ML20207C174
| ML20207C174 | |
| Person / Time | |
|---|---|
| Issue date: | 05/21/1999 |
| From: | Camper L NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Dan Collins, Lesser M, Pangburn G NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| References | |
| NUDOCS 9906020219 | |
| Download: ML20207C174 (4) | |
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UNITED STATES
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May 21, 1999
Dear Sirs:
This letter is being issued by the U.S. Nuclear Regulatory Commission (NRC) to remind all distributors of NRC-regulated, exempt quantity, radioactive (byproduct) material, of NRC's requirements governing the distribution of NRC-regulated products to unlicensed persons (persons exempt from licensing). Specifically, such distributors must meet the requirements of 10 CFR 32.19(a) and 32.19(b), that is, no more than 10 exempt quantities can be sold or transferred in any single transaction and no more than 10 such packaged exempt quantities shall be contained in any outer package.
'This action is necessary because the NRC became aware that some manufacturers had instructed their customers to purchase 10 or more exempt quantity sources and combine them for use in gauging devices. The regulations do not authorize, but rather discourage, grouping exempt quantities of byproduct material. In the case where the bundled exempt sources j
remained exempt, NRC would have no mechanism to regulate their safe possession, use, and disposal. An NRC Generic Letter to all materials licensees, "Recent Nuclear Material Safety And Safeguards Decision On Bundling Exempt Quantities," is enclosed for your information.
NRC reminds all distributors of NRC-regulated, exempt quantity, radioactive (byproduct) material, of NRC's requirements governing the distribution of NRC-regulated products to unlicensed persons. Specifically, the constraints on the shipment of exempt quantities pursuant to 10 CFR 32.19(a) indicate, in part, that "no more than 10 exempt quantities..shall be sold or transferred in any single transaction and pursuant to 10 CFR 32.19(b), "... No more than 10 such packaged exempt quantities shall be contained in any outer package for transfer to persons exempt..." NRC has determined that a " single transaction" was intended to limit the number of shipments of exempt quantities to unlicensed persons and that no more than 10 exempt quantities may be shipped at one time. For instance, if an unlicensed person orders 20 exempt quantities, they must be informed that only 10 exempt quantities may be sold or transferred in any single transaction. The other 10 exempt quantities would have to be sold or transferred in another transaction. Please review your exempt quantity distribution license program for compliance with these regulations.
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Multiple Addressee's If you have any questions or require further information about this letter or the Generic Letter, you should contact Anthony Kirkwood of my staff at (301) 415-6140.
Sincerely, (Orig, signed by)
Larry W. Camper, Chief Materials Safety and inspection Branch Division of Industrial and Medical Nuclear Safety Office of Nuclear Material Safety and Safeguards
Enclosure:
As stated DISTRIBUTION:
Hard copy
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RLO'Connell Hard copy & E-mail GPangburn, RI DCollins/MLesser, Ril CPederson, Rlll DChamberlain, RIV MFuller, Ril (Navy Coord.)
TGaines, RIV(Airforce Coord)
E-Mail only FCostello, RI RBellamy, R1 MShanbacky, RI JKinneman, RI SVillar, RI JHenson, Ril CHosey, Rll TDecker, Ril RWoodruff, Ril JMadera, Rlli CFrazier, Rill IMPhillips, Rlll GWright, Rlli CCain, RIV BSpitzberg, RIV LHowell, Rr/
ECollins, RIV PLohaus, OSP JLieberman, OE JOLubeneau Document Name: H:\\ EXEMPT \\32.18\\ ALLEGE \\RTI-IPL6.WPD
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if you have any questions or require further Information about this letter or the Generic Letter, f' you should contact Anthony Kirkwood of my staff at (301) 415-6140.
7 Sincerely,
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Larry W. Camper, Chief,/
Materials Safety and Inspection Branch Division of Industrialand Medical Nuclear, Safety Office of Nucleaf Material Safety and Safegua'rds
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Enclosure:
As stated
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Multiple Addressee's If you have any questions or require further information about this letter or the Generic Letter,
- you should contact Anthony Kirkwood of my staff at (301) 415-6140.
Sincerely,.
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.Ca Larry Materia Safbty and Inspection E) ranch Division of Industrial and Medical Nuclear Safety.
Office of Nuclear Material Safety and Safeguards
Enclosure:
As stated 4
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UNITED STATES NUCLEAR REGULATORY COMMISSION OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS i
WASHINGTON, D.C. 20555 May 3,1999 NRC GENERIC LETTER 99-01: RECENT NUCLEAR MATERIAL SAFETY AND SAFEGUARDS DECISION ON BUNDLING EXEMPT QUANTITIES Addressees: All materials licensees.
Purpose:
The U.S. Nuclear Regulatory Commission (NRC) is issuing this generic letter to notify addressees about a recent Office of Nuclear Material Safety and Safeguards decision concerning bundling exempt quantities. NRC does not authorize: (a) the bundling of exempt quantities of byproduct material, (b) any program advising persons to combine exempt quantity sources; and (c) the possession and use of bundled exempt sources, in unregistered devices, by persons exempt from licensing. It is expected that recipients w;ll review this information for applicability to their facilities and consider actions, as appropriate. However, no specific action nor written response is required.
Discussion:
The NRC regulations that exempt any person from the requirements for a license for byproduct material are found in 10 CFR 30.18. A person is exempt from I; censing requirements to the extent that such a person possesses, uses, transfers, owns, or acquires byproduct material in individual quantities, each of which does not exceed the applicable quantity in 10 CFR 30.71, Schedule B (i.e., an " exempt quantity"). A person wishing to commercially distribute or initially transfer products containing byproduct material, such as exempt quantity check sources, to persons exempt from licensing, must obtain an exempt distribution license from NRC.
To obtain an exempt distribution license from NRC, product information must be submitted as outlined in 10 CFR Part 32 and, specifically, for exempt quantities, as outlined in 10 CFR 32.18, 32.19, and 32.20. In addition, pursuant to 10 CFR 32.18(c), NRC will not approve a license to manufacture, process, produce, package, repackage, or transfer quantities of byproduct material to persons exempt, pursuant to 10 CFR 30.18, if the exempt quantities are incorporated into any manufactured or assembled commodity, product, or device intended for commercial distribution.
9904290155
r GL 99-01 May 3,1999 i
Page 2 of 3 Severa! years ago staff became aware of the bundling of a limited number of exempt quantity sources in gauging devices. On June 3,1994, NRC determined that, under certain limited circumstances, bundling of exempt sources did not present a health and safety hazard.
However, recently NRC has received requests for permission to distribute an increased number of bundled sources in similar devices. As a result, NRC became concerned that the individual numbers of exempt sources bundled in such devices would reach some point where a general or specific license would normally be required. In the case where the bundled exempt sources remained exempt, NRC would have no mechanism to ensure their safe possession, use, and disposal.
Based upon a thorough reexamination, including discussions with Agreement States to ascertain their perspectives, NRC now has determined that combining any exempt sources is i
inconsistent with the regulations, pursuant to 10 CFR 30.18,32.18,32.19, and 32.20.
Instructing persons exempt from licensing to combine exempt quantities, and providing devices for them to do so, is in direct conflict with NRC's requirements for labeling of exempt sources.
Section 32.19 specificaliy instructs persons not to combine exempt quantities, since the exemption provided in 10 CFR 30.18 is applicable only as long as no individual nor discreet quantity of the byproduct materials exceeds the quantity limits specified in 10 CFR 30.71, Schedule B, and as long as the quantities set out in that schedule are originally received and remain separate and distinct from other quantities of exempt byproduct materials. The labeling requirements in 10 CFR 32.19, which address shipments to exempt persons, instruct 10 CFR 32.18 licensees to label the "immediate container" with information identifying the radioisotope and the quantity of radioactivity, and m addition to that information, the container "
.. shall also bear the words.. ' Exempt Quantities Should Not Be Combined.'" Therefore, although the exemption in 10 CFR 30.18 provides for persons without a license to possess and use a wide variety of byproduct materials, and to possess and use specific byproduct materials without restriction as to the total quantity that may be possessed and used at any one time, the regulations do not authorize, but rather discourage, grouping exempt quantities of byproduct material.
At this time, devices already in use, having multiple exempt quantities of byproduct material, may continue to be used. NRC does not plan to take any action regarding these devices or users unless a radiological safety hazard is identified. However, persons possessing such devices should maintain control and account for these de; t es and the exempt sources contained within them. To this end, it is good practice to clearly label the devices with radioactive materials waming labels bearing the standard radiation warning symbol and standard magenta (or purple) and yellow colors. Additionally, it is preferable to not dispose of devices containing multiple exempt sources through ordinary commercial waste disposal or metal recycling channels because of the pr%ence of bundled radioactive material. If devices containing sources are no longer needed, the supplier should be consulted for advice regarding proper disposal eptions.
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May 3,1999 -
Page 3 of 3 i
_ NRC plans to further evaluate the risks associated with these devices. After this evaluation, l:
NRC will consider appropnate steps, including rulemaking, to clarify the regulatory status of -
i these devices and assure the protection of the public health and safety and with consideration of property protection. It is anticipated that the evaluation and rulemaking process, if undertaken, will take 2 to 3 years.
If you have any questions about this matter, please call the technical contact listed below or the appropriate regional. office.
o aid A Cool, Director Division of Industrial and l
Medical Nuclear Safety Office of Nuclear Material Safety and Safeguards
Contact:
Anthony S. Kirkwood, NMSS (301) 415-6140 E-mail:- ask@nrc. gov
Attachment:
List of Recently issued NRC Generic Letter's, l
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Attachment GL 99-01 May 3,1999 Page 1 of 1 LIST OF RECENTLY ISSUED GENERIC 62TTERS I
GENERIC DATE OF LETTER SUBJECT ISSUANCE ISSUED TO 98-01, Supp.1 Year 2000 Readiness of Computer 1/11/99 All holders of operating li Systems at Nuclear Power Plants licenses for nuclear power Plants, except those who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel.
98-05 Boiling Water Reactor Licensees 11/10/98 All holders of operating Use of the BWRVIP-05 Report licenses (or construction To Request Relief From Augmented permits) for BWRs, except j
Examination Requirements on Reactor those who have permanently Pressure Vessel Circumferential Shell ceated operations and have Welds certified that fuel has been permanently removed from the reactor vessel.
98-04 Potential for Degradation of the 07/14/08 All holders of operating Emergency Core Cooling System licenses for nuclear power And the Containment Spray System reactors, except those who After a Loss-of-Coolant Accident have permanently ceased Because of Construction and operations and have certified Protective Coating Deficiencies that fuel has been and Foreign Materialin Containment permanently removed from the reactor vessel.
98-03 NMSS Licensees' and Certificate 06/22/98 Alllicensees or certificate Holders' Year 2000 Readiness holders for uranium Programs hexafluoride production plants, uranium enrichment plants, and uranium fuel fabrication plants, except those that have permanently ceased operations l
OP = Operating License CP = Construction Permit NPR = Nuclear Power Reactors