ML20012B962
| ML20012B962 | |
| Person / Time | |
|---|---|
| Issue date: | 05/21/1987 |
| From: | Lieberman J NRC |
| To: | Ryan Alexander, Cunningham R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20012B951 | List: |
| References | |
| FOIA-89-536, FRN-55FR19890 AC-91-1-61, AC91-1-061, AC91-1-61, EA-87-054, EA-87-54, NUDOCS 9003190224 | |
| Download: ML20012B962 (3) | |
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NUCt. EAR REGULATORY COMMIS$10N wAswmorou,o.c.seems i
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1 W 31 WF MEMORANDUM FOR:- Richard E. Cunningham Director Division of Fuel Cycle, Medical. Academic and Comercial Use Safety Office of Nuclear Material Safety and Safeguards Aobert Alexander, Chief Radiation Protection and Nealth Effects Branch Office of Nuclear Regulatory Research FROM:
James Lieberman, Director Office of Enforcement o
SUBJECT:
10 CFR 20.403(b)(3) - TWENTY-FOUR HOUR NOTIFICATIO INCIDENTS In a recent escalated enforcement case (EA 87-54 Comdustrial Roofing Con tractors, Inc.) there were differing (b)(3) stat
-10CFR20.403(b)(3). Section 20.403 opinions within the NRC staff regarding es:
Each licensee shall imediately report any events involving bypmduct.
.r source have ca,used or threatens to cause a loss of one day or mo t.
operation of any facilities affected.
In the Comdustrial case, a fire destroyed the licensee's building which contained a moisture density gauge.
The gauge was damaged by the fire such that it was no longer useable but the radioactive material in the gauge was not affected.
The NRC was never notified of the fire and found out about the fire only as a result of an NRC inspection that took place about 4 months after the. fire.
The NRC staff was divided on whether a vio citt:d.
Some NRC staff believed that a violation of 20.403(b (3 occur because the gauge containing the Itcensed material did not cause or did not threiten to cause the loss of one day or more of operation.
page from old IE inspector's handbook.) In addition, the gaug(e's value was See attached estimated to be less than $2,000.
believed a violation of 20.403(b (3FSee20.403(b)(2).) Other NRC staf and it was the licensee's only ga)uge).did occur because the gauge was unusable OGC supports this view.
operations involving the gauge were lost for more than one day. Thus, FELTONB9-536
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RichardE.Cunninham
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-2s Robert Alexander Since this appears to be a recurring problem, I recommend'this repo t
requirement be clarified and/or notice be given to licensees that whenever Itcensed material is damaged such that it cannot be used it must be Please call me or Ed Flack of g staff after you have had a chance to this matter.
Originststened By
' James Usbermas Jaf'es Liebernan, Director Office of Enforcement
Enclosure:
As stated cc:
J. Goldberg, OGC Distribution J. Lieberman, OE E. Flack OE OE Files J. Taylor, EDO l
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5/4//87 5/
87
WEEKLY REPORT TO THE COMMIS$10N OFFICE OF NUCLEAR REGULATORY RESEARCH Proposed Rule to be $1gned by the EDO 3
On_
1988, the Executive Director For Operations approved a proposed rule that would amend the following:
10 CFR Part 20 - Standards for Protection Against Radiation,10 CFR Part 30 -
Rules on the General Applicability to Domestic Licensing of Byproduct Material,10 CFR Part 40 - Domestic Licensing of Source Material and 10 CFR Part 70 - Domestic Licensing of Special Nuclear Material. The proposed changes to the referenced regulations all concern the reporting of incidents by materials -licensees.
In essence what is being done is to clarify some terms and to move four paragraphs from 520.403 to 10 CFR 30, 40, and 70.
This constitutes notice to the Commission that, in accordance with the rulemaking authority delegated to the EDO the EDO has received this proposed ruleandproposestoforwardittotheOfficeoftheFederalRegisterforFR publication, t
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