ML20212K205
| ML20212K205 | |
| Person / Time | |
|---|---|
| Issue date: | 09/16/1999 |
| From: | Combs F NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | GENERAL, MINNESOTA, STATE OF, OKLAHOMA, STATE OF, PENNSYLVANIA, COMMONWEALTH OF, WISCONSIN, STATE OF |
| Shared Package | |
| ML20212K209 | List: |
| References | |
| SP-99-063, NUDOCS 9910060175 | |
| Download: ML20212K205 (5) | |
Text
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pa ng g \ UNITED STATES g j NUCLEAR REGULATORY COMMISSION WASiHNOTON, D.C. 20066 0001
- * * * + ,o September 16, 1999 ALL AGREEMENT STATES MINNESOTA, OKLAHOMA, PENNSYLVANIA, WISCONSIN PROGRAM MANAGEMENT INFORMATION: NATIONAL SCIENCE FOUNDATION AND THE U.S. NUCLEAR REGUL % TORY COMMISSION'S MEMORANDUM OF UNDERSTANDING ON ANTARCTICA (SP-99 063)
I Enclosed for your information is a copy of a Memorandum of Understanding (MOU) between the National Science Foundation (NSF) and the U.S. Nuclear Regulatory Commission (NRC) conceming the regulatory oversight of radioactive material used in Antarctica. Enclosed also, is a memorandum from Dr. Carl Paperiello to NRC's Regions on ihe MOU.
The purpose of this MOU is to clarify the responsibilities of the NSF and the NRC with respect to regulatirsg the safe use of radioactive materials in Antarctica in order to avoid any duplication of effort and ensure efficient management of those materials. The MOU recognizes the NSF's regulatory oversight, as described in 45 CFR Part 671 and NSF poll les, and reflects the agences' understanding that NRC will not exercise any authority ur der the Atomic Energy Act of 1954, as amended to regulate the use of byproduct, source or special nuclear material in Antarctica. With regard to the Agreement States, some of your licensees may be shipping and receiving radioect!ve materials via NSF ships between the United States and Antarctica.
Through the MOU, NRC and Agreement State licensees may transfer radioactive material to the NSF for transport and use in Antarctica. Transfers of radioactive material from the United States to Antarctica will be treated as transfers under 10 CFR 30.41 (b)(7) or equivalent provisions of Agreement State regulations. The transfers must be recorded as lo Antarctica, through (common carrier), per MOU with NSF." No NRC export license (specific or general) is required for NSF shipments of materials to Antarctica because the shipment will not be transferred to a foreign sovereign.
Raucactive material re-entering the United States from Antarctica will take the form either of radioactive material for use or radioactive waste. The retum of radioactive material for use by an NRC or Agreement State licensee, is coverea under the generallicense in 10 CFR Part 110.27 entitled, " General license for import." The retum of radioactive waste, however, requires a specific import license issued by the NRC. The NRC has, however, waived the specific license requirement for radioactive waste imports under Section 110.27(c), in order to expedite the retum of radioactive waste generated in Antarctica by NRC and Agreement State licensees.
This waiver will therefore, allow retum shipments under the general license for both radioactive '
material for use and radioactive waste. All shipments must satisfy the requirements of 10 CFR 110.27, including the requirement in Section 110.27(a)(3) that the consignee be authorized to possess the material under a general or specific license issued by NRC or an Agreement State.
The NRC or Agreement State licensee cannot exceed its possession limit in order to receive materialfrom Antarctica.
9910060175 990916 k W k]
SP-99-063 SEP I B1999 To assist us in this effort, we request that upon renewal or amendment of any licenses which may authorize locations of use within Antarctica, that you delete from thot,e licenses, any such references to Antarctica. Under the MOU, all uses of radioactive material by NRC or Agreement State licensees in Antarctica will be under the regulatory oversight of the NSF.
If you have any questions regarding this correspondence, please contact me or the individual named below.
POINT OF CONTACT: Lloyd A. Bolling INTERNET: LAB @ NRC. GOV TELEPHONE: (301)415-2327 FAX: (301) 415-3502 Origins 1 signed by:
Frederick C. Combs, Deputy Director Office of State Programs
Enclosures:
As stated Distribution:
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PHLohaus PDR (YESj_) (NO_)
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RHauber, OlP STreby, OGC HNewsome, OGC MBurgess, NMSS All A/S File
- See previous concurrence DOCUMENT NAME: G:\ LAB \Sp99 063.wpd To receive a copt of this document, Indicate in the box:
"C" = Copy without attachment /enclosura lE' = Copr with attachment / enclosure *N"= No copy OFFICE OSP OGC @([pb l l NAME LABollino:gd TRothschild*
DATE FCdom(s. /
00/15/99* 07/28/99 Oy l To/99 OSP FILE CODE: SPjh~-4 I
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To assist us in this effort, we request that upon renewal.or amendment of any licenses which may authorize locations of use within Antarctica, that yo'u delete from those licenses, any such references to Antarctica. Under the MOU, all uses of r$dioactive material by NRC or Agreement State licensees in Antarctica will be under the regulat oversight of the NSF.
If you have any questions regarding this correspondence, please contact me or the individual named below.
POINT OF CONTACT: ' Lloyd A. Bolling NTERNET: LAB @NRC. GOV TELEPHONE: (301) 415-2327 AX: (301) 415-3502 Frederick C. Combs, Deputy Director Office of State Programs
Enclosure:
/
As stated 1 1
I Distnbution:
DIR RF DCD (SP03)
PHLohaus PDR (YES.L) (NO_)
SCDroggitis RH:uber, OlP STreby, 00. I HNewsome,000 M3urgess, NMSS ;
All A/S File
- See previous concurrence J DOCUMENT NAME: G:tLABtSp99nsf.wpd /
T'a receive a cop r of this document, ind6cate in the box: "C" a Copy wettiout attachtnentlerg:losure "E" = Copy wtth attachment /errkmure "N" = No copy OFFICE R [_ OGC / ] OSP:DD l l NAME LAB 5Jir%:gd TRothschilf FCCombs l DATE 09//f /99 07/28/99 09/ /99 l i OSP FILE CODE: SP-A-4 l
2 i
refer ces to Antarctica. Under the MOU, all uses of radioactive material by NRC or Agree nt State licensees in Antarctica will be under the regulatory oversight of the NSF.
If you hav ny questions regarding this correspondence, please contact me or the individual named belo POINT OF COP ACT: Lloyd A. Bolling TELEPHONE: (301) 415-2327 FAX: (301) 415-3502 ;
INTERNET:' LAB @NRC. GOV i Paul H. Lohaus, Director Office of State Programs
Enclosure:
As stated Distribution:
DIR RF DCD (SP03)
SDroggitis DR (YES y_' ) (NO_)
A/S File chaus RHauber, OlP LA olling TRothschild, OGC ggg GKim, OGC gg3, gggg/g g sg DOCUMENT NAME: G:\LC\Rothschild\Sp98nsf.wpd 70 receive e copf of this document, Indicate in the bar: *C' = Copy without attactiment/ enclosure "E" = Copy with attachment / enclosure *N" = No copy F
O_FFICE OSP l OSP:D Q.GP - L l l NAME LABolling PLohaus Troths /h'G#
DATE 07/ /99 07/ /99 07/c2f /99 i OSP FILE CODE: SP A-??
1
SP 063 gg g To assist us in this effort, we request that upon renewal or amendment of any licenses which may authorize locations of use within Antarctica, that you delete from those licenses, any such references to Antarctica. Under the MOU, all uses of radioactive material by NRC or Agreement State licensees in Antarctica will be under the regulatory oversight of the NSF.
If you have any questions regarding this correspondence, please contact me or the individual named below.
POINT OF CONTACT: Lloyd A. Bolling INTERNET: LAB @ NRC. GOV TELEPHONE: (301)415-2327- FAX: (301) 415-3502 ric Mombs, Deputy Director Offic of State Programs
Enclosures:
As stated
!