Answer to Question #130 Submitted to "Ask the Experts"

Q

Must an NRC licensee report the loss of a 10CFR31.3 Po-210 static eliminator? Per 10CFR20.2201? Why or why not? This is a graded approach question because the device is low dose and already accessable to the general public with basically no controls.

A

My understanding (based on conversations with regulators and regulated alike) is that loss of generally licensed materials by licensees still must be reported. In fact, I had one regulator tell me that Region I's interpretation was that even exempt quantities had to be reported as lost if they belonged to a licensee. Apparently the philosophy is that a licensee is responsible for ALL radioactive material received, even if generally licensed. One rationale for this is that, if contamination above release limits is found in an uncontrolled area or if radioactive material is found in a dumpster nobody is going to try to find a pedigree for the material to see if it was licensed, generally licensed, or exempt. On the other hand, I have also been told that exempt material is exempt no matter who holds it.

In the case of the static eliminator that's generally licensed you should also check to see who owns it. We have several here, but they're all leased. We haven't lost any, however, so I don't know what the outcome of that would be.

The bottom line is that my understanding is that a licensee is responsible for all radioactive materials received. Hope this helps.

Andrew Karam, CHP
University of Rochester