U.S. Nuclear Regulatory Commission

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