U.S. Nuclear Regulatory Commission
Regulatory Responsibilities for Byproduct Materials in Non-Power Reactors
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
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
Regulatory references: 10 CFR 50, Technical Specifications
Subject codes: 3.3, 11.5, 12.9
Applicability: Non-Power Reactors