ML20199J724
| ML20199J724 | |
| Person / Time | |
|---|---|
| Issue date: | 08/26/1997 |
| From: | Steven Baggett NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Stuchell B AFFILIATION NOT ASSIGNED |
| Shared Package | |
| ML20199J704 | List: |
| References | |
| SSD, NUDOCS 9802060023 | |
| Download: ML20199J724 (2) | |
Text
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UNITED STATES j
j NUCLEAR REGULATORY COMMISSION
(
WASHINGTON. D.C. Joe 6 Hoot o
August. 26, 1997 j
9 Mr. Bart Stuchell Deter, Inc.
P.O. Box 2747 Aliance, OH 44601 0747
Dear Mr. Stusell:
This letter is in response te Detex's April 21,1997, letter to Sequoyah Nuclear Power Plant and July 7,1997, letter to Heysham i Power Station, Nuclear Electric LTD. You provided copies of these letters to the Director of Nuclear Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission. I am wnting this letter because there appears to be some confusion concoming the transfer requirements of 10 CFR 31.5.
The second paragraph of Detex's letters indicates thtt the recipients of the devices are NRC general licensees. However, due to the manner in which the devices are transferred, the recipients are not authorized to possets the material under the 10 CFR 31.5 general license.
Based on the information provided 'n Detex's letter dated January 9,1997 (copy enc'used),
conversions between you and members of my staff, and my letter dated February 18,1997 (copy enclosed), the only United States recipients of Detex's devices are pemons specific licensed in accordance with 10 CFR Part 50 to receive the devices. Therefore, Detex must verify that the recipient is specifically licensed to receive the material. The letter to the recipients of the devices should indicate that possession and use of the devices must be in accordance with the recipient's specific license, should not indicate tnat the recipienM l
possess the devices under the 10 CFR 31.5 general license, and should indicate that the direction on labeling that indicates the devices are subject to the 10 CFR 31.5 general license is not applicable.
Recipients located outside the t.'nited States are not under the jurisdiction of the NRC.
Therefore, the 10 CFR 31.5 general license is not applicable to these recipients and Detex's letter to these recipients should not indicate that 10 CFR 31.5 is applicable. We reopient is i
required to ensure that they are authorized by the appropriate regulatory authority to receive the dev6ce. For transfers to recipients located outside the United States, Detex must meet the requirements of 10 CFR Part 110 (copy enclosed).
I assume you provided cooies of these letters to NRC in response to the requirements in 10 CFR 31.5(c)(8) that t..dicates that general licensees must report when they transfer or dispose of their devices. De letters include the necessary information indicated in the regula' ions. However, it is suggested that in future correspondence Detex indicate that these s
letters are being provided to meet the requirements of 10 CFR 31.5(c)(8). Since Detex is l
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Mr. Bart Stuchell 2
possessing the devices under the 10 CFR 31.5 general 'icense, Detex is required to continue to i
report all transfers of the devices to the NRC, whether the recipient is located in the United States or not.
If you have any questions, please contact me John W. Lubinski of my staff at (301) 415-7868.
Sincerely, 7tiginal signed by John Lubinski for Steven L. Baggett, Chief Sealed Source Safety Section Medical, Acade nic, and Commercial Use Safety Cranch Division of Industrial and Medical Nuclear Safety Office of Nuclear Material Safety and Safeguards
Enclosures:
1.
Detex's letter dated January 9,1997 2.
NRC letter dated February 18,1997 3.
10 CFR Pad 110 DISTRIBUTION Closes IMNS 5863 IMAB r/f NRC File Center NMSS r/f IMNS Centra' DOCUMENT NAME: K:\\lMNS$863.JWL
' Ta receive a copy of this document, indicate in the boa: "C" = Copy without attachment / enclosure
- E' = Copy with attachment / enclosure
- N* = No copy 4 - lC IMNS Q M ld.
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I OFFICE IMAB NAME JLubenski Min.I SBg-;;d !
DATE 8//b7 0
8 % /97 OFFICIAL RECORD COPY
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