15A NCAC 11 .0343. TRANSFER OF MATERIAL

(a)  No licensee shall transfer radioactive material except as authorized pursuant to this Section.

(b)  Except as otherwise provided in his license and subject to the provisions of Paragraphs (c), (d) and (e) of this Rule any licensee may transfer radioactive material to:

(1)           the agency;

(2)           the U.S. Department of Energy;

(3)           any person exempt from the rules in this Section to the extent permitted under the exemption;

(4)           any person authorized to receive the radioactive material under terms of a general license or its equivalent, or a specific license or equivalent licensing document, issued by the agency, the U.S. Nuclear Regulatory Commission, or an agreement state, or any person otherwise authorized to receive the radioactive material by the federal government or any agency thereof, the agency, or an agreement state; or

(5)           as otherwise authorized by the agency in writing.

(c)  A licensee may transfer material to the agency only after receiving prior approval from the agency.

(d)  Before transferring radioactive material to a specific licensee of the agency, the U.S. Nuclear Regulatory Commission, or an agreement state, or to a general licensee who is required to register with the agency, the U.S. Nuclear Regulatory Commission, or an agreement state prior to receipt of the radioactive material, the licensee transferring the material shall verify that the transferee's license authorizes the receipt of the type, form, and quantity of radioactive material to be transferred.

(e)  The following methods for the verification required by Paragraph (d) of this Rule are acceptable:

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

(2)           The transferor may have in his possession a written certificate by the transferee that he 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;

(3)           For emergency shipments the transferor may accept oral certification by the transferee that he 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 the oral certification is confirmed in writing within 10 days after the date of the oral certification;

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

(5)           When none of the methods of verification described in this Rule are readily available or when a transferor desires to verify that information received by one of the methods is correct or updated, the transferor may obtain and record confirmation from the agency, the U.S. Nuclear Regulatory Commission, or the licensing agency of an agreement state that the transferee is licensed to receive the radioactive material.

(f)  Preparation for shipment and transport of radioactive material shall be in accordance with the provisions of Rule .0346 of this Section.

 

History Note:        Filed as a Temporary Amendment Eff. August 20, 1994 for a period of 180 days or until the

permanent rule becomes effective, whichever is sooner;

Authority G.S. 104E‑7; 104E‑10(b);

Eff. February 1, 1980;

Amended Eff. May 1, 1995; May 1, 1993; June 1, 1989.