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.

• One location is owned by the licensee• The second location is subdivided into

separate bays of which the licensee owns two and rented two.

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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.

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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.

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Background• 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• 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.

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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.

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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.

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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.

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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.

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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.

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QUESTIONS?

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