U.S. Nuclear Regulatory Commission

Policy and Guidance Directive FC 83-19, "Jurisdiction at Reactor Facilities"

HPPOS-265 PDR-9306070303

Title: 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