A site will be considered acceptable for license termination under restricted conditions if all of the following conditions are met:
  (1) The licensee can demonstrate that further reductions in residual radioactivity would result in net public or environmental harm or were not being made because the residual levels associated with restricted conditions are as low as reasonably achievable (ALARA). Determination of the levels which are ALARA must take into account consideration of any detriments expected to potentially result from decontamination and waste disposal (e.g. traffic accidents);
  (2) The licensee has made provisions for legally enforceable institutional controls that provide reasonable assurance that the total effective dose equivalent (TEDE) from residual radioactivity distinguishable from background to the average member of the critical group will not exceed 25 mrem (0.25mSv) per year;
  (3) The licensee has provided sufficient financial assurance to enable an independent third party, including a governmental custodian of a site, to assume and carry out responsibilities for any necessary control and maintenance of the site. Acceptable financial assurance mechanisms are those in Chapter 37, Subchapter S of this title (relating to Financial Assurance for Radioactive Material), or Chapter 37, Subchapter T of this title (relating to Financial Assurance for Near-Surface Land Disposal of Low- Level Radioactive Waste);
  (4) The licensee has submitted a decommissioning plan to the commission indicating the licensee's intent to decommission and specifying that the licensee intends to decommission by restricting use of the site. The licensee shall document in the decommissioning plan how the advice of individuals and institutions in the community who may be affected by the decommissioning has been sought and incorporated, as appropriate, following analysis of that advice.
    (A) Licensees proposing to decommission by restricting use of the site shall seek advice from affected parties regarding the following matters concerning the proposed decommissioning.
      (i) Whether provisions for institutional controls proposed by the licensee:
        (I) will provide reasonable assurance that the TEDE from residual radioactivity distinguishable from background to the average member of the critical group will not exceed 25 mrem (0.25 mSv) TEDE per year;
        (II) will be enforceable; and
        (III) will not impose undue burdens on the local community or other affected parties.
      (ii) Whether the licensee has provided sufficient financial assurance to enable an independent third party, including a governmental custodian of a site, to assume control and maintenance of the site.
    (B) In seeking advice on the issues identified in subparagraph (A) of this paragraph, the licensee shall provide for:
      (i) participation by representatives of a broad cross section of community interests who may be affected by the decommissioning;
      (ii) an opportunity for a comprehensive, collective discussion on the issues by the participants represented; and
      (iii) a publicly available summary of the results of all discussions, including a description of the individual viewpoints of the participants on the issues and the extent of agreement and disagreement among the participants on the issues; and
  (5) Residual radioactivity at the site has been reduced so that if the institution controls were no longer in effect, there is reasonable assurance that the TEDE from residual radioactivity distinguishable from background to the average member of the critical group is ALARA and would not exceed either:
    (A) 100 mrem (1 mSv) per year; or
    (B) 500 mrem (5 mSv) per year provided the licensee:
      (i) demonstrates that further reductions in residual radioactivity necessary to comply with the 100 mrem/y (1 mSv/y) value of subparagraph (A) of this paragraph are not technically achievable, would be prohibitively expensive, or would result in net public or environmental harm;
      (ii) makes provisions for durable institutional controls; and
      (iii) provides sufficient financial assurance to enable a responsible government entity or independent third party, including a governmental custodian of a site, both to carry out periodic rechecks of the site no less frequently than every five years to assure that the criteria of §336.603(a) of this title (relating to Radiological Criteria for Unrestricted Use) are met and to assume and carry out responsibilities for any necessary control and maintenance of those controls. Acceptable financial assurance mechanisms are those in Chapter 37, Subchapter S of this title, or Chapter 37, Subchapter T of this title.

Source Note: The provisions of this §336.607 adopted to be effective September 3, 1998, 23 TexReg 8837; amended to be effective March 21, 2000, 25 TexReg 2397; amended to be effective September 14, 2000, 25 TexReg 8989