Re: NRC Licensing Conditions -Reply

[Joyce Davis <JOYCED@DNFSB.GOV>]

The Atomic Energy Act of 1954 (as amended) is the source of NRC's
licensing and rulemaking authority.  It provides (in part)
Sec. 161 General Provisions
In the performance ofits functions the Commission is authorized to --
...b. establish by rule, regulation, or order, such standards and
instructions to govern the possession and use of special nuclear
material, source material and byproduct material [terms defined in
the Act] as the Commisssion may deem necessary or desirable to
promote the common defense and security or to protect health or to
minimize danger to life or property. ...
o.  require by rule, regulation , or order, such reports, and the
keeping of such records with respect to, and to provide for such
inspections of activities ... under licenses issued pursuant to
sections [enumerated] as may be necessary to effectuater the purposes
of this Act...
p.  make, promulgate, issue, rescind, amend such rules and
regulations as may be necessary to carry out the purposes of this
Act....[Read Sec 3,  the Purpose section of the Act]

There is a separate section of the Act for each type of licensing,
e.g., for byproduct licensing:

Section 81. Domestic Distribution.  No person may transfer or receive
in interstate commerce, manufacture, produce, transfer, acquire, own,
possess,import, or export any byproduct material except to the extent
authorized by this section, section82 or section 84.  The Commisssion
is authorized to issue general or specific licenses to applicants
seeking to use byproduct material for research or development
purposes, for medical therapy, industrial uses, agricultural uses, or
other such useful applications as may be developed. ....   The
Commission shall not permit the distribution of any byproduct
material to any licensee, and shall recall, or order the recall of
any distributed material from any licensee, who is not equipped to
observe, or who fails to observe such safety standards to protect
health as may be established by the Commisssion, or who uses such
material in violation of law or regulation of the Commmission or in a
manner other than as disclosed in the application therefor or
approved by the Commisssion.  The Commission is authorized to
establish classes of byproduct material and to exempt certain classes
or quantities of material  or kinds of uses or users from the
requirements for a license set forth in this section when it makes a
finding that the exemption of such classes or quantities of such
material or such kinds of uses or users will not constitute an
unreasonable risk to the common defense and security and to the
health and safety of the public.

In section 183 are specified the terms and conditions that are part
of every license.

In issuing licenses and promulgating rules, NRC is subject to the
Judicial review provisions of the Act  (Ch. 16) and the
Administrative Procedure Act.  This is to ensure that, inter alia,
the agency's actions do not exceed the authority granted by the Act.
 
Other provisions of the Atomic Energy act are germane to the current
discussions.  I suggest those who deal with NRC read the Act once in
a while (yearly?),  to keep in mind what this is all about.  If NRC
is acting outside the scope of its authority it can be taken to
court.

J P Davis, esq., CHP  
my opinion only
joyced@dnfsb.gov