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Code of Federal Regulations (Last Updated: July 5, 2024) |
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Title 10 - Energy |
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Chapter I - Nuclear Regulatory Commission |
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Part 75 - Safeguards on Nuclear Material - Implementation of Us/IAEA Agreement |
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Installations Designated for IAEA Safeguards |
§ 75.42 - Inspections.
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(a) Each licensee who has been given notice pursuant to § 75.41 shall afford to the IAEA, at all reasonable times, opportunity to inspect its designated installation as provided in this section. Licensee representatives may accompany IAEA inspectors, provided that the IAEA inspectors are not thereby delayed or otherwise impeded in the exercise of their functions.
(b) As provided in the Agreement, an inspection may be ad hoc, routine, or special (or a combination of the foregoing). An inspection shall be deemed to be routine unless the Commission has specifically advised the licensee otherwise.
(c) The locations to which IAEA inspectors shall have access in the performance of inspections shall be as follows:
(1) Ad hoc inspections to verify information contained in the licensee's initial inventory report or to identify and verify changes in the situation which have occurred since the initial inventory reporting date: any location where the initial inventory report or any inspections carried out therewith indicate that nuclear material subject to safeguards under the Agreement may be present.
(2) Ad hoc inspections to identify and if possible verify the quantity and composition of the nuclear material referred to in notifications given under § 75.43(b) (pertaining to exports) or § 75.43(c) (pertaining to imports): Any place where such nuclear material may be located.
(3) Routine inspections: The strategic points referred to in § 75.11 (or, until such strategic points have been specified, to the locations referred to in paragraph (c)(1) of this section) and the records maintained pursuant to this part.
(4) Special inspections: Any of the locations specified above and any additional locations where the Commission, in response to an IAEA request, finds access to be necessary.
(d) Each licensee shall permit the IAEA, in conducting any such inspections, to:
(1) Examine the records kept pursuant to § 75.21 of this part;
(2) Observe that the measurements of nuclear material at key measurement points for material balance accounting are representative;
(3) Verify the functioning and calibration of instruments and other measuring control equipment.
(4) Observe that samples at key measurement points for material balance accounting are taken in accordance with procedures which produce representative samples, to observe the treatment and analysis of the samples, and to obtain duplicates of such samples; and
(5) Arrange to use the IAEA's own equipment for independent measurement and surveillance.
(e) Each licensee shall, at the request of an IAEA inspector:
(1) Ship samples taken for the IAEA's use, in accordance with applicable packaging and export licensing regulations, by the method of carriage and to the address specified by the inspector; and
(2) Take other actions contemplated by the Agreement, as evidenced by the license conditions, including, for example:
(i) Enabling the IAEA to arrange to install its equipment for measurement and surveillance;
(ii) Enabling the IAEA to apply its seals and other identifying and tamper-indicating devices to containments;
(iii) Making additional measurements and taking additional samples for the IAEA's use;
(iv) Analyzing the IAEA's standard analytical samples;
(v) Using appropriate standards in calibrating instruments and other equipment; and
(vi) Carrying out other calibrations.
(f) Nothing in this section shall be deemed to require or authorize the licensee to carry out any operation that would otherwise constitute a violation of the terms of any applicable license, regulation, or order of the Commission.
(g) The Commission will to the extent feasible, unless the licensee agrees otherwise, assign an employee to accompany any IAEA representative engaged in an inspection described in this section.
(h) The Commission will normally provide a licensee advance notification of any inspection to be carried out by IAEA representatives. The licensee shall notify the Commission promptly, by telephone, whenever an IAEA inspector arrives at an installation without such advance notification.