Section 157.94. Operating controls and procedures.

 

(1)   Routine determinations. Prior to each shipment of licensed material, a licensee shall determine all the following:

(a) The package is proper for the contents to be shipped.

(b) The package is in unimpaired physical condition except for superficial defects such as marks or dents.

(c) Each closure device of the packaging, including any required gasket, is properly installed and secured and free of defects.

(d) Any system for containing liquid is adequately sealed and has adequate space or other specified provision for expansion of the liquid.

(e) Any pressure relief device is operable and set under written procedures established by the carrier or licensee.

(f) The package has been loaded and closed under written procedures established by the carrier or licensee.

(g) For fissile material, any moderator or neutron absorber, if required, is present and in proper condition.

(h) Any structural part of the package that may be used to lift or tie down a package during transport is rendered inoperable unless it satisfies design requirements specified by the NRC.

(i) The level of removable radioactive contamination on the external surfaces of each package offered for shipment is as low as reasonably achievable and does not exceed the levels specified in 49 CFR 173.443 .

(j) External radiation levels around the package and around the vehicle do not exceed the limits specified in 49 CFR 173.441 .

(k) Accessible package surface temperatures will not exceed the limits specified in 10 CFR 71.43 (g) at any time during transportation.

(2)   Air transport of plutonium. Notwithstanding the provisions of any general licenses and notwithstanding any exemptions stated directly in this section or included indirectly by citation of the U.S. department of transportation regulations, a licensee may not transport or deliver plutonium in any form by air, or deliver to a carrier for air transport, except under any of the following conditions:

(a) The plutonium is contained in a medical device designed for individual human application.

(b) The plutonium is contained in a material in which the specific activity is less than or equal to the activity concentration values for plutonium specified in Appendix O, Table VII and in which the radioactivity is essentially uniformly distributed.

(c) The plutonium is shipped in a single package containing no more than an A 2 quantity of plutonium in any isotope or form and is shipped as provided in s. DHS 157.92 (3) .

(d) The plutonium is shipped in a package specifically authorized in a certificate of compliance issued by the nuclear regulatory commission for the shipment of plutonium by air, and the licensee requires, through special arrangement with the carrier, compliance with 49 CFR 175.704 .

(3)   Shipment records. A licensee shall maintain for a period of 3 years after shipment a record of each shipment of licensed material not exempt under s. DHS 157.92 (2) , showing all of the following:

(a) Identification of the packaging by model number and serial number.

(b) Verification that the packaging, as shipped, had no significant defect.

(c) Volume and identification of coolant.

(d) Type and quantity of licensed material in each package and the total quantity of each shipment.

(e) Date of the shipment.

(f) Name and address of the transferee.

(g) Address to which the shipment was made.

(h) Results of the determinations required by sub. (1) and by the conditions of the package approval.

(4)   Reports. A licensee shall provide a written report to the department within 30 days of any of the following:

(a) Any instance in which there is significant reduction in the effectiveness of any packaging during use.

(b) Details of any defects with safety significance in the packaging after first use, and the means employed to repair the defects and prevent their recurrence.

(c) Instances in which the conditions of approval in the certificate of compliance were not observed in making a shipment.

(5)   Advance notification of transport of nuclear waste.

(a) Prior to the transport of any nuclear waste meeting the criteria in par. (b) outside of the confines of the licensee's facility or other place of use or storage, or prior to the delivery of any nuclear waste to a carrier for transport, each licensee shall provide advance notification of the transport to the governor, or governor's designee, and to the department.

(b) Advance notification is required under any of the following conditions:

1. The nuclear waste is required to be in Type B packaging for transportation.

2. The nuclear waste is being transported through Wisconsin en route to a disposal facility or to a collection point for transport to a disposal facility.

3. The quantity of licensed material in a single package exceeds any of the following criteria:

a. Three thousand times the A 1 value of the radionuclides as specified in Appendix O, Table VI for special form radioactive material.

b. Three thousand times the A 2 value of the radionuclides as specified in Appendix O, Table VI for normal form radioactive material.

c. One thousand terabecquerel (27,000 Ci).

(c) Each advance notification required by par. (a) shall contain all the following information:

1. The name, address and telephone number of the shipper, carrier and receiver of the shipment.

2. A description of the nuclear waste contained in the shipment as required under 49 CFR 172.202 and 172.203 .

3. The point of origin of the shipment and the 7-day period during which departure of the shipment is estimated to occur.

4. The 7-day period during which arrival of the shipment at state boundaries is estimated to occur.

5. The destination of the shipment and the 7-day period during which arrival of the shipment is estimated to occur.

6. A point of contact with a telephone number for current shipment information.

(d) The notification required by par. (a) shall be made in writing to the office of the governor, or governor's designee, and to the department. A notification delivered by mail must be postmarked at least 7 days before the beginning of the 7-day period during which departure of the shipment is estimated to occur. A notification delivered by messenger or facsimile shall reach the office of the governor, or governor's designee, and the department at least 4 days before the beginning of the 7-day period during which departure of the shipment is estimated to occur. A copy of the notification shall be retained by the licensee for 3 years.

(e) A licensee shall notify the governor, or governor's designee, and the department of any changes to schedule information provided under par. (a) . Notification shall be by telephone or facsimile to a designated responsible individual in the office of the governor, or governor's designee, and to the department. A licensee shall retain for 3 years a record of the name of the individual contacted.

(f) A licensee who cancels a nuclear waste shipment for which advance notification has been sent shall send to the governor, or governor's designee, and to the department a cancellation notice identifying the advance notification that is being canceled. A copy of the notice shall be retained by the licensee for 3 years.

(6)   Quality assurance requirements.

(a) Unless exempted by the department, a licensee shall establish, maintain and execute a quality assurance program to verify that deficiencies, deviations and defective material and equipment relating to the shipment of packages containing radioactive material are promptly identified and corrected.

(b) A licensee shall identify the material and components to be covered by the quality assurance program.

(c) A licensee shall document the quality assurance program by written procedures or instructions and shall carry out the program under those procedures throughout the period during which packaging is used.

(d) Prior to the use of any package for the shipment of radioactive material, a licensee shall obtain approval of its quality assurance program from the department.

(e) A licensee shall maintain written records to demonstrate compliance with the quality assurance program. Records of quality assurance pertaining to the use of a package for shipment of radioactive material shall be retained for a period of 3 years after shipment.

(7)   Assumptions as to unknown properties of fissile material. When the isotopic abundance, mass, concentration, degree of irradiation, degree of moderation, or other pertinent property of fissile material in any package is not known, the licensee shall package the fissile material as if the unknown properties have credible values that will cause the maximum neutron multiplication.

(8)   Preliminary determinations. Prior to the first use of any packaging for the shipment of radioactive material a licensee shall do all the following:

(a) Ascertain that there are no defects that could significantly reduce the effectiveness of the packaging.

(b) Where the maximum normal operating pressure will exceed 35 kilopascal (5 lb/in 2 ) gauge, test the containment system at an internal pressure at least 50% higher than the maximum normal operating pressure to verify the capability of that system to maintain its structural integrity at that pressure.

(c) Determine that the packaging has been fabricated in accordance with the design approved by the nuclear regulatory commission.

(d) Conspicuously and durably mark the packaging with its model number, serial number, gross weight, and a package identification number as assigned by the nuclear regulatory commission.

CR 01-108 : cr. Register July 2002 No. 559 , eff. 8-1-02; CR 06-021 : am. (2) (b) Register October 2006 No. 610 , eff. 11-1-06.

Note

The approval of packaging and the conditions or limitations of that approval are reserved solely to the NRC. Microsoft Windows NT 6.1.7601 Service Pack 1 Notification of transport of nuclear waste may be sent to: Division of Emergency Management, 2400 Wright Street, Madison, Wisconsin, 53704. Notification may also be made by: telephone at 608-242-3232; or fax at 608-242-3247. The telephone number of the 24-hour duty officer is 1-800-943-0003. Microsoft Windows NT 6.1.7601 Service Pack 1