Enforcement Action Being Taken Against The Persons Shipping or Receiving The Contaminated Components (Generic Letter 77-04)

                                                              GL 77-04

                                UNITED STATES 
                         NUCLEAR REGULATORY COMMISSION
                            WASHINGTON, D.C. 20555

                                                             November 1, 1977



It has come to our attention that NRC reactor facility licensees occasionally
find it necessary to send a component contaminated with radioactivity to
manufacturers or service companies for repair or calibration.  It is not
always practical or feasible, however, for the facility licensee to reduce the
radioactivity associated with component to levels acceptable for unrestricted
use.  The manufacturers or service companies do not, in many cases, have
appropriate NRC or Agreement State licenses authorizing receipt, possession,
use and transfer of byproduct material nor do they have the qualified
personnel necessary to obtain such licenses.  The shipment of those components
by or to unlicensed persons has resulted in enforcement action being taken
against the persons shipping or receiving the contaminated components. 
Urgently needed repairs and service have been delayed while the concerned
regulatory agencies attempted to resolve the problem.

It is essential that appropriate licenses be held by the repair shop or the
facility licensee in accordance with the guidance of this letter, prior to
shipment of the contaminated component.   Some I&C facility licensees have
obtained NRC or Agreement State licenses, as appropriate, authorizing
possession and use of components containing byproduct material at unspecified
offsite locations throughout the state in which the facility is located.  We
suggest that you consider obtaining such a license to avoid such problems.

Applications to the NRC or to an Agreement State by NRC facility licensees for
such byproducts materials licensing must be completely support by necessary
information, including contract provisions to be employed to demonstrate full
licensee control or all related reactors, such as shipping procedures, health
physics support personnel, health physics procedures, training and experience,
cleanup operations, and final survey reports.  In instances where full
licensee control of all matters relating to the contaminated item while in the
repair shop is not intended or is not feasible, the repair shop must obtain
the appropriate license to permit the repair.  If the licensee is able to
satisfy the requirements for a byproduct materials license authorizing
possession and use of his contaminated materials at unspecified sites, he may,
in accordance with reciprocal, NRC, or Agreement State regulations receive,
possess, use, and transfer such contaminated components at unspecified off-
site locations in other states.


                                    - 2 -

If the facility is located in a non-Agreement State, the NRC byproduct
material license (issued pursuant to 10 CFR Part 30) would authorize the
possession and use of the contaminated component in other non-Agreement
States.  By notifying the appropriate Agreement State authority by letter, or
if necessary by telephone, at least five days prior to shipment of a
contaminated component, an NRC licensee authorized to possess and use
components containing byproduct material at unspecified off site locations
throughout a non-Agreement State can (pursuant to Agreement State regulations
similar to 10 CFR 150.20) obtain authorization to conduct the same activities
within an Agreement State.

If the licensed facility is located in an Agreement State, the facility
licensee must obtain from the Agreement State a license authorizing possession
and use of components containing byproduct material at unspecified locations
throughout that state.  Under the reciprocity provisions of 10 CFR 150.20 and
similar provisions in other Agreement State regulations,the licensee is
permitted (for up to 180 days in any calendar year) to conduct the same
activities in other Agreement and non-Agreement States.  If the shipment is to
be made to a location in a non-Agreement State, NRC Form 241 must be submitted
at least three days prior to the shipment.  A copy of Form 241 is enclosed
with this letter (Enclosure 1).  For shipments to locations in other Agreement
States, appropriate notification must be made.  If the licensee conducts the
same activity for more than 180 days in any calendar year in any other state
than the one for which the license was issued, he must obtain another
byproduct material license from the NRC or the Agreement State, as
appropriate, authorizing him to conduct such activities in that state.

For facilities located in a non-Agreement State, an application form and
guidance for these byproduct materials licenses are included as Enclosures 2
and 3.  For facilities located in Agreement States, you should contact the
appropriate Agreement State licensing official (see Enclosure 4).


                                      Karl R. Goller, Assistant Director
                                        for Operating Reactors
                                      Division of Operating Reactors

1.  NRC Form 241
2.  Application form
3.  Guidance
4.  Agreement States


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