ML20246M097
| ML20246M097 | |
| Person / Time | |
|---|---|
| Site: | Washington State University |
| Issue date: | 05/08/1989 |
| From: | Chris Miller Office of Nuclear Reactor Regulation |
| To: | Miller V NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA) |
| References | |
| NUDOCS 8905190037 | |
| Download: ML20246M097 (3) | |
Text
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UNITED STATES g
NUCLEAR REGULATORY COMMISSION l
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WASHINGTON. D. C. 20555 j
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p May 8, 1989 MEMORANDUl1 FOR:
Vandy L. Miller, Assistant Director for State Agreements Program State, local and Indian Tribe Programs FROM:
Charles L. Hiller, Director h Standardization and Non-Power Reactor Project Directorate Division of Reactor Projects - III, IV,
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V and Special Projects Office of Nuclear Reactor Regulation
SUBJECT:
STATE LICENSED BYPRODUCT MATERIAL IN A RESEARCH REACTOR POOL This is in response to your December 14, 1988 memorandum requesting our assistance in determining jurisdiction over cobalt-60 sources which are stored and used in the pool of the research reactor at Washington State University (Docket No. 50_27).
In memorandums from Dennis M. Crutchfield dated March 8,1988 and August 18, 1988 (enclosed) concerning regulatory responsibility for byproduct materials in non-power reactors, byproduct naterial within a non-power reactor facility will generally be assumed to be possessed under the reactor license, unless there is prior documentation approved by NRC, or some other clear demonstration that the licensed material is covered under another license. The State of Washington asks if they should continue to have jurisdiction over the cobalt sources. Because the State of Washington clearly has jurisdiction over the material at the present time, they should continue to have jurisdiction.
In our Safety Evaluation Report (NUREG-0911, issued in 1982) written for the renewal of the Washington State University research reactor cperating license, Section 12.3.2 discusses a 3000 curie cobalt-60 source as being located in the reactor pool but possessed under the authority of the State of Washington.
However, because this byproduct material is located in a research reactor pool and use of sources may affect the safe operation of the research reactor, the reactor's technical specifications should contain governing limiting conditions of operation (LCO) and surveillance requirements. This is analogous to controlling the use of explosives, chemicals, or special nuclear material when introduced into the reactor as experiments.
Issues to be considered in the technical specifications include location and uses (experiment design and approval) of the source, cooling of the source, and detection of and response to source failure.
CONTACT:
g A. Adams, NRR/PDSNP 492-1121 8905190037 090508
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2 Mr'. Vandy L. Miller May 8, 1989 The requirement that the source meets the current minimum standards for i
I fabrication should be addressed by the byproduct license.
If this approach is acceptable, my staff will contact and work with Washington State to amend the Facility Operating License.
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dhCharlesL, Miller,Directo i
Standardization and Non-Power Reactor Project Directorate Division of Reactor Projects - III, IV, V and Special Projects Office of Nuclear Reactor Regulation
Enclosure:
As stated i
4 1
.i ENCLOSURE
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. #'pa asaug'o, UNITED STATES NUCLEAR REGULATORY COMMISSION I
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.I w AsHINGTON, D. C. 20555 March 8, 1988 e....
MEMORANDUM FOR:
Frank J. Congel, Director Division of Radiation Safety and Safeguards, RI Douglas M. Collins, Director Division of Radiation Safety and L
Safeguards, RII John A. Hind. Director Division of Radiation Safety and Safeguards, RIII Richard L. Bangar't Director Division o.f Radiation Safety and Safeguards, RIV Ross A. Scarano, Director Division of Radiation Safety and Safeguards, RV FROM:
Dennis M. Crutchfield, Director Division of Reactor Projects - III, IV, Y and Special Projects Office of Nuclear Reactor Regulation
SUBJECT:
REGULATORY RESPONSIBILITIES FOR BYPRODUCT MATERIALS IN NON-POWER REACTORS In a memorandum dated June 8, 1987, Region IV requested guidance for determining cases where licensed material in a non-power reactor facility may be covered by a NRC material license or an Agreement State license, rather than the reactor license. This issue becomes important in determining compliance and issuing notices of violation involving licensed material in a reactor facility. All regions were asked to conenent on this issue. After consideration of your coments, we are providing the following guidance. The guidance has been coordinated with NMSS, GPA, and OGC.
1.
Generic guidance related to this issue is contained in Inspection Manual Chapter 2882, Appendices 1 and 2.
Normally, material within a non-power reactor facility will generally be assumed to be possessed by the reactor licensee, unless there is prior documentation approved by NRC, or some other clear demonstration that the licensed material is covered under another license, i
CONTACT:
T. Michaels NRR/PDSNP Ext. 21102 y(
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. 2.
Consistent with #1 above, NMSS does not normally issue sep;arate licenses which authorize possession of licensed material within an operating reactor facility.
If a reactor facility license is silent with regard to possession of byproduct mater.ial, it should be amended. NRC normally exercises exclusive federal jurisdiction within operating reactor facilities.
3.
All byproduct material which is to be inserted into a reactor, or which is removed from the reactor, must be covered by the reactor license while the material is within the facility.
4.
The facility boundaries for e non-power reactor are nonna11y defined s
by the Safety Evaluation Report or Technical S>ecifications.
In the absence of identifiable facility boundaries, tie Regions should establish a facility boundary with the licensee for compliance purposes, and the boundary should be specified in TS or FSAR.
5.
As indicated in Manual Chapter 2882, Appendix 2, there are exceptions to the above guidelines, and specific cases can be complex. Questionable cases should be referred to Headquarters for resolution along with a proposed course of action.
Questions concerning this guidance or specific cases should be referred to this Division for resolution. We will coordinate with NMSS, GPA, and OGC as appropriate.
4 L pf 12 i
fen'n'iYK.' Crutchf e, ird tor '
Division of Reactor Projeofs - III, IV, Y and Special Projects Office of Nuclear Reactor Regulation l
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K UNITED STATES
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1, NUCLEAR REGULATORY COMMISSION
,'I wAsHWGTON. D. C. 20566 T/*
August 18, 1988 j
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' MEMORANDUM FOR:
Stewart D. Ebneter, Director Division of Radiation Safety and Safeguards, RI J. Phillip Stohr, Director Division of Radittion Safety and Safeguards, RII John A. Hind, Director Division of Radiation Safety and Safeguards, RIII Richard L. Bangart, Director Division of Radiation Safety and Safeguards,RIV(
Ross A. Scarano, Director Division of Radiation Safety and Safeguards, RY
SUBJECT:
LICENSE CONDITION FOR BYPRODUCT MATERIAL TO BE IRRADIATED IN A NON-POWER REACTOR At the Reactor Health Physics Counterpart Meeting of May 18-19, 1988, a question arose as to what the appropriate license condition should be for possession of byproduct material at non-power reactor facilities (see, item 8). The question was prompted by a statement in guidance provided to the Regions in a memorandum dated March 8, 1988 (Enclosure 2).
The statement in enclosure 2 appears in item 2 and reads as follows:
...If a reactor license is silent with regard to possession of byproduct material it shall be amended...
Allnon-powerreactorlicenseshavealicenseconditionwhichpermitsth[
licensee to
" possess, but not to separate such byproduct material as may have been produced by operation of.the facility.' This license condition, however, does not adequately cover byproduct material received at the facility which is going to be irradiated in the reactor. Enclosure 2 (Memoranoum, j
D.M...Crutchfield to Regions, March 8, 1988), item 3 states that -
All byproduct material which is to be inserted into a reactor, or which is removed from the reactor, must be covered by the l
reactor license while the material is within the facility.
In order to satisfy this condition, the license condition dealing with possession of byproduct material should be amended if a licensee receives l
CONTACT:
- 7. Michaels, NRR/PDSNP 492-1102
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The license byproduct material which is to be irradiated in the reactor.
ccndition should read as follows:
Pursuant to the Act and 10 CFR Part 30, " Rules of General Applicability to Licensing of Byproduct Material," (and Part 70)*, to receive byproduct material which is to be irradiated in the reactor within 31 days of receipt, and to possess, but not separate, such byproduct (and special 1
nuclear)* materials as may be produced by operation of the facility.
- Delete if Part 70 not applicable 1.icensees must request an amendment to their license to include this condition if they receive byproduct material to be irradiated by their reactor, unless the material is covered by another license before it is inserted into the i
reactor.
Violations involving byproduct inaterial that is to be irradiated in a non-power reactor should generally be charged against the reactor license unless some other specific documentation has been developed by the licensee.
In this regard the statement in: enclosure 2, item 3 is modified to read as follows:
All byproduct material which is to be inserted into a reactor, should be covered by the reactor license; byproduct material which is removed from the reactor must be covered by the reactor license.
N Dennis M. Crutchfield, Di, ctor Division of Reactor Proj ts - III, IV, Y and Special Projects OfficeofNuclearReactorRegula) ion
Enclosures:
As stated 9
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Mr. Vandy L. Miller May 8, 1989 The requirement that the source meets the current minimum standards for fabrication should be addressed by the byproduct license.
If this approach is acceptable, nty staff will contact and work with Washington State to amend the Facility Operating License.
/s/'
Charles L. Miller, Director Standardization and Non-Power Reactor Project Directorate Division of Reactor Projects - III, IV, Y and Special Projects' Office of Nuclear Reactor Regulation
Enclosure:
As stated DISTRIBUTION:
. Central ; F 11e.,[
NRC PDR PDSNP R/F EHylton AAdams LA SNP PM:PD D:PDSNPjy' E
n AAda CMiller 05/ /89 05/S/89 05/7/89
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