Transfer of Exempt Quantities of By-product Material from a Nuclear Power Plant

HPPOS-189 PDR-9111210298

See the memorandum from L. J. Cunningham to R. R. Bellamy (and others) dated July 15, 1987. Enclosed with this memorandum are two others: the first from L. J. Cunningham to R. L. Fonner dated May 7, 1987; and the second from R. L. Fonner to L. J. Cunningham dated June 30, 1987.

These memos state that exempt quantities of byproduct material, pursuant to 10 CFR 30.18, can be transferred from a nuclear power plant to a non-licensed laboratory provided: the transfer must not be for waste disposal, the transfer must not be for commercial distribution, and the material must not contain special nuclear or byproduct material other than that included in 10 CFR 30.71, Schedule B. HPPOS-131 and HPPOS-203 contain related topics.

The transfer of exempt quantities of byproduct material from a nuclear power plant to a non-licensee is permissible, provided all of the following general conditions are met.

1. The transfer meets all of the applicable requirements of 10 CFR Parts 20-71.
2. The transfer meets all applicable radioactive material transportation requirements of the U.S. Department of Transportation (49 CFR 100-178) and the U.S. Postal Service (39 CFR 124).
3. The transfer does not violate any applicable state regulations. In more specific terms, the transfer, pursuant to 10 CFR 30.18, must meet all of the following conditions:
   1. The transfer must not be for purposes of waste disposal.
   2. The transfer must not be for purposes of commercial distribution, except in accordance with a license issued under 10 CFR 32.18 stating that the byproduct material may be transferred to persons exempt under 10 CFR 30.18 or equivalent Agreement State regulations [10 CFR 30.18 (c) and (d)].
   3. The material transferred must not contain special nuclear material or byproduct material other than that included in 10 CFR 30.71 Schedule B. The reactor licensee transferring exempt quantities of byproduct material must provide reasonable assurance that the material transferred does not contain radionuclides not included in 10 CFR 30.71 Schedule B.

Regulatory references: 10 CFR 30.18, 10 CFR 30.71

Subject codes: 3.5, 11.1, 12.10

Applicability: Reactor