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NUCLEAR REGULATORY COMMISSION Of Palo/Au F
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Riani JAN s
- 1999
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pt MEMORANDUM FOR:
Bill M. Morris, Director Division of Regulatory Applications Office of Nuclear Regulatory Research FROM:
Donnie H. Grimsley, Director Division of Freedom of Information and Publications Services Office of Administration and Resources Management-
SUBJECT:
REVIEW OF PROPOSED RULE ON NOTIFICATION OF INCIDENTS The Division of Freedom of Information and Publications Services has reviewed the proposed rule that would clarify licensee reporting requirements concerning the notification of non-reactor incidents.
We have enclosed a marked copy that notes minor editorial.and format comments in the text and margins of the
. rule. Specific commer.ts are discussed below.
'1. The Regulatory Analysis statement needs revision to state more clearly the regulatory impact (or no impact, if appropriate).
It is not necessary to reference internal NRC guidelines in the Federal Register notice.
- 2. As we mentioned in our initial review of this rule, we have provided the Records and Reports Management Branch a copy of tisis draft of the proposed rule.
You should contact Brenda Shelton (28132) for a determination on the information collection requirements contained in this rule.
If you have any questions regarding our comments or the marked copy, please contact Alzonia Shepard, Rules Review Section, on extension 27651.
/
L Do H. Grimsley, Director Division of Freedom of Information and Publications Services Office of Administration and Resources Management
Enclosure:
As stated 9007060174 900626 PDR PR 20 55FR19890 PDR
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[7590-013 NUCLEAR REGULATORY COMMIS$10N 10CFRP((g20,30,40,flh70 NOTIFICATION OF INCIDENTS A 2 4-M 4 / /% <= M AGENCY:
Nuclear Regulatory Comission.
N% N V,
l Proposed [ule.
g ACTION:
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SUMMARY
- The Nuclear Regulatory Commission proposes to amend its regulations
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to clarify licensee reporting requirements regarding the Notification of N
N AR Non-Reactor Incidents. This action is needed because current reporting (yy requirements' are unclear and, as a result, licensees do not always Y
report incidents that the NRC staff believes should be reported. This proposed k
rule, if promulgated, will affect materials licensees.reportingqndfr 10"CFR" Parts 10, 30, 40 rand-ML
( Lem a 4DATE:
The comment period expires bys after publication in the Federal I} blek TP[]
Qegisted Comments received after this date will be considered if it is
%, ou practical to do so, but the Commission is able to assure consideration only ferpell or M coments received on or before this date.
9 % r h rf Ag e,4e <.
ADDRESSES: Written comments should be mailed to Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555 ATTN: Docketing Service Branch.
Deliver comments to One White Flint North, 11555 Rockville Pike, Rockville, MD l-between 7:30 a.m. and 4: 15 p.m. on weekdays.
Copies of the regulatory analysis, as well as copies of the comments received on the proposed rule, may be examined at the NRC Public Document Room, 2120 L Street NW, Washington, DC.
l FOR FUTHER INFORMATION CONTACT: Joseph J. Mate, Of fice of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone l
(301)492-3795 or Kevin Ramsey, Office of Nuclear Materials Safety and 1
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Safeguards, U.S. Nuclear Regulatory Comission Washington, DC 20555, telephone (301)492-0534.
/o-r /4 g< of Supplementary Information:
Background
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10 CFR 20.403 (Notification of incidents)(requires thatjiRC licensees report an/
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event involving byproduct, source, or special nuclear material that causes or threatens to cause: the exposure of the whole. body to specific levels of radiation, the release of radioactive material in specific concentrations, the loss of time relative to the use of facilities, or damage to property in excess of a specific dollar amount. The event is to be reported either imediately or within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> depending on the nature and severity of the event as defined in 6 20.403. Over the past two or three years, it has become a concern of NRC that certain provisions of 9 20.403 are not clear because licensees are not reporting events that the staff believes should be reported.
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Discussion g
$mtm/N Pvwd As a result of thesegiacit..p,theNRCstaffhasexaminedtheprovisionsof 9 20.403 and based on this reexamination has decided that revisions for the purpose of clarity are in order. The proposed rulemaking would amend 5 20.403 paragraphs (a) and (b) to clarify licensees reporting requirements.
While these paragraphs are reasonably clear in terms of licensee reporting requirements for events involving exposures and releases of radioactive I
meterials, they are not clear concerning events involving loss of operations and damage to property. Additionally, the rulemaking will define the term l '
"immediate" in terms of time. Finally those pertions of 5 20.403 dealing with loss of operations and damage to property currently in paragraphs (a)(3)
(a)(4), (b)(3) and (b)(4) are being moved to Parts 30, 40, and 70.
This action is being taken because the staff believes that since these changes L
primarily affect materials licensees, the changes should be reflected in the applicable materials licensees part of the 10 CFR. Since these reporting requirements are codified in the Federal Regulations, there are no viable alternatives to changing the current regulations.
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8 Impact The' impact of the proposed regulations should be minimal to material licensees since no new requirements are being added to the regulations.
These Y changes are considered fo N elarifff M isting regulations, c
Environmental Impact: Categorical Exclusion The NRC has determined that the proposed reg 91ations are t e.. type of action described in the categorical exclusion 10 CFR 51.22 (c)(3)f Therefore neither an environmental impact statement nor an environmental assessment has been prepared for this proposed regulation.
Paperwork Reduction Act Statement The proposed rule does not contain any new or amended information collection requirements subject to the Paperwork Reduction Act of 1980(44U.S.C.[01et
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Existing requirements were approved by the Office of Management and cuu Budget and Budget Approval number 3150 - do/</.
1 Regulatory Analysis e
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,The NRC gulatory Analysis Guidelineh, establish the criteria which requirei V
the performance of a regulatory analysis e accompany oil rulemakings. A regulatory analysis is not required for this proposed action because it would not result in:
1.
An annual effect on the economy of $100,000,000 or more, 2.
A significant impact on health, safety, or the environment, or i
t.
"Regulat,o[y Analysis Guidelines of the U.S. Nuclear Regulatory 1
Commi s' ion", NUREG/BR-0058, Rev. 1, May 1984 3
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f 3.
A substantial increase in the cost to NRC. licensees, permit holders p-or any other private or public entities.
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Although new.10 CFR parts are being added, the proposed rule is primarily W j f-clari
.ef an existing rule. The anticipated impact is well removed from the regu a ry is-triggering limits. Based upon conversations with staff;(AE0D and 3 the NRC receives less than 50 letter reports annually in response to tne existing 6 20.403. Given that each letter is usually a couple of pages long, the cost of preparing an average letter for a licensee or permit holder would be less than $100. A large increase in the number of letter reports is not expected as a result of this propsed revision.
Regulatory flexibility Certification
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(/ In accordance with the Regulatory flexibility Act of 1980 (5 U.S.C 605 b), the Comission certifies that this rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. The proposed rule wo u pr not addiarany new reporting requirements to the Code of federal Regulations.
Rather, the proposed rule is intended to clarify current reporting requirements for materials licensees.
Backfit Analysis The NRC has determined that the backfit rule,10 CFR 50.109, does not apply to this h $[c$ '2d' orr ecoNtheseproposedamendments,donotinvolveany rovisions which would impose backfits as defined in 10 CFR 50.109 'a)(1).
L7herefore a backfit analysis is not required,de MI / /e/w/c/ A M
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[7590-011
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16 M List /fSubjects/n10CFR20,30,-40,and70 g
/ # $4, P K/ 20 Byproduct material, jicensed materia,1, puclear materials,, nuclear er plants and reactors, occupational safety and health, yackaging and containers, penalty,fnuclear materialradiationprotection,geportin requirementh,jpecia
, jou'rce material, te treatment and disposal. '
A W/' Ph# 30 productmaterial.governmentcontracts,}ntergovernmental i%1ations, Jsotopes, yclear materials, penalty, gadiation protection, reporting a'$d recordk%eping requirements'.
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N UA N 40 overnmentcontracts,pazardousmaterials-transportation, nuclear P
dat rials, penalty, reporting an'd recordkeeping requirements, s_ource material n u ra nium".'
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/o (VA PART 70 Hazardous materials-transportation, nuclear materials, packaging and containers,yenalty, radiation protection, rep'orting and recordke'eping requirements, s,cientific equipment, s,ecurity' measures, ecial nuclear material.
/h V: For4 reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 553, the NRC is proposing to adopt the following amendments to 10 CFR Parts 20, 30, 40, and 70:
PART 20 - STANDARDS FOR PROTECTION AGAINST RADIATION.
AMina:
V 1.
The authority citation for Part 20 4+=r+v+ sed to read as follows:
AUTHORITY: Secs. 53, 63, 65, 81,103,104,161, 68 Stat. 930, 933, 935, 936, 937, 948, as amended (42 U.S.C. 2073, 2093, 2095, 2111, 2133, 2134, 2201); secs. 201, as mended, 202, 206, 88 Stat.1242, as amended,1244, 1246 (42 U.S.C. 5841, 5842, 5846).
Section 20.408 also issued under secs. 135, 141, Pub. L.97-425, 96 Stat.
2232, 2241 (42 U.S.C. 10155, 10161).
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[7590-01) i For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
55 20.101, 20.102, 20.103(a), (b), and (f), 20.104(a) and (b), 20.105(b),
20.106(a), 20.201, 20.202(a), 20.205, 20. 207, 20.301, 20.303, 20.304, and 20.305 are issued under. sec.161b, 68 Stat. 948, as amende.d (42 U.S.C.
2201 (b)); ano il 20.102,20.103(e),20.40120.407,20.408(b),and20.409 are issued under sec.161o, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
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In i 20.403 the introductory text of paragraph (a) is revised, paragraphs (a)(3), (a)(4), (b)(3), and (b)(4) are removed, and paragraph (e) is added to read as follows:
c 6 20.403 Notification of Incidents.
A
/(a)
Innediate notification.
Each licensee shall innediately, and in no case later than one hour after discovery of an even gemg report any event @Tn~volving licensed nuclear materiaQossessed p,,6,l;,
by the licensee that may have caused or threatens to cause:
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[ (e) Each licensee who holds a license issued under g Parts 30, 40, or 70 shall make the appropriate notifications as required by those P G.
PART 30 - RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING Of BYPRODUC1 The authority citation for Part 30 to read as follows:
AUTHORITY:
Secs. 81, 82, 161, 182, 183, 186, 68 Stat. 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2111, 2112, 2201, 2232, 2233, 22%, 2282); secs. 201, as amended, 202, 206, 88 Stat.
1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).
6 Enclo:ure 1 A
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[7590-01)
Section 30.7 also issued under Pub. L.95-601, sec.10, 92 Stat. 2951 (42 U.S.C. 5851). Section 30.34 (b) also issued under sec. 184, 68, Stat, j
954, as amended (42 U.S.C. 2234).
Section 30.61 also issued under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).
for the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
il 30.3, 30.34(b) and (c), 30.41(a) and (c), and 30.53 are issued under sec. 161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); and il 30.6, 30.0, 30.36,30.51,30.52,30.55,and30.56(b)and(c)areissuedunder sec.1610, 68 Stat. 950, as amended (42 U.S.C. 2201(c)).
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A new eetienj30.50isaddedtoreadasfollows:
Y j 30.50 Notification Reauirements.A (a) Immediate notification. Each licensee shall imediately, and in no case later than one hour after discovery of an event, notify the NRC of the following:
(1) Any event that causes or threatens to cause a loss of one working week or more of the use or operation of any device, container, equipment containing more than one hundred times the quantity of licensed material shown in 10 CFR 20 Appendix C, or any room or building in which such quantities of licensed staterial are used o stored; or (2) Any event that causes damage ;apected to exceed $200,000 in total costs and is composed of the following:
(i) repair /replacemefit costs for any device, container, or equipment containing more than one hundred times the quantity of licensed unterf,a1 shown in 10 CFR 20 Appendix C, (10 repair / replacement costs for py room or building in which licensed material is used or stored in quantyi. i@s greater than one f
hundred t6es the ;uantities listed in 10 CFR 2'O Appendix C, and i
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[7590-01)
(iii) costs for any radioactive decontamination and or disposal efforts.
(3) Any event or condition that affects the safety of licensed material or threatens personnel using licensed material or vents the performance of duties necessary to maintain and verify control of licensed material (includes fires, toxic gas releases, radioactive releases, etc.).
(4) Any event or condition involving licensed material related to the health and safety of the public or licensee personnel, for which a news release has or will be made or where notification of another government agency has or will be made.
(b) Twenty four hour notification. Each licensee shall notify the NRC within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> af ter the discovery of the following events:
(1) Any event that causes or threatens to cause a loss of one day or :nore of the use or operation of any device, container, or equipment containing moretgnonehundredtimesthequantityoflicensedmaterialshownin 10 CFR,20 Appendix C, or any room or building in which such quantities of licensed material are used or stored; or (2) Any event that causes damage expected to exceed $2,000 in total costs and is composed of the following:
(i) repair / replacement costs for any device, container, os equipment k
containingmorethanone,Jydredtimesthequantityoflicensed material shown in 10 CFR,20 Appendix C, (ii) repair / replacement costs for any room or building in which' licensed material is used or stored in quantiges greater than one hundred times the quantities listed in 10 CFR 20 Appendix C, and (iii) costs for any radioactive decontamination and or disposal efforts.
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(3) Any accidental contamination event requiring decontamination or cleanup 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 /> to complete from the time the activity is initiated.
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(4) Any event which results in the manual or automatic actuation of an alarm,
'4 emergency shielding mechanism, or other safety featurej /psw vs ej y kQ-4
. % [q %\\ f 'be reported.
ote-preplanned actuation of safety features for testing or drills need not i h G (5) Any event that prevented or could have prevented the fulfillment of the afety function of structures or systems needed to control releases of radio-g
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active material, to prevent exposure to radiation, or to mitigate the conse-quences of an accident.
(6) Any condition found during nonoperational periods that, if allowed to exist during operational periods, would render a shield, lock, or other safety barrier ineffective or would otherwise result in an unsafe situation.
(7) Any event which requires the transporting of an individual who is radio-actively contaminated to a medical facility for treatment.
(c)Preparationandsubmissionofreports. Reports filed with the Commission pursuant to this section shall be prepared so that the names of individuals who have received exposure to radiation will be stated in a separate part of the report. Reports made by licensees in response to the requirements of this section must be made as follows:
(1) Licensees shall make the reports required by paragraphs (a) and (b) of this section by telephone to the NRC Operations Center and by telegram, mailgram or Y
facsimile to the Administrator of the appropriate NRC Regional Office listed in ptn Appendix 0 of 10 CFR 20.
f (2) Thirty day written report.
In addition to the notifications required by Part 30 or any of its subsections, each licensee who reports an event l
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(a) Twediate notification.
Each licensee shall imediately, and in no case later than one hour after discovery of en event, notify the NRC of the following:
(1) Any event that causes or threatens to cause a loss of one working week or more of the use t,r operation of any device, container, or equipment containing nore than 15 Kilograms of natural uranium, 30 Kilograms of enriched U-238, or 90 Kilograms of Thorium (Th 232) or any room or building in which such quantities of licensed material are used or stored; or (2) Any event that causes damage expected to exceed $?00,000 in total costs and is composed of the following:
(1) repair / replacement costs for any device, container, or equipment
[/ containing more than 15 Kilograms of natural uranium, 30 Kilograms of m
U-238, or 90 Kilograms of Thorium (U-232)j (ii) repair / replacement costs for any room or building in which licensed material is used or stored in quantities more than 15 Kilograms of natural
// uranium, 30 Kilograms of enriched U-238, or 90 Kilograms of Thorium (Th-232p.hi[
(iii) costs for any radioactive decontamination and or disposal efforts, t
(3) Any event or condition that affects the safety of licensed material or threatens personnel using licensed material or @ events the performance of duties necessary to maintain and verify control of licensed material (includes fires, toxic gas releases, radioactive releases, etc.).
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(4) Any event or condition involving licensed nuclear material related to health and safety of the public or licensee personnel, for which a news release has or will tie made or where notification of another government agency has or will be made.
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[7590-01) requiring NRC notification within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of discovery of the event shall make a report in writing within 30 days of the event.
These written reports should be addressed to the Administrator of the appropriate NRC Regional office. The reports should include the following: a description of the event, a descrip-j tion of the effectiveness of the response, the current situation, and the results of any evaluations or assessments if applicable.
PART 40 - DOMESTIC LICENSING OF SOURCE MATERIAL 7
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/N#I The authority citation for Part 40 s g/
AUTHORITY:
Secs. 62, 63,' 64, 65, 81,161,182,183,186, 68 Stat. 932, 933, 935, 948, 953 55, as amended, secs.11e(2), 83, 84, Pub. L.95-604, 92 Stat.
3033, as amended, 3039, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2014(e)(2),
2092, 2093, 2094, 2095, 2111, 2113, 2114, 2201, 2232, 2233, 2236, 2282); sec. 274, Pub. L.86-373, 73 Stat. 688 (42 U.S.C. 2021); secs. 201, as amended 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); sec. 275, 92 Stat. 3021, as amended by Pub. L.97-415,96 Stat.2067(42U.S.C.
2022).
iA (p a.sc. sst t/ Section 40.7 also issued under Pub. L.95-601, sec.10, 92 Stat. 2951ASection 40.31(g) also issued under sec.122, 68 Stat. 939 (42 U.S.C. 2152). Section 40.46 also issued under sec.184, 68 Stat. 954, as amended (42 U.S.C. 2234).
Section 40.71 also issued under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).
t/ for the purposes of sec. i 3, 68 Stat. 958, as amended (42 U.S.C. 2273);
66 40.3, 40.25(oi(1)-(3), 40.35(a)-(d), 40.41(b) and (c), 40.46, 40.51(a) and (c), and 40.63 are issued under sec.161b, 68 Stat. 948, as amended (42 U.S.C.
2201(b)); and $$ 40.5, 40.9, 40.25(c), (d)(3), and (4), 40.26(c)(2), 40.35(e),
40.42, 40.61, 40.62, 40.64, and 40.65 are issued under sec. 1610,68[ tat.
950, as amended (42 U.S.C. 2201(o)).
. / hew Secti b
40.60 is added to read as follows:
[40.60Notific6tionRequirements.
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[759001)
(b) Twenty-four hour notification.
Each licensee shall notify the NRC within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> efter the discovery of the following events:
(1) Any event that causes or threatens to cause a loss of one day or more of the use or operation of any device, container, or equipment containing more than 15 Kilograms of natural uranium, 30 Kilograms of enriched U-238, or 90 Kilograms of Thorium (Th-232), or any room or building in which such quantities 6f licensed material are used or stored; or (2) Any event that causes damage expected to exceed $2,000 in total costs and is composed of the following:
(1) repair / replacement costs for any device, container, or equipment containing more than 15 Kilograms of natural uranium, 30 Kilograms of enriched U-238 or 90 Kilograms of Thorium (U-232)j (ii) repair / replacement costs for any room or building in which licensed material is used or stored in qurntities more than 15 Kilograms of natural uranium, 30 Kilograms of enriched U-238 or 90 Kilograms of Thorium (Th-232),and (iii) costs for any radioactive decontamination and disposal efforts.
(3) Any accidental contamination event requiring decontamination or cleanup 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 /> to complete from the time the activity is initiated, i
(4) Any event which results in the manual or automatic actuation of an alarm, i
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emergency shielding mechanism, or other safety featurej_ /rwe ar Jj j pf[/replannedactuationofsafetyfeaturesfortestingordrillsneednot d be reported.
(5) Any (vent that prevented or could have prevented the fulfillment of the l
safety function of structures or systems needed to control releases of l
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[7590-01) radioactive material, to prevent exposures to radiation, or to mitigate the consequences of an accident.
(6) Any condition found during nonoperational periods that, if allowed to exist during operational periods, would render a shield, lock or other safety barrier ineffective or would otherwise result in an unsafe situation.
(7) Any event which requires the transporting of an individual who is radio.
actively contaminated to a medical facility for treatment.
(c) preparation and submission of reports.
Reports filed with the Commission pursuant to this section shall be prepared so that the names of individuals who have received exposure to radiation will be stated in a separate part of the report.
Reports made by licensees in response to the requirements of this section must be made as follows:
(1) Licensees shall make the reports required by paragraphs (a) and (b) of this section by telephore to the NRC Operations Center and by telegram, mailgram or facsimile to the Administrator of the appropriate NRC Regional Office listed in Appendix 0 of 10 CFR Part 20.
(2) Thirty day written report.
In addition to the notifications required by Part 40 or any of its subsections, each licensee who reports an event requiring NRC notification within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of discovery of the event shall make a report in writing within 30 days of the event. These written reports should be addressed to the Acgnistrator of the appropriate NRC Regional Office.
The reports should include the following: a description of the event, a descrip-tion of the effectiveness of the response, the current situation, and the j
results of any evaluations or assessments if applicable.
L PART 70 DOMESTIC LICENSING Of SLECIAL NUCLEAR MATERIAL 7
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The authority citation for Part 70 is~rev-is to read /'." J 1
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AUTHORITY:
Sees 51, 53,161,182,183, 68, Stat. 929, 930, 948, 953, 854, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2201, 2232, 2233, 2282); secs. 201, as amended. 202, 204, 206, 88 Stat.1242, as amended, 1244, 1245, 1246, (42 U.S.C. 5841, 5842,5845,5846).
Sections 70.1(c) and 70.20a(b) also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 70.7 also issued under Pub. L.95-601, sec.10, 92 Stat. 2951 (42 l'.S.C. 5851). Section70.21(9) also issued under sec.122, 68 Stat. 939 (42 U.S.C. 2152). Section 70.31 also issued under sec. 57d, Pub. L.93-377, 88 Stat. 475 (42 U.S.C. 2077).
Sections 70.36 and 70.44 also issued under sec.184, 68 Stat. 954, as amended (42 U.S.C.
2234). Section 70.61 also issued under secs. 186,187, 68 Stat. 955 (42 U.S.C.
2236,2237). Section 70.62 also issued under sec.108, 68 Stat. 939, as amended (42 U.S.C. 2138).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
il 70.3, 70.19(c), 70.21(c), 70.22(a), (b), (d)-(k), 70.24(a) and (b),
70.32(a)(3), (5), (6), (d), and (1), 70.36, 70.39(b) and (c), 70.41(a),
70.42(a) and (c), 70.56, 70.57(b), (c), and (d), 70.58(a)-(g)(3), and (h)-(j) are issued under sec.161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b));
il 70.7, 70.20a(a) and (d), 70.20b(c) and (e), 70.21(c), 70.24(b), 70.32(a)(6),
(c),(d),(e),and(g), 70.36,70.51(c)-(g),70.56,70.57(b)and(d),and70.58 (a)-(g) (3) and (h)-(j) are issued under sec. 1611, 68 Stat. 949, as amended (42 U.S.C. 2201(1)); and il 70.5, 70.9, 70.20b(d) and (e), 70.38,70.51(b)and (i), 70.52, 70.53, 70.54, 70.55, 70.58(g)(4), (k), and (1), 70.59, and 70.60(b) and (c) are issued under sec.161o, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
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N Ucn 70.50 is added to read as follows:
[70.50 Notificatinn Recukementi..
U (a) Immediate notification. Each licensee shall immediately, and in no case later than one hour af ter discovery of an. event, notify the NRC of the following:
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[7590-01)
(1) Any event that causes or threatens to cause a loss of one working week or more of the use or operation of any device, container, or equipment containing jmore pn one hundred times the quantity of licensed material shown in t
10 CFR 20 Appendix C, or any room or building in which such quantities of j
licensed material are used or stored; or
(?) Any event that causes damage expected to exceed $200,000 in total costs and is composed of the following:
h (1) repair / replacement costs for any device, container, or equipment containingmoreghgnonehundredtimesthequantityoflicensedmaterial shown in 10 CFR 20 Appendix C j
j V (ii) repair / replacement costs for any room or building in which licensed material is used or stored in gan ities greater than one hundred times j
the quantities listed in 10 CFR 20 Appendix C, and (iii) costs for any radioactive decontamination and or disposal efforts, (3) Any event or condition that threatens the safety of licensed material or g
personnel using licensed material or tha prevents the performance of duties necessary to maintain and verify control of licensed material (includes fires, toxic gas releases, radioactive releases, etc.).
(4) Any event or condition involving licensed material related to the health and safety of the public or licensee personnel, for which a news release has or will be mide or where notification of another government agency has or will be made.
(b) Twenty-four hour notification.
Each licensee shall notify the NRC within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> af ter the discovery of the following events:
l
(
(1) Any event that causes or threatens to cause a loss of one day or more of
(
the use or operation of any device, container, or equipmcnt containing more l
than one hundred times the quantity of licensed material shown in l
15 1
l
[7590-01)
/
0' k
10 CFR 20 Appendix C, or any room or building in which such quantities of licensed material are used or stored; or (2) Any event that causes damage expected to exceed $2,000 in total costs and is composed of the following:
j' (1) repair / replacement costs for any device, container, or equipment-containing more h n one hundred times the quantity of licensed material 4
shown in 10 CFR 20 Appendix C, j
d (ii) repair / replacement costs for any room or building in which licensed material is used or stored in qgntjties greater than one hundred times the quantities listed in 10 CFR 20 Appendix C, and g
(iii) costs for any radioactive decontamination and or disposal efforts.
(3) Any accidental contamination event requiring decontamination or cleanup 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 /> to complete from the time the activity l
1s initiated.
(4) Any event which results in the manual or automatic actuation of an alarm, emergency shielding mechanism, or other safety featurej,/.WNp j
ote: hnned actuation of safety features for testing or ' drills need not be reported.
(5) Any event that prevented or could have prevented the fulfillment of the safety function of structures or systems needed to control releases of radio-active material, to prevent exposure to radiation, or to mitigate the I
consequences of an accident.
(6) Any condition found during nonoperational periods that, if allowed to exist during operational periods, would render 6 shield, lock or other safety barrier ineffective or would otherwise result in an unsafe situation.
I 16 1
+
1
[7590-01)
(7) Any event which requires the transporting of an individual who is radio-actively contaminated to a medical facility for treatment.
(c) Preparation and submission of reports.
Reports filed with the Commission pursuant to this section shall be prepared so that the names of individuals will be stated in a separate part of the report.
Reports made by licensees in response to the requirements of this section must be made as follows:
(1) Licensees shall make the reports required by paragraphs (s) and (b) of this section by telephone to the NRC Orerations Center and by telegram, mailgram or facsimile to the Administrator of the appropriate NRC Regional Office listed in Appendix D of 10 CFR Part 20.
(2) Thirty day written report, in addition to the notification required by Part 70 or any of its subsections, each licensee who reports an event requiring NRC notification within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of discovery of the event shall make a report in writing within 30 days of the event. These written reports should be addressed to the Administrator of the appropriate NRC Regional Office.
The reports should include the following: a description of the event, a descrip-tion of the effectiveness of the response, the current situation, and the results of any evaluations or asse>:'nents if applicable, i
l l
l Dated at Rockville, Maryland, this day of
, 1988.
l l
For the Nuclear Regulatory Commission.
l l
Y Victor Stello, Jr.j Executive Director for Operations.,
17 1
l
.+
p M
i s
i-WEEKLY REPORT TO THE COMMISSION 0FFICE OF NUCLEAR REGULATORY RESEARCH Proposed Rule tn he Mgned by the E00 1988, the Executive Director For Operations approv On rulethatwouldamenpthefe ce b;;;-
g n
~
(Rules on the General Applicability to Domestic Licensing of Byproduc
]j Material,10 CFR Part 40 - Domestic Licensing of Source Material and 10 CFR
/at70 Domestic Licensing of Special gg
/
glo the referenced regulations M,Npcipar eft,g}, The pggg; g h IJoMe ne reporting e.
4>y-materials liter.saq Jn-esseuc wh:t is being dene i:, to c i a r i f.r w=c terms-and-to moveMourTaragraphsironrl20:403-to1MfR 30, 40, and 70s f
This constitutes notice to the Commission that, in accordance with the rulemaking authority delegated to the EDO, the EDO has received this proposed rule and proposes to forward it to the Office of the Federal Register for FR publication.
-