Guidance on the Applicability of 10 CFR 70.19 to Persons Holding a Specific License
See the memorandum from L. J. Cunningham to J. H. Joyner (and others) dated April 7, 1992.
Region I requested an interpretation of the quantity limitations and labeling requirements of 10 CFR 70.19 as it applied to plutonium calibration sources. The memorandum expresses the Office of General Counsel (OGC) opinion that a specific license does not subject the licensee to the general license quantity limitations and labeling requirements of 10 CFR 70.19 in the use of plutonium calibration sources.
A typical power reactor license contains a provision that states in part, a licensee may receive, possess and use in amounts as required any byproduct, source, or special nuclear material for sample analysis or instrument calibration. Further, 10 CFR 70.19 (a) (1) and (3) state that any person who holds a specific license issued by the Commission authorizing them to own, receive, possess, use, and transfer special nuclear material is also issued a general license to own, receive, possess, use, and transfer plutonium calibration or reference sources in accordance with paragraph (c). Paragraph (c) also specifies a general license limit of 5 microcuries for using or storing plutonium in one location and specific labeling and other requirements for plutonium sources.
While these requirements appear contradictory, it is the OGC opinion that a specific license contains all the authority needed and is not limited by a general license. Therefore, a person who possess a specific license is not subject to the quantity limitations and labeling requirements of 10 CFR 70.19 in the use of plutonium calibration sources as would a licensee who has a general license.
Regulatory references: 10 CFR 70.19
Subject codes: 3.3, 11.3, 11.7