Information Notice 1994-47, Accuracy of Information Provided to NRC During the Licensing Process

Accuracy of Information Provided to NRC During the Licensing Process

ML031070003
Person / Time
Site:	Beaver Valley, Millstone, Hatch, Monticello, Calvert Cliffs, Dresden, Davis Besse, Peach Bottom, Browns Ferry, Salem, Oconee, Nine Mile Point, Palisades, Palo Verde, Perry, Indian Point, Fermi, Kewaunee, Catawba, Harris, Wolf Creek, Saint Lucie, Point Beach, Oyster Creek, Watts Bar, Hope Creek, Grand Gulf, Cooper, Sequoyah, Byron, Pilgrim, Arkansas Nuclear, Three Mile Island, Braidwood, Susquehanna, Summer, Prairie Island, Columbia, Seabrook, Brunswick, Surry, Limerick, North Anna, Turkey Point, River Bend, Vermont Yankee, Crystal River, Haddam Neck, Ginna, Diablo Canyon, Callaway, Vogtle, Waterford, Duane Arnold, Farley, Robinson, Clinton, South Texas, San Onofre, Cook, Comanche Peak, Yankee Rowe, Maine Yankee, Quad Cities, Humboldt Bay, La Crosse, Big Rock Point, Rancho Seco, Zion, Midland, Bellefonte, Fort Calhoun, FitzPatrick, McGuire, LaSalle, Fort Saint Vrain, Shoreham, Satsop, Trojan, Atlantic Nuclear Power Plant
Issue date:	06/21/1994
From:	Paperiello C NRC/NMSS/IMNS
To:
References
IN-94-047, NUDOCS 9406140282
Download: ML031070003 (19)

UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS

WASHINGTON, D.C. 20555 June 21, 1994 NRC INFORMATION NOTICE 94-47: ACCURACY OF INFORMATION PROVIDED

TO NRC DURING THE LICENSING PROCESS

Addressees

All U.S. Nuclear Regulatory Commission Material Licensees.

Purpose

The Nuclear Regulatory Commission (NRC) is issuing this Information Notice to

notify addressees of the importance of submitting accurate information during

the licensing process. It is expected that recipients will review the

information for applicability to their facilities and consider actions, as

appropriate, to avoid similar problems. However, suggestions contained in

this Information Notice are not new NRC requirements; therefore, no specific

action nor written response is required.

Description of Circumstances

NRC statutory authority allows NRC to issue licenses for the use, possession, transfer, receipt, and distribution of byproduct material. When a license

application is approved, NRC issues a specific license that authorizes the use

of byproduct material in accordance with the program described in the

application.

There have been applications submitted to NRC that did not specify the status

of the construction of the facility, or stated that the facility was under

construction, when, in fact, it was not. In two cases, the applicants had

stated in the application that the facilities were ".. being finished at this

time." In another case, after a license was issued to the applicant, NRC

subsequently discovered that the facility, as described in the application as

the place of possession and use of radioactive material, had not been

constructed, and that the facility's proposed address was actually the

applicant's private residence.

NRC is stressing the importance of submitting complete and accurate

information to NRC in the licensing process. The nature and status of the

applicant's proposed facility are material matters in determining whether a

license to use byproduct material should be issued to an applicant.

Discussion

The general rules governing domestic licensing of byproduct material are

contained in 10 CFR Part 30. Section 30.33, "General requirements for

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IN 94-47 June 21, 1994 issuance of specific licenses," requires, among other things, that the

proposed equipment and facilities be adequate to protect health and minimize

danger to life and property. NRC staff anticipates, and as a matter of

practice encourages, license applicants to delay completion of facilities and

acquisition of equipment until after the review of the application is

completed. This allows for cost-effective safety improvements in the

applicant's facilities and equipment when indicated as a result of NRC's

technical review. It also ensures the adequacy of the facilities and

equipment before significant financial investment by the applicant. However, the actual status of the facility must be correctly represented, and the

applicant may not possess and use licensed material until the approved

facilities are completed and equipment procured.

Once a license is granted, construction of facilities, acquisition of

equipment, and possession and use of licensed material may depend on further

business, financial, and technical decisions. However, the operational

facility must be as described in the license application. If, during the

licensing process, a decision is made to change the facility location or

design, a revision to the license application must be submitted. After the

license has been issued, changes to the facility location or design require

that an application for a license amendment be submitted and approved before

obtaining and using radioactive material at the facility.

As specified in 10 CFR 30.36(b), NRC requires licensees to notify the

Commission promptly, in writing, and request termination of the license when

the licensee decides to terminate all activities involving materials

authorized under the license. NRC does not typically renew a license under

which authorized material has never been possessed or used.

A license is granted for the purposes specified in an application, based upon

the understanding that the applicant intends to use the license for those

purposes. A license is not granted to serve purposes other than the use, possession, transfer, receipt, and/or distribution of byproduct material

(e.g. solely as a credential).

Section 30.9 of 10 CFR Part 30 states that, "Information provided to the

Commission by an applicant for a license or by a licensee or information

required by statute or by the Commission's regulations, orders, or license

conditions to be maintained by the applicant or the licensee shall be complete

and accurate in all material respects." Depending upon the circumstances, violations of this rule may lead to civil or criminal sanctions. The willful

provision of false statements in a license application to the NRC is an

extremely serious matter. It is a criminal offense to make a willfully false

statement or representation to any department or agency of the United States

Government, under 18 U.S.C. §1001. Item 13 of NRC Form 313, "Application for

Material License," notifies applicants of this provision of federal law. Both

10 CFR 30.9 and 18 U.S.C. §1001 are applicable to license applicants and to

individuals who assist in, or provide information for, the preparation of

license applications.

License applicants who have a consultant prepare, or assist in the preparation

of, the license application, should carefully review the application to ensure

IN 94-47 June 21, 1994 the accuracy of all its Information. This includes the information on the

proposed facility, the status of the construction of the facility, the address

of use, and the qualifications of the authorized users. License applicants

are reminded that a license may be revoked for, among other things, any

material false statement in the application and for failure to construct or

operate a facility in accordance with the terms of the license, under

Section 186(a) of the Atomic Energy Act.

This Information Notice requires no specific action or written response. If

you have any questions about the information in this notice, please call the

technical contact listed below, or the appropriate regional office.

Carl J. Paperiello, Director

Division of Industrial and

Medical Nuclear Safety

Office of Nuclear Material Safety

and Safeguards

Technical contact: Torre Taylor, NMSS

(301) 504-1062 Attachments:

1. List of Recently Issued NMSS Information Notices

2. List of Recently Issued NRC Information Notices

K>1 Attachment 1 IN 94-47 June 21, 1994 LIST OF RECENTLY ISSUED

NMSS INFORMATION NOTICES

Information Date of

Notice No. Subject Issuance Issued to

94-39 Identified Problems in 05/31/94 All U.S. Nuclear Regulatory

Gamma Stereotactic Commission Teletherapy

Radiosurgery Medical Licensees.

94-38 Results of a Special NRC 05/27/94 All holders of OLs or CPs

Inspection at Dresden for NPRs and all fuel cycle

Nuclear Power Station and materials licensees

Unit 1 Following a Rupture authorized to possess spent

of Service Water Inside fuel.

Containment

94-37 Misadministration Caused 05/27/94 All U.S. Nuclear Regulatory

by a Bent Interstitial Commission Medical Licensees

Needle during Brachy- authorized to use brachy- therapy Procedure therapy sources in high-,

medium-, and pulsed-dose- rate remote afterloaders.

94-35 NIOSH Respirator User 05/16/94 All holders of OLs or CPs

Notices, "Inadvertent for nuclear power reactors, Separation of the Mask- and all licensed fuel

Mounted Regulator (MMR) facilities.

from the Facepiece on the

Mine Safety Appliances (MSA)

Company MMR Self-Contained

Breathing Apparatus (SCBA)

and Status Update"

94-23 Guidance to Hazardous, 03/25/94 All NRC licensees.

Radioactive and Mixed

Waste Generators on the

Elements of A Waste

Minimization Program

94-21 Regulatory Requirements 03/18/94 All fuel cycle and materials

when No Operations are licensees.

being Performed

Attachment 2 IN 94-47 June 21, 1994 LIST OF RECENTLY ISSUED

NRC INFORMATION NOTICES

Information Date of

Notice No. Subject Issuance Issued to

94-46 NonConservative Reactor 06/20/94 All holders of OLs or CPs

Coolant System Leakage for nuclear power reactors.

Calculation

94-45 Potential Common-Mode 06/17/94 All holders of OLs or CPs

Failure Mechanism for for nuclear power reactors.

Large Vertical Pumps

94-44 Main Steam Isolation 06/16/94 All holders of OLs or CPs

Valve Failure to Close for nuclear power reactors.

on Demand because of

Inadequate Maintenance

and Testing

94-43 Determination of Primary- 06/10/94 All holders of OLs or CPs

to-Secondary Steam for pressurized water

Generator Leak Rate reactors.

94-42 Cracking in the Lower 06/07/94 All holders of OLs or CPs

Region of the Core for boiling-water reactors

Shroud in Boiling-Water (BWRs).

Reactors

94-41 Problems with General 06/07/94 All holders of OLs or CPs

Electric Type CR124 for nuclear power reactors.

Overload Relay Ambient

Compensation

94-40 Failure of a Rod Control 05/26/94 All holders of OLs or CPs

Cluster Assembly to Fully for pressurized-water

Insert Following a Reactor reactors (PWRs).

Trip at Braidwood Unit 2

94-39 Identified Problems in 05/31/94 All U.S. Nuclear Regulatory

Gamma Stereotactic Commission Teletherapy

Radiosurgery Medical Licensees.

OL - Operating License

CP - Construction Permit

IN 94-47 June 21, 1994 the information is complete and accurate. The license applicant is

responsible for the content of the license application and must ensure the

accuracy of all its information. This includes the information on the

proposed facility, the status of the construction of the facility, the address

of use, and the qualifications of the authorized users. License applicants

are reminded that a license may be revoked for, among other things, any

material false statement in the application and for failure to construct or

operate a facility in accordance with the terms of the license, under

Section 186(a) of the Atomic Energy Act.

This Information Notice requires no specific action or written response. If

you have any questions about the information in this notice, please call the

technical contact listed below, or the appropriate regional office.

Carl J. Paperiello, Director

Division of Industrial and

Medical Nuclear Safety

Office of Nuclear Material Safety

and Safeguards

Technical contact: Torre Taylor, NMSS

(301) 504-1062 Attachments:

1. List of Recently Issued NMSS Information Notices

2. List of Recently Issued NRC Information Notices

Closes IMNS-645

• see previous concurrence

• • see attached concurrence

OFC IMAB lIC IMAB* INAB* I E Tech Ed I IMOB*

NAME TTaylor* LWCamper JEGlenn EKraus** FCCombs

DATE 06/09/94 04/29/94 05/02/94 1 04/18/94 [ 05/03/94 OFC OGC* I DD/IMNS l DIMNS Il

NAME STreby WBrach CPaperiello* l

DATE 06/09/94 / / 06/09/94 l

C . GOYEI R E = CUYLR & ENCLOSURE N = NO COPY

Official Record Copy 94-47.IN -I

IN 94-XX

June , 1994 i nse application. This includes the information on the proposed facility, the tatus of the construction of the facility, the address of use, and the

qual ications of the authorized users.

This in rmation notice requires no specific action or written response. If

you have y questions about the information in this notice, please call the

technical ntacts listed below, or the appropriate regional office.

Carl J. Paperiello, Director

Division of Industrial and

Medical Nuclear Safety

Office of Nuclear Material Safety

and Safeguards

Technical contacts: rre Taylor, NMSS

(3 1) 504-1062 Attachments:

1. List of Recently Issued N S Information Notices

2. List of Recently Issued NRC nformation Notices

Closes IMNS-645

• see previous concurrence

• • see attached concurrence

OFCC MABIAB* I C I E Tec EdIMOB* lE

NAME LWCamper JEG nn EKraus** FCCombs

DATE ljl  ?( AI 04/29/94 ,5/02/ 04/18/94 05/03/94 OFC l IOGC*

l l >2, l D/IMS

NAME STreby C e lo

DATE 0 6/09/94 / _ ____/______l

C . C VERE ofCYVER & ENCLOSURE N a NO COPY

Official Record Copy G:\TAYLOR\IMNS645