ML20248J209
| ML20248J209 | |
| Person / Time | |
|---|---|
| Site: | 07000025 |
| Issue date: | 10/05/1989 |
| From: | Bloch P Atomic Safety and Licensing Board Panel |
| To: | NRC OFFICE OF THE GENERAL COUNSEL (OGC), ROCKWELL INTERNATIONAL CORP. |
| References | |
| CON-#489-9276 89-594-01-ML, 89-594-1-ML, ML, NUDOCS 8910130132 | |
| Download: ML20248J209 (38) | |
Text
.-_ _ _ -
i ' * ' .. h October 5, 1989 1
'89 DCT -6 P12:16 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION __.
.. e r e, 00 Chi :H. .
F,F.i ATOMIC SAFETY AND LICENSING BOARD E U. m a Before Administrative Judge Peter B. Bloch ,
SERVED OCT - 61989 In the Matter of Docket 70-25~ M ROCKWELL INTERNATIONAL Request to Renew CORPORATION For Ten Years Rocketdyne Division (Special Material License ASLBP No. 89-594-01-ML Number SNM-21)
MEMORANDUM AND ORDER (Scheduling)
In the course of the September 29, 1989, prehearing conference, held in Van Nuys, California, I adopted a schedule for the filings in this case and also stated some ground-rules that would apply to those filings. Tr. 238, 245-250, 252-255. The purpose of this memorandum is to state the adopted schedule clearly in one place and to suggest a few refinements that may improve the efficiency of the proceeding. To the extent that this order may be inconsistent with the orders entered on the transcript, this written order shall control.
'All filings in this case should bear the date of filing in the upper right hand corner of the first page of the filing.
8910130132 891005 '7/
PDR ADOCK 07000025 \
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[ A few introductory words are in order. For each of the stages of the case, it is required that filings be. received by.each of the parties. required to be served by the date soecified. (Parties may choose the form of service providing that receipt is timely.)
The Chatsworth Library has been chosen for.the purpose
.. 1 of depositing the case file for the convenience of interveners. Materials should be deposited there within the-next ten days.
The purpose of specifying each of the stages of the proceeding in this memorandum, and of. imposing conditions on .)
the filings, is to assure that the filings will be useful in the decisional process and will have the full impact they deserve. If it should appear to any of the parties that some of the conditions should be changed, they may file for reconsideration of this order within ten days of its receipt. (Motions for reconsideration in this case will be timely-only within ten days of the order as to which reconsideration is sought. Otherwise, the order becomes part of the law of this case.)
I reserve the right to remain flexible in the interest of justice and will accertain motions for extension of time or other specific relief for cood cause. The cause must be stated clearly and must be persuade me of its merits.
Should Rocketdyne (or all of Cae interveners) complete )
and transmit their work on any of the stages of the
1-proceeding before the deadline date, then the deadlines for later stages will automatically be' shifted accordingly --
commencing the time allotted to that stage from the time of Eggraint of the last filing from the previous stage. Now, in the interest of setting a clear schedule that will bring this case to clocure, I direct that the stages in filing 9
are:
I. Interveners' Direct Cases -- due January 3, 1990.2 3
Each concern included in the direct case must be clearly stated and accompanied by a relevant reference to a licensing standard contained in 10 CFR Part 70 and applicable to a general special materials license. (See Attachment A for a copy of Part 70.) For each concern,' the 2
If any of the deadlines (either as stated in the order or recalculated because All of the parties whose filings were due completed their filings before the deadline) should fall on a day that is not a business day for the federal government, the due date shall automatically be understood to be the next business day for the federal government.
3 Interveners may substantiate only those concerns raised by them in their request / petition, in a limited appearance statement that I have said is part of the request / petition, or at the preliminary hearing. Should information important to public health or safety or to the protection of the environment be developed that does not relate to a concern that has already been properly raised, then an intervenor may move to have me consider that concern. The motion should be made promptly and should show good cause for the late filing, including why the filing is late and why it is important.
'It is my experience that the effective presentation of concerns requires careful organization, including allocation of available resources, setting of priorities and attention
filing.should specify the relief that'is sought should the concern be demonstrated to be true (e.g., denial of-license or specification of a condition of licensing).. Failure to comply with this paragraph of ny order will-invalidate the entire discussion of the concern, which may be treated as if it had not even been filed -- subject only to a dis'cretionary ruling on my part that the matter is too important (to safety or the environment) for me to disregard it.
The direct case shall be well organized and clearly presented. Pages shall be numbered sequentially throughout, except for attachments, which either shall have their own
-clear numbering system or shall have numbers written in clearly by the person filing the attachment. Lengthy documents should include a table of contents; for very lengthy documents, page tabs are encouraged to make it easier to refer back and forth to different portions of the report. The method of binding should be secure. Clearly labelled graphs and charts are encouraged to help to make it easier to understand the material or to show the comparisons to which you wish to draw attention.
l to details. When an intervenor suspects a defect in a Rocketdyne document, it may be helpful to seek a voluntary discussion with Rocketdyne that might clarify the issue.
Such voluntary discussions are, of course, not mandatory for either party.
1
Interveners should be familiar with the record and should address each relevant portion of the application.
Failure to address relevant portions of'the application may result in the intervenor being unable to address those arguments at a later stage of the proceeding -- when only rebuttal of new material will be perni.tted.
Arguments should be fully presented so that they can be understood, if I so choose, without having to check cited sources. Arguments also shall be clearly documented. They should comply with 10 C.F.R. S 2.1233, which requires that the filing be under oath or affirmation. They may also clearly cite documents already in the record, such as the Application or answers to my questions. They may cite other documents providing that copies of all relevant portions are attached and that the references are clear. Lengthy documents may be cited without attachment if arrangements are made with me to have those documents added to the file for this case or to exempt the documents from being added because they are readily available.
Whenever interveners cite Rocketdyne materials, they should discuss them in a way that fully acknowledges the thrust of Rockwell's position as it might state it. Then, interveners may state why they consider that position incorrect or incomplete. It is most helpful to me that I
whenever any party cites an opponent's argument that it l
state that opposing argument as sympathetically as possible.
i
\
That will help me to fulfill my responsibility to review the entira' record of the case. It will also help the party in
' understanding the strengths or weaknesses of its own case.
In this initial filing, interveners should state.
crucial areas in which information is missing from the application and supporting materials.- They may also ask relevant questions, directly related to specific concerns that have been properly raised (see footnote 3, supra), to which Rockwell is invited to supply answers. Interveners that fail to identify areas.of lack of information at this
. time may be barred from proposing that I ask questions about those areas at a later stage of the proceeding.
II. Rocketdyne's Response -- due March 3, 1990.
Rocketdyne shall respond to each allegation in a filing that shall meet all the suggestions for organization and clarity.just set forth for stage I, including the suggestion that they accurately represent the full thrust of interveners' allegations. Rocketdyne shall interpret allegations as well as it is able, given its experience and the need to accommodate the inexperience of certain interveners; if it is honestly unable to understand an allegation, it may respond by stating its inability. !
l Rocketdyne also should specify the relief it thinks l
appropriate under the circumstances (e.g., no relief or the willingness to accept a certain condition on licensing).
- I
,e Interveners' questions may be answered in whole or in part. .When they are not answered or are answered only in
- part, Rocketdyne should state its reasons for not responding.- Since discovery is not authorized under this subpart, Rocketdyne may simply state that the record appears to be clear and that it therefore does not need to answer the5 question. It may cite the portion of the existing record that responds to the concern. Rocketdyne should j include a clear enough reference to (or abstract of) that I portion of the record so that, should I choose to do so, I will understand the ground for not answering without physically turning to the reference.
III. Interveners' Rebuttals of New Material -- March 23.
This rebuttal testimony is permitted only with respect to new or surprise material included in Rocketdyne's response. Interveners' documents should comply with the same presentation and content standards applicable to their stage I filing.
It is particularly important that this rebuttal filing show full understanding of the material being rebutted so that I will find it easy to compare Rocketdyne's new or surprise material to the material being set forth in rebuttal.
! l t
IV. Rocketdyne's Rebuttal -- due April 12.
This rebuttal is only for new or surprise material presented by interveners. It may be accompanied by a motion to strike for failure to comply with the conditions imposed on rebuttal filings.
V. Interveners' Analyses -- due May 12, 1990.
Interveners will fully analyze the record with respect to each matter of concern to them. They may cite materials filed by any of the interveners. They must show an understanding of Rocketdyne's arguments and face those arguments directly, showing which arguments are accepted and which are thought to be incorrect.
As in all previous filings, this one should be clear, concise, well expressed and well documented both as to facts and law. If there are disagreements about the effect of regulations or other aspects of the law, they should be briefed as part of this document -- give citations to regulations, statutes, NRC decisions, my previous rulings, court opinions, etc.
This is the time to cite areas of weakness in the record and to suggest questions that I should pose, either in writing or directly to witnesses. Discuss the need for me to ask these questions or to call witnesses.
I' i
It would be most helpful if the tone of this analysis )!
were sufficiently objective that I could adopt some or all j
)
of the analysis as my own opinion, resolving the issues. ]
i' VI. Rocketdyne's Analysis -- due June 11, 1990.
Respond directly to the analysis of each of the interveners, combining intervenor concerns only where this is consistent with clear response. Do this in a form that lends itself to adoption by me as my opinion. Respond as well to interveners' legal arguments and to their requests for me to ask questions or call witnesses. If Rocketdyne chooses, it may suggest questions or that I call witnesses to address its concerns about lack of clarity in the record.
VII. Interveners' Responses To Questions -- July 10, 1990.
If Rocketdyne has suggested questions or the calling of witnesses, interveners may respond -- clearly and concisely.
l VIII. My decision -- August 10, 1989.
My deadline is, of course, the target date for my work.
I I shall endeavor to decide the case prior to this deadline, if consistent with developing a careful understanding of all the issues ana irgumen;s. If I find I must ask questions proposed by the parties or must call witnesses, then the final decision in the case may not occur for another month
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- p. to three months, to allow time for answers or~a hearing and-
-for the filing of analyses,.if. required.
4 Res ectfully ORDERED,
' i
, " Peter B. Bloch l
Administrative Judge s
I
. ATTACHMENT A UNITED STATES NUCLEAR REGULATORY COMMISSION
, RULES and REGULATIONS TITLE 10. CHAPTER 1. CODE OF FEDERAL REQULA710N5 - EMRGY t
9 70.1 PART 70,4 DOMESTIC LICENSING OF SPECIAt. NUCLEAR MATERIAL
- L 70
, OENcRAL Paovtstops Sec. 70.58 Testa. -
(td The regulations contamed an this 10.3 Purpose, 70.87 Measurement control program for 70.2 Scope special nuclear materials control and sc. , part are issued pursuana to the Atomac 10.3 1.lcense requirements. cMntine. Entfg> Act of 1954, as amenced t64
.54 .
Pundarnental nuclear snatertal con. g ge8f888'888808sc Stat. 919) and Title O
n uona. *" ACI of 1974 188 Stat.
~ u e 1 1 mD yee p tectiorL 10.8 ou Infortnauon OMB approvat. coll-cuan recutrements:
MontricatioN AfrD Revocattow or 1.scrnszs M W este sh musmms.
70.9 Completences and occuracy ofinforwiation. 70.81 precedures. and critene for the toegence Modificauon .and revocauon of 11- of Econese to possees:
censes.
rmarrows 10.82 Suspension and opersuon in war or E ma(1) Spent fuel sad other radioactive 70.11 nauons) emersener. ternels associated with spent fuel Persons usms special nuclear matert- Y, storegs m en independent spent feel d Nuce ' Enroaccasart Rer'u$a y o ce storegs installet6on (ISF51), e.t contracts. ss o 7Q.71 Violauona.
70.12 Carrtera. ._ h (2) Spent feel. high-levei radioactive 70.13 Departmentof Defense. waste, and other radioscuve veneeriale Aushaster ssemens et. as set. tet. tes. es asosanted with tlie storage tn e 70.IJa Forearn military atteraft. Stat sat astL set ess, set as amanned, sec.
10.14 Spectfac e.tempuona. 23L 83 Stat. 464. as ==ah'(48 USC 2071. Inonutored retneveble storage 30r3. 2331. 2238. 2238, statt suas ask as installation (hGtS), and the toesas and Oasumaa Lrcunsas amended. act.206. 2ct as seat 1a4a as conditjons under which the f* - "
70.18 Types of licenses. amended,1244. tau,12es Ha ns,C anas. *11 I8'"* *och !IC'"****
SML Se45. 580eL 10.19 General erence sources, license for caHbration or ref.
10.30 General license to own special nucle.
Sections 70.Itc) and Femn(b) also issued under ases,135,141. Pota L 37 435,98 Stat, (-
ar material. EISL tatt142 tlAC 101ss, togeth Sectlam
- I 78.2 Sc.oD .
70.30s General license to possess special 2 Eacept as provided in il 70.11 to nuclear maternal for transport, 70.7 alae teseed ender Pub. L E5 491. [ 70.1L sec.10. inclusive, the regulanons in thss 92 SteL aset Mt USC M Seseen 70.21(g)
TO.20b Generallicense for carners of tran. also issued under sec,122, se Stat SSS(42 a part apply to all persons in the United sient shipmenta of formula cuanuties of LStates-atrateste special nuclear material. USC 2152k Santian 281 eiesissued m*
sec. 57d, Pub. L 23 477. 8s SteL 4r5 (42 U.SA
- i 78J t,levase requirements.
LicENst Arrt.tCAT3ons 2077). Sections 70.38 and mee also issued .
- . under sec.1aA as Seat. 806. as assended (42 No persam subject to the re'gu'tations an 10.21 rtlin8 $ this pan shall recente estle to 10.32 Conten' ts of app!!cauons. $ seca.188.187. Se StaL e&& (42 UAC
, quere, 2238,cdos dehver. recewe M alse pos.M under own, ac.
39
" *g" 'P*eing sess. use.
10.23 Requirements for the appros's) of ap. g tatt as Stat 3302237L plicationa, Mon 282 "
alsolassed uder n 70.24 Criticality accident requirements. . . es amended (42 USC 2138L 7 "#' " "
m25 E, 88 hsat to these regulations.a license issued by IO Fmanaal assuraaes and recorakacpang
- M5- Fe.attch mas tok (bildHkk PsJe tal and- (bL Lacanses 70.32 is)l5),15) and teL (d) and itL 20.3E 70.as > f 70.4 Deftaltions.
(b) and (c), meltal. 70.43 lei and ict 70.aa, 10.31 1ssuance of tteennes.
70.57 (b), tek and idl,70.se laHap), and Ib).
10.32 condluons of ucent.es.
70.33 Renes al of 11 censes, Ul are issued under nac.1611L as stat. ses se "Act" means the Atomac Energy amended (42 USC 22D1(b!); il 70.7. 70.30s Act of 1954 568 Stat 919). including 10.34 Amendment of licenaea.
10.35 Commisanon acuan on applications to (s) and (d1220b (c) and lek m21(c). any amendments thereto:
renew or amentt. 70.24(bL m32 ia Nok ick (dk (el, and (sk 76st " Agreement State" as designated 70.36 Inalienability of licenses. 70.51(cms). 70.58. 457 (b) and (d), 70.54 fe). its Part 150 of this chapter means any 10.31 Disclaimer of s'arranties. (s)(3) and th)-(l) are issued under sec,1811. 68 Stat. 943. ae amended i42 U.S.C 2201(ill; and State with which the Commtanton has 10.38 censes Exotrauon and termination of 11 entered W an e&ch agrument 70.38 1I 70.5. 70 e. 70 20b id) and fel.70.38. under 451 subsection (b) 274b. of the Act.
Spectile Itcenses for the manufacture and tik m82. mS3. 70 54. mS5. 70.5e (244). "Non-agreement State" means any (kl and (ll. 70Ja, and to 90 lb) and (c) are other State.
or initial tranafer of calibrauon or refer.
ence sources. seued under see. asso. es stat eso, as jmended 142 UAC 220stell E " Alert" means events may occur.
Acouismen. Use Ann NocLEAR M ATERI AL, CREDTToRs' RicarTs TRANSFER or SrFCIAL Gsu a At Paovntovs y are in progress, or have occurred that 70.41 1 70.1 Purpose, g couldlead to a release of radioactive Authortwo use of speedi nuclear ma. materialls) but that the release is not tertal (al Eacept as provided in paragraph e I xpected to require a response by an 10.42 Transfer 70.44 Creditor' regulations. of special nuclear material. g part(c) of this section. the regulations offsite of response this organization to protect
" persons offsite.
SreeAL NocLt.Am Marta AL CONTROL, " estabinh procedures and criteras for the
" Atomic energy" means all forms Racomes. RtromTs Ann InsncTrons issuance of latenses to setene inle 10. of energy reieased in the course of nu.
e oma. acoupe. dehver. receive. Possess.
10.51 Matenal bal ce. inventory, and ' use. and annua 11b eransfer special clear tl00; fisalon or nuclear transforms.
10.52 Reports of accident.s! criucality or " Atomic wenDon" means any loss or theft or attempted theft of spe. de for the terms and conditinas upon device utl117.ing atomic energy, exclu-cial nuclear matertat ,""hcwhich en ses.the Commelstun miH hsue such EtVe of the means for transporting or 70.53 Materialstatus reporta.
70.54 Nuclear matenal transf er reporu.
propelling the device (where suctt 70.55 Inspecuona. means is a separable and divisible part 70 1 April 28,1989
_ _ _ _ _ _ . _ _ - - - _ _ _ . _ _ _ _ _ _ _ - _ - - - - . - _ - - - - - - - - - - - -J
PART 70 e DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL cf the device), the prmcipal purpose of " Formula cuantity" means stra- ated with such operations: or (2) re-chich is for use as, or icr development tegic special nuclear material in any search and development activities in-Cf. a weapon. a weapon prototype, or a combination in a quanuty of 5000 volving any of the operations de-wzpon test device; grarns or more computed by the for- senbed in paragraph (r) (1) of this sec-
" Commencement of construc- mula grams =(grams contained U") tion. except for research and develop-ti:n" means any ciennns of land, exca. +2.5 (grams U"+ grams plutonium). ment activities utuizing unsubstantial vation, or other substantial action that " Government agency" means any amounts of plutonium, could adversely affect the natural en. executive department, commmion. in- " Produce", when used in relation vironment of a site but does not in. dependent establishment, corporation, to special nuclear matertal. means (1) clude changes desirable for the tempo- whouy or partly owned by the United to manufacture, mako produce, or rary use of the land for pubuc recre- States of Amenca which is an instru- refine special nuclear materiah (2) to ttional'uses, necessary wrings to de. mentailty of the United States, or any separate special nuclear matenal from termine site characterisuca or other board, bureau, division, service, office, preconstn2ction monitoring to estab. officer, authonty, asiministration, or s batances in Weh such m g g ,ggggg Ush background information related to other establishment in the executive w to m new spd nudeu p branch of the Government, the suitability of a site or to the pro.
" License", except where other- g,,g,g tection of environmental values. "Research and Mve!coment"
~
" Commission" means t}ie Nucle, wise spectiled. means a license issu y ,g g, ar Regulatory Commtalon or its duly pumaant to the regulations in ration. or experimentation: or (2) the author!zea representatives; part.
extensu. of investigative findings ahd
.. Person,, means (1) any individ-
" Common defente and security.. M& dMic or WW m ans the common defense and secu- ual.
goc at t 'e p 'p r.ature into practical appilcation for rity of the United Statejs_
vate institution, group. Government nperimental and demonstration pur.
" Decommission't" means to agency other than the Commtmaion or poses, including the experimental pro-remove (as a facility) safely from service the Department, except that the De. duction and testing of models. devices, and reduce residual radioactivity to a partment shall be considered a puson equipment, materials, and processes, level that permits release of the property within the meaning of the regulations " Restricted Data" means an data for t.nrestncted use and termmanon of in this part to the extent that its fa. concerning (1) design, manufacture or license. ciuties and activities are subject to the utilization of atomic weapons: (2) the
" Department" and " Depart. licensing and related regulatory au. production of special nuclear material mint of Energy" means the Depart. thority of the Comminzion pursuant to or (3) the use of special nuclear mate.
mint of Energy Organtation Act secdon 202 of me hrgy Reorganh M in me Wen d enemy. M (Pub. L. 95-91. 91 Stat. 565 42 UAC tion Act of 1974 (83 Stat.124t).' any shall not include data declassified or 7101 et seq.), to the extent that the State or any poutical subdivision of or removed from the Restricted Data cat.
Department. or its duly authorized any poHucal eWty wimin a State, any [ egory pursuant to section 142 M me E representatives, eEercises functions foreign government or narinn or any 9 formerly vested in the U.S. Atomic ~ p utical subdivision of any such g gov. g Act:
" Sealed source" means any spe-
' Energy Commission. Its Chairman, cc ernment a or nadon, orr.
andeMmess other entity; E cial represenk nuclear designed a capsuk material that toispmvent encasedleh in ,
i E
3 transferredm;mbers,toofficers the U.S.andEnergycomponents Re. e.and "3 E#
agent. agency i e fN or escape of me special nudear maw search and Development Administra.
- rial.
n um pmessing and M "S!te Area emergency" mms events tion and to the Arimini=trator thereof Et D D 88 " M'*D3
- D SD D pursuant to sections 104(b), (c) and (.1) may occur, are in progress, or have w&h the fonowing operatins or ac-tf the Energy Reorganization Act of es am e nducted: (1Wperadons occurred that could lead to a significant 1974 (Pub. L 93-438. (J Stat.1233 at . release of radioactive material and that 1237,42 UAC. 5814) and retransferrect to the Secretary of Earry pursuant h"i " fl$ '[u the fonowing: (1) Preparation of fuel of could require a response by offsite response organizations to protect to section 301(a) of the Department of matertal: (11) formar. ton of fuel materi. persons offsite.
Energy Organization Act (Pub. L 95- al into desired shapes: (tu) applicatica " Source material" means source
- 91. 91 Stat. 565 at 577-578. 42 U.S.C. of protective etaArting: (iv) recovery of material as defined in section liz. of 7151). scrap marnial: and (v) storage associ. the Act and in the regulations con.
" Effective dose equivalent" means the tained in Part 40 of this chapter:
sum of the products of the dose
..me Deprtet facuth med in "8D'Ci"I ""*A* # _****#i'l" equivalent to the body organ or tissue soeuan 202 are: means (1) plutonium. " uranium 233, and the weighting factors applicable to 03 Demonstration 1.louit Metal Fast tuantum enriched in the isotope 233 or each of the body organs or tissues that armier reactors when operated as part of in the trotope 235, and any other ma.
are irradiated. Weighting factors are:
- Mwn renerauon factuues of an electne ter*al which the Commission, pursuant 8 M w en prated in any to t,he paisions of secum 51 of me 0.25 for gonads. 0'15 for breast. 0.12 for ted bone marrow 0.12 for tungs. 0.03 for
" **^^*' f" th' DurD* *s demon- act. determines to be special nuclear straung the suitability for commeretal ap. material. but does not include source thyroid. 0.03 for bone surface, and 0.06 Dly'uon h* of such a reactor.
fit each of the other five organs m a m m materte artificid.
receiving the highest dose equivalent.
.jo,,fthN*tn '[sa"n$ I*Euary 17 ly enMched by any of the foregoing teT5. when operated as part of the power' but does not _tnelude source materiah
" Effective kuograms of special generauon factuues of an electric uuptr "Special nuclear material of low nuclear material" means: (1) For plu, system. or when operated in any other strategic significance" tneans:
tontum and uranium 233 their weight 7er i r the " purpose*of demonstratter (1) IAss than an amount of special in kilograms: (2) For uranium with an **8""" nuclear material of moderate strategic su reactYr.'
ennchment in the isotope U.235 of (3) Fatttttles used primarily for the receipt sigr.ificance, as defined in i 70.4(z)(1).
0.01 (1%) and above, its element and storage of htsh level raaicacuve wastes but more than 15 grams of uranium-weight in kilograms mult.iplied by the resulting from licensed acuvttles. 235 (containeel in uranium ennched to squsre of its enrichment expressed as (4) Retrievable Surface storage Fac111ttes 20 percent or more in the U" isotope) a decimal weight fraction; and (3) For and other fact 11ttes autherned for the ex. or 15 grams of uranium-233 or 15 ranium with an enrichment in the tope U.235 below 0.01 (1%). by its
[#g'h b ji rad $"
" s he$ grams of plutonium or the combina.
ed by the Department, wnich are not used tion ci 15 grams when computed by el: ment weight in kilograms multi. for, or are part of. resean.n and develop. the equation. grams - (grams con.
plied by 0.0001, ment scuvities. tained (grams U") +
plutonium)+(grams U")* or April 28,1989 70 2
4
' o'4 70.4.
PART 70 e DOMESTIC LICENSING OF SPECIAL NUCLEAR (2) Leas than 10.000 grams but more than 1000 grams of uranium 235 (con.
.tained in uranium enriched to 10 per-cent or more but l in the U"isoscoe);ess or'than 20 percent (3) 10.000 grams or more of uranium-233 (contained in uranium enriched above natural but ler.s than 10 percent in the Um isotope).
"Special nuclear material of mod.
erste strategic significance" means:
(1) Less than a formuis quantity of strategic special nuclear matertal but more than 1000 grams of uranium 235 (contained in uranium enriched to 20 percent or more in the Um isotope) or .
more than 600 grams of uranium 233 or Flutonium or in a combined Quanti-ty of more than 1000 rrams when com-puted by the equation gramsa(grarrJ contained U")+2 (gratna U" + grams plut, onium: or (2) 10.000 grams or more of uranium-3 235 (contained in uranium enriched to E? percent 10 Oercent in the or more but less thui 20 U"!sotope).
Da Spepial nuclear material scrap means the various forms of special nu-clear materini generated during chemi-cat and mechanical processing, other than recycle material and normal process intermediates, which are un.
suitable for use in their present form.
but all or part of which will be used n!ter further processing.
" Strategic special nuclear materi-ni" means uranium 235 (contained in uranium enriched to 20 percent or more or in the Um plutenfum. - isotope!, uranium 233,
" Transient shipment" means a shipment of nuclear material. originst-ing and terminating in foreign coun-tries, on a vessel or aircraft which stops at a_ United States port.
" United States" when used in a geographical sense , includes Puerte Rico and all terntories and possessions
- of the United States.
I i
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_ _ _ _ _ _ _ - _ _ _ _ ~
70.5 70.7(b)
PART 70 e DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL
" non Agreement States and a territory:
- (2) Submissions--(i) Region 1 The
- tions, Alaska. Hawaii. and Guam. All regional licensmg program mvohes all Inquiries. communications, and (s) Unless otherwise specified or Federal facilities in the region and non-inpplications for a new license or an covered under the regionallicensing Federal licensees in the follow *ng Region I non-Agreement Sietes and the A amendment or renewal of an existing g program as provided in paragraph (b) of g this section, any communication or A licensa specified in paragraph (b)(1) of Distnet of Columbia: Connecticut. 5 this section must be sent to: U.S.
- report concernmg the regulations in this Delaware. Maine. Ma ssacnunetts. New
. p;rt and any application filed under 3 Jersey Pennsylvania. and iermont. All $ Nuclear Regulatory Commission. R'8 ion e
- these regulations may be submitted to inquines. Commumcations. and . V. Material Radiation Protection the Comnussion at foll2w-- e applications for a new license or an Section.1450 Maria Lane. Suite 210.
(1) By mail addressed to: Director. ',, amendment or renewal of an ex:stmg . Walnut Creek, California 945ee.
OfBee of Nuclear Material Safety and
- D'C"$' 5P'C'I'ed in paragraph (b)(1) of {g 7g,g g ,,presations.
Safeguards. U.S. Nuclear Regulatory 'his ,secnon rnust be seni to: US. 3 Except as specifically aut.horized by Co a
. uc. car Regulatory Commission. Region
- the Commtuton in writing. no inter-f (mrmssion.
- 2) By delivery Washingten.D.C.20555.
in person to the L M' Gar Matma,j wect, ion B. 475 E pretation of the meaning of the resu-l Commission's offices to the Director. AU"'C"* R "d. Amg m Passia. ; lations in this part by any offleer or l 2! Office of Nuclear Material Safety and P nmmm. m employee of the Commmaton other A Safeguards at: -
'!he than a written interpretation by the Ic (1) 212C Street. N.W" Washington. (ii)R 8 ion 11' General Counsel will be recogntzed to
- u. DC m regional licensmg program involves all _,be binding upon the Commission.
2 Federal facilities in the regionand non.
M 11555 Rockville Pike. One Wh.te Federal licensees inthe followmg Region Ig F Emp6eyse ymseenon.
j LI' int North. Rockwlle. Maryland. - non Agreement States and temtones: (a) Discrimination by a Commission
- A Virgmia. West Virgmia. Puerto Ricc. and licensee, an applicant for a Commission (b)The Co nmission has delegeted to % the Virgin Islands. A!!inqumes. license, or e contracto 3r subcontractor the five Regional Admmistrators i communications. and applications for a of a Comtmssion licersee or applicant licensmg authonty for selected parts of against an employee for engsgmg in its decentralized licensmg program for *a* new license or an amendment or renewal of an existmg license specified cettain protected activities is prohibited.
nuclear materials as desenbed in in paragraph (b)(1) of this section mus Discnmmation includes discharge and paragraph (b)(1) of this section. Any be sent to: U.S. Nuclear Regulatory other actions that relate to communication. report. or application Commission. Region II. Matenal compensation, terms. conditions. and covered under this licensmg program Radiation Protecnon Section.101 p-ivileges of employment.ne protected must be submitted as specified in Marietta Street. NW. Suite 2900. Atlanta. activities are established in Section 210 paragraph (b)(2) of this section. Georgia 30323. of the Energy Reorganization Act of ;
(1) De delegated licensing program -
1974, as smended, and in general are
~
includes authonty to issue. renew. related to the administration.or emend. cancel. modify. suspend. or IIiil NCcwn /// The regionallicensmP enforcement of a requirementimposed revoke licenses for nuclear materials pn> gram mmh es all Federal facilities m undar the Atonde Energy Act or the irsued pursuant to 10 CM Paris 30 the region and non-FederalI censees m Energy Reorganization Act.
througn 35. 39. 40, and 70 to all persons the followmg Region III non. Agreement (1)na protected activities include but for academic. medical. and industnal : Sta tes: Indiana. Michigan. Minnesota. are not !!mited to-- l uses. with the foUowing exceptions: g Missoun. Ohio. and Wisconsm. All 2 (i)Providing the Commission (i) Activities in the fuel cycle and inquines. commumcations. and l Information about possible violations of a specialnuclear matenalin quantities l apphcations fu a new Hcense w an
- a. te requirements imposed under either of a sufficient to constitute a entical mass in 2 amenoment w renewal f an existmE R the above statutes; e any room or area.This exception does Ucense specified m paragraph (b)(1) of = (11) Requesting the Commission to
% nnt apply Io license modifications th1 section must be sen: to: U.S. Instituta action agamst his or her Nuclear Regulatory Cornmission. Region a
rdatmg to tennination of special nuclear employer for the admmistration or material licengs that authorize !!!. Matenal Licensmg Section. 799 enforcement of these requirements; or possession oflarier quantities when the R osescit R ad. C'en Ellvn. Illinois (iii) Testifying in any Commission crae is referred for action from NRC's WI3' _
r--e-Headquarters to the Regional (2)These activities are protected even A dminista ators. '(lv) Region IV .
'Ibe If " I '"*i PI **di"8 I' **'"*llY (ii)ifcahh and safety desi n review of initiated as a meult of thumployn s aled d - 8 88 - 8 8. 8 8 . "8 assistance w participation.
Uprova for licens ng urpcses, of Federal facilities in the regionand non- (3)nts section has no application to Federal licensees in the following Region any employee alleging discnmination
- s. aled sources and devices- IV non-Agreement States: Montana, g;,q gocessms of sour:e matenal for prohibited by this secuan who, actmg Okla hnraa. South Dakota. and without direction from his or her t trattmg of metalhc compounds Wyommg. Allinquines, ing irconium. Hafmum. _ employer (or the employer's agent),
communications, and applications for a deliberately causes a violetion of any anta um. Titanium. Niobium. etc.). new License or an amendment or requirement of the Energy (iv) Distnbution of products e renewal of an existing licensa specified centaining radioactive matenal to Reorgaruzation Act of1974, as amended,
% in paragraph (b)(1) of this section must or the Atomic Energy Act of1954, as penons exempt pursuant to 10 CFR e be sent to: U.S. Nuclear Regulator 7 a: mended.
3111 throern 32.26. Commistics. Region IV. Matenal (b) Any employee who believes that-(s) New uses or techniques for use of Radiation Protecuon Sectmn. 611 Ryan he or she has been discharged or byproriect. source, or special nuclear Plaza Driva. Suite 1000. Arlington Texas otherwise discrimmated agamst by any Jatenal 70011. person for engegmg in the protected P- I'} A#N#" E ., .The actmties specified m paragraph (a)(1) of g (vil Reviews pursuant to i 70.32(cl. regional licensing program mvolves all this section may seek a remedy for the w Federal facilities in the regionand non-3- Federal licensees inthe following Region V March 31,1989 704
i I
I PART 70 o DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL discharge or discrtmmation through an admmistrouve proceeding in the collectf on reqmrements contained in this Department of Labor.The part under control number 3150000s.
(b)The approved informanon admmistrouve proceedmq must be collection reqmrements ranmnad in tMs initiated within 30 days after an mileged part appear in il 7tL19. 70.20s. 70.20b.
violauon pccurs by fihng a complaint 70.21. 70 2 . 70.24. 70.3 1 70.33.70.34, allegmg the, violation with tbs 70.38, 70.39. 70.51. 70.52. 7tL53. 7tL57 Department of Labor. Employment 70.58. 70.59, and 70J0.
Standartis Admimatration. Wege and (c) This part contams aformanon Hour Division. Tbs Department of labor collection requirements a addition to may order restatement, back pay, and those approved under the control compensatory damages.
number specified in parserspa (al of this (c) A violanon of paragraph (a)of thia secuou by a Comanssion heensee. an secuen.These mformanon collection
- regmrements and the control numbers applicant for a Commission hcenes, or a a under which they are appreeed are as contractor or subcontractor of a O follows
Comnussion licensee or applicant may (1)In 170.21. Form N-71 is approved be grounds for-under control number 31SIM058.
(1) DemaL revocation. or suspension (2) la i 70.38, Form NRC314 is of thelicense.
spproved under control rnunber3th (2) Imposition of a dril penalty on the noza.
licensee or applicant.
(3)In i 7023. Form NRC-742 is (3) Other enforcement action. 8pproved under control number 31W (d) Actions taken by an employer. or N others, which adversely affect an (4) In i 70.53. Form NRC-742c is employee may be predicated upon approved under control number 3150-nondiscnmmatory grounda. The 0058.
2
%action prohibition applies when the adverse (5) 1n i 70.54. Form NRC-?41 is occurs because the employee has 8pproved under control number SIM-n: engaged in protected activities. An ,0003.
l' employee's engagementin protected ,r-
, acuvities does not automaccally ronder him or her immune from discharge or ; (6)In i 70.53. NRC Form 327 is disciplins for legitimate reasons or from e approved under control number 3150-adverse action dictated by A UI38' nonprohibited considerations. *
[elEach licanase and each applicant ~
shall post Form NRC-3 " Notice to l 70.s Con pieteners and sceuracy of Employees? on .sts premissa. Posting information.
must be at locations sufBcien: to permit (a)Information provided to the employees protected by this section to Commission by an applicant for a observe a copy on the way to or from license or by a licensee orinformalion their place of work. Premises must be required by statute or try the posted not later than 30 days after an Comm:ssion's reguladons.orde s.or application is docketed and remam heese c nditions to be maintamed by posted while the application is pending the appbcant or the licensee shall be before the Commission, during the term complete and accurate in all material of the license. and for 30 days following "'P'CI'-
license termination. ev (b) Each applicant or licensee shall K Nem- Copies of Form NRC 4 may be g no% the Comussion oMormanon obtained by wrttmg to the Regumal % 3dentified by the applicant orlicensee as Adatmstrator of the appropnate Regulatory Commuasion Reipanal ofnes UA Nuclear a having for the reguisted activity a
% si;:mficant irnplication for pubuc health listed to Appenmx D. part 2o of this cbspter. a and safety or common defense and security. An applicant or hcensee violates this paragraph onlyif the (f) The generallicenses provided in appbcant orlicensee fails to nottfy the ll 70.19 and 70.20 are exempt from Commazion ofinformanon that the p
_aregraph(e)of this section. uppbc nl or hunsre has idenuf ec as harm; a a:cmhc.nt amphcation for pubhc health and safety or common "Q g defense and secun:y. Notification shall regaremems: ones approval be prouded to the Adm.nistrator of the (a) The Nuclear Regulatory appr pnate Regional Office mthin two O
I Conmussion has submitted the y rkma days ofidentifying the information collection te uirementa '**""' ' #* 9 "N' * * "' "'
2 contained in this part to e Office of 8ppbcable eo mformanon w hich is
' Management and Budget (OMB) for a ca4 rewired 1o be prouded to the U spproval as required by the Paperwork assmn h ob wung or Reducuan Act of 1980 (44 U.S.C. 3501 et ~ updatmg regwe:nents.
seq.). OMB has approved information
v
! i
/ .
I:
PART 70 e DOMES 11C LICENSING OF SPECIAL NUCLEAR MATERIAL such transportation: (b) resee.rch in, or development, manufacture, storage, s 70.14 - Speelfle esemptiona. .
testing or transportauon of, atomic (a) The Commi==lan may. upon ap.
weapons or components thereof: or (c) plication of any interested person or the use or operation of nuclear reac.
tors or other nuclear devices in a., upon Hs own infusuve, mt such ex.
United States Government. owned ve E emotions from the requirements of
- the regulations in this part as it deter.
hicle or vessel. in addition to the fore-a mines are authorized by law and will going exemptions and subject to theN not endanger His or propW w h '
requirement for licensing of Depart.
ment faculties and. activities pursuant common defense and security and are .
to section 202 of the Energy Reorgani. _otherwise in the public interest. . !
sation Act of 1974, any prime contrac.. .
i f
~
- tor or subcontractor of the Depart. (b) fReserved] as Pa sssas
- s ment or the Commission is exempt?.~
I EzEntrfsoNs ' from the requirements for a license seg; ' W h ME k umM hm h n-
" I forth in section 83 of the Act and from: quirements of the regulations in this
. - the regulations in this part to thea part to the extent that its activities-
[ extent that such prime contractor or; are subject to the requirements of-subcontractor receives title to, owns.* Part 60 of the chapter.
acquires, delivers, receives. p-menes
""I 70' .11Persons using .special nuleer me. uses. or transfers special nuclear mate. . (d) Except as speci6cally provided la tertal under certain Departinent of. nal under his prime contract or sub : Partet of.this chaper anyhasasseis.
Energy and Nuclear llegulatory Com. contract when the Commtssion deter. ; exempt fman the regauements of the maaston contracts. . mines that . the exempuon of . the a reguladons in this part to the extent that i' Except to the extent that Des; art. prime contractor or subcontractor is [ lts acdvides ase subject to the ment facHities or acuvities of the authorized by law; and that. under the . Requirements of Part et of this chapter.
types subject to licensing pursuant to terms of the contract or subcontract section 202 of the Energy Reorganisa, there is adequate assurance that the uon Act of 1974 are involved." any work thereunder can be accomplished !
' " ' risk to the public g [ 43 FR 6915.j prime contractor of the Department is [ and ty*
- l ' exempt from the requirements for a 11.
_ = cease set forth in section $3 of the Acti " - GENEaAI. LICENSES
= and from the regulations in this part
.
- to the extent that such contractor. 8 70.12 Carriers. 5 78.18 Types of Heenses.
' E under his prime contract with the De. Licenses for sgscist nuclear material Common and contract carriers.
- partment quires. receives utle to, ow1Ns. ac.l freight forwarders, warehousemen. a
. delivers, receives. " and the U.S. Postal Service are exempt.l Any general are license of two provided types: general in this and specif uses.or ers special nuclear rnate.=;from the regulaMons in this part to a part is effective without the filing of II"I IO" the extent that they transport special applicauons with the Cornme==8a's or (a) The performance of work for the s nuclear material in the regular course the issuance of lleensing documents to Department at a United States Gov. particular persons. Specific licenses ernment. owned or controlled site. in.
- of carriage for another or storage inct. are issued to named persons upost ap.
dont thereto. This exemption does nog cluding the transportation of special apply to the' storage in transit or pHeatiost filed pursuant to the reguas.
nuclear material to or from such site transport of material by persons cov. tions in tnis part.
and the performance of contract serv.
ered by the general license issued -
' ices during temporary interruptions of mier i 70.20s and i 70.20b.
~
178.19 ' General lleense for enlibration er
"'me Deparunent faattities identatted in " 'd"'***"'""*
soeuen acs am 0 70.13 0 "-- t of Defense. (a) A generallicense is hereby issued (t) Demonstrauen IJould Metal Fast to those persons listed below to receive Breeder roasters when operated me part og The reguraMons in this part do not title to. Own, acquire, deliver, receive, the power semerauon facutuas of an electree,, apply to the Department of Defense poness, uas and transfer in accordance utility statam. or when operated Th"any R to the extent that,the Department re. with the provisions of paragraphs (b) l other manner for the purpose of demon *g Ceives, possesses and uses special nu. and (c) of this section, plutonium in '
strauns the sunabuity for ooaumeretal ap.* clear material in accordance with the
~ .pliention of such a reacter. the for
. direction of the President pursuant to.
- somm.m of calibration or reference (2) other demonstration nuclear reactors. section 91 of the Act.
eneset those in existence on January is. ,, ; (1) Any person in a non agreement 1818. wher operated as part of the power . State who holds a specific license seneration faculues of an electric utuity a issued by ' the Cornmtmalan or the i
' system. or when operated in any other Atomic Energy Commianon which su. i manner for the purpose of demonstrauns thorises him to receive, possess. use
.t*ts suitabutty for commeretal applicauon of
- 8 70.13a Foreign multary aircraft. and transfer byproduct material, such a reactor. : The regulations in this part do not source material, or spet.a1 d nuclear ma.
(3) Factitues used primarily for the receipt apply to persons who carvy specist nu. terial**
","d
, gun88 $mt m n mies e clear material (other than plutonium) (2) Any Government agency, u de.
(4) Itetrievable surface storsee FLtultles
- in aircraft of the armed forces of for. fined in i 70.4(f). which holds a specif.
and other faciliues authorised for the ex.
- eign nations subject to 49 U.S.C. ic license-issued by the Commiamion or press putpose of subseeuent nons. term stor. 1508(a), the t.tomic Energy Commission which see of hish.leveltadioacuve waste generap . author 1ses it to receive, possess, tSe ed by the Deparunent. wrat.h are not used for, or are part of. 2esenrert east develop.
ment acuvaties.
November 30,1988 70 4 i
[
- 1
, 1 I )
i 70'19(a ) 1 70.20b(s)
PART'm o DOMESTIC UCENSING OF SPECIAL and transfer ~ byproduct material, source maternal, or special maclear ma.
-. 1 terial: and (4) Shall store such souxe, except when the source is being used. in a ' (c) Notwithstanding any other provl.
- (3) Any person in an agreement closed container adequately designed sion of this chapter, the duties of a State who holds a specific license and constructed to contam plutonium 1 general licensee under this esetton leeued by which* misht otherwise escape during ;, ties of strategu apecial nucle Atomic Energy Conanueston 2 which au. 'I*)**Sh'an not uthe Commisa
- "***'"**'"**'"****ert. *' {
thorham and him tonuclear tranafw spedal roeptve. poseems, material. use $ se purpose other such source fortha any plar coum of carr'iage for ww o*r (a) of thie section applies only tion ofto call other *(b) The geners! license sources. in paragraph oviding for the phradealRradiatJ pro.
bration or trimme referetace sources which (d)The genera! Ilcense in paragraph
- taction of such material against theft have been setured or init.inny , or sabotase. Unless otherwise peevided (a) of this section does not authorias by this sectiott, a senerailleense under transfernd in accordance with the the manufacture. Import, or export of specifica'tJone contained in a specific H. calibration or reference sources con. this section as not subject to the re.
cente issued pursuant to (70J9 or in taining plutonium. ,quirements of Parts 19, 30, 70 and 72.
accordance with . the a, specifications contained in a specific license tasued (d) Any person who possesses formu.
t/y an aamment State which author. ,. la quantitles of strategne special nucle.
at maternal under thie general Hamama?
1ses manufacture of the sources for distt'Ibution to persons genermily 11 I 70.20 General license to own speesai eu.
(1) Shau have sutualtted and re.
censed by the agreement State. ceived approval of a transportation se.
} * *' ** * *L cunty plan. 'I'he security plan shau (c) The general license m paragraph outline the procedures that will be (a) of of visions this sectici is subject to the pro, gl receive title to and ownused spucial nuclearA to meet general license the requirements of 18 70.32, 70.51. 70.83.10.SS 3 maternal without negard to quantity. { { 73.20. 73.25. 73.28. 73.27 and 73.70(g)
< the provisions of Parts 19,30 and 21 of g of this chapter, this chapter. In addittun, persosts who a general on..and train.
r s, or the spectites.
2 receive title to, own, scan're, deliver a under this section is not authortsed to d
- rectiw. Posses, use or transfer me or* aceutre, deliver receive posseen. use. [ tion and desten of a specteuy designed trausfer. import. or export special stti. . truck or trailer as appropdate.-
6 "*'8
- UU'*"I*" 8' '*I8"*8 888#8"
- pursuant to thle generallicanes. clear material. except as autherteed in
- tion is in accordance with th a scoctfic licente.
(D Shau not possess at any one _ ble phyelent protection regulNments time, at any one location of storage or of Il73.20. 73.25. 73.38, 73J7 and use. more than a microcuries of pluto. 73.70(g) of this chapter and the appti.
nium in suchsources: I maan eessesasemossemaan** cable approved tanneportation escurity epassimunner sagenn wtroupert* olan.
(2) Shall not receive, posenes, use or transfer such source unless the souros, (e) A general license is bereby issued (3)Shan be subject to 9 73.80 of this to any pereen to poseems foresula chapter.
or the storage containah bears a label -
which includes the foHowing state. queattdes of strategic speciaineclear "
ment or a sulautantiaHy elatlar state. material of the types and quandties te) Any person who possesses irradi.
emblest to the requirements of Il 73JG. stad reactor fuel under thle genormi 11 ment whicit contains the information 73.25. 73J0. and 73.37 of tbls abaptnr and* .; cenes shall:
canad for in the fonowing statement:
- Imetenalof the typ a irradiated reactor fuel containing (1) aneure or receive certification es and quandties - from the shipper that the transporta.
ofTne meet.hfaha thte sewee. semesmen, , SortalneNo.ame innater M subloot to t f tion is in accordance with the applich-
, r g gg,he requirements g g m ,( of I 73.37 of . ble physical protection requirements fd$$8 inter, comeuen g
d h eesriege for another or storage tacident* of i 73.37 of this chapter; and the Coasmac.en er et a sente wun waien < thermo.carriere senerallylicensed (2) capply with the Mporting &
has emmeed into an aeree. under 6 70 Job are exempt bosi the
.,outrements of $ 73.71 of this chapter.
ment for the eseresse et reenlas.ary muuiert.
tr. De not remove thse labet. requirements of this esodos. Carriere of ., pg,,,, g ,,,,,,,,,,
carton-massoAcTrve msntAL Tars Arradiated reactor fuel for the United wussse w w w,, e,,,m,,e,m,,e,n,,,,
soones couratus rt.trrowrvas. no not States Department of Energy are also of sucepic spesentnueesermeannes,ense toven mADroacfrvt roaTtow or Utte ensampt ham the requirossents of this speeses nusener meteries of meeeroes sc7mes. esodos. De generallioases is subject to swow,e em seemeinussear the oppitcoble previolone of Il 70.7 (e) enelenet of new steeleg6 -
ene orame of Manufacturer or Iraual Irreemw ressor vues. c
- ttoonsh (e): 232 (a) and (b), and ..
(3) Shall not transfer, scandon, or ll 70.43,282. 70.88. 70.81. 70JBL and la) A generallicense is hereby issued dispme of such source except by trSas. %2 71. . to any person to possess trenesent fer to a persatt at:thortzed by a license 3 shipments of the followmg kinde and from the Commission or the Atomic " f quantities of specsal nuclear metenal:
Energy Commission or an Agttement (1) A formula quantity of special
~
State to receive the source. (b) Notwithstand.ng any other 3 nuclear materialof the types and vision of this chepser, the gemessi quantWes t Aett to the requirements of
$ asemed und6r this sectasa does l' 73.20,73.25. 7326. and 13.27 of this apter.
1 E att authortaa any perece to cumbact any Sources genereur ticensed under tha section prior to 1/19/75 mar t> ear lat>els
$ my h we b auw h a g license tesued pursuant to Parte 30 (2) Special nuclear material of dente and b mage sWeam authortned by the Regulations m effect on through 35, 39. 40, 30,72,110. or other of the ty} es and qusntities subject to the N sections of this giart. requirements of i 73.67 of this chapter.
{3)Irratiated reactor fuel of the type
( of I 73.37t of his chapter.and quantity su 70 7 November 30,1988
i e
PART 70 e DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL
( Persons generally licensed under
.b) (i)1.ocation of all seneduled stops in filing 25 copies of the application with this section are esempt from the United States terntory:
requirements of Parts 19 and 20 of this the Director. Office of Nuclear Matenal lii) Arnval and departure times for all Safety and Safeguarda. U.S. Nucleae chapter and the requirements of this scheduied stops in Umled States Regulatory Comnussion. Washington, part. except 1170.32 (a) and (b). 70.52. terntory: D.C.20555.
70.55. 70.61. 70.62. and 70.71. (iii)The type of transport vehicle: (2l A person may apply for any other (c) Persons generabr iicenseo ander this section in possess a transient [iv) A physical desenption of the license issued under this part, by filing shiprnent (elements, isotopes, and six copies of the appacanon in shipment of special nuclear matenal of ,
the kind and quantity specified in ennchmentsl: accordance with ee insmscuona in paragraph (a)(1) of this section shall e numbu and typn of provide physical protection for that C n'8 '"'f8- (3) !nformation contained in previous shipment in accorcance with or (vil The name and telephone number applications, stataments, er reports filed the camn s reprnentatne at eacri mth the Commission may be equivalent to Ii 7320(a). 7320(bl. 73.25. incorporated oy referene tf the and 73J1(b) of this chapter from the stop verincation im Umted States
.Jeferences are clear and specific.
rt unt I t e ts that or another ed ( il e estimated time and date that ' (b) hn application for license filed States port. shipment will commence and that each pursurnt to the regulations in this (d) Persons generally licensed under .c untry (other than the United States) pars will be considered also as t n ap-this section to possess a transient al ng the toute is scheduled to be plication for licenses authonzmg other shipment of special nuclear matenal of entered. activities fr.r unich licenses are re-quared by the Act, provided the appli-moderate or low strategic sigmficance of O '"I bf 5WmWS ON CDCM cation specifies the additional activt.
the kmd and quanuty specified in , at are not party to the Cons en:mn an parseraph (a)(2) of this section shall the pnn. cal Protection of Leicar ties for wnich licenses are requested provide physical prctection for that gfatniet. prmide a surances, as for as - and comolles with regulations of the shipment in accoroance with or n pract cable, that this nuclear ma:enai : Commission as to applications for such wd1 be protected during inierna;ional z licenses.
equivalent to I 73.67 of this ch6pter and - (c) Any application which contains shall comply with the requirements of transport at inels docr,ued in Annex ! ~ Restncted Data shall be prepared in
! 73d(b) of this chapter. I thal Com ention (sce Appendices E
. and F of Part 73 of this chapter) and such manner that all Restncted Data (e) Persons generally licensed under are separated from the unt'!assified in-this section to possess a transient ^ " #**" b" I ' I"***"*
$ i mplementirig the reqmrement shipmer:t ofirradiated reactor fuet of the e f (d) Applications and documents sub.
, kind and quantity epecified in paragraph w I 70.20bic). w hich wdl include the use of
- mitted to the Commission in connec.
e (a)(3) of this section shall provid' 2 armed personnel to protect the shipment tion with applications may be made
, physical protection for that shipment in dunng the time the shipment is tr, a stallable for public inspection in ac.
g accordance with or equivalent to 6 73.37 United States port. cordance with the provisions of the of this chapter and shall comply with (g) Persons generally !; censed under regulations contained in Part 2 of this this section making unscheduled stops chapter.
the requirements of 6 73J1(b)of this chapen at ynited States ports,immediately after -
nt make an unscheduled (e) Each application for a special nu.
(fj(1) Persons generally licensed under clear matenal license, other than a 11-s oD s 811-this section. who plan to carry transient cense exempted frorn Part 170 of tht?
s ipments with scheduled stops at (1) Provide to the Division of $ chapter, shall be accompanied by the SafeFuerds and Transportation. the Umted States ports. shall noufy in E fee prescribed in i 170.31 of this chap.
wntmg the Division of Safeguards and information required under paragraph (f) m ter. No fee will be required to accom-of this section. R pany an application for renewal or Transportation. U.S. Nuclear Regulatory Commission. Washington. DC 20555. (:)In the case of persons Fenerally amendment of a license, except as pro-licensed under paragraph (a)(1)of this ,vided in i 170.31 of this chapter.
(2) A person generally licensed under section. arrange for locallaw ~
this section shall assure that: enforcement authonties or ained and (f) An appbcation for a license to (i)'lte nonfication will ba recen ed at qualified pnvate Fuards :o protect the possess and use specias nuclear material least to days before transport of the shipment during the stop. for processing and fuel fabncation.
shipment commences at the shippmg (3)In the case of persons generally scrap reconry or convusion of uranium facihty:
licensed under paraFraph (a)(2) of this bexafluonde or for the conduct of any (ii) The Division of Safeguards and section. arranPe for the shipment to be , other activity which the Commission has Transportation has been notified by protected as requ: red m I 73.67(e) of this :: determmed pursuant to Subpart A of telephone al 301-427-1033. at leest to chapter. % Part 51 of this chapter will sig.uficantly days before transport of the shipment (4j In the case cf;+rons tenerally ! sffect the quahty of the ent:ronment commences at the shippmg facility. that licensed under par. graph (aA3) of this ; shall be filed at leest a months pnor .o an adsante shippmg notice has been section. arrarge for the shipment to be commencement of construction of the sent by mati. and protected as required m i 73.37(e) of this plant or facihty in which the activity (m; The Division of Safeguards and cha pter, will be conducted. and shall be Transportanon will be nonfied by (5)!mplement these arrangements accompanied by an Environmental telephone at 301-427-4033 of any withm a reasonable time af ter the Report required under Subpart A of Part changes to the shpment itinerary, srnval of the shipment at a United 51 of this chapter.
(3) Persons w ho are generally bcensed atn p n to nmm m eUect unut the under paragraph (al(1) of this section ~ (g)la response to a wntten request by g' en[ts p that or another United the Commission, an appicant for a must include the informanon hated in .
twense to possess and use more than paragraphs (f)(3)(i) through (ix) of this [i7m mng.
section. Persons who are generally one effective kilogram of special nuclear heensed under i 70.00b(a)(2) and g (a a
A Wn may apph for a matenal shall file with the Commission i 7020bf a)(3) must mclude the ' ' the installa tion information desenbed in
" ! 75.11 of this chapter on Form N-7L informatw m:rd m paregraphs (f)(3)(il naten i n a pluto u thrngn bui)of this section. = processmg or fuel fabrication plant. by /
November 30,1988 70-8
\
e m
ji!
70.21(g) -
PART70 e DOMESTIC
% appucent shallalso perestt LICENSING OF SPECIAL70 NUCLE (9) As provided by 4 70.25. certam -
22(10
, venacetion of suchinstalleton
- infonmence by the Interpseensi Atomac #pphcatione for specific licenses filed 73.8Ple l. le t. end (31 for 1tfag or more of
- Energy Agoney and take such other special nuctuar matenal of low strategic e ecuan as mer be nessewy a
- .decommissiomns funding plan or aunderand eigmbcance, this part must 4 y3.70ts)of thts contam a
- a
,, innplement the US/lAEA Safegnesde comfication of financial assurance for cr.nt,ter metudmc. se enamor:ste, a piac -
,* Agmement. la the maaner erst forth in . g decommissionmg. In the case of Jor tne menection. ou.hhcuuor.. und renewal l 75.0 and il 75.11 through 78$14 of this ,,, apphcations submitted before July 27 tramme of armee escort 6. or tne .
_ chapter.
- 1990. this tabmittal may IoHow the specification and design of a sosmally
. - renewal apphcation but must be designed tmca sr trailer, and 166: a S 18.22 Contentsof appliestlens' submitted on or brfore July 27.1990. hcensee saiepuares contingency pies or
=
tal Each appilcauon for a license response procoonfes, se appropnete, for '
staall contain the following informs. (b)Each apphcanon for a licensee to desimp with threats- theits ene Mon: Possees and use at any one time and - radiological sabotape releans to tne (1) The tuli name. addroso, age (if th locauon special nuclear material an a special nuciesr masenalin transit.
Individual), and clusenship of the ap. quantity exceeding one effective (2) Each apphceison for sisch a hcense plicant and the navnes and addressas kilogram except for apphcations for use involvmg formula cuanuties of stratetpc special nuclear material must include of three.
plicant is apersonal corpormuon utereness. If theasap. seeied sources and for those uses g involved in the opetsuon of the a nuclear first four categones of(alormauce entity. it shall indicata the State 2or . Other o reactor licensed pursuant to Port so of contamed a the apphcent's safepuseds where it was incterporated or orga. this chapter and those mvolved in a conunsancy plan.(The first four nised. the locauon of the principal.{, a fulldesenpt on cf the opphcant'swaste estesones of infonnanon. as omtional set forth an ftpera offlee. ofthe natoes officers, addreenes. and citi. " program for control are 4phC 4 Pm M of M hm -
and accountmq for Base.
sanship its princtoal and Background Genenc Pleasung shah factude infortnat. ton known to that special acclear metenal which will licensee Planame Base.and the appucant concernmg the control be m the oppie. ant ~s possession under Responsibdity Matna. ne fifth category
- or ownership. !! any, exeressed over license. .to show how compuence with ofinformation. Procedures ones not the requtronients of 4 70.54. 5 74.31. or have to be sunni.tted for approvatl
- 8 " * **
. E (raue r oreign 3 ve
- 2) The scuvity for which the spectal - fg accampi,,hed, C8 - (3} The hcensee shallretam this dascripdon of the pian for physical
- nuclear material is requested, or in protection of specialaur_ tear anstanalin
- which special nuclear masertal will be produced. the place at wh6ch the acuv' ~ td)(c)(Reserved]
The Commission may ht any transas sod the safeguardse comuassacy plan or safeguards response preendures Ity is to be performed and the poneral thne after the filing of the ortsinal ap. and each change to die plaa or plan for carrynns out the acuvity-* plicauen, and before the expirauen of L procedures se e record for a persed of (3) The period of time fur which the
!(cense is Neuesh -
in order to enable the Comralasion to g theheerseeslas Lions (including the chemical arid (4)The nanne, amount, and specifica. determitas whether the appucation physical form and. whose applicable. [ er a license should be modified or re.S under eachlicense.
special e lootopic content) of the special nuclear a voted. All appileations and statementa matertal the applicant Groposes to use shall be signed by the applicant or 11 (h)(1) Each application for a liosase to or produce. cenace or a corporate officer thereof. poseene re pee at any site or eeneguous (el Elach application and statmenent sitas outsjest to control by the hcomass
-( Th qualificauens. (n.
ciuding traming and expertence of the cuta a can eta and samarate uransens 338 (cnatataedin urandus eartchedoMareem ormostin die applicant and racmbers of his staff to [ m as tou all dMM anattm . and things ursasam.33B isotopel. arenssa.835. or engage in the proposed activities in ac. plutonsusa alone or in any comblastion cordance with the reguttuons in this (!) Each applicauon for a license to in a quantity of 5.033 grasse er *eere phapter: possess and use er.ecial ttuclear inntart. cosaputed by the fansela,grases a
- al in a plutsatura proramming and fuel (7) A description of equipment and fahrtenuon plant shau contaan, in ns. Isreme conmaced U-assi + z.s temas U-333 + sreas platensen facilities which w'.ll be used by the ap* a ditlen to the other informauen to. license forposeeermoorme).otherth e of this plicant to protect health and minimite : outred by this section. a description of metshalin the operet:om of a suaiser the plantatte. a description and safety danger devices, hanclins to life orworking property (such as "-aassauraent of the design reesterbases of pursuant licensed the to Part 30 of shields, measuring and monitoring fr** areas, a prtnetpal structure, systems, and corn- this chapter. meet toclude s phymeal strumer:ta, devices for the disposal of a.ponents of the plant. Including provt. securttyPl ea.cmisistingof twoparts.
radioactive einuents and wastes, stor. stons for protection against r16 Part I must eddress vital estepment.
age facilities, criticality scendent alarm phenomena. and
- g systems. etc.). ,ggality assurance _a n=desertation a of we vitsl areas. aad isoleton sones.end to n up. "smet demonsoste how the apphomat
- (8) Proposeo pr3cedures to protect panes w um nennen. fabrication, con. plans to meet the rottuarements of ghestt.h and minimise aanger to life or strucuen teaunt and operauon of th4 Il 73.30. 73 40. 73.45. 73.48.73.30.73.00.
property (such as procedures to avoid structures, systems. and componenta 73.70, and 73.71 of this chapterla the accidental criticality, procedures Ior of the plant.' I
' " "" duct h m to be hommsed.
istclinding the ihtsfammon and posal, post.crttlettity sectdent emer. personnel monitoring
~ (g)(1)Eachapplicatico and waste for a license dis desanptama o% as rapmed by sency proceoures, etc.), that would authorize the transport or
~
o dehvery to a carner for transport of i 11.ttle) Whinhapter.M anst het tests. inspecuana, and mhanneans h specialnuclear materielin an amount to demonstrate comphance with euch
- specified in i 73.t(b)(2) of this chapter Nott Wbm the esture of sto oroposed m
must melude (i) a desenption of the plan }uss ,g for physical protsctton of special g ,
g acurities as such as to roomre consioernuen of the appucant a tmancias cuauncations to nuclear matenal in transit in accordance enance We ptars as a record for a eneese en the prepared activities m ancore. with Gl78.30. -
73.15,73.38,73c. and penoo of thrn yects followtry tne date anse alth the reeunauons en this enapter.
tite Cr ommission may reeuest the apptacant le suomst tpformsuoft With VesDeet to his fl. prostam shoute include e dieeussion of how'The desertption of the guain noncias cuanneauons- the crtterna in ADoenatz B of Part 60 of this nucarar instehat re uusntig 13:1sreccrc chapter a,t1 he met. pg g gg' 70u9
--]M1&MM -
70.22(1) PART 70 DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL 70.22(1)
~ -
- s. -
consequences of each type of accident. checks with offsite response p en (ne(n) e d uramum or plutomum foril t Each including application those to possess '
provideo to protect orgamzations and bienmel onsite which a cnticality accadent alarm workers onsite. and a description of the exercises to test response to simulated system is required. uranium program for maintaining the equipment. emergencies. Quarterly commumcations hexafluonde in excess of 50 kilograms in (vi) Assessment of releases. A bnef checks with offsite response a single contamar or 1000 kilograms desenption of the methods and organizations must include the check t:tal. or in excess of 2 cunes of equipment to assess releases of and update of all necessary telephone plutonium m unsealed form or on foils or radioactive matenals. numbers. The licensee shall invite plated sources, must comana either: (vil) Responsibilities. A brief cifsite response organizations to desenption of the responsibility 2es of participate in the biennial exercises.
m t urn se s er it licensee personnel shoul.d an arcadent Participation of offsite response public offsite due to a release of cmsr. including identification of organizations in biennial exercises r:dioactive materials would not exceed pmonal rnponsible for promptly although recommended is not required.
1 rem effective dose equivalent or an n tifying offsite response organizations Exercises must use accident scenanos intake of 2 milligrams of soluble and the NRC; also responsibdities_for postulated as most probable for the uranium, or developing, maintaining, and updating specific site and the scenanos shall not (ii) An emergency plan for responding the plan-be known to most exercise participants, t3 the radiological hazards of an (viii) Notification and coordination. A The licensee shall cntique each exercise accidental release di special nuclear commitment to and a brief desenption of - using individuals not havmg direct matenal and to any' associated chemical the means to promptly notify offsite $ implementation responsibility for the hizards directly incident thereto. response organizatiam and requeet plan. Critiques of exercises must (2) One or more of the following offsite assistance. including :nedical u. evaluate the appropnateness of the fictors may be used to support an assistance for the treatment of 3 plan. emergency procedures. facilities, evaluatton submitted under paragraph contaminated injured onsite workers when appropnate. A control point must equipment, tratnmg of pe,rsonnel and (i)(1)(il of this section: overall effectiveness of tne response, li) The radioactive matenalis be er,tablished. The notification and Deficiencies found by the ennques must physically separated so that only a coordination must be planned so that be corrected.
portion could be involved in an availability of some personnel. parts cccident of the facility, and some equipment will (xill) Hazardous chemicals. A n t prevent the notification and certification that the applicant has met (ii) All or part of the radioactive its responsibilities under the Emergency material is not subject to release during coordination. The licensee shall also an accident or to criticality because of commit to notify the NRC operations plannmg and Community Right to-Know center immediately af ter nonfication of Act of 1986. Title 111. Pub.1 95-499, if the way it is stored or packaged: applicable to the applicant's activities at (iii)In the case of fires or explosions. the appropriate offsite response organizations and not later than one the proposed place of use of the special the release fraction wuuld be lower than nuclear matenal.
0.001 due to the chemical or physicaj hour after the licensee declares an
~ firm of the material: emergency. (4) The licensee shall allow the offsite (iv) The solubility of the material (ix)Information to be communicated. response orgamzations expected to 0 released would reduce the done
~ 0 A brief des.ription of the types of respond in case of an accident 60 days E received: ~ Information on facility status, to commnt a the licensu s emrgency (v) The facility design or engineered radioactive releases, and reenmmended plan before submitting at to NRC.The 3 sifety features in the facility would 3 orotective actions. if necessary, to be licensee shall provide any comments c1use the release fraction to be lower ] ren to offsite response organizations received within the 60 days to the NRC than 0.001: i nd to the NRC. with the cargency plan.
(vi) Operating restnetions or (x) Training. A brief desenption of the -
procedures would prevent a release frequency performance objectives and 1:rge enough to cause a member of the plans for the training that the licenree public offsite to receive a dose will provide workers on how to respond exceeding 1 rem effective dose to an emergency including any special equivalent: or instructions and orientation tours the (vii) Other factors appropriate for the licensee would offer to fire, police, specific facility, medical and other emergency personnel.
(3) Emergency plans submitted under ' Die training shall familiarize personnel paragraph (1)(1)(!!) of this section must with site-specific emergency procedures.
indude the followmg informatforu Also, the training shall thoroughly (i) Facility desenption. A brief prepare site personnel for their disenption of the licensee's facility and responsibilities in the event of secident area near the site. scenarios postulated as most probable (ill Types of accidents. An for the specific site, including the use of '
identification of each type of radioactive team training for such scenanos.
matenals accident for wttich protective (xi) Safe shutdown. A brief cctions may be needed. desenption of the means of restoring the (iii) Clastfication of accidents. A facility to a safe ccadition after an classification system for classifying accident.
accidents as alerts or site area (xii) Exercises. Provisions for emergencies.
conducting quarterly communications (iv) Detection of accidents.
Identification of the means of detecting -
eit.h type of accidentin a timely
- neu =pomas req =remente do noi .p rceed manner, or "'"" hcunens of emmemns mih the (v) Mitigation of consequences. A "'"""
, blief descnption of the means and c' mnrNs [ no E2 a"S *1U pa. t. spese or oth, sim a fedwei mponms I Eq'tipment for mitigtting the reqmrements.
April 28.1989 70-10
'4 PART M e DOMESTIC LICENSING OF SPECIAL NU how the apphcant plans to meet the reqmroments of l y3.87(d),(e),(f). nad , ' (5) Where the nature of the t '
(3). as appropneta. of this chapter. De posed acurities is such as to reau Licensee shall retaan e copy of this comenderation by the Commission, tl UX1) Each appucation for a license to ,$ physical secunty plan pe as athe record appilcant anpears to be financia for the
. possess or use et any site or contagueue o quahfied to ensase in the proposed sites sub6ect ta consol by the liosaaes E "ned durung which ee hcenan uraniu P - MPPmpnam type and .a Mons in this part:uvities in acc
@m-sa8(contataedia to 5 pement er moroawantum es .'I"*"88Y 'I 'P'8'"I ""*N 8"*""" - (6) There the applicant is requiz.
aremen-ass isotopek vraatum.333, or and each change to the E to subemt a summary descripuon
. pish mum d alone er W h h years after the change.ylan for threereqman
- the fundamental material contrW stevided in his procedures for the et
"*"gh*[I g g'****'**" 8
" (1) Eanh applicant for a license to trol of and accountans for special r i; enstained U-ass) +I'*"' 2A igrame r,.osseus, una, transport or deliver to a },
. lisende for possemelos or usecarner ior transport of this+ gramsiormula 96tonium) quand-other trols are adequata -
than a matenalla the openeden of a nuclear C,; al. who prepares a physical
= safeguards ~ 17)secunty.= Where theues of stratesic proposed activity s i reestor licensed puremmat to Part 80 of comungency, or guard processes and fuellabdostion, screp this chaptar, esuet inchule a heenseef qualification and training plan shall ,,,,,,ry conversion d urentam safeguards constagency plan for dealing . protect these plans and other related hemailuoride or any otheractivity widt threats, thefts, and radiological
- Safesuards informauon assinst unau- which the Conneussion deterannes sabotage, as defined in Part ya of this thortzed disclosure in accordance with significandy affect the quaety of the chapter, reladas to nucieer feedides the requirements of i 73.21 of this
'l en e n a Pan 80 d &is chapter e
_ chapter, ee DiedMe bishnal Sekty ud " l or his to the poseenston of special nuclear p daign@fwe emamMunenuf mannelfacessed under this part. ; g 70.23 Requirements (o'r the approvel of
- NU**U***- constmet%n of the plant or facihty in (al Eneb apphestaan for such a license which the acuvity wiu be senducted on -
sanat include the first four categories of g (a) An application for a license wiu the beels ofinformation filed and information containedla thelicant's a ,, be soproved if the Commassion deter- evaluations made pursuant to Subpart A -
I mines that-of Port 51 of this chapter. has concluded.
tesone ornation.as a after weighing the environmental.
ppmMHa C to pmH F3 eMis (1],,T,h',gd*1 ,, ,"g,*1%7M8*d*1 '*
%.am Backgrund. Gesanc Base. h developanent acuvities of a type spect. 7 tee #~fiNtIco's*tYsnd n
considering available ahermatives, that an ava"= Base, fled its secuon 31 of the Act.' in settvi. g the action called foris the 8
. catgary ofle%histrix.)De des licensed by the Commission under 2 the proposed license, formaties.Procedoes. a does not have to be subadtted for~ accuan 103 or 104 of the Act, or for a ppropriate conditions to protect approval, e termines to be appsspriate to carry Iconstructio out the purposes of the Act:
this safeguards contingency ?;
(2)plan The as applicant a(3)De licenses is quaufted by shallretain shall be grounds foradenial copyto possess of record uats the Commissien toruunates ?; reason of traicing and expertence to and see epocial nucieer meterial in such eachlleense obtained by this e use the material for the purpose re.
S- plant or facility. As used in this appucation orany appucation for peregraph the terra "commenesment of 2 tions in this chapter; quested in accordance construction
with the regula*
means any cieering of renewal of a license and retais each change to the plan as a record for three t3) The applicant's proposed equip- land. excavation, or other substantial years after the date of the change. ment and facilldes are adequate to action that would adverrely affect the protect health and minimise danser to environment of a site. De temi doet not life or property: '
mean she exploration. neessaary roads (4) The applicant's proposed proce. forsite exploration, borings to dures to protect health and to mini. determine foundation cotiditions or mise dan "d**"****ser to life or property are other preconstruction monitortng or w whbhah background information related to the suitability of
'The types of researeh and development sh w pm e nd i' lating to:actJvities specified in asetion at are environtcenta those re va ns.
t!) Nuclear processes.
ta)The theory and produ (8) Where the proposed acuvity is i (k) Each apr.lication for a license to enerey. includans pro:ssess,ction of atomic ,, the operation of a plutonium process.
possess or use at any alte or contiguous devices related to such proeucuen: materials, and C; ing and fuel fabrication plant, con.
sites subpect to control by the licensee tal Uutisauon of special nuclear maternal 5 struction of the principal structures.
speciai nuclear matenst of moderste lsad radioneuve mataMat for medical. blo 6 s systems, and componenta approved A
strategic starutcance or 10 kg or more of
'] specialnuclear material oflow st rategic h888 58t'Cultur*1 health *r mil t*rF Pur* 2 tion has been c it) Uulissuon of special nuclear matertal. [with the application;
- sigruficance as defined under 173.2 atomic enerey, and radioactive material and E of this chapter, other than a processes " antained in the utilisauon or pro *[' to submitt9) Where th 2 heenselurpossessionoruseof this use,.Nf3 the oh"rsen$ Tnc ud in sus'* a plan for physical protec-matenalin the operetton of a nuclear Lion of speClal tulclear material in power reactor hcensed pursuant to Part the demonstration of the praeucal value ofersuon of usante enerry, and s trans 50 of this chapte . must include a utt11:auon or producuan iacilities for indus. chapter, the applicant's plan is ade.
utta; physical secunty plan that demonstrates ""8 *E*Q*$*$ o@th and the pr 3
- smessmr panes ehell sammas she eieasse me mouon of safety durans researen and pro.o f t10) Where the appHcant is r duction acurittee' to submit a physical security plan pur.
en essed en seamos tv. atmenene as smersesse Fleen." at Aspenste a to Pan se af this adapter. s suant to i *10.22(h), the applicant's
- proposed tdan is adequate; R
PART /0 e DOMESTIC LICENSING OF SPECIAL NUCLEAR MATEF.lAL
% (11) Where the proposed activity is of all areas shall be provided by two ;;part from the requirements of this sec.
8 processanc and fuel fabrication. scrap detectors. E tion may apoly to the Commission for g recovery. or conversion of uramum (2) Persons licensed prior to Decem. "such exemption. Such application g h:xanuonce, the appucant/s proposed ber 6,1974, to possess special nuclear m shall specify his reason for the relief mersency plans are adequate.
Insterial subject to this section may ; requested.
- maintain a monitoring system capable "
(b) The Commission will approve of detecting a criticality wnich gener construction of the prin:1 pal strue. stes radiation levels of 300 rems per tures. systerns, and comNnents of a c. hour one foot frorn the source of the ~($, [f,*,C"[,,*"o'nmg.
(a) Each applicant for a specific plutonium processing and fuel fabrica- o radiation. The monitoring devices in tion plant on thew basis of information E the system shall have a preset alarm license authontmg the possession and fil d pursuant to 5 70.22(f) when the " point of not less than 5 millirems per use ol unsealed special nuclear snatenal e Cimmtssion has determined that the 0 hour0 days <br />0 hours <br />0 weeks <br />0 months <br /> (in order to avoid false alarms) in quantities excseding 108 times the g design bases of the prmcipal struc ' nor more than 20 millirems per hour.. applicaNe quantattes set forth in g tures, systems, and components, and In no event may s.ny such device be Appendix C to 10 CFK Part 20 shall e th2 quality assurance program provide farther than 120 feet from the special submit a decommissioning funding plan g rsasonable assurance of , protection nuclear 'natertal being handled, used, as desenbed in paragraph (e) of this n C atnst natural phenotrena and the or stored; lesser distances may be nec. section. A decommissioning funding c:nsequences of potential accidents.' essary to meet the requirements of plan must also be submitted when a F4 flute to obtain Commission approval this paragraph (a)(2) on account of in. combination of isotopes is involved if R prior to besmning of such construc- tervening shielding or other pertinent divided by 108 is grester than 1 (unity tion may be grounds for denial of a 11- factors. rule), where R is defined here as the sum cinse to possess and use special nucle -
~ of the ratics of the quantity of each ar material in a plutonium processing [3)'Ule hcenses shall mamtam isotope to the applicable value m and fuel fabrication plant. emergency procedures for eacn area in Appendix C.
which this hcensed special nuclear (b) Each applicant for a specific 5 70.24 Criticality accident requirements. matenal is bandled. used. or stored to iicense authonzmg possecsion and use ensure that all personnel withdraw to an of unsealed special nuclear matenalin (a) Each licensee authortzed to pos- area of safety upon the sounding of the antities specified in paragraph (d) of 33s special nuclear materialin a quan- alarrn. These procedures must include t is section shall either-tity exceeding 700 grams of contained rantum-235, 520 the conduct of drills to familianze (1) Submit a decommissionmg funding
. 450 grams ofgrams of uranium- $ personnel plutonium.1.500
- with the evacuanon plan, and plan as desenbed in paragraph (e) of this section: or grams of contained uranium-235 if no ~ designanon of resPonsibleindividuals uranium enriclied to more than 4 per. m fordetermmmF the cause of the alarm. Submit a certification that cent by weight of uranium-225 is pres. A and pacement of radiation survey financial assurance for decommissioning i int. 450 grams of any combination
- instruments in accessible locations for has been provided in the amount
$ th;reof, or one half such quantities if use in such an emergency.The bcensee presenbed by paragraph (d) of inis e massive moderators or reflectors made shall retatn a copy of current procedures section using one of the methods
- cf graphite, heavy water ce bery!!!um for each area as a record for as long as g desenbed in paragraph (f) of this R m y be present, shall maintain in each licensed special nuclear material is ; section. For an apphcant. this at a in which such licensed special nu- handled, used. or stored in the area. The g certification may state that the cl:ar material is handled, used, or licensee shall retain arry superseded a appropnate assurance will be obtained stored, a monitoring system meeting portion of the procedu:es forthree years
- after the application has been approved th3 requirements of either paragraph after the portion is superseded. and the license issued but pnor to the (s)(1) or (a)(2), as appropriate, and . receipt oflicensed matenal. As part of Ling gamma or neutron. sensitive ra. -
the cemfication. a copy of the financial diation detectors which will energtze (b) Each licensee nthorized to pos- instrument obtained to satisfy the cl3arly audible alarm signals if atti. sess special nuclear mr.terial in quantf- requirements of paragraph (e) of this
~
d:ntal criticality occurs. ties in excess of those specified its section is to be submitted to NRC.
paragraph (a) shall: (c)(1) Each holder of a specific license This section (1) Provide the means for identify *
{
,,,is not intended to require underwater ing quickly which individuals have re- issued on or after July 27.1990 which is
~
of a type desenbed in paragraph (a) or p mrnitoring when special nuclear mate- ceived doses of 10 rads or more.
- ri*l is handled or stored beneath water (b) of this section. shall provide (2) Maintain facilities and supplies financial sisurance for decommissioning a hielding s or to require monitoring sys* at the site for decontamination of per*
y LIms when special nuclear rnaterial is - sonnel, arritngements for the services in accordance with the enteria set forth
, being transported when packaged in E of a physician and other medical per* in(2) this section' Each holde r of a specific license art 71 th chapter- g semergencies, nnel uallfled to handle radiat!Ln arrangements for trans- issued before {uly 27.1990. and of a type S desenbed in paragraph (a) of this portation of injured or contaminated ~
F (1) The monitoring system shall bew individuals to treatment facilities, and * ' b'f #' lU I Rcapable of detecting a criticality that arrangements for treatment of individ- "". " " "a hall s"b*
kommis:Mng fudmg
%prrduces an absorbed dose in soft uals at treatment facilitics outside the plan or certification of financial tissue of 20 rads of combined neutron assu-ance for decommissionmg m an g site boundary a and gamma radiatic;t at an unshielded "" ""I
- I "I ** "
g distance of 2 meters from the reacting (c) Holders of !! censes for construc-tion or operation of a nuclear reactor accordance with the criteria set forth in l mi.tevial within one minute. Coverage issued pursuant to Part 50 of this this section. If the licensee submits the chapter, excepf critical assembly reac- cWication oUmamal usurance tors are exempt for the requirements rather than a decommissionmg funding
- The enteria in Appendix B of Part 50 of plan at this time. the licensee shall of paragraph (b) of this section with de aYe use of r pect os clea aterial i c ude a d comm ss ngf dmg plan in t uafi$ , ,
(d) Any licensee who believes that . (31 Eabi nolder of a specific license good cause ext.ts %hy hi should be issued beMre July 27,1990, and of a type granted an exemption in whole or in Aprl! 28,1989 7 0-12
t
.,,0.25(c)
PART 70 e DOMESTIC UCENSING OF SPECIAL desenbed in paragraph (b) of this 70.31(d section shall subrmt. on or before luly be renewed automatically unless 90 27.1990. a certification of financial days or more pnor to the renewal date. cleanup procedures or when there is assurann for decommissioning or a the issurer notifies the Commission, the decommissioning funding plan m reasonable likelihood that contammants beneficiary, and the licensee ofits may have spread to inaccessible areas accordance wr.h the cntens set forth in intention not to renew this section. as m the case of possible seepage into method or msurance m. The surety porous matensis such as concrete.
ust also provide (d) Table of required amounts of that the full face amount be paid to the These reconis must melude any known financial assurance for decommissionmgbenehciary automancally pnot to the information on identification ofinvolved by quinuty*
of matenal. expiration wnhout proof of forfeiture af nuchdes, quantitles. forms, and
, the licensee fails to provide a concentrations.
greater than 20* but less than or replacement acceptable to the (2) As-built drawmss and equal to to* times the applica, Commission within 30 days after receipt modalications of structures and ble quanuties of Appendix C of of notification of cancellation. equtpment in restncted areas where Part 2o. (For a combmation of (ii)The surety method or insurance . radioactive matenals are used and/or isotopes. if R. as deTaned an must be payable to a trust established ;; stored and of locations of possible l 70.1 Mal. dwided by to* is for decommissioning costs. The trustee 7, inaccessible contaminatiott such as greater than 1 but R divided by and trust must be acceptable to the z buned pipes which may be subject to to* te less than or equal to 1.1 ~ 1750.000 Commission. An acceptable trustee *I contamination. lf reqmred drawmgs equai o 1 ti s the ppice[ includes an appropnate State or Federal referenced each relevant document ble quantsties of Appendix C of gmmnent agency or an entity wMch need not be indexed individually.lf Part 20. IFor a combmetion of has the authonty to act as a trustee and drawmss are not available, the licensee isotopes. if R. as defmed m whose trust operations are reguiated shall substitute appropnate records of I 70.23ral, divided by 108 is and exammed by a Faderal or State available information concerning these agency-greater inan a but R divided by areas and locations.
20* is less than or equal to 1.l .~ 3150.000 liiil The surety method or maugance (3) Records of the cost estimate must remain in effect until the performed for the decommissionmg Commission has termmated the license. fundmg plan or of the amount certified (e) Each decommissioning funding (3) An external smking fund in which for decommissiorung and records of the plan must contain a cost estimate for deposits are made at least annually, fundmg method used for assunng funds decommissioning and a desenption of coupled with a surety method or if either a funding plan or certification is the method of assunng funds for insurance. the value of which may -
used.
decommission;.g from paragraph (f) of decrease by the amount being "~
- this section, including means of accumulated in the sinking fund. An I.tcrusas adt uating cost ertimates and associated external sinking fund is a fund S funding levels periodically over the life e, established and matntained by setting a 70.31 Issuance ofIlcenses.
- of the facility. e aside funds penodically in ars account 6
a segregated from licensee assets and (a) Upon a determination that an ap-
' (f) Financial assurance for g outs'de the licenssee's administrative 5 plication meets the requirements of decommissioning must be provided by one or more of the folk, wing methods: ' Commission.8 the act and of the reg (1) Prepayment. Prepayment is the ; funla would be sufficient to paycon ;;
votin the which the totalwill Commission 1saue a license in such form and con-amo deposit prior to the start of operation decommissioning e.cata at the time taining such conditions and limits-into an account segregated from licensee [erm atio ope ion is e ec e tions as it deerns approprie,te or neces-assets and outside the licensee's 8 Y sary o etrectuate the purposes of the admmistrative control of cash or liquid of a trust, escrow account. govemment g
,,,,, et, fund. certificate of deposit. or depostt of assets such that the amount of funds goven:mem secunties. The smty or wou!d be sufficient to pay --- (b) (Deleted 32 FR 4055.l decommissioning costa. Prepayment insurance provisions must be as stated o s' (c Each license lastied to a person msy be in the form of a trust, escrow in(pjrag ap . !cr use of special nuclesr material in ,
y ral S or account, government fund. certificate of deposit. or deposit of government local gos emment licensees, a statement,d activities in which special nuclear ma-secunties. ofintem containing a coat estimate for terial will be produced shall (subject decommissioning or an amount based "cto the provisions of ( 70.41(b3) be (2) A surety method. insurance. or are u. deemed to authorise such person to re-other guarantee riethod. These methods on theandTablein h (4) g fcati of this 2 cetve title to own, acquire, receive.
section. ind at funds for guarantee that decommissioning costs decommisshnmg will be obtained when ' possess, use, and transfer the special will be paid should the licensee defsd* necessary. nuclear material producec in the A surety method may be tr* the form of a (g)Each pi rson licensed under this '.,,
i course of such authorized activiMea.
surety bond. letter or credit. or line of part shall ke t records of information credit. A parent comparty guarantee of important to ti e cafe and effective f (d) No license will be issuea by the funds for decommissionmg costs based decommission g of thi facility ir En Commission to any person within the on e Gnancial test may be used if the. identified locasa untti the license is 6 United States if the Commission guarantee and test are as contained in termmated by ths Co Appendix A of to CTR Part 30. A parent
- that the issuance of such license records of televam +mmission.If formation are kept E would be inimical to the common d a
company guarantee may not be used & for other purposes. rOcence to these tense and security or would constitute combination with other financial records and theidocati, ma may bebed. " an unreasonable risk to the hea 3 methods to satisfy the requirements of safety of the public.
this section. Any surety method or Information the Commission considers insurance used to provide financial impcrtant to decommiss oning consists og_ -
assurance for decommissionmg must (1) Records of spills on other unusual contain the following conditions: occurrences mvolvmg th4 spread of (i) The surety method or insurance (e) (Deleted 43 FR 69t5')
contammation in and around the must be open. ended or. if written for a facility, equipment. or site. These specified term, sech es five years. must ' records may be limited ts instances when contammation terreams after any
70.32(a l 70.32fe n PART 70 e DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL e-a 0 970.32 Conomons of Heenses, (El An entity (as that term is defined g contaming 80 percent or more by .veight 2
in 11 U.S.C.101l141) controlling the . of the isotope Pu-238, and (ii) Six months (a) Each license shall contam and be lit.emce or listing the licente or licensee :: of the change ifit pertate to vranium h subject to the followmg conditions: ., as property of the estate; or I ennched less than 20 percent in the I. R (C) An a'ffinate (as that term is ' uramum-235 isotope or plutonium
~~ defined in 11 U.S.C.101(a)) of the " containing 80 percent or more by weight (1)(Deleted 32 FR 2562.] licensee. [d the isompe Pu.238.
2 (ii) This notification must indicate-
~
(2): No right.to the special nuclear (Al The bankruptcy court m which the (31 Ucenseen located within RegionJL l i
petition for bankrupter was filed; and as indicated in Appencix A of Part 73 of material shall be conferred by the 11- (B)The date of the l' iling of the I
cense except as defined by the license: this chapter, shall meet the provtstons of (3) Neither the license nor any right _ petition, paragraph (c)(2) of this section except.
under the license shall be assigned or = (c)(1)Each license authonzmg the that. until further notice try the otherwne transferred in violation of pos6ession and use at any one time and 2 Cem b kmse M
. the provisions of the Act: location of special nuclear matenal .a a E furmsh the required repon.to the j (4) All special nuclear mat.erial shall uantity exceeding one effective a: Regional Admmistrator. U.S. Nuclear a be subject to thea right of recapture or {ilogram. except for use as sealed D Regulatory Commission.101 Manetta o
g control reserved by section 108 and to nources and those uses involved in the Street.NW Suite 2900. Atlanta, Georgts
- r.Il other provistorrs of the Act
- Operation of a nuclear reactor licensed 30323 with a copy to the Director. Office (5) No special nuclear material may;,; pursuant to Part 50 of this chapter. and of Nuclear MatenalSafctv and be used in any utilization or produc.g thoseinvolved m a waste disposal S ar .
tion facility except in accordance wit.h e operation shall contam and be subject to , n. h .
the provisions of the Act;
- a condition requinns the licensee to t6) The licensee shall not use the 2 mamtain and follow: jdl The licenser st.all make no channe special nuclear material to construct (i) The pronram for control and wmen w uld oecrease tne effectiveness an atomic weapon or any component accountmg for special nuclear mate ial of the plan for physical protecuon of of an atomic weapon;
~
and fundamental nuclear matenal specai nuclear maternal m transit pre.
controls desenbed pursuant to oared pursuant to 12022fg) or i 73.20ic)
(*l) Except to the extent that the in, il 7022(b). ?O.58(!). 74.31(b). or of this chapter without tne pnor damnification and limitat.on of liabill. 74.51(c)(1)of 6is chapter, as appruralof the Comnussion. A bcensee gl ty provisions of Part 140 of this chap. _appropnate: desinns to make e:ach changes shat!
- ter apply, the licensee will hold the (ii)The measurement controlprogram stabinat an appiacatmn for a coange in g United States and the Department - for special nuclear matenal contrcl and the emeni specifications moorporated u, harmless from any damages resulting accounting desenbed pursuant to in hts or her heense.if any. or for an C from the use or possession of special aumendmme to theimense pursuant to nuclear material leased from the De- il 70.57(c). 74.31(b). or 74.59(e) of this
,_p artment by the licensee: chapter, as appropriate: and i fa90 or 170.34 of this chapter. as (ii ) Such other matenal control appropnate. The hcensee may make procedures as the Commission channes to the plan for phyancal (8) The license shall be subject to Protecnon of special nucicar matenal and the licensee shall observe. all ap- determines to be essential for the safeguarding of speciai nuclear matenal withoot pnor Commmaann approvalif plicable rules, regulations and orders a and providing that the licensee shall these changes do not cecrease the ci the Commtssion. " make no change which would decrease (b) The Commission may incorpo . the ? effectiveness of the plan. The licensee effectiveness to the materialcontrol E shallretain a copy of the plan as a rate ditionsin any andlicense such additional rectatrements con- [ and accountmg program prepared with respect E recorti for the penod denny which the to the licensee s ownership, a pursuant to il 7022(b). 70.58(1). 70.51(g), - her.nsee possesses a formais quantity of possession, use, and transfer of receipt.
special
- 74.31(b). or 74.51(c)(1) cf this chapter.
2 specsal nuciear matenal requinng this nuclear material as it deems appropri- and the measurement control program record undereach heense and each prepared pursuant to 8l 70.57(c). chance to the plan for three years from k I rorr e o on defense 74.31(b). or 74.59(e) of this chapter the effectsve date of
- r without the pnor approval of the report contauungescnpoon a o,the of change.
each A 2 .nd security,'
a t2) Protect health or to minhaize Commission. A licensee desirms to change must be furnished the Director of
- danger to life or property; make such changes shall submit an Nuclear Matenal Safety and SafeFuards.
(3) Protect Restricted Data: application for amendment to its license U.S. Nuclear Regulatory Comnussion.
(4) Guard against the loss or diver pursuant to i 70.34.
Washmgton.DC20555. with a copy to sion of spects.1 nuclear materist (5) Require such reports and the - (2)Thelicensee shallmamtnin records of changes to the matenal the appmpnate NRCRegional Office kleping of such records, and to pro- shownin Appendix A to Part 73 of this vide for such inspections of activities control and accounting program made i:hapter within two months after the under the license as may be necessary without prior Commission approval for a change.
e penod of five years from the date of the [e)The hcensee shad make no change or appropriate to effectuate the pur g change. Licensees locatedinRegions L whx.h would decrease the effectiveness poses of the act and regulations there E IIL IV and V os indicated in Appendix under' of a secueryplan prepared 42ursuant to
$ A of Part 73 of this chapter, shall furnish ll 70r(h). 70=(k). or 73.23(c) without a to the Director. Office of Nuclear the pnarapproval of the Comm>manan. A
- 19)ii) Each lice isce sha!! noti!> the Material Safety and Safeguards. U.S. licensee desanng to anake such a change appropnrae NRC Regional Nuclear Regulatory Comrmssion, 2 Admmntretur. in wnting. arnmed!ately shallsubaut an apphcation for an Washington. DC 20555.a report amendment to its hoanae pursuant to i foliowing the filing of a voluntary or e ir.mluntary petition for bankruptcy containing a desenpnen ofesch change i 70.34. The hen- thall mamtain a under er:y Chapter of Title 11 _withim tscxrcis ofchanges to the plaa made a (Bankruptcy) of the United States Code g. (i)Two months of the change ifft without pnarComromon approvallor by or accinst: g pertams to uramam-233. uramum-235 three years bnm the effective date of the lA) The licensee: $ contained in urarnum ennched 20 change. and shallinmmh an che Director.
s percent or more m the uramum-235 Office of N=*ar Matenal Safety and
" isotope. or plutonium. except plutomum Safeguards. U.S. Nuclear Regulatory April 28,1989 (reset) 7 0-14
7-5 l-70.32(e) i e- wenisesion.ocansas.PART 70 e DOMESTIC LICEN91NG O
$ withaespyseabsappsepasseNRC g Repenal OfEmesiness an Appendoc A to
- Port 73 of this chapter. a report w contamms a '- of each change 2' made, within twomamme aberthe shappe se
. - (f)! Reserved) 44 era sa aas t
(3)De hemmene shallprepareand
, mentam--' r-Amannagemaypina piumedenemaammedeans wah Appeeds C la Best F3 et alie shapeer for domme theannuma anddoenmene l assentesdie the maap===aw'ffy Metdx ,
of its selopunni~mmanmesocy plan. The i l~ hcensee shad reaam e appyof the salepuo'thi contingency pian procedurep as a record for theparaod dures whicc the hseases possesses the appropriate type and geantstyof specialaucasar !
i maternal asspaarang than record under each hcense for wh3 she procedines were developed and each change to the plan for three years from the effective date of the chaape. Thelicensee shall make no change that would decrease the esieguarde effecuveness of the hrst four catepones ofinfonnatson (Background.
o Gemenc Plannes Bees.lacensee j g PlannagBeas.andRempaambilit
- Matrix) contamed in any bran ===y E safetmande contagency plan proposed pursuant to il 70.32(g). 70.22(1). 73.30(g). ,
er FSA0 af this shapter without the pnor approvalef the r -=i== A heeneee i I
desmeng to maka seeh a change shall subsen an application for an amendment toits hcomme parement to I 7024.The lammenes may make champos to the licenses safspeerde contm withost pner rm======= gency plan approvalD' the Amag== de met decrease the 3
7 eflectmeness of the plan. %e ;
licenses shau anninessa each change to !
the plea mands withest pner approval as a record derag the pened for which '
possenessa of a formente quantty of spemalsoclearmetanalno autnanzed !
undera heense and resem the i emperseded sentanal fer three years from i the effocahe date of the thenge end ebaulannah a soport amendens a desampaan of seek ebenge wittdn to days aftertheehmese to made to the ReposalA '- . _ __ of the !
appropnoteNRCReglassiOffice spec Esd in Appenda A toPart F3 of then shopter, with a copy to the Director
~
of Nudeer Metennisatory and Safeguards.
I e
70.32fi) 70.38(c i PART 70 e DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL (h) (Reserved) 4a FR s2s24 the Commission will apply the criterza the results of this survey, unless the set forth in i 70.03. licensee demonstrates that the premises p i g,i 5 70.36 Inalienability of licenses.
are suitable for release for unrestncted ergency pfans na cord n e ith use in some other manner. The licensee i 70.2:fil shall follow the emergency No license granted under the regula- shall, as appropnate-plan approved by the Commission. The tions in this part and no right to pos- (A) Report levels of radiation m units licensee may change the approved plan sess or utilize special nuclear material of microrads per hour of beta and without Commission approulif the granted by any license issued pursuant gamma radiation at one centimeter end channes do not decrease the to the regulations m this part shall be gamma radiation at one meter from effectiveness of Jhe pian. The licensee transferred, assigned or in any manner surfaces, and report levels of shall furmsh the Director of Nuclear disp S d . either V iu'ntarily r inv l- radioactivity, including alpha,in umts of ya na; gafety and Safeguards. U.S.
untarily, directly or indirectly, disintegrations per minute (or through transfer of control of any li- microrunes) per 100 square centimeters ar egulatory Commission, g cense to any person unless the Com-removable and fixed for surfaces, g as mgton. DC 00555, with a copy to a mission shall after securing full infor- microcunes per milliliter for water, and y e appropnate NRC Regional Office
- mation find that the transfer is in ac-o specmed in Appenatx D. Part ZJ of tlus picoeuries per gram for solids such as
% cordance with the provtsions of the chapter and affected offsite response * " * ""#' ""d Act, and shall give its consent in writ-ornamzaLons. a copy of each change ing' (B) Specify the survey instrument (s) withm six monthshter the change is used and certify that each matrument is made. Proposed changes that decrease 5 70.37 Disclau.nn of wananun. properly calibrated and tested.
the effectiveness of the approved Neither the Government nor the (2)(i)in addition to the mformation emergency plan may not be Commission makes any warranty or required under paragraphs (c)(1)(iv) and implemented without pnor application other representation that special nu- [v) of this section. the licensee shall to ano pnor approval by the clear maternal (a) will not result in submit a plan for completion of Cemmission. injury or damage when used for pur- decommissioning if the procedures poses approved by the Commission. (b) necessary to carry out decommissiomng
[ will accomplish the results for which have not been previously approved by (j) Each licensee who possesses a for. It is requested and approved by the the NRC and could increase potential mula quantity of strategic special nu. Commission, or (c) is safe for any health and safety impacts to workers or clear material, or who transports. or ,_other use. to the public such as in any of the delivers to a carrier for transport. a -
following cases:
.Iormula quantity of strategic special I 70.38 Exmration and termmat6on of 2 (A) Procedures would involve
% nuclear material or more than 100 licenses. I techniques not applied routmely during
- grams of irradiated reactor fuel shall (a) Except as provided in I 70.33(b) " cleanup or maintenance operations: or 2(nsure that physical security, safe- and paragraph (e) of this secuon. each I (B) Workers would be entering areas
, guards contingency, and guard quallfl* specific license expires at the end of the 2 not normally occupied where surface cation and training plans and other re-day,in the month and year stated in the contamination and radiation levels are lated Safeguards Information are pro-license- significantly higher than routinely tected against unauthorized disclosure (b) Each licensee shall notify the encounterd during operation: or ace r e the requirements Commission promptly, in wntmg under g pe (C) Procedures could result in i 70.5. and request termmation of the sigmficantly greater airborne license when the licensee decides to concentrations of radioactive materials 8 70.33 Renewal of licenses. termmate all activities involving than are present during operation: or (a) Applications for renewal of a 11- materials authonzed under the license.
cense should be flied in accordtnce (D) Procedures could result in
- This notification and request for significantly greater releases of with il 70.21 and 70.22. Information termmation of the license must include radioactive material to the environment contained in previous applications. the reports and information specified in statements or reports filed with the than those associated with operation.
paragraphs (c)(1)(iv) and (v) of this (ii) Procedures with potential health Commission under the lice tse may be 2 section and a plan for completion of and safety impacts may not be carried incorporated by reference: Provided.
Th such references are clear and *? decommissiomns if required by aragraph (c)(2) of this section or by out pnor to approval of the decommissioning plan.
(b) In' any case in which a licensee, g scense caditie. (iii)The proposed decommissioning c)(1)If a licensee does not submit an plan,if required by paragraph (c)(2)(1) of not less than thirty 130) days prior to , ap(plication for license under i 70.33, the expiration of his existing license, has this section or by license condition. must E filed an application in proper form for licensee shall on or before the include-e renewal of a license, such existing 11 expiration date specified in the icense- (A) Desenption of planned
- cense shall not expire until the appli, decommissioning activities:
l cation for a tenewat has been finally (i)Termmate use of special nuclear matenal; (B) Descr:ption of methods used to determined by t.he Commission.
assure protection of workers and the (ii) Remove radioactive contamination environment against radiation hazards 9 70.34 Amendment of licennen. to the extent practicable except for during decommissionmg Applications for Amendment of a,11 those procedures covered by paragraph (C) A desenption of the planned final cense shall be filed in accordance with (c)(2)(i) of this section:
I 70.21(a) and shall specify the re- #8 *
(iii) Properly dispose of special spects in which the licensee desires his nuclear matenal: a%' detailed cost estimate license to be amended and the grounds for decommis;ioning, companson of that (iv) Submit a completed form NRC- estimate with present funds set aside for for such amendment. 314. which certifies information decommissionmg. and plan for assuring I P " the availability of adequate funds for I 70.3~> Commission scLion on applications to renew or amend. * " " " * "
(v) Conduct a radiation survey of the In considering an application by a 11- premises where the licensed activit;es (E) A des nption of the physical censee to renew or amend his license, were camed out and submit a report of plan prov ons n ace April 28,1989 70-16 i
70.39W PART 70 e DOMESTIC LICENSING OF SPECIAL NUCLEAR dunne decommissiomng.
(ivl The proposed decommissionmg - (1)The applicant satisfies the gener-plan will be approved by the al recutrements of I 70.23. ' (111) Wet torpe test The entire radio- l (2) The applicant submits sufficient active surface of the source sha!! be Commission if the information therem information regarding each type of wiped with illter paper. motstened demonstrates that the decommissionmg calibration or reference source perti- with water, with the ap will be compieled as soon as is moderate finger pressure.Removal plication of of nent to evaluation of the potential ra-reasonable and that the health and dittion exposure, including: radioactive material from the source safety of workers and the public will be shall be determmed by measuring the adequately protected, (i) Chemical and physical form and (3 Upo,n approvalof the maximum quantity of plutonium in radioactntty on the filter paper aft,er deco)mmissionmg plan by the the source: it has dried or by direct measurement (11) Details of construction and of the radioactivity on the source 101-
. Commission the hcensee shall complete d i lowing the wet wipe.
decommissioning m accordance with the approved plan. As a final step m d W mW of NM-poration and binding of the plutonium D'(lvI""*"'d Waters ak test. The source shait I" ****# "I IO " ****
decommissionmg. the ticensee shall .
perature for a period of 24 consecutive agam submit the mformation regmred in I"hhe ) pso res for and results of parsarspli te)(1)(v) of this section and prototype testing of sources. which are hours. The source shall then be re-shall ceruff the disposition of designed to contain more than 0.005 moved frorn the water. Removal of ra-accumulated westes from microcurie of plutonit?m. to demon. dioactive material from the source shall be determined by direct measure-decornmissionmg. strate that the plutonium contained in ment of the radioactivity on the (d)1f the information submitted under each source will not be released or be source after it has dried or by measur-paragraphs it)(1)(v) or (c)(3) of this removed from the source under ing the radioactivity in the residue ob.
section does not adequately normal conditions of use: tained by evaporation of the water m demonstrate that the premises are (v) Details of quality control proce-dures to be followed m rnanufacture of which the source was tmmersed.
stiHble for relesse for unrestncted use. 2 the source: (v) Dry wipe test. On completion of the Commission wtil inform the hcensee $ 0 the preceding tests in paragrapttr of the appropnate further actions (vi) Description of labeling to be af.S (ax5xu through uv> of this cection, I
required for termmation of license,
- tainer for the source:e fixed to the source or the storage con e the dry (e) Each specific license contmues in E E effect, beyond the expiration date af (V1D Any additional information. in R repeated' graph (aH5X1D of th cluding experimental studies and tests. .
E necessary. with respect to possession of required by the Commission to facill
- a residual special nuclear matenai present (vD Observations. Removal of more tate a determination of the safety of than 0.005 microcurse of radioactivity 7 as contammation until the Commission the source. in s,ny test prescrtbed by this para-nottfies the licensee m wnting that the m surce wiH catain F mm graph shall be cause for rejection of license is termmated. Dunng this time. the source design. Results of proto-the license shall-(1)I.imit actions mvolving special
[ e rmines. type tests submitted to the Commis-irith respect to any type of source con- slon sha!! be given in terms of radioac-nuclear matenal to those related to tatning more than 0.005 microcurie of tivity in microcuries and percent of re-decommissioning: and plutonium, that:
moval from the total amount of radio-(2) Contmus to control entry to (D The method of incorporation and retive material deposited on the reatncted areas until they are suitable binding of the plutonium in the source source.
for release for unrestncted usa and theis such that the plutonium will not be Commission notifies the licensee m released or be removed from the wtning that the license as termmated. acurce under normal conditions of use (f) Specific licenses will be termmated and handling of the source: and by wntten notice to the licensee when ui) The source has been subjected'to the Commission determmes that- and has satisfactorily passed the pro-(1) Special nuclear matenal has been totype tests prescribed by paragraph properly disposed: tax 5) of this section.
(5) For any type of source which is (2) Reasonable effort has been made designed to contain more than 0.005 to ehmmate residual radioactive Mcrocurie of plutelum, the appHcant g
has conducted prototype tests, in the (3)() A adIntion suY abeen wder listed, e each M nye pmms performed which demonstrates that the of such source. which contains more prtuises are suitable for relesse for than 0.005 microcurie of plutonium, as unrestncted use; or go3gows:
(ii) Other mformatson submittedYb (D Infffa! measurement The cusnti-the licensee is sufficient to demonstrate ty of radioactive material deposited on that the premises are suitable for release the source shall be measured by direct
,for unrestncted use. counting of the source.
- (ID Dry espe fe:L The entire radioac-M 70.39 Specine licenses for the manufac- tive surface of the source sha!! be wiped with filter paper with the appli* !
ture or initial transfer of cahbration or reference sources.
cation of moderate finger pressure. I
- Removal of radioactive material from i
(a) An application for a specific 11- the source shall be determined by gcense to rnanufacture or initia!!y measuring the radioactivity on the transfercontaining calibrationplutonium, or reference illter paper or by direct mes.surement !
- sources for dis-of the radioactivity on the source fol-tribution to persons generally licensed I wing the dry wipe.
under l 'lo.19. will be approved if:
cmen - ___ -
1
. li i
1 I
70.39t b's PART 70 e DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL 70.42(b)
]
(b) Each person licensed under this section shall affix to each source, or 5 70.41 Authorized une of special nuclear 'l storage container for the source. a maserial.
label which shall contain sufficient in- (a) Each !!censee shall confine his fonnation relative to safe use and stor- possession and use of special nuclear age of the source and shallinclude thee maternal to the locations and purposes -
following statement or a substantially 3 authorized in his license. Except as similar statement which contams the 2 otherwise provided in the license. each information called for in the following e license issued pursuant to the regula.
" statement.' . Lions in this part shall carry with it The receipt. possession. use and transfer " the nght to receive title to, own ac-E of this source. Model - Serial No .
Qutre, receive, possess and use special
- are suoject to a generallicense and the reg. nuclear material. Preparation for ship.
R ulations of the United States Nuclear Reru. ment and transport of special nuclear latory Commission or of a State with which matertal shall be in accordance with the Commission has entered into an asree- the provisions of Part 71 of this chap-ment for the exeresse of resulatory autnon.
ty. Do not remove this label.
ter.
CAUTIoM-R ADioACTIVe MAfsalAL-THis soCRes CoNTAINs PLUTONIUM. DO NoT TOUCH RADIOACTIVE PoRTIoM or THIs =
soUnce. (b) The possession. use and transfer o of any special nuclear material pro-
$ duced by a licensee. in connection with
" or as a result of use of special nuclear
.,' E maternal received under his license.
- a shall be subject to the provtstons of eturer or Initial n the license and the regulations in this l (Name of Ma a
e PEL L
(c) Each person licensed under this section shall perform a dry wipe test upon each source containing more than 0.1 microcurie of plutonium prior 8 70.42 Transfer of special nuclear snate.ri-to transferring the source to a general d licensee under i 70.19. This test shall a) No licensee shall transfer special be performed dioactive by wiping surface the entire of the source withra-a g{ nu(clear material except as authorized filter paper with the application of g pursuant to this section.
lJ moderate finger pressure.The radioac * (b) Except as otherwise provided in 3 tivity on the paper shall be measured R his 'icense and subj9ct to the provi-m by using radiation. detection. instru- sions of paragraphs (c) s.nd (d) of this
- mentation capable of detecting 0.005 section, any licensee may transfer spe-N microcurie of plutonium. If any such cial nuclear mr,terial:
test discloses more than 0.005 micro-curie of radioactive Insterial, the "
source shall be deemed to be leaking or losing plutonium and shall not beI -
transferred to a generallicensee under $
$ 70.19. j (1)To the Department:
E I"
(d) (Revoted 42 FR 43965.]
~
_ (2) To the agency in any Agreement State which regulates radioactive ma-terials pursuant tti an agreement with the Commission or the Atomic Energy AccursrTrow. UsE AND TRAnsrtR or Commission under section 274 of the SPECIA1. Nuct. EAR MATERIA 1 CREDI- Act. If the Quantity transferred is not Tors' RtcuTs fn suffielent to form a critical mass:
(3) To any person exempt from the
- IJcensing requirements of the Act and g regulations in- this part to the entent permstted under such exemption:
(4) To any person in an Agreement State subject to the jurisdiction of
' Sources renerally licensed under this sec. * '" ***"
tion prior to January 19. 1975 may ocar from the licensing requirements and labels authorized by the terultuons in regulations of that State, to the ef fect on January 1.1975. extent permitted under such exemp.
tion:
m_ _ mm -_
"O'42(b)
PART 70 e DOMESTIC UCENSING OF SPECIAL NU 70.51(a .
$ ce(ive such special nuclear m
recordmatertal5) Totheany for three years from person authortzed to re.
date that
" under tums of a spectile license or a it was obtamed: or
- u. general license or their equivalents (5) When ame of the roethods of Srectas. NuczzAn MATERIA!. CoirrRo A lasued* by the Commission or an Agree. venheshan ducrmed an paragspus (d) Recoans. Rtronts Ano Insrrersons
" (t) to(4)cf this secnon are readuy
~
o available or whera a transferor desires to 9 70.51
. (6) To any person abroad pursusnt 2. venly that inferras nos rec teed by one Material balance, inventory, and '
recor6 requirements.
to 110an export of this chapter:license issued under Part [ d2 of these methods is correct or up-to-(a) As used in this section:
Commission in writing.(7) As otherwise authortzed by the ?! recordconfirmatate.
aoc from the (1) " Additions to the transferar material in proc- m 7- esa" means receipts that are opened Commission or the licansmg agency of (c) Before transferring special nucle- an Agrecment State that the tracsistee eacept ior receipts opened only for ar material to a spectile licensee of the sampling and subsequently mttntained Commission or an Agreement State or is hcensed to retenve the s$ecial nudsarunder tamper.ssfing, and opened to a general licensee who la recutred to matanai The tesferordallretam the sealed sources.
h register with the Commission or with record of ranhnsanociar three years from the date the rmod a made.
(2)"Enrichmerit catepn" fu utanb um-235 means high enriched urani-ktc the specisi nuclear matertal, the ~*311-an Agreement State prior um-that to receipt uraniumof whose isotope con-
' censee transferring the mtterial shall @*3*8 MM9 tent is 20 percent or more uranium 235 E verify that the transferee's license au-by weight, and lowenriched urani.
thortzes receipt of the type, form. and 5 70.44 Creditor regulations. um-that uranium whose isotope con.
quantity of special nuclear material to tettt is less than 20 percent uranium.
be transferred. (a) Pursuant to section 164 of the 235 by weight.
Act the Commuston consents, without (3) " Element" means uranium or (d) The following methods for the individual application. to the creation plutonium.
vertilcation reautred by paragrapn (c) of any mortgage, pledge, or other tien.
_of this section are acceptable; upon any special nuclear matertal, not (4) " Fissile isotope" means ti) urani-ownect by the United States. which is um 233 m @ uranium 235 by enrich-(1 The tranafaror n,syhave an his or ment cateson.
her p)ossessma. and read, asubject curruns to licensing: Provided (1) That thecopyrichts of may creditor so (5) " Limit of error" means the un-certainty he n=== hee's spenEc hanas or secured mr-y be eteretsed cnly in com. component used in con.
repatriation certificate. The transferor pliance with and subject to the same structing a 95 percent confidence in.
shsH retam a copy of asch h== or requirunents and restrictions as would terval ==eted with a ottantity afLer cartficata for three years from the date apply to the licensee pursuant to the any recognized bias has been eliminst-that As was obtainad- provtsions of the license, the Atomic ed m Ha etfeet accounted for.
(2)The transfarer may have inits (6) " Material balance" manna a de-possession a writtaa ostuficatmn by the trans:aste that the transieree as h regulations issued by the commission 8 or (MUF)
'* pursuant to said Act; and f
C n verston @ plue retnmals m) imm authortsed by hcense or registrataan ceruficata ao reomv the type.torm. and quashtyeispecsalanclearmstandia
% take possession of the special
" matertal pursuant to the provisions of ons to invenm nuclear g fY'(2)
W. Mamemamal-be trans(arted. gw.Jying ths hasnse or this section prior to eitht:r the issu.
ance of a license by the Commission MUF.Bl+ A 33-R repstrauon certiLcate cumber.tssq authortaing such possessions or the (7) "Materis.1 in process" means any opency.and eapsration date.The t transfer of a licerase pursuard to special nucles.r matertai possessed by b ransferor shah retsin tne wntten i 70.36. the licensee except in unopened re-
~ centhestaon as a record for three years (b) Nothing contained in this section ceipts, ses. led sources, and ultimate E fmm the oste of recerpt of the
[ cendicatmn: shall be deemed to affeet the means of product maintained under tamper. '
acquiring, or the priority of, any taa safing.
(3) For emergency shipments the thn or other 11cn provided by law. (8) " Physical inventory" r.4esna de-
- transleror may accept oral cernfication (c) As used in this section, " creditor" termination pn a measured baats of by the transferee that he or she is includes. without implied limitation. the quantity of special nel*ar materi-authonzed by heense or repstration the trustee under any mortgage, al on hsnd at a given time, The meth-certdicabon to receive the typt.fortr. pledge, or lien on special nuclear mate- ods of physical inventory and associst.
and quanutv.of specialnnclearmatenst rial made to secure any creditor, any ed measurements will vrry depending to be transferred.sperfpng the license trustee or receiver of the special nucle- on the meterial to be inventoried and or registration certdicate nuc;ber ar material appomted by a court of the process involved.'
issumg sFencv. and exptracon date. competent jurisdiction in any action (9)" Removals from materialin proc.
brought for the benefit of any creditor ess" includes measured quantities of provided inst the oral ce ttficatron is secured by such mortcs.ge, pledge, or special nuclear material disposed of as confirmed in wntmp within ten days. lien, any purchaser of such special nu- tiiscards. encapsulated as a sealed
'Ihe transferor shall retatn the wntien cles.r material at the sale thettof upon source or in other ultimate product ,
conhrmanon of the ccral centhestion forforeclosure of such mortgage, pledge, placed'under tamper-safing or shipped '
three years from the date of receipt of or lien or upon exercise of any power ofisite.
the confttmation; of sale conta,ined therein, or any as- (10) " Tamper safing" means the use
{4)The transferer may obtain other signee of any such purchaser. 1 of devices on containers or vaults in a '
sources ofinformatson compiled by a - manner and at a time that ensures a reportmp service from official records of clear indication of any violation of the l s
the Commission or the Lcensmg agency integrtty of previously made mets- I of an Agrgement State as to the identry urements of special nuclear material of heensees and the scope and within the container or vault.
expiration dates oflicenses and registrations. The trans2eror shall retam ;
the c.ompilation of information as a ,crneria for physical inventories are set out in paragraph tf) of this secuan. (
l j
PART 70 e DOMEST1C LICENSING OF SPECIAL NUCLEAR MATERIAL M l
i (11) " Ultimate product" means any (vi) Requirements for authortzed sig.
special nuclear matenal in the form of k procecures until the Commtssion na:. ores on each document for transfer tennmittes the license that authonzes o product that would not be further % possesmon of the matenal and retam of special nuclear matenal between processed at that licensed location. E material balance areas: r.nd 0 (12) " Unopened receipts" means re [ anypmcedures superseded for portico of the three years after the l gc;tpts not opened by the licensee in ; pornonis superseded. " # * ""*'*#
l cluding receipts of sealed sources, and L- **"'8-l f receipts opened only for sampling and ~ (d) Except as required by paragraph (2) On or before May 6.1974, and g subsequently maintained under (e) of this section, each licensee who is thereafter as necessary to comply with Ltamper safing. authorized to possess at any one time the requirements of paragraph (e)(3) g- (b) Licensees suhiect to the 7 and location specid nuclear material of this section, perform a physical in-
$ In a quantity totaling more than 350 ventory of all special nuclear material
- recordkeepmg requirements of Il 74.31 " grams of contained uranium-235 tira- in his possession in compliance with o End 74.59 of this chapter are exempt f nium 233 or plutonium, or any combi, the enterta for physical inventories set a from the requirements of i 70.51(b)(1) forth in paragraph (f) of this section-
. ~ througn (5). $ nation thereof, shall conduct a physi-cal inventory of all special nuclear ma- (3) Conduct physical inventories T.f)therwise: teria.1 in his possession under license at made in accordance with the criteria (1) Each lleensee shall keep re. _ intervals not to exceed twelve months. for physical inventories set forth in paragraph (f) of this section at inter-c rds showing the receipt. Inventory -
(including location). disposal, acquist- (e) Each licensee who is authonzed to vals determined from the start of the tiin, and transfer of all speciti nuclear possess at any one time special nuclear besmning inventory to the start of the matenalin a quantity exceedmg one ending inventory not to exceed:
materialin his possession regardless of effective kilogram of strategic special (1) 2 calendar monthz for plutonium
,its origin or method of acquisition. except for plutonium containing 80 nuclear matenal in irradiated fuel
' o-
~ (2) Each record that is aquired by the l; repr cessms operations or special reguranons m ttns part or by liceme g ".uc ear matenal of moderate strategic
{' 8 3tht of ,t e d to use su p al nium enriched 20 percent or more in concation must be mamtamed and ; sl a n enago,, the isotope uranium 235 (except as retamed for the penod specified by the
, , ean pr vided in paragraph (e)(3)(11) of this rppropnate regulataon or liemnas a' as sealed sources or those actmties section); and candican.If a retenbon penod is not * ** IV'd I" O' P'f8ti " I 8 58CI'8' (11) 6 calendar months for uranium cthermec spec Sed by regulation or macw heensed pursuant to Pan 50 of is chapter r those invoked in a waste enriched less than 20 percent in the license condition, the licenses shall isotope uranium 235: for plutonium.
di8P sal peration: or as reactor U-233 and high-enriched uranium in retam the reconi until the Comm'amon termmates eachlicense that authnntes irradiated fuels involved m research. O that portion of an irradiated fuel re-development, and evaluation programs 8 processing plant from the dissolver to the a nty bt is a4'ett to tl4 in facilities other than arradiated fuel rm eepmg reparement.
reprocessing plants. shall: " the first vessel outside of the radiation (3) Each record of receipt. acquisition. "" f shielded portion of the process; and er physical mventory of special nuclear R for plutonium containing 80 percent 1 hiaintain procedures thatinclude mitenal that must be mamtamed ,f lie(m)e listed in parag*zphs (e)(1)(i), or more 238:
(ii).by weight of the isotope Pu-pursuant tc paragraph (blill of this 2 (iii),(iv). (v) (vi), and (vil) of this section (4) Within 30 calendar days after the arction must be retained as long as the E and retam each record required in thess start of er . ending physical inven-bcensee retams possession of the #; paragraphs for three years after the tory requirM by paragraph (e)(3) of
, m:tenal and for three years followmg *g,,,recordis made. this section:
- f, tr
- nsfer of such matenal. (1) Calculate, for the material bal-S (4) [ Deleted 43 FR 6915.)
(1) Procedures for tamper safing con- ance interval terminated by that in-a tainers or vaults containing special nu- ventory, the material unaccounted for clear material not in process, which in- (MUF) and its associated limit of error 2 nu(clear matenal to other persons, must5) Eachorrecord clude control access ofto transfer the devices of special for each element and the fissile iso-be ntained by the licensee who and records of the date and time of ap- tope for uranium contained in materi-tr nsferred the material until the g p11 cation of each device to a container alin process:
Camission termmates the license e or w. ult: unique identification of each (11) Reconcile and adjust the book cuthonzmg the licensee's possession of I such item: inventory records showing record of quantity of element and fis-the matenal.Each record required by a the identity. location, and quantity of sile isotope, as appropriate, to the re-aragraph (e)(1)(vj oI thie section must special nuclear material for all such sults of the physicalinventory; e retained for three years afterit is items; and records of the source and (iii) Complete and maintain for a m de. --
disposition of all such items; period of five years material balance (8) Each record of disposal of special r* cords for each material balance (ii) Records of the quantitles of spe- showing the Quantity of element and nuclear material must be retamed until the Commission termmstes each ncense cial nuclear material added to or re- fissile isotope, as appropriate in each moved from the process: component of the material balance, that authonzes the activity that is (!!!) Inventory records for the quan-subiect to the recordkeepmg with the associated limit of error for tity of special nuclear materialin proc- the material unaccounted for both in requirement, ess: terms of absolute qua.ntity of element (c) Each hcensee who is authonzed to ; (iv) Un!Que identification of items or and fissile isotope and relative to addi-possess at any one time special nuclear g containers containing special nuclear tions to or removals from material in mitenal m a quantity exceedmg one " material in process: inventory records process for the interval, where results eff1ctive kilogram of special nuciear g showing the identity, location, and of ilmit of error calculations are re-metenal shall estabbsh. mamtam, and R quantity of special nudear matenal corded in sufficient detail to permit an fullow wntten matenal control and for all such items: and records of the eva.luation of sources of error-eccountmg procedures that are source and disposition of all such (iv) Complete and maintam for a items; sufficient to enable the bcensee to period of five years a record summartz.
a .s ers ing the wanes of element and M.
- c. ccount for the special nuclear matenal special nuclear matertal between mate-m the hcensee a possession ur. der site isonpe, as appropriate, for ending rial balance areas to show identsty and inventory of material in process, addi-hcense. The hcensee shall retam these Quantity of specto.1 nuclear matenal tions to material in process during the transferred: material balance interval and removals April 28,1989 (reset) 70-20
PART 70 e DOMESTIC LICENSING OF SPECIAL NUCLEAR f om the material in process during e matenal balance interval; and (!) That he has made reasonable ef-forts and cannot meet the limits of element and fissile isotope by remes-De od of i e cars r rd m artz ermr of MUF specified in paragraph surement.
ing the quantitles of element and fis- f eX5) of this section; and (4) Conduct physical inventories sc.
site isotope, as approi>riat.e. in unopen.
ed recetets (including receipts opened (11) That he has initiated or will ini- cordin; to wntten inventory instruc-tions for each inventory which shall; tlate a program to achieve improve-
- only for sampling and subsequently ments in his material control system (D Assign inventory duties and re-maintained under tamper safing), and sponstouities:
- ' nitimate products maintained under so as to meet the limita specified in paragraph (e)(5) of this section. (11) Specify the extent to which each tamper stfing, or in the form of scaled (f) Each licensee subject to the re. Insterial balance s.rea and procea is to sources
- be shut down, cleaned out and/or (5) Establish and maintain a system qutrements of paragraph (e) of this remain static:
of control and accountability such section snall:
(1) Establish physical inventory pro, (iii) Identify the basis for accepting previously that the limits of
- error for any matert. made measurements and cedures to assure that: theirlimits of error; al unaccounted for (MUF) ascertained (O The C.tantity of special nuclear as a result of the material balances (iv) Designate measurements to be nisde pursuant to paragraph (eX3) of materia.1 associated with each item on made for inventory purposes and the ,
this section do not exceed (t) 200 inventory is a measured value: procedures for making such meas-grams of plutonium or uranium 233, til) Each item on inventory is listed uremerits: and 300 grams of high enriched uranium and identt!!ed to a.ssure that allitems (v) Identify the means by which ma-or uranium 23$ contained in high en- more are listed and that no item is listed t; (nan once; on in u e s riched uran 1W or 9.000 grams of ura- , ggg (iii) Cutoff nium 235 conained in low em@ed and processing are established so that 'eprocedures for transfers g and that there is no dup!! cation.
uranium. (11) those limits soectfiat an (g) Each licensee subject to the re- {
J the followmg table. or (111) other limits authorized by the Commission pursu- are all mventorted auantities are more thanmventoned once: and none q section shall sub ant to paragraph (eH6) of this section: (lv) Cutoff procedures ior records Energy Commtssion for approval by 4
and reports are established so that all March 6.1974, a fuit description of the transfers for the inventory and mate
- program intended to be used to enable
, w per a rial balance interval and no others are the licensee to comply with that pars included in the records; and graph and the requirements set forth u==w hee %O J (v) in paragraph (f) of this section. 'Dtis 1 , tory, au book and inventory records,Upon program completion of thebyinven-shall be followed the H-ai 6 O ease % both total plant and material balance cent.ee s.f ter May 6.1974.
M- ~-
g a.rea, are reconciled with and s.djusted th) Each licensee who determines A to the physical inventory. that the requirements of paragnph em -. 2 (2) Establish inventory procedures (e) of this section will require modif!-
un== ==-=,e,ne .e - -
for scaled sources and containers or cations of his plant or equipment cost-is e a .or* ing 8500.000 or more may. by March 6.
P**
'# vaults containing special nuclear ma,te-Y"*"' ** *. "Ye Tlal that provide for: 1974, apply to the Atomic Eperty esamen ".M (O items; Identification and location of au Commission for an extension of time.
6-"'""'*"""*""*'""'"
o.s such not to exceed six additional months (10 Verti1 cation of the integrity of for compliance with those require-the tamper.safing devices for such ments. Each application for extension a mN~wnwis"wI, " " '*"" ""' "" items; shall include a desertation of the modifications to be made, a statement s Any licensee subject to this paragraph (til) Reverification of identMr and of estimated associated costa with sub-quantity of contained special nuclear stantiating evidence, s.nd a schedule of on December 6.1973. who requests material for each item not tamper-higher Hmits pursuant to paragraph ca. fed. or whose tamper.safing ta found sbe thecommenced dates whenand thecompleted.
Inodifications we (eX6) aof this section at the time he " **""* .
- ~
submr the his program description under " ' (I)(1) Records which must be se avtsions of paragraph (g) of this th e y reco of d ti y and mamtained pursatnt to this part may be r a sa hereby authortaed to operate !,,,,loct t. ion for au such items; and the ongsnalor a mproduced copy w
'ior higher ilmits pntu the 11 cense or amendment has applicar f (v)Documentstionin comphance with microform ilsuch reprodumd copy or
. finally determined by the Corn *% the requirements of paragraphs (f)(2)(i). microfann is duly authenticated by a '810A; authodzed personnel and the microform e record documen)tmg comphance S is capablewith(11).
of producmg (iii).a and (iv of this clear and se (6) An applicant or A licensee suoject
- these regture
~g legible copy after storage for the period to the requirements of partgraph ments must be retained for of this section may request limits te) p, three years afteritis made. I The specifieri by Comnussion regulations.
recom may also be stored in higher than those specified in para ,;.
graph (eX5) of 'this section. The re- (3) Establish inventory procedures 1 electrome mecia with the capability for Quested higher 11mlia shall be based on . that ior special nuclear material in process producing legible. accurate. and provide for: con'elete records dunne the reoutred considerations such as the type and k retention penod. Recorcs such as letters.
complexity of process, the number of 7. previously measured by the 11censee(D drawmgs. specifications. must Measurement include unit operations, quantitles, process process recycle throughput quantities, u ?, for element and fissile isotope; and information such as stamps.
all pertment initials. and signatures. Tbc hcensee plicable to the control and accounting as.nd the technology shall availaole memtam adequate andsafeguards ap-; element an of the ma.terial in the process. The previously measured by the licensee spamst tempennF witn and loss of Commission win approve higher !!mits but for wntch the validity of such pre. #d' if the applicant demonstrates: viously made measurements has not been assured by tamper-safing, vertfi. "No proceu shutdown arnd/or etesnout for cation of the quantity of contamed Invemory is reautred if reculturnents with respect to MITF and the Almit of error of
}4UP ta spect!!ed in parmeraph feX4X!!! of
((mTULM
b 70.S h i) PART 70 e DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL 70.55(ci (2) If there is a conflict between the . [9 70.55 Inspections.
Commission's regulations in this part ! reo(b)Each ht.ensee subiect to the o license condition, or other written e utremerus c4 i 70Rici shall follow (a) Each Hanse snaH aHoM to the
? Commission at all reasonable times op-Commission approval or authorir.ation * = portunity to inspect special nuclear 8 pertaining to the retention period for {,,#* O' N'[T**" P" #"
- N 7 maternal and the premises and facili-
@ t.he same type of record, the retention _ ** tles wherein special nuclear material is e period specified in the egulations in
- this part f 3r such records shall apply IM heleer msmtet erswer reports. Lu=eo aroa=cea or =torea.
- unless the Commission, pursuant to (a) Each licenses who transfers and 170.14. has granted a specific exemp- each licensee who recorves special ~f (b) ble Each to the licensee shallformake Commission avatta.
inspection.
tion from the record ret.entic.a require , nuclear matenal shall fo!!ow tLe $ upon reasonable notice. records kept ments specified in the regulations in 7; requirements set out in i 74.15(a)and (b) z by the licensee pertatning to his re-
_this part. a of this chapter.
- ceipt. possession. use, acquisition.
E (b) Any licensee whois required to
- import. export, or transfer of special f 70.52 Reports of accedentalcritica16ty or g submit inventory change reports on nuclear matertal.
noss or thert or attemoted theft of special DOE /NRC Form-741 pursuant to I 75.34 nuciear masenat.
of this chapter shall fo!!ow the (ex1) In the case of fuel cycle facili-(a} Each licensee shall notify the NRC requirements set out in i 74.15(c) of this Operations Center & within one hour ties where nuclear reactor fuel is fabrt-chapter. cated or processed each Ilcensee shall after discovery of any case of accidental enticality or any loss. other than normal upon reauest by the Director. Office of Nucle _srJtaterial Safety and operatir g loss. of special nuclear matenal. Safeguards or the appropriate NRC (bl Each licensee who posesses one Regional Admimstrator pro-gram or more of contained uraruum 235. vide rent free office space for the ex-uramum 233, or plutomum shall nottfy clusive use of Commission inspecison the NRC Operations Center withm one personnel. Heat. air conditioning, hour after discovery of any loss or theft light. electrical outlets and lanitorial services shall be furnished by each 11-or unlawful diversion of special nuclear censee. The offite shall be convement matenal which the licensee is licensed to and have full access to the facility to possess or any incident m which an and, shall prostde the inspector both atterrpt han been made or is beliesed to visual and acoustic privacy.
hate been made to comrnit a theft or (2) For a site with a smgle fuel facili-
- unlawful diversion of such matenal. ty licensed pursuant to Part 70. the w
- .a space provided shall be adeauste to ac-(c) This notification must be made to g the NRC Operations Center via the ;;; commodate a full-time inspector, a a part time secretary and transient NRC
= Emergency Notification System if the
'" licensee is party to that system. lf the ' personnel and will be generally com-Emergency Notification System is 2 mensurate with other office facilities at the site. A space of 250 square feet inoperative or unavailable the licensee either within the site's office complex shall make the required r otifics.tior, via or in an office trailer or ether on site commercial telephonic semce or other space is suggested as a guide. For sites dedicated telephome systerrn or any containing multiple fuel facilities, ad.
other method that will ensure that a ditional space may be recuested to ac-report is received by the NRC commodate additional full. time Operations Center within one hour.The inspectons). De ouice space that b c Aemption of 5 73.21(g}!3) applies to all provided shall be subject to the *.p-telephonic reports required by this proval of the Directcr. Office of section. Nuclear Material Safety and (d) Reports required under i 73.71 Safeguards or the appropnate NRC need not be duplicated under the Regional Admmistrator All furm-ttire. supp4es and communication
_ requirements cJihis section. equipment will be furnished by the 7 MLAs Immeerts seness reports.
Commission.
(a) (1) Each lictname who is authorised 12 possess at any one time end locataan "-"
' spet:tal nuclear material in a quantity totaling more than 350 grams of contained uranium-235 arensan>233 or
- plutonium. or any combmetion thereof.
shall complete and anbrnit matanal i balance reports as required by
- l 74.13(a)(1) of this chwpter.
o
{2) Any licensee who is rs,qwsed to submit routme saatanal status reports pursuant to 6 75.35 cf this chapter shall r-follow the requirements set out in R (3)The licensee shall afford any NRC
, 174.13fa)f2)of tidachapter. g resident inspector assigned to that site g or other NRC inspectors identified by this section are met using other inventory , the Regional Admimstrator or the
- metnoas.
I 'f Director. Office of Nuclear Material
- Commncialieterhone numher of 6 NRC Operat ons cemet es (J01) 951-0$$0.
April 28.1989 (reset) 70 22 E__ _ __ . .. .
Safety and Safeeuards. as likely to PART 70 e DOMESTIC LICENSING OF SPECIAL NUCL (8) "Calibrauon" means the process inspect the facility. immediate unfettered access equivalent to access y of determining the numencal relation. each record of a review or an audit for a ship between the observed output of a three years after the record is mana.
R provided regular plant employees, 3 followmg proper ident fication and g measurement system and the value, (3)The beensee shall ensure that any E compliance wath applicable access a based upon nfmnce standards. cf the person who contracts to perform Leharactenstics being measured. materials control and accountmg g controlmeasures for secunty. -
radiologicalprotectmn and personal measurement services conforms with
- ** I' - b o a applicable requirements of paragraphs s
. any one time and location strategic this section. Conformanc)e mus special nuclear matenal, or special mpmung by the connacta d sumcknt 8M6 Tests. nuclear ma.enal of modarste strategic error data to allow the licenses to Each licensee shall perform, or sigruficance, m a quanuty exceedmg one calculate bias correenons and permit the Commission to perfortn. affective kilogram and to use such measumment hmits of errmM such tests as the Commtssion deems specialnuci tarmaternalfor activities statistical studies must be reported or
- approonste or necessary ior the ad- other than wosa mvolved in the nimnces in the measment. ant report
- ministration of the regulations in this operanon of a nuclear matter hcensed submitted to the licensee, who shall
, part including tests of (a) special nu-pursuant to Part 50 of this chapter, those have sc:ess to the contractor's
. clear material. (b) facilities wherein involved in a waste disposal operanon. supportmg control data. The licensee
- special nuclear maternal is utilized.
produced or stored. (c) radiation detec. or as sealed sources. shall establish and shall perform reviews to determme the tion and monitoring instruments, and mamtain a measurement control ,
program for special nuclear materials and audsta to venfy conformance with '
in connection with the production, ** utt.td) other cautoment andalldevicessapects of used e control the program. Reviews andand acc sudits must be performed at intervals 11tation or storage of spectal nuetear matenal. idenufied and { Each assmned program in the licenseefunctionmotmust to e be !
C . orgamzanon m accordatice with g
,ews a d audi s ni st be do 8 70.57 n ed a i 70.58(b 2 and funcnonal 2 and reported to beensee special Weaurement nuclear matenacontrol s e contmlpmgram and for
- orgamzau)(on),al relationsh2ps must be 9etmanagement accousung. - The hcensee shall retatn the record c.
forth in wntma m accordance with g the results of the hcensee review and I 70.58(b)(3).The program must be (a) As used in this secttun: al audit of the contractm's program fa tD " Measurement" includes sam- descnbad the.
in a manual which contains procedures. matructions. and forms three years after the recordis made.
pling and means the determination of (4)In order to ensure that potential mass, volume, quantity, composition or prepared to meet the requirements of sources of samphng enor are identified other prt'perty of a material where this paragropix,includingpmpedums for and that samples are representative, such determinations are used for spe. the preparation. review, esproval and process and engmeenng tests mort be cial nuclear mate prompt dissammation of any program connungpuroesearial control and ac* modifications or changes. no hcensee Perfonned using well characterized (2) Measurement system" means all materials to establish or to verify the shallretain the current pmtram as a
- Applicability of existmg fan for me ts d l recorduntilthe r%mmu sma tem 2 mates u u ' in 'p the license authorinns possession of the sampling special nuclear materials and formma(3) a measurement. for maintainmg sample integdty during cuclear materials.The bcensee's transport and storsge. no hcensee shall
" Reference star 4dard" means a p material, device, or instrument whose -_ mgram shallinclude the fr.llowmg: record the results of the above process assigned value is known relative to na.
tional attadards or nationally accipt. sibility (D The licensee shall assign respon. and engineenng tests and shallmamtsm ed measurement systems, Ior planning, developing, co- those results as a tecord for as long as
- that sampling systems is in oss and for (4) " Traceability" ineans the ability . gram to an individual in t iordinatang, r s organtrA-three andfollowntg years admmistering the the last each pro.
usa.
The program must onsure that such
@ sulta to nauensJ standards or national. cl for the operation of the ana r ly accepted measurement procedures are mamtained and systems e orstory or for the proces. sing o.! mate- followed, and that sampling is included S
- parucins.
through an unbrokett chain of com. "I irial, holds a positionin the at pmcedures an organtrA*for esumatmg biases.
(5) "Randorn error" refers to the t onal level which will permit ' limits for systematac errors, and random variation encountered in all measure. independence of action and objectivity " error vanances.
ment work. characterized by the all the informauon required to moni-of * (5) Thedecision andinclude program shall has authority provi. to tandorn occurrence of both positive and negativt deviations from a mean tor and evaluate measurement QtalitY tions for the revilew ' and approval, value. ,,as required by this section. before use. of written procedures for:
(6) A "systemaue trror" is a con. . d) Prepanng or acquiring maintaln.
starp . ing, storing and using reference stand.
nidirectiof:al component of (2) Provisions must be made for 8 ards, management reviews to detennma the errorset:
data that af.fects all members of a adequacy of the program and to assess il 60 Callbratmg measurement sys-its value can, in some in-stances, be estimated by the deviation the apphcability of current procedures e tems, performing bulk measurernents, and for planned audits to venfy ' obtaining samples, and perfrming of from the a reference mean of a measurernent value. A systematic process W conformance withSall aspects analyses.
compositional of the <
MID Recording, analysirit s.nd report- l program. These reviewo and sudits must error os whose value has been deter. ; be performed at intervalsing notthetoprog' and exceed ram data and information, i tc corre fu 12 montht. Audits and reviews must be (7) " Uncertainty" is the exte'nt to 2 performed by tratned individuals dv) Contro!!!ng measurement per-which u formance, a measurement result is in indepencer.1 of direct responsibihty for doubt because of the effecta of the receipt custony. utihrst on. (6) To ensule the Pdeqttacy of ench rancom error variances and the !!mita e of systematte er" ors associated with a measurement. measurement quahry, and = measurement system with respect to measurement process, after the meas- shipment of specisinucitarsnatens!. 3 process flown. samphng and urements bias. result has been corrected for The results of reviews and suit s mus. i measurement pomts, and nommal be recorded ano reported to hcensee ; material compositions, engmeerms l management. The beensee shall retam analyses and evaluations must be made
70.57(b i 70.58 %
PART 70 e DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL of the design. installation. bined provided that the parameter es.
~
(c) Applicants and licensees subject preoperational tests. calibration. and the timates based on the current set of to the provtstons ci paragraph tb) of operation of each system.These data and the previous set of data are this section shall submit to the Com-analyses and evainstaone must ce not significantly different on the basis mission for approvat a detailed plan repeated wnenever a stgmiscant channe of appropriate statistical tests per- descnbing the program that will be is mooe in any component of a system, formed at a level of significance of used to comply with said provisions.
The hcenset shab record the resuits of P.05. The plan submitted shall include the inese unsivses anc evaa.stura ano - (10) The licensee shall evaluate with identification of those measurements retam tnese records for tnrr, years af ter j appr priate statistical methods all to be contracted and shall desertbe the the ide of the process or eqvipmem. n program data and information, and steps the licensee shall take to assure (71 Proceoures and penormance c: relevant process data used to establish the ad cntans must be established for the " bias corrections and their associated 5 censee'ecuacy of such s plans shall procedures.
be submitted Li.
on or trauuna. qualifymg. and penodic $ uncertainties. random error variances. ;:1 before November 11.1975.
limits for systematic error. and other e (d) Licensees subject to the provi-requaufytng of all personnel who pertorm samplms and measurements Ior parameters pertaining to special nucle
- sions of paragraph tb) of this section matenals control and accountmg ar materials control and accounting ? shall follow the plans submitted pur-measurements and to control mes- suant to paragraph (c) of this section purposes. The licensee shall retam as a surement performance pursuant to after May 11,1916. or thirty days after record the results 6f personnel ! 70.58(f). Bias corrections shall be g quahficauon or requalification for three the submitted plan is approved by the made by an appropriate statistical pro- 1rtC whichever is later. Aft.er May 11
- years after the record is made. cedure. ? * 'S. an applicant subject to the provi-
- ~
(8) The program must generate current was of paragraph (b) of this section
$ data on the perfonnance of messunng - Mi)The hcensee shall establish and shallimmediately implement his plan.
O processes includmg. as appropnate, mamtam a stataancal control system. submitted pursuant to paragraph (c) values for bias correenons and their inchtdmg control charts and formal of this section. iollowmg incorporation uncertamnes. random error vanances. stansucal proceaures.desianed to _of said plan as a condition of license.
limits for systemanc errors, and other momtar the quality of eacn type of parameters needed to establish the progmm measurement. The hcensee _f 7o.58 Fundamemas nuctear matenal uncenainty of measurements pertauung shall retam a copy of the current cometa.
to matenais control and accouanryt. The stansucrd control system as a reconi (a) Each licensee who is authorized to proFram data must reflect the current until the Comanassion tennmates each possess at any one tima ar.J location process and measurement condition license that authonzes possession of the strategic special nuclear matenal in existmg at the tune tee control matenalthat the system affects and irradiated fuel reprocessing operations measurements are mada.The bcensee shallretam copies of such eystem or special nuclear materid of moderate shall record this data and retain this dosunents for previous mventory strategic sigmficance in a quantity record for three years after the record is penods as a trocord for three years after exceeding one effective kilogram. and ta made. Measurements which are not they are'mplaced, use such special nuclear material except controlled by tne proFram may not be (ii) Control chartlimits must be lll for sealed sources and those uses used for matenrls control or for established to be eqmvalent to levels of 8 involved in the operation of a nuclear accountmg purposes. The program must sigmficance of 045 and 0.001. Whenever ," reactor h,eensed pursuant to Part 50 of include controldata exceed the 025 control u. this chapter and those involved in a linuts, the licensee shallinvesugate the = waste disposal operation. shall (1) The ongoing use of standards for , condit!on and take corrective action in a establish. mamtam, and follow wntten calibration and control of all applica- I timely manner.The licensee shall record matenal control and accountmg ble measurement systems. Calibrations ! the results of these invesuganons and procedures m compliance with the shall be repeated whenever any sig. a as.nons and retain eacn record for three fundamental nuclear material control nificant change occurs in a measure. "
ment system or when program data. "; years after the recordis made, requirements specified in paragraphs (b) generated by testa performed at a pre. Whenever the controldata exceed the thmugh (k) of this section and such determined frequency, indicate a need 0.001 contmilhnita, the measurement other controls as the Commission for recalibration. Calibrations and system that getterated the data must not determmes to 'ee essential for the contml of and accounting for special I
l tests shall be br. sed upon reference be used for matenal contml and standards. accountmg purposes until the deficiency _m ciear matens[.
- (11) A system of control mes.s. has been corrected and tne system has - (b) (1) The overall planning, coorat.
I urements to provide current data ior been brougnt into controi at tne 0.05 the determmation of rancom error be. controllevel. nation. and administration of the ma.
8 havior. On a predetermined schedule. terial control and accounting func.
p21 The bcensee shall pmvide 6 tioins for special nuclear materials 2 the system shall include the replicate recoros system m which all cain.
e analysis of process samples. the repii. shall be vested in a single individual at informauon. reports. sno cucumenn s,n organizational level sufficient to
- cate weight or volume measurement of Fenerated by the me s uurement control
, bulk quantities of material, and the assure independence of action and ob.
analysis of replicate process sarnples. pmgram must he retained for tnree jectiveness of decisions. In manufac.
(9) The program data gerierated veart Records trust include a summary o turing organizations. such individual during the current materft.1 balance of the error data utilizedin the limit of' !E shall be independent of individuals or error calculations performed for each 2 units that are solely responsible for period chail be used for the dttermina . e production functions.
tion of the limit of error of the plant matenal balt nce penod. Tne records
- l material balance. Measurement error system must be orpamred for efitcient (2) Matertal control and accounting data collected and used during imme. retneV81 ol proFram inf orma tion. Erch g functions shall be identified and as.
diately preceding material balance pe. reported resuit must be reedtry relatable signed in the licensee organization to provide a separation of functions so riods may be combmed ivith current t0 the ongmai measurement data and to data provided that the measurements all relevant measurement contrm that the activities of one individual or organizational unit serve as controls are in statistical control i.e., when re. information. mcludmg pentnent prated samples from the portior: of over and checks of the activities of cabbration data. Recorcs must be other individuals or organizational the measurement system under test available for NRC mspectwn. anits.
behave as random samples from a stable probability distribution. Under - ~ [ Note removed 49 FR 19623]
such conditions. data sets may be com.
April 28,1989 (reset) 70-24
l j
(3) Matenal contml ano accountmgPART 70 e DOMESTIC LICENSING OF SP funcuonal and orsamrational the validity of which shall be assured by tamper-safin specified in I 70.51(el(1) ano retam any relationshros must be set forth in wntmg ,,, sealed sources. g unless the items are recore associated with the proceantes in lob descnotions. orgamzauonal -
directrves.tnstrurnons proceaure for six months af ter tne record as trace-(e) A system must be estabhshed. (i) Procedures for specialnuclear manusia. etc. This oocuments tion must mamtamed. and followed for the matsnal scrap comrolmun be g include positon quahfication ,,,,,,,,,,,,og gg ,p ,c1,g ,,cg,,,
- requiremems and definitions of , established. mamtsined, and followed to matenal received. produced. or ; limit the accumuistion and the e authonties. responsibilities.and duties. .
j e Delegations of matenal contml and transferred between MBAs. transferred ! uncanninty of rueesumment d thue from MBAs to ICAs. on mventory, or g matenels ontavemory.The beensee g accounnne responsibilities and Wppd ducaMd or othm t s a shall retam a copy of the carrent ;
- Ecensee shallr t iauthonty must be in wntmg.
removed The and for the from mventory a procedmes as a record tmtil the i e a n this documentation determmation of the hmit of error as a record until the Commissirin Conunission temunstes each heenw associated with each such measured that audionzu se acuvay &aus terminates each licanae that authorizesquanary except Ior plutomxm-berylhum suWo the steerdat d pedums the actrvity that la subject to retention of '
P '
the documan'stion. and if any pornon of de en mM by od and.If anyparoonof thepmcedumsis the documentation is superseded, retam
> ab superseded.retam the superseded the superseded matenal for three years less than M m m Ua or plu Pornon for three years attereach
-aher each change. fuetomum each: and reactor trradasted _ change.Such procedures mustinclude:
~ ~
2 involved a research. development. -
and evaluation programs an facihties (1) Identification end clasatfication established, matntained, and followed(c) A management system shall be of special o otntrinan nuclear matertal scramarradiateo t to provide for the development. reyt g plants. Tam system must be oesenbed in (2) Regular processing and recovery sion, implements.t'on. and - wnting ano provide f or suff.cierit of scrap so that no item of such scrap enforce- f measurements to sucstantine tra generated in the licensee's plant mess-ment of procedures.
accounting nuclear matertal The systemcontrol and a cummiues of element uredano withavanmDt uncertainty of greater shallinclude: ' measured and the associstcc limitt of 8 than 210 percent remains on inven-(1) Provtsions for wntten approval error. The ! censee snah recoro tne 2 tory longer than six montns when of such procedures 'and any revtstons required measurements and associated " such scrap contains plutontum. U-233 thereto by the Individual with overall hmits ol error and ahall retam any f or uranium ennched 20 percent or responsibility for the material control reewd assocuted with this system for 3 more in the isotope U 235 or twelve s nd accounting function and by licens- three years after the record d made, months when such scrap cuntains ura.
ee plant management. nium enriched less than 20 percent in (f) A proFram must be established.
(2) Provision for a review at least , the isotope U-235 or plutentum con.
every 12 months of the nuclear mate. mamtamed. and followed pursuant to taining 80 percent or more by wetsht 170.57(b) for the continums o rial corrtrol systeem by individuals inde. , .f the isotope Pu-238.
pendent of both nuc! car material con- determmanon and control of the trol management and personnel who systemanc and cmoom errors of be[1] Physical inventory procedures must have direct responsibility for.the re- measurement processes at a level established.mamtained and ceipt. custody, utilization measure- commensurate with the requirements of followed so that special nuclear material ment, measurement quality, and ship
- g 70.511e)15). The licensee shah retem hat.w. and thalt measurement
$ ment of nuclear material Such a each completed record reputred by the uncertamtses can be determtned on the 0 review shall include a review and audit program for three years aher the record basis of measurement in ~9*=
f procedures and practices and an audit" of material control and witLaccourting
.he matenal balance and Inventory
~is made, requtmments,and crfierta specified 'n q of the nuclear material records. The (g) Procedures shall be established, l ?O.51.The hcansee shall retatn a copy results of the review and audit along maintained. and followed to: o cunenpude as a M with recommendations for improve- (1) Assure accurate identification tnents, shall be documented, reported and measurement of the quantities of . license until the Commission termmates each that authortzes the ac tytty that to the licensee's corporate and pitut special nuclear material received and g is subject to the retention of pmoedures management, s.nd kept sLvallable at the shipped by a !!censee:
plant for inspection for a period of g and if any pedon of the procedums is
!!ve years. (2) Review and evaluate shipper-re -' superseded. retain the superseded ceiver differences on an individtsal E portionfathme yearsansresch container or lot, basta, t.s appropriate.1; changa.
(d) Material Balance A*eas (MBA) or 8 on pment a shi basis, and ca a cumula- .
Item Control Areas (ICA) shall be es R tive basis for shipments tive control of nuclear matorit!.tablished for physical and administra " rnaterfal:
(k) A system ofofIlke type records and repons must be established, maintamed, and (1) Each MBA shall be an identif! 6 (3) Take appropriate investigst.tve followed that will provide informatmn able 0I physteal tres such that the quan e and corrective action to reconcile ship- sufhcient to locate special nuclear
"" i " per receiver differences that are statis- matenal and to close a measured
,, ,ut of t e t cally significant at the 95 percent by a measured value determined pur- cun!!dence level except those ship
- rnatetial balance around each matenal t,alance area and the total plact, as suant to paragraph (e) of this section.
(2) The nurnber of MBAs shall be ments which involve differences of 50 specified in l 70.51. As required by grams or less of U-235. U-233, or plu- l 70.51. the licensee shall retam the sufficient to localize nuclear matettal tonium: and losses records associated with this system for thefts and identify the 4 in .t gg ,ene[e three vears af ter the records are made.
a vesti This s'ystem must melude:
(3) The custody of all nuclear mate. tions, and corrective actions on file at w ritt within any MBA or ICA shall be the responsibility of a single designat. ' the plant for_aperiod of five yetm. (1) A centrt!! zed accounting system ed individual. [h) A system of storage and intemal , employing double entry bookkeeping:
g (2) Subsidiary tecounts for each ma-ing(4) ICAs shall be established accord-;; maintamed , and follow e o provide
- area; teriald thandhng balance areacontrols must and item control be esta a
except that control into and out of *to the same criteria as MBAs I current u. kncwledee of the idennte, (3) Records perttrmit to the require-such areas shall be by item identity
- quantity, andlocation of all speciaj g m ntso l Sl and count for previously determined {/; nuclear material contained withm a )p e d re I special nuclear material Quantitles. plant m discrete iteme end contumers. he reconciliation of subsidiary accound to control ac.
The hcensee shall include pmcedures as counts at the end of each accounting period; and STMU
70.62f d ) .
PART 70 0 DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL (5) Procedures for reconctitation of '
control and subsidiary accounts to the (b) Any license may be revoked, sus.
results of physicalinventories. penoed or modified for any maternal {
(1) Each licensee subject to the re- false statements in the application or outrements of this section shall submit any statement of fact requtred u:" der g by January 24,1975, a full description section 182 of the Act or because of
- of his program for control of and ac" conditions revealed by such applica.
counting for special nuclear matertal tion or statement of fact or any ,
2 in his possession under lictnse to show
- report, record, or inspection or other !
I how compliance with th;. requirements means which would warrant the Com-
' of this section, except for paragraph [ mission to refuse to grant a license on (f) will be accomplished. This pro- an origtns.1 application, or for failure gram shall be followed by the licensee ; to construct or operate a facility in ac-after July 24,1975. or sixty days after cordance with the terms of the con-the program is approved by the NRC. struction permit or license, the techni-
, whichever is tne later. cal specifications in the application, or r- .
6 570.59 Effluent monitoring reporting re- for violation of or failure to observe any of the terms and conditions of the 2 quirements. Act, or of any regulation of the Com-2 (a) Each licentre authorizet ;o pos- ,Jntssion.
G: sess and use special nuclear maternal
' for processing and fuel fabrication. (c) Upon revocation, suspension or O scrap recovery or converston of urani. modification of a license, the Commis-m rexafluoride. shall: stor,. may immediately retake posses-
~
sion of all special nuclear material (1) Submit a report to the appropri. held by the licensee. In cases found by ate NRC Regional Office snown in Ap- o the Commission to be of extreme im-pendix D of Part 20 of this chapter. O portance to the national defense or te-with copies to the Director. Office of : curity, or to the health and safety of Nuclear MatenafSafety and Safeguards the public, the Commission may recap-a
' ture any special nuclear material held U.S. Nuclear Regulatory Commission. Washington.
- by the licensee prior to any of the pro-D.C. 20555. within 60 days after Janu. a cedures provided under section 551-ary 1.1576, and July 1.1976. and 558 of title 5 of the United S%tes within 60 days after January 1 and Code.
July 1 of each year thereafter, specify- -
- ing the quantity of each of the princi.
3 pal radionuclides released to unres-A tricted areas in liquid and gaseous ef. ~
(d) Except in cases of willfulness or g fluents during the previous six months those in which the public health. in-
. of operation, and such other informa-a tion as the Commission may require t terest or safety requires otherwise, no estimate maximum potential annual Ilcense shall be modified. suspended or radiation doses to the public resulting revoked unless. prior to the institution from effluent releases. If quarititles of of proceedings therefor, facts or con.
radioactive materials released during duct which may warrant such action the reporting periods are significantly shall have been called to the attention above the licensee a design objectives of the licensee in writing and the 11 previously reviewed as part of the 11- censee shall have been accorded op-censing action. the report shall cover Portunity to demonstrate or achieve this specifically. On the basis of such compilance with all lawful require-reports and any additional informa. m u ts.
tion the Commission may obtain from the licensee or others, the Commission 3 may from time to time require the 11-
- g 70.62 Suspension and operation in war censee to take such action as the Com- or national emergency.
mission deems appropriate. [
Whenever Congress dedires that a
" state of war or national emergency exists, the Commission, if it finds it 17060 (Removedl $2FRB225 necessary to the common defense and security may.
Montr2 CAT!oM AND RrvoCAT1oM or (a) Suspend any license it has issued.
LzerNsts (b) Order the recapture of special nuclear material.
- 9 70.61 Modification and revocation of li- (c) Order the operation of any !!-
~ censes. censed facility.
(a) The terms and conditions of all (d) Order entry into any plant or fa.
Licenses shall be subject to amend. cility in order to recapture special nu.
A ment, revision, or modification by clear material or to operate the facili.
l reason of amendments to the Atomic ty.Just compensation shall be paid for l
Energy Act of 1954 or by reason of any damages caused by recapture of rules. regulations or orders issued in special nuclear material or by oper-l accordance with the Act or any ation of any facility. pursuant to this l amendments thereto; ,,,,section.
l l
l April 28,1989 (reset) 70-26 l
[
-e..
70.71-PART 70 e DOMESTIC LICENSING OF SPECIAL 70.H . N F
Ewroaccurst j I 70.71 Violations.
An injunction or other court order may be obtained prohibiting any viola.
- tion of any provtalon of the Atomic Energy Act of 1954, as amended, or ,
CAct of 19M, or any restlation or order, . Title II of the Energy Reorganization
, 1ssued thereunder. A court order may a be obtained for the payment of a civil a penalty imr?%td pursuant to section 234 of the Act for violation of section
- 53.57.62.63.81.82.101.103.104.107, or 109 of'the Act. or section 206 of the Energy Reo' organization Act of 1974. or any rule, regulation, or order issued thereunder.'or any term, condition, or limitation of any 11 cense issued there-under, or for any violation for which a license may be revoked under section 186 of the Act. Any person who will-fully or violates any provtsion of the Act any regulation or order issued thereunder may be gutlty of a crunc and. upon conviction, may be punished by fine or imprisonment or both, as m provided bylaw. '
[ Note renoved 49 FR 196231 I
k 1 _ _ _ _ _ , , , _ _ . _ - - - - - - ~ -
J --
- 3. UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of '
I I
ROCKWELL' INTERNATIONAL CORPORATION 1 Docket No.(s) 70-25-ML 1
(Rocketdyne Division, Special I Nuclear Materials License SNM-21) i I
CERTIFICATE OF SERVICE 2 hereby certify that copies of the foregoing LB MEMD AND ORDER (SCHEDULING) have been served upon the f ollowing persons by U.S. mail, first class, except as otherwise noted and in accordance with the requirements of 10 CFR Sec. 2.712.
Administrative Judge Administrative Judge Christine N. Kohl, Chairman G. Paul Bollwerk, III Atomic Safety.and Licensing Appeal Atomic Safety and Licensing Appeal Board Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Administrative Judge Administrative, Judge Howard A. Wilber Peter B. Bloch Atomic Safety and Licensing Appeal Presiding Officer Board Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 Administrative Judge Gustave A. Linenberger, Jr.
Special Assistant Office of the General Counsel Atomic Safety and Licensing Board U.S. Nuclear Regulatory Commission U.S. Nuclear Regulatory Commission Washington, DC 20555 Washington, DC 20555 R. T. Lancet Director Rockwell International Corporation Jon Scott Rocketdyne Livision 6 Roundup Road 6633 Canoga Avenue Bell Canyon, CA 91307 Conoga Park, CA 91304 Estelle Lit Jerome E. Raskins, et. al.
18233 Bermuda Street c/o 18350 Los Alimos j Northridge, CA 91326 Northridge, CA 91326 I
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' Docket No.(s)70-25-MLI
'LB MEMO AND ORDER (SCHEDULING)-
Alan, .Langville Simi Valley Library Public' Document Room-
' 2969 Tapo Canyon Road Simi. Valley,:CA '93063 Dated at.Rockville, Md. this
'6 day of October'1989
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Office of the Secretary of the-Commission 1
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