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Information Notice No. 94-21: Regulatory Requirements When No Operations are Being Performed

UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS

WASHINGTON, D.C. 20555

March 18, 1994

NRC INFORMATION NOTICE 94-21: REGULATORY REQUIREMENTS WHEN NO OPERATIONS ARE

BEING PERFORMED

Addressees

All fuel cycle and materials licensees.

Purpose

The U.S. Nuclear Regulatory Commission is issuing this information notice to

remind addressees that all regulatory requirements must be satisfied even when

no operations are being performed. It is expected that recipients will review

this information for applicability to their operations and consider actions,

as appropriate, to avoid violations of regulatory requirements.

Description of Circumstances

On June 26, 1990, NRC received allegations of safety violations concerning a

service company that was licensed to handle and transport radioactive material

for its customers. During a followup NRC investigation, the licensee claimed

that it was working under the license of its customers, and not under its own

license. The licensee viewed its license as "inactive" because activities

were not being performed under that authorization. After an extensive

investigation, the licensee was cited for seven violations including failure

to have an NRC-approved radiation safety officer (RSO) for a period of time,

and failure of the radiation safety committee to review all licensed

activities.

Discussion

NRC issues licenses for many types of operations, including service companies

that may only perform licensed activities for short periods of time at

temporary job sites. Many licensees experience slow periods where their

workers are inactive, but there is no such thing as an inactive license. Most

licenses have a condition similar to the following:

"Except as specifically provided otherwise in this license, the

licensee shall conduct its program in accordance with the

statements, representations, and procedures contained in the

documents, including any enclosures, listed below. The NRC's

regulations shall govern unless the statements, representations,

and procedures in the licensee's application and correspondence

are more restrictive than the regulations.

(Application and correspondence listed chronologically.)"

9403140010. IN 94-21

 March 18, 1994

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The radiation safety programs required by NRC regulations and license

conditions must be maintained in an active state while the license is in

effect. Without a license amendment, a licensee may not suspend required

radiation safety programs and then attempt to re-establish these programs at a

later date. The license must be amended to authorize such program changes.

Licensees should remain competent to undertake activities authorized by their

license if they want to maintain their authorization to perform those

activities.

Actions to maintain an active radiation safety program include the following:

A.Maintaining qualified personnel in key positions (i.e., RSO, radiation

safety committee members, etc.).

B.Holding required safety committee meetings.

C.Performing required maintenance and calibration of safety equipment.

D.Completing required training (including periodic retraining).

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E.Maintaining required signs, labels, and postings.

F.Completing required monitoring and surveillance.

G.Maintaining required records.

This information notice requires no specific action or written response. It

is expected that recipients will consider actions, as appropriate, to avoid

violations of regulatory requirements. If you have any questions about the

information in this notice, please contact the technical contact listed below

or the appropriate regional office.

/s/'d by RFBurnett/s/'d by CJPaperiello

Robert F, Burnett, Director Carl J. Paperiello, Director

Division of Fuel Cycle Safety Division of Industrial and

 and Safeguards Medical Nuclear Safety

Office of Nuclear Material Safety Office of Nuclear Material Safety

 and Safeguards and Safeguards

Technical contact: Kevin M. Ramsey, NMSS

 (301) 504-2534

Attachments:

1. List of Recently issued NMSS Information Notices

2. List of Recently issued NRC Information Notices

Page Last Reviewed/Updated Friday, May 22, 2015

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