U.S. Nuclear Regulatory Commission
Record Retention at Ex-Licensee After a License has been Terminated
Title: Record Retention at Ex-Licensee After a License has
See the memorandum from P. Jehle to C. L. Miller dated
February 27, 1989. The memo states that once a license is
terminated by the NRC, the former licensee is no longer
required to retain records. If the NRC believes record
retention should continue for a term of years, its
termination order could be conditioned on expiration of the
On May 27, 1988, the Commission issued a final rule on the
Retention Periods for Records that affects 10 CFR Parts 4,
11, 25, 30-35, 40, 50, 60, 61, 70, 71, 73, 74, 75, 95, and
110. These parts contain all the regulatory provisions
referring to NRC requirements for retaining records (with
the exception of 10 CFR Part 20). The Commission's
regulations refer only to a "Licensee" or an "Applicant."
There are no references to the applicability of the
regulations to an ex-licensee or former licensee. Because
of the absence of references to ex-licensees, by inference,
record retention regulations do not apply to ex-licensees.
Therefore, once a license is terminated by the NRC, the
former licensee is no longer required to retain records.
This does not suggest that the Commission is without
authority to require the retention of necessary records.
The Commission may place conditions on an order of
termination to be fulfilled before decommissioning is
complete. If the Commission believes record retention
should continue for a term of years, its termination order
could be conditioned on the expiration of the term.
The recordkeeping requirements of 10 CFR Part 20 are the
subject of proposed rulemaking. The proposed rules, in all
but two sections, state that the licensee shall retain
records until the Commission terminates the license
requiring the record. The notice of the proposed rule did
not state that the regulations have been changed to require
that records be maintained until the license is terminated.
Therefore an ex-licensee is not required to retain records
under 10 CFR Part 20 of current or proposed NRC regulations.
Regulatory references: 10 CFR 20.401, 10 CFR 20.2102, 10
Subject codes: 2.1, 11.4