ML20246F220
| ML20246F220 | |
| Person / Time | |
|---|---|
| Issue date: | 03/01/1989 |
| From: | Joseph Austin NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Mallett B NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| Shared Package | |
| ML20245C323 | List:
|
| References | |
| FOIA-89-182 NUDOCS 8905120170 | |
| Download: ML20246F220 (3) | |
Text
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'S UNITED STATES
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f . y; , NUCLEAR REGULATORY COMMISSION
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HEHORANDUM FOR: Bruce S. Hallett, Chief Nuclear Materials Safety Branch, RIII FROM: John H. Austin, Acting Branch Chief Medical, Academic, and Comercial Use Safety Branch, HMSS
SUBJECT:
REQUEST FOR TECHNICAL ASSISTANCE ON THE USE OF ALPHA-EMITTING LIGHTNING RODS Your February 16, 1989 memorandum requested further clarification of my December 29, 1988 nemorandum regarding the use of alpha-emitting materials in lightning rods. As discussed in a February 3,1989 telephone conversation with you, the Decemaer 29, 1988 memorandum was written with byproduct material in mind and not source material which is governed by 10 CFR Part 40.
In your February 16, 1989 memorandum you state: " Based upon our conversation and review of the regulations, it is our understanding that the manufacture and distribution of lightning rods containing small quantities of thorium-232 is permitted pursuant to 10 CFR 40.22 or the equivalent regulations.of an Agreement State, subject to the conditions therein. It is also our understanding that the possession and use of these lightning rods is pemitted pursuant to 10 CFR 40.22 or the equivalent regulations of an Agreement State, subject to the conditions contained therein". You asked whether those understandings are correct. I agree that we reached those understandings in the telephone conversation of February 3,1989. However, I have reviewed the matter further and now offer a different perspective.
I agree thht one reading of 10 CFR Part 40.22 would support the above understanding 5s. But the better reading of that section does nut support the above understandings.
As you know,10 CFR Part 40.22 states:
A general license is hereby issued authorizing commercial and industrial i firms, research, educational and medical institutions and Federal, State and local goternment agencies to use and transfer not more than ,
fifteen (15) poundri of source material at any one time for research, j development, educational, comercial or operational purposes. ;
I That regulation did not contemplate consumer products containing source !
material coming under a general license. Lightning rods are a consumer '
product. Section 13 of Part 40 identifies unimportant quantities of source material and exempts persons from the regulations for, among other things, l consumer products such a5: incandescent gas manties, glazed ceramic tableware, l
photographic film, finished optical lenses, and fire detector units. Each of I
these consumer products were authorized pursuant to a rulemaking proceeding ,
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Bruce S. Mallett that established the benefits of the use of source material and that limited the quantitles that could be used in the consumer product. For example, fire detector units are limited to no more than 0.005 microcurie of uranium. ~
Accordingly,10 CFR Part 40.22 does not authorize distribution of lightning rods containing source material to consumers.
1 The Office of General Counsel agrees with this memorandum. )
0 John H. Austin, Acting Branch Chief i Medical, Academic, and Commercial Use Safety Branch, NMSS cc: James H. Joyner, RI William E. Cline, Rll William L. Fisher, RIV Robert J. Pate, RV ,
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