ML19209B399
| ML19209B399 | |
| Person / Time | |
|---|---|
| Site: | 07001810 |
| Issue date: | 09/14/1979 |
| From: | Macdonald C NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Dipiazza R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| References | |
| NUDOCS 7910090631 | |
| Download: ML19209B399 (2) | |
Text
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UNITED STATES 8'
NUCLEAR REGULATORY COMMISSION o
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WASHINGTON, D. C. 20555 e
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SEP 141979 FCTC: RHO 70-1810 Westinghouse Electric Corporation ATTN: Mr. Ronald P. DiPiazza P. O. Box 355 Pittsburgh, PA 15230 Gentlemen:
This refers to your letter of September 7,1979, requesting information regarding DOE shipment of NRC-licensed material from one of your licensed facilities. Although your letter specifically requested an official NRC interpretation of the provisions of 10 CFR Part 71, which could only be provided by the General Counsel pursuant to 10 CFR 571.14, in our subsequent discussions you indicated that you did not desire such a formal interpretation.
As an NRC licensee, Westinghouse must comply with all of the NRC's regulations, contained in Title 10, Chapter 1 of the Code o; Federal Regulations. Shipments of NRC-licensed material (e.g., plutonium powder) from your facility must be made in full compliance with 10 CFR Part 71, " Packaging of Radioactive Material for Transport and Transportation of Radioactive Material Under Certain Conditions." Plutonium powder must be snipped in a package whose design has been approved by the Comission.
In addition, for shipping packages for radioactive material,10 CFR 671.51 requires Westinghouse to " establish, maintain and execute" a quality assurance (QA) program approved by the Commission.
Paragraph 71.42(b) of the NRC's regulations provides, in part, as follows:
(b) Plutonium in excess of twenty (20) curies per package shall be in a separate irner container placed within outer packaging that meets the rewirements of Subpart C [of 10 CFR Part 71] for packaging of material in normal form. The separate inner container shall not release plutonium when the entire package is subjected to the normal and accident test conditions specified in Appendices A and B.
We understand that your snipments of plutonium powder will be in exct.ss of 20 curies per package. Since the container which you propose to use for the shipments, the D0T Specification 6M packaging, does not meet the requirements of 10 CFR 571.42(b), you may not use it for shipment of the NRC-licensed plutonium powder from your facility.
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SEP 141979 During August of this year the NRC and the DOE reached an understancing regarding the conditions under which the NRC would permit the DOE to enter onto an NRC-licensed facility, take possession of NRC-licensed material, and ship the material offsite. Although no formal agreement was executed between the NRC and the DOE, the DOE assured the NRC that packages approved by the NRC would be used for all on-site transfers of material to DOE. The DOE also indicated that, prior to transfer, it would verify that the NRC licensee had an NRC-approved QA program for shipping packages as required by 10 CFR Part 71. Therefore, in accordance with our understanding with DOE, the use of D0T Specification 6M packaging would be unacceptable for the shipment of plutonium powder in excess of 20 curies.
We understand that sufficient NRC approved packages (FL-10-1) are available and will be used for the shipment.
Sincerely, Charles E. MacDonald, Chief Transportation Certification Branch Division of Fuel Cycle and Material Safety, NMSS cc: Department of Energy ATTN: Mr. Roy Garrison Mr. Donald M. Ross Mr. Joseph Stefano Mr. Warren Becqholz Washington, D.C.
2054C 1116 290