United States Nuclear Regulatory Commission - Protecting People and the Environment

U.S. Nuclear Regulatory Commission

Policy and Guidance Directive FC 92-04, "Issuance of New Licenses for Material Use Programs"

HPPOS-261 PDR-306070203

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

equipment procured.

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

Page Last Reviewed/Updated Thursday, March 29, 2012