United States Nuclear Regulatory Commission - Protecting People and the Environment

U.S. Nuclear Regulatory Commission

Jurisdiction of Mobile Radwaste Units Operating at Nuclear Power Plants

HPPOS-078 PDR-9111210199

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

Applicability: Reactors

Page Last Reviewed/Updated Thursday, March 29, 2012