ML20058E561
| ML20058E561 | |
| Person / Time | |
|---|---|
| Issue date: | 02/27/2020 |
| From: | David Cylkowski NRC Region 4 |
| To: | Hogue N Arizona Public Service Co |
| References | |
| Download: ML20058E561 (3) | |
Text
February 27, 2020 Mr. Nathan Hogue, Director Radiation Protection Palo Verde Generating Station 5801 S. Wintersburg Rd., MS 7397 Tonopah, AZ 85354
SUBJECT:
AUTHORIZATION FOR THE U.S. NUCLEAR REGULATORY COMMISSION TO POSSESS RADIOACTIVE MATERIAL
Dear Mr. Hogue:
The U.S. Nuclear Regulatory Commission (NRC), Region IV, received your concern about the Commissions authorization to receive shipment of and possess a licensable quantity of radioactive materialspecifically, a deconstructed smoke detector containing an Americium-241 source with an activity of greater than 1 microcurie.
The Atomic Energy Act (AEA) authorizes the NRC to take specific actions itself or to license others to undertake those specific actions. Section 81 of the AEA states that the Commission may distribute, sell, loan, or lease such byproduct material as it owns to qualified applicants with or without charge... Hence, the NRC is allowed to possess and use licensable quantities of radioactive material without being required to hold a license.
The NRCs regulations also indicate that NRC staff may possess licensable quantities of radioactive material without a license. For example, Title 10 of the Code of Federal Regulations (10 CFR) 30.3 states, in part, that no person shall manufacture, produce, transfer, receive, acquire, own, possess or use byproduct material except as authorized in a specific or general license issued in accordance with the regulations in this chapter. The definition of person in 10 CFR 30.4 specifically excludes the Commission and its representatives and agents. The term Commission is defined in 10 CFR 30.4 as the Nuclear Regulatory Commission and its duly authorized representatives. In other words, the duly authorized representatives of the NRC are exempt by regulation from licensing requirements for byproduct material and are authorized to receive and possess radioactive material without a specific or general license.
In accordance with 10 CFR 2.390 of the NRCs Agency Rules of Practice and Procedure, a copy of this letter will be available electronically for public inspection in the NRCs Public Document Room or from the Publicly Available Records System component of the NRCs
N. Hogue 2
Agencywide Documents Access and Management System (ADAMS). ADAMS is accessible from the NRC Web site at http://adams.nrc.gov/wba/ (the Public Electronic Reading Room).
If there are any questions, please contact me at 817-200-1271.
Sincerely,
/RA/
David M. Cylkowski Regional Counsel cc: Nathan.Hogue@aps.com Esther.Andrews@pinnaclewest.com
ML20058E561 SUNSI Review ADAMS:
Non-Publicly Available Non-Sensitive Keyword:
By: DCylkowski Yes No Publicly Available Sensitive NRC-002 OFFICE SPE:DRP/B BC:DRP/D DNMS RC/RIV NAME RBywater JDixon REvans DCylkowski SIGNATURE
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DATE 2/27/2020 2/27/2020 2/27/2020 2/27/2020