ML20055D288
| ML20055D288 | |
| Person / Time | |
|---|---|
| Issue date: | 05/27/1988 |
| From: | Dipalo A NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| To: | Treby S NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| Shared Package | |
| ML20055C192 | List:
|
| References | |
| FRN-55FR19890, RULE-PR-20, RULE-PR-30, RULE-PR-40, RULE-PR-70 AC91-1-007, AC91-1-7, NUDOCS 9007060108 | |
| Download: ML20055D288 (2) | |
Text
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. MEMORANDUM FOR: -Stuart Treby, Assistant General Counsel for Rulemaking and Fuel Cycle Office of the General Counsel FROM:
Anthony J. DiPalo, Acting Chief Regulation Development Branch Division of Regulatory Applications Office of Nuclear Regulatory Research
SUBJECT:
CLARIFICATION OF 10 CFR 20.403 In July 1987, the Director of the Office of Enforcement sent a memorandum to the Director of Office Nuclear Regulatory Research (RES) citing the need to clarify licensee reporting requirements under 10 CFR 20.403. The offices of OE, OGC, NMSS and RES have reviewed the above 10 CFR and agree that h
clarification is needed with respect to reporting the " loss of operations and damage to property."
As a result of the staff discussions on this subject, the Office of Nuclear Regulatory Research sent a memorandum to the ED0's office in early February 1988 which outlined the problem and provided the RES recomendation to proceed with a proposed rulemaking to clarify licensee reporting requirements.
In mid-Fearuary 1988, the E00 concurred with the initiation of the proposed rulema king.
Since nid-February, OE, NMSS, and RES have met on several occasions to draft agreed language to modify the current 10 CFR 20.403.
I would appreciate your review of the enclosure with the draft proposed rule language changes and advise us whether we can publish the proposed rule in final without going for publsc comments in the Federal Register.
In order that we may continue an aggressive schedule on this draft proposed rule, we would appreciate a written response by June 7, 1988.
Anthony J. DiPalo, Acting Chief 9007060100 900626 Regulation Development Branch PDR PH Division of Regulatory Applications PDR 20 55FR19090 Office of Nuclear Regulatory Research
Enclosure:
Suggested Draft Revision 10 CFR 20.403 Distribution:
[10CFR20.403 CLARIFICATION) subj-circ-chron BMorris ZRosztoczy JTelford ADipalo JMate RDB Reading File
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. Nuclear Regulatory Commission
[34 FR 7500. May 9,1969, as amended at 38 yg 1271 Jan.11,1973; 48 FR 33859, July 26.
19831
$ 20,403 Notifications of incidents.
(a) Immediate notification. Each 11-(a) Immediate notification.
Each censee shall immediately report any licensee shall immediately, and in no events involving byproduct, source, or case later than one hour, report any special nuclear material possessed by event involving licensed material the licensee that may have caused or possessed by the licensee that may threatens to cause:
(1) Exposure of the whole body of have caused or threatens to cause:
any individual to 25 rems or more of radiation; exposure of the skin of the whole body of any individual of 150 rems or more or radiation; or exposure of the feet, ankles, hands or forearms of any individual to 375 rems or more of radiation;or (2)The release of radioactive materi !
al in concentrations which, if averaged over a period of 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />, would i exceed 5,000 times the limits specified, for such materials in Appendix B, Table II of this part; or (3) A loss of one working week or (3) A loss of one working week or more of the operation of any facilities more of the use or operation of any affected; or (4) Damage to property in excess of device, equipment, room, building in which licensed material is used or
$200,000.
stored; or (4) Consequences such that the sum of (i) damage to any device, equip-ment, room, or building in which licensed material is used or stored and (ii) required decontamination cleanup, and disposal could reasonably be expected to exceed $200,000.
l 1
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o g-(b) Twenty four hour notification. l Each licensee shall within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of i (b) Twenty-four hour notification.
disesvery of the event, report any Each licensee shall within 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />s-i event involving licensed material pos.
report any event involving licensed sessed by the licensee that may have material possessed by the, licensee caused or threatens to cause:
l that may have caused or threatens to (1) Exposure of the whole body of I cause; any individual to 5 rems or more of ra-diation; exposure of the skin of the wh21e body of any individual to 30 '
. rems or more of radiation; or exposure cf the feet, ankles, hs,nds, or forearms to 75 rems or more of radiation; or
. (2) The release of radioactive materi,
. al in concentrations which, if averaged ever a period of 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />, would exceed 500 times the limits specified
- for such materials in Appendix B.
Table II of this part; or (3) A loss of one day or more of the (3) A loss of one day or more of.the operation of any facilities affected; or use or operation of any device, equip-(4) Damage to property in excess of ment room, or buil. ding in which licensed
$2,000-material is used or stored; or (c) Any report filed with the Com-mission pursuant to this section shall (4) Damage to equipment or devices uals u o ave r elved xpo a
c ntaining licensed material that could diation will' be stated in a separate reas nably be expected to exceed $2,000, part of the report.
or require decontamination, cleanup, and disposal that could reasonably be expected cost in excess of $2,000; or (d) Reports made by licensees in re-sponse to the requirements of this sec-tion must be made as follows:
(5) Any decontamination or c1eanup
'(1) Licensees that have an installed activity that takes more than 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> Emnrgency Notification System shall to complete f rom the-time the activity make the reports required by para-is initiated.
graphs (a) and (b) of this section to the NRC Operations Center in acco-d-anca with 6 50.72 of this chapter.
(2) All other licensees shall make t.he reports required by paragraphs (a) and i
I (b) cf this section by telephone and by telegram, mailgram, or facsimile to the
. Administrator of the appropriate NRC R:gional Office listed in Appendix D Cf this part.
' (27 FR 5905, June 22,1962, as amended at
' 28 FR 6823, July 3,1063: 42 FR 43965, Sept.
1,1977; 43 FR 2719 Jan.19,1978: 48 FR 33859, July 26,1983]
.