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 A NRC/NMSS/IMNS
To:
References
GL-99-001, NUDOCS 9904290155
Download: ML031110090 (11)

UNITED STATESNUCLEAR REGULATORY COMMISSIONOFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDSWASHINGTON, D.C. 20555May 3,1999NRC GENERIC LETTER 99-01: RECENT NUCLEAR MATERIAL SAFETY ANDSAFEGUARDS DECISION ON BUNDLING EXEMPTQUANTITIES

Addressees

All materials licensees.Purnose:The U.S. Nuclear Regulatory Commission (NRC) is issuing this generic letter to notifyaddressees about a recent Office of Nuclear Material SafeLy and Safeguards decisionconcerning bundling exempt quantities. NRC does not authorize: (a) the bundling of exemptquantities of byproduct material; (b) any program advising persons to combine exempt quantitysources; 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 forapplicability to their facilities and consider actions, as appropriate. However, no specific actionnor written response is required.Discussion:The NRC regulations that exempt any person from the requirements for a license for byproductmaterial are found in 10 CFR 30.18. A person is exempt from licensing requirements to theextent that such a person possesses, uses, transfers, owns, or acquires byproduct material inindividual 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 initiallytransfer products containing byproduct material, such as exempt quantity check sources, topersons exempt from licensing, must obtain an exempt distribution license from NRC.To obtain an exempt distribution license from NRC, product information must be submitted asoutlined 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 tomanufacture, process, produce, package, repackage, or transfer quantities of byproductmaterial to persons exempt, pursuant to 10 CFR 30.18, if the exempt quantities are incorporatedinto any manufactured or assembled commodity, product, or device intended for commercialdistribution.1' PPQD nooc 99(00505 GL 99-01May 3,1999 Several years ago staff became aware of the bundling of a limited number of exempt quantitysources in gauging devices. On June 3, 1994, NRC determined that, under certain limitedcircumstances, bundling of exempt sources did not present a health and safety hazard.However, recently NRC has received requests for permission to distribute an increased numberof bundled sources in similar devices. As a result, NRC became concerned that the individualnumbers of exempt sources bundled in such devices would reach some point where a generalor specific license would normally be required. In the case where the bundled exempt sourcesremained exempt, NRC would have no mechanism to ensure their safe possession, use,and disposal.Based upon a thorough reexamination, including discussions with Agreement States toascertain their perspectives, NRC now has determined that combining any exempt sources isinconsistent with the regulations, pursuant to 10 CFR 30.18, 32.18, 32.19, and 32.20.Instructing persons exempt from licensing to combine exempt quantities, and providing devicesfor them to do so, is in direct conflict with NRC's requirements for labeling of exempt sources.Section 32.19 specifically instructs persons not to combine exempt quantities, since theexemption provided in 10 CFR 30.18 is applicable only as long as no individual nor discreetquantity of the byproduct materials exceeds the quantity limits specified in 10 CFR 30.71,Schedule B, and as long as the quantities set out in that schedule are originally received andremain separate and distinct from other quantities of exempt byproduct materials. The labelingrequirements in 10 CFR 32.19, which address shipments to exempt persons, instruct10 CFR 32.18 licensees to label the "immediate container' with information identifying theradioisotope and the quantity of radioactivity, and in addition to that information, the container"...shall also bear the words ...'Exempt Quantities Should Not Be Combined.'" Therefore,although the exemption in 10 CFR 30.18 provides for persons without a license to possess anduse a wide variety of byproduct materials, and to possess and use specific byproduct materialswithout restriction as to the total quantity that may be possessed and used at any one time, theregulations do not authorize, but rather discourage, grouping exempt quantities ofbyproduct material.At this time, devices already in use, having multiple exempt quantities of byproduct material,may continue to be used. NRC does not plan to take any action regarding these devices orusers unless a radiological safety hazard is identified. However, persons possessing suchdevices should maintain control and account for these devices and the exempt sourcescontained within them. To this end, it is good practice to clearly label the devices withradioactive materials warning labels bearing the standard radiation warning symbol andstandard magenta (or purple) and yellow colors. Additionally, it is preferable to not dispose ofdevices containing multiple exempt sources through ordinary commercial waste disposal ormetal recycling channels because of the presence of bundled radioactive material. If devicescontaining sources are no longer needed, the supplier should be consulted for advice regardingproper disposal options.

GL 99-01May 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 ofthese devices and assure the protection of the public health and safety and with consideration ofproperty 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 theappropriate regional office.Donald A. Cool, DirectorDivision of Industrial andMedical Nuclear SafetyOffice of Nuclear Material Safetyand SafeguardsContact: Anthony S. Kirkwood, NMSS(301) 415-6140E-mail: askenrc.govAttachment: List of Recently Issued NRC Generic Letter's.

AttachmentGL 99-01May 3, 1999 LIST OF RECENTLY ISSUED GENERIC LETTERSGENERICLETTER98-01, Supp. 1DATE OFSUBJECT ISSUANCEYear 2000 Readiness of Computer 1/111/99Systems at Nuclear Power PlantsISSUED TOAll holders of operating Iilicenses for nuclear powerPlants, except those whohave permanently ceasedoperations and have certifiedthat fuel has beenpermanently removed fromthe reactor vessel.98-0598-0498-03Boiling Water Reactor Licensees 11/10/98Use of the BWRVIP-05 ReportTo Request Relief From AugmentedExamination Requirements on ReactorPressure Vessel Circumferential ShellWeldsPotential for Degradation of the 07/14/98Emergency Core Cooling SystemAnd the Containment Spray SystemAfter a Loss-of-Coolant AccidentBecause of Construction andProtective Coating Deficienciesand Foreign Material in ContainmentAll holders of operatinglicenses (or constructionpermits) for BWRs, exceptthose who have permanentlyceased operations and havecertified that fuel has beenpermanently removed fromthe reactor vessel.All holders of operatinglicenses for nuclear powerreactors, except those whohave permanently ceasedoperations and have certifiedthat fuel has beenpermanently removed fromthe reactor vessel.All licensees or certificateholders for uraniumhexafluoride productionplants, uranium enrichmentplants, and uranium fuelfabrication plants, exceptthose that have permanentlyceased operationsNMSS Licensees' and Certificate 06/22/98Holders' Year 2000 ReadinessProgramsOP = Operating LicenseCP = Construction PermitNPR = Nuclear Power Reactors GL 99-01May 3, 1999 C- 99-## SuppJe #.. ..... E E :: L T...Month ## Year /

C 49-## supprer #Month .#,YearM ...........R. ................

.-- .9...9# Suppitev #Month S##-Year Month ##,-iYear GL 99-##, Supp./Rev. #Month #S. Year GL 99-##, SuppJRev. #Month ##, Year