U.S. Nuclear Regulatory Commission

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

HPPOS-315 PDR-9306250281

Title: Technical Assistance Request, Statements of Intent

by Government "Controlled" Entities

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