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

HPPOS-174 PDR-9111210265

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