ML20127M643
| ML20127M643 | |
| Person / Time | |
|---|---|
| Issue date: | 04/02/1985 |
| From: | Jennifer Davis, Dircks W NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| Shared Package | |
| ML20127M518 | List: |
| References | |
| RULE-PR-30-50FR72, RULE-PR-40-50FR72, RULE-PR-70-50FR72 AB81-2, NUDOCS 8505230323 | |
| Download: ML20127M643 (3) | |
Text
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- ~ April 2,1985 i
i MEMORANDUM FOR: Regional Administrators
- - FROM
- William J. Dircks
. Executive Director for Operations .
i~ John G. ' Davis, Director
! Office of Nuclear Material Safety and Safeguard's j- SUBJECTr- DELEGATION AND ASSIGNMENT TO ALL REGI0t:S OF CERTAIN MATERIALS LICENSING ACTIONS
- 1. Pursuant to NRC Manual Chapter 012R, " Organization and Functinns -
Regional Offices," the Regional Administrators of all Regions are hereby assigned and authorized (hereafter referred to as authorized) to perform certain licensing actions as described herein, effective i April 1,1985. This authorization supersedes the ones issued to Regions I and III effective May 27, 1982 and to all Regions on April 1, 19f? (published April 14,1983) and April ?,1984
- 2. Undea the Atomic Energy Act of 1954, as amended, and the Energy Reorgsnization Act of 1974, as amended, the Office of Nuclear Material Safety- and Safeguards (NMSS) is responsible for the principal licensing,
, regulation, and safeguarding of facilities and materials specified in the Atomic Energy Act of 1954 associated with the processing, transport, i
- , and handling of source, byproduct, and special nuclear materials (here-
-after referred to as nuclear materials). Consequently, NMSS will remain .
responsible for determining overall licensing and regulatory policy for actions which the Regions have been authorized to perfom pursuant to this memorandum. To enable NMS$ to execute this responsibility properly.
HMSS will maintain oversight of these licensing actions. This oversight shall include, but not he limited to, ongoing review of documentation, periodic assessments of activities being conducted by the Regions, and ongoing coordination and consultation between NMSS and the Regions
- regartfing authorized licensing actions. The Nu.S$ Director retains the
" authority to take actions detemined necessary in all matters hereby authorized to be perfomed by the regions.
- 3. All Regional Administrators are authorized to issue, renew, amend, cancel, modify, suspend, or revoke, under the provisions set out by .
this delegation, licenses for nuclear materials issued pursuant to 10 CFR Parts 30 through 35, 80, and 70 to all Federal facilities throughout the United States under NRC jurisdiction except the United States Air Force and Navy and to all persons in non-Agreement States, Guam, i Puerto 4ico, the Virgin Islands and the District of Columbia for academic.
medical, and industrial uses, with the following exceptions:
8505230323 850515 30 PDR 4
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Regional Administrators -?- -
1 A. Activities in the fuel cycle a'nd special nuclear material in quantities sufficient to constitute a critical mass in any room o r a rea. This exception does not apply to license modifications relating to ternination of special ;
nuclear material licenses that authorize possession of l larger, quantities when the case is referred for action E from the Nuclear Regulatory Commission's Headquarters to the Regional Administrators.
l B. Health and s'afety design review of sealed sources and
' devices, and approval, for licensing purposes, of sealed sources and devices.
- C. Processing of source material for extraction of metallic compounds (including Zirconium, Hafnium, Tantalum, 3
Titanium, Niobium, etc.).
D. Distribution of products containing radioactive material to persons exempt pursuant to 10 CFR Parts 32.11 through 32.26.
E .- New uses or techniques for use of . byproduct, source, or special nuclear material.
A. All Regional Administrators are authorized to issue,'with the concurrence of the WSS Director, notices of the denial or the pro-posed denial of applications for materials licenses and amendments t or renewals thereof, pursuant to 10 CFR Part 2, within the parameters delineated in paragraph 3 above.
- 5. Actions initiated by Regional Administrators to suspend, modify, or revoke licenses must have the concurrence of the WSS Director.
- 6. All Regional Administrators are authorized to respond to all Freedom of Information Act inquiries as well as inquiries from Congress, the media and others about licensing actions the Regions have the authority to perfom.
- 7. Actions pertaining to the disposal of nuclear material by burial must have the concurrence of the WSS Director.
- 8. All matters which arise that reasonably could be expected to have '
policy implications relating to delegated licensing actions shall be referred to the NMSS Director for resolution. If a licensing and/or regulation matter arises which has not been specifically authorized pursuant to this memorandum, it remains the responsi-bility, of MSS until a specific authorization is made to the Regions.
- 9. Disagreements which arise between WSS and Degional staffs on whether or not an issue constitutes an item which remains the responsibility 4
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1 of NMSS, or on the way in which a delegated item (s) has been handled will be referred to the NMSS Director who will consult with the Regional Administrator prior to issuing a final resolution.
- 10. Disagreements between potential or existing licensees relative to decisions made by the Regional Administrators pertaining to license -
actions should be made known immediately to .the NMSS Director. If
-. s - resolution cannot be achieved at the Regional level, the applicant /
licensee shall be informed in writing by the Regional Administrator, with c copy to the NMSS Director, that it may seek resolution of the matter with the NMSS Director.
- 11. Delegated licensing actions are to be performed in accordance with policy. guidance and standard review plans issued by the NMSS Director.
- 12. NMSS will provide a copy of this delegation, related revisions, and other related documents to the Deputy Executive nirector for Regional Operations and Generic Requirements and the Director and Chief Counsel, Regional Operations Enforcement Division, Office of the Executive Legal Director. All documents submitted under this paragraph will be marked with Delegati,on and Assignment number
[7590-01].
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William J. Dircks Executive Director for Operations Original Signed By John G. Davis, Director Office of Nuclear Material Safety and Safeguards h
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