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 L, Miller C L NRC/NMSS/IMNS, NRC/NRR/DIPM/IROB
To:
Kirkwood A S
References
RIS-05-011
Download: ML051290143 (5)

UNITED STATESNUCLEAR REGULATORY COMMISSIONOFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDSOFFICE OF NUCLEAR REACTOR REGULATIONWASHINGTON, DC 20555-0001July 11, 2005NRC REGULATORY ISSUE SUMMARY 2005-11REQUIREMENTS FOR POWER REACTOR LICENSEES INPOSSESSION OF DEVICES SUBJECT TO THE GENERAL LICENSEREQUIREMENTS OF 10 CFR 31.5

ADDRESSEES

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

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 wasdiscovered 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 utilizationfacility (i.e., the nuclear power plant), to comply with NRC requirements in 10 CFR 73.55, theNRC 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 possessand 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 commercialand 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 andbear statements that removals of such labels are prohibited;Section 31.5(c)(2) requires assuring the devices are tested for leakage of radioactivematerial 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 testingrequirements;Section 31.5(c)(12) requires appointment of an individual responsible for havingknowledge 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 usedto 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 CFR32.52. FEDERAL REGISTER NOTICEA notice of opportunity for public comment was not published in the Federal Register becausethis 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 RegulatoryEnforcement Fairness Act of 1996.

PAPERWORK REDUCTION ACT STATEMENT

This RIS does not request any information collection and, therefore, is not subject to thePaperwork 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 ProjectManager listed below, or to the appropriate Office of Nuclear Reactor Regulation (NRR) projectmanager. /RA//Original Signed by Patricia K. Holahan/Patrick L. Hiland, ChiefCharles L. Miller, DirectorReactor Operations BranchDivision of Industrial and Division of Inspection Program Management Medical Nuclear Safety Office of Nuclear Reactor RegulationOffice of Nuclear Material Safety and SafeguardsTechnical Contacts:Stephen P. Klementowicz, NRRAnthony S. Kirkwood, NMSS(301) 415-1084(301) 415-6140

E-mail: sxk@nrc.govE-mail: ask@nrc.govAttachment: List of Recently Issued NMSS Generic CommunicationsNote: 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 thePaperwork 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 ProjectManager listed below, or to the appropriate Office of Nuclear Reactor Regulation (NRR) projectmanager. /RA//Original Signed by Patricia K. Holahan/Patrick L. Hiland, ChiefCharles L. Miller, DirectorReactor Operations BranchDivision of Industrial and Division of Inspection Program Management Medical Nuclear Safety Office of Nuclear Reactor RegulationOffice of Nuclear Material Safety and SafeguardsTechnical Contacts:Stephen P. Klementowicz, NRRAnthony S. Kirkwood, NMSS(301) 415-1084(301) 415-6140

E-mail: sxk@nrc.govE-mail: ask@nrc.govAttachment: List of Recently Issued NMSS Generic CommunicationsNote: 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/FOES R/FML051290143 *See previous concurrenceOFFICEMSIB*NMSS*IMNS Gen. Coord. MSIB*IMNS*NAMEAKirkwoodEKrausICabreraTHarrisRCorreiaDATE5/9/055/11/05 7/05/055/19/055/25/05OFFICEIMNS*OSTP*OGC*NRR*NRR*NAMEJHickeyPLohausSTreby/NLOSKlementowiczTQuay DATE5/23/056/02/05 6/23/055/31/055/31/05OFFICEIMNSNRRNRRNRRNAMECMillerAWMarkleyEJBennerPLHilandDATE07/06/057/08/057/08/057/11/05OFFICIAL RECORD COPY

Attachment Recently Issued NMSS Generic CommunicationsDateGC No.Subject

Addressees

06/10/05 RIS-05-10 Performance-BasedApproach for Associated Equipment in 10 CFR 34.20All industrial radiographylicensees and manufacturers and distributors of industrial radiography equipment.04/18/05RIS-05-06Reporting Requirements forGauges Damaged at Temporary Job SitesAll material licensees possessingportable gauges, regulated under

10 CFR Part 30.04/14/05RIS-05-04Guidance on the Protectionof Unattended Openings that Intersect a Security Boundary or AreaAll holders of operating licensesor construction permits for nuclear power reactors, research and test reactors, decommissioning reactors with fuel on site, Category 1 fuel cycle facilities,critical mass facilities, uranium conversion facility, independentspent fuel storage installations, gaseous diffusion plants, and certain other material licensees.6/23/05IN-05-17Manual BrachytherapySource JammingAll medical licensees authorizedto possess a Mick applicator.05/17/05IN-05-013Potential Non-conservativeError in Modeling Geometric Regions in the Keno-v.a Criticality CodeAll licensees using the Keno-V.acriticality code module in Standardized Computer Analyses for Licensing Evaluation (SCALE)

software developed by Oak Ridge National Laboratory (ORNL)05/17/05IN-05-012Excessively Large CriticalitySafety Limits Fail to Provide Double Contingency at Fuel Cycle FacilityAll licensees authorized topossess a critical mass of special nuclear material.04/07/05IN-05-010Changes to 10 CFR Part 71PackagesAll 10 CFR Part 71 licensees andcertificate holders.Note: NRC generic communications may be found on the NRC public website,http://www.nrc.gov, under Electronic Reading Room/Document Collections.