U.S. Nuclear Regulatory Commission
Jurisdiction of Mobile Radwaste Units Operating at Nuclear Power Plants
Title: Jurisdiction of Mobile Radwaste Units Operating at
Nuclear Power Plants
See the letter from V. Stello, Jr., to J. S. Grant (Toledo
Edison Company) dated February 28, 1979, and the enclosed
letter from R. E. Cunningham to J. S. Stewart (Chem-Nuclear
Systems, Inc.) dated September 14, 1978. The functions
performed by mobile radwaste units at power plants fall
within the operation of the facility under 10 CFR Part 50.
During transportation, the carrier possesses the licensed
material in transit.
In a letter dated November 21, 1978, the Toledo Edison
Company raised several questions concerning possession of
radioactive waste material at nuclear power reactor sites
and during shipment of these materials to Chem-Nuclear's
waste burial grounds.
The functions performed by mobile radwaste units at nuclear
power reactor sites fall within the scope of activities
that may be carried out as part of reactor operations under
a facility operating license issued pursuant to 10 CFR Part
50. Control of radioactive waste generated at a reactor
site is the responsibility of the reactor facility licensee
under its license. A letter dated September 14, 1978, to
Chem-Nuclear Systems, Inc., provides some information about
the regulatory requirements on the use of contractor mobile
radwaste systems. In any case, regardless of the method of
processing radwaste, the reactor facility licensee is
responsible for assuring that all activities on its site
are carried out in a manner consistent with the facility
operating license and the Commission's regulations. The
reactor facility licensee is also responsible for assuring
that all activities are conducted in a manner that provide
adequate protection from the standpoint of radiological
health and safety.
In answer to specific questions raised in the letter dated
November 21, 1978:
1. The responsibility for control of reactor radwaste
on the reactor site is governed by the reactor operating
license. It is the reactor licensee's responsibility to
assure that these activities are carried out in accordance
with the requirements of the reactor operating license and
the regulations of the NRC. The reactor licensee may have
the activities carried out by employees or contractors.
However, the responsibilities for radiological safety and
the common defense and security imposed on the licensee by
the reactor license and by the Commission's regulations
remain with the reactor licensee.
2. By 10 CFR 50.11 (c), common or contract carriers
are exempt from licensing requirements. Private carriers
require an NRC or Agreement State license to possess the
material in carriage. In any case, the carrier possesses
the licensed radioactive material in transit.
3. The reactor licensee is responsible for assuring
compliance with all NRC regulations applicable to
radioactive material generated in the operation of the
reactor. These include all applicable requirements
relating to the transfer of radioactive materials contained
in 10 CFR Parts 20, 30, 70, 71, and 73. The reactor
licensee, depending on circumstances, may also have
obligations under transportation regulations, such as 49
CFR Parts 170 through 189.
Regulatory references: 10 CFR 50
Subject codes: 9.0, 12.9