ML20196E202
| ML20196E202 | |
| Person / Time | |
|---|---|
| Issue date: | 03/24/1988 |
| From: | Nussbaumer D NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA) |
| To: | AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20150E008 | List:
|
| References | |
| FOIA-88-514 NUDOCS 8812090290 | |
| Download: ML20196E202 (6) | |
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UNITED STATES I a NUCLEAR REGULATORY COMMISSION
$ W ASHINGTON, D. C. 20646 e
I I 1984 Ref: SA/ LAB Alt. AGREEMENT STATES RESPONSIBILITY FOR BYPRODUCT PATERIAL IN NON-POWER REACTORS Enclosed for your information is a mero from NRC headquarters to the five NRC Regions regarding the licensing of byproduct material at Non-Power Reactors.
Basically, the memo states that unless approved by the NRC or clearly covered under another license, you should assume that byproduct material in a non-power reactor facility is covered by the reactor license. The facility boundary which wei9hs in the detennination is identified for each reactor.
If you have any cases which are not clear to you, please contact us for ,
an individual determination.
h*
ona d . Nussbaumer lvWw Assistant Director for State Agreements Program ;
State Local and Indian Tribe Programs l
Enclosure:
l As stated i cc: C. Toppan, ME, w/ enc 1.
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F l PDR FOIA i FELTON80-514 PDR
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UNITE D STATES
, , (/ga NUCLEAR REGULATORY COMMISSION h
y W ASHING TON, D. C. 20$$5
. s , (,. March 8, 1988
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HEMORANDUM FOR: Frank J. Congel. Director Division of Radiation Safety and Safeguards, R!
Douglas M. Collins Director Division of Radiation Safety and Safeguards, RI!
John A. Hind. Director Division of Radiation Safety and Safeguards, RI!!
Richard L. Bangart, Director Division o.f Radiation Safety and Safeguards, RIV Ross A. Scarano, Director Division of Radiation Safety and Safeguards, RV FROM: Dennis M. Crutchfield. Director Division of Reactor Projects - !!!,
!Y, Y and Special Projects Office of Nuclear Reactor Regulation
SUBJECT:
REGULATORY RESPONSIBILITIES FOR BYPRODUCT MTERIALS IN NON-POWER REACTORS In a memorandum dated June 8,1987 Region !Y requested guidance for determini.g cases where licensed material in a non-power reactor facility may be covered by a NRC material license or an Agreement State Itcense, rather than the reactor license. This issue becomes t@ortant in determintag compliance and issuinti notices of violatier, involving licensed material in a reactor facility. Al regions were asked > coment on this issue. After consideration of your concents, we are providing the following guidance. The guidance has been coordinated with MMSS, GPA, and OGC.
- 1. Generic guidance related to this issue is contained in Inspection Manual Chapter 2882. Appendices I and 2. Normally, material within a non-power reactor facility will generally be assumed to be possessed by the reactor licensee, unless there is prior documentation approved by NRC, or some other clear demonstration that the Itcensed material is covered under another license.
CONTACT:
T. Michaels NRR/PDSNP Ext. 21102 ff%)C94'45 W pp c 3%.aGdu
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- 2. Consistent with #1 above, NMSS does not normally issue separate i licenses which authorize possession of licensed material within an operating reactor facility. If a reactor facility license is silent '
with regard to possessten of byproduct material, it should be amended. NRC Aormally exercises exclusive federal jurisdiction l within operating reactor facilities. t
- 3. All byproduct material which is to be inserted into a reactor, or which is removed from the reactor, must be covered by the reactor license while the material is within the facility.
- 4. The facility boundaries for a non-power reactor are normally defined ;
by the Safety Evaluation Report or Technical $secifications. In the ;
absence of identifiable facility boundaries, tie Regions should establish a facility boundary with the licensee for compliance purposes, and the boundary should be specified in TS or FSAR. i
- 5. As indicated in Manual Chapter 2882, Appendix 2, there are !
exceptions to the above guidelines, and specific cases can be complex. Questionable cases should be referred to Headquarters for resolution along with a proposed course of action.
i Ouestions concerning this guidance or specific cases should be referred to !
this Division for resolution. We will coordinate with NMSS, GPA, and OGC as appropriatt. i 1
nnis i C f r to Division of Reactor Projects - !!!, IV, Y and Special Projects Office of Nuclear Reactor Regulstion '
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March 8, 1988 l
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- 2. Consistent with #1 above, NMSS does not normally issue separate licenses which authorize possession of licensed material within an
, operating reactor facility. If a reactor facility license is silent with regard to possession of byproduct material, it should be j amended. NRC normally exercises exclusive federal jurisdiction ;
within operating reactor facilities. ;
i j 3. All byproduct material which is to be inserted into a reactor, or :
j which is removed from the reactor, must be covered by the reactor 4
license while the material is within the facility. l
- 4. The facility boundaries for a non-pewer reactor are norr' ally defined by the Safety Evaluation Report or Technical Specifications. In the absence of identifiable facility boundaries, tie Regions should #
establish a facility beundary with the licensee for compliance purposes, and the boundary should be specified in TS or FSAR.
- 5. As indicated in Manual Chapter 2882. Appendix 2, there are ;
exceptions to the above guidelines, and specific cases can be complex. Questionable cases should be referred to Headquarters for i resolutir.n along with a proposed course of action. ,
Questions concerninj this guidance or specific cases should be referred to this Division for resolution. We will coordinate with NMSS, GPA, and OGC as appropriate. ;
0ristaal , sine 4 by
,'" 18af.Cnie,%riesa Dennis M. Crut,chfield, Director Division of Reactor Projects - !!!, IV, Y and Special Projects Office of Nuclear Reactor Regulation DISTRIBUTION:
Central File TMichaels RFonner LCunningham JRoth NRC PDR LRubenstein DCrutchfield THebdon RGreger PDSHP Reading JHickey f0Nussbaner CBerlinger BHurray RCunningham JHetzger TMartin PWen FVenslawski
- See Previous Concurrence PDSNP* NMSS/!MNS/05* GPA/SLITP* 0GC-Rockville* P TMichaels:cw JHickey DNussbaumer RFonner LRube ein 03/02/88 03/02/88 03/04/88 03/04/88 03/'/ /88 DRSP DCr4 t
. d 03/g788
TRANSFEP OF NRC LICENSE FILES TO AGREEP'ENT STATE (S) APPENDIX 1, 2882
[ APPENDIX 1
- LirENSE CROUDS License files that will be transferred or retained are identified in the followino descriptions.
- 1. Group 1. Licenses which, on the effective date of a Section ??4b Xgreement, would no longer be subject to regulatory control of the Nuclear Peculatory Commission. This group, although not further sub-divided, includes the following types of licenses.
- a. Licenses issued to persons within the Agreement State with place
) of use limited to ths Agreement State.
4 b. l.icenses issued to persor.s outside the Acreement State with place of use restiicted to only the Agreement State.
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- c. Licenses issued to persons within the Agreement State which have j included on the license a cor.dition permittino temporary use in 1
other unnomed Stetes provided the NRC is notified before the first date of use.
[ d. Licenses issued to persons within the Agretrent State pursuant to
\ 10 CFF. 3? authorizing distribution both within and cutside of tbc Agretrent State tc specific art eeneral licensees, and those authorizina the distribution of products centaining exernpt corcentrations intended for use by the general public (see iten.
?c below).
i P. Group S, Licenses which include authoritations for possession, use, or places of use which will renain under reculatory control of the Nuclear Regulatory rocnission. 1he subgroups are not n>utually erclu-l sive and a licenst file r,ay be placed in Group ? for inore than one reasen,
- a. Licenses which authorire the use of licensed raterial in Agree-irent States and in r.amed locations in non-tgreement States. Nand i locations include nan.ed ncn Aorcement States and authorized use
anywhit e in the L;r,ited States >here the U.S. Nuclear Pcguistory l
Comission maintains jurisdiction for reculating the use of licensed material." The Ccmission retains jurisdiction of the use in the states other then Acrer.rrent States. This suboroup is i
further subdivided on the basis of the liter.ste'*, aodress.
j (1) Licenses issuto to addecssees within the Agreer.ent State.
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A1-1 1ssue Nte: I?/05/03 1
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TRANSFER Or MPC LICENSE
?fCP. APPEhDlX 1 FILES TO Ar,REEMENT STATES)
(?) Licenses issued in addresses outside of the Agreen.ent State. :
(For purposes of this subdivision, it is typected that
- license files will be checked only in the Regional Office making the file transfgr to the Agreement State.) l
- b. Licentes which specifically authorize the export or import of licensed material incietntal to other uses. The Comission re-1 tains _ jurisdiction over the entire export or Thport activities of the license. An Agre cent 5 tate has jurisdiction over the activ-i ities, other than import er export, within its borders, f
- c. Licenses which authorize the ranufacturer, processing production, packaging or repsckaging, or distribution or transfer of equip- l ment, devices, con 4dities, or other products containing exempt cuantities intended for use by persons exempt from licensing
, (consumer-type items for rublic distribution). The Comission
_ retains jurisdiction over the transfer of possession or control .
of such consumer products both withir and outside the Aareement !
. St6te. This jurisdiction includes specifications of the pro-
' duct to deternine its suitet'ility for distribution to the public.
An Agreement State has jurisdiction over the possession and use of materials incidental in the manufacture of such items or other ;
uses of the material in an Agreeeent State.
I A single license which authorizes e pnssessicn of byproduct
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material and/or source m.aterial in addition to special nuclear material ir cuantities sufficient to exceed the definition of !
Section 150.11 or which, when added to other special nuclear material authorized, causes the total possession limit at any
' one place of use to exceed the definition. The Comissinn ,
retains jurisdiction over the special nuclear material per ~
Section 150.11. An Agreement State has jurisdiction over the byproduct ano source material.
When the quantity of special nuclear materiel authorized exceeds the limits of Section 150.11, this group includes licenses which authorize the possession of special nuclear material intimately j associated with byproduct and source n.aterial, such as in spent ;
' fuel eierents, or licenses which authorire the possession of !
j special nuclear material resulting from the decey of byproduct material, t i
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- e. Licenses issued to a persnn, other than an agency of the Federal t government
- for use of material on property known to be under exclusive Federal jurisdiction; _the Cveission retains juris- t diction over these licenses. l
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I f. Licenses issued to a person, other than an agency of the Federal !
I government, within and outside the Agreement State for use of l l material on preperty under Federal control within the Agreement ,
State. As an interim reasure, while the degree of Federal juris-
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' diction over the land is beino determined, the Commission per- !
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forms its regulatory functions for the use of the material on i
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j 1ssue Date: 1?/05/83 Al-? l
TRANSFER OF NRC LICENSE FILES TO AGREEPENT STATE (S) APPENDIX 1, ?88?
f "' property under Federal control. An Agreement State performs its regu.
latory functions for the use of materials within its borders on property other than that under Federal control.
NOTE: This is a terrporary group for use only when the degree of Federal jurisdiction is not clear. Wher, the nature and extent of the 1 Federal jurisdiction has been determined, a license in this group would be placed in another appropriate group.
- g. Licenses which include uses of material cleerly under the furisdiction of the Agreertent State, including byproduct or source material used or produced in the operation of a production or utilization facility, t.s
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a rule of thumb all mattrials located tdthin the applicable facility therefore, ur. der the jurisdiction of the Comission. All licensable material used outside the site will be considered as not used in the operation of the facility and, therefore, under the jurisdiction of an Agreement State.
1 The detertnination of jurisdiction in some ,es can be cornplex.
Appendix ? contains a few examples of jurisdictional division between
, the Coti Cornnission and Agreement States.
- 3. Group _3_. Licenses not transferable to the Agreerent State and which lI remcin wholly under huclear Reculatory Comission jbrisdiction. This Croup, although not further subdivided, includes the followint type; of licenses.
- a. Licenses issued to any "Government Agency" as defined in Section 150.3(e).
l b. Licenses issued to persons within an Agreement State tut with tFe place of use limited to non-Agreerrent States.
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- c. Licenses which authorize the possession of sufficient special nuclear material to exceed the definitien of 10 CFR 150.11 or which, when added to other special nuclear rnaterial authori:ed, will cause the total possession limit at any one place of use to exceed the definition of 10 CFR 150.11.
- d. Licenses limited to irrport or export of material to and from ths
, United States.
< e. Licenses for material used solely within the site and for the operation of a production or utilization facility.
- f. Licenses for the trar.sfer cf possession or centrol by the tranu-facturer, processor, or producer of any equipeent, device, or ccmrodity or try product containinc tretrpt ouantities of source.
' byproduct, or special nuclear material for use by the general public.
k Al-3 issue Date: 1T/05/83
' TRAK!fER OF NRC LICENSF
?88?. APPEFDIX 1 FitIS TO AGREEMEh1 STATE (5)
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- g. Licenses foi disposal of first-cycle waste rest 1 ting from the :
seParatiori *ti any production facility of special nuclear raterial
- from irradiated reactor fuel if no Ecrt of the activity is ,
sub!cct to State jurisdictiori,
- h. l.icerises issued to persons within or outside an Agreement Statt other than instrurer.talities of the Federal governn,ent, for use only en property ut.cer exclusive Federel jurisdiction within an ,
Agreentit 5'. ate. ;
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Issue Dat.e: 1?/05/83 Al-4 l 1
. TPANSFER OF NRC LICENSE FILES TO AGREEMENTSTATE(S) APPENDlX 7, 2882 f' APPENDIX ? !
EXAMPLES OF Jt'PISDICTIONAL DIVIS10F PETWEEN THE NPC AND AGRFEVEhT STATE (S) ,
- 1. Reacter startup sources. Possession and use of these sourcas before startup are handled by the NRC under a Part 30 license. After startup of the reactor, the hRC Part 50 license covers the sources ,
?. f r.dustrial radiography. The production or utilization facility licenset may have certain responsibilities with respect to prot 9ction of the radiography personnel while in the NRC-licensed facility, but the conduct of radiocraphy operations must be in compliance with the
- epplicable Part 30-type license issued to the irdustrial radiogranter by the NPC or by the Agrcerent State. ,
- 3. Analytical services using radioactive material. As one example, in- i place filter testing usir.o adioactive materials by a service company '
or ccesultant licensed by the NRC under Part 30 or by en Agreement State and authorized for temporary job sites can fall ut: der State jurisdiction if the end product of the service was informatitn, and the tests did not involve operdtion of a production or utilization facility.
- 4. Check sources. Check sources for calibrLtion of offsite equipecnt are
( regulated by the Agreement State.
f Interr.a1 check sources for calibration or check of inplent punitert which directly effect the operation of the reactor are covered by the ,
J bFC.
These are a few illustrative tramples. The determination of jurisdiction can be complex and rey need to be resolved on a case-by-case basis. In the separation of files for transfer to a new Agreement State. Outstions ,
regardino jurisdiction or the division'of jurisdictior, between the NFC and the Agreement State shall be resolved before transfer of responsibilit) for the license. ;
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