ML19256A569
| ML19256A569 | |
| Person / Time | |
|---|---|
| Issue date: | 12/29/1978 |
| From: | Minogue R NRC OFFICE OF STANDARDS DEVELOPMENT |
| To: | Doles A EBERLINE INSTRUMENT CORP. |
| Shared Package | |
| ML19256A570 | List: |
| References | |
| RULE-PRM-70-6 NUDOCS 7901090030 | |
| Download: ML19256A569 (3) | |
Text
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% j n[g(,[f WASHINGTON, D. C. 20555 %['.... PRM 70-6 2C 2 3 13 Mr. A. E. Doles, Vice President Service Division Eberline Instrument Corporation P.O. Box 2108 Santa Fe,itew Mexico 87501
Dear Mr. Doles:
This is in response to your letter dated December 1,1978 regarding your petition for rulemaking on air shipments of calibration or reference sources containing plutonium. The staff has studied Public Law 94-79 since its enactment and especially during the process of developing and certifying a crash-proof container. Although no decision h's been made, a paper will be forwarded shortly to the Commission for consideration which in-cludes, as one alternative, exemption of certain shipments of plutonium from the requirement to be shipped by air only in a crash-proof con-tainer. In the event it is concluded that certain air shipments of plutonium can and should be exempted, ilRC would proceed to make appropriate rule changes to provide such an exemption. As indicated in our previous letters, your petition will be considered in conjunc-tion with the rulemaking action. In the event it is concluded that no air shipment of plutonium can be exempted from the requirement that a crash-proof container be utilized, then we would be forced to deny your petition. In that case, however, legislation could be sought to authorize such exemption. We expect to complete action on your petition by mid 1979 in either case. In the meantime, you are not authorized to make air shipment of plu-tonium unless you comply with the current provisions governing the air transport of plutonium. In accordance with the provision of an NRC Order dated September 1,1978 (enclosed) and a similar provision of the State of New Mexico, air shipment of any quantity cf plutonium (except plutonium contained in a medical device designed for individual human application) may be made only in packages of a design specifically approved by tiRC. This restriction is applicable to air snipment of calibration or reference sources containing plutonium. At this time 7901090060
A. E. Doles the only package design so approved is the Model PAT-1. Please contact me if you have any questions. Sincerely, , c' vf /.h, [44"W Robert B. Minogue, DYrector Office of Standards Development
Enclosure:
NRC Order Dated September 1,1978
m 'e SEP 1 EM .To URC Licensees ~ By order dated August 15, 1975, NRC licensees were ordered, not-withstandin.3 toe provisicns of 10 CFR Part 71 and any provisions of their licansa, to cease and desist frca naking any shipmants of plutonita by air, other than plutonica contained in a medical device designed for individual hur.an application. Except for plutoniua ccntained in a medical device designed for individual hucan application, Public Law g4-79 prohioited the fiRC frca licensing any snignents of plutonium by air until the ' r' U%C certified to the Concress that a safe container had been d2Veldsed and tested 9thich wculd not rupture under crash and. blast-tes ting equivalent to the crash and explosion of a high-flying aircraf t. n On August 4,1978, die HRC certifiid to Congress that a package which would fulfill the reouircrehts of Public Law S4-73 had been designed and tested. The Flutsnium Air Transportable Package, ikdel P'T-1, has been issued.1RC Certificate of Ccapliance iia. 0361. This Certificate of Cen?liance autocri2es use of tne Madel PAT-1 ~ package for air transport of plutonium. - - = -- - ~ ' Accordingly, the Ccnmission h' rdby orders that notwithsta'nding e
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any provisicas to the contrary in the iiRC's regulations or in your license, shistants of platonium by air, other than plutoniua contained in a medical davice designed for individual human application, nay only ce made in packages the design of which the NRC has specifically approved for transport of plutoniua by air. This order supersedes the Ccamis'sion order of August 15, 1975. Informatinn regarding the use of the "edel PAT-1 package cay be obtained frca l'r. Charles E. NacD nald, Chief, Transportation Branch, Division of Fuel Cycle and Material Safety, telephone (301) 427-4122. Sincerely, Originni Med 'iy Clif ford V. Smith, Jr., Director ~ Office of Muclear Material Safety and Safeguarcs bcc: L. D. San tman, DOT U. E. Mott, DOE ~- c .m 7 c. i. h
E December 1, 1978 INT-3M 3 Secretary of the Ccamission U. S. Nuclear Regulatory Commission Washington, DC 20555 Attention: Chief, Docketing and Service Section Docket No. PRM-70-6
Reference:
1. Letter dated September 5,1975, from Willtam S. Jchnson, Sr. to Manual Lujan,. Jr. 2. Letter cated February 3,1976, from Carlton C. Kammerer to Manual Lujan, Jr. 3. Letter dated February 18, 1976, from William S. Johnson, Sr. to Carlton Kammerer 4. Letter dated March 10, 1976, from Carlton Kammerer to William S. Johnson, Sr. 5. Letter cated July 15, 1977, (EI-91.t155) frem Eric L. Geiger to the Secretary of :ne Commission 'NRC) 6. Letter dated July 18,1077, (EI 015166) frcm Eric '.. Geicer to the Secretary of :he Cc r-issicn (NFC) 7. Letter dated August 16, 1977, from Tnemas F. Dorian (NRC) to Eric L. Geicer 8. Letter dated A0 gust 25, 1977, from J. M. Felton (NRC) to Eric L. Geiger 9. Le::er dated May 17, 1978, from J. M. Felten (NRC) to Eric L. Geiger 10. Letter dated October 6, 1978, (EI-916155) from Eric L. Geiger to the Secretary of the C.cmmission (NRC) 11. Letter cated October 16, 1975, frco Robert 5. Minogue (NPC) to Eric L. Geiger 12. Letter cated Novemoer 2,1975, from Robert 3. Minogue (NRC) to Eric L. Geiger Gentlemen: Thank you for ycur letters references il and 12 above. Eberline personnel have been tryinc for over three years to resc1ve -his matter of shipping ciminutive cuantities of plutonium by air. Your le::er (reference 11) now refuses to ei ner" grant or deny" our petiticr.. This leaves us with the conclusion that it is within the autho-i y c' the licensee to ship "ceminimis" cuan-ities of clu: Onium as he deems ap;rceria .t. We olan to carry cut this conclusion until NRC has taken a;:prccriate acticn. 12/8 - To E30 for Direct Reply. Suscense: S '. 'CS'i'7' Dec. 18. Dis tri bution : Original to Docket. 73-1750.
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