NRC Generic Letter 1999-01

NRC Generic Letter 1999-001: Recent Nuclear Material Safety and Safeguards Decision on Bundling Exempt Quantities

ML031110090
Person / Time
Site:	Beaver Valley, Millstone, Hatch, Monticello, Calvert Cliffs, Dresden, Davis Besse, Peach Bottom, Browns Ferry, Salem, Oconee, Mcguire, Nine Mile Point, Palisades, Palo Verde, Perry, Indian Point, Fermi, Kewaunee, Catawba, Harris, Wolf Creek, Saint Lucie, Point Beach, Oyster Creek, Watts Bar, Hope Creek, Grand Gulf, Cooper, Sequoyah, Byron, Pilgrim, Arkansas Nuclear, Braidwood, Susquehanna, Summer, Prairie Island, Columbia, Seabrook, Brunswick, Surry, Limerick, North Anna, Turkey Point, River Bend, Vermont Yankee, Crystal River, Haddam Neck, Ginna, Diablo Canyon, Callaway, Vogtle, Waterford, Duane Arnold, Farley, Robinson, Clinton, South Texas, San Onofre, Cook, Comanche Peak, Yankee Rowe, Maine Yankee, Quad Cities, Humboldt Bay, La Crosse, Big Rock Point, Rancho Seco, Zion, Midland, Bellefonte, Fort Calhoun, FitzPatrick, McGuire, LaSalle, Fort Saint Vrain, Washington Public Power Supply System, Shoreham, Satsop, Trojan, Atlantic Nuclear Power Plant, Clinch River, Crane
Issue date:	05/03/1999
From:	Cool D NRC/NMSS/IMNS
To:
References
GL-99-001, NUDOCS 9904290155
Download: ML031110090 (11)

UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS

WASHINGTON, D.C. 20555 May 3,1999 NRC GENERIC LETTER 99-01: RECENT NUCLEAR MATERIAL SAFETY AND

SAFEGUARDS DECISION ON BUNDLING EXEMPT

QUANTITIES

Addressees

All materials licensees.

Purnose:

The U.S. Nuclear Regulatory Commission (NRC) is issuing this generic letter to notify addressees about a recent Office of Nuclear Material SafeLy and Safeguards decision concerning bundling exempt quantities. NRC does not authorize: (a) the bundling of exempt quantities of byproduct material; (b) any program advising persons to combine exempt quantity sources; and (c) the possession and use of bundled exempt sources, in unregistered devices, by persons exempt from licensing. It is expected that recipients will review this information for applicability to their facilities and consider actions, as appropriate. However, no specific action nor written response is required.

Discussion:

The NRC regulations that exempt any person from the requirements for a license for byproduct material are found in 10 CFR 30.18. A person is exempt from licensing requirements to the extent that such a person possesses, uses, transfers, owns, or acquires byproduct material in individual quantities, each of which does not exceed the applicable quantity in 10 CFR 30.71, Schedule B (i.e., an "exempt quantity'). A person wishing to commercially distribute or initially transfer products containing byproduct material, such as exempt quantity check sources, to persons exempt from licensing, must obtain an exempt distribution license from NRC.

To obtain an exempt distribution license from NRC, product information must be submitted as outlined in 10 CFR Part 32 and, specifically, for exempt quantities, as outlined in 10 CFR 32.18,

32.19, and 32.20. In addition, pursuant to 10 CFR 32.18(c), NRC will not approve a license to manufacture, process, produce, package, repackage, or transfer quantities of byproduct material to persons exempt, pursuant to 10 CFR 30.18, if the exempt quantities are incorporated into any manufactured or assembled commodity, product, or device intended for commercial distribution.

1'

PPQD nooc 99(00505

GL 99-01 May 3,1999 number of exempt quantity Several years ago staff became aware of the bundling of a limited that, under certain limited sources in gauging devices. On June 3, 1994, NRC determined health and safety hazard.

circumstances, bundling of exempt sources did not present a to distribute an increased number However, recently NRC has received requests for permission concerned that the individual of bundled sources in similar devices. As a result, NRC became some point where a general numbers of exempt sources bundled in such devices would reach the bundled exempt sources or specific license would normally be required. In the case where their safe possession, use, remained exempt, NRC would have no mechanism to ensure and disposal.

with Agreement States to Based upon a thorough reexamination, including discussions any exempt sources is ascertain their perspectives, NRC now has determined that combining

32.19, and 32.20.

inconsistent with the regulations, pursuant to 10 CFR 30.18, 32.18, and providing devices quantities, Instructing persons exempt from licensing to combine exempt for labeling of exempt sources.

for them to do so, is in direct conflict with NRC's requirements quantities, since the Section 32.19 specifically instructs persons not to combine exempt as no individual nor discreet exemption provided in 10 CFR 30.18 is applicable only as long specified in 10 CFR 30.71, quantity of the byproduct materials exceeds the quantity limits are originally received and Schedule B, and as long as the quantities set out in that schedule materials. The labeling remain separate and distinct from other quantities of exempt byproduct persons, instruct requirements in 10 CFR 32.19, which address shipments to exempt information identifying the

10 CFR 32.18 licensees to label the "immediate container' with information, the container".

radioisotope and the quantity of radioactivity, and in addition to that Be Combined.'" Therefore,

. . shall also bear the words . . . 'Exempt Quantities Should Not without a license to possess and although the exemption in 10 CFR 30.18 provides for persons use specific byproduct materials use a wide variety of byproduct materials, and to possess and and used at any one time, the without restriction as to the total quantity that may be possessed quantities of regulations do not authorize, but rather discourage, grouping exempt byproduct material.

of byproduct material, At this time, devices already in use, having multiple exempt quantities these devices or regarding may continue to be used. NRC does not plan to take any action possessing such persons users unless a radiological safety hazard is identified. However, and the exempt sources devices should maintain control and account for these devices clearly label the devices with contained within them. To this end, it is good practice to warning symbol and radioactive materials warning labels bearing the standard radiation it is preferable to not dispose of standard magenta (or purple) and yellow colors. Additionally, commercial waste disposal or devices containing multiple exempt sources through ordinary material. If devices metal recycling channels because of the presence of bundled radioactive be consulted for advice regarding containing sources are no longer needed, the supplier should proper disposal options.

GL 99-01 May 3,1999 NRC plans to further evaluate the risks associated with these devices. After this evaluation, NRC will consider appropriate steps, including rulemaking, to clarify the regulatory status of these devices and assure the protection of the public health and safety and with consideration of property protection. It is anticipated that the evaluation and rulemaking process, if undertaken, will take 2 to 3 years.

If you have any questions about this matter, please call the technical contact listed below or the appropriate regional office.

Donald A. Cool, Director Division of Industrial and Medical Nuclear Safety Office of Nuclear Material Safety and Safeguards Contact: Anthony S. Kirkwood, NMSS

(301) 415-6140

E-mail: askenrc.gov Attachment: List of Recently Issued NRC Generic Letter's.

Attachment GL 99-01 May 3, 1999 LIST OF RECENTLY ISSUED GENERIC LETTERS

GENERIC DATE OF

LETTER SUBJECT ISSUANCE ISSUED TO

98-01, Supp. 1 Year 2000 Readiness of Computer 1/111/99 All holders of operating Ii Systems at Nuclear Power Plants licenses for nuclear power Plants, except those who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel.

98-05 Boiling Water Reactor Licensees 11/10/98 All holders of operating Use of the BWRVIP-05 Report licenses (or construction To Request Relief From Augmented permits) for BWRs, except Examination Requirements on Reactor those who have permanently Pressure Vessel Circumferential Shell ceased operations and have Welds certified that fuel has been permanently removed from the reactor vessel.

98-04 Potential for Degradation of the 07/14/98 All holders of operating Emergency Core Cooling System licenses for nuclear power And the Containment Spray System reactors, except those who After a Loss-of-Coolant Accident have permanently ceased Because of Construction and operations and have certified Protective Coating Deficiencies that fuel has been and Foreign Material in Containment permanently removed from the reactor vessel.

98-03 NMSS Licensees' and Certificate 06/22/98 All licensees or certificate Holders' Year 2000 Readiness holders for uranium Programs hexafluoride production plants, uranium enrichment plants, and uranium fuel fabrication plants, except those that have permanently ceased operations OP = Operating License CP = Construction Permit NPR = Nuclear Power Reactors

GL 99-01 May 3, 1999 NRC plans to further evaluate the risks associated with these devices. After this evaluation, NRC will consider appropriate steps, including rulemaking, to clarify the regulatory status of these devices and assure the protection of the public health and safety and with consideration of property protection. It is anticipated that the evaluation and rulemaking process, if undertaken, will take 2 to 3 years.

If you have any questions about this matter, please call the technical contact listed below or the appropriate regional office.

(orig. signed by)

Donald A. Cool, Director Division of Industrial and Medical Nuclear Safety Office of Nuclear Material Safety and Safeguards Contact: Anthony S. Kirkwood, NMSS

(301) 415-6140

E-mail: askenrc.gov Attachment: List of Recently Issued NRC Generic Letter's.

DOCUMENT: H:\KIRKWOOD\INFOLTRS\BSIGL15.WPD

i see previous concurrence Too receive acopy of this document, indicate in the box: SC"= Copy wlo attlencl. WED = Copy w/attuend.cN" = NO COpy I-ses-'

OFC MSB I MSB I MSB L Tech Editor l NAME ASKirkwood:ask © SLBaggett © LWCamper © EKraus DATE 07/ 07 /98 07/ 07 /98 07/ 07 /98 03/ 22 /99

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Month ## Year NRC plans to further evaluate the risks associated with these devices. After this evaluation, NRC will consider appropriate steps, including rulemaking, to clarify the regulatory status of these devices and assure the protection of the public health and safety and with consideration of property protection. It is anticipated that the evaluation and rulemaking process, if undertaken, will take 2 to 3 years.

or If you have any questions about this matter, please call the technical contact listed below the appropriate regional office.

Donald A. Cool, Director Division of Industrial and Medical Nuclear Safety Office of Nuclear Material Safety and Safeguards Contact: Anthony S. Kirkwood, NMSS

(301) 415-6140

E-mail: askenrc.gov Attachment: List of Recently Issued NRC Generic Letter's.

Distribution: NMSS r/f IMNS Central File NRC File Center SLMerchant KRamsey TCombs/OCA PLohaus/OSP

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................ NRC plans to further evaluate the risks associated with these devices. After this evaluation, NRC will consider appropriate steps, including rulemaking, to clarify the regulatory status of these devices and assure the protection of the public health and safety and with consideration of property protection. It is anticipated that the evaluation and rulemaking process, if undertaken, will take 2 to 3 years.

If you have any questions about this matter, please call the technical contact listed below or the appropriate regional office.

Donald A. Cool, Director Division of Industrial and Medical Nuclear Safe Office of Nuclear Ma erial Safety and SafeguardV

Contact: Anthony S. Kirkwood, NMSS

(301) 415-6140

E-mail: ask@nrc.gov Attachment: List of Recently Issued NRC Generic Letters.

Distribution: NMSS r/f IMNS Central File NRC Fil e Center SL-Merchant KRamsey TCombs/dCA PLohau S/OSP

DOCUMFNT: H:laRKWOODtlNFOLTRSUB3IGL/15.WPD

C a COVER E COVER & ENCLOSURE N - NO COPY a see previous concurrence OFC S I/ MSB lMSB lTech Editor NAME ASKirkwood:ask8 j SLBaggett 0 LWCamper 0 EKraus DATE 07/07 98 07/07 /98 07107 198 03/ 22 199 lOFC l 6GC l l CRGR l l IMNS l l NAME eA/Treby I0 7117/96) JAMurphy DACool l DATE / 041k 98* 041 199 41 199 l OFFICIAL RECORD COPY

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Month S##-Year NRC plans to further evaluate the risks associated with these devices. After this evaluation, NRC will consider appropriate steps, including rulemaking, to clarify the regulatory status of these devices and assure the protection of the public health and safety and with consideration of property protection. It is anticipated that the evaluation and rulemaking process, if undertaken, will take 2 to 3 years.

If you have any questions about this matter, please call the technical contact listed below or the appropriate regional office.

Donald A. Cool, Director Division of Industrial and Medical Nuclear Safety Office of Nuclear Material Safety and Safeguards Contact: Anthony S. Kirkwood, NMSS

(301) 415-6140

E-mail: askinrc.gov Attachment: List of Recently Issued NRC Generic Letters.

Distribution: NMSS r/f IMNS Central File NRC File Center SLMerchant KRamsey TCombs/OCA PLohaus/OSP

DOCUMENT: H:%KIRKWOODUiNFOLTRSU3SIGL15.WPD

C = COVER E = COVER & ENCLOSURE N = NO COPY @ see previous concurrence 31 e OFC MsB l I MsB lEMSB lZIMNS l NAME ASKirkwood:ask @ SLBaggett 0 LWCamper 0 DACool DATE 07/ 07 /98 07/07 /98 07/ 07 /98 3/ /99 OFC l OGC l l Tech Editor l ll ll NAME SATreby 0 EKraus DATE 07/ 17 /98 03/22/99 _

OFFICIAL RECORD COPY

Month ##,-iYear dispose of devices containing multiple exempt sources through ordinary commercial waste disposal or metal recycling channels because of the presence of bundled radioactive material.

If devices containing sources are no longer needed, the supplier should be consulted for advice regarding proper disposal options.

NRC plans to further evaluate the risks associated with these devices. After this evaluation, NRC will consider appropriate steps, including rulemaking, to clarify the regulatory status of these devices consistent with the protection of the public health and safety and with due consideration of property protection. It is anticipated that the evaluation and rulemaking process, if undertaken, will take 2 to 3 years.

If you have any questions about this matter, please call the technical contact listed below or the appropriate regional office.

Donald A. Cool, Director Division of Industrial and Medical Nuclear Safety Office of Nuclear Material Safety and Safeguards Contact: Anthony S. Kirkwood, NMSS

(301) 415-6140

E-mail: ask~nrc.gov Attachment: List of Recently Issued NRC Generic Letter's.

Distribution: NMSS r/f IMNS Central File NRC File Center SLMerchant KRamsey TCombs/OCA PLohaus/OSP

DOCUMENT: H:\KIRKWOODUiNFOLTRSUBSIGL14.WPD

C a COVER E = COVER & ENCLOSURE N = NO COPY @ see previous concurrence 3 - 23 -95 C fi F OFC MSB lI MSB lMSB l i IMNSZl NAME ASKirkwood:ask @ SLBaggett 0 LWCamper @ DACool DATE 07/ 07 /98 07! 07 /98 07/ 07 /98 3/ /99 OFC l Gc Tech EditorIlZlZlIl NAME SATreby 3 EKraus DATE 07/ 17 /98 03/22/99 OFFICIAL RECORD COPY

GL 99-##, Supp./Rev. #

Month #S. Year NRC plans to further evaluate the risks associated with these devices. Following this evaluation, NRC will consider appropriate steps, including rulemaking, to clarify the regulatory status of these devices consistent with the protection of the public health and safety and with due consideration of property protection. It is anticipated that the evaluation and rulemaking process, if considered, will take 2 to 3 years.

If you have any questions about this matter, please call the technical contact listed below or the appropriate regional office.

Donald A. Cool, Director Division of Industrial and Medical Nuclear Safety Office of Nuclear Material Safety and Safeguards Contact: Anthony S. Kirkwood, NMSS

(301) 415-6140

E-mail: ask@nrc.gov Attachment: List of Recently Issued NRC Generic Letter's.

Distribution: NMSS r/f IMNS Central File NRC File Center SLMercChant KRamsey TCombs/OCA PLohaus/OSP

DOCUMENT: H:KIRKWOODUINFOLTRS5BSIGL12.WPD

C . COVER E - COVER & ENCLOSURE N = NO COPY 0 see previous concurrence 3-ia - i --

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GL 99-##, SuppJRev. #

Month ##, Year NRC plans to further evaluate the risks associated with these devices. Following this evaluation, NRC will consider appropriate steps, including rulemaking, to clarify the regulatory status of these devices consistent with the protection of the public health and safety and with due consideration of property protection. It is anticipated that the evaluation and rulemaking process, if considered, will take 2 to 3 years.

If you have any questions about this matter, please call the technical contact listed below or the appropriate regional office.

Donald A. Cool, Director Division of Industrial and Medical Nuclear Safety Office of Nuclear Material Safety and Safeguards Contact: Anthony S. Kirkwood, NMSS

(301) 415-6140

E-mail: ask~nrc.gov Attachment: List of Recently Issued NRC Generic Letter's.

Distribution: NMSS r/f IMNS Central File NR(,CFile Center SLMerchant KRamsey TCombs/OCA PLcohaus/OSP

DOCUMENT: H:WRKWOOD\INFOLTRS5BSIGL1O.WPD 1q C

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