UNITED STATES 

NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS

WASHINGTON, D.C. 20555

July 6, 2006

NRC INFORMATION NOTICE 2006-12: EXERCISING DUE DILIGENCE WHEN

TRANSFERRING RADIOACTIVE MATERIALS 

ADDRESSEES

All material licensees.

PURPOSE

The U.S. Nuclear Regulatory Commission (NRC) is issuing this Information Notice (IN) to alert

licensees to the due diligence that should continue to be exercised before and during transfer of

radioactive material. It is expected that the recipients will review the information for applicability

to their radiation safety programs, and consider actions, as appropriate. However,

recommendations contained in this IN do not contain new NRC requirements; therefore, no

specific action nor written response is required.

DESCRIPTION OF CIRCUMSTANCES

Since September 11, 2001, NRC has particularly emphasized the security and control of

radioactive materials, because of the risk associated with their potential use in malevolent

activities. It has taken aggressive measures through a graded, risk-informed approach, to issue

Orders for licensees that are authorized to possess risk-significant quantities of radioactive

material [i.e., those radionuclides and quantities, described as Category 2 and above, by the

International Atomic Energy Agency (IAEA), in its “Code of Conduct on Safety and Security of

Radioactive Sources”].

In addition, all NRC licensees are subject to the regulatory requirements, in 10 CFR Parts 30,

40, and 70, when transferring any byproduct, source, or special nuclear material, respectively. 

In particular, the regulations specify that licensees shall verify that the transferee’s (i.e., the

recipient’s) license authorizes the receipt of the type, form, and quantity of material to be

transferred. This IN is alerting licensees to exercise extra caution to ensure that only legitimate,

licensed entities are on the receiving end of transfers of licensed material. The following

discussion illustrates considerations that should be taken into account when a transfer of

licensed material occurs.

DISCUSSION

A licensee seeking to transfer licensed material must verify that the transferee's license

authorizes the receipt of the type, form, and quantity of material to be transferred, pursuant to

10 CFR Parts 30.41(c), 40.51(c), and 70.42(c). This verification, before transfer, ensures that

the recipient is aware of the regulatory requirements associated with the receipt and possession

ML061720214
 IN 2006-12

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of the material. This also provides a level of security that the material will be used as intended,

and not for malevolent purposes. Both the transferor and transferee may be subject to

enforcement actions in cases where a licensee transfers licensed material to unlicensed or

unauthorized entities. 

When transferring material to a licensed recipient, the transferor must verify that the recipient

possesses a license authorizing the receipt of the material. Section 10 CFR Parts 30.41(d),

40.51(d), and 70.42(d) provide acceptable methods for such verification.

Transferors may encounter situations when extra care is warranted. For instance, when a long

time has transpired since the last transfer or, any time there is a change in procedure or routine

that stimulates suspicion, a licensee transferring material should pursue further information to

alleviate the concern. Changes in routine could include: 1) a significant increase in the quantity

of material ordered; 2) a change in location where the material is delivered; 3) a change in type

or form of material; or 4) a change in key personnel, without prior notice. Any of these changes

could be (and generally are) legitimate, but they could also be precursors to the diversion of

materials for other than their authorized use. In the event that any of these changes in routine

occur, you may contact the NRC or licensing agency of an Agreement State with any concerns

regarding the legitimacy of the license.

RELATED GENERIC COMMUNICATIONS

NRC Information Notice 98-06, “Unauthorized Use of License to Obtain Radioactive Materials,

and Its Implications under the Expanded Title 18 of the U.S. Code,” describes an unauthorized

use of a broad-scope academic medical license to obtain radioactive materials.

CONTACT

This information notice requires no specific action nor written response. If you have any

questions about the information in this IN, please contact the technical contact listed below or

the appropriate regional office.

/RA/

Charles L. Miller, Director

Division of Industrial 

 and Medical Nuclear Safety

Office of Nuclear Material Safety 

 and Safeguards

Technical Contact: Joseph E. DeCicco, NMSS

 (301) 415-7833

 E-mail: jxd1@nrc.gov

Enclosure: List of Recently Issued NMSS 

 Generic Communications
IN 2006-12

Page 1 of 1

Enclosure

Recently Issued NMSS Generic Communications

Date GC No. Subject Addressees

04/23/06 RIS-06-10 Use of Concentration Control for

Criticality Safety

All licensees authorized to possess a

critical mass of special nuclear material.

01/26/06 RIS-02-15,

Rev. 1

NRC Approval of Commercial Data

Encryption Products For the

Electronic Transmission Of

Safeguards Information

All authorized recipients and holders of

sensitive unclassified safeguards

information (SGI).

01/24/06 RIS-06-01 Expiration Date for NRC-Approved

Spent Fuel Transportation Routes

The U.S. Nuclear Regulatory Commission

(NRC) licensees who transport, or deliver

to a carrier for transport, irradiated reactor

fuel (spent nuclear fuel (SNF)).

01/13/06 RIS-05-27,

Rev. 1

NRC Regulatory Issue Summary

2005-27, Rev. 1, NRC Timeliness

Goals, Prioritization of Incoming

License Applications and Voluntary

Submittal of Schedule for Future

Actions for NRC Review

All 10 CFR Parts 71 and 72 licensees and

certificate holders.

06/12/06 IN-06-11 Applicability of Patient Intervention

in Determining Medical Events for

Gamma Stereotactic Radiosurgery

and Other Therapy Procedures

All medical licensees.

03/31/06 IN-06-07 Inappropriate Use of a Singleparameter Limit as a Nuclear

Criticality Safety Limit

All licensees authorized to possess a

critical mass of special nuclear material.

03/21/06 IN-02-23,

Supl. 1

Unauthorized Administration of

Byproduct Material for Medical Use

All medical licensees.

01/19/06 IN-06-02 Use of Galvanized Supports and

Cable Trays with Meggitt Si 2400

Stainless- Steel-jacketed Electrical

Cables

All holders of operating licenses for

nuclear reactors except those who have

permanently ceased operations and have

certified that fuel has been permanently

removed from the reactor vessel; and fuel

cycle licensees and certificate holders.

Note: NRC generic communications may be found on the NRC public website at http://www.nrc.gov, under Electronic

Reading Room/Document Collections.