U.S. Nuclear Regulatory Commission

Transfer by an NRC Licensee of Radioactive Material or of Radioactive-Contaminated Facility Components to the Department of Energy

HPPOS-155 PDR-9111220128

Title: Transfer by an NRC Licensee of Radioactive Material

or of Radioactive-Contaminated Facility Components to the

Department of Energy

See the memorandum from L. B. Higginbotham to G. H. Smith

dated October 1, 1979, and the attached memorandum from G.

H. Cunningham to R. F. Burnett and D. A. Nussbaumer dated

August 22, 1979. The memos express the OELD opinion that a

person may transfer licensed material to DOE or to persons

working under contract to DOE. If on-site transfer is

completed, the NRC licensee has not delivered licensed

material to a carrier for transport and 10 CFR 71.12 does

not apply.

The expressed OELD opinion is that an NRC licensee may

transfer byproduct, source, or special nuclear material or

radioactive-contaminated facility components to DOE (or one

of its duly authorized representatives) pursuant to the

provisions of 10 CFR 30.41, 10 CFR 40.51, and/or 10 CFR

70.42. If on-site transfer to DOE was completed, the NRC

licensee would no longer be in the position of delivering

"licensed material to the carrier for transport" under the

general license provisions of 10 CFR 71.11 and 10 CFR 71.12

and the conditions precedent (e.g., an NRC-approved quality

assurance program for shipping packages) to the licensee's

use of such a general license would no longer be applicable.

Regulatory references: 10 CFR 71.12

Subject codes: 3.5, 12.13, 12.17

Applicability: All