Technical Assistance Request, Statements of Intent by Government "Controlled" Entities

HPPOS-315 PDR-9306250281

See the memorandum from J. E. Glenn to R. R. Bellamy dated February 27, 1991.

This NMSS memo responds to a technical assistance request (TAR) from Region I for guidance on how to determine whether a university or hospital may use a statement of intent to fulfill its financial assurance requirement as specified in 10 CFR 30.35, 10 CFR 40.36, and 10 CFR 70.25. HPPOS-269 contains a related topic.

The TAR was referred to the Division of Low-Level Waste Management and Decommissioning who provided the following guidance.

1. If an institution is identified as a "public institution" in either the "Directory of Post Secondary Institutions" or the "American Hospital Association Guide to the Health Care Field," then that institution is assumed to be controlled by a government agency.

2. The government agency may provide all or part of the financial assurance.

3. If the government agency uses a statement of intent to provide all or part of the financial assurance, the statement must be signed by a person authorized to make the guarantee.

4. If the government agency provides only part of the required assurance, the remainder of the required assurance must be covered by an acceptable mechanism.

Regulatory references: 10 CFR 30.35, 10 CFR 40.36, 10 CFR 70.25

Subject codes: 5.8, 12.13

Applicability: Byproduct, Source, and Special Nuclear Materials