cfr_sections
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59 rows where part_number = 70 and title_number = 10 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 10:10:2.0.1.1.10.1.121.1 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | A | Subpart A—General Provisions | § 70.1 Purpose. | NRC | [21 FR 764, Feb. 3, 1956, as amended at 32 FR 4056, Mar. 15, 1967; 40 FR 8791, Mar. 3, 1975; 43 FR 6924, Feb. 17, 1978; 45 FR 74712, Nov. 12, 1980; 53 FR 31682, Aug. 19, 1988; 59 FR 48960, Sept. 23, 1994; 62 FR 6669, Feb. 12, 1997; 66 FR 51838, Oct. 11, 2001] | (a) Except as provided in paragraphs (c) and (d) of this section, the regulations of this part establish procedures and criteria for the issuance of licenses to receive title to, own, acquire, deliver, receive, possess, use, and transfer special nuclear material; and establish and provide for the terms and conditions upon which the Commission will issue such licenses. (b) The regulations contained in this part are issued pursuant to the Atomic Energy Act of 1954, as amended (68 Stat. 919) and Title II of the Energy Reorganization Act of 1974 (88 Stat. 1242). (c) The regulations in part 72 of this chapter establish requirements, procedures, and criteria for the issuance of licenses to possess: (1) Spent fuel, power reactor-related Greater than Class C (GTCC) waste, and other radioactive materials associated with spent fuel storage in an independent spent fuel storage installation (ISFSI), or (2) Spent fuel, high-level radioactive waste, power reactor-related GTCC waste, and other radioactive materials associated with the storage in a monitored retrievable storage installation (MRS), and the terms and conditions under which the Commission will issue such licenses. (d) As provided in part 76 of this chapter, the regulations of this part establish procedures and criteria for physical security and material control and accounting for the issuance of a certificate of compliance or the approval of a compliance plan. (e) As provided in the Atomic Energy Act of 1954, as amended, the regulations in this part establish requirements, procedures, and criteria for the issuance of licenses to uranium enrichment facilities. | ||||
| 10:10:2.0.1.1.10.1.121.10 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | A | Subpart A—General Provisions | § 70.10 Deliberate misconduct. | NRC | [63 FR 1899, Jan. 13, 1998] | (a) Any licensee, applicant for a license, employee of a licensee or applicant; or any contractor (including a supplier or consultant), subcontractor, employee of a contractor or subcontractor of any licensee or applicant for a license, who knowingly provides to any licensee, applicant, contractor, or subcontractor, any components, equipment, materials, or other goods or services that relate to a licensee's or applicant's activities in this part, may not: (1) Engage in deliberate misconduct that causes or would have caused, if not detected, a licensee or applicant to be in violation of any rule, regulation, or order; or any term, condition, or limitation of any license issued by the Commission; or (2) Deliberately submit to the NRC, a licensee, an applicant, or a licensee's or applicant's contractor or subcontractor, information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the NRC. (b) A person who violates paragraph (a)(1) or (a)(2) of this section may be subject to enforcement action in accordance with the procedures in 10 CFR part 2, subpart B. (c) For the purposes of paragraph (a)(1) of this section, deliberate misconduct by a person means an intentional act or omission that the person knows: (1) Would cause a licensee or applicant to be in violation of any rule, regulation, or order; or any term, condition, or limitation, of any license issued by the Commission; or (2) Constitutes a violation of a requirement, procedure, instruction, contract, purchase order, or policy of a licensee, applicant, contractor, or subcontractor. | ||||
| 10:10:2.0.1.1.10.1.121.2 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | A | Subpart A—General Provisions | § 70.2 Scope. | NRC | [63 FR 1898, Jan. 13, 1998] | Except as provided in §§ 70.11 to 70.13, inclusive, the regulations in this part apply to all persons in the United States. This part also gives notice to all persons who knowingly provide to any licensee, applicant, contractor, or subcontractor, components, equipment, materials, or other goods or services, that relate to a licensee's or applicant's activities subject to this part, that they may be individually subject to NRC enforcement action for violation of § 70.10. | ||||
| 10:10:2.0.1.1.10.1.121.3 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | A | Subpart A—General Provisions | § 70.3 License requirements. | NRC | [32 FR 2562, Feb. 7, 1967, as amended at 43 FR 6924, Feb. 17, 1978] | No person subject to the regulations in this part shall receive title to, own, acquire, deliver, receive, possess, use, or transfer special nuclear material except as authorized in a license issued by the Commission pursuant to these regulations. | ||||
| 10:10:2.0.1.1.10.1.121.4 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | A | Subpart A—General Provisions | § 70.4 Definitions. | NRC | [21 FR 764, Feb. 3, 1956] | Act means the Atomic Energy Act of 1954 (68 Stat 919), including any amendments thereto; Acute, as used in this part, means a single radiation dose or chemical exposure event or multiple radiation dose or chemical exposure events occurring within a short time (24 hours or less). Agreement State as designated in part 150 of this chapter means any State with which the Commission has entered into an effective agreement under subsection 274b. of the Act. Non-agreement State means any other State. Alert means events may occur, are in progress, or have occurred that could lead to a release of radioactive material[s] but that the release is not expected to require a response by an offsite response organization to protect persons offsite. Atomic energy means all forms of energy released in the course of nuclear fission or nuclear transformation; Atomic weapon means any device utilizing atomic energy, exclusive of the means for transporting or propelling the device (where such means is a separable and divisible part of the device), the principal purpose of which is for use as, or for development of, a weapon, a weapon prototype, or a weapon test device; Available and reliable to perform their function when needed, as used in subpart H of this part, means that, based on the analyzed, credible conditions in the integrated safety analysis, items relied on for safety will perform their intended safety function when needed, and management measures will be implemented that ensure compliance with the performance requirements of § 70.61 of this part, considering factors such as necessary maintenance, operating limits, common-cause failures, and the likelihood and consequences of failure or degradation of the items and measures. Commencement of construction means taking any action defined as “construction” or any other activity at the site of a facility subject to the regulations in this part that has a reasonable nexus to: (1) Radiological health and safety; or (2) Common defense and security. Commission mean… | ||||
| 10:10:2.0.1.1.10.1.121.5 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | A | Subpart A—General Provisions | § 70.5 Communications. | NRC | [48 FR 16032, Apr. 14, 1983] | (a) Unless otherwise specified or covered under the regional licensing program as provided in paragraph (b) of this section, any communication or report concerning the regulations in this part and any application filed under these regulations may be submitted to the Commission as follows: (1) By mail addressed to: ATTN: Document Control Desk, Director, Office of Nuclear Material Safety and Safeguards or Director, Office of Nuclear Security and Incident Response, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. (2) By hand delivery to the Director, Office of Nuclear Material Safety and Safeguards or Director, Office of Nuclear Security and Incident Response at the NRC's offices at 11555 Rockville Pike, Rockville, Maryland. (3) Where practicable, by electronic submission, for example, via Electronic Information Exchange, and CD-ROM. Electronic submissions must be made in a manner that enables the NRC to receive, read, authenticate, distribute, and archive the submission, and process and retrieve it a single page at a time. Detailed guidance on making electronic submissions can be obtained by visiting the NRC's Web site at http://www.nrc.gov/site-help/e-submittals.html ; by e-mail to MSHD.Resource@nrc.gov ; or by writing the Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The guidance discusses, among other topics, the formats the NRC can accept, the use of electronic signatures, and the treatment of nonpublic information. (4) Classified communications shall be transmitted to the NRC Headquarters' classified mailing address as specified in appendix A to part 73 of this chapter or delivered by hand in accordance with paragraph (a)(2) of this section. (b) The Commission has delegated to the four Regional Administrators licensing authority for selected parts of its decentralized licensing program for nuclear materials as described in paragraph (b)(1) of this section. Any communication, report, or application covered under this licensing progra… | ||||
| 10:10:2.0.1.1.10.1.121.6 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | A | Subpart A—General Provisions | § 70.6 Interpretations. | NRC | [21 FR 764, Feb. 3, 1956, as amended at 90 FR 55632, Dec. 3, 2025] | Except as specifically authorized by the Commission in writing, no interpretation of the meaning of the regulations in this part by any officer or employee of the Commission other than a written interpretation by the General Counsel will be recognized to be binding upon the Commission. This section shall cease to have effect on January 8, 2027, unless the NRC determines that the cessation deadline should be extended to a date not more than 5 years in the future after offering the public an opportunity to provide input on the costs and benefits of this section and considering that input. The NRC will publish a document in the Federal Register announcing its determination and revising or removing this section accordingly. | ||||
| 10:10:2.0.1.1.10.1.121.7 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | A | Subpart A—General Provisions | § 70.7 Employee protection. | NRC | [58 FR 52413, Oct. 8, 1993, as amended at 60 FR 24552, May 9, 1995; 61 FR 6765, Feb. 22, 1996; 68 FR 58816, Oct. 10, 2003; 72 FR 63974, Nov. 14, 2007; 73 FR 30459, May 28, 2008; 79 FR 66605, Nov. 10, 2014] | (a) Discrimination by a Commission licensee, an applicant for a Commission license, or a contractor or subcontractor of a Commission licensee or applicant against an employee for engaging in certain protected activities is prohibited. Discrimination includes discharge and other actions that relate to compensation, terms, conditions, or privileges of employment. The protected activities are established in section 211 of the Energy Reorganization Act of 1974, as amended, and in general are related to the administration or enforcement of a requirement imposed under the Atomic Energy Act or the Energy Reorganization Act. (1) The protected activities include but are not limited to: (i) Providing the Commission or his or her employer information about alleged violations of either of the statutes named in paragraph (a) introductory text of this section or possible violations of requirements imposed under either of those statutes; (ii) Refusing to engage in any practice made unlawful under either of the statutes named in paragraph (a) introductory text or under these requirements if the employee has identified the alleged illegality to the employer; (iii) Requesting the Commission to institute action against his or her employer for the administration or enforcement of these requirements; (iv) Testifying in any Commission proceeding, or before Congress, or at any Federal or State proceeding regarding any provision (or proposed provision) of either of the statutes named in paragraph (a) introductory text. (v) Assisting or participating in, or is about to assist or participate in, these activities. (2) These activities are protected even if no formal proceeding is actually initiated as a result of the employee assistance or participation. (3) This section has no application to any employee alleging discrimination prohibited by this section who, acting without direction from his or her employer (or the employer's agent), deliberately causes a violation of any requirement of the Energy Reorganization Act of 1974, as a… | ||||
| 10:10:2.0.1.1.10.1.121.8 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | A | Subpart A—General Provisions | § 70.8 Information collection requirements: OMB approval. | NRC | [49 FR 19628, May 9, 1984, as amended at 52 FR 19305, May 22, 1987; 56 FR 40769, Aug. 16, 1991; 57 FR 18392, Apr. 30, 1992; 58 FR 39634, July 26, 1993; 62 FR 52189, Oct. 6, 1997; 65 FR 56225, Sept. 18, 2000; 67 FR 78142, Dec. 23, 2003; 73 FR 78606, Dec. 23, 2008] | (a) The Nuclear Regulatory Commission has submitted the information collection requirements contained in this part to the office of Management and Budget (OMB) for approval as required by the Paperwork reduction Act (44 U.S.C. 3501 et seq. ). The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. OMB has approved the information collection requirements contained in this part under control number 3150-0009. (b) The approved information collection requirements contained in this part appear in §§ 70.9, 70.17, 70.19, 70.20a, 70.20b, 70.21, 70.22, 70.24, 70.25, 70.32, 70.33, 70.34, 70.38, 70.39, 70.42, 70.50, 70.51, 70.52, 70.59, 70.61, 70.62, 70.64, 70.65, 70.72, 70.73, 70.74, and Appendix A. (c) This part contains information collection requirements in addition to those approved under the control number specified in paragraph (a) of this section. These information collection requirements and the control numbers under which they are approved are as follows: (1) In § 70.21(g), Form N-71 and associated forms are approved under control number 3150-0056. (2) In § 70.38, NRC form 314 is approved under control number 3150-0028. (3) In § 70.21(g), DOC/NRC Forms AP-1, AP-A, and associated forms are approved under control number 0694-0135. | ||||
| 10:10:2.0.1.1.10.1.121.9 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | A | Subpart A—General Provisions | § 70.9 Completeness and accuracy of information. | NRC | [52 FR 49373, Dec. 31, 1987] | (a) Information provided to the Commission by an applicant for a license or by a licensee or information required by statute or by the Commission's regulations, orders, or license conditions to be maintained by the applicant or the licensee shall be complete and accurate in all material respects. (b) Each applicant or licensee shall notify the Commission of information identified by the applicant or licensee as having for the regulated activity a significant implication for public health and safety or common defense and security. An applicant or licensee violates this paragraph only if the applicant or licensee fails to notify the Commission of information that the applicant or licensee has identified as having a significant implication for public health and safety or common defense and security. Notification shall be provided to the Administrator of the appropriate Regional Office within two working days of identifying the information. This requirement is not applicable to information which is already required to be provided to the Commission by other reporting or updating requirements. | ||||
| 10:10:2.0.1.1.10.10.121.1 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | J | Subpart J—Enforcement | § 70.91 Violations. | NRC | [57 FR 55077, Nov. 24, 1992. Redesignated at 65 FR 56226, Sept. 18, 2000] | (a) The Commission may obtain an injunction or other court order to prevent a violation of the provisions of— (1) The Atomic Energy Act of 1954, as amended; (2) Title II of the Energy Reorganization Act of 1974, as amended; or (3) A regulation or order issued pursuant to those Acts. (b) The Commission may obtain a court order for the payment of a civil penalty imposed under section 234 of the Atomic Energy Act: (1) For violations of— (i) Sections 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or 109 of the Atomic Energy Act of 1954, as amended; (ii) Section 206 of the Energy Reorganization Act; (iii) Any rule, regulation, or order issued pursuant to the sections specified in paragraph (b)(1)(i) of this section; (iv) Any term, condition, or limitation of any license issued under the sections specified in paragraph (b)(1)(i) of this section. (2) For any violation for which a license may be revoked under section 186 of the Atomic Energy Act of 1954, as amended. | ||||
| 10:10:2.0.1.1.10.10.121.2 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | J | Subpart J—Enforcement | § 70.92 Criminal penalties. | NRC | [57 FR 55077, Nov. 24, 1992. Redesignated and amended at 65 FR 56226, Sept. 18, 2000] | (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions for willful violation of, attempted violation of, or conspiracy to violate, any regulation issued under sections 161b, 161i, or 161o of the Act. For purposes of section 223, all the regulations in part 70 are issued under one or more of sections 161b, 161i, or 161o, except for the sections listed in paragraph (b) of this section. (b) The regulations in part 70 that are not issued under sections 161b, 161i, or 161o, for the purposes of section 223 are as follows: §§ 70.1, 70.2, 70.4, 70.5, 70.6, 70.8, 70.11, 70.12, 70.13, 70.14, 70.17, 70.18, 70.23, 70.31, 70.33, 70.34, 70.35, 70.37, 70.66, 70.73, 70.76, 70.81, 70.82, 70.63, 70.91, and 70.92. | ||||
| 10:10:2.0.1.1.10.2.121.1 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | B | Subpart B—Exemptions | § 70.11 Persons using special nuclear material under certain Department of Energy and Nuclear Regulatory Commission contracts. | NRC | [40 FR 14085, Mar. 28, 1975; 40 FR 16047, Apr. 9, 1975, as amended at 43 FR 6924, Feb. 17, 1978; 65 FR 54950, Sept. 12, 2000] | Except to the extent that Department facilities or activities of the types subject to licensing pursuant to section 202 of the Energy Reorganization Act of 1974 are involved, any prime contractor of the Department is exempt from the requirements for a license set forth in section 53 of the Act and from the regulations in this part to the extent that such contractor, under his prime contract with the Department receives title to, owns, acquires, delivers, receives, possesses, uses, or transfers special nuclear material for: (a) The performance of work for the Department at a United States Government-owned or controlled site, including the transportation of special nuclear material to or from such site and the performance of contract services during temporary interruptions of such transportation; (b) research in, or development, manufacture, storage, testing or transportation of, atomic weapons or components thereof; or (c) the use or operation of nuclear reactors or other nuclear devices in a United States Government-owned vehicle or vessel. In addition to the foregoing exemptions, and subject to the requirement for licensing of Department facilities and activities pursuant to section 202 of the Energy Reorganization Act of 1974, any prime contractor or subcontractor of the Department or the Commission is exempt from the requirements for a license set forth in section 53 of the Act and from the regulations in this part to the extent that such prime contractor or subcontractor receives title to, owns, acquires, delivers, receives, possesses, uses, or transfers special nuclear material under his prime contract or subcontract when the Commission determines that the exemption of the prime contractor or subcontractor is authorized by law; and that, under the terms of the contract or subcontract there is adequate assurance that the work thereunder can be accomplished without undue risk to the public health and safety. | ||||
| 10:10:2.0.1.1.10.2.121.2 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | B | Subpart B—Exemptions | § 70.12 Carriers. | NRC | [46 FR 12696, Feb. 18, 1981] | Common and contract carriers, freight forwarders, warehousemen, and the U.S. Postal Service are exempt from the regulations in this part to the extent that they transport special nuclear material in the regular course of carriage for another or storage incident thereto. This exemption does not apply to the storage in transit or transport of material by persons covered by the general license issued under § 70.20a and § 70.20b. | ||||
| 10:10:2.0.1.1.10.2.121.3 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | B | Subpart B—Exemptions | § 70.13 Department of Defense. | NRC | The regulations in this part do not apply to the Department of Defense to the extent that the Department receives, possesses and uses special nuclear material in accordance with the direction of the President pursuant to section 91 of the Act. | |||||
| 10:10:2.0.1.1.10.2.121.4 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | B | Subpart B—Exemptions | § 70.14 Foreign military aircraft. | NRC | [71 FR 15012, Mar. 27, 2006] | The regulations in this part do not apply to persons who carry special nuclear material (other than plutonium) in aircraft of the armed forces of foreign nations subject to 49 U.S.C. 40103(d). | ||||
| 10:10:2.0.1.1.10.2.121.5 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | B | Subpart B—Exemptions | § 70.17 Specific exemptions. | NRC | [37 FR 5749, Mar. 21, 1972, as amended at 45 FR 65536, Oct. 3, 1980; 46 FR 13987, Feb. 25, 1981; 47 FR 57481, Dec. 27, 1982; Redesignated at 65 FR 56225, Sept. 18, 2000, as amended at 66 FR 55815, Nov. 2, 2001] | (a) The Commission may, upon application of any interested person or upon its own initiative, grant such exemptions from the requirements of the regulations in this part as it determines are authorized by law and will not endanger life or property or the common defense and security and are otherwise in the public interest. (b) [Reserved] (c) The DOE is exempt from the requirements of the regulations in this part to the extent that its activities are subject to the requirements of part 60 or part 63 of this chapter. (d) Except as specifically provided in part 61 of this chapter, any licensee is exempt from the requirements of the regulations in this part to the extent that its activities are subject to the requirements of part 61 of this chapter. | ||||
| 10:10:2.0.1.1.10.3.121.1 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | C | Subpart C—General Licenses | § 70.18 Types of licenses. | NRC | [29 FR 5884, May 5, 1964] | Licenses for special nuclear material are of two types: general and specific. Any general license provided in this part is effective without the filing of applications with the Commission or the issuance of licensing documents to particular persons. Specific licenses are issued to named persons upon applications filed pursuant to the regulations in this part. | ||||
| 10:10:2.0.1.1.10.3.121.2 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | C | Subpart C—General Licenses | § 70.19 General license for calibration or reference sources. | NRC | [29 FR 5884, May 5, 1964, as amended at 32 FR 8124, June 7, 1967; 38 FR 22221, Aug. 17, 1973; 40 FR 8792, Mar. 3, 1975; 42 FR 28896, June 6, 1977; 43 FR 6924, Feb. 17, 1978; 48 FR 32329, July 15, 1983; 56 FR 40769, Aug. 16, 1991; 57 FR 33428, July 29, 1992; 67 FR 78142, Dec. 23, 2002; 72 FR 35145, June 27, 2007] | (a) A general license is hereby issued to those persons listed below to receive title to, own, acquire, deliver, receive, possess, use and transfer in accordance with the provisions of paragraphs (b) and (c) of this section, plutonium in the form of calibration or reference sources: (1) Any person in a non-agreement State who holds a specific license issued by the Commission or the Atomic Energy Commission which authorizes him to receive, possess, use and transfer byproduct material, source material, or special nuclear material; (2) Any Government agency as defined in § 70.4 that holds a specific license issued by the Commission that authorizes it to receive, possess, use, or transfer byproduct material, source material, or special nuclear material; and (3) Any person in an agreement State who holds a specific license issued by the Commission or the Atomic Energy Commission which authorizes him to receive, possess, use and transfer special nuclear material. (b) The general license in paragraph (a) of this section applies only to calibration or reference sources which have been manufactured or initially transferred in accordance with the specifications contained in a specific license issued pursuant to § 70.39 or in accordance with the specifications contained in a specific license issued by an agreement State which authorizes manufacture of the sources for distribution to persons generally licensed by the agreement State. (c) The general license in paragraph (a) of this section is subject to the provisions of §§ 70.32, 70.50, 70.55, 70.56, 70.91, 70.81, and 70.82; the provisions of §§ 74.11 and 74.19 of this chapter; and to the provisions of parts 19, 20, and 21 of this chapter. In addition, persons who receive title to own, acquire, deliver, receive, possess, use or transfer one or more calibration or reference sources under this general license: (1) Shall not possess at any one time, at any one location of storage or use, more than 5 microcuries of plutonium in such sources; (2) Shall not receive, posses… | ||||
| 10:10:2.0.1.1.10.3.121.3 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | C | Subpart C—General Licenses | § 70.20 General license to own special nuclear material. | NRC | [33 FR 9810, July 9, 1968] | A general license is hereby issued to receive title to and own special nuclear material without regard to quantity. Notwithstanding any other provision of this chapter, a general licensee under this section is not authorized to acquire, deliver, receive, possess, use, transfer, import, or export special nuclear material, except as authorized in a specific license. | ||||
| 10:10:2.0.1.1.10.3.121.4 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | C | Subpart C—General Licenses | § 70.20a General license to possess special nuclear material for transport. | NRC | [44 FR 26851, May 8, 1979, as amended at 44 FR 68186, Nov. 28, 1979; 46 FR 12696, Feb. 18, 1981; 47 FR 30458, July 14, 1982; 53 FR 31682, Aug. 19, 1988; 58 FR 7737, Feb. 9, 1993; 58 FR 31471, June 3, 1993; 67 FR 78142, Dec. 23, 2002; 72 FR 35145, June 27, 2007; 88 FR 15881, Mar. 14, 2023] | (a) A general license is issued to any person to possess formula quantities of strategic special nuclear material of the types and quantities subject to the requirements of §§ 73.20, 73.25, 73.26 and 73.27 of this chapter, and irradiated reactor fuel containing material of the types and quantities subject to the requirements of § 73.37 of this chapter, in the regular course of carriage for another or storage incident. Carriers generally licensed under § 70.20b are exempt from the requirements of this section. Carriers of irradiated reactor fuel for the United States Department of Energy are also exempt from the requirements of this section. The general license is subject to the applicable provisions of §§ 70.7 (a) through (e), 70.32 (a) and (b), and §§ 70.42, 70.52, 70.55, 70.91, 70.81, 70.82 and 10 CFR 74.11. (b) Notwithstanding any other provision of this chapter, the general license issued under this section does not authorize any person to conduct any activity that would be authorized by a license issued pursuant to parts 30 through 36, 39, 40, 50, 72, 110, or other sections of this part. (c) Notwithstanding any other provision of this chapter, the duties of a general licensee under this section while in possession of formula quantities of strategic special nuclear material or irradiated reactor fuel in the regular course of carriage for another or storage incident thereto shall be limited to providing for the physical protection of such material against theft or sabotage. Unless otherwise provided by this section, a general license under this section is not subject to the requirements of parts 19, 20, 70 and 73. (d) Any person who possesses formula quantities of strategic special nuclear material under this general license: (1) Shall have submitted and received approval of a transportation security plan. The security plan shall outline the procedures that will be used to meet the requirements of §§ 73.20, 73.25, 73.26, 73.27 and 73.70(g) of this chapter including a plan for the selection, qualification, … | ||||
| 10:10:2.0.1.1.10.3.121.5 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | C | Subpart C—General Licenses | § 70.20b General license for carriers of transient shipments of formula quantities of strategic special nuclear material, special nuclear material of moderate strategic significance, special nuclear material of low strategic significance, and irradiated reactor fuel. | NRC | [52 FR 9652, Mar. 26, 1987, as amended at 60 FR 24552, May 9, 1995; 67 FR 3585, Jan. 25, 2002; 68 FR 14529, Mar. 26, 2003; 68 FR 23575, May 5, 2003; 68 FR 58817, Oct. 10, 2003; 72 FR 35145, June 27, 2007; 74 FR 62683, Dec. 1, 2009; 83 FR 58723, Nov. 21, 2018; 88 FR 15881, Mar. 14, 2023] | (a) A general license is hereby issued to any person to possess transient shipments of the following kinds and quantities of special nuclear material: (1) A formula quantity of special nuclear material of the types and quantities subject to the requirements of §§ 73.20, 73.25, 73.26, and 73.27 of this chapter. (2) Special nuclear material of moderate and low strategic significance of the types and quantities subject to the requirements of § 73.67 of this chapter. (3) Irradiated reactor fuel of the type and quantity subject to the requirements of § 73.37 of this chapter. (b) Persons generally licensed under this section are exempt from the requirements of parts 19 and 20 of this chapter and the requirements of this part, except §§ 70.32 (a) and (b), 70.52, 70.55, 70.91, 70.81, and 70.82. (c) Persons generally licensed under this section to possess a transient shipment of special nuclear material of the kind and quantity specified in paragraph (a)(1) of this section shall provide physical protection for that shipment in accordance with or equivalent to §§ 73.20(a), 73.20(b), 73.25, and 73.1200 of this chapter from the time a shipment enters a United States port until it exits that or another United States port. (d) Persons generally licensed under this section to possess a transient shipment of special nuclear material of moderate or low strategic significance of the kind and quantity specified in paragraph (a)(2) of this section shall provide physical protection for that shipment in accordance with or equivalent to § 73.67 of this chapter and shall comply with the requirements of § 73.1200 of this chapter. (e) Persons generally licensed under this section to possess a transient shipment of irradiated reactor fuel of the kind and quantity specified in paragraph (a)(3) of this section shall provide physical protection for that shipment in accordance with or equivalent to § 73.37 of this chapter and shall comply with the requirements of § 73.1200 of this chapter. (f)(1) Persons generally licensed under this s… | ||||
| 10:10:2.0.1.1.10.4.121.1 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | D | Subpart D—License Applications | § 70.21 Filing. | NRC | [21 FR 764, Feb. 3, 1956, as amended at 23 FR 1122, Feb. 21, 1958; 31 FR 4670, Mar. 19, 1966; 34 FR 19546, Dec. 11, 1969; 36 FR 146, Jan. 6, 1971; 37 FR 5749, Mar. 21, 1972; 49 FR 9406, Mar. 12, 1984; 49 FR 19628, 19632, May 9, 1984; 49 FR 21699, May 23, 1984; 57 FR 18392, Apr. 30, 1992; 68 FR 58817, Oct. 10, 2003; 73 FR 78606, Dec. 23, 2008; 85 FR 65663, Oct. 16, 2020] | (a)(1) A person may apply for a license to possess and use special nuclear material in a plutonium processing or fuel fabrication plant, or for a uranium enrichment facility license, by filing the application with the Director of the NRC's Office of Nuclear Material Safety and Safeguards in accordance with the instructions in § 70.5(a). If the application is on paper or CD-ROM, only one copy need be provided. If the application is to be submitted electronically, see guidance for electronic submissions to the Commission. (2) A person may apply for any other license issued under this part, by filing the application in accordance with the instructions in § 70.5(a). If the application is on paper, only one copy need be provided. If the application is to be submitted electronically, see guidance for electronic submissions to the Commission. (3) Information contained in previous applications, statements, or reports filed with the Commission may be incorporated by reference if the references are clear and specific. (b) An application for license filed pursuant to the regulations in this part will be considered also as an application for licenses authorizing other activities for which licenses are required by the Act, provided the application specifies the additional activities for which licenses are requested and complies with regulations of the Commission as to applications for such licenses. (c) Any application which contains Restricted Data shall be prepared in such manner that all Restricted Data are separated from the unclassified information. (d) Applications and documents submitted to the Commission in connection with applications may be made available for public inspection in accordance with the provisions of the regulations contained in part 2 of this chapter. (e) Each application for a special nuclear material license, other than a license exempted from part 170 of this chapter, shall be accompanied by the fee prescribed in § 170.31 of this chapter. No fee will be required to accompany an application for… | ||||
| 10:10:2.0.1.1.10.4.121.2 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | D | Subpart D—License Applications | § 70.22 Contents of applications. | NRC | [21 FR 764, Feb. 3, 1956] | (a) Each application for a license shall contain the following information: (1) The full name, address, age (if an individual), and citizenship of the applicant and the names and addresses of three personal references. If the applicant is a corporation or other entity, it shall indicate the State where it was incorporated or organized, the location of the principal office, the names, addresses, and citizenship of its principal officers, and shall include information known to the applicant concerning the control or ownership, if any, exercised over the applicant by any alien, foreign corporation, or foreign government; (2) The activity for which the special nuclear material is requested, or in which special nuclear material will be produced, the place at which the activity is to be performed and the general plan for carrying out the activity; (3) The period of time for which the license is requested; (4) The name, amount, and specifications (including the chemical and physical form and, where applicable, isotopic content) of the special nuclear material the applicant proposes to use or produce; (5) [Reserved] (6) The technical qualifications, including training and experience of the applicant and members of his staff to engage in the proposed activities in accordance with the regulations in this chapter; (7) A description of equipment and facilities which will be used by the applicant to protect health and minimize danger to life or property (such as handling devices, working areas, shields, measuring and monitoring instruments, devices for the disposal of radioactive effluents and wastes, storage facilities, criticality accident alarm systems, etc.); (8) Proposed procedures to protect health and minimize danger to life or property (such as procedures to avoid accidental criticality, procedures for personnel monitoring and waste disposal, post-criticality accident emergency procedures, etc.). Where the nature of the proposed activities is such as to require consideration of the applicant's financial quali… | ||||
| 10:10:2.0.1.1.10.4.121.3 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | D | Subpart D—License Applications | § 70.23 Requirements for the approval of applications. | NRC | [36 FR 17574, Sept. 2, 1971, as amended at 37 FR 5749, Mar. 21, 1972; 38 FR 30534, 30538, Nov. 6, 1973; 39 FR 26286, July 18, 1974; 42 FR 17126, Mar. 31, 1977; 43 FR 6924, Feb. 17, 1978; 49 FR 9406, Mar. 12, 1984; 54 FR 14064, Apr. 7, 1989; 57 FR 18392, Apr. 30, 1992; 67 FR 78142, Dec. 23, 2002; 76 FR 56966, Sept. 15, 2011; 88 FR 80950, Nov. 21, 2023] | (a) An application for a license will be approved if the Commission determines that: (1) The special nuclear material is to be used for the conduct of research or development activities of a type specified in section 31 of the Act, 1 in activities licensed by the Commission under section 103 or 104 of the Act, or for such other uses as the Commission determines to be appropriate to carry out the purposes of the Act; 1 The types of research and development activities specified in section 31 are those relating to: (1) Nuclear processes; (2) The theory and production of atomic energy, including processes, materials, and devices related to such production; (3) Utilization of special nuclear material and radioactive material for medical, biological, agricultural, health or military purposes; (4) Utilization of special nuclear material, atomic energy, and radioactive material and processes entailed in the utilization or production of atomic energy or such material for all other purposes, including industrial use, the generation of usable energy, and the demonstration of the practical value of utilization or production facilities for industrial or commercial purposes; and (5) The protection of health and the promotion of safety during research and production activities. (2) The applicant is qualified by reason of training and experience to use the material for the purpose requested in accordance with the regulations in this chapter; (3) The applicant's proposed equipment and facilities are adequate to protect health and minimize danger to life or property; (4) The applicant's proposed procedures to protect health and to minimize danger to life or property are adequate; (5) Where the nature of the proposed activities is such as to require consideration by the Commission, that the applicant appears to be financially qualified to engage in the proposed activities in accordance with the regulations in this part; (6) Where the applicant is required to submit a summary description of the fundamental materia… | ||||
| 10:10:2.0.1.1.10.4.121.4 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | D | Subpart D—License Applications | § 70.23a Hearing required for uranium enrichment facility. | NRC | [69 FR 2280, Jan. 14, 2004] | The Commission will hold a hearing under 10 CFR part 2, subparts A, C, G, and I, on each application for issuance of a license for construction and operation of a uranium enrichment facility. The Commission will publish public notice of the hearing in the Federal Register at least thirty (30) days before the hearing. | ||||
| 10:10:2.0.1.1.10.4.121.5 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | D | Subpart D—License Applications | § 70.24 Criticality accident requirements. | NRC | [39 FR 39021, Nov. 5, 1974, as amended at 41 FR 31522, July 29, 1976; 53 FR 19252, May 27, 1988; 62 FR 63828, Dec. 3, 1997; 63 FR 9403, Feb. 25, 1998; 63 FR 63130, Nov. 12, 1998; 88 FR 80950, Nov. 21, 2023] | (a) Each licensee authorized to possess special nuclear material in a quantity exceeding 700 grams of contained uranium-235, 520 grams of uranium-233, 450 grams of plutonium, 1,500 grams of contained uranium-235 if no uranium enriched to more than 4 percent by weight of uranium-235 is present, 450 grams of any combination thereof, or one-half such quantities if massive moderators or reflectors made of graphite, heavy water or beryllium may be present, shall maintain in each area in which such licensed special nuclear material is handled, used, or stored, a monitoring system meeting the requirements of either paragraph (a)(1) or (a)(2), as appropriate, and using gamma- or neutron-sensitive radiation detectors which will energize clearly audible alarm signals if accidental criticality occurs. This section is not intended to require underwater monitoring when special nuclear material is handled or stored beneath water shielding or to require monitoring systems when special nuclear material is being transported when packaged in accordance with the requirements of part 71 of this chapter. (1) The monitoring system shall be capable of detecting a criticality that produces an absorbed dose in soft tissue of 20 rads of combined neutron and gamma radiation at an unshielded distance of 2 meters from the reacting material within one minute. Coverage of all areas shall be provided by two detectors. (2) Persons licensed prior to December 6, 1974, to possess special nuclear material subject to this section may maintain a monitoring system capable of detecting a criticality which generates radiation levels of 300 rems per hour one foot from the source of the radiation. The monitoring devices in the system shall have a preset alarm point of not less than 5 millirems per hour (in order to avoid false alarms) nor more than 20 millirems per hour. In no event may any such device be farther than 120 feet from the special nuclear material being handled, used, or stored; lesser distances may be necessary to meet the requirements of t… | ||||
| 10:10:2.0.1.1.10.4.121.6 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | D | Subpart D—License Applications | § 70.25 Financial assurance and recordkeeping for decommissioning. | NRC | [53 FR 24053, June 27, 1988, as amended at 56 FR 23474, May 21, 1991; 57 FR 18393, Apr. 30, 1992; 58 FR 39634, July 26, 1993; 58 FR 67662, Dec. 22, 1993; 58 FR 68731, Dec. 29, 1993; 59 FR 1618, Jan. 12, 1994; 60 FR 38239, July 26, 1995; 61 FR 24675, May 16, 1996; 62 FR 39091, July 21, 1997; 63 FR 29544, June 1, 1998; 68 FR 57337, Oct. 3, 2003; 76 FR 35572, June 17, 2011; 78 FR 34250, June 7, 2013; 78 FR 75450, Dec. 12, 2013; 79 FR 75740, Dec. 19, 2014] | (a) Each applicant for a specific license of the types described in paragraphs (a) (1) and (2) of this section shall submit a decommissioning funding plan as described in paragraph (e) of this section. (1) A specific license for a uranium enrichment facility; (2) A specific license authorizing the possession and use of unsealed special nuclear material in quantities exceeding 10 5 times the applicable quantities set forth in appendix B to part 30. A decommissioning funding plan must also be submitted when a combination of isotopes is involved if R divided by 10 5 is greater than 1 (unity rule), where R is the sum of the ratios of the quantity of each isotope to the applicable value in appendix B to part 30. (b) Each applicant for a specific license authorizing possession and use of unsealed special nuclear material in quantities specified in paragraph (d) of this section shall either— (1) Submit a decommissioning funding plan as described in paragraph (e) of this section; or (2) Submit a certification that financial assurance for decommissioning has been provided in the amount prescribed by paragraph (d) of this section using one of the methods described in paragraph (f) of this section. For an applicant, this certification may state that the appropriate assurance will be obtained after the application has been approved and the license issued but before the receipt of licensed material. If the applicant defers execution of the financial instrument until after the license has been issued, a signed original of the financial instrument obtained to satisfy the requirements of paragraph (f) of this section must be submitted to NRC before receipt of licensed material. If the applicant does not defer execution of the financial instrument, the applicant shall submit to NRC, as part of the certification, a signed original of the financial instrument obtained to satisfy the requirements of paragraph (f) of this section. (c)(1) Each holder of a specific license issued on or after July 27, 1990, which is of a type … | ||||
| 10:10:2.0.1.1.10.5.121.1 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | E | Subpart E—Licenses | § 70.31 Issuance of licenses. | NRC | [21 FR 764, Feb. 3, 1956, as amended at 32 FR 2563, Feb. 7, 1967; 32 FR 4056, Mar. 15, 1967; 43 FR 6925, Feb. 17, 1978; 57 FR 18393, Apr. 30, 1992] | (a) Upon a determination that an application meets the requirements of the act and of the regulations of the Commission, the Commission will issue a license in such form and containing such conditions and limitations as it deems appropriate or necessary to effectuate the purposes of the act. (b) [Reserved] (c) Each license issued to a person for use of special nuclear material in activities in which special nuclear material will be produced shall (subject to the provisions of § 70.41(b)) be deemed to authorize such person to receive title to, own, acquire, receive, possess, use, and transfer the special nuclear material produced in the course of such authorized activities. (d) No license will be issued by the Commission to any person within the United States if the Commission finds that the issuance of such license would be inimical to the common defense and security or would constitute an unreasonable risk to the health and safety of the public. (e) No license to construct and operate a uranium enrichment facility may be issued until a hearing pursuant to 10 CFR part 2, subparts G and I, is completed and decision issued on the application. | ||||
| 10:10:2.0.1.1.10.5.121.10 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | E | Subpart E—Licenses | § 70.40 Ineligibility of certain applicants. | NRC | [62 FR 6669, Feb. 12, 1997] | A license may not be issued to the Corporation if the Commission determines that: (a) The Corporation is owned, controlled, or dominated by an alien, a foreign corporation, or a foreign government; or (b) The issuance of such a license would be inimical to— (1) The common defense and security of the United States; or (2) The maintenance of a reliable and economical domestic source of enrichment services. | ||||
| 10:10:2.0.1.1.10.5.121.2 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | E | Subpart E—Licenses | § 70.32 Conditions of licenses. | NRC | [21 FR 764, Feb. 3, 1956] | (a) Each license shall contain and be subject to the following conditions: (1) [Reserved] (2) No right to the special nuclear material shall be conferred by the license except as defined by the license; (3) Neither the license nor any right under the license shall be assigned or otherwise transferred in violation of the provisions of the Act; (4) All special nuclear material shall be subject to the right of recapture or control reserved by section 108 and to all other provisions of the Act; (5) No special nuclear material may be used in any utilization or production facility except in accordance with the provisions of the Act; (6) The licensee shall not use the special nuclear material to construct an atomic weapon or any component of an atomic weapon; (7) Except to the extent that the indemnification and limitation of liability provisions of part 140 of this chapter apply, the licensee will hold the United States and the Department harmless from any damages resulting from the use or possession of special nuclear material leased from the Department by the licensee; (8) The license shall be subject to and the licensee shall observe, all applicable rules, regulations and orders of the Commission. (9)(i) Each licensee shall notify the appropriate NRC Regional Administrator, in writing, immediately following the filing of a voluntary or involuntary petition for bankruptcy under any Chapter of Title 11 (Bankruptcy) of the United States Code by or against: (A) The licensee; (B) An entity (as that term is defined in 11 U.S.C. 101(15)) controlling the licensee or listing the license or licensee as property of the estate; or (C) An affiliate (as that term is defined in 11 U.S.C. 101(2)) of the licensee. (ii) This notification must indicate: (A) The bankruptcy court in which the petition for bankruptcy was filed; and (B) The date of the filing of the petition. (b) The Commission may incorporate in any license such additional conditions and requirements with respect to the licensee's ownership, receipt, poss… | ||||
| 10:10:2.0.1.1.10.5.121.3 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | E | Subpart E—Licenses | § 70.33 Applications for renewal of licenses. | NRC | [75 FR 73944, Nov. 30, 2010] | Applications for renewal of a license should be filed in accordance with §§ 70.21 and 70.22. Information contained in previous applications, statements or reports filed with the Commission under the license may be incorporated by reference, provided that such references are clear and specific. | ||||
| 10:10:2.0.1.1.10.5.121.4 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | E | Subpart E—Licenses | § 70.34 Amendment of licenses. | NRC | Applications for amendment of a license shall be filed in accordance with § 70.21(a) and shall specify the respects in which the licensee desires his license to be amended and the grounds for such amendment. | |||||
| 10:10:2.0.1.1.10.5.121.5 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | E | Subpart E—Licenses | § 70.35 Commission action on applications to renew or amend. | NRC | In considering an application by a licensee to renew or amend his license, the Commission will apply the criteria set forth in § 70.23. | |||||
| 10:10:2.0.1.1.10.5.121.6 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | E | Subpart E—Licenses | § 70.36 Inalienability of licenses. | NRC | [21 FR 764, Feb. 3, 1956, as amended at 35 FR 11461, July 17, 1970; 76 FR 35573, June 17, 2011] | (a) No license granted under the regulations in this part and no right to possess or utilize special nuclear material granted by any license issued pursuant to the regulations in this part shall be transferred, assigned or in any manner disposed of, either voluntarily or involuntarily, directly or indirectly, through transfer of control of any license to any person unless the Commission shall after securing full information, find that the transfer is in accordance with the provisions of the Act, and shall give its consent in writing. (b) An application for transfer of license must include: (1) The identity, technical and financial qualifications of the proposed transferee; and (2) Financial assurance for decommissioning information required by § 70.25. | ||||
| 10:10:2.0.1.1.10.5.121.7 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | E | Subpart E—Licenses | § 70.37 Disclaimer of warranties. | NRC | Neither the Government nor the Commission makes any warranty or other representation that special nuclear material (a) will not result in injury or damage when used for purposes approved by the Commission, (b) will accomplish the results for which it is requested and approved by the Commission, or (c) is safe for any other use. | |||||
| 10:10:2.0.1.1.10.5.121.8 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | E | Subpart E—Licenses | § 70.38 Expiration and termination of licenses and decommissioning of sites and separate buildings or outdoor areas. | NRC | [59 FR 36037, July 15, 1994, as amended at 60 FR 38240, July 26, 1995; 61 FR 1115, Jan. 16, 1996; 61 FR 24675, May 16, 1996; 61 FR 29637, 29638, June 12, 1996; 62 FR 39091, July 21, 1997; 66 FR 24049, May 11, 2001; 73 FR 42675, July 23, 2008; 83 FR 58465, Nov. 20, 2018] | (a) Each specific license expires at the end of the day on the expiration date stated in the license unless the licensee has filed an application for renewal under § 70.33 not less than 30 days before the expiration date stated in the existing license. If an application for renewal has been filed at least 30 days before the expiration date stated in the existing license, the existing license expires at the end of the day on which the Commission makes a final determination to deny the renewal application or, if the determination states an expiration date, the expiration date stated in the determination. (b) Each specific license revoked by the Commission expires at the end of the day on the date of the Commission's final determination to revoke the license, or on the expiration date stated in the determination, or as otherwise provided by Commission Order. (c) Each specific license continues in effect, beyond the expiration date if necessary, with respect to possession of special nuclear material until the Commission notifies the licensee in writing that the license is terminated. During this time, the licensee shall— (1) Limit actions involving special nuclear material to those related to decommissioning; and (2) Continue to control entry to restricted areas until they are suitable for release in accordance with NRC requirements. (d) Within 60 days of the occurrence of any of the following, consistent with the administrative directions in § 70.5, each licensee shall provide notification to the NRC in writing and either begin decommissioning its site, or any separate building or outdoor area that contains residual radioactivity, so that the building or outdoor area is suitable for release in accordance with NRC requirements, or submit within 12 months of notification a decommissioning plan, if required by paragraph (g)(1) of this section, and begin decommissioning upon approval of that plan if— (1) The license has expired pursuant to paragraph (a) or (b) of this section; or (2) The licensee has decided to p… | ||||
| 10:10:2.0.1.1.10.5.121.9 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | E | Subpart E—Licenses | § 70.39 Specific licenses for the manufacture or initial transfer of calibration or reference sources. | NRC | [29 FR 5884, May 5, 1964, as amended at 32 FR 2563, Feb. 7, 1967; 38 FR 1272, Jan. 11, 1973; 40 FR 8792, Mar. 3, 1975; 42 FR 43966, Sept. 1, 1977; 43 FR 6925, Feb. 17, 1978] | (a) An application for a specific license to manufacture or initially transfer calibration or reference sources containing plutonium, for distribution to persons generally licensed under § 70.19, will be approved if: (1) The applicant satisfies the general requirements of § 70.23. (2) The applicant submits sufficient information regarding each type of calibration or reference source pertinent to evaluation of the potential radiation exposure, including: (i) Chemical and physical form and maximum quantity of plutonium in the source; (ii) Details of construction and design; (iii) Details of the method of incorporation and binding of the plutonium in the source; (iv) Procedures for and results of prototype testing of sources, which are designed to contain more than 0.005 microcurie of plutonium, to demonstrate that the plutonium contained in each source will not be released or be removed from the source under normal conditions of use; (v) Details of quality control procedures to be followed in manufacture of the source; (vi) Description of labeling to be affixed to the source or the storage container for the source; (vii) Any additional information, including experimental studies and tests, required by the Commission to facilitate a determination of the safety of the source. (3) Each source will contain no more than 5 microcuries of plutonium. (4) The Commission determines, with respect to any type of source containing more than 0.005 microcurie of plutonium, that: (i) The method of incorporation and binding of the plutonium in the source is such that the plutonium will not be released or be removed from the source under normal conditions of use and handling of the source; and (ii) The source has been subjected to and has satisfactorily passed the prototype tests prescribed by paragraph (a)(5) of this section. (5) For any type of source which is designed to contain more than 0.005 microcurie of plutonium, the applicant has conducted prototype tests, in the order listed, on each of five prototypes of su… | ||||
| 10:10:2.0.1.1.10.6.121.1 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | F | Subpart F—Acquisition, Use and Transfer of Special Nuclear Material, Creditors' Rights | § 70.41 Authorized use of special nuclear material. | NRC | [21 FR 764, Feb. 3, 1956, as amended at 38 FR 33970, Dec. 10, 1973; 43 FR 6925, Feb. 17, 1978] | (a) Each licensee shall confine his possession and use of special nuclear material to the locations and purposes authorized in his license. Except as otherwise provided in the license, each license issued pursuant to the regulations in this part shall carry with it the right to receive title to, own, acquire, receive, possess and use special nuclear material. Preparation for shipment and transport of special nuclear material shall be in accordance with the provisions of part 71 of this chapter. (b) The possession, use and transfer of any special nuclear material produced by a licensee, in connection with or as a result of use of special nuclear material received under his license, shall be subject to the provisions of the license and the regulations in this part. | ||||
| 10:10:2.0.1.1.10.6.121.2 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | F | Subpart F—Acquisition, Use and Transfer of Special Nuclear Material, Creditors' Rights | § 70.42 Transfer of special nuclear material. | NRC | [38 FR 33970, Dec. 10, 1973, as amended at 40 FR 8792, Mar. 3, 1975; 43 FR 6925, Feb. 21, 1978; 53 FR 19253, May 27, 1988] | (a) No licensee shall transfer special nuclear material except as authorized pursuant to this section. (b) Except as otherwise provided in his license and subject to the provisions of paragraphs (c) and (d) of this section, any licensee may transfer special nuclear material: (1) To the Department; (2) To the agency in any Agreement State which regulates radioactive materials pursuant to an agreement with the Commission or the Atomic Energy Commission under section 274 of the Act, if the quantity transferred is not sufficient to form a critical mass; (3) To any person exempt from the licensing requirements of the Act and regulations in this part, to the extent permitted under such exemption; (4) To any person in an Agreement State, subject to the jurisdiction of that State, who has been exempted from the licensing requirements and regulations of that State, to the extent permitted under such exemption; (5) To any person authorized to receive such special nuclear material under terms of a specific license or a general license or their equivalents issued by the Commission or an Agreement State; (6) To any person abroad pursuant to an export license issued under part 110 of this chapter; or (7) As otherwise authorized by the Commission in writing. (c) Before transferring special nuclear material to a specific licensee of the Commission or an Agreement State or to a general licensee who is required to register with the Commission or with an Agreement State prior to receipt of the special nuclear material, the licensee transferring the material shall verify that the transferee's license authorizes receipt of the type, form, and quantity of special nuclear material to be transferred. (d) The following methods for the verification required by paragraph (c) of this section are acceptable: (1) The transferor may have in his or her possession, and read, a current copy of the transferee's specific license or registration certificate. The transferor shall retain a copy of each license or certificate for three years… | ||||
| 10:10:2.0.1.1.10.6.121.3 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | F | Subpart F—Acquisition, Use and Transfer of Special Nuclear Material, Creditors' Rights | § 70.44 Creditor regulations. | NRC | [32 FR 2563, Feb. 7, 1967, as amended at 35 FR 11461, July 17, 1970] | (a) Pursuant to section 184 of the Act, the Commission consents, without individual application, to the creation of any mortgage, pledge, or other lien upon any special nuclear material, not owned by the United States, which is subject to licensing: Provided: (1) That the rights of any creditor so secured may be exercised only in compliance with and subject to the same requirements and restrictions as would apply to the licensee pursuant to the provisions of the license, the Atomic Energy Act of 1954, as amended, and regulations issued by the Commission pursuant to said Act; and (2) That no creditor so secured may take possession of the special nuclear material pursuant to the provisions of this section prior to either the issuance of a license by the Commission authorizing such possession or the transfer of a license pursuant to § 70.36. (b) Nothing contained in this section shall be deemed to affect the means of acquiring, or the priority of, any tax lien or other lien provided by law. (c) As used in this section, creditor includes, without implied limitation, the trustee under any mortgage, pledge, or lien on special nuclear material made to secure any creditor, any trustee or receiver of the special nuclear material appointed by a court of competent jurisdiction in any action brought for the benefit of any creditor secured by such mortgage, pledge, or lien, any purchaser of such special nuclear material at the sale thereof upon foreclosure of such mortgage, pledge, or lien or upon exercise of any power of sale contained therein, or any assignee of any such purchaser. | ||||
| 10:10:2.0.1.1.10.7.121.1 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | G | Subpart G—Special Nuclear Material Control, Records, Reports and Inspections | § 70.50 Reporting requirements. | NRC | [56 FR 40769, Aug. 16, 1991; 56 FR 64980, Dec. 13, 1991, as amended at 59 FR 14087, Mar. 25, 1994; 65 FR 56226, Sept. 18, 2000; 68 FR 58817, Oct. 10, 2003; 79 FR 57725, Sept. 26, 2014; 85 FR 65663, Oct. 16, 2020] | (a) Immediate report. Each licensee shall notify the NRC as soon as possible but not later than 4 hours after the discovery of an event that prevents immediate protective actions necessary to avoid exposures to radiation or radioactive materials that could exceed regulatory limits or releases of licensed material that could exceed regulatory limits (events may include fires, explosions, toxic gas releases, etc.). (b) Twenty-four hour report. Each licensee shall notify the NRC within 24 hours after the discovery of any of the following events involving licensed material: (1) An unplanned contamination event that: (i) Requires access to the contaminated area, by workers or the public, to be restricted for more than 24 hours by imposing additional radiological controls or by prohibiting entry into the area; (ii) Involves a quantity of material greater than five times the lowest annual limit on intake specified in Appendix B of §§ 20.1001-20.2401 of 10 CFR part 20 for the material; and (iii) Has access to the area restricted for a reason other than to allow isotopes with a half-life of less than 24 hours to decay prior to decontamination. (2) An event in which equipment is disabled or fails to function as designed when: (i) The equipment is required by regulation or licensee condition to prevent releases exceeding regulatory limits, to prevent exposures to radiation and radioactive materials exceeding regulatory limits, or to mitigate the consequences of an accident; (ii) The equipment is required to be available and operable when it is disabled or fails to function; and (iii) No redundant equipment is available and operable to perform the required safety function. (3) An event that requires unplanned medical treatment at a medical facility of an individual with spreadable radioactive contamination on the individual's clothing or body. (4) An unplanned fire or explosion damaging any licensed material or any device, container, or equipment containing licensed material when: (i) The quantity of material… | ||||
| 10:10:2.0.1.1.10.7.121.2 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | G | Subpart G—Special Nuclear Material Control, Records, Reports and Inspections | § 70.51 Records requirements. | NRC | [67 FR 78142, Dec. 23, 2002, as amended at 72 FR 35145, June 27, 2007] | (a) Before license termination, licensees shall forward the following records to the appropriate NRC Regional Office: (1) Records of disposal of licensed material made under 10 CFR 20.2002 (including burials authorized before January 28, 1981 1 ), 20.2003, 20.2004, 20.2005; 1 A previous § 20.304 permitted burial of small quantities of licensed materials in soil before January 28, 1981, without specific Commission authorization. See § 20.304 contained in the 10 CFR, parts 0 to 199, edition revised as of January 1, 1981. (2) Records required by 10 CFR 20.2103(b)(4); and (3) Records required by § 70.25(g). (b) If licensed activities are transferred or assigned in accordance with § 70.32(a)(3), the licensee shall transfer the following records to the new licensee and the new licensee will be responsible for maintaining these records until the license is terminated: (1) Records of disposal of licensed material made under 10 CFR 20.2002 (including burials authorized before January 28, 1981 1 ), 20.2003, 20.2004, 20.2005; (2) Records required by 10 CFR 20.2103(b)(4); and (3) Records required by § 70.25(g). (c)(1) Records which must be maintained pursuant to this part may be the original or a reproduced copy, or microform if the reproduced copy or microform is duly authenticated by authorized personnel, and the microform is capable of producing a clear and legible copy after storage for the period specified by Commission regulations. The record may also be stored in electronic media with the capability for producing legible, accurate, and complete records during the required retention period. Records such as letters, drawings, and specifications, must include all pertinent information such as stamps, initials, and signatures. The licensee shall maintain adequate safeguards against tampering with and loss of records. (2) If there is a conflict between the Commission's regulations in this part, license condition, or other written Commission approval or authorization pertaining to the retention period fo… | ||||
| 10:10:2.0.1.1.10.7.121.3 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | G | Subpart G—Special Nuclear Material Control, Records, Reports and Inspections | § 70.52 Reports of accidental criticality. | NRC | [67 FR 78143, Dec. 23, 2002, as amended at 85 FR 65663, Oct. 16, 2020] | (a) Each licensee shall notify the NRC Headquarters Operations Center by telephone at the numbers specified in appendix A to part 73 of this chapter within 1 hour after discovery of any case of accidental criticality. (b) This notification must be made to the NRC Operations Center via the Emergency Notification System if the licensee is party to that system. If the Emergency Notification System is inoperative or unavailable, the licensee shall make the required notification via commercial telephonic service or other dedicated telephonic system or any other method that will ensure that a report is received by the NRC Operations Center within one hour. | ||||
| 10:10:2.0.1.1.10.7.121.4 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | G | Subpart G—Special Nuclear Material Control, Records, Reports and Inspections | § 70.55 Inspections. | NRC | [21 FR 764, Feb. 3, 1956. Redesignated at 25 FR 1607, Feb. 25, 1960, and 25 FR 12730, Dec. 13, 1960, and amended at 32 FR 2563, Feb. 7, 1967; 44 FR 47919, Aug. 16, 1979; 52 FR 31612, Aug. 21, 1987; 54 FR 6877, Feb. 15, 1989; 55 FR 5979, Feb. 21, 1990] | (a) Each licensee shall afford to the Commission at all reasonable times opportunity to inspect special nuclear material and the premises and facilities wherein special nuclear material is used, produced, or stored. (b) Each licensee shall make available to the Commission for inspection, upon reasonable notice, records kept by the licensee pertaining to his receipt, possession, use, acquisition, import, export, or transfer of special nuclear material. (c)(1) In the case of fuel cycle facilities where nuclear reactor fuel is fabricated or processed each licensee shall upon request by the Director, Office of Nuclear Material Safety and Safeguards or the appropriate NRC Regional Administrator, provide rent-free office space for the exclusive use of Commission inspection personnel. Heat, air conditioning, light, electrical outlets and janitorial services shall be furnished by each licensee. The office shall be convenient to and have full access to the facility and, shall provide the inspector both visual and acoustic privacy. (2) For a site with a single fuel facility licensed pursuant to part 70, the space provided shall be adequate to accommodate a full-time inspector, a part-time secretary and transient NRC personnel and will be generally commensurate with other office facilities at the site. A space of 250 square feet either within the site's office complex or in an office trailer or other on site space is suggested as a guide. For sites containing multiple fuel facilities, additional space may be requested to accommodate additional full-time inspector(s). The office space that is provided shall be subject to the approval of the Director, Office of Nuclear Material Safety and Safeguards or the appropriate NRC Regional Administrator. All furniture, supplies and communication equipment will be furnished by the Commission. (3) The licensee shall afford any NRC resident inspector assigned to that site or other NRC inspectors identified by the Director, Office of Nuclear Material Safety and Safeguards, as likely t… | ||||
| 10:10:2.0.1.1.10.7.121.5 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | G | Subpart G—Special Nuclear Material Control, Records, Reports and Inspections | § 70.56 Tests. | NRC | [21 FR 764, Feb. 3, 1956. Redesignated at 25 FR 1607, Feb. 25, 1960, and 25 FR 12730, Dec. 13, 1960] | Each licensee shall perform, or permit the Commission to perform, such tests as the Commission deems appropriate or necessary for the administration of the regulations in this part, including tests of (a) special nuclear material, (b) facilities wherein special nuclear material is utilized, produced or stored, (c) radiation detection and monitoring instruments, and (d) other equipment and devices used in connection with the production, utilization or storage of special nuclear material. | ||||
| 10:10:2.0.1.1.10.7.121.6 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | G | Subpart G—Special Nuclear Material Control, Records, Reports and Inspections | § 70.59 Effluent monitoring reporting requirements. | NRC | [68 FR 58817, Oct. 10, 2003] | Within 60 days after January 1 and July 1 of each year, and using an appropriate method listed in § 70.5(a), each licensee authorized to possess and use special nuclear material for processing and fuel fabrication, scrap recovery, conversion of uranium hexafluoride, or in a uranium enrichment facility shall submit a report addressed: ATTN: Document Control Desk, Director, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, with a copy to the appropriate NRC Regional Office shown in appendix D to part 20 of this chapter. The report must specify the quantity of each of the principal radionuclides released to unrestricted areas in liquid and gaseous effluents during the previous six months of operation, and such other information as the Commission may require to estimate maximum potential annual radiation doses to the public resulting from effluent releases. If quantities of radioactive materials released during the reporting periods are significantly above the licensee's design objectives previously reviewed as part of the licensing action, the report must cover this specifically. On the basis of these reports and any additional information the Commission may obtain from the licensee or others, the Commission may from time to time require the licensee to take such action as the Commission deems appropriate. | ||||
| 10:10:2.0.1.1.10.8.121.1 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | H | Subpart H—Additional Requirements for Certain Licensees Authorized To Possess a Critical Mass of Special Nuclear Material | § 70.60 Applicability. | NRC | The regulations in § 70.61 through § 70.76 apply, in addition to other applicable Commission regulations, to each applicant or licensee that is or plans to be authorized to possess greater than a critical mass of special nuclear material, and engaged in enriched uranium processing, fabrication of uranium fuel or fuel assemblies, uranium enrichment, enriched uranium hexafluoride conversion, plutonium processing, fabrication of mixed-oxide fuel or fuel assemblies, scrap recovery of special nuclear material, or any other activity that the Commission determines could significantly affect public health and safety. The regulations in § 70.61 through § 70.76 do not apply to decommissioning activities performed pursuant to other applicable Commission regulations including § 70.25 and § 70.38 of this part. Also, the regulations in § 70.61 through § 70.76 do not apply to activities that are certified by the Commission pursuant to part 76 of this chapter or licensed by the Commission pursuant to other parts of this chapter. Unless specifically addressed in § 70.61 through § 70.76, implementation by current licensees of the Subpart H requirements shall be completed no later than the time of the ISA Summary submittal required in § 70.62(c)(3)(ii). | |||||
| 10:10:2.0.1.1.10.8.121.10 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | H | Subpart H—Additional Requirements for Certain Licensees Authorized To Possess a Critical Mass of Special Nuclear Material | § 70.76 Backfitting. | NRC | [65 FR 56226, Sept. 18, 2000] | (a) For each licensee, this provision shall apply to Subpart H requirements as soon as the NRC approves that licensee's ISA Summary pursuant to § 70.66. For requirements other than Subpart H, this provision applies regardless of the status of the approval of a licensee's ISA Summary. (1) Backfitting is defined as the modification of, or addition to, systems, structures, or components of a facility; or to the procedures or organization required to operate a facility; any of which may result from a new or amended provision in the Commission rules or the imposition of a regulatory staff position interpreting the Commission rules that is either new or different from a previous NRC staff position. (2) Except as provided in paragraph (a)(4) of this section, the Commission shall require a systematic and documented analysis pursuant to paragraph (b) of this section for backfits which it seeks to impose. (3) Except as provided in paragraph (a)(4) of this section, the Commission shall require the backfitting of a facility only when it determines, based on the analysis described in paragraph (b) of this section, that there is a substantial increase in the overall protection of the public health and safety or the common defense and security to be derived from the backfit and that the direct and indirect costs of implementation for that facility are justified in view of this increased protection. (4) The provisions of paragraphs (a)(2) and (a)(3) of this section are inapplicable and, therefore, backfit analysis is not required and the standards in paragraph (a)(3) of this section do not apply where the Commission finds and declares, with appropriately documented evaluation for its finding, any of the following: (i) That a modification is necessary to bring a facility into compliance with Subpart H of this part; (ii) That a modification is necessary to bring a facility into compliance with a license or the rules or orders of the Commission, or into conformance with written commitments by the licensee; (iii) That regulat… | ||||
| 10:10:2.0.1.1.10.8.121.2 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | H | Subpart H—Additional Requirements for Certain Licensees Authorized To Possess a Critical Mass of Special Nuclear Material | § 70.61 Performance requirements. | NRC | [65 FR 56226, Sept. 18, 2000, as amended at 87 FR 20697, Apr. 8, 2022] | (a) Each applicant or licensee shall evaluate, in the integrated safety analysis performed in accordance with § 70.62, its compliance with the performance requirements in paragraphs (b), (c), and (d) of this section. (b) The risk of each credible high-consequence event must be limited. Engineered controls, administrative controls, or both, shall be applied to the extent needed to reduce the likelihood of occurrence of the event so that, upon implementation of such controls, the event is highly unlikely or its consequences are less severe than those in paragraphs (b)(1) through (4) of this section. High consequence events are those internally or externally initiated events that result in: (1) An acute worker dose of 1 Sv (100 rem) or greater total effective dose equivalent; (2) An acute dose of 0.25 Sv (25 rem) or greater total effective dose equivalent to any individual located outside the controlled area identified pursuant to paragraph (f) of this section; (3) An intake of 30 mg or greater of uranium in soluble form by any individual located outside the controlled area identified pursuant to paragraph (f) of this section; or (4) An acute chemical exposure to an individual from licensed material or hazardous chemicals produced from licensed material that: (i) Could endanger the life of a worker, or (ii) Could lead to irreversible or other serious, long-lasting health effects to any individual located outside the controlled area identified pursuant to paragraph (f) of this section. If an applicant possesses or plans to possess quantities of material capable of such chemical exposures, then the applicant shall propose appropriate quantitative standards for these health effects, as part of the information submitted pursuant to § 70.65 of this subpart. (c) The risk of each credible intermediate-consequence event must be limited. Engineered controls, administrative controls, or both shall be applied to the extent needed so that, upon implementation of such controls, the event is unlikely or its consequences a… | ||||
| 10:10:2.0.1.1.10.8.121.3 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | H | Subpart H—Additional Requirements for Certain Licensees Authorized To Possess a Critical Mass of Special Nuclear Material | § 70.62 Safety program and integrated safety analysis. | NRC | (a) Safety program. (1) Each licensee or applicant shall establish and maintain a safety program that demonstrates compliance with the performance requirements of § 70.61. The safety program may be graded such that management measures applied are graded commensurate with the reduction of the risk attributable to that item. Three elements of this safety program; namely, process safety information, integrated safety analysis, and management measures, are described in paragraphs (b) through (d) of this section. (2) Each licensee or applicant shall establish and maintain records that demonstrate compliance with the requirements of paragraphs (b) through (d) of this section. (3) Each licensee or applicant shall maintain records of failures readily retrievable and available for NRC inspection, documenting each discovery that an item relied on for safety or management measure has failed to perform its function upon demand or has degraded such that the performance requirements of § 70.61 are not satisfied. These records must identify the item relied on for safety or management measure that has failed and the safety function affected, the date of discovery, date (or estimated date) of the failure, duration (or estimated duration) of the time that the item was unable to perform its function, any other affected items relied on for safety or management measures and their safety function, affected processes, cause of the failure, whether the failure was in the context of the performance requirements or upon demand or both, and any corrective or compensatory action that was taken. A failure must be recorded at the time of discovery and the record of that failure updated promptly upon the conclusion of each failure investigation of an item relied on for safety or management measure. (b) Process safety information. Each licensee or applicant shall maintain process safety information to enable the performance and maintenance of an integrated safety analysis. This process safety information must include information pertaini… | |||||
| 10:10:2.0.1.1.10.8.121.4 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | H | Subpart H—Additional Requirements for Certain Licensees Authorized To Possess a Critical Mass of Special Nuclear Material | § 70.64 Requirements for new facilities or new processes at existing facilities. | NRC | (a) Baseline design criteria. Each prospective applicant or licensee shall address the following baseline design criteria in the design of new facilities. Each existing licensee shall address the following baseline design criteria in the design of new processes at existing facilities that require a license amendment under § 70.72. The baseline design criteria must be applied to the design of new facilities and new processes, but do not require retrofits to existing facilities or existing processes (e.g., those housing or adjacent to the new process); however, all facilities and processes must comply with the performance requirements in § 70.61. Licensees shall maintain the application of these criteria unless the analysis performed pursuant to § 70.62(c) demonstrates that a given item is not relied on for safety or does not require adherence to the specified criteria. (1) Quality standards and records. The design must be developed and implemented in accordance with management measures, to provide adequate assurance that items relied on for safety will be available and reliable to perform their function when needed. Appropriate records of these items must be maintained by or under the control of the licensee throughout the life of the facility. (2) Natural phenomena hazards. The design must provide for adequate protection against natural phenomena with consideration of the most severe documented historical events for the site. (3) Fire protection. The design must provide for adequate protection against fires and explosions. (4) Environmental and dynamic effects. The design must provide for adequate protection from environmental conditions and dynamic effects associated with normal operations, maintenance, testing, and postulated accidents that could lead to loss of safety functions. (5) Chemical protection. The design must provide for adequate protection against chemical risks produced from licensed material, facility conditions which affect the safety of licensed material, and hazardous chemicals… | |||||
| 10:10:2.0.1.1.10.8.121.5 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | H | Subpart H—Additional Requirements for Certain Licensees Authorized To Possess a Critical Mass of Special Nuclear Material | § 70.65 Additional content of applications. | NRC | (a) In addition to the contents required by § 70.22, each application must include a description of the applicant's safety program established under § 70.62. (b) The integrated safety analysis summary must be submitted with the license or renewal application (and amendment application as necessary), but shall not be incorporated in the license. However, changes to the integrated safety analysis summary shall meet the conditions of § 70.72. The integrated safety analysis summary must contain: (1) A general description of the site with emphasis on those factors that could affect safety ( i.e., meteorology, seismology); (2) A general description of the facility with emphasis on those areas that could affect safety, including an identification of the controlled area boundaries; (3) A description of each process (defined as a single reasonably simple integrated unit operation within an overall production line) analyzed in the integrated safety analysis in sufficient detail to understand the theory of operation; and, for each process, the hazards that were identified in the integrated safety analysis pursuant to § 70.62(c)(1)(i)-(iii) and a general description of the types of accident sequences; (4) Information that demonstrates the licensee's compliance with the performance requirements of § 70.61, including a description of the management measures; the requirements for criticality monitoring and alarms in § 70.24; and, if applicable, the requirements of § 70.64; (5) A description of the team, qualifications, and the methods used to perform the integrated safety analysis; (6) A list briefly describing each item relied on for safety which is identified pursuant to § 70.61(e) in sufficient detail to understand their functions in relation to the performance requirements of § 70.61; (7) A description of the proposed quantitative standards used to assess the consequences to an individual from acute chemical exposure to licensed material or chemicals produced from licensed materials which are on-site, or expected t… | |||||
| 10:10:2.0.1.1.10.8.121.6 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | H | Subpart H—Additional Requirements for Certain Licensees Authorized To Possess a Critical Mass of Special Nuclear Material | § 70.66 Additional requirements for approval of license application. | NRC | (a) An application for a license from an applicant subject to subpart H will be approved if the Commission determines that the applicant has complied with the requirements of §§ 70.21, 70.22, 70.23, and 70.60 through 70.65. (b) Submittals by existing licensees in accordance with § 70.62(c)(3)(i) will be approved if the Commission determines that: (1) The integrated safety analysis approach is in accordance with the requirements of §§ 70.61, 70.62(c)(1), and 70.62(c)(2); and (2) The schedule is in compliance with § 70.62(c)(3)(ii). (c) Submittals by existing licensees in accordance with § 70.62(c)(3)(ii) will be approved if the Commission determines that: (1) The requirements of § 70.65(b) are satisfied; and (2) The performance requirements in § 70.61 (b), (c) and (d) are satisfied, based on the information in the ISA Summary, together with other information submitted to NRC or available to NRC at the licensee's site. | |||||
| 10:10:2.0.1.1.10.8.121.7 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | H | Subpart H—Additional Requirements for Certain Licensees Authorized To Possess a Critical Mass of Special Nuclear Material | § 70.72 Facility changes and change process. | NRC | [65 FR 56226, Sept. 18, 2000, as amended at 71 FR 56346, Sept. 27, 2006] | (a) The licensee shall establish a configuration management system to evaluate, implement, and track each change to the site, structures, processes, systems, equipment, components, computer programs, and activities of personnel. This system must be documented in written procedures and must assure that the following are addressed prior to implementing any change: (1) The technical basis for the change; (2) Impact of the change on safety and health or control of licensed material; (3) Modifications to existing operating procedures including any necessary training or retraining before operation; (4) Authorization requirements for the change; (5) For temporary changes, the approved duration (e.g., expiration date) of the change; and (6) The impacts or modifications to the integrated safety analysis, integrated safety analysis summary, or other safety program information, developed in accordance with § 70.62. (b) Any change to site, structures, processes, systems, equipment, components, computer programs, and activities of personnel must be evaluated by the licensee as specified in paragraph (a) of this section, before the change is implemented. The evaluation of the change must determine, before the change is implemented, if an amendment to the license is required to be submitted in accordance with § 70.34. (c) The licensee may make changes to the site, structures, processes, systems, equipment, components, computer programs, and activities of personnel, without prior Commission approval, if the change: (1) Does not: (i) Create new types of accident sequences that, unless mitigated or prevented, would exceed the performance requirements of § 70.61 and that have not previously been described in the integrated safety analysis summary; or (ii) Use new processes, technologies, or control systems for which the licensee has no prior experience; (2) Does not remove, without at least an equivalent replacement of the safety function, an item relied on for safety that is listed in the integrated safety analysis sum… | ||||
| 10:10:2.0.1.1.10.8.121.8 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | H | Subpart H—Additional Requirements for Certain Licensees Authorized To Possess a Critical Mass of Special Nuclear Material | § 70.73 Renewal of licenses. | NRC | Applications for renewal of a license must be filed in accordance with §§ 2.109, 70.21, 70.22, 70.33, 70.38, and 70.65 of this chapter. Information contained in previous applications, statements, or reports filed with the Commission under the license may be incorporated by reference, provided that these references are clear and specific. | |||||
| 10:10:2.0.1.1.10.8.121.9 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | H | Subpart H—Additional Requirements for Certain Licensees Authorized To Possess a Critical Mass of Special Nuclear Material | § 70.74 Additional reporting requirements. | NRC | [65 FR 56226, Sept. 18, 2000, as amended at 79 FR 57725, Sept. 26, 2014] | (a) Reports to NRC Operations Center. (1) Each licensee shall report to the NRC Operations Center the events described in Appendix A to Part 70. (2) Reports must be made by a knowledgeable licensee representative and by any method that will ensure compliance with the required time period for reporting. (3) The information provided must include a description of the event and other related information as described in § 70.50(c)(1). (4) Follow-up information to the reports must be provided until all information required to be reported in § 70.50(c)(1) of this subpart is complete. (5) Each licensee shall provide reasonable assurance that reliable communication with the NRC Operations Center is available during each event. (b) Written reports. Each licensee that makes a report required by paragraph (a)(1) of this section shall submit a written follow-up report within 60 days of the initial report. The written report must be sent to the NRC's Document Control Desk, using an appropriate method listed in § 70.5(a), with a copy to the appropriate NRC regional office listed in appendix D to part 20 of this chapter. The reports must include the information as described in § 70.50(c)(2)(i) through (iv). | ||||
| 10:10:2.0.1.1.10.9.121.1 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | I | Subpart I—Modification and Revocation of Licenses | § 70.81 Modification and revocation of licenses. | NRC | [21 FR 764, Feb. 3, 1956, as amended at 35 FR 11461, July 17, 1970. Redesignated at 65 FR 56226, Sept. 18, 2000] | (a) The terms and conditions of all licenses shall be subject to amendment, revision, or modification by reason of amendments to the Atomic Energy Act of 1954, or by reason of rules, regulations or orders issued in accordance with the Act or any amendments thereto; (b) Any license may be revoked, suspended or modified for any material false statements in the application or any statement of fact required under section 182 of the Act or because of conditions revealed by such application or statement of fact or any report, record, or inspection or other means which would warrant the Commission to refuse to grant a license on an original application, or for failure to construct or operate a facility in accordance with the terms of the construction permit or license, the technical specifications in the application, or for violation of, or failure to observe any of the terms and conditions of the Act, or of any regulation of the Commission. (c) Upon revocation, suspension or modification of a license, the Commission may immediately retake possession of all special nuclear material held by the licensee. In cases found by the Commission to be of extreme importance to the national defense or security, or to the health and safety of the public, the Commission may recapture any special nuclear material held by the licensee prior to any of the procedures provided under section 551-558 of title 5 of the United States Code. (d) Except in cases of willfulness or those in which the public health, interest or safety requires otherwise, no license shall be modified, suspended or revoked unless, prior to the institution of proceedings therefor, facts or conduct which may warrant such action shall have been called to the attention of the licensee in writing and the licensee shall have been accorded opportunity to demonstrate or achieve compliance with all lawful requirements. | ||||
| 10:10:2.0.1.1.10.9.121.2 | 10 | Energy | I | 70 | PART 70—DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL | I | Subpart I—Modification and Revocation of Licenses | § 70.82 Suspension and operation in war or national emergency. | NRC | [21 FR 764, Feb. 3, 1956, as amended at 32 FR 4056, Mar. 15, 1967; 35 FR 11461, July 17, 1970. Redesignated at 65 FR 56226, Sept. 18, 2000] | Whenever Congress declares that a state of war or national emergency exists, the Commission, if it finds it necessary to the common defense and security may, (a) Suspend any license it has issued. (b) Order the recapture of special nuclear material. (c) Order the operation of any licensed facility. (d) Order entry into any plant or facility in order to recapture special nuclear material or to operate the facility. Just compensation shall be paid for any damages caused by recapture of special nuclear material or by operation of any facility, pursuant to this section. |
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chapter TEXT,
subchapter TEXT,
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