Policy and Guidance Directive FC 83-19, "Jurisdiction at Reactor Facilities"
See the memorandum from R. E. Cunningham to Regional Administrators (and Branch Chiefs, Division of Fuel Cycle and Material Safety) dated September 16, 1983.
The possession and use of radioactive materials at a reactor facility prior to issuance of an operating license and subsequent to issuance of a construction permit are under exclusive NRC jurisdiction when the materials are directly connected with reactor operation and are needed during the construction and preoperational phases of a reactor. HPPOS-120 contains a related topic.
The possession and use of radioactive materials at a reactor facility that has an operating license is under exclusive NRC jurisdiction when the materials are used in connection with reactor operations. Contractors to the reactor licensee may not be separately licensed. All activities must be carried out under the operating license.
The exception to the rule of exclusive NRC jurisdiction is the possession and use of byproduct material for performance of industrial radiography. A firm which holds an NRC or Agreement State license that authorizes performance of radiography may do radiography at reactor sites pursuant to that license.
Occasionally a reactor licensee may wish to do industrial radiography at the reactor site. If the site is located in an Agreement State, the license for the performance should be obtained from the Agreement State. If the site is in a non-Agreement State, a separate license issued pursuant to 10 CFR Part 34 should be obtained from the NRC by the reactant licensee.
Regulatory references: Atomic Energy Act, 10 CFR 150.15
Subject codes: 12.2, 12.9
Applicability: Byproduct and Special Nuclear Materials