NRC Generic Letter 78-36, Cessation of Plutonium Shipments by Air Except in NRC Approved Containers

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September 1, 1978

To NRC Licensee

By order dated August 15, 1975, NRC licensees were ordered, notwithstanding the provisions of 10 CFR Part 71 and any provisions of their license, to cease and desist from making any shipments of plutonium by air, other than plutonium contained in a medical device designed for individual human application.

Except for plutonium contained in a medical device designed for indivdual human application, Public Law 94-79 prohibited the NRC from licensing any shipments of plutonium by air until the NRC certified to the Congress that a safe container had been developed and tested which would not rupture under crash and blast-testing equivalent to the crash and explosion of a high-flying aircraft.

On August 4, 1978, the NRC certified to Congress that a package which would fulfill the requirements of Public Law-94-79 had been designed and tested. The Pluutonium Air Transportable Package, Model PAT-1, has been issued NRC Certificate of Compliance No. 0361. This Certificate of Compliance authorizes use of the Model PAT-1 package for air transport of plutonium.

Accordingly, the Commission hereby orders that not withstanding any provisions to the contrary in the NRC's regulations or in your license, shipments of plutonium by air, other than plutonium contained in a medical device designed for indivdual human application, may only be made in packages the design of which the NRC has specifically approved for transport of plutonium by air.

This order supersedes the Commission order of August 15, 1975.

Information regarding the use of the Model PAT-1 package may be obtained from Mr. Charles E. MacDonald, Cheif, Transportation Branch, Division of Fuel Cycle and Material Safety, telephone (301) 427-4122.

Sincerely,

Clifford V. Smith, Jr. Director Office of Nuclear Material Safety and Safeguards