U.S. Nuclear Regulatory Commission

Regulatory Responsibilities for Byproduct Materials in Non-Power Reactors

HPPOS-218 PDR-9111220023

Title: Regulatory Responsibilities for Byproduct Materials

in Non-Power Reactors

See the memorandum from D. M. Crutchfield to F. J. Congel

(and others) dated March 8, 1988. Byproduct materials

within non-power reactors is covered under the reactor

license. NMSS does not normally issue separate licenses

which authorize possession of licensed material within an

operating reactor facility. All byproduct material

inserted into or removed from the reactor, is covered by

the reactor license while the material is within the

facility. The facility boundaries for non-power reactors

are normally defined in the FSAR or TS, and exceptions

should be referred immediately to HQ.

In a memorandum dated June 8, 1987, Region IV requested

guidance for determining cases where licensed material in a

non-power reactor facility may be covered by an NRC license

or an Agreement State license, rather than the reactor

license. This issue becomes important in determining

compliance and issuing notices of violation involving

licensed material in a reactor facility. All Regions were

asked to comment on this issue, and after consideration of

these comments, NRR provided the following guidance. The

guidance was coordinated with NMSS, GPA, and OGC.

1. Generic guidance related to this issue is contained

in Inspection Manual Chapter 2882, Appendices 1 and 2.

Normally, material within a non-power reactor facility will

generally be assumed to be possessed by the reactor

licensee, unless there is prior documentation approved by

NRC or some other clear demonstration that the licensed

material is covered under another license.

2. Consistent with (1) above, NMSS does not normally

issue separate licenses which authorize possession of

licensed material within an operating reactor facility. If

a reactor facility license is silent with regard to

possession of byproduct material, it should be amended.

NRC normally exercises exclusive federal jurisdiction

within operating reactor facilities.

3. All byproduct material which is to be inserted into

a reactor, or which is removed from the reactor, must be

covered by the reactor license while the material is within

the facility.

4. The facility boundaries for a non-power reactor are

normally defined by the Safety Analysis Report or Technical

Specifications. In the absence of identifiable facility

boundaries, the Regions should establish a facility

boundary with the license for compliance purposes, and the

boundary should be specified in the TS or FSAR.

5. As indicated in Manual Chapter 2882, Appendix 2,

there are exceptions to the above guidelines, and specific

cases can be complex. Questionable cases should be

referred to HQ for resolution along with a proposed course

of action.

Regulatory references: 10 CFR 50, Technical Specifications

Subject codes: 3.3, 11.5, 12.9

Applicability: Non-Power Reactors