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Thursday, November 11, 2010

Proposed Canadian Nuclear Steam Generator Shipment Through Great Lakes System

To: Hon. Russell D. Feingold
Attention: Kelly Reed

James E. Nichols, Law Clerk

This memorandum is in response to your request for information regarding the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) regulations that apply to the proposed shipment of radioactive steam generators by vessel through the Great Lakes system. At the outset, it should be noted that PHMSA’s authority to regulate shipments of radioactive material by vessel only extends to the borders of the United States; not international or foreign waters. Accordingly, the laws and regulations discussed in this memorandum only apply to Canada’s proposed shipment to the extent that the vessel(s) containing the radioactive steam generators enter into the United States. This memorandum presumes such a scenario, and highlights PHMSA’s legal and regulatory authority to ensure that the steam generators are properly and securely packaged in a manner consistent with the International Atomic Energy Agency’s (IAEA) Regulations for the Safe Transport of Radioactive Material. However, if the vessel(s) containing the radioactive steam generators do not enter the United States, PHMSA’s regulations do not apply.

This memorandum will highlight (1) U.S. federal laws and regulations dealing with the shipment of radioactive materials by vessel within the United States, and (2) IAEA regulations dealing with the transportation of radioactive material. This memorandum will not address applicable Canadian laws and regulations pertaining to the shipment of radioactive material.

Date of Report: September 28, 2010
Number of Pages: 4
Order Number: M-092810
Price: $19.95

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