U.S. Nuclear Regulatory Commission

Transfer of Exempt Quantities of By-product Material from a Nuclear Power Plant

HPPOS-189 PDR-9111210298

Title: Transfer of Exempt Quantities of By-product

Material from a Nuclear Power Plant

See the memorandum from L. J. Cunningham to R. R. Bellamy

(and others) dated July 15, 1987. Enclosed with this

memorandum are two others: the first from L. J. Cunningham

to R. L. Fonner dated May 7, 1987; and the second from R.

L. Fonner to L. J. Cunningham dated June 30, 1987. These

memos state that exempt quantities of byproduct material,

pursuant to 10 CFR 30.18, can be transferred from a nuclear

power plant to a non-licensed laboratory provided: the

transfer must not be for waste disposal, the transfer must

not be for commercial distribution, and the material must

not contain special nuclear or byproduct material other

than that included in 10 CFR 30.71, Schedule B. HPPOS-131

and HPPOS-203 contain related topics.

The transfer of exempt quantities of byproduct material

from a nuclear power plant to a non-licensee is

permissible, provided all of the following general

conditions are met.

1. The transfer meets all of the applicable

requirements of 10 CFR Parts 20-71.

2. The transfer meets all applicable radioactive

material transportation requirements of the U.S. Department

of Transportation (49 CFR 100-178) and the U.S. Postal

Service (39 CFR 124).

3. The transfer does not violate any applicable state

regulations.

In more specific terms, the transfer, pursuant to 10 CFR

30.18, must meet all of the following conditions:

1. The transfer must not be for purposes of waste

disposal.

2. The transfer must not be for purposes of commercial

distribution, except in accordance with a license issued

under 10 CFR 32.18 stating that the byproduct material may

be transferred to persons exempt under 10 CFR 30.18 or

equivalent Agreement State regulations [10 CFR 30.18 (c)

and (d)].

3. The material transferred must not contain special

nuclear material or byproduct material other than that

included in 10 CFR 30.71 Schedule B. The reactor licensee

transferring exempt quantities of byproduct material must

provide reasonable assurance that the material transferred

does not contain radionuclides not included in 10 CFR 30.71

Schedule B.

Regulatory references: 10 CFR 30.18, 10 CFR 30.71

Subject codes: 3.5, 11.1, 12.10

Applicability: Reactor