License Requirement for Facilities Repairing Contaminated Equipment
HPPOS-132 PDR-9111210350
Title: License Requirement for Facilities Repairing
Contaminated Equipment
See the letter from K. R. Goller to All Power Reactor
Licensees dated November 1, 1977. When contaminated
equipment is transferred for repair or service, a license
must be held by the service shop or the facility licensee
prior to shipment. Reactors in Agreement States can apply
to State, others to NRC for use of material at unspecified
locations.
It came to NRC's attention that reactor facility licensees
occasionally find it necessary to send a contaminated
component to manufacturers or service companies for repair
or calibration. The manufacturers or service companies do
not, in many cases, have appropriate NRC or Agreement State
licenses authorizing receipt, possession, use and transfer
of byproduct material nor do they have the qualified
personnel necessary to obtain such licenses. The shipment
of these components by or to unlicensed persons has
resulted in enforcement action being taken against the
persons shipping or receiving the contaminated components.
Urgently needed repairs and service have been delayed while
the concerned regulatory agencies attempted to resolve the
problem.
It is essential that appropriate licenses be held by the
repair shop or the facility licensee in accordance with the
guidance of this letter, prior to shipment of the
contaminated component. Some NRC facility licensees have
obtained NRC or Agreement State licenses, as appropriate,
authorizing possession and use of components containing
byproduct material at unspecified off site locations
throughout the state in which the facility is located. NRC
suggests this option be considered to avoid such problems.
Applications to NRC or to an Agreement State by NRC
facility licensees for such byproduct materials licenses
must be completely supported by necessary information.
This includes contract provisions to be employed to
demonstrate full licensee control of all related matters
such as shipping procedures, health physics support
personnel, health physics procedures, training and
experience, cleanup operations, and final survey reports.
In instances where full licensee control of all matters
relating to the contaminated item while in the repair shop
is not intended or feasible, the repair shop must obtain
the appropriate license to permit the repair. If the
licensee is able to satisfy the requirements for a
byproduct materials license authorizing possession and use
of his contaminated materials at unspecified sites, he may,
in accordance with reciprocal NRC or Agreement State
regulations, receive, possess, use and transfer such
contaminated components at unspecified off-site locations
in other states.
If the facility is located in a non-Agreement State, the
NRC byproduct material license (issued pursuant to 10 CFR
Part 30) would authorize the possession and use of the
contaminated component in other non-Agreement States. By
notifying the appropriate Agreement State authority by
letter, or if necessary by telephone, at least five days
prior to shipment of a contaminated component, an NRC
licensee authorized to possess and use components
containing byproduct material at unspecified off site
locations throughout a non-Agreement State can (pursuant to
Agreement State regulations similar to 10 CFR 150.20)
obtain authorization to conduct the same activities within
an Agreement State.
If the licensed facility is located in an Agreement State,
the facility licensee must obtain from the Agreement State
a license authorizing possession and use of components
containing byproduct material at unspecified locations
throughout that State. Under the reciprocity provisions of
10 CFR 150.20 and similar provisions in other Agreement
State regulations, the licensee is permitted (for up to 180
days in any calendar year) to conduct the same activities
in other Agreement and non-Agreement States. If the
shipment is to be made to a location in a non-Agreement
State, NRC Form 241 must be submitted at least three days
prior to shipment. For shipments to locations in other
Agreement States, appropriate notification must be made.
If the licensee conducts the same activity for more than
180 days in any calendar year in any other state than the
one for which the license was issued, he must obtain
another byproduct material license from the NRC or the
Agreement State, as appropriate, authorizing it to conduct
such activities in that State.
Regulatory references: 10 CFR 30.3, 10 CFR 150.20
Subject codes: 3.5, 12.2, 12.9
Applicability: All