ML20246F204
| ML20246F204 | |
| Person / Time | |
|---|---|
| Issue date: | 02/16/1989 |
| From: | Mallett B NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Joseph Austin NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| Shared Package | |
| ML20245C323 | List:
|
| References | |
| FOIA-89-182 NUDOCS 8905120166 | |
| Download: ML20246F204 (2) | |
Text
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a FEB 161993 MEMORANDUM FOR: John M. Austin, Acting Chief, Medical, Academic, and Commercial Use Safety Branch, NMSS FROM: Bruce S. Mallett, Chief, Nuclear Materials Safety Branch, Region III
SUBJECT:
REQUEST FOR TECHNICAL ASSISTANCE ON THE USE OF ALPHA-EMITTING LIGHTNING RODS The purpose of this memorandum is to request further clarification of the NRC's position on the public use of lightning rods containing alpha-emitting radioactive materials. In our previous memorandum on this subject, we stated that our search of the subject indicated no one is currently licensed to distribute these type lightning rods via an NRC license, nor is there anyone possessing the rods via an NRC license nor anyone possessing the rods under a general NRC license. Your December d , 1988 response to our memorandum agreed with these findings.
As discussed in a February 3, 1989 telephone conversation with you, however, we e
have determined that the Heary Brothers Corporation in New York is manufacturing and distributing lightning rods containing small quantities of thorium-232 under the provisions of a general license issued by the New York Department.of Labor. This general license is equivalent to that provided in 10 CFR 40.22 (small qui '" te " sor material). Enclosed is a copy of a letter from a law firm representing Heary Brothers which indicates the same.
Based upon our conversation and review of the regulations, it is our understanding that the manufacture and distribution of lightning rods containing small quantities of thorium-232 is permitted pursuant to 10 CFR 40.22 or the equivalent regulations of an Agreement State, subject to the conditions contained therein. It is also our understanding that the possession and use of these lightning rods is permitted pursuant to 10 CFR 40.22 or the equivalent regulations of an Agreement State, subject to the conditions contained therein.
Please clarify whether our understandings are correct. We would like to respond to the State of Michigan officials within the next two weeks.
8905120166 890510(
PDR FDIA BROAS89-182 PDR3
John M. Austin 2 FEB 161989 Since Michigan's request, we understand that other States have also raised this issue to various staff in the NRC. Therefore, we should anticipate that our response to this question will also-be utilized throughout the United States.
If we obtain any further information on this subject, we will contact you. If you have any questions pertaining to the above, please contact me at FTS 388-5612 or Roy Caniano at FTS 388-5721.
h<W2b Bruce S. Mallett, Chief Nuclear Materials Safety Branch
Enclosure:
As stated cc w/ enclosure:-
C. E. Norelius, RIII J. Foster, RIII RII RIII e d RIII RIII Caniho/jl McCann Holt M 11ett 02/p/89 }g\ Q,.,