ML20055D438
| ML20055D438 | |
| Person / Time | |
|---|---|
| Issue date: | 10/17/1989 |
| From: | Norry P NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Beckjord E NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20055C192 | List:
|
| References | |
| FRN-55FR19890, RULE-PR-20, RULE-PR-30, RULE-PR-40, RULE-PR-70 AC91-1-045, AC91-1-45, NUDOCS 9007060304 | |
| Download: ML20055D438 (26) | |
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UNITED STATES cys: Beckjord NUCLEAR REGULATORY COMMISSION Ross
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CCT 17 1389 MEMORANDUM FOR: Eric S. Beckjord, Director Office of Nuclear Regulatory Research FROM:
Patricia G. Norry, Director Office of Administration
SUBJECT:
OFFICE CONCURRENCE: PROPOSED RULE FOR NOTIFICATION OF INCIDENTS The Office of Administration has reviewed and concurs in the proposed rule that would revise licensee reporting requirements regarding the notification of nonreactor incidents. Our concurrence is subject to the modifications
+ described in this memorandum and marked on the enclosed pages. These changes should be made before the rule is submitted for publication in the Federal Register.
We have' updated the Paperwork Reduction Act Statement to reflect the appropriate language submitted to us by the Information and Records Management Branch of L
" the Office of Information Resources Management.
In addition, the Information and Records Nanagement Branch informed us in a January 17,1989, memo (a copy of which was sent to Joe Mate) that the rule is on hold and cannot be released l:
for publication because of unresolved paperwork matters'.
L In the codified text of this rule, we have made changes to include appropriate
' amendatory instructions and layout for the amended text.
For your information, a regulatory history must be compiled for each proposed V and final rule and should consist of all documents of central relevance to the rule. Therefore, we request that the author of each rule place a regulation l'
identifier number, in the case of this rule AC91-1, on the upper right hand corner of each document that will be forwarded to the Nuclear Document System.
If you have any questions concerning this review, please have a member of your staff contact Michael T. Lesar on extension 27758 or Alzonia W. Shepard on extension 27651.
Patricia G. Norry, h.
w Director Office of Administration l
Enclosure:
As stated l
9007060304 900626 PDR PR 20 55FR19890 PDR
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.(i NUCLEAR REGULATORY COMMISSION N o, 70 10 CFR Part620, 3 Oj 1
Rze: M o - * *U
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Notifications Of Incidents
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AGENCY: Nuclear Regulatory Connission.
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' ACTION: Proposed rule.
SUMMARY
- The Nuclear Regulatory Connission (NRC) proposes to amend its regulations to revise licensee reporting requirements regarding the Notifications l
Thisactionisneededy c' Nonreactor' Incidents relating to radiation safety.
f ensurethatsignificantoccurrencesarepromptlyreportedtoNRCsothatthey,I,Cf can evaluate whether innediate action is required to protect the public health and safety.
. Comments
.DATE: The comment period expires received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for connents received on or before this date'.
J ADDRESSES: Mail written comments to Secretary, U.S. Nuclear Regulatory l
Connission, Washington, DC 20555, Attention: Docketing Service Branch.
Deliver comments to One White Flint North,11555 Rockville Pike, Rockville, MD, between 7:30 a.m. and 4:15 p.m. on weekdays. Copies of the regulatory 4
f analysis, as well as copies of the connents received on the proposed rule, may be examined at the NRC Public Document Room, 2120 L Street NR,-) Washington, DC.
^ u-oute pa /,
FOR FURTHER INFORMATI0H CONTACT: Joseph J. Mate, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Connission, Washington, DC 20555, telephone
-(301)492-3795.
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a SUPPLEMENTARY INFORMATION:
l l-
Background
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.gegulations h40-GFfHWr403 (Hetific Uvus ef Incid;ats, require that NRC licensees report certain events involving byproduct, source, or special nuclear g
l material that cause or threaten to cause: the exposure of the whole body to specific levels of radiation; the release of radioactive material in specific concentrations; the loss of use of facilities for a specific duration; or The events are to be damage to property in excess of a specific dollar amount.
reported either innediately 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 i 20.403. NRC has become concerned that
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certain provisions of i 20.403 need to be revised because licensees have not been reporting certain significant events. Below are two examples of events i
that were not reported, but should have been reported to NRC.
In both cases, j
the licensee was cited for 10 CFR Part 20 violations.
i In one case, a fire destroyed a licensee's building that contained the l
licensee's moisture density gauge. Damage caused by the fire rendered the HRC was not gauge unusable, although no radioactive material was released.
notified of the fire. As a result, a potentially significant event was not promptly evaluated to determine the adequacy of requirements established to ensure that the use of licensed material does not create a hazard'to public health and safety, from a ruptured cylinder) reports lessons i
NUREG-1198 (Release of UF6 cylinder caused the death of learned from another case where rupture of a UF6 one individual and injured several others. The investigation revealed a prior l
event at another licensee's site where, under similar circumstances, a cylinder bulged but did not rupture.
HRC had not been notified of the prior event. The
- Lessons Learned" report reconnended that requirements for reporting events i
l should be reviewed to ensure that all potentially significant events are reported to NRC.
It is important that such events be reported promptly so that NRC can evaluate whether prompt action is required to protect the public health i
l and safety.
l 2
Discussion 7
The existing reporting requirementy in 10 CFR 20.403 are f airly gen More specific requirements are aTp%f$ete to reduce misunderstanding The HRC staff has licensees about the types of events that should be reported.
and decided that revisions are appropriate 6 20.403 examined the provisions of blic to better describe reportable events havi g significant implications for pu In final form, this m ivji will also amend the major health and safety.
revision to Part 20 currently under consideratttn by the Comission.
0.403(a)(3),(a)(4),(b)(3),and(b)(4)
The requirements 'in(paragraphs j
14dh loss of operation and damage to property are being deleted for material licensees only because the staff believes these criteria are not necessarily indicative of events that pose a hazard to public heal h and age 'or The periodic loss of operation of a facility or the environment.
normal wear is expected and usually poses no additional hazard to the The same is true for the cost of repairing damage which may be environment.
high because of extenuating circumstances and not due to the extent The deleted sections have been damage or its effect on any licensed material.dded to Parts,30, 40, and 70.
replaced with new criteria which will be ese Parts are more indicative of staff believes the new tequirements o
potentially significant events affecting the health and safety of the The Comission specifically requests comments on the and the environment.
In order tofmore accuratelyJassess*the appropriateness of these amendments.
impact of this proposed rulemaking, the Comission also requests spe coments on the number of reports that licensees expect might be genera yearly.
The The proposed amendments for Parts 30, 40, and 70 are identical.
discussion that follows is, therefore, organized by the type of requirement rather than by the part of the regulation where it is found.
l A period of four hours has been used to define the term "imediate This is consistent with some of the I
notification" for material licensees.
Four imediate reporting requirements specified in 5 50.72 for power reactors.
j-hours was used because many material licensees do not have the capabilit l
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t In quickly assess and respond to events that reactor licensees possess.
addition, material licensees are usually not required to monitor operations as y
closely ashart 50 licensejes knally the degree of hazard posed by j
nonreactor events is typicalTy"much smaller than the hazard by reactor events.
A discussion of the specific requirements contained in Parts 30, 40, and 70 is provided in the following paragraphs.
NRC places the primary responsibility on the licensee for controlling and using licensed material safely. Therefore, it is important that NRC receive reports of events or conditions that threaten the health and safety of individuals using licensed material or that prevent the performance of surveys or other safety related duties necessary to maintain control of licensed material. A reporting requirement for these types of safety related events has h events must be reported. The been specifically included to clarify that bulging of a filled uranium hexafluoride cylinder may cause minimal damage and no injury, but if it threatens a release of licensed material that could injure individuals in the area and prevgn,t, corrective actions necessary to control the material, NRC must be aware of ccurrences so that it can respond appropriately.
A new requirement is being added for licensees to report contamination events where access to an area must be restricted for moro than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> because of contamination. This requirement is intended to capture an event which causes accidental contamination to an area which is in excess of the Accidental contamination events radiological conditions normally present.
If j
increase radiation exposure and the risk of ingesting radioactive material.
contamination is not cleaned up in a timely manner, personnel entering the area at a later date may receive unnecessary radiation exposure and risk spreading It is important that the contamination to themselvg others and other areas.
j events because NRC action may be necessary to NRC receive notification of u
ensure that decontamination and cleanup activities are performed in a timely Moreover, if contamination cannot 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 manner.
This matter may be significant and prompt NRC inspection may be required.
requirement is applicable to both the contamination of unrestricted areas where a restriction is imposed, and to restricted areas where additional restrictions i
4 1
For example, a radioactive waste container storage area is are imposed.
normally locked and restricted. But a spill contaminating the floor that is not cleaned up imediately would require workers to wear additional anti-contamination clothing and increase the risk of further spreading the This type of situation contamination during future operations in the area.
would be reportable under the revised regulation.
licensees to report events that prevent A reporting requirement re or could prevent structures or systems needed to control releases, minimize radiation exposures, or mitigate the consequences of an accident from functioning properly,is being added) This includes procedural errors, Notification is not required for an equipment failure, equipment damage, etc.
individual component failure if redundant systems are operable and are able to perform the required function.M events must be evaluated to determine whe If the interlock on a shielded irradiator changes and improvements are required.
chamber door malfunctions, the door could be opened when a source containing several thousand curies is exposed, resulting in an individual receiving a NRC action may be necessary to warn large radiation dose in a very short time.
other licensees of generic safety problems and to specify additional controls to protect occupational workers and the public.
{
A requirement has been added for licensees to report events that require medical treafment of a radioactively contaminated individual at a medical
- 1) indicate safety Yevents are highly significant because they:
facility.
problems in a licensed operation, 2) risk internal contamination through open An wounds,and3)exposemedicalpersonneltoradiationandcontamination. The evaluation must be performed to determine how to prevent any recurrence.
requirement is worded to avoid any reference to transporting the individual to ensure-that events of this type occurring in medical facilities where no To avoid numerous reports of transportstion is required are not excluded.
insignificant events such as a medical technician puncturing a hand with a syringe containing a radiopharmaceutical, a note is added to clarify that a notification is not required if first aid for a superficial injury is the only treatment rendered.
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A new requirement has been added to report all fires involving any device, container, or equipment containing licensed material to ensure Mvents are promptly evaluated to minimize any spread of contamination and determine the Fires involving performance of features designed to control licensed material.
or damaging licensed material are of particular significance because a fire can cause material in sealed sources to be released, generate airborne radioactive contamination and generate contaminated runoff from water used to extinguish
[
Some design deficiencies are not detected until actual events such the fire.
- as fires are evaluated and significant problems are discovered.
Environmental Impact: Categorical Exclusion M
U ace the type of 5
The HRC has d }er ined thatyproposed3egulation[22 (c)(3)(iii).
categorical exclusio'h10 CFR 51.
q action described Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this propo' sed regulation.
PapeQork Reduction Act Statement The proposed rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1980(44U.S.C.3501etseq.). This
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propcsed rule has been submitted to the Office of Management and Budget for review and apprcval of the paperwork requirements.
Public reporting burden for this collection of information is estimated to average two hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and Send coninents coupleting and reviewing the collection of infonnation.
regarding this burden estimate or any other aspect of this collectg j.
estio s for reducing this burden, to thedeseeds and gforgion,includingsu pport krvhe#IPfi, Of#he-epcrts Management Branch D visivn vi in i vi m o vi.
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.cf-11nfonnet.ivn Resources-tianagement-U.S. Nuclear Regulatory Coninission, e
Washington, DC 20555; and to tyh (ffice Of ManaQand Budget) Pa Reduction Project (3150-0014), washington, DC 20503.
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Regulatory Analysis The Comission has prepared a draft regulatory analysis on this proposed regulation._ The analysis examines the costs and benefits of the alternatives The draf t analysis is available for inspection considered by the Comission.
Single in the NRC Public Document Room, 2120 L Street NW., Washington, DC.
copies of the draf t analysis may be obtained.from Joseph J. Mate, telephone The Comission requests public coment on the draft regulatory (301)492-3795.
Coments on the draf t analysis may be submitted to the NRC as analysis.
indicated under the ADDRESSES heading.
Regulatory Flexibility Certification Based upon the information available at this stage of the rulemaking proceeding and in accordance with the Regulatory Flexibility Act, 5 U.S.C.
605(b), the Comission certifies that, if promulgated, this rule will not have The a significant economic impact upon a substantial number of small entities.
proposed rule affects approximately 9,100 licenses monitored by NRC und The licenses are issued to academic institutions, medical CFR Part 20.
institutions, and industrial entities. The proposed ru'le is being issued in order to reduce misunderstandings by material licensees about the types of events that need to be reported to NRC. No reporting is required by licensees unless they have an incident involving licensed material that meets the Since the revised reporting requirements specified in the proposed amendments.
requirements are essentially the same as the current reporting requirements, the impact on licensees should be minimal.
Backfit Analysis The NRC has determined that the backfit rule,10 CFR 50.lf'9, does not apply to this proposed rule and therefore a backfit analysis is not requir
-because these proposed amendments do not involve any provisions that woul impose backfits as defined in 10 CFR 50.109 (a)(1).
Enclosere 1 7
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List of Subjects in 10 CFR Part 20, 30, 40, and 70 j
10 CFR PART 20[
Byproduct material, Licensed material, Nuclear materials, Nuclear power plants and reactors, Occupational safety and health, Packaging and containers, Penalty, Radiation protection, Reporting and re ordkeeping requirements, aste treatment and disposal.
Special nuclear material, Source material, and 10CFRPART30f Byproduct material, Government contracts, Intergovernmental relations, Isotopes, Nuclear materials, Penalty, Radiation protection, Reporting and recordkeeping requirements.
m 10 CFR PART 40 Government contracts, Hazardous materials-transportation, Nuclear materials, Penalty, Reporting and recordkeeping requirements, Source material, CM ranium.
10CFRPART70)
Hazardous materials-transportation, Nuclear materials, Packaging and containers, Penalty, Radiation protection,. Reporting and recordkeep?ng al nuclear requirements, Scientific equipment, Security measures, material.
For the 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 nts to 10 CFR Parts 20, 30, 40, and 70F PART 20 - STANDARDS FOR PROTECTION AGAINST RADIATIO [
1.
The authority cit'ation for Part 20 continues to read as follows:
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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 amended, 202, 206, 88 Stat. 1242, as amended, 1244, I?46 (42 U.S.C.5841,5842,5846).
8
'Section 20.408 also issued under secs. 135, 141, Pub' L.97-425, 96' Stat.
(42 U.S.C.10155,10161). hor the purposes of sec. 223,- 68 Stat.
7
'223 MA1 Y
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. 1610, 68 Stat. 950, as amended (42 U.S.C.2201(o)).
- Ini20.403 paragraphs (a)(3),(a)(4),(b)(3),and(b)(4)arerevised/M 2.
Wd tL:t-fAlw l
$ 20.403 Notifications of incidents, L
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. loss of one working week or more of the operation of any (3) facilitiesaffected(note: does not apply to material licensees); or 4)Amage to property in excess of $200,000.
(note: does not apply to material licensees) s.
e, s-e
+
-r L ) [ loss of one day or more of the operation of any facilities 3) affected(note: does not apply to material licensees); or (4)hmage to property in excess of $2,000. (note: does not apply to material licensees).
=
PART 30 - RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF BYPRODU MATERIAL
- 3., The authori@ tion for Part 30 continues to read as follows:
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AUTHORITY:kSecs. 81 82,161) 182,183,186, 68 Stat. 935, 948, 953, 954, 955,
. as amended, lec. 234, 83 pt'at. 444, as amended (42 U.S.C. 2111, 2112, 2201, m
9
- 2232,2233,2236,2?82); secs.201,asamended, 202, 206, 88 Stat.12tP, as amended, 1244,1246(42U.S.C.58/1,58/2,5846).
Section 30.7 also issued under Pub. L.95-601, sec.10, 92 Stat. P951 (42'U.S.C.5851). Section 30.34)b) also issued under sec.184, 68, Stat. 904, as' amended (82 U.S.C. 2234). Section 30.61 also issued under sec.187,,68 Stat. 955 (42 U.S.C. 2237).
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sec.223N8 Stat.958,asamended(42U.S.C.2273);
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For the purposes o 5530.3,30.34(b)an (c), N.41(a) and (c), and 30.53 are issued under sec.
161b,68 Stat.948,asamended(42U.'$.C.2201(b));andil 30.6, 30.9, 30.36,
' 30.51, 30.52, 3'O.55, and 30.56(b) and (c) are issued under sec.161o, 68 Stat.
950,asamended(42U.S:C.2201(6)).
4.
A new $30.50 is added to read as follows:
9 30.50 Notification Requirements.
(a) Imediate notification. Each licensee shall notify the NRC within four hours after the discovery of the following event involving licensed material:
(1) Any event or condition that poses a threat to the health and safety of personnel using licensed material or that prevents the performance of duties necessary to maintain and verify control of licensed material (includes fires, -
-toxic gas releases, radioactive releases.
(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 material:
(1) 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 />.
(2)Anyeventconcerningequipmentthatpreventedorcouldhavepreventedthe fulfillment of the safety function of structures or systems needed to control releases of radioactive material, to prevent exposure to radiation, or to 10
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mitigate the consequences of an a cident (e.g., includes procedural errors, Notification is not required for equipment failure, equipment damage an individual component failure if redundant systems are operable and are able to perform the required function.
(3) Any event that requires medical treatment of a radioactively contaminate Notification is not required if first aid individual at a medical facility.
for a superficial injury is the only treatment rendered.
(4) Any fire involving or damaging any licensed material, or any device,
-container, or equipment containing licensed material.
(c)Preparationandsubmissionofreports. Reports filed with the Comission pursuant to this section h e prepared so that the names of individuals who have received exposure to radiation will be stated in a separate part of the Reports made by licensees in response to the requirements of this report.
section must be made as follows:
(1) Licensees that have an installed Emergency Notification System shall m the reports required by paragraphs (a) and (b) of this section by telephone to the NRC Operations Cen M (a)and(b)
.(2)Allotherlicenseesshallmakereportsrequiredbyparagraphs of this section by telephone to the t'RC Operations Center and by telegram,
[k mailgram, or facsimile to the administrator of the appropriate NRC regional To the extent that the information h]{officelistedinAppendixDofthispart.
j is available at the time of notification, the information provided in p
include:
I q reports s o
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caller's name and call back telephone number, f
(1)
(ii)/descriptionoftheevent,includingdateandtime, g g'
'O 4.
[ThecommercialtelephonenumberfortheNRCOperationsCenter is (202)951-0550.
11 t
(iii) gheexactlocationoftheevent.
(iv) he isotopes, quantities, and chemical / physical form of the licensed material involved, and (v) /ny personnel radiation exposure data available.
(3) Thirty-day followup written report.
In addition to the notifications required by this Part, each licensee who makes a report required by paragraph (a) or (b) of this section sha11Ma followup report in writing within These written reports h e sent to the U.S.
30 days of the initial report.
Nuclear Regulatory Comission, Document Control Desk, Washington, DC 20555, with a copy to the appropriate RC Regional office listed in Appendix D of 10 CFR Part 20. The reports include the following:
(i) [ description of the event including the probable cause and the manufacturer and model number of any equipment that failed or malfunctioned, (ii) he exact location of the event, (iii)feisotopes,quantitiesandchemical/physicalformofthe licensed material involved, (iv)gateandtimeoftheevent, (v) (t,orrective actions taken or planned and the results of any evaluations or assessments, and (vi)[heextentofexposureofindividualstoradiationorto radioactive materials.
PART 40 - DOMESTIC LICENSlHG OF SOURCE MATEQ AL The authority citction for Part 40 continues to read as follows:
5.
Sees. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68 Stat. 932, 933, AUTHORITY:
935, 948, 953, 954, 955, 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(42U.S.C.5841,5842, 5846); sec. 275, 92 Stat. 3021, as amended by Pub. L.97-415,96 Stat.2067(42 U.S.C.2022).
12
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/
Section 40.7 also issued under Pub. L.95-601, sec.10, 92 Stat. 2951 (42 U.S.C. 5841) Section 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(42U.S.C.2237).
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t For the purposes of sec. 223, 68 Sta. 9,58, as amendad (42 U.S.C. 2273);
5640.3,40.25(d)(1)-(3),40.35(e)-(d),, 0.4f(b)and(c), 40.46,40.51(a)and (c), and 40.63 are issued under sec.161b, 6B Stat. 948, as amended (42 U.S.C.
2201(b));andil 40.5, 40.9, 40.25(c), (d)(3), and (4), 40.26(c)(2), 40.35(e),
1610, 68 Stat. 950, 40.42, 40.61, 40.62, 40.64, and 40.65 are issued under sec.
l asamended(42U.S.C.2201(c)).
6.
A new i 40.60 is added to read as follows:
i 40.60 Notification Requirements.
(a) Innediate notification. Each licensee shall notify the NRC within four hours after discovery of the following event involving licensed material:
(1)Anyeventorconditionthatposesathreattothehealthandsafetyof personnel using licensed material or that prevents the performance of duties necessary to maintain and verify control of licensed material (includes fires.
toxicgasreleases,radioactivereleases,etc.).
(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 material:
(1) 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 />.
(2) Any event concerning equipment that prevented or could have prevented the fulfillment of the safety function of structures or systems needed to control releases of radioactive material, to prevent exposure to radiation, or to mitigatetheconsequ'encesofanaccident(e.g.,includesproceduralerrors, e
13
o Notification is not required for equipment failure, equipment damage, etc.).
an individual component failure if redundant systems are operable and are able to perform the required function, t
(3) Any event that requires medical treatment of a radioactively contaminated Notification is not required if first aid individual at a medical facility.
for a superficial injury is the only treatment rendered.
(4) Any fire involving or damaging any licensed material, or any device, container, or equipment containing licensed material.
(c) Preparation and submissio of reports. Reports filed with the Commission be prepared so that the names of individuals who pursuant to this section have received exposure to r&distion will be stated in a separate part of the Reports made by licensees in response to the reqcirements of this report.
section must be made as follows:
(1) Licensees that have an installed Emergency Notification System shall make reports required by pa agraphs (a) and (b) of this section by telephone to the NRC Operations Center.
(2) All other licensees shall make reports required by paragraphs (a) and (
of this section by telephone to the NRC Operations Center and by telegram, mailgram, or facsimilie to the administrator of the appropriate NRC r'egional To the extent that the information office listed in Appendix D of this part.
t the tinie of notification, the information provided inh is available reports include:
(i) d e caller's name and call back telephone number, (ii) / description of the event, including date and time, IThe commercial telephone number for the NRC Operations Center is (202)951-0550.
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(iii)[eexactlocationoftheevent.
(iv)geisotopes, quantities,andchemical/physicalforrofthe licensed material involved, and (v)gnypersonnelradiationexposuredataavailable.
9 In addition to the notifications (3) Thirty-day followup written report.
required t'y this Part, each licensee who makes a report required by paragraph (a) or (b) of this section shalha followup report,,i,q writing within These written reportsQalj)be sent to the U.S.
30 days of the initial report.
Nuclear Regulatory Commission, Document Control Desk, Washington, DC 20555, with a copy to the appropria RC Regional office listed in Appendix D of 10 CFR Part 20. The reports include the following:
(i) description of the event including the probable cause and the
. manuf acturer and model number of any equipment that failed or malfunctioned, (ii) Ie exact location of the event, G,
f of the (iii)'fheisotopes,quantitiesandchemical/physica licensed material involved, (v) hrrective actions taken or planned and*the results of any evaluatiens or assessments, and (vi)Meextentofexposureofindividualstoradiationorto radioactive materials.
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PART 70 DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL The authority citation for Part 70 continues to read as follows:
7.
Secs. 51, 53,161,182,183, 68 Stat. 929, 930, 948, 953, 954, as AUTHORITY:
amended,sec.234,83 Stat.444,asamended(42U.S.C.2071,2073,2201,2232, 2233, 2282); secs. 201, as amended, 202, 204, 206, 88 Stat.1242, as amend &.
1244,1245,1246,(42U.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
[
underPub.L.95-601,sec.10,92 Stat.2951(42U.S.C.5851).N(( tion ll 70.21(g) also issued under sec.122, 68 Stat. 939 (42 U.S.C. 2152).
Section j
15
70.31 also issued under sec. 57d, Pub. L.93-377, 88 Stat. 475 (42 U.S.C.
Sections 70.36 and 70.44 also issued under sec.184, 68 Stat. 954, as
-2077).
amended (42U.S.C.2234). Section 70.61 also issued under secs. 166, 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(s) 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), and 70.58 (a)-(g)(3)and(h)-(j)areissuedundersec. 1611, 68 Stat. 949, as amended (42U.S.C.2201(i));andil 70.5, 70.9. 70.20b(d) and (e), 70.38,70.51(b)and (1), 70.52, 70.53, 70.54, 70.55, 70.58(g)(4), (k), and (1), 70.59, and 70.60(b) and(c)areissuedundersec. 1610, 68 Stat. 950, as amended (42 U.S.C.
2201(o)).
8.
A new I 70.50 is added to read as follows:
I 70.50 Notification Requirements.
(a)Innediatenotification. Each licensee shall notify the NRC within four hours after discovery of any of the following events involving licensed material:
(1)Anyeventorconditionthatposesathreattothehealthandsafetyof personnel using licensed material or that prevents the performance of duties necessary to maintain and verify control of licensed material (includes fires,
' toxic gas releases, radioactive releases, etc.).
l Each licensee shall notify the NRC within
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(b) Twenty-four hour notification.
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 material:
16
4 (1) 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 />.
(2)Anyeventconcerningequipmentthatpreventedorcouldhavepreven fulfillment of the safety function of structures or systems needed to co releases of radioactive material, to prevent exposure to radiation, or to mitigatetheconsequencesofanaccident(e.g.,includesproceduralerrors, Notification is not required for equipment failure, equipment damage, etc.).
an individual component failure if redundant systems are operable and to perform the required function, (3) Any event that requires medical treatment of a radioactively con f
Notification is not required if first aid individual at a medical f acility.
i for a superficial injury is the only treatment rendered.
(4) Any fire involving or damaging any licensed material, or any device, container, or equipment containing licensed material.
Reports filed with the Comission (c) Preparation and submissj,o,n o,f reports.
pursuant to this section(shalybe prepared so that the names of in have received exposure to radiation will be stated in a separate part of th Reports made by licensees in response to the requirements of th report.
section must be made as follows:
(1)Licenseesshallmakereportsrequiredbyparags(a)and(b)ofthis section by telephone to the NRC Operations Centef.t (2) All other licensees shall make reports required by paragraphs of this section by telephone to the NRC Operations Center and by telegram mailgram, or facsimilie to the administrator of the appropriate NRC To the extent that the inforgtion office listed in Appendix D of this part.
bb is available at the time of notification, the information provided include:
u
[The comercial telephone number for the NRC Operations Center is (202)951-0550.
17
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1 (1) the ca11er's name and call back telephone number, (ii) a description of the event, including date and time, (iii) the exact location of the event, (iv) the isotopes, quantities, and chen.ical/ physical form of the licensed material involved, and
-(v) any personnel radiation exposure (ata available.
In addition to the notifications (3) Thirty-dayfollowupwrittenreport.
required by this Part, each licensee who makes a report required by paragraph (a) or (b) of this section shal a followup report J writing within These written reports (Qa.1) be sen+ to the U.S.
30 days of the initial report.
Nuclear Regulatory Commission, Document Control Desk, Washington, DC 20555, NRC Regional office listed in Appendix D of 10 withacorytotheappropriste$includethefollowing:
CFR Part 20. The reports a4 (i) a description of the event including the probable cause and the manufacturer and model number of any equipment that failed or malfunctioned, the exact locatien of the event, M yM (ii) the isotopes, quantities and chemical /physicalhp of the (iii) licensed material involved, (iv) date and time of the event, (v) corrective cetions taken or planned and the results of any evaluations or assessments, and (vi) the extent of exposure of individuals to radiation or to radioactive materials.
1989.
gr p.
Dated at Rockville, Maryland, this day of For the Nuclear Regulatory Comission.
l ames M. Taylorj Acting Executive D.frecte d QrOperations I
e 18
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STATEMENT OF Tile PROBLUi J
The Nuclear Regulatory Comission (NRC) is proposing to amend its regulations to revise licensee reporting requirements regarding the Notification of Nonreactor Incidents relating to radiation safety.
J The ptesent regulations in 10 CFR 20.403 (Notifications of Incidents) require that NRC licensees report certain events involving byproduct, source, or the exposure of the special nuclest material that cause or threaten to cause:
r whole body to specific levels of radiation; the release of radioactive material in specific concentrations; the loss of use of facilities for a specific duration; The events are to or damage to property in excess of a specific dollar amount.
i be reported either insnediately or within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of discovery depending on t NRC has become concerned nature and severity of the event as defined in i P0.403.
that certain provisions of i 20.403 need to be revised because licensees have n been reporting significant events which the NRC staff believes should have be reported.
OBJECTIVES The present reporting requirements of i 20.403 are fairly general and more specific requirements are believed appropriate to reduce misconceptions by The material licensees about the types of events that should be reported.
staff's proposed amendments to 10 CFR Parts 20, 30, 40 and 70 have the MQ (1) to better describe reportable eventsf,hav 4 +
following objectives:
significant implications for public health and safety, and (2) to define the term "imediate notification." This action is needed to sure that
', l significant occurrences are promptly reported to the NRC so that the NRC can j
evaluate whether to take imediate action to protect the public health and safety.
COSTS AND BENEFITS OF ALTERNATIVES Since the only alternative to the proposed revision under consideration is to take no action, the incremental costs and benefits of that alternative are zero.
The benefits of this proposed revision relate to increased public health and f
First, the action will safety, and decreased risks in occupational exposure.
make licensees more aware of their responsibilities with respect to reporting incidents. -This revision should result in licensees reporting occurrences when required, resulting in the greater likelihood that' licensees and the NRC will take the timely steps to preserve the public health and safety, as well as that of employees.
Another potential benefit will be greater assurance that the NRC will receive material licensee reports of an increased beneficial nature relating to public and occupational health and safety. This data will allow the NRC to more
- Further, readily identify potential problems which may need remedial action.
given that this proposed revision is' changing the existing requirements, t'-
NRC should receivo reports of only more meaningful incidents, thus resultii-in a more efficient use of resources by the NRC.
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The costs of this action are 'the operating expenses, which may be incurred by "toth' the licensees and the NRC, based on the proposed regulatory action and the subsequent change in the number of material licensee reports expected to These costs are not easily be generated as a result of the revision.
estimated because it is not clear how great the changin the number of nce this proposed action is not considered as a incident reports, major addition, there should be little additional burden imposed and hence
~ there should not be a large increase in the number of material licensee reports coming to the NRC.
Data obtained from the NRC's Office of Governmental and Fublic Affairs indicates that there are approximately 9,100 material licensees monitored Based on recent experience, by NRC under 10 CFR Part 20, as of February 1989.
the staff has determined that about 90 - 95 nonreactor incident reports have Given that there are very few incidents that are been submitted annually.
learned about by the NRC, after the fact, (i.e. those incidents which were not reported and should have been reported), leads one to believe that the incr)
Alternatively, this change in the number of additional reports would be small.
action may raise the licensees' awareness of their responsibility to report incidents and may result in a more-than-necessary increase in the number of repo Licensees may feel it necessary to take a cautious approach and report initially.
The staff believes that incidents that would not actually need to be reported.
for this analysis, a doubling of the present number of reports, i.e. 90 reports to 180 reports per year is considered to be conserative.
In addition to the potential impact on material licensees because of the 3
a c.
increased number of reports, this proposed action could also have an impact on There is a concern that the the NRC Operations Center staff and resources.
increase in the number of telephone calls are more likely to be placed during the licensees' 8 to 5 workday, placing disproportionate peak demands on the If this turns out to be the case, an additional FTE could Operations Center.
be needed for the operations center.
The staff assumes that a licensee's cost for telephoning the NRC and producing the required two to three page letter report to be a few hours worth of Hence, a value of $100 per report is assumed to more than adequately effort.
The anncal cost to the industry for the capture the licensee's cost.
additional 90 reports, at the assumed $100 per report is $9,000.
i Emergency Operations Center data indicates that the average time for an operator to receive, evaluate, report, and record a material licensee's The staff has also learned frona the Regional telephone call is 30 minutes.
Offices that, on average, about four hours worth of staff time is required for Therefore NRC's annual cost estimate is follow-up on each report received.
based on a 30 minute-per-report value for the Operatio0s Center staff, and an additional four hours for the Regions to review the subsequent report and act Using $40.75 as the averagt NRC technical staff on the incident as necessary.
hourly rate (See NUREG/CR-4627, Rev. 2 ' Generic Cost Estimates," Abs the annual NRC cost is calculated to be $16,500 for the additional 90 telephone udf Assuming a 30 year time period and a 1 calls per year and follow up reports.
L i
4 l
r real discount rate, the total industry costs become $84,870, while the comparable total NRC costs would be $1F5,630.
(Foradescriptionofthe approach used, see Appendix C of NUREG/CR-3568, "A Handbook for Value-Im However, on a per-licensee basis, the average total industrial Assessment".)
cost over the 30 year period is $3.50.
Estimated Incremental Impacts Based on an Assumed Annual Table 1.
increase of Ninety Reports 30 Year Present Worth Factor -
Based on a 10% Real Total Costs Industry Costs Annual Certs Real Discount Pste Over 30 Years (9$100/ report)
$ 9,000 9.83
$ 85,000 NRC Cost and$40.75/hr.)
$16,500 9.43
$156,000 (94.Shr./ report DECISION RAT 10ftALE This proposed regulatory action is essentially an update and revision of existing rules, and its potentially greatest benefit is " expected regulatory and compliance improvements resulting from the proposed action," (Cf.
Therefore, NURE0/CR-3536, "A Handbook for Value-impact Assessment," p.2.3).
the attribute that could well be most affected is " regulatory efficiency,"
which does not lend itself to any type of quantification.
Nonetheless, there is a distinct possibility that health and safety benefits can be achieved with little or no significant incremental cost to the NRC or F
.,y
...m.
- + -
t.
5-
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t NRC's awareness and collection of this data can likely result its licensees.
in additional requirements (based on these reports) that will promote
~
incremental impacts to health and safety. If substantial changes occur in the i'
number of these reports coming to the NRC, the Operations Center may need to expand its staff and resources.
4 O
I I
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1
l!EEKLY REPORT TO THE COMMIS$10N DFFICE OF flVCLEAR REGULATORY RESEARCH Proposed Rule to be Signed by the_EDO 1989, the Executive Director for Operations approved di 10 CFR Part 20 - Standards for Protection On proposed ruley that would amend:
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 S Nuclear Haterial.
revise licensee reporting requirements specifically for notifications of This constitutes notice to the Commission that, in nonreactor incidents.
accordance with the rulemaking authority delegated to the EDO, the received the proposed Federal Register for F, publication.
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