Information Notice 1989-25, Unauthorized Transfer of Ownership or Control of Licensed Activities: Difference between revisions

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==Purpose==
==Purpose==
:This notice is to inform licensees of their responsibility to provide timelynotification to NRC before the planned transfer of ownership or control oflicensed activities, and to obtain prior written consent to such action fromNRC, as specified in 10 CFR Sections 30.34(b), 40.46, and 70.36. In addition,this notice provides guidance on the type of information that should be sub-mitted to NRC, before a change of ownership or control. It is expected thatrecipients will: review this notice for applicability to their licensed acti-vities; distribute it to responsible licensee management and corporate staff,radiation protection staff, and authorized users, as appropriate; and maintainprocedures to preclude problems from occurring as the result of the transferof control of licensed activities. However, suggestions contained in thisnotice do not constitute any new NRC requirements, and no written responseis required.Discussion:Sections 81 and 184 of the Atomic Energy Act of 1954, as amended, requirethat a license be possessed to conduct licensed activities, and 10 CFR Section30.34(b) states that no NRC license nor any right under a license shall betransferred, assigned or in any manner disposed of, either voluntarily orinvoluntarily, directly or indirectly, through transfer of control of anylicense to any person, unless the Commission shall, after securing full in-formation, find that the transfer is in accordance with the provisions ofthe Act and shall give its consent in writing. Similar wording is found inSections 40.46 and 70.36 of the regulations for source and special nuclearmaterial.Recently, NRC has noticed an increasing trend to transfer ownership ofbusinesses that control the use of licensed materials. Such changes inownership are usually the results of mergers, buy-outs, or majority stocktransfers. These actions appear to be occurring at a greater frequencybecause of the present economic environment. Although it is not the intent8903010075 g A-=) /
:This notice is to inform licensees of their responsibility to provide timelynotification to NRC before the planned transfer of ownership or control oflicensed activities, and to obtain prior written consent to such action fromNRC, as specified in 10 CFR Sections 30.34(b), 40.46, and 70.36. In addition,this notice provides guidance on the type of information that should be sub-mitted to NRC, before a change of ownership or control. It is expected thatrecipients will: review this notice for applicability to their licensed acti-vities; distribute it to responsible licensee management and corporate staff,radiation protection staff, and authorized users, as appropriate; and maintainprocedures to preclude problems from occurring as the result of the transferof control of licensed activities. However, suggestions contained in thisnotice do not constitute any new NRC requirements, and no written responseis required.Discussion:Sections 81 and 184 of the Atomic Energy Act of 1954, as amended, requirethat a license be possessed to conduct licensed activities, and 10 CFR Section30.34(b) states that no NRC license nor any right under a license shall betransferred, assigned or in any manner disposed of, either voluntarily orinvoluntarily, directly or indirectly, through transfer of control of anylicense to any person, unless the Commission shall, after securing full in-formation, find that the transfer is in accordance with the provisions ofthe Act and shall give its consent in writing. Similar wording is found inSections 40.46 and 70.36 of the regulations for source and special nuclearmaterial.Recently, NRC has noticed an increasing trend to transfer ownership ofbusinesses that control the use of licensed materials. Such changes inownership are usually the results of mergers, buy-outs, or majority stocktransfers. These actions appear to be occurring at a greater frequencybecause of the present economic environment. Although it is not the intent8903010075 g A-=) /  
IN 89-25March 7, 1989 of NRC to interfere with the business decisions of licensees, it is necessaryfor licensees to provide timely notification to NRC whenever such decisionscould involve changes in the corporate structure responsible for managementoversight, control, or radiological safety of licensed materials. The purposeof such notification is to allow NRC to assure that: radioactive materialsare possessed, used, owned, or controlled only by persons who have valid NRClicenses; materials are properly handled and secured; persons using such mate-rials are capable, competent, and committed to implement appropriate radiologicalcontrols; and public health and safety are not compromised by the use of suchmaterials.In 1988, NRC identified several instances of businesses authorized to possessand use licensed materials that were transferred to other owners, with aconsequent change in control, without any notification to the NRC. In suchcases, NRC has usually become aware of the change either when conducting aroutine inspection or when notified by the new controlling organization(transferee).Transfer of company ownership often results in the assumption of licensedactivities by a corporation not authorized to use or possess licensedmaterials, and whose competence and ability to establish, implement, andmaintain radiological controls have not been previously evaluated by NRC.In such cases, NRC usually determines that the transferee violated NRCrequirements on use and possession of radioactive materials (because ofits unauthorized use and possession), and that the predecessor entity(transferor) failed to inform NRC of the planned transfer of ownership.In specific cases, licensees have failed to inform NRC of changes in ownershipand changes in locations of licensed material from those specified on thetransferor's licenses. In one particular case, failure to notify NRC ofa change in ownership may have contributed to the inadvertent loss of twonuclear weighing scales, containing several hundred millicuries of cesium-137.This type of situation could result in the exposure or contamination ofindividuals or the environment.NRC licensees planning to transfer ownership, a change in corporate status,or control of licensed activities are required by 10 CFR to provide sufficientprior notice and full information about the change to NRC, in order to obtainwritten consent from the Commission before the transfer. Although the burdenof adhering to this requirement is on the existing licensee, it will be neces-sary for the transferee to provide supporting information or to independentlycoordinate the change in ownership or control with the appropriate NRC RegionalOffice. Failure to comply with this requirement may adversely affect the publichealth and safety-and interfere with NRC's ability to inspect activities. There-fore, NRC may consider that a violation of this requirement warrants escalatedenforcement action, including civil penalties and orders, if indicated by thecircumstances against one or both of the parties involved. Willful failureto obtain prior NRC approval of the transfer may result in referrals to theDepartment of Justice for consideration of criminal prosecutio IN 89-25March 7, 1989 The following guidance is provided concerning notification of NRC of ownershipor control changes:1. Full information on change in ownership or control of licensedactivities should be submitted to the appropriate NRC RegionalOffice as early as possible, preferably at least 90 days beforethe proposed action.2. NRC approvals for change in ownership or control may be delayed ordenied if the following information, where relevant, is not includedin the submittal:a. The name of the organization, if changed. Provide the newname of the licensed organization and if there is no change,so state.b. Identification of any changes in personnel named in the license,including any required information on personnel qualifications.c. An indication of whether the seller will remain in businesswithout the license.d. A complete, clear description of the transaction. The de-scription should include any transfer of stocks or assets.e. An indication of any planned changes in organization, location,facilities, equipment, procedures, or personnel. If suchchanges are to be made, they should be fully described.f. An indication of any changes in the use, possession, or storageof the licensed materials. If such changes are to be made, theyshould be described.g. An indication of whether all surveillance items and records,including radioactive material inventory and accountabilityrequirements, will be current at the time of transfer. Adescription of the status of all surveillance requirementsand records, e.g., calibrations. leak tests, surveys, etc.should be provided.h. A description of the status of the facility. Specifically, thepresence or absence of contamination should be documented. Ifcontamination is present, will decontamination occur beforetransfer? If not, does the successor company agree to assumefull liability for the decontamination of the facility or site?i. A description of any decontamination plans, including financialassurance arrangements of the transferee, should be provided, IN 89-25March 7, 1989 as specified in 10 CFR Sections 30.35, 40.36, and 70.25.This should include information about how the transfereeand transferor propose to divide the transferor's assets,and responsibility for any cleanup needed at the time oftransfer.j. An indication of whether the transferor and transferee agreeto the change in ownership or control of the licensed materialand activity. If so, documentation stating this should beprovided.k. A commitment by the transferee to abide by all constraints,conditions, requirements, representations, and commitmentsidentified in the existing license. If not, the transfereemust provide a description of its program to assure compliancewith the license and regulations.No specific action or written response is required by this information notice.Questions on this matter should be directed to the appropriate NRC RegionalOffice or to this office.Richard E. Cunningham, DirectorDivision of Industrial andMedical Nuclear SafetyOffice of Nuclear MaterialSafety and Safeguards
IN 89-25March 7, 1989 of NRC to interfere with the business decisions of licensees, it is necessaryfor licensees to provide timely notification to NRC whenever such decisionscould involve changes in the corporate structure responsible for managementoversight, control, or radiological safety of licensed materials. The purposeof such notification is to allow NRC to assure that: radioactive materialsare possessed, used, owned, or controlled only by persons who have valid NRClicenses; materials are properly handled and secured; persons using such mate-rials are capable, competent, and committed to implement appropriate radiologicalcontrols; and public health and safety are not compromised by the use of suchmaterials.In 1988, NRC identified several instances of businesses authorized to possessand use licensed materials that were transferred to other owners, with aconsequent change in control, without any notification to the NRC. In suchcases, NRC has usually become aware of the change either when conducting aroutine inspection or when notified by the new controlling organization(transferee).Transfer of company ownership often results in the assumption of licensedactivities by a corporation not authorized to use or possess licensedmaterials, and whose competence and ability to establish, implement, andmaintain radiological controls have not been previously evaluated by NRC.In such cases, NRC usually determines that the transferee violated NRCrequirements on use and possession of radioactive materials (because ofits unauthorized use and possession), and that the predecessor entity(transferor) failed to inform NRC of the planned transfer of ownership.In specific cases, licensees have failed to inform NRC of changes in ownershipand changes in locations of licensed material from those specified on thetransferor's licenses. In one particular case, failure to notify NRC ofa change in ownership may have contributed to the inadvertent loss of twonuclear weighing scales, containing several hundred millicuries of cesium-137.This type of situation could result in the exposure or contamination ofindividuals or the environment.NRC licensees planning to transfer ownership, a change in corporate status,or control of licensed activities are required by 10 CFR to provide sufficientprior notice and full information about the change to NRC, in order to obtainwritten consent from the Commission before the transfer. Although the burdenof adhering to this requirement is on the existing licensee, it will be neces-sary for the transferee to provide supporting information or to independentlycoordinate the change in ownership or control with the appropriate NRC RegionalOffice. Failure to comply with this requirement may adversely affect the publichealth and safety-and interfere with NRC's ability to inspect activities. There-fore, NRC may consider that a violation of this requirement warrants escalatedenforcement action, including civil penalties and orders, if indicated by thecircumstances against one or both of the parties involved. Willful failureto obtain prior NRC approval of the transfer may result in referrals to theDepartment of Justice for consideration of criminal prosecution.
 
IN 89-25March 7, 1989 The following guidance is provided concerning notification of NRC of ownershipor control changes:1. Full information on change in ownership or control of licensedactivities should be submitted to the appropriate NRC RegionalOffice as early as possible, preferably at least 90 days beforethe proposed action.2. NRC approvals for change in ownership or control may be delayed ordenied if the following information, where relevant, is not includedin the submittal:a. The name of the organization, if changed. Provide the newname of the licensed organization and if there is no change,so state.b. Identification of any changes in personnel named in the license,including any required information on personnel qualifications.c. An indication of whether the seller will remain in businesswithout the license.d. A complete, clear description of the transaction. The de-scription should include any transfer of stocks or assets.e. An indication of any planned changes in organization, location,facilities, equipment, procedures, or personnel. If suchchanges are to be made, they should be fully described.f. An indication of any changes in the use, possession, or storageof the licensed materials. If such changes are to be made, theyshould be described.g. An indication of whether all surveillance items and records,including radioactive material inventory and accountabilityrequirements, will be current at the time of transfer. Adescription of the status of all surveillance requirementsand records, e.g., calibrations. leak tests, surveys, etc.should be provided.h. A description of the status of the facility. Specifically, thepresence or absence of contamination should be documented. Ifcontamination is present, will decontamination occur beforetransfer? If not, does the successor company agree to assumefull liability for the decontamination of the facility or site?i. A description of any decontamination plans, including financialassurance arrangements of the transferee, should be provided, IN 89-25March 7, 1989 as specified in 10 CFR Sections 30.35, 40.36, and 70.25.This should include information about how the transfereeand transferor propose to divide the transferor's assets,and responsibility for any cleanup needed at the time oftransfer.j. An indication of whether the transferor and transferee agreeto the change in ownership or control of the licensed materialand activity. If so, documentation stating this should beprovided.k. A commitment by the transferee to abide by all constraints,conditions, requirements, representations, and commitmentsidentified in the existing license. If not, the transfereemust provide a description of its program to assure compliancewith the license and regulations.No specific action or written response is required by this information notice.Questions on this matter should be directed to the appropriate NRC RegionalOffice or to this office.Richard E. Cunningham, DirectorDivision of Industrial andMedical Nuclear SafetyOffice of Nuclear MaterialSafety and Safeguards


===Technical Contact:===
===Technical Contact:===
Scott Moore, NMSS(301) 492-0514
Scott Moore, NMSS(301) 492-0514Attachments: 1. List of Recently Issued NMSS Information Notices2. List of Recently Issued NRC Information Notices


===Attachments:===
Attachment 1IN 89-25March 7, 1989 LIST OF RECENTLY ISSUEDNMSS INFORMATION NOTICESInformation Date ofNotice No. Subject Issuance Issued to89-1389-1289-0389-0288-10088-93Alternative Waste ManagementProcedures in Case of Denialof Access to Low-Level WasteDisposal SitesDose Calibrator QualityControlPotential ElectricalEquipment ProblemsCriminal Prosecution ofLicensee's Former Presidentfor
1. List of Recently Issued NMSS Information Notices2. List of Recently Issued NRC Information Notices Attachment 1IN 89-25March 7, 1989 LIST OF RECENTLY ISSUEDNMSS INFORMATION NOTICESInformation Date ofNotice No. Subject Issuance Issued to89-1389-1289-0389-0288-10088-93Alternative Waste ManagementProcedures in Case of Denialof Access to Low-Level WasteDisposal SitesDose Calibrator QualityControlPotential ElectricalEquipment ProblemsCriminal Prosecution ofLicensee's Former Presidentfor


==Intent==
==Intent==
ional SafetyViolationsMemorandum of UnderstandingBetween NRC and OSHA Relatingto NRC-Licensed Facilities(53 FR 43950, October 31, 1988)Teletherapy EventsUnauthorized Removal ofIndustrial Nuclear GaugesIndustrial RadiographyInspection and Enforcement02/08/8902/09/8901/11/8901/09/8912/23/8812/02/8811/22/8808/22/88All holders of NRCspecific licensesAll NRC medicallicenseesAll Fuel Cycle andmajor nuclear materialslicenseesAll holders of NRCspecific licenseAll major nuclearmaterials licenseesand utilities holdingCPs and OLs.All NRC medicallicenseesAll NRC licenseesauthorized topossess, use,manufacture, ordistribute industrialnuclear gaugesAll NRC industrialradiography licensees88-9088-66OL = Operating LicenseCP = Construction Permit J-' Attachment 2IN 89-25March 7, 1989 LIST OF RECENTLY ISSUEDNRC INFORMATION NOTICESInformation Date ofNotice No. Subject Issuance Issued to89-24 Nuclear Criticality Safety 3/6/89 All fuel cvcle89-2389-2289-2188-73,Supplement 1Environmental Qualificationof Litton-Veam CIR SeriesElectrical ConnectorsQuestionable Certificationof FastenersChanges in PerformanceCharacteristics of Molded-Case Circuit BreakersDirection-Dependent LeakCharacteristics of Contain-ment Purge Valves3/3/893/3/892/27/892/27/89licensees and otherlicensees possessingmore than criticalmass quantities ofspecial nuclearmaterial.All holders of OLsor CPs for nuclearpower reactors.All holders of OLsor CPs for nuclearpower reactors.All holders of OLsor CPs for nuclearpower reactors.All holders of OLsor CPs for nuclearpower reactors.89-20Weld Failures in a Pumpof Byron-Jackson DesignHealth Physics Network2/24/892/23/8989-19All holders of OLsor CPs for nuclearpower reactors.All holders of OLsor CPs for nuclearpower reactors, andthe following fuelfacilities: NuclearFuel Services of Erwin,General Atomic, UNCMontville, B&W LRCLynchburg, and B&WLynchburg.All holders of OLsor CPs for nuclearpower reactors.89-18Criminal ProsecutionWrongdoing CommittedSuppliers of NuclearProducts or Servicesofby2/22/89OL = Operating LicenseCP = Construction Permit IN 89-25March 7, 1989 as specified in 10 CFR Sections 30.35, 40.36, and 70.25.This should include information about how the transfereeand transferor propose to divide the transferor's assets,and responsibility for any cleanup needed at the time oftransfer.j. An indication of whether the transferor and transferee agreeto the change in ownership or control of the licensed materialand activity. If so, documentation stating this should beprovided.k. A commitment by the transferee to abide by all constraints,conditions, requirements, representations, and commitmentsidentified in the existing license. If not, the transfereemust provide a description of its program to assure compliancewith the license and regulations.No specific action or written response is required by this information notice.Questions on this matter should be directed to the appropriate NRC RegionalOffice or to this office.Richard E. Cunningham, DirectorDivision of Industrial andMedical Nuclear SafetyOffice of Nuclear MaterialSafety and Safeguards
ional SafetyViolationsMemorandum of UnderstandingBetween NRC and OSHA Relatingto NRC-Licensed Facilities(53 FR 43950, October 31, 1988)Teletherapy EventsUnauthorized Removal ofIndustrial Nuclear GaugesIndustrial RadiographyInspection and Enforcement02/08/8902/09/8901/11/8901/09/8912/23/8812/02/8811/22/8808/22/88All holders of NRCspecific licensesAll NRC medicallicenseesAll Fuel Cycle andmajor nuclear materialslicenseesAll holders of NRCspecific licenseAll major nuclearmaterials licenseesand utilities holdingCPs and OLs.All NRC medicallicenseesAll NRC licenseesauthorized topossess, use,manufacture, ordistribute industrialnuclear gaugesAll NRC industrialradiography licensees88-9088-66OL = Operating LicenseCP = Construction Permit
 
===Technical Contact:===
Scott Moore, NMSS(301) 492-0514
 
===Attachments:===
1. List of Recently Issued NMSS Information Notices2. List of Recently Issued NRC Information NoticesAlso input fromLChandler, OGCRWeisman, OGC*Editor *RI *RII *RIII *RIV *RV *OEEKraus JJoyner WCline BMallett WFisher RThomas JLieberman2/08/89 2/07/89 2/13/89 2/14/89 2/13/89 2/08/89 2/23/89*See previous concurrenceOFC: *IMOB :*IMOB :*IMAB :*IMSB :*IMOB *OGC :IMNS :*IMNSNAME:SMoore/sm :DCool :JAustin :LRouse :JHickey :RFonner:GSjoblom :RECunningham_____________________-_________________-____________________-________________DATE:2/22/89 :2/23/89:2/23/89 :2/28/89 :2/28 /89 :2/28/89:2/ /89 :02/28/89OFFICIAL RECORD COPY IN 89-March , 1989 as specified in 10 CFR Sections 30.35, 40.36, and 70.25. Thisshould include information about how the transferee andtransferor propose to divide the transferor's assets, andresponsibility for any cleanup needed at the time of transfer.j. An indication of whether the transferor and transferee agree tothe change in ownership or control of the licensed material andactivity. If so, documentation stating this should be provided.k. A commitment by the transferee to abide by all constraints,conditions, requirements, representations, and commitmentsidentified in the existing license. If not, the transfereemust provide a description of its program to assure compliancewith the license and regulations.No specific action or written response is required by this Information Notice.Questions on this matter should be directed to the appropriate NRC RegionalOffice or to this office.Richard E. Cunningham, DirectorDivision of Industrial andMedical Nuclear SafetyOffice of Nuclear MaterialSafety and Safeguards


===Technical Contact:===
J-' Attachment 2IN 89-25March 7, 1989 LIST OF RECENTLY ISSUEDNRC INFORMATION NOTICESInformation Date ofNotice No. Subject Issuance Issued to89-24 Nuclear Criticality Safety 3/6/89 All fuel cvcle89-2389-2289-2188-73,Supplement 1Environmental Qualificationof Litton-Veam CIR SeriesElectrical ConnectorsQuestionable Certificationof FastenersChanges in PerformanceCharacteristics of Molded-Case Circuit BreakersDirection-Dependent LeakCharacteristics of Contain-ment Purge Valves3/3/893/3/892/27/892/27/89licensees and otherlicensees possessingmore than criticalmass quantities ofspecial nuclearmaterial.All holders of OLsor CPs for nuclearpower reactors.All holders of OLsor CPs for nuclearpower reactors.All holders of OLsor CPs for nuclearpower reactors.All holders of OLsor CPs for nuclearpower reactors.89-20Weld Failures in a Pumpof Byron-Jackson DesignHealth Physics Network2/24/892/23/8989-19All holders of OLsor CPs for nuclearpower reactors.All holders of OLsor CPs for nuclearpower reactors, andthe following fuelfacilities: NuclearFuel Services of Erwin,General Atomic, UNCMontville, B&W LRCLynchburg, and B&WLynchburg.All holders of OLsor CPs for nuclearpower reactors.89-18Criminal ProsecutionWrongdoing CommittedSuppliers of NuclearProducts or Servicesofby2/22/89OL = Operating LicenseCP = Construction Permit
Scott Moore, NMSS(301) 492-0514


===Attachments:===
IN 89-25March 7, 1989 IN 89-March , 1989 as specified in 10 CFR Sections 30.35, 40.36, and 70.25. Thisshould include information about how the transferee andtransferor propose to divide the transferor's assets, andresponsibility for any cleanup needed at the time of transfer.j. An indication of whether the transferor and transferee agree tothe change in ownership or control of the licensed material andactivity. If so, documentation stating this should be provided.k. A commitment by the transferee to abide by all constraints,conditions, requirements, representations, and commitmentsidentified in the existing license. If not, the transfereemust provide a description of its program to assure compliancewith the license and regulations.No specific action or written response is required by this Information Notice.Questions on this matter should be directed to the appropriate NRC RegionalOffice or to this office.Richard E. Cunningham, DirectorDivision of Industrial andMedical Nuclear SafetyOffice of Nuclear MaterialSafety and Safeguards
1. List of Recently IssuedNMSS Information Notices2. List of Recently IssuedNRC Information NoticesAlso input fromLChandler, OGCRWeisman, OGC*Editor *RI *RII *RIII *RIV *RV *OEEKraus JJoyner WCline BMallett WFisher RThomas JLieberman2/08/89 2/07/89 2/13/89 2/14/89 2/13/89 2/08/89 2/23/89*See previous concurrenceOFC: *IMOB :*IMOB :*IMAB :*IMSB :IMq S :0GkS SNAME:SMoore/sm :DCool :JAustin :LRouse :JHickey (6eIner:GS lom :R CunninghamDATE:2/22189 :2/23/89:2/23/89 :2/28/89 :2/7 /89 :A2/ 89:2/ 9:02 2589 IN 89--S-e~ ,1989 as specified in 10 CFR Sections 30.35, 40.36, and 0.25. Thisshould include information about how the transf ee andtransferor propose to divide the transferor's ssets, andresponsibility for any cleanup needed at the ime of transfer.j. An indication of whether the transferor d transferee agree tothe change in ownership or control of tye licensed material andactivity. If so, documentation stati this should be provided.k. A commitment by the transferee to ide by all constraints,conditions, requirements, repres tations, and commitmentsidentified in the existing liceg e. If not, the transfereemust provide a description of ts program to assure compliancewith the license and regulat ns.No specific action or written response is/required by this Information Notice.Questions on this matter should be dire ed to the appropriate NRC RegionalOffice or to this office.Richard E. Cunningham, DirectorDivision of Industrial andMedical Nuclear SafetyOffice of Nuclear MaterialSafety and Safeguards


===Technical Contact:===
===Technical Contact:===
Scott Moore, NMSS(301 492-0514
Scott Moore, NMSS(301) 492-0514Attachments:1. List of Recently IssuedNMSS Information Notices2. List of Recently IssuedNRC Information NoticesAlso input fromLChandler, OGCRWeisman, OGC*Editor *RI *RII *RIII *RIV *RV *OEEKraus JJoyner WCline BMallett WFisher RThomas JLieberman2/08/89 2/07/89 2/13/89 2/14/89 2/13/89 2/08/89 2/23/89*See previous concurrenceOFC: *IMOB :*IMOB :*IMAB :*IMSB :IMq S :0GkS SNAME:SMoore/sm :DCool :JAustin :LRouse :JHickey (6eIner:GS lom :R CunninghamDATE:2/22189 :2/23/89:2/23/89 :2/28/89 :2/7 /89 :A2/ 89:2/ 9:02 2589 IN 89--S-e~ ,1989 as specified in 10 CFR Sections 30.35, 40.36, and 0.25. Thisshould include information about how the transf ee andtransferor propose to divide the transferor's ssets, andresponsibility for any cleanup needed at the ime of transfer.j. An indication of whether the transferor d transferee agree tothe change in ownership or control of tye licensed material andactivity. If so, documentation stati this should be provided.k. A commitment by the transferee to ide by all constraints,conditions, requirements, repres tations, and commitmentsidentified in the existing liceg e. If not, the transfereemust provide a description of ts program to assure compliancewith the license and regulat ns.No specific action or written response is/required by this Information Notice.Questions on this matter should be dire ed to the appropriate NRC RegionalOffice or to this office.Richard E. Cunningham, DirectorDivision of Industrial andMedical Nuclear SafetyOffice of Nuclear MaterialSafety and Safeguards
 
===Attachments:===
1. List of Recently ssuedNMSS Informati Notices2. List of Recent IssuedNRC Informat n NoticesAlso input fromLChandler, OGCRWeisman, OGC*Editor *RI *RII *RIII *RIV *RV OE a -EKraus JJoyner WCline BMallett WFisher RThomas J a W erman2/08/89/ 2/07/892/13/892/14/892/13/g9Z/Ub/U9Z/W.;Vb*See previous concurrence========================= = === ===================M== = ===========OFC: IS Q :IMOB :1M A :IM E ~ :IMOB :OGC .IMNS :IMNS------ZAL-------- ------NAME:SMoore/sm :pD W :JA stin :LRouse :JHickey :RFonner:G blom :RECunningham_______________,,<r---- _-----------------------_------------4 ------DATE:2/a2/89 :/'i/89:2ft5/89 :2/i;/89 :2/ /89 :2/ /89:2/ i :02/ /89OH1CIAL RELURU CUPY IN 89-February , 1989 k. Do the transferor and transferee agree to the change in ownershipor control of the licensed material and activity? If so,documentation stating this should be provided.No specific action or written response is required by this Information Notice.Questions on this matter should be directed to the appropriate NRC RegionalOffice or to this office.Richard E. Cunningham, DirectorDivision of Industrial andMedical Nuclear SafetyOffice of Nuclear MaterialSafety and Safeguards


===Technical Contact:===
===Technical Contact:===
Scott Moore, NMSS(301) 492-0514
Scott Moore, NMSS(301 492-0514Attachments:1. List of Recently ssuedNMSS Informati Notices2. List of Recent IssuedNRC Informat n NoticesAlso input fromLChandler, OGCRWeisman, OGC*Editor *RI *RII *RIII *RIV *RV OE a -EKraus JJoyner WCline BMallett WFisher RThomas J a W erman2/08/89/ 2/07/892/13/892/14/892/13/g9Z/Ub/U9Z/W.;Vb*See previous concurrence========================= = === ===================M== = ===========OFC: IS Q :IMOB :1M A :IM E ~ :IMOB :OGC .IMNS :IMNS------ZAL-------- ------NAME:SMoore/sm :pD W :JA stin :LRouse :JHickey :RFonner:G blom :RECunningham_______________,,<r---- _-----------------------_------------4 ------DATE:2/a2/89 :/'i/89:2ft5/89 :2/i;/89 :2/ /89 :2/ /89:2/ i :02/ /89OH1CIAL RELURU CUPY


===Attachments:===
IN 89-February , 1989 k. Do the transferor and transferee agree to the change in ownershipor control of the licensed material and activity? If so,documentation stating this should be provided.No specific action or written response is required by this Information Notice.Questions on this matter should be directed to the appropriate NRC RegionalOffice or to this office.Richard E. Cunningham, DirectorDivision of Industrial andMedical Nuclear SafetyOffice of Nuclear MaterialSafety and Safeguards
1. List of Recently IssuedNMSS Information Notices2. List of Recently IssuedNRC Information Notices(44) Iva~Editor RI RII$"' R II 4.{ RIV 'oS RYV OEEKraus JJoyner WCline BMallett WFisher RThomas JLieberman2/8/89 2/17/89 2/13/89 2/i4/89 2/13/89 q2/ /89 2/ /89OFC: IMOB :IMOB :IMAB :IMSB :IMOB :OGC :IMNS :IMNS___--__-___-___-__________-_______-____-_-______-e _____________-_____NAME:SMoore/sm:DCool :JAustin :LRouse :JHickey :Rp X:GSjoblom :RECunninghamDATE:2/ /89 :2/ /89:2/ /89 :2/ /89 :2/ /89 :2'/_Z/89:2/ /89 :02/ /89 IN 89- 'March , 1989 as specified in 10 CFR Sections 30.35, 40.36, and 70.25. Thisshould include information about how the transferee andtransferor propose to divide the transferor's assets, andresponsibility for any cleanup needed at the time of transfer.j. An indication of whether the transferor and transferee agree tothe change in ownership or control of the licensed material andactivity. If so, documentation stating this should be provided.k. A commitment by the transferee to abide by all constraints,conditions, requirements, representations, and commitmentsidentified in the existing license. If not, the transfereemust provide a description of its program to assure compliancewith the license and regulations.No specific action or written response is required by this Information Notice.Questions on this matter should be directed to the appropriate NRC RegionalOffice or to this office.Richard E. Cunningham, DirectorDivision of Industrial andMedical Nuclear SafetyOffice of Nuclear MaterialSafety and Safeguards


===Technical Contact:===
===Technical Contact:===
Scott Moore, NMSS(301) 492-0514
Scott Moore, NMSS(301) 492-0514Attachments:1. List of Recently IssuedNMSS Information Notices2. List of Recently IssuedNRC Information Notices(44) Iva~Editor RI RII$"' R II 4.{ RIV 'oS RYV OEEKraus JJoyner WCline BMallett WFisher RThomas JLieberman2/8/89 2/17/89 2/13/89 2/i4/89 2/13/89 q2/ /89 2/ /89OFC: IMOB :IMOB :IMAB :IMSB :IMOB :OGC :IMNS :IMNS___--__-___-___-__________-_______-____-_-______-e _____________-_____NAME:SMoore/sm:DCool :JAustin :LRouse :JHickey :Rp X:GSjoblom :RECunninghamDATE:2/ /89 :2/ /89:2/ /89 :2/ /89 :2/ /89 :2'/_Z/89:2/ /89 :02/ /89 IN 89- 'March , 1989 IN 89-tAo-cCk Seb6t*wry , 1989 as specified in 10 CFR Sections 30.35, 40.36, and 0 .5. Thisshould include information about how the transf ee andtransferor propose to divide the transferor's ssets, andresponsibility for any cleanup needed at t -ime of transfer.j. An indication of whether the transferor d transferee agree tothe change in ownership or control of t licensed material andactivity. If so, documentation stati this should be provided.k. A commitment by the transferee to ide by all constraints,conditions, requirements, represe tations, and conmmitmentsidentified in the existing lice e. If not, the transfereemust provide a description of ts program to assure compliancewith the license and regulat ns.No specific action or written response is required by this Information Notice.Questions on this matter should be direted to the appropriate NRC RegionalOffice or to this office.Richard E. Cunningham, DirectorDivision of Industrial andMedical Nuclear SafetyOffice of Nuclear MaterialSafety and Safeguards
 
===Attachments:===
1. List of Recently IssuedNMSS Information Notices2. List of Recently IssuedNRC Information NoticesAlso input fromLChandler, OGCRWeisman, OGC*Editor *RI *RII *RIII *RIV *RV *OEEKraus JJoyner WCline BMallett WFisher RThomas JLieberman2/08/89 2/07/89 2/13/89 2/14/89 2/13/89 2/08/89 2/23/89*See previous concurrenceOFC: *IMOB :*IMOB :*IMAB :*IMSB :IMQb :0G ,7 S :1 w---- --- --- --- --- --- --- --- --- --- ---4 --~ t- -- -----NAME:SMoore/sm :DCool :JAustin :LRouse :JHickey E 4ner:GSz lomi CunninghamDATE:2/22/89 :2/23/89:2/23/89 :2/28/89 :2/1l/89 :2/t/89:2/ 9 0216/89OFFICIAL RECORD COPY IN 89-tAo-cCk Seb6t*wry , 1989 as specified in 10 CFR Sections 30.35, 40.36, and 0 .5. Thisshould include information about how the transf ee andtransferor propose to divide the transferor's ssets, andresponsibility for any cleanup needed at t -ime of transfer.j. An indication of whether the transferor d transferee agree tothe change in ownership or control of t licensed material andactivity. If so, documentation stati this should be provided.k. A commitment by the transferee to ide by all constraints,conditions, requirements, represe tations, and conmmitmentsidentified in the existing lice e. If not, the transfereemust provide a description of ts program to assure compliancewith the license and regulat ns.No specific action or written response is required by this Information Notice.Questions on this matter should be direted to the appropriate NRC RegionalOffice or to this office.Richard E. Cunningham, DirectorDivision of Industrial andMedical Nuclear SafetyOffice of Nuclear MaterialSafety and Safeguards


===Technical Contact:===
===Technical Contact:===
Scott Moore, NMSS(301/ 492-0514
Scott Moore, NMSS(301/ 492-0514Attachments:1. List of Recently ssuedNMSS Informati Notices2. List of Recent'y IssuedNRC Informat' n NoticesAlso input fromLChandler, OGCRWeisman, OGC*Editor *RI *RII *RIII *RIV *RV OEj4. AEKraus JJoyner WCline BMallett WFisher RThomas J~7perian2/08/89 / 2/07/89 2/13/89 2/14/89 2/13/89 2/08/89 2 J 8911-JIL*See previous concurrenceOFC: I B :IMOB :IMAB :IM i :IMOB :OGC .YMNS :IMNSNAME:SMoore/sm :DQ ' :JAvstin :LRo se :JHickey :RFonner:G blom :RECunninghamDATE:2/aS/89 :/A!/89:2h3 /89 :2/ /89 :2/ /89 :2/ /8 :2/ / 02/89UMLIAL KLUULP


===Attachments:===
IN 89-February , 1989 k. Do the transferor and transferee agree to the change in ownershipor control of the licensed material and activity? If so,documentation stating this should be provided.No specific action or written response is required by this Information Notice.Questions on this matter should be directed to the appropriate NRC RegionalOffice or to this office.Richard E. Cunningham, DirectorDivision of Industrial andMedical Nuclear SafetyOffice of Nuclear MaterialSafety and Safeguards
1. List of Recently ssuedNMSS Informati Notices2. List of Recent'y IssuedNRC Informat' n NoticesAlso input fromLChandler, OGCRWeisman, OGC*Editor *RI *RII *RIII *RIV *RV OEj4. AEKraus JJoyner WCline BMallett WFisher RThomas J~7perian2/08/89 / 2/07/89 2/13/89 2/14/89 2/13/89 2/08/89 2 J 8911-JIL*See previous concurrenceOFC: I B :IMOB :IMAB :IM i :IMOB :OGC .YMNS :IMNSNAME:SMoore/sm :DQ ' :JAvstin :LRo se :JHickey :RFonner:G blom :RECunninghamDATE:2/aS/89 :/A!/89:2h3 /89 :2/ /89 :2/ /89 :2/ /8 :2/ / 02/89UMLIAL KLUULP IN 89-February , 1989 k. Do the transferor and transferee agree to the change in ownershipor control of the licensed material and activity? If so,documentation stating this should be provided.No specific action or written response is required by this Information Notice.Questions on this matter should be directed to the appropriate NRC RegionalOffice or to this office.Richard E. Cunningham, DirectorDivision of Industrial andMedical Nuclear SafetyOffice of Nuclear MaterialSafety and Safeguards


===Technical Contact:===
===Technical Contact:===
Scott Moore, NMSS(301) 492-0514
Scott Moore, NMSS(301) 492-0514Attachments:1. List of Recently IssuedNMSS Information Notices2. List of Recently IssuedNRC Information NoticesEditor RI RII4I " RIV Xs92 RV OERIRIl e/ OEEKraus JJoyner WCline BMallett WFisher RThomas JLieberman2/8/89 2/71/89 2/13/89 2/1/ 89 2/13/89 2/ S/89 2/ /89OFC: IMOB :IMOB :IMAB :IMSB :IMOB :OGC :IMNS :IMNS-- --- ---- ---- ---- ---- ---------------- -- ----- ----NAME:SMoore/sm:DCool :JAustin :LRouse :JHickey :RF aer:GSjoblom :RECunninghamDATE:2/ /89 :2/ /89:2/ /89 :2/ /89 :2/ /89 :2 /5/89:2/ /89 :02/ /89  
 
}}
===Attachments:===
1. List of Recently IssuedNMSS Information Notices2. List of Recently IssuedNRC Information NoticesEditor RI RII4I " RIV Xs92 RV OERIRIl e/ OEEKraus JJoyner WCline BMallett WFisher RThomas JLieberman2/8/89 2/71/89 2/13/89 2/1/ 89 2/13/89 2/ S/89 2/ /89OFC: IMOB :IMOB :IMAB :IMSB :IMOB :OGC :IMNS :IMNS-- --- ---- ---- ---- ---- ---------------- -- ----- ----NAME:SMoore/sm:DCool :JAustin :LRouse :JHickey :RF aer:GSjoblom :RECunninghamDATE:2/ /89 :2/ /89:2/ /89 :2/ /89 :2/ /89 :2 /5/89:2/ /89 :02/ /89}}


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Revision as of 18:57, 6 April 2018

Unauthorized Transfer of Ownership or Control of Licensed Activities
ML031180579
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, Three Mile Island, 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, 05000000, Zimmer, Fort Saint Vrain, Shoreham, Satsop, Trojan, Atlantic Nuclear Power Plant
Issue date: 03/07/1989
From: Cunningham R E
NRC/NMSS/IMNS
To:
References
IN-89-025, NUDOCS 8903010075
Download: ML031180579 (13)
v • d • e


UNITED STATESNUCLEAR REGULATORY COMMISSIONOFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDSWASHINGTON, D.C. 20555March 7, 1989NRC INFORMATION NOTICE NO. 89-25: UNAUTHORIZED TRANSFER OF OWNERSHIP ORCONTROL OF LICENSED ACTIVITIES

Addressees

All U.S. Nuclear Regulatory Commission (NRC) source, byproduct, and specialnuclear material licensees.

Purpose

This notice is to inform licensees of their responsibility to provide timelynotification to NRC before the planned transfer of ownership or control oflicensed activities, and to obtain prior written consent to such action fromNRC, as specified in 10 CFR Sections 30.34(b), 40.46, and 70.36. In addition,this notice provides guidance on the type of information that should be sub-mitted to NRC, before a change of ownership or control. It is expected thatrecipients will: review this notice for applicability to their licensed acti-vities; distribute it to responsible licensee management and corporate staff,radiation protection staff, and authorized users, as appropriate; and maintainprocedures to preclude problems from occurring as the result of the transferof control of licensed activities. However, suggestions contained in thisnotice do not constitute any new NRC requirements, and no written responseis required.Discussion:Sections 81 and 184 of the Atomic Energy Act of 1954, as amended, requirethat a license be possessed to conduct licensed activities, and 10 CFR Section30.34(b) states that no NRC license nor any right under a license shall betransferred, assigned or in any manner disposed of, either voluntarily orinvoluntarily, directly or indirectly, through transfer of control of anylicense to any person, unless the Commission shall, after securing full in-formation, find that the transfer is in accordance with the provisions ofthe Act and shall give its consent in writing. Similar wording is found inSections 40.46 and 70.36 of the regulations for source and special nuclearmaterial.Recently, NRC has noticed an increasing trend to transfer ownership ofbusinesses that control the use of licensed materials. Such changes inownership are usually the results of mergers, buy-outs, or majority stocktransfers. These actions appear to be occurring at a greater frequencybecause of the present economic environment. Although it is not the intent8903010075 g A-=) /

IN 89-25March 7, 1989 of NRC to interfere with the business decisions of licensees, it is necessaryfor licensees to provide timely notification to NRC whenever such decisionscould involve changes in the corporate structure responsible for managementoversight, control, or radiological safety of licensed materials. The purposeof such notification is to allow NRC to assure that: radioactive materialsare possessed, used, owned, or controlled only by persons who have valid NRClicenses; materials are properly handled and secured; persons using such mate-rials are capable, competent, and committed to implement appropriate radiologicalcontrols; and public health and safety are not compromised by the use of suchmaterials.In 1988, NRC identified several instances of businesses authorized to possessand use licensed materials that were transferred to other owners, with aconsequent change in control, without any notification to the NRC. In suchcases, NRC has usually become aware of the change either when conducting aroutine inspection or when notified by the new controlling organization(transferee).Transfer of company ownership often results in the assumption of licensedactivities by a corporation not authorized to use or possess licensedmaterials, and whose competence and ability to establish, implement, andmaintain radiological controls have not been previously evaluated by NRC.In such cases, NRC usually determines that the transferee violated NRCrequirements on use and possession of radioactive materials (because ofits unauthorized use and possession), and that the predecessor entity(transferor) failed to inform NRC of the planned transfer of ownership.In specific cases, licensees have failed to inform NRC of changes in ownershipand changes in locations of licensed material from those specified on thetransferor's licenses. In one particular case, failure to notify NRC ofa change in ownership may have contributed to the inadvertent loss of twonuclear weighing scales, containing several hundred millicuries of cesium-137.This type of situation could result in the exposure or contamination ofindividuals or the environment.NRC licensees planning to transfer ownership, a change in corporate status,or control of licensed activities are required by 10 CFR to provide sufficientprior notice and full information about the change to NRC, in order to obtainwritten consent from the Commission before the transfer. Although the burdenof adhering to this requirement is on the existing licensee, it will be neces-sary for the transferee to provide supporting information or to independentlycoordinate the change in ownership or control with the appropriate NRC RegionalOffice. Failure to comply with this requirement may adversely affect the publichealth and safety-and interfere with NRC's ability to inspect activities. There-fore, NRC may consider that a violation of this requirement warrants escalatedenforcement action, including civil penalties and orders, if indicated by thecircumstances against one or both of the parties involved. Willful failureto obtain prior NRC approval of the transfer may result in referrals to theDepartment of Justice for consideration of criminal prosecution.

IN 89-25March 7, 1989 The following guidance is provided concerning notification of NRC of ownershipor control changes:1. Full information on change in ownership or control of licensedactivities should be submitted to the appropriate NRC RegionalOffice as early as possible, preferably at least 90 days beforethe proposed action.2. NRC approvals for change in ownership or control may be delayed ordenied if the following information, where relevant, is not includedin the submittal:a. The name of the organization, if changed. Provide the newname of the licensed organization and if there is no change,so state.b. Identification of any changes in personnel named in the license,including any required information on personnel qualifications.c. An indication of whether the seller will remain in businesswithout the license.d. A complete, clear description of the transaction. The de-scription should include any transfer of stocks or assets.e. An indication of any planned changes in organization, location,facilities, equipment, procedures, or personnel. If suchchanges are to be made, they should be fully described.f. An indication of any changes in the use, possession, or storageof the licensed materials. If such changes are to be made, theyshould be described.g. An indication of whether all surveillance items and records,including radioactive material inventory and accountabilityrequirements, will be current at the time of transfer. Adescription of the status of all surveillance requirementsand records, e.g., calibrations. leak tests, surveys, etc.should be provided.h. A description of the status of the facility. Specifically, thepresence or absence of contamination should be documented. Ifcontamination is present, will decontamination occur beforetransfer? If not, does the successor company agree to assumefull liability for the decontamination of the facility or site?i. A description of any decontamination plans, including financialassurance arrangements of the transferee, should be provided, IN 89-25March 7, 1989 as specified in 10 CFR Sections 30.35, 40.36, and 70.25.This should include information about how the transfereeand transferor propose to divide the transferor's assets,and responsibility for any cleanup needed at the time oftransfer.j. An indication of whether the transferor and transferee agreeto the change in ownership or control of the licensed materialand activity. If so, documentation stating this should beprovided.k. A commitment by the transferee to abide by all constraints,conditions, requirements, representations, and commitmentsidentified in the existing license. If not, the transfereemust provide a description of its program to assure compliancewith the license and regulations.No specific action or written response is required by this information notice.Questions on this matter should be directed to the appropriate NRC RegionalOffice or to this office.Richard E. Cunningham, DirectorDivision of Industrial andMedical Nuclear SafetyOffice of Nuclear MaterialSafety and Safeguards

Technical Contact:

Scott Moore, NMSS(301) 492-0514Attachments: 1. List of Recently Issued NMSS Information Notices2. List of Recently Issued NRC Information Notices

Attachment 1IN 89-25March 7, 1989 LIST OF RECENTLY ISSUEDNMSS INFORMATION NOTICESInformation Date ofNotice No. Subject Issuance Issued to89-1389-1289-0389-0288-10088-93Alternative Waste ManagementProcedures in Case of Denialof Access to Low-Level WasteDisposal SitesDose Calibrator QualityControlPotential ElectricalEquipment ProblemsCriminal Prosecution ofLicensee's Former Presidentfor

Intent

ional SafetyViolationsMemorandum of UnderstandingBetween NRC and OSHA Relatingto NRC-Licensed Facilities(53 FR 43950, October 31, 1988)Teletherapy EventsUnauthorized Removal ofIndustrial Nuclear GaugesIndustrial RadiographyInspection and Enforcement02/08/8902/09/8901/11/8901/09/8912/23/8812/02/8811/22/8808/22/88All holders of NRCspecific licensesAll NRC medicallicenseesAll Fuel Cycle andmajor nuclear materialslicenseesAll holders of NRCspecific licenseAll major nuclearmaterials licenseesand utilities holdingCPs and OLs.All NRC medicallicenseesAll NRC licenseesauthorized topossess, use,manufacture, ordistribute industrialnuclear gaugesAll NRC industrialradiography licensees88-9088-66OL = Operating LicenseCP = Construction Permit

J-' Attachment 2IN 89-25March 7, 1989 LIST OF RECENTLY ISSUEDNRC INFORMATION NOTICESInformation Date ofNotice No. Subject Issuance Issued to89-24 Nuclear Criticality Safety 3/6/89 All fuel cvcle89-2389-2289-2188-73,Supplement 1Environmental Qualificationof Litton-Veam CIR SeriesElectrical ConnectorsQuestionable Certificationof FastenersChanges in PerformanceCharacteristics of Molded-Case Circuit BreakersDirection-Dependent LeakCharacteristics of Contain-ment Purge Valves3/3/893/3/892/27/892/27/89licensees and otherlicensees possessingmore than criticalmass quantities ofspecial nuclearmaterial.All holders of OLsor CPs for nuclearpower reactors.All holders of OLsor CPs for nuclearpower reactors.All holders of OLsor CPs for nuclearpower reactors.All holders of OLsor CPs for nuclearpower reactors.89-20Weld Failures in a Pumpof Byron-Jackson DesignHealth Physics Network2/24/892/23/8989-19All holders of OLsor CPs for nuclearpower reactors.All holders of OLsor CPs for nuclearpower reactors, andthe following fuelfacilities: NuclearFuel Services of Erwin,General Atomic, UNCMontville, B&W LRCLynchburg, and B&WLynchburg.All holders of OLsor CPs for nuclearpower reactors.89-18Criminal ProsecutionWrongdoing CommittedSuppliers of NuclearProducts or Servicesofby2/22/89OL = Operating LicenseCP = Construction Permit

IN 89-25March 7, 1989 IN 89-March , 1989 as specified in 10 CFR Sections 30.35, 40.36, and 70.25. Thisshould include information about how the transferee andtransferor propose to divide the transferor's assets, andresponsibility for any cleanup needed at the time of transfer.j. An indication of whether the transferor and transferee agree tothe change in ownership or control of the licensed material andactivity. If so, documentation stating this should be provided.k. A commitment by the transferee to abide by all constraints,conditions, requirements, representations, and commitmentsidentified in the existing license. If not, the transfereemust provide a description of its program to assure compliancewith the license and regulations.No specific action or written response is required by this Information Notice.Questions on this matter should be directed to the appropriate NRC RegionalOffice or to this office.Richard E. Cunningham, DirectorDivision of Industrial andMedical Nuclear SafetyOffice of Nuclear MaterialSafety and Safeguards

Technical Contact:

Scott Moore, NMSS(301) 492-0514Attachments:1. List of Recently IssuedNMSS Information Notices2. List of Recently IssuedNRC Information NoticesAlso input fromLChandler, OGCRWeisman, OGC*Editor *RI *RII *RIII *RIV *RV *OEEKraus JJoyner WCline BMallett WFisher RThomas JLieberman2/08/89 2/07/89 2/13/89 2/14/89 2/13/89 2/08/89 2/23/89*See previous concurrenceOFC: *IMOB :*IMOB :*IMAB :*IMSB :IMq S :0GkS SNAME:SMoore/sm :DCool :JAustin :LRouse :JHickey (6eIner:GS lom :R CunninghamDATE:2/22189 :2/23/89:2/23/89 :2/28/89 :2/7 /89 :A2/ 89:2/ 9:02 2589 IN 89--S-e~ ,1989 as specified in 10 CFR Sections 30.35, 40.36, and 0.25. Thisshould include information about how the transf ee andtransferor propose to divide the transferor's ssets, andresponsibility for any cleanup needed at the ime of transfer.j. An indication of whether the transferor d transferee agree tothe change in ownership or control of tye licensed material andactivity. If so, documentation stati this should be provided.k. A commitment by the transferee to ide by all constraints,conditions, requirements, repres tations, and commitmentsidentified in the existing liceg e. If not, the transfereemust provide a description of ts program to assure compliancewith the license and regulat ns.No specific action or written response is/required by this Information Notice.Questions on this matter should be dire ed to the appropriate NRC RegionalOffice or to this office.Richard E. Cunningham, DirectorDivision of Industrial andMedical Nuclear SafetyOffice of Nuclear MaterialSafety and Safeguards

Technical Contact:

Scott Moore, NMSS(301 492-0514Attachments:1. List of Recently ssuedNMSS Informati Notices2. List of Recent IssuedNRC Informat n NoticesAlso input fromLChandler, OGCRWeisman, OGC*Editor *RI *RII *RIII *RIV *RV OE a -EKraus JJoyner WCline BMallett WFisher RThomas J a W erman2/08/89/ 2/07/892/13/892/14/892/13/g9Z/Ub/U9Z/W.;Vb*See previous concurrence========================= = === ===================M== = ===========OFC: IS Q :IMOB :1M A :IM E ~ :IMOB :OGC .IMNS :IMNS------ZAL-------- ------NAME:SMoore/sm :pD W :JA stin :LRouse :JHickey :RFonner:G blom :RECunningham_______________,,<r---- _-----------------------_------------4 ------DATE:2/a2/89 :/'i/89:2ft5/89 :2/i;/89 :2/ /89 :2/ /89:2/ i :02/ /89OH1CIAL RELURU CUPY

IN 89-February , 1989 k. Do the transferor and transferee agree to the change in ownershipor control of the licensed material and activity? If so,documentation stating this should be provided.No specific action or written response is required by this Information Notice.Questions on this matter should be directed to the appropriate NRC RegionalOffice or to this office.Richard E. Cunningham, DirectorDivision of Industrial andMedical Nuclear SafetyOffice of Nuclear MaterialSafety and Safeguards

Technical Contact:

Scott Moore, NMSS(301) 492-0514Attachments:1. List of Recently IssuedNMSS Information Notices2. List of Recently IssuedNRC Information Notices(44) Iva~Editor RI RII$"' R II 4.{ RIV 'oS RYV OEEKraus JJoyner WCline BMallett WFisher RThomas JLieberman2/8/89 2/17/89 2/13/89 2/i4/89 2/13/89 q2/ /89 2/ /89OFC: IMOB :IMOB :IMAB :IMSB :IMOB :OGC :IMNS :IMNS___--__-___-___-__________-_______-____-_-______-e _____________-_____NAME:SMoore/sm:DCool :JAustin :LRouse :JHickey :Rp X:GSjoblom :RECunninghamDATE:2/ /89 :2/ /89:2/ /89 :2/ /89 :2/ /89 :2'/_Z/89:2/ /89 :02/ /89 IN 89- 'March , 1989 IN 89-tAo-cCk Seb6t*wry , 1989 as specified in 10 CFR Sections 30.35, 40.36, and 0 .5. Thisshould include information about how the transf ee andtransferor propose to divide the transferor's ssets, andresponsibility for any cleanup needed at t -ime of transfer.j. An indication of whether the transferor d transferee agree tothe change in ownership or control of t licensed material andactivity. If so, documentation stati this should be provided.k. A commitment by the transferee to ide by all constraints,conditions, requirements, represe tations, and conmmitmentsidentified in the existing lice e. If not, the transfereemust provide a description of ts program to assure compliancewith the license and regulat ns.No specific action or written response is required by this Information Notice.Questions on this matter should be direted to the appropriate NRC RegionalOffice or to this office.Richard E. Cunningham, DirectorDivision of Industrial andMedical Nuclear SafetyOffice of Nuclear MaterialSafety and Safeguards

Technical Contact:

Scott Moore, NMSS(301/ 492-0514Attachments:1. List of Recently ssuedNMSS Informati Notices2. List of Recent'y IssuedNRC Informat' n NoticesAlso input fromLChandler, OGCRWeisman, OGC*Editor *RI *RII *RIII *RIV *RV OEj4. AEKraus JJoyner WCline BMallett WFisher RThomas J~7perian2/08/89 / 2/07/89 2/13/89 2/14/89 2/13/89 2/08/89 2 J 8911-JIL*See previous concurrenceOFC: I B :IMOB :IMAB :IM i :IMOB :OGC .YMNS :IMNSNAME:SMoore/sm :DQ ' :JAvstin :LRo se :JHickey :RFonner:G blom :RECunninghamDATE:2/aS/89 :/A!/89:2h3 /89 :2/ /89 :2/ /89 :2/ /8 :2/ / 02/89UMLIAL KLUULP

IN 89-February , 1989 k. Do the transferor and transferee agree to the change in ownershipor control of the licensed material and activity? If so,documentation stating this should be provided.No specific action or written response is required by this Information Notice.Questions on this matter should be directed to the appropriate NRC RegionalOffice or to this office.Richard E. Cunningham, DirectorDivision of Industrial andMedical Nuclear SafetyOffice of Nuclear MaterialSafety and Safeguards

Technical Contact:

Scott Moore, NMSS(301) 492-0514Attachments:1. List of Recently IssuedNMSS Information Notices2. List of Recently IssuedNRC Information NoticesEditor RI RII4I " RIV Xs92 RV OERIRIl e/ OEEKraus JJoyner WCline BMallett WFisher RThomas JLieberman2/8/89 2/71/89 2/13/89 2/1/ 89 2/13/89 2/ S/89 2/ /89OFC: IMOB :IMOB :IMAB :IMSB :IMOB :OGC :IMNS :IMNS-- --- ---- ---- ---- ---- ---------------- -- ----- ----NAME:SMoore/sm:DCool :JAustin :LRouse :JHickey :RF aer:GSjoblom :RECunninghamDATE:2/ /89 :2/ /89:2/ /89 :2/ /89 :2/ /89 :2 /5/89:2/ /89 :02/ /89


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