Re: Broad Scope Licenses and Exempt/Generally Licensed Devices

[BLHamrick@aol.com]

In a message dated 97-01-29 17:37:41 EST, Vince Chase wrote:

<< Before I give you my experiences with this subject,  let me say that
 you will have a mightly long wait if you expect a General Consul (NRC
 or Agreement) to make a comment on regulations.  Once that comment is
 made,  it becomes a legal reference,  which is something they don't
 want to do.  That sort of statement is only brought about in court.>>

I would like to state for the record that I wrote to the Commission with a
question regarding the interpretation of regulations relative to exempt
items, and they provided a detailed, written response in about 30 days.  If
you give them a chance, they will respond.
  
 <<As for general versus exempt sources, I have been RSO on a couple of
 Broad Scope Type A licenses and have consulted on several others in
 this area.  The main hangup with regulators seems to be the transfer
 of these sources.  Generally licensed sources can be transferred from
 facility to facility with no inventory tracking or papework as 
 required in 10CFR30 through 33.  However, Broad Scope Type A licenses
 are VERY specific with regards to the locations that sources can be
 used and to whom they can be transferred. >> 

There are many things to consider here.  First, there is a BIG difference
between items which can be distributed to persons who are exempt from
licensing, and generally licensed items.  People often confuse the two, but
they are quite different.  Generally licensed items do not require a specific
license.  That is, they do not need to be authorized on a facility's
individual radioactive material license.  The regulations offer a "general"
license to possess the items, but that DOES NOT mean there are NO
requirements associated with possessing and using these items.

For example, 10 CFR 31.5 offers a general license to "commmercial and
industrial firms...to possess...byproduct material contained in devices
designed and manufactured for the purpose of ...measuring...qualitative or
quantitative chemical composition..."  (This is what the generally licensed
gas chromatographs fall under.)  And, if you read the entire section, you
will find there are restrictions on the transfer of these devices - for
EVERYONE who possesses them under this general license.


<<Also, transferring a 
 source from a Broad Scope Type A license has a record keeping 
 requirement associated with it and regulators will give you a violation
 if you don't maintain those records. >>

This is true for all specifically licensed NRC licensees.  10 CFR 30.51
requires that "each person who receives byproduct material pursuant to a
license issued pursuant to the regulations...shall keep records showing the
receipt, transfer, and disposal of the byproduct material..."
 
 <<This also seems to be an interpretation of individual inspectors.  In my 
 most recent inspection, my inspector told me that exempt sources did
 not have to be inventoried.  However,  in a inspection several years ago,
 at another facility,  I had an inspector tell me that all sources used for 
 licensed activites had to be inventoried. >> 

When this happens, it is best to go to the source.  Speak to the head of the
regional inspection agency.  Inspections SHOULD be consistent throughout the
state, but that is very difficult to maintain.  One of the best ways for the
agency to keep track of how the agency is doing is through feedback from the
inspected population.

Barbara L. Hamrick
Los Angeles County Radiation Management
BLHamrick@aol.com