Information Notice 2006-12, Exercising Due Diligence When Transferring Radioactive Material
| ML061720214 | |
| Person / Time | |
|---|---|
| Issue date: | 07/06/2006 |
| From: | Chris Miller NRC/NMSS/IMNS |
| To: | |
| DECICCO J,NMSS/IMNS 301-415-7833 | |
| References | |
| IN-06-012 | |
| Download: ML061720214 (3) | |
UNITED STATES
NUCLEAR REGULATORY COMMISSION
OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS
WASHINGTON, D.C. 20555
July 6, 2006 NRC INFORMATION NOTICE 2006-12:
EXERCISING DUE DILIGENCE WHEN
TRANSFERRING RADIOACTIVE MATERIALS
ADDRESSEES
All material licensees.
PURPOSE
The U.S. Nuclear Regulatory Commission (NRC) is issuing this Information Notice (IN) to alert
licensees to the due diligence that should continue to be exercised before and during transfer of
radioactive material. It is expected that the recipients will review the information for applicability
to their radiation safety programs, and consider actions, as appropriate. However, recommendations contained in this IN do not contain new NRC requirements; therefore, no
specific action nor written response is required.
DESCRIPTION OF CIRCUMSTANCES
Since September 11, 2001, NRC has particularly emphasized the security and control of
radioactive materials, because of the risk associated with their potential use in malevolent
activities. It has taken aggressive measures through a graded, risk-informed approach, to
issue Orders for licensees that are authorized to possess risk-significant quantities of
radioactive material [i.e., those radionuclides and quantities, described as Category 2 and
above, by the International Atomic Energy Agency (IAEA), in its Code of Conduct on Safety
and Security of Radioactive Sources].
In addition, all NRC licensees are subject to the regulatory requirements, in 10 CFR Parts 30,
40, and 70, when transferring any byproduct, source, or special nuclear material, respectively.
In particular, the regulations specify that licensees shall verify that the transferees (i.e., the
recipients) license authorizes the receipt of the type, form, and quantity of material to be
transferred. This IN is alerting licensees to exercise extra caution to ensure that only legitimate, licensed entities are on the receiving end of transfers of licensed material. The following
discussion illustrates considerations that should be taken into account when a transfer of
licensed material occurs.
DISCUSSION
A licensee seeking to transfer licensed material must verify that the transferee's license
authorizes the receipt of the type, form, and quantity of material to be transferred, pursuant to
10 CFR Parts 30.41(c), 40.51(c), and 70.42(c). This verification, before transfer, ensures that
the recipient is aware of the regulatory requirements associated with the receipt and possession
of the material. This also provides a level of security that the material will be used as intended, and not for malevolent purposes. Both the transferor and transferee may be subject to
enforcement actions in cases where a licensee transfers licensed material to unlicensed or
unauthorized entities.
When transferring material to a licensed recipient, the transferor must verify that the recipient
possesses a license authorizing the receipt of the material. Section 10 CFR Parts 30.41(d),
40.51(d), and 70.42(d) provide acceptable methods for such verification.
Transferors may encounter situations when extra care is warranted. For instance, when a long
time has transpired since the last transfer or, any time there is a change in procedure or routine
that stimulates suspicion, a licensee transferring material should pursue further information to
alleviate the concern. Changes in routine could include: 1) a significant increase in the quantity
of material ordered; 2) a change in location where the material is delivered; 3) a change in type
or form of material; or 4) a change in key personnel, without prior notice. Any of these changes
could be (and generally are) legitimate, but they could also be precursors to the diversion of
materials for other than their authorized use. In the event that any of these changes in routine
occur, you may contact the NRC or licensing agency of an Agreement State with any concerns
regarding the legitimacy of the license.
RELATED GENERIC COMMUNICATIONS
NRC Information Notice 98-06, Unauthorized Use of License to Obtain Radioactive Materials, and Its Implications under the Expanded Title 18 of the U.S. Code, describes an unauthorized
use of a broad-scope academic medical license to obtain radioactive materials.
CONTACT
This information notice requires no specific action nor written response. If you have any
questions about the information in this IN, please contact the technical contact listed below or
the appropriate regional office.
/RA/
Charles L. Miller, Director
Division of Industrial
and Medical Nuclear Safety
Office of Nuclear Material Safety
and Safeguards
Technical Contact:
Joseph E. DeCicco, NMSS
(301) 415-7833 E-mail: jxd1@nrc.gov
Enclosure: List of Recently Issued NMSS
Generic Communications of the material. This also provides a level of security that the material will be used as intended, and not
for malevolent purposes. Both the transferor and transferee may be subject to enforcement actions in
cases where a licensee transfers licensed material to unlicensed or unauthorized entities.
When transferring material to a licensed recipient, the transferor must verify that the recipient possesses
a license authorizing the receipt of the material. Section 10 CFR Parts 30.41(d), 40.51(d), and 70.42(d)
provide acceptable methods for such verification.
Transferors may encounter situations when extra care is warranted. For instance, when a long time has
transpired since the last transfer or, any time there is a change in procedure or routine that stimulates
suspicion, a licensee transferring material should pursue further information to alleviate the concern.
Changes in routine could include: 1) a significant increase in the quantity of material ordered; 2) a
change in location where the material is delivered; 3) a change in type or form of material; or 4) a
change in key personnel, without prior notice. Any of these changes could be (and generally are)
legitimate, but they could also be precursors to the diversion of materials for other than their authorized
use. In the event that any of these changes in routine occur, you may contact the NRC or licensing
agency of an Agreement State with any concerns regarding the legitimacy of the license.
RELATED GENERIC COMMUNICATIONS
NRC Information Notice 98-06, Unauthorized Use of License to Obtain Radioactive Materials, and Its
Implications under the Expanded Title 18 of the U.S. Code, describes an unauthorized use of a broad- scope academic medical license to obtain radioactive materials.
CONTACT
This information notice requires no specific action nor written response. If you have any questions about
the information in this IN, please contact the technical contact listed below or the appropriate regional
office.
/RA/
Charles L. Miller, Director
Division of Industrial
and Medical Nuclear Safety
Office of Nuclear Material Safety
and Safeguards
Technical Contact:
Joseph E. DeCicco, NMSS
(301) 415-7833 E-mail: jxd1@nrc.gov
Enclosure: List of Recently Issued NMSS
Generic Communications
DISTRIBUTION:
IMNS r/f
JDeCicco
ML061720214 OFC
MSIB
MSIB
MSIB
SFPO
FCSS
DWM
MSIB
IMNS
NAME
JDeCicco
THarris
AmcIntosh
EHeumann
Psilva
TCarter
CMiller
DATE
6/16 /16
6/ 19 /06
6/19 /06
6/26/06
6/27 /06
6/ 27/06
6/29 /06
7/ 06 /06
OFFICIAL RECORD COPY Enclosure
Recently Issued NMSS Generic Communications
Date
GC No.
Subject
Addressees
04/23/06 RIS-06-10
Use of Concentration Control for
Criticality Safety
All licensees authorized to possess a
critical mass of special nuclear material.
01/26/06 RIS-02-15, Rev. 1
NRC Approval of Commercial Data
Encryption Products For the
Electronic Transmission Of
Safeguards Information
All authorized recipients and holders of
sensitive unclassified safeguards
information (SGI).
01/24/06 RIS-06-01 Expiration Date for NRC-Approved
Spent Fuel Transportation Routes
The U.S. Nuclear Regulatory Commission
(NRC) licensees who transport, or deliver
to a carrier for transport, irradiated
reactor fuel (spent nuclear fuel (SNF)).
01/13/06 RIS-05-27, Rev. 1
NRC Regulatory Issue Summary
2005-27, Rev. 1, NRC Timeliness
Goals, Prioritization of Incoming
License Applications and
Voluntary Submittal of Schedule
for Future Actions for NRC Review
All 10 CFR Parts 71 and 72 licensees
and certificate holders.
06/12/06 IN-06-11
Applicability of Patient Intervention
in Determining Medical Events for
Gamma Stereotactic Radiosurgery
and Other Therapy Procedures
All medical licensees.
03/31/06 IN-06-07 Inappropriate Use of a Single- parameter Limit as a Nuclear
Criticality Safety Limit
All licensees authorized to possess a
critical mass of special nuclear material.
03/21/06 IN-02-23, Supl. 1
Unauthorized Administration of
Byproduct Material for Medical Use
All medical licensees.
01/19/06 IN-06-02
Use of Galvanized Supports and
Cable Trays with Meggitt Si 2400
Stainless- Steel-jacketed Electrical
Cables
All holders of operating licenses for
nuclear reactors except those who have
permanently ceased operations and have
certified that fuel has been permanently
removed from the reactor vessel; and fuel
cycle licensees and certificate holders.
Note: NRC generic communications may be found on the NRC public website at http://www.nrc.gov, under Electronic
Reading Room/Document Collections.