ML20035A377
| ML20035A377 | |
| Person / Time | |
|---|---|
| Issue date: | 10/28/1991 |
| From: | Lieberman J NRC OFFICE OF ENFORCEMENT (OE) |
| To: | Bernero R, Heltemes J NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20034D215 | List:
|
| References | |
| FRN-57FR56287, RULE-PR-31, RULE-PR-32 AD82-1-004, AD82-1-4, NUDOCS 9303250209 | |
| Download: ML20035A377 (1) | |
Text
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DCT 2 81991 MEMORANDUM FOR:
Robert M. Bernero, Director, NMSS Jack Heltemes, Deputy Director, RES FROM:
James Lieberman, Director, OE
SUBJECT:
OCTOBER 23,1991, PROPOSED RULEMAKING CONCERNING THE ACCESSIBLE AIR GAP FOR GENERALLY LICENSED DEVICES The above rulemaking addresses moving a class of general licensees to specific licensees.
The presumption of the rulemaking is that a member of the public will not receive more than 500 mrem in a year.
Two questions arise, first what is our basis for concluding that the 125 mrem /hr at 18 inch standard will keep exposure less then 500 mrem per year?
Second, is 500 mrem per year an appropriate ALARA standard to be used for nonradiation workers in light of the new Part 20 which provides a 100 mrem TEDE per year limit?
There is also an enforcement issue to address.
Since there will be an expense associated with this rulemaking for licensees, it follows that there will be the potential that some licensees will not be complying with this requirement.
Therefore we need to develop our enforcement approach and determine whether the Enforcement Policy needs to be amended. In my view the use of sources subject to this rule without a specific license would fit severity level III, example C.2 of Supplement VI of the Enforcement Policy. This example addresses the possession of unauthorized material which degrades safety.
Alternatively, we could add a new example that makes it at least a severity level III violation to possess material either in excess of a license or without a license. I would also amend the Enforcement Policy to provide for a fixed penalty amount for a violation of the air gap rule on the order of $600 per source without regard to the adjustment factors in the policy. This amount would make noncompliance more expensive than compliance.
Please let me know your views on this approach.
M N
James Lieberman, Direct Office of Enforcement cc:
S.
Baggett,NMSS M.
Rothchild,0GC J.
Goldberg,0GC D. Hopkins,RES H. Thompson,DEDS
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