ML20055D413

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Comments on Proposed Rev to 10CFR20.403,per 890426 Request
ML20055D413
Person / Time
Issue date: 05/09/1989
From: Lieberman J
NRC OFFICE OF ENFORCEMENT (OE)
To: Rosztoczy Z
NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
Shared Package
ML20055C192 List: ... further results
References
FRN-55FR19890, RULE-PR-20, RULE-PR-30, RULE-PR-40, RULE-PR-70 AC91-1-039, AC91-1-39, NUDOCS 9007060279
Download: ML20055D413 (3)


Text

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MAY 0 9 im PDR 3y Note to:

Zoltan R. Rosztoczy, RES

Subject:

REVISION TO 20.403 I have reviewed your April 26, 1989 draft and have a number of coments on it.

1)

It addresses the original concern about fires and contamination.

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I have no problem with b(3) and b(6).

2)

Idonotunderstandthedifferencebetweena(3)andb(4). Similar but different phrases are used. What is the threshold for a threat to the health and safety? What safety systems are covered? I appreciate the goal but given the breadth of activities the rule covers, more specificity is necessary to make it understandable and enforceable. 50.72 and 50.73 has many more examples.

I would be inclined to delete a(3) and b(4) as not belonging in Part 20.

I would put them in the substantive rules with guidance for each type of activity.

3)

I would add at the end of the first paragraph on page 4 the following sentence:

"Moreover, if contamination can not be cleaned up within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />, the matter may be significant and a prompt NRC inspection j

may be required."

4)

Strike the word " occupational" and use " restricted" in the second line of the second parograph on page 4.

The point is that both restricted and non restricted areas are to be covered.

5)

I question whether the reporting requirements at the bottom of page 4 and the top of page 5 are clarifications.

I am not sure what the original requirements were? Maybe they should be stated. Much more guidance is needed on the bottom of page 4.

See coment 2.

1 1

I appreciate the opportunity to comment on this rule change.

I epologize for the delay. Please call me if you have any questions.

YQ n

1 4 sees Lieberman, Director jf.'iceofEnforcement E

I cc:

R. Cunningham, NMSS L. Spessard, AE0D F. Congel, NRR S. Treby, OGC L. Chandler, OGC J. Goldberg, 0GC 9007060279 900626

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20 55FR19690 PDR

5 l9 MAY 0 9 gg Note to:

Zoltan R. Rosztoczy, RES

Subject:

REVISION TO 20.403 I have reviewed your April 26, 1989 draft and have a number of comments on it.

1)

It addresses the original concern about fires and contamination.

I hsve no problem with b(3) and b(6).

o

[y\\b 2)

Idonotunderstandthedifferencebetweena(3)andb(4).

Similar I

.but different phrases are used. What is the threshold for a threat 9 }gD QM' to the health and safety? What safety syste s are covered? I appreciate the goal but given the breadth of activities the rule e[y covers, more specificity is necessary to make it understandable and enforceable.

50.72 and 50.73 has many more examples.

I would be inclined to delete a(3) and b(4) as not belonging in Part 20.

I would put them in the substantive rules with guidance for each type t

of activity.

3)

I would add at the end of the first paragraph on pape 4 the following

/

sentence:

"Moreover, if contamination can not be c.eaned up within Ob 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />, the matter may be significant and a prompt NRC inspection may be required."

4)

Strike the word " occupational" and use " restricted" in the second line gt_

of the second paragraph on page 4.

The point is that both restricted and non restricted areas are to be covered.

5)

I question whether the reporting requirements at the bottom of page 4 and the top of page 5 are clarifications.

I am not sure what the original requirements were? Maybe they should be stated. Much more guidance is needed on the bottom of page 4.

See comment 2.

I appreciate the opportunity to comment on this rule change.

I apologize for the delay. Please call me if you have any questions.

N lames Lieberman, Director ffice of Enforcement cc:

R. Cunningham, NMSS L. Spessard, AE00 F. Congel, NRR S. Treby, OGC L. Chandler, OGC J. Goldberg, OGC

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l Section 20.408 also issued under secs. 135,141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273); il 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 amended (42 U.S.C. 2201 (b)); and il 20.102, 20.103(e), 20.401-20.407, 20.408(b), and 20.409 are issued under sec.161o, 68 Stat. 950, as amended (42 U.S.C.

2201(o)).

1 2.

In i 20.403 the introductory text of paragraph (a) is revised and paragraphs (a)(3), (a)(4), (b)(3), and (b)(4) are removed, and new amendments are being added.

i 20.403 Notification of Incidents.

(a)

Immediate notification. Each licensee shall notify the NRC within four hours after discovery of any of the following events involving licensed material:

(3) Any event or condition that poses a threat to the health and safety of r

personnel using licensed material or that prevents the perfonnance of duties

-!!' ty tystdnecessary to maintain and verify control of licensed material c( 7 (includes fires, toxic gas releases, radioactive releases, etc.).

([I p (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 /> after the discovery of any of the following events involving licensed

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material:

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(3) Any contamination event that results in restriction of access to the contaminated area by workers or the public for more than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />.

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(4) Any event that prevented or could have prevented the fulfillment of the j[

safety function of structures or systems needed to control releases uf radio-active material, to prevent exposure to radiation, or to mitigate the conse-quences of an accident [meLule:. pu mlu ed erms, cya r.d E. l-e, ep evr d~

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