011 the licensee was notified that the property they were renting was being foreclosed on October 18th. • On October 18th a local bank took ownership of the property. • On November 8, 2011 the licensee received a letter notifying them that the bank was providing them 5 business days to vacate the premises.

  4. Background • On November 11, 2011 the licensee responded to the bank that they would not be able to vacate the premises by the 14th. • On November 14, 2011 the licensee contacted the Virginia Radioactive Materials Program (RMP) informing us that a storage location listed on their license had been foreclosed upon and a local bank had purchased the property.

  5. The NRC was also notified as they maintained regulatory control of security at this location. On November 18th, the Bank filed a lawsuit in local court to evict the licensee. On December 27th, the licensee filed a motion to “quash”. On January 6, 2012 the licensee submitted paperwork to the court regarding possession and ownership of radioactive material. Background

  6. Background • On January 13th DRH received an amendment request to add a new storage location to their license. • On January 17th the license was amended adding the new storage location. • On January 17th both parties attended a motion hearing. • The hearing was continued to January 26th.

  7. Background • January 2012: licensee expanded the storage vault in their other bay to accommodate material from the location that they were being evicted from. • On January 23, 2012, NRC inspected the expanded bay and approved of its use.

  8. Background • On January 26th, the court decided in favor of the bank. The court ordered that February 6th be the effective date. • On February 6th RMP staff performed a survey of the bay and took wipe samples which were analyzed.

  9. Background • On February 7th, RMP received an amendment request from the licensee to remove the bay from their license. • On February 8th, RMP removed the bay and provided a copy of the license to the bank.

  10. Issues • Current regulations do not require an applicant to submit a copy of the lease/rental agreement. • Current guidance does not address lease/rental agreements or eviction.

  11. Issues • Depending on type/quantity of material: • New RAMQC Orders may be needed to move material to new location • Decommissioning Plan, cleanup, & surveys might be needed • Need to ensure that appropriate security measures are in place at new location • NRC/Agreement State participation in court hearings to discuss regulations and licensing.

  12. QUESTIONS?

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