U.S. Nuclear Regulatory Commission

10 CFR 50.72, Applicability of Notification Requirement to Non-Power Reactors

HPPOS-174 PDR-9111210265

Title: 10 CFR 50.72, Applicability of Notification

Requirement to Non-Power Reactors

See the memorandum from R. L. Nimitz to Radiation Support

Section dated April 8, 1981. The requirements of 10 CFR

50.72 do not apply to non-power reactors even though they

may be licensed under 10 CFR 50.21.

During an inspection at Rensselaer Polytechnic Institute

(RPI) Critical Facility, the question arose whether the

licensee was required to report occurrences at their

facility in accordance with 10 CFR 50.72. The wording of

50.72 indicates that it applies to "... each licensee of a

nuclear power reactor licensed under 50.21 or 50.22 ...."

The Critical Facility at RPI is licensed and is about a

1-watt training and research facility.

Although the facility is not a nuclear power reactor used

for generating electricity, it is a nuclear reactor and the

licensee did not wish to be in noncompliance with this

requirement for failing to report an occurrence meeting 10

CFR 50.72 requirements. IE Headquarters was contacted and

it was their opinion that the 10 CFR 50.72 requirements did

not apply to non-power reactors, but a review is underway

to determine if the 10 CFR 50.72 requirements should apply

to these non-power reactor facilities. Therefore, based on

this discussion, the 10 CFR 50.72 requirements do not apply

to non-power reactor facilities even though they may be

licensed under 10 CFR 50.21.

Regulatory references: 10 CFR 50.21, 10 CFR 50.72

Subject codes: 2.3, 12.1

Applicability: Non-Power Reactors