ML17065A175
| ML17065A175 | |
| Person / Time | |
|---|---|
| Issue date: | 04/04/2017 |
| From: | Craig Erlanger Division of Fuel Cycle Safety, Safeguards, and Environmental Review |
| To: | Schlueter J Nuclear Energy Institute |
| Kotzalas M | |
| Shared Package | |
| ML17065A174 | List: |
| References | |
| NEI 14-14 | |
| Download: ML17065A175 (2) | |
Text
April 4, 2017 Ms. Janet R. Schlueter, Senior Director Radiation and Materials Safety Nuclear Energy Institute 1201 F Street NW, Suite 1100 Washington, DC 20004
SUBJECT:
RESPONSE TO THE NUCLEAR ENERGY INSTITUTES REQUEST TO USE NEI 14-14, REGULATORY ISSUE RESOLUTION PROTOCOL, REGARDING THE ISSUE ASSOCIATED WITH REPORTING OF UNPLANNED CONTAMINATION EVENTS AT FUEL CYCLE FACILITIES
Dear Ms. Schlueter:
In accordance with Nuclear Energy Institute (NEI) 14-14, Regulatory Issue Resolution Protocol, A Methodology for Resolving Regulatory Issues with Generic Implications for Fuel Cycle Facilities (Agencywide Documents Access and Management System [ADAMS] Accession Number ML14337A168), the enclosed, Issue Closure Form is provided to resolve the questions raised regarding the reporting of unplanned contamination events as described in Title 10 of the Code of Federal Regulations (10 CFR) Paragraphs 40.60(b)(1) and 70.50(b)(1).
This issue was raised by NEI, on behalf of its fuel cycle facility members, in 2015, through the NEI 14-14 process.
The path forward for closing this issue was discussed during a recent public meeting held on January 12, 2017. During this meeting, the U.S. Nuclear Regulatory Commission (NRC) staff provided its position on the 24-hour reporting requirements regarding unplanned contamination events, and acknowledged that this position differs from the one held by industry. A copy of the January 12, 2017, meeting summary can be found under ADAMS Accession Number ML17013A224.
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Background===
NEI 14-14 was endorsed by the NRC staff in a letter dated December 16, 2014, (ADAMS Accession Number ML14342A172) as a methodology for the staff, NEI, and the fuel cycle industry to use in resolving generic regulatory issues.
By letter dated July 27, 2015 (ADAMS Accession Number ML15217A487), NEI, on behalf of its fuel cycle facility members, requested clarification of the NRCs reporting requirements contained in 10 CFR Sections 40.60 and 70.50. Specifically, NEI requested clarification of: (A) the 10 CFR 40.60(b)(3) and 70.50(b)(3) provisions for reporting the unplanned medical treatment of personnel with spreadable radioactive contamination on the individuals clothing or body, and (B) the 10 CFR 40.60(b)(1) and 70.50(b)(1) provisions for reporting certain unplanned events involving the contamination of radiologically controlled areas occurring within a facility.
By letter dated September 23, 2015 (ADAMS Accession Number ML15257A222), the NRC acknowledged the receipt of NEIs July 27, 2015, letter.
J. Schlueter 2
On January 27, 2017, the NRC responded to the request for clarification regarding the 10 CFR 40.60(b)(3) and 70.50(b)(3) provisions for reporting unplanned medical treatment of personnel with spreadable radioactive contamination (ADAMS Accession Number ML16333A297).
Discussion As you are aware, we are currently in the screening phase of the NEI 14-14 protocol. As stated in NEI 14-14, during this phase, the potential generic regulatory issue is discussed to ensure its full scope and impacts are described and documented (e.g., by creation of a problem statement). The issue is then screened for acceptance by both organizations. Issues that do not meet the screening criteria or are not mutually agreed upon, would likely be dispositioned through an alternative course of action.
The NRC staff position is that the issues with 10 CFR 40.60(b)(1) and 70.50(b)(1) reporting requirements can be addressed through the existing NRC regulatory framework. The staff intends to develop a Regulatory Issue Summary to provide additional information regarding these regulatory requirements. The enclosure details the staff position and proposed alternative course of action for resolving the issues with 10 CFR 40.60(b)(1) and 70.50(b)(1) 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 NRCs 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. Alayna Pearson of my staff at (301) 415-1096, or via e-mail at Alayna.Pearson@nrc.gov.
Sincerely,
/RA/
Craig G. Erlanger, Director Division of Fuel Cycle Safety, Safeguards, and Environmental Review Office of Nuclear Material Safety and Safeguards
Enclosure:
Appendix F: Issue Closure Form
J. Schlueter 3
RESPONSE TO THE NUCLEAR ENERGY INSTITUTES REQUEST TO USE NEI 14-14, REGULATORY ISSUE RESOLUTION PROTOCOL, REGARDING THE ISSUE ASSOCIATED WITH REPORTING OF UNPLANNED CONTAMINATION EVENTS AT FUEL CYCLE FACILITIES DISTRIBUTION: FCSE r/f ADAMS Accession Number: ML17065A174 via e-mail
- OFC FCSE/PORSB FCSE/PORSB FCSE/ECB FCSE/FMB OGC FCSE/FMB NMSS/FCSE NAME APearson MKotzalas MDiaz RJohnson JHull
- TBrockington CErlanger DATE 03/23/2017 03/ /2017 03/ 23 /2017 03/ 24 /2017 04/04/2017 04/04/2017 04/04/2017 OFFICIAL RECORD COPY