180 Neb. Admin. Code, ch. 3, § 025

Current through September 17, 2024

Section 180-3-025 - TRANSFER OF MATERIAL

This section addresses the transfer of material.

025.01LIMITATIONS. No licensee may transfer radioactive material other than as authorized according to 180 NAC 3-025.

025.02AUTHORIZATION FOR TRANSFER. Except as otherwise provided in his or her license and subject to the provisions of 180 NAC 3-025.03 and 3-025.04, any licensee may transfer radioactive material:

(A) To the Department, only after receiving prior approval;

(B) To the U.S. Department of Energy;

(C) To any person exempt from the regulations to the extent permitted under such exemption;

(D) To any person authorized to receive such material under terms of a general license or its equivalent, or a specific license or equivalent licensing document, issued by the Department, the U.S. Nuclear Regulatory Commission (NRC), or any Agreement State, or to any person otherwise authorized to receive such material by the Federal Government or any agency thereof, the Department, or any Agreement State;

(E) As otherwise authorized by the Department in writing; or

(F) To the agency in any Agreement State which regulates radioactive material according to an agreement under § 274 of the Atomic Energy Act of 1954.

025.03VERIFICATION OF TRANSFEREE'S LICENSE. Before transferring radioactive material to a specific licensee of the Department, the U.S. Nuclear Regulatory Commission (NRC), or an Agreement State, or to a general licensee who is required to register with the Department, the U.S. Nuclear Regulatory Commission (NRC), or an Agreement State prior to receipt of the radioactive material, the licensee transferring the material must verify that the transferee's license authorizes the receipt of the type, form, and quantity of radioactive material to be transferred.

025.04METHODS OF TRANSFEREE LICENSE VERIFICATION. The following methods for the verification required by 180 NAC 3-025.03 are acceptable:

(A) The transferor may have in their possession, and read, a current copy of the transferee's specific license or registration certificate;

(B) The transferor may have in their possession a written certification by the transferee that the person is authorized by license or registration certificate to receive the type, form, and quantity of radioactive material to be transferred, specifying the license or registration certificate number, issuing agency, and expiration date;

(C) For emergency shipments the transferor may accept oral certification by the transferee that the person is authorized by license or registration certificate to receive the type, form, and quantity of radioactive material to be transferred, specifying the license or registration certificate number, issuing agency, and expiration date; provided, that the oral certification is confirmed in writing within ten days;

(D) The transferor may obtain other sources of information compiled by a reporting service from official records of the Department, the U.S. Nuclear Regulatory Commission (NRC), the licensing agency of an Agreement State as to the identity of licensees and the scope and expiration dates of licenses and registration; or

(E) When none of the methods of verification described in 180 NAC 3-025.04(A) through (D) are readily available or when a transferor desires to verify that information received by one of such methods is correct or up-to-date, the transferor may obtain and record confirmation from the Department, the U.S. Nuclear Regulatory Commission (NRC), or the licensing agency of an Agreement State that the transferee is licensed to receive the radioactive material.

025.05PREPARATION FOR SHIPMENT AND TRANSPORT. Preparation for shipment and transport of radioactive material must be accordin to the provisions of 180 NAC 13.

180 Neb. Admin. Code, ch. 3, § 025

Amended effective 6/15/2021