ML15257A222
| ML15257A222 | |
| Person / Time | |
|---|---|
| Issue date: | 09/23/2015 |
| From: | Marissa Bailey Division of Fuel Cycle Safety, Safeguards, and Environmental Review |
| To: | Schlueter J Nuclear Energy Institute |
| Liu T | |
| References | |
| Download: ML15257A222 (2) | |
Text
September 23, 2015 Ms. Janet R. Schlueter, Senior Director Radiation and Materials Safety Nuclear Energy Institute 1201 F Street NW, Suite 1100 Washington, DC 20004
SUBJECT:
ACKNOWLEDGEMENT OF RECEIPT REGARDING NUCLEAR ENERGY INSTITUTES LETTER REQUESTING CLARIFICATION RELATED TO ISSUES ASSOCIATED WITH CONTAMINATION EVENTS AND MEDICAL TREATMENT OF PERSONNEL AT FUEL CYCLE FACILITIES
Dear Ms. Schlueter:
By letter dated July 27, 2015 (Agencywide Documents Access and Management System
[ADAMS] Accession No. ML15217A487), Nuclear Energy Institute (NEI), on behalf of its fuel cycle facility members, submitted a request to the U.S. Nuclear Regulatory Commission (NRC) to clarify the requirements contained in Title 10 of the Code of Federal Regulations (10 CFR) 40.60 and 10 CFR 70.50 by utilizing NEI 14-14, Regulatory Issue Resolution Protocol, A Methodology for Resolving Regulatory Issues with Generic Implications for Fuel Cycle Facilities. In particular, NEI stated that the industry is seeking clarification of the terms medical treatment and medical facility as they pertain to the event reporting requirement in 10 CFR 40.60(b)(3) and 10 CFR 70.50(b)(3). NEI is also seeking clarification of spreadable radioactivity and unplanned as they pertain to the event reporting requirements in 10 CFR 40.60(b)(1) and 10 CFR 70.50(b)(1).
Attached to the letter dated July 27, 2015, NEI included two separate Regulatory Evaluation Summaries to describe the clarifications that it is seeking. As discussed in NEI 14-14, the next phase of the process is for NRC and NEI to (1) conduct a screening of the Regulatory Evaluation Summary to ensure that the full scope of the issue and its potential impacts are identified and clearly understood by both organizations; and (2) reach agreement to accept the continued review of the issues under the protocol. NRC has identified Ms. Tilda Liu as the point of contact from the NRC to work with NEI regarding this request. Ms. Liu will be in contact with NEI personnel in applying the protocol as outlined in NEI 14-14.
With this acknowledgment of receipt, I would also like to bring to your attention of a past licensing issue that the NRC staff reviewed regarding the topic of contamination events and medical report. In particular, by letter dated October 21, 2011 (ADAMS Accession No. ML11301A307), Honeywell Metropolis Works (MTW) submitted a request for an exemption from the requirements of 10 CFR 40.60(b)(3) to the NRC. This portion of the regulation states that licensees are required to report, within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />, an event that requires unplanned medical treatment at a medical facility of an individual with spreadable radioactive contamination on the individuals clothing or body. Pursuant to the regulations in 10 CFR 40.14(a), the NRC may grant an exemption if it determines the exemption: (1) is authorized by law, (2) will not endanger life or property or the common defense and security, and (3) is in the publics interest.
J. Schlueter 2 By letter dated April 3, 2012 (ADAMS Accession No. ML12101A292), Honeywell MTW supplemented its exemption request with information provided in response to the NRCs Request for Additional Information (RAI). The NRC staff carefully reviewed Honeywells request, the RAI response, and the regulatory basis for the relevant rulemaking, and drafted a proposed response which was shared with Honeywell MTW. Subsequently, by letter dated October 5, 2012 (ADAMS Accession No. ML12290A015), Honeywell MTW formally withdrew its October 21, 2011, exemption request on medical reporting requirements.
In accordance with 10 CFR 2.390 of the NRCs Agency Rules of Practice and Procedure, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records component of the NRCs Agencywide Documents Access and Management System (ADAMS). ADAMS is accessible from the NRC Web site at: http://www.nrc.gov/reading-rm/adams.html.
If you have any questions, please contact Ms. Tilda Liu of my staff at 404-997-4730, or via e-mail to tilda.liu@nrc.gov.
Sincerely,
/RA by Craig Erlanger for/
Marissa G. Bailey, Director Division of Fuel Cycle Safety, Safeguards, and Environmental Review Office of Nuclear Materials Safety and Safeguards
J. Schlueter 2 By letter dated April 3, 2012 (ADAMS Accession No. ML12101A292), Honeywell MTW supplemented its exemption request with information provided in response to the NRCs Request for Additional Information (RAI). The NRC staff carefully reviewed Honeywells request, the RAI response, and the regulatory basis for the relevant rulemaking, and drafted a proposed response which was shared with Honeywell MTW. Subsequently, by letter dated October 5, 2012 (ADAMS Accession No. ML12290A015), Honeywell MTW formally withdrew its October 21, 2011, exemption request on medical reporting requirements.
In accordance with 10 CFR 2.390 of the NRCs Agency Rules of Practice and Procedure, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records component of the NRCs Agencywide Documents Access and Management System (ADAMS). ADAMS is accessible from the NRC Web site at: http://www.nrc.gov/reading-rm/adams.html.
If you have any questions, please contact Ms. Tilda Liu of my staff at 404-997-4730, or via e-mail to tilda.liu@nrc.gov.
Sincerely, Marissa G. Bailey, Director Division of Fuel Cycle Safety, Safeguards, and Environmental Review Office of Nuclear Materials Safety and Safeguards DISTRIBUTION:
FCSE r/f RJohnson, NMSS MKotzalas, NMSS DWillis, NMSS KRamsey, NMSS LChang, NMSS TNaquin, NMSS BSmith, NMSS CEvans, R-II MLesser, R-II EMichel, R-II MSykes, R-II OLopez, R-II DHartland, R-II ML15257A222 OFFICE FCSE/ECB FCSE/ECB FCSE/ECB FCSE FCSE NAME DMiller TLiu TGrice CErlanger CErlanger for MBailey DATE 9/22/15 9/22/15 9/22/15 9/ 23/15 9/23/15
J. Schlueter 2 OFFICIAL RECORD COPY