U.S. Nuclear Regulatory Commission
Policy and Guidance Directive FC 92-04, "Issuance of New Licenses for Material Use Programs"
Title: Policy and Guidance Directive FC 92-04, "Issuance
of New Licenses for Material Use Programs"
See the memorandum from R. E. Cunningham to R. W. Cooper
(and others) dated September 14, 1992. The purpose of this
Directive is to summarize current NMSS policy for issuance
of new licenses for material use programs (Enclosure 1) and
to provide guidance to the reviewer (Enclosure 2). The
enclosed guidance is based on concerns raised by NRC staff
pertaining to specific items in applications for material
use, e.g., industrial or medical. The Directive identifies
two specific areas that may require additional information
from the applicant, i.e., the status of the facility and
the present use of the proposed location of the facility.
The general rule governing domestic licensing of byproduct
material are contained in 10 CFR Part 30. Section 30.33,
"General requirements for issuance of specific licenses",
provides, among other things, that the proposed equipment
and facilities are adequate to protect health and minimize
danger to life and property. NRC staff anticipates, and as
a matter of practice encourages, license applicants to
delay completion of facilities and acquisition of equipment
until after the application review is completed. This
allows for cost-effective safety improvements in the
applicant's facilities and equipment when indicated as a
result of NRC's technical review. It also ensures the
adequacy of the facilities and equipment prior to
significant financial investment by the applicant.
However, the applicant may not possess and use licensed
material until the approved facilities are completed and
The technical review of the application should include an
evaluation of the completeness and accuracy of the
information submitted and should identify any necessary
safety improvements in the facilities and equipment. If
the following information is not evident in the license
application, or is ambiguous, or appears to be misleading,
the review should contact the applicant by telephone to
request the additional information:
A. Status of the facility.
1. If completed, document the discussion.
2. If not in existence or completed, inquire as to the
plans for completing the facility. If construction is not
to be completed within 12 months after receiving the
license determine: (a) when the applicant intends to
possess and used licensed material in the proposed facility
at the locations of use described in the license
application; or (b) if the applicant indicates only future
use at a facility or location other than that described in
the license application (which would require a license
application revision), why the license is requested at this
B. Present use of the proposed location.
If the location of use is a private residence, the
applicant must submit the following additional information:
1. Confirmation that the use of licensed material does
not conflict with local codes and zoning laws; and
2. Diagrams of the facility to include the building
and adjacent areas, including above and below restricted
areas. The facility should be of adequate design to permit
security of licensed material and prevent unauthorized
access from the residence. Commitments that restricted
areas do not include residential quarters are required.
The applicant should discuss how radiation levels in
unrestricted areas will be controlled and monitored to
comply with 10 CFR 20.105 or 20.1301.
The two enclosures to this Directive should be consulted
for additional guidance concerning the issuance of new
licenses for material use programs.
Regulatory references: 10 CFR 30
Subject codes: 5.0, 11.2, 11.3
Applicability: Byproduct material