§2141 Licensing by Nuclear Regulatory Commission of Distribution of Special Nuclear Material, Source Material, and Byproduct Material by Department of Energy

Summary

The Nuclear Regulatory Commission can issue export licenses that let the Department of Energy send out special nuclear material, source material, and byproduct material. The same export rules that apply to any other person apply to DOE distributions. That said, DOE does not have to get a license for distributing byproduct material under section 2112. DOE must not distribute special nuclear or source material under sections 2074 or 2094 without an NRC export license until two things happen. First, DOE must get agreement from the State Department and consult with the NRC and the Defense Department under procedures the agencies agree on (these procedures were to be set within 90 days after March 10, 1978). Second, DOE must reasonably judge, based on assurances and available information, that the criteria in section 2156 (or their equivalent) and any applicable criteria in section 2157 are met and that the distribution would not harm the nation’s defense and security.