OAR 333-102-0200: General Licenses — Radioactive Material Other than Source Material: General Requirements for the Issuance of Specific Licenses

An application for a specific license, will be approved if: (1) The application is for a purpose authorized by the Act; (2) The applicant is qualified by training and experience to use the material for the purpose requested in such manner as to protect health and minimize danger to life or property; (3) The applicant's proposed equipment and facilities are adequate to protect health and minimize danger to life or property; (4) The applicant satisfies any applicable special requirements contained in divisions 102, 105, 113, 115, 116, 117, or 121 of this chapter; and (5) In the case of an application for a license to receive and possess radioactive material for the conduct of any activity which the Authority determines will significantly affect the quality of the environment, the Authority Manager or designee, before commencement of construction of the plant or facility in which the activity will be conducted, on the basis of information filed and evaluations made pursuant to Subpart A of Part 51 of 10 CFR, has concluded, after weighing the environmental, economic, technical, and other benefits against environmental costs and considering available alternatives, that the action called for is the issuance of the proposed license, with any appropriate conditions to protect environmental values. Commencement of construction prior to such conclusion must be grounds for denial of a license to receive and possess byproduct material in such plant or facility. As used in this rule, the term "commencement of construction" means any clearing of land, excavation, or other substantial action that can adversely affect the environment of a site. The term does not mean site exploration, necessary roads for site exploration, borings to determine foundation conditions, or other preconstruction monitoring or testing to establish background information related to the suitability of the site or the protection of environmental values. Upon a determination that an application meets the requirements of the Act, and the rules of the Authority, the Authority will issue a specific license authorizing the possession and use of radioactive material ("Radioactive Materials License''). (6) Financial assurance and recordkeeping for decommissioning meeting the specific requirements listed below: (a) 10 CFR 30.35 and 30.36 for radioactive material that is not source or special nuclear material; or (b) 10 CFR 40.36 for source material; or (c) 10 CFR 70.25 for special nuclear material.