ML20236G019
| ML20236G019 | |
| Person / Time | |
|---|---|
| Issue date: | 06/30/1998 |
| From: | Combs F NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Cahill B RONAN ENGINEERING CO. |
| References | |
| NUDOCS 9807060057 | |
| Download: ML20236G019 (2) | |
Text
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4 June 30, 1998 Ronan Engineering Company Measurements Division ATTN: Bon Cahill l
General Manager 8050 Production Drive Florence, Kentucky 41042
Dear Mr. Cahill:
In a facsimile dated May 7,1994, Ronan Engineering Company (Ronan) requested verification that the advice it had planned to give its customers to put multiple exempt quantity sources in a tube inside a mold housing a radiation detector, would not put Ronan, its customers, or the persons supplying sources under a Nuclear Regulatory Commission (NRC) license issued pursuant to 10 CFR 32.18, in violation of NRC regulations. In a letter dated June 3,1994, NRC responded that the situation described did not violate any NRC regulations.
As discussed during the June 19,1998, telephone conversation between you and Mr. Lubinski, NRC, the NRC Office of General Counsel (OGC) has determined that the NRC position that was transmitted in the June 3,1994, letter was in error. Specifically, that decision finds that combining of exempt sources is inconsistent with the regulations pursuant to 10 CFR 30.18, 32.18,32.19 and 32.20. Because the exemption provided in 10 CFR 30.18, as set out in the regulation itself, is applicable only as long as no individual or discreet quantity of the byproduct lO 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, Ronan's instructions and the jig that it provides b to its customers is in direct conflict with the NRC's requirements for labeling of exempt sources which instruct persons not to combine exempt quantities. The labeling requirements in section 32.19, which address shipments to persons exempt, instruct 32.18 licensees to label the "immediate container" with information identifying the radioisotope and the quantity of radioactivity, and in addition to that information, "shall also bear the words . ' Exempt Quantities Should Not Be Combined.'" Therefore, while the exemption in section 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 which may be possessed and used at any one time, the regulations do not authorize, but rather prohibit, grouping exempt quantities of byproduct material. Please be advised that Ronan must discontinue its program of advising its customers to combine exempt quantity sources.
Ronan may distribute these devices to specific or generallicensees. However, in order to do so, Ronan must have the device design evaluated and registered with Kentucky, an Agreement State, and if distributed to general licensees, Ronan must have its general distribution license amended.
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. At this time, devices already in use having multiple'exem'pt quantities of byproduct material may f' ,
.! continue to be used. NRC does not plan to take any' action with respect to these devices or -
. users unless a radiological safety hazard is identified. As discussed on June 24,1998, with Mr.
1 Steven.Baggett of my staff /? NRC will . allow Ronan to continue to distribute devices having
. multiple exempt quantities of byproduct material for a period of 60 days from the date of this letter' M-4 7
- NRC plans.to perform a risk assessment to determine if there are any public safety concems with these devices and whether any further action is warranted. If the risk assessment
. demonstrates a low risk to the public, NRC would initiate rulemaking to authorize the distribution of these devices to persons exempt from licensing. It is anticipated that the risk assessment and rulemaking process will take 2 to 3 years.'
~, Sincerely,.
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-(orig. signd by J. Piccone; for)
Frederick C. Combs, Acting Director
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Division of Industrial and -
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Medical Nuclear Safety E
~ Office of Nuclear Materials Safety and Safeguards
. cc:- Vickie Jeffs, State of Kentucky.
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