**NRC INSPECTION MANUAL** FSME

MANUAL CHAPTER 1303

REQUESTING EMERGENCY ACCEPTANCE OF RADIOACTIVE MATERIAL

BY THE U.S. DEPARTMENT OF ENERGY

1303-01 PURPOSE [1](#__RefHeading___Toc191795217)

1303-02 OBJECTIVE [1](#__RefHeading___Toc191795218)

1303-03 APPLICABILITY [1](#__RefHeading___Toc191795219)

1303-04 DEFINITIONS [1](#__RefHeading___Toc191795220)

04.01 [Inadequately-Controlled Radioactive Material]{.underline}
[1](#__RefHeading___Toc191795221)

04.02 [Emergency Situation]{.underline}
[1](#__RefHeading___Toc191795222)

1303-05 RESPONSIBILITIES AND AUTHORITIES
[1](#__RefHeading___Toc191795223)

05.01 [Director,]{.underline} [Division of Materials Safety and State
Agreements (MSSA)/FSME]{.underline} [2](#__RefHeading___Toc191795224)

05.02 [Chief,]{.underline} [Medical Safety and Events Assessment Branch
(MSEA)/FSME]{.underline} [2](#__RefHeading___Toc191795225)

05.03 [Chief, Source Safety and Security Branch, MSSA/FSME]{.underline}
[2](#__RefHeading___Toc191795226)

05.04 [Chief, State Agreements and Industrial Safety Branch,
MSSA/FSME]{.underline} [2](#__RefHeading___Toc191795227)

05.05 [Director,]{.underline} [Division of Spent Fuel Storage and
Transportation, NMSS]{.underline} [2](#__RefHeading___Toc191795228)

05.06 [Regional Administrators]{.underline}
[2](#__RefHeading___Toc191795229)

05.07 [Director, Office of International Programs (OIP)]{.underline}
[3](#__RefHeading___Toc191795230)

05.08 [Director, Office of Nuclear Security and Incident Response
(NSIR)]{.underline} [3](#__RefHeading___Toc191795231)

1303-06 BASIC REQUIREMENTS [3](#__RefHeading___Toc191795232)

06.01 [General Guidance]{.underline} [3](#__RefHeading___Toc191795233)

06.02 [Requesting Emergency Acceptance by DOE]{.underline}
[3](#__RefHeading___Toc191795234)

06.03 [Coordination and Follow-up]{.underline}
[4](#__RefHeading___Toc191795235)

EXHIBIT 1

INFORMATION FOR DOE REQUESTS E1-[1](#__RefHeading___Toc191795236)

ATTACHMENT 1

Revision History for IMC 1303 Att1-[1](#__RefHeading___Toc191795237)

1303-01 PURPOSE[]{#__RefHeading___Toc191795217 .anchor}

To establish procedures for NRC regional and headquarters staff to
request emergency assistance from the U.S. Department of Energy (DOE) in
retrieving and storing certain inadequately-controlled radioactive
materials.

1303-02 OBJECTIVE[]{#__RefHeading___Toc191795218 .anchor}

02.01 To ensure that requests for DOE emergency assistance are in
accordance with the memorandum of understanding (MOU), between the NRC
and DOE, concerning the management of sealed sources.

02.02 To ensure that requests for DOE emergency assistance applicable to
this Manual Chapter (MC) are in accordance with applicable guidance,
receive prompt and appropriate follow-up, and are properly documented.

1303-03 APPLICABILITY[]{#__RefHeading___Toc191795219 .anchor}

This MC applies to the Office of Nuclear Material Safety and Safeguards
(NMSS), the Office of Federal and State Materials and Environmental
Management Programs (FSME), the Office of International Programs (OIP),
the Office of Nuclear Security and Incident Response (NSIR), and the NRC
Regional offices. This MC is not applicable to incidents that are
outside the scope of MC 1301, AResponse to Radioactive Material
Incidents that do not Require Activation of the U.S. Nuclear Regulatory
Commission Incident Response Plan.@ Radioactive material that is not
covered under the Atomic Energy Act of 1954, as amended (AEA) is not
applicable to this MC, unless the material is not separable from AEA
material for which DOE assistance is also being requested. This MC is
applicable to inadequately-controlled radioactive material, at licensed
or unlicensed facilities, that requires prompt removal to ensure
adequate protection of the public health and safety. Only incidents and
materials described in the MOU are applicable to this MC.

1303-04 DEFINITIONS[]{#__RefHeading___Toc191795220 .anchor}

04.01 [Inadequately-Controlled Radioactive
Material]{.underline}[]{#__RefHeading___Toc191795221 .anchor}. (1)
Byproduct, source or special nuclear material in the possession of a
person who is not authorized by a license, issued by the NRC or an
Agreement State, to possess the material. Examples of
inadequately-controlled radioactive material include abandoned sources
(or sources in imminent danger of abandonment), and material in the
possession of non-licensees, such as members of the public. (2)
Inadequately-controlled radioactive material can include material, that
is in the possession of a person who is authorized by a license (issued
by the NRC or an Agreement State), to possess the material, but for
which NRC or an Agreement State has determined poses a significant
health and safety risk, or security risk.

04.02 [Emergency Situation]{.underline}[]{#__RefHeading___Toc191795222
.anchor}. For the purpose of requesting emergency acceptance by DOE, an
emergency situation is one in which radioactive material is causing, or
has a high potential to cause, a significant health and safety risk, or
security risk. An emergency situation under this MC differs from an
emergency incident as defined in MC 1301 in that an emergency situation
may not require activation of the NRC Incident Response Plan in
Management Directive (MD) 8.2.

1303-05 RESPONSIBILITIES AND AUTHORITIES[]{#__RefHeading___Toc191795223
.anchor}

The responsibilities and authorities discussed below are in addition to,
and do not lessen or replace the responsibilities and authorities in MC
1301.

05.01 [Director, Division of Materials Safety and State Agreements
(MSSA)/FSME]{.underline}[]{#__RefHeading___Toc191795224 .anchor}

a.  Reviews and approves all requests for DOE emergency acceptance of
    radioactive material, and forwards the requests and supporting
    information to DOE.

b.  Develops guidance for the preparation of requests for DOE emergency
    acceptance of licensed material, and develops and administers the
    program for NRC follow-up actions to these requests.

05.02 [Chief, Medical Safety and Events Assessment Branch
(MSEA)/FSME]{.underline}[]{#__RefHeading___Toc191795225 .anchor}

a.  Receives and coordinates requests for DOE emergency acceptance of
    radioactive material in accordance with this MC.

b.  Determines whether requests for DOE emergency assistance: 1) are in
    accordance with applicable guidance; 2) meet the criteria specified
    in this MC and the June 18, 1999, MOU between NRC and DOE; 3)
    require additional supporting information or follow-up; and 4) can
    be forwarded to DOE for action.

c.  Prepares letters requesting DOE emergency acceptance of radioactive
    material, for signature by the Director, MSSA.

d.  Prepares requests for DOE emergency assistance when NRC management
    decides the incident would be better handled by MSSA to ensure a
    coordinated response among the various parties involved (e.g.,
    requests involving several regional offices, other Federal Agencies,
    or international entities). Assigns a point-of-contact for
    coordination of MSSA initiated requests for DOE emergency assistance
    with radioactive material.

e.  Coordinates requests for DOE emergency assistance and applicable
    follow-up activities with State, local, and Tribal organizations.
    Establishes an Agreement State point-of-contact, for coordination of
    requests for DOE emergency retrieval of radioactive material when
    the incident involves material in an Agreement State. Assists
    Agreement State in preparing requests for DOE emergency assistance
    in accordance with guidance established by MSSA, when the incident
    involves material in an Agreement State.

05.03 [Chief, Source Safety and Security Branch, MSSA/FSME]{.underline}
[.]{.underline} Provides assistance, as requested, with issues related
to security of radioactive materials.

05.04 [Chief, State Agreements and Industrial Safety Branch,
MSSA/FSME]{.underline} [.]{.underline} Provides assistance, as
requested, with issues related to industrial applications of radioactive
materials. Provides assistance, as requested, with issues involving
Agreement State requests for assistance.

05.05 [Director, Division of Spent Fuel Storage and Transportation,
NMSS]{.underline}[]{#__RefHeading___Toc191795228 .anchor}[.]{.underline}
Provides assistance, as requested, with issues related to requests for
assistance involving the transportation of radioactive materials.

05.06 [Regional
Administrators]{.underline}[]{#__RefHeading___Toc191795229 .anchor}

a.  Prepare requests for DOE emergency assistance in accordance with
    guidance established by MSSA, and refer questions on source recovery
    policy matters to MSEA for resolution.

b.  Assign a regional point-of-contact for coordination of requests for
    DOE emergency retrieval of radioactive material.

05.07 [Director, Office of International Programs
(OIP)]{.underline}[]{#__RefHeading___Toc191795230 .anchor}. Coordinates
with the U.S. State Department, International Atomic Energy Agency,
foreign governments, and other international groups, and acts as the
interface for the international aspects of requests involving
international entities or having international implications.

05.08 [Director, Office of Nuclear Security and Incident Response
(NSIR)]{.underline} [.]{.underline}

a.  Provides assistance, as requested, with issues involving security as
    related to material covered under this MC.

b.  Prepares requests for DOE emergency assistance in accordance with
    guidance established by MSSA, when the basis for the request is
    primarily a security concern.

c.  Refers questions on source recovery policy matters to MSEA for
    resolution.

d.  Assigns an NSIR point-of-contact for coordination of requests for
    DOE emergency retrieval of radioactive material when the basis for
    the request is primarily a security concern.

1303-06 BASIC REQUIREMENTS[]{#__RefHeading___Toc191795232 .anchor}

06.01 [General Guidance]{.underline}[]{#__RefHeading___Toc191795233
.anchor}

a.  Guidance for immediate response actions are contained in NUREG-0728,
    ANRC Incident Response Plan,@ and MC 1301, AResponse to Radioactive
    Material Incidents That Do Not Require Activation of the NRC
    Incident Response Plan.@

b.  Incidents and materials applicable to this MC are described in the
    June 18, 1999, MOU between NRC and DOE. In general, this procedure
    is intended for situations involving discrete sources at a single
    location, or locations that are closely related geographically or
    functionally. As specified in the MOU, other situations and
    materials will be evaluated on a case-by-case basis. Situations or
    materials outside the conditions of the MOU should be discussed with
    MSEA before a formal request is prepared. For such cases, a
    preliminary determination of acceptability will be made either based
    on previous case histories, or following consultation with DOE.

c.  Inadequately-controlled radioactive material traceable to a DOE
    facility or prime contractor will not normally require a request
    under this MC. These materials will typically be accepted by DOE in
    response to requests made directly from the State.

d.  NRC shall always make the initial request to DOE for emergency
    acceptance of material licensed by NRC or an Agreement State.
    Agreement States should not make requests for emergency assistance,
    applicable to this MC, directly to DOE.

06.02 [Requesting Emergency Acceptance by
DOE]{.underline}[]{#__RefHeading___Toc191795234 .anchor}

a.  Regions, NSIR, and Agreement States considering requesting DOE
    emergency assistance may contact the Chief, MSEA, or the Orphan
    Source Project Manager in MSEA. Formal requests from the regions
    shall be submitted to the Orphan Source Project Manager in MSEA.
    Agreement States shall contact Orphan Source Project Manager in MSEA
    prior to submitting a formal request.

b.  Regions, NSIR, other NMSS or FSME Divisions, and Agreement States
    must provide the following information for MSEA to evaluate DOE
    emergency assistance requests: 1) a brief description of the
    incident, the current status, and a summary chronology of events
    leading up to the request; 2) the immediate health and safety threat
    posed by the material; 3) results of actions taken to determine that
    other reasonable alternatives do not exist or are not feasible
    (including examination of licensee financial issues and
    determination of the existence of financial assurance instruments
    that could be applied); 5) justification that the situation warrants
    emergency recovery; and 6) the information outlined in Exhibit 1.

c.  When all the above information is received by MSEA, and determined
    to be sufficient to request DOE assistance, the Orphan Source
    Project Manager in MSEA shall prepare a letter to DOE requesting
    that DOE accept management of the material, and forwarding a summary
    of the information listed above.

d.  All requests for DOE emergency acceptance of radioactive material
    shall be signed by the Director, MSSA, or an alternate designated
    official.

06.03 [Coordination and
Follow-up]{.underline}[]{#__RefHeading___Toc191795235 .anchor}

a.  DOE will contact the appropriate DOE National Laboratory, regional
    office, facility, or DOE contractor to arrange for the management of
    the material. DOE staff or contract representative(s) from the
    applicable facility will work directly with the designated
    Region/NSIR/NMSS or FSME Division/State point-of-contact (POC) and
    the facility in which the material is located to make detailed
    arrangements for the pick-up. The POC and DOE are to keep the Orphan
    Source Project Manager in MSEA updated on current status of
    activities.

b.  After acceptance by DOE, the POC shall document the chronology of
    events including dates and times, ultimate disposition of the
    material, names of individuals involved (including any individuals
    associated with the pick-up by DOE), and any other pertinent
    information. This chronology is to be sent to the Orphan Source
    Project Manager in MSEA.

END

Exhibit:

1\. Information for DOE requests.

EXHIBIT 1

INFORMATION FOR DOE REQUESTS[]{#__RefHeading___Toc191795236 .anchor}

**[General:]{.underline}**

[Office/Division, Region (RI, RII, RIII, RIV), or State initiating
request:]{.underline}

[Point-of-Contact:]{.underline}

[Phone/Fax/Email:]{.underline}

[Possessor\'s Name (Company or Individual):]{.underline}

[Contact Name (possessor):]{.underline}

[Phone/Fax/Email:]{.underline}

[Possessor=s Address:]{.underline}

[Exact location of material (address, if different than above, and
location within facility):]{.underline}

[Describe the current security of the material (e.g., in a locked room,
file cabinet, etc.):]{.underline}

[Additional Notes:]{.underline}

Regional/State Reviewer: Date:

**IMPORTANT: IF THE MATERIAL IS POSSESSED BY A LICENSEE NO LONGER ABLE
TO ADEQUATELY CONTROL IT, YOU MUST ATTACH A COPY OF THE LICENSE LISTING
THE MATERIAL.**

**[Device and Source Details:]{.underline}**

Include as much information as possible for each discrete source or
device. Attach additional sheets as necessary.

[Source List]{.underline}:

  --- ---------------------------- --------- --------------- ---------------
      Form of Material (ceramic    Nuclide   Activity        Assay Date
      matrix, pellets, etc.)                                 

  1                                                          

  2                                                          

  3                                                          
  --- ---------------------------- --------- --------------- ---------------

[Provide the waste classification of the material in accordance with 10
CFR 61.55:]{.underline}

\[The Branch Technical Position (BTP) on Waste Concentration Averaging
should be considered when determining the waste classification
(ML033630732)\]

[For devices, provide the total weight (in pounds or kilograms) of any
depleted uranium used as shielding:]{.underline}

[For Neutron Sources, provide Target Element \[e.g., Beryllium
(Be)\]:]{.underline}

[If the material is possessed by a licensee that will provide for the
transport of the material to DOE, provide a description of the approved
transportation package and any special handling tools necessary to
remove the material from the transport package:]{.underline}

A. [Device Containing a Sealed Source]{.underline}: Information must be
provided for each device. Attach engineering drawings, photographs,
specifications, descriptions, etc., as available. Complete Section B for
the sealed source. If more than one device, attach additional sheets or
repeat Section A block as necessary.

Device Manufacturer:

Device Model Number:

Device Serial Number:

SSD Device Registration Certificate Number (if known):

Date of manufacture or age of device (if known):

Weight of device (including any DU shielding):

Physical dimensions of device:

Device condition: Damaged: Intact: Contaminated (isotope):

B. [Sealed Source]{.underline}: Information must be provided for each
source. Attach engineering drawings, photographs, specifications,
descriptions, etc., as available. If more than one source, attach
additional sheets or repeat Section A block as necessary.

Is this sealed source associated with the device above (specify device
if more than one)? Sealed Source Manufacturer:

Sealed Source Model Number:

Sealed Source Serial Number:

SSD Source Registration Certificate Number (if known):

Is the source special form (if known)?

Physical Dimensions of source/source holder:

Date of manufacture or age of source (if known):

Isotope:

Assay Date:

Activity:

IAEA Source Categorization (at time of request):

Source condition: Leaking: Damaged: Intact:

**Attach most recent leak test results (within last 6 months), if
available:**

**IMPORTANT: The owner of the material should make in a letter,** **or
be prepared to make upon DOE receipt,** **the following certification
(including the warning statement).**

I, the undersigned, certify the transfer of ownership to the U.S.
Department of Energy (DOE) of \[clearly identify material\], and assert
that the radioactive material has not been acquired solely to make it
eligible for acceptance by the DOE.

I certify that this application is prepared in conformity with Title 10,
Code of Federal Regulations, Parts \[list applicable parts, i.e., 30,
31, 32, 33, 34, 35, 36, 39, 40, and 70\] and that all information,
contained herein, is true and correct to the best of my knowledge and
belief.

SIGNATURE OF CERTIFYING OFFICER:

DATE:

NAME (TYPE OR PRINT):

TITLE (TYPE OR PRINT):

WARNING: 18 U.S.C. Section 1001, Act of June 25, 1948, 62 Stat.749 makes
it a criminal offense to make a willfully false statement or
representation to any Department or Agency of the United States as to
any matter within its jurisdiction.

END

ATTACHMENT 1

Revision History for IMC 1303[]{#__RefHeading___Toc191795237 .anchor}

+--------+----------+---------------+----------+---------+------------+
| Comm   | Issue    | Description   | Training | T       | Comment    |
| itment | Date     | of Change     | Needed   | raining | Resolution |
| Tr     |          |               |          | Com     | Accession  |
| acking |          |               |          | pletion | Number     |
| Number |          |               |          | Date    |            |
+--------+----------+---------------+----------+---------+------------+
| N/A    | 11       | Update to     | None     | N/A     | M          |
|        | /29/2007 | reflect       |          |         | L072280208 |
|        |          | re            |          |         |            |
|        | CN       | organization, |          |         |            |
|        | 07-037   | and to        |          |         |            |
|        |          | reflect that  |          |         |            |
|        |          | the program   |          |         |            |
|        |          | applies to    |          |         |            |
|        |          | recovery of   |          |         |            |
|        |          | sources based |          |         |            |
|        |          | on security   |          |         |            |
|        |          | concerns      |          |         |            |
+--------+----------+---------------+----------+---------+------------+