RIS 2005-11, Requirements for Power Reactor Licensees in Possession of Devices Subject to the General License Requirements of 10 CFR 31.5

Requirements for Power Reactor Licensees in Possession of Devices Subject to the General License Requirements of 10 CFR 31.5

ML051290143
Person / Time
Issue date:	07/11/2005
From:	Hiland P, Chris Miller NRC/NMSS/IMNS, NRC/NRR/DIPM/IROB
To:
Kirkwood A
References
RIS-05-011
Download: ML051290143 (5)

UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS

OFFICE OF NUCLEAR REACTOR REGULATION

WASHINGTON, DC 20555-0001 July 11, 2005 NRC REGULATORY ISSUE SUMMARY 2005-11 REQUIREMENTS FOR POWER REACTOR LICENSEES IN

POSSESSION OF DEVICES SUBJECT TO THE GENERAL LICENSE

REQUIREMENTS OF 10 CFR 31.5

ADDRESSEES

All holders of operating licenses for nuclear power reactors and generally licensed device vendors.

INTENT

The U.S. Nuclear Regulatory Commission (NRC) is issuing this regulatory issue summary (RIS)

to remind and/or inform addressees of the requirements for the receipt, possession, use, and transfer of generally licensed devices as described in 10 CFR 31.5 and 10 CFR 32.52. No specific action nor written response is required.

BACKGROUND

During a recent NRC radiation safety inspection at a commercial nuclear power plant, it was discovered that generally licensed devices used in the operation of the plant, as required by 10 CFR 73.55, were not being maintained in accordance with the requirements in 10 CFR 31.5.

The licensee incorrectly assumed that these devices were not under the jurisdiction of NRC,

and therefore did not include them in its radiation protection program required by its 10 CFR Part 50 license. Additionally, the licensee failed to include the devices in any program that would ensure they were maintained in accordance with regulatory requirements. Since the devices at issue are possessed and used as part of the operation of a production or utilization facility (i.e., the nuclear power plant), to comply with NRC requirements in 10 CFR 73.55, the NRC has exclusive jurisdiction over the byproduct material contained in these devices.

Accordingly, a violation of NRC requirements was identified in the above-mentioned inspection.

SUMMARY OF ISSUE

All Part 50 licensees are required to comply with the regulations in 10 CFR 31.5, if they possess and use byproduct material contained in devices subject to general licenses to support the operation of their facilities.

Section 31.5 contains the regulatory requirements for issuing a general license to commercial and industrial firms to acquire, receive, possess, use, or transfer in accordance with the provisions in paragraphs (b), (c), and (d) of this section byproduct material contained in certain measuring, detecting, and gauging devices. Some key examples of these requirements are stated, in part, below:

Section 31.5(c)(1) requires assuring that labels are affixed at the time of receipt and bear statements that removals of such labels are prohibited;

Section 31.5(c)(2) requires assuring the devices are tested for leakage of radioactive material and proper operation of the on-off mechanisms and indicators, if any, at no longer than 6 month intervals, or at such other intervals as specified on the labels;

Section 31.5(c)(4) requires maintaining records showing compliance with testing requirements;

Section 31.5(c)(12) requires appointment of an individual responsible for having knowledge of the appropriate regulations and requirements and the authority for taking required actions to ensure the day-to-day compliance with appropriate regulations.

Commercial power reactor licensees are hereby informed that generally licensed devices used to support reactor operations are under exclusive Federal jurisdiction and are subject to NRC

inspections. Vendors are hereby informed that generally licensed devices transferred to power reactor licensees need to be reported in their NRC quarterly reports in accordance with 10 CFR 32.52.

FEDERAL REGISTER NOTICE

A notice of opportunity for public comment was not published in the Federal Register because this RIS provides information that does not represent a departure from current regulatory requirements.

SMALL BUSINESS REGULATORY ENFORCEMENT FAIRNESS ACT

NRC has determined that this action is not subject to the Small Business Regulatory Enforcement Fairness Act of 1996.

PAPERWORK REDUCTION ACT STATEMENT

This RIS does not request any information collection and, therefore, is not subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.).

BACKFIT DISCUSSION

This RIS requires no specific action nor written response.

CONTACT

Please direct any questions about this matter to the technical contact(s) or the Lead Project Manager listed below, or to the appropriate Office of Nuclear Reactor Regulation (NRR) project manager.

/RA/ /Original Signed by Patricia K. Holahan/

Patrick L. Hiland, Chief Charles L. Miller, Director Reactor Operations Branch Division of Industrial and Division of Inspection Program Management Medical Nuclear Safety Office of Nuclear Reactor Regulation Office of Nuclear Material Safety and Safeguards Technical Contacts: Stephen P. Klementowicz, NRR Anthony S. Kirkwood, NMSS

(301) 415-1084 (301) 415-6140

E-mail: sxk@nrc.gov E-mail: ask@nrc.gov Attachment: List of Recently Issued NMSS Generic Communications Note: NRC generic communications may be found on the NRC public Web site, http://www.nrc.gov, under Electronic Reading Room/Document Collections.

PAPERWORK REDUCTION ACT STATEMENT

This RIS does not request any information collection and, therefore, is not subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.).

BACKFIT DISCUSSION

This RIS requires no specific action nor written response.

CONTACT

Please direct any questions about this matter to the technical contact(s) or the Lead Project Manager listed below, or to the appropriate Office of Nuclear Reactor Regulation (NRR) project manager.

/RA/ /Original Signed by Patricia K. Holahan/

Patrick L. Hiland, Chief Charles L. Miller, Director Reactor Operations Branch Division of Industrial and Division of Inspection Program Management Medical Nuclear Safety Office of Nuclear Reactor Regulation Office of Nuclear Material Safety and Safeguards Technical Contacts: Stephen P. Klementowicz, NRR Anthony S. Kirkwood, NMSS

(301) 415-1084 (301) 415-6140

E-mail: sxk@nrc.gov E-mail: ask@nrc.gov Attachment: List of Recently Issued NMSS Generic Communications Note: NRC generic communications may be found on the NRC public Web site, http://www.nrc.gov, under Electronic Reading Room/Document Collections.

DISTRIBUTION: IMNS/ R/F OES R/F

ML051290143 *See previous concurrence OFFICE MSIB* NMSS* IMNS Gen. Coord. MSIB* IMNS*

NAME AKirkwood EKraus ICabrera THarris RCorreia DATE 5/9/05 5/11/05 7/05/05 5/19/05 5/25/05 OFFICE IMNS* OSTP* OGC* NRR* NRR*

NAME JHickey PLohaus STreby/NLO SKlementowicz TQuay DATE 5/23/05 6/02/05 6/23/05 5/31/05 5/31/05 OFFICE IMNS NRR NRR NRR

NAME CMiller AWMarkley EJBenner PLHiland DATE 07/06/05 7/08/05 7/08/05 7/11/05 OFFICIAL RECORD COPY

Attachment Recently Issued NMSS Generic Communications Date GC No. Subject

Addressees

06/10/05 RIS-05-10 Performance-Based All industrial radiography Approach for Associated licensees and manufacturers and Equipment in 10 CFR 34.20 distributors of industrial radiography equipment.

04/18/05 RIS-05-06 Reporting Requirements for All material licensees possessing Gauges Damaged at portable gauges, regulated under Temporary Job Sites 10 CFR Part 30.

04/14/05 RIS-05-04 Guidance on the Protection All holders of operating licenses of Unattended Openings or construction permits for nuclear that Intersect a Security power reactors, research and test Boundary or Area reactors, decommissioning reactors with fuel on site, Category 1 fuel cycle facilities, critical mass facilities, uranium conversion facility, independent spent fuel storage installations, gaseous diffusion plants, and certain other material licensees.

6/23/05 IN-05-17 Manual Brachytherapy All medical licensees authorized Source Jamming to possess a Mick applicator.

05/17/05 IN-05-013 Potential Non-conservative All licensees using the Keno-V.a Error in Modeling criticality code module in Geometric Regions in the Standardized Computer Analyses Keno-v.a Criticality Code for Licensing Evaluation (SCALE)

software developed by Oak Ridge National Laboratory (ORNL)

05/17/05 IN-05-012 Excessively Large Criticality All licensees authorized to Safety Limits Fail to possess a critical mass of special Provide Double nuclear material.

Contingency at Fuel Cycle Facility

04/07/05 IN-05-010 Changes to 10 CFR Part 71 All 10 CFR Part 71 licensees and Packages certificate holders.

Note: NRC generic communications may be found on the NRC public website, http://www.nrc.gov, under Electronic Reading Room/Document Collections.