Amendment to the Provision on the Renewal of License and Specific Condition for Expired License of the Code of PNRI Regulations

 

July 2, 2015

PNRI ADMINISTRATIVE ORDER NO. 02-15

AMENDMENT TO THE PROVISION ON THE RENEWAL OF LICENSE AND SPECIFIC CONDITION FOR EXPIRED LICENSE OF THE CODE OF PNRI REGULATIONS

WHEREAS, pursuant to the authority under Republic Act No. 2067, as amended and Republic Act No. 5207, as amended, the Philippine Nuclear Research Institute (hereinafter referred to as PNRI) promulgates rules and regulations for the protection of the health and safety of the workers and for the general public; and for this purpose the regulations and codified in the Code of PNRI Regulations (CPR);

WHEREAS, the requirements on renewal of license for compliance by all holders of a PNRI license are provided in the following: Section 34 of CPR Part 2, "Licensing of Radioactive Materials"; Section 11 of CPRs Part 11, "Licenses for Industrial Radiography and Radiation Safety Requirements for Radiographic Operations", Part 12, "Licenses for Medical Use of Sealed Radioactive Sources in Teletherapy", Part 13, "Licenses for Medical Use of Unsealed Radioactive Material", Part 14, "Licenses for Medical Use of Radioactive Sources in Brachytherapy", and Part 16, "Licenses for the Use of Radioactive Sources Contained in Industrial Devices"; Section 12 of CPRs Part 17, "Licenses for Commercial Sale and Distribution of Radioactive Materials and Its Associated Devices", and Part 25, "Licenses for Commercial Providers of Nuclear Technical Services"; ATICcS

WHEREAS, the PNRI recognizes the need to amend the corresponding provisions on the renewal of license of the aforementioned sections of the CPRs to address the issues that have arisen such that timely filing of application for renewal of licenses are properly addressed by licensees to ensure compliance with the law and the PNRI regulations.

WHEREAS, the requirements on specific condition for expired license for compliance by all holders of a PNRI license are provided in the following: Section 12 of CPRs Part 11, "Licenses for Industrial Radiography and Radiation Safety Requirements for Radiographic Operations", Part 12, "Licenses for Medical Use of Sealed Radioactive Sources in Teletherapy", Part 17, "Licenses for Commercial Sale and Distribution of Radioactive Materials and Its Associated Devices". Part 25, "Licenses for Commercial Providers of Nuclear Technical Services", Section 10 of CPR Part 14, "Licenses for Medical Use of Radioactive Sources in Brachytherapy" and Part 16, "Licenses for the Use of Radioactive Sources Contained in Industrial Devices".

WHEREAS, in view of this issuance, the above provisions on the specific condition for expired license on the aforementioned sections of the CPRs are hereby superseded.

WHEREFORE, pursuant to Section 4 of Republic Act No. 5207, as amended, and Section 16-a of Republic Act No. 2067, as amended, the Philippine Nuclear Research Institute hereby issues the following amendments to the aforementioned Sections of the CPRs:

I. Section 34 of CPR Part 2:

"Section 34. Expiration and Renewal of Licenses.

(a) Each license shall expire at the end of the day of the month stated therein.

(b) A licensee shall file an application in proper form for renewal, in accordance with Section 14 of this Part, not less than thirty (30) days prior to the expiration of the existing license.

(c) An application for license renewal that is filed less than thirty (30) days before the expiration date of the license shall be subjected to a surcharge equivalent to 25% of the required license renewal fee. In addition to the written application, the licensee shall submit the following:

(1) A written explanation about the delay in the filing of application;

(2) An assurance that the licensee shall not undertake any principal licensed activity involving the radioactive source after the expiration date of the license; and

(3) An explanation why PNRI should not impose an administrative sanction against the licensee.

(d) If PNRI determines that the licensee's reasons in (c) of this Section are acceptable and safety has not been compromised, the application will be accepted and processed provided that the licensee shall not undertake any principal activity involving the licensed radioactive source after the expiration date of the license.

(e) An application for license renewal that is filed less than thirty (30) days after the expiration date of the license shall be assessed a surcharge equivalent to 50% of the prescribed license renewal fee. In addition to the written application, the licensee is required to:

(1) Discontinue any licensed activity until the PNRI has issued a new license;

(2) Ensure that all radioactive materials are safe and secure in their authorized storage locations; and

(3) Submit a written explanation about the delay in the filing of application and the reason why the PNRI should not impose the appropriate administrative action against the licensee.

(f) If an application for license renewal is filed more than thirty (30) days after the expiration date stated in the license, the PNRI shall cause the temporary cessation of the activity until the PNRI has determined whether or not the application shall be accepted and processed. Upon such order, the licensee shall not undertake any principal licensed activity.

(g) If the license is deemed to have expired and will not be renewed, the licensee shall cease to engage in any licensed activity involving the radioactive source, except to keep the radioactive source under safe and secure storage until the disposition of the radioactive source is determined by PNRI. TIADCc

(h) The discontinued use of radioactive source(s) as a result of the expiration of the license shall not relieve the licensee of the responsibility to cause the decommissioning of the Industrial device and termination of the license.

(i) Each application for license renewal must be accompanied by the corresponding license renewal fee and other outstanding regulatory fees in accordance with CPR Part 22".

II. The following amendments on renewal of licenses as provided in Section 11 of CPRs Part 11, 12, 13, 14, and 16, and Section 12 of CPR Parts 17 and 25 are hereby further issued:

(a) A request for license renewal shall be made by submitting an original and one copy of (PNRI/NRD Form-011/012/013/014/016/017/025) not less than thirty (30) days before the expiration date of the license.

(b) An application for license renewal that is filed less than thirty (30) days before the expiration date of the license shall be subjected to a surcharge equivalent to twenty-five (25) percent of the required license renewal fee. In addition to the written application, the licensee shall submit the following:

(1) A written explanation about the delay in the filing of application;

(2) An assurance that the licensee shall not undertake any principal licensed activity involving the radioactive source after the expiration date of the license; and

(3) An explanation why PNRI should not impose an administrative sanction against the licensee.

(c) If PNRI determines that the licensee's reasons in (b) of this Section are acceptable and safety has not been compromised, the application will be accepted and processed on the condition that the licensee shall not undertake any principal activity involving the licensed radioactive source after the expiration date of the license.

(d) An application for license renewal that is filed less than thirty (30) days after the expiration date of the license shall be assessed a surcharge equivalent to (50) percent of the prescribed license renewal fee. In addition to the written application, the licensee is required to.

(1) Discontinue any licensed activity until the PNRI has issued a new license:

(2) Ensure that all radioactive materials are safe and secure in their authorized storage locations; and

(3) Submit a written explanation about the delay in the filing of application and the reason why the PNRI should not impose the appropriate administrative action against the licensee.

(e) If an application for license renewal is filed more than thirty (30) days after the expiration date stated in the license, the PNRI shall cause the temporary cessation of the activity until the PNRI has determined whether or not the application shall be accepted and processed. Upon such order, the licensee shall not undertake any principal licensed activity.

(f) If the license is deemed to have expired and will not be renewed, the licensee shall cease to engage in any licensed activity involving the radioactive source, except to keep the radioactive source under safe and secure storage until the disposition of the radioactive source is determined by PNRI.

(g) The discontinued use of radioactive source(s) as a result of the expiration of the license shall not relieve the licensee of the responsibility to cause the decommissioning of the Industrial device and termination of the license. AIDSTE

(h) Each application for license renewal must be accompanied by the corresponding license renewal fee and other outstanding regulatory fees in accordance with CPR Part 22, "Fees and Charges for Radioactive Material Licenses and other Related Regulatory Services".

This order shall take effect fifteen (15) days after its publication in the Official Gazette.

APPROVED: July 2, 2015.

 

(SGD.) ALUMANDA M. DELA ROSA, Ph.D.Director

Published in the Official Gazette, Vol 111, No. 37 pp. 5415-5418 on September 14, 2015.