Transfer by an NRC Licensee of Radioactive Material or of Radioactive-Contaminated Facility Components to the Department of Energy

HPPOS-155 PDR-9111220128

See the memorandum from L. B. Higginbotham to G. H. Smith dated October 1, 1979, and the attached memorandum from G. H. Cunningham to R. F. Burnett and D. A. Nussbaumer dated August 22, 1979.

The memos express the OELD opinion that a person may transfer licensed material to DOE or to persons working under contract to DOE. If on-site transfer is completed, the NRC licensee has not delivered licensed material to a carrier for transport and 10 CFR 71.12 does not apply.

The expressed OELD opinion is that an NRC licensee may transfer byproduct, source, or special nuclear material or radioactive-contaminated facility components to DOE (or one of its duly authorized representatives) pursuant to the provisions of 10 CFR 30.41, 10 CFR 40.51, and/or 10 CFR 70.42. If on-site transfer to DOE was completed, the NRC licensee would no longer be in the position of delivering "licensed material to the carrier for transport" under the general license provisions of 10 CFR 71.11 and 10 CFR 71.12 and the conditions precedent (e.g., an NRC-approved quality assurance program for shipping packages) to the licensee's use of such a general license would no longer be applicable.

Regulatory references: 10 CFR 71.12

Subject codes: 3.5, 12.13, 12.17

Applicability: All