Re: NRC Licensing Conditions

[Bob Hearn <rah@america.net>]

>
>Does the NRC have the authority to place a CONDITION on a license that is
>not directly supported by a specific Federal regulation?
>
>If so, what gives them the authority to do this?
>

NRC has no such authority any more than they have a right to deny a license
if all requirements are met. 

That said, as we all know there is a vast array of regulations regarding
licensing and NRC authority, some with fairly broad wording, that may be
interpreted to support either of the above actions. (My answer obviously
does not ascribe any special significance to your expression "directly
supported", which, if intended, would render my response entirely
superfluous.) The courts provide an ultimate appeal where mutual
understanding cannot be achieved, which process consumes resources from both
parties. Need I say more? Probably not.

IMHO biased by experience,

Bob Hearn

At 11:07 AM 10/31/96 -0600, you wrote:
>Hello RADSAFERs,
>
>        Thanks for the input about licensing of Americium-241.  
>
>        I have another question that I need an answer for.
>
>Does the NRC have the authority to place a CONDITION on a license that is
>not directly supported by a specific Federal regulation?
>
>If so, what gives them the authority to do this?

>**************************** /^\   /^\ *********************************
>Tad  Blanchard              /__ \ /___\    NASA-Goddard Space Flt Ctr 
>Nat'l Health Svc, Inc            O             Greenbelt, Maryland     
>Sr Health Physics Tech          / \            Phone: 301-286-9157     
>                               /___\           Fax:   301-286-1618       
>                  Tad.M.Blanchard.1@GSFC.NASA.gov                   
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>
>
>