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i DEC 141983 i-MEMORANDUM FOR: Thomas E. Murley, Director, Office of Nuclear Reactor Regulation l
James Lieberman, Director, Office of Enforcement Robert M. Bernero, Director, Office of Nuclear Material Safety and Safeguards Edward L. Jordan Director, Office for Analysis and Evaluation of Operational Data l
Harold R. Denton, Director Office of Governmental and Public Affairs William C.- Parler, General Counsel Patricia G. Norry, Director, Office of Administration FROM:
Eric S. Beckjord Director, Office of Nuclear Regulatory Research
SUBJECT:
PROPOSED RULEMAKING - NOTIFICATIONS OF INCIDENTS 10 CFR 20.403 On September 13, 1989,. I signed the enclosed memorandum (Enclosure 1) which transmitted a proposed rulemaking package for office concurrence on L
10 CFR 20.403 - Notifications of Incidents. The memorandum generated a substantial amount of comments from the staff. The comments have since been incorporated into the rulemaking package to the maximum extent possible.
l The revised proposed rulemaking package (Enclosure 2) has been annotated in the right margin to indicate areas of chan;e from the original package.
Please provide office concurrence for the enclosed rulemaking package. Due to '
i the scheduling difficulties, a response by December 22nd would be appreciated, j
Questions-.regarding this package can be addressed to Joseph J. Mate, RDB, DRA/RES at 492-3795.
Eric S. Beckjo d Director Office of Nuclear Regulatory Research
Enclosures:
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l 1.
Memo 9/13/89 2.
Rulemaking package 9007060308 900626 PDR PH 20 SSFR19890 PDR 1
DEC1i;ggg MEMORANDUM FOR:1. Thomas E. Murley, Director, Office of Nuclear Reactor Regulation James Liebennan, Director, Office of Enforcement Robert M. Bernero, Director, Office of Nuclear Material Safety and Safeguards Edward L. Jordan, Director, Office for Analysis and Evaluation of Operational Data Harold R. Denton, Director, Office of Governmental and Public Affairs William C. Parler, General Counsel Patricia G. Norry, Director, Office of Administration FROM:
Eric S. Beckjord, Director, Office of Nuclear Regulatory Research
SUBJECT:
PROPOSED RULEMAKING - NOTIFICATIONS OF INCIDENTS 10 CFR 20.403 On September 13, 1989, I signed the enclosed memorandum (Enclosure 1) which transmitted a proposed rulemaking package for office concurrence on 10 CFR 20.403 - Notifications of Incidents. The memorandum generated a substantial amount of comments from the staff. The comments have since been incorporated into-the rulemaking package to the maximum extent possible.
The revised proposed rulemaking package (Enclosure 2) has been annotated in the right margin to indicate areas of change from the original package.
Please provide office concurrence for the enclosed rulemaking package.
Due to theschedulingdifficulties3aresponsebyDecemberlgwouldbeappreciated.
Questions regarding this package can be addressed to Joseph J. Mate, RDB, DRA/RES at 492-3795.
CRIGINAL SIG!2D BY Eric S. Beckjord, Director Office of Nuclear Regulatory Research
Enclosures:
1.
Memo 9/13/89 2.
Rulemaking package i
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SEP I 3 gggg MEMORANDUM FOR: Robert M. Bernero, Director, Office of Nuclear Material Safety and Safeguards James Lieberman, Director, Office of Enforcement Edward L. Jordan, Director, Office of Analysis and Evaluation of Operational Data Thomas E. Murley, Director, Office of Nuclear Reactor Regulation Harold R. Denton, Director, Office of Governmental and Public Affairs William C. Parler, General Counsel Patricia-G. Norry, Director, Office of Administration FROM:
Eric S. Beckjord, Director, Office of Nuclear Regulatory Research
SUBJECT:
PROPOSED RULEMAKING - NOTIFICATIONS OF INCIDENTS 10 CFR 20.403 Please provide office concurrence for the enclosed proposed rulemaking package.
This package responds to a request for rulemaking received from the Office of Enforcement in July of 1987.
~ The following contains a summary of this request:
1.
Title:
Notifications of Incidents 2.
Task Leader: Joseph J. Mate, RDB/DRA/RES (x-23795)-
3.
Cognizant Individuals:
Edward Flack, OE/NMSS John Hickey, OB/IMNS/NMSS
-Donald Cool, RPHE/DRA/RES Kevin Ramsey, OB/IMNS/NMSS Kathleen Black, AE0D/NAS John Buchanan, PRPB/NRR Joel Lubenau, SLITP/GPA Mary Wagner, 0GC Alzonia Shepard, ARM /RPB 4.
Requested Action:
Provide office level concurrence 5.
Requested Completion Date:
September 22, 1989 6.
Sunnary: NRC is proposing to amend its regulations to revise licensee
. reporting. requirements-regarding the Notifications of Nonreactor y-N Y
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SEP 131989 Incidents. This action is needed because licensees do not always report l
incidents that the NRC staff considers to have significant implications for public health and safety. The proposed rule if promulgated will affect raterials licensees under 10 CFR Parts 20, 30, 40, and 70. Comments on 1
the draft proposal were previously requested from selected Divisions in l
NMSS, OE, AEOD, NRR, GPA, OGC, and ARM.
In addition comments were requested from the five NRC Regions as well as the Agreement States.
3 Appropriate comments have been_ incorporated into the proposed rulemaking i
to the maximum extent possible.
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i Eric S. Beckjord, Director i
Office of Nuclear Regulatory Research i
Enclosures:
Memo Beckjord to Taylor w/4 enc 1.
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V MEMORANDUM FOR: James M. Taylor, Executive Director for Operations FROM:
Eric S. Beckjord, Director, Office of Nuclear Regulatory Research
SUBJECT:
PROPOSED AMENDMENT TO 10 CFR 20.403 - NOTIFICATIONS OF INCIDENTS Attached for your signature is a Federal Register Notice (Enclosure 1) to be published in the Federal Register that amends 10 CFR 20.403,(b)(3), and (b)(4) l
" Notifications of Incidents." The amendment removes sections (a)(3), (a)(4),
of 10 CFR 20.403 regarding the loss of operations and damage to property for both immediate and 24-hour notifications. These four paragraphs will no longer apply to licensees.
New requirements as appropriate have been added to Parts 30, 40, and 70 as Sections 30.50, 40.60, and 70.50.
Section 50.72 of 10 CFR 50-already contains special notification requirements for nuclear power reactors.
In addition, the tenn "immediate notification" is defined for the added sections.
The primary purpose of the revisions is to revise licensee reporting requirements regarding the notifications of nonreactor incidents for material licensees.
Background:
In July-1987, James Lieberman, Director of the Office of Enforcement, sent a memo to Eric S. Beckjord, Director, Office of Nuclear Regulatory Research, requesting that 10 CFR 20.403, " Notifications of Incidents," be amended. This request was based on discussions among the Offices of Enforcement, General
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Counsel, and Nuclear Material Safety and Safeguards. The staff felt at that time that a minor rulemaking was needed to clarify licensee reporting requirements for events having significant implication for public health and safety, including " loss of operations" and " damage to property." The staff took this position because of past nonreactor incidents that were not reported to NRC, but which the staff believes should have been reported.
Backfit Analysis:
The staff has determined that a backfit analysis is not required for this proposed rule because the amendments that apply to power reactors (deletion of sections in 20.403) involve only a relaxation of requirements.
(See memo frcm M.G. Malsch, OGC, to Commissioner Asselstine, January 23,1986.)
Notices:
A draft regulatory analysis has been prepared (Enclosure 2). The appropriate Congressional comittees will be notified (Enclosure 3). A weekly report to the Comissioners has also been prepared (Enclosure 4).
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2 Coordination:
The Offices of NMSS, OE, AEOD, liRR, Administration, and Government and Public Affairs concur in the amendments. The Office of General Counsel has no legal objection.
Eric S. Beckjord Office of Nuclear Regulatory Research.
Enclosures:
1.
Federal Register Notice of Proposed Rulemaking 2.
Draft Regulatory Analysis 3.
Draft Congressional Letters
- 4.
Draft Weekly Report to the Commissioners 9
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NEMORANDUM FOR: James M. Taylor, Executive Director for Operations FROM:
Eric S. Beckjo'd, Director, Office of Nuclear Regulatory Research l
SUBJECT:
PROPOSED AMEN) MENT TO 10 CFR 20.403 NOTIFICATIONS OF INCIDENTS Attached for your signature is a Federal Register Notice (Enclosure 1) to be
" Notifications of-j published in the Federal Register that amends 10 CFR 20.403,(b)(3), and (b)(4)
Incidents." The amendment removes sections (a)(3), (a)(4),
1 of 10 CFR 20.403 regarding the loss of operations and damage to property for both imediate and 24-hour notifications. These four paragraphs will no longer l
apply to licensees. New requirements as appropriate have been added to Parts 30, 40, and-70 as Sections 30.50, 40.60, and 70.50. Section 50.72 of 10 CFR 50 already contains special notification requirements for nuclear power reactors.
J In addition, the term "immediate notification" is defined for the added sections.
l-The primary purpose of the revisions is to revise licensee reporting requirements regardirg the notifications of nonreactor incidents for material licensees.
Background:
In July 1967, James Lieberman, Director of the Office of Enforcement, sent a memo to Eric,S. Beckjord, Director, Office of Nuclear Regulatory Research, requesting that 10 CFR 20.403, " Notifications of Incidents," be amended. This request was bared on discussions among the Offices of Enforcement General Counsel,. and Nuclear Material Safety and Safeguards. The staff felt at that time that a minor rulemaking was needed to clarify licensee reporting requirements for events having significant implication for public health and safety, including " loss of operations" and " damage to property." The staff took this position because of past nonreactor incidents that were not reported to NRC, but which the staff believes should have been reported.
Backfit Analysis:
-The staff has determined that a backfit analysis is not required for this I
proposed rule because the amendments that apply to power reactors (deletion of sections in 20.403) involve only a relaxation of requirements.
(See memo from M.G. Malsch, OGC, to Commissioner Asselstine, January 23,1986.)
i Notices:
A draft regulatory analysis has been prepared (Enclosure 2). The appropriate Congressional comittees will be notified (Enclosure 3). A weekly report to L
the Comissioners has also been prepared (Enclosure 4).
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.if' Coordination:
':The Offices of NMSS, OE, AEOD, NRR, Administration, and Government and Public-Affairs concur'in the amendments. The Office of_ General Counsel has no legal
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objection.
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Eric S. Beckjord Office of Nuclear Regulatory Research 1
Enclosures:
1.
-Federal Register Notice of Proposed Rulemaking 2.
- Draft Regulatory Analysis 3.-
Draf t Congressional Letters i
- 4.
Draft Weekly Report to the i
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Approved For Publication The Comission delegated to the E00 (10 CFR 1.31(a)(3)) the authority to develop and promulgate rules as defined in the APA (5 U.S.C. 551 (4)) subject 0
to the limitations in NRC Manual Chapter 0103, Organization and Functions, Office of the Executive Director f0r Operations, paragraphs 0213, 038, and 0310.
The enclosed rules, entitled " Notifications of Incidents," will amend 10 CFR 20.403 and establish 10 CFR 30.50,10 CFR 40.60, and 10 CFR 70.50. These amendments ara needed to ensure that significant incidents are pwptly reported to NRC so that the agency can evaluate whether immediate action is required to protect the public health and safety.
These proposed rules do not constitute a significant question of policy, nor do they amend regulations contained in 10 CFR Parts 7, 8, or 9 Subpary C concerning matters of policy.
I, therefore, find that these rules are within the scope of ray rulemaking authority and am proceeding to issue them.
l Date James M. Taylor Executive tirector for Operations l
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4 ENCLOSURE 1 FEDERAL REGISTER NOTICE OF PROPOSED RULEMAKING e
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' NUCLEAR' REGULATORY COMMISSION 10 CFR Parts 20, 30, 40, and 70 RIN: 3150 - AC 91 Notifications of Incidents AGENCY: Nuclear Regulatory Comission.
ACTION: Proposed rule.
SUMMARY
- . The Nuclear Regulatory Comission (NRC) proposes to amend-its regulations to revise licensee reporting requirements'regarding the notifications of incidents related to radiation safety. This action is needed to ensure that significant occurrences at material licensee facilities are promptly reported to NRC so that the Comission can evaluate whether imediate action is required to protect the public health and safAty.
DATE: The coment period expires 75 days after publication. Coments received after this date will be considered-if it is practicable to do so, but the staff is able to ensure consideration only for coments received on or before this date.
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ADDRESSES: Mail written comments to the Secretary, U.S. Nuclear Regulatory Comission, Washington, DC 20555, Attention: Docketing and Service Branch.
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Coments may be delivered to One White Flint North,11555 Rockville Pike, 1
L Rockville, MD, between 7:30 a.m. and 4:15 p.m. on weekdays. Copies of the regulatory analysis, as well as copies of the coments received on the proposed i
rule,' may be examined at the NRC Public Document Room, 2120 L Street NW, Lower L
Level, Washington, DC.
l FOR FURTHER INFORMATION CONTACT: Joseph J. Mate, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Comission, Washington, DC 20555, telephone (301)492-3795.
l-1 i
4 SUPPLEMENTARY INFORMATION:
Background
Current regulations require that NRC licensees promptly report certain events involving byproduct, source, or special nuclear 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 damage to property in excess of a specific dollar amount. The events are to 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 />, depending on the nature and severity of the event as defined in i 20.403. NRC has become concerned that certain provisions of 5 20.403 need to be revised because licensees have not been reporting certain significant events. Two examples of events that were not reported are shown below.
In both cases, the licensee was cited for violations.
In one case, a fire destroyed a material licensee's building that contained the licensee's moisture density gauge. Damage caused by the fire rendered the gauge unusable, although no radioactive material was released.
NRC was not notified of the fire. As a result, a poten'tially significant event was not promptly evaluated by NRC to determine whether the damaged gauge might-present a hazard to public health and safety.
In a second case at a licensee's site, a uranium hexafluoride cylinder bulged but did not rupture. The event was not reported to NRC. Again, this meant that NRC was not able to promptly evaluate the potential hazard associated with the incident. After this incident, a uranium hexafluoride cylinder in a similar situation did rupture, causing one death and several injuries.
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Discussion The existing reporting requirements in 10 CFR 20.403 are rather general.
More specific requirements are needed to reduce misunderstanding by licensees about the types of events that should be reported. The NRC staff has examined the provisions of 5 20.403 and decided that revisions are appropriate to better describe reportable events having significant implications for public health I
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In final form, this rule will also amend the major revision to Part 20 currently under consideration by the Commission (51 FR 1092).
Therequirementsparagraphs(a)(3),(a)(4),(b)(3),and(b)(4)off20.403 that deal with loss of operation and damage to property are being deleted because the staff believes these criteria are no longer indicative of events that pose a hazard to public health and safety or the environment. For example, the periodic loss of operation of a facility because of age or normal wear is not necessarily related to any potential hazard to the public or environment. The same is true for the cost of repairing damage, e icn may be high for reasons unrelated to any potential radiation hazard associated with licensed material. The deleted sections are being replaced with new criteria that will be added to Parts 30, 40, and 70. Criteria for nuclear power reactors are already contained in 5 50.72 of 10 CFR 50. The staff believes the new requirenents to be added to Parts 30, 40, and 70 will be more indicative of potentially significant events affecting the health and safety of the public and the environment.
The intent of these amendments is to require prompt notification to the NRC of events that would require prompt action by the NRC to protect public health and safety or the environment. Prompt NRC actions may include evaluating the potential hazards and corrective actions being taken, issuing immediate warnings of generic hazards to appropriate organizations, activating the NRC incident response center, or dispatching a response team to the site of the event.
.The NRC specifically requests public connents on (1) the appropriateness of these amendments, (2) the number of reports that licensees expect might be generated yearly, (3) how to minimize reports of events that do not require a prompt NRC response without excluding any events that do require prompt NRC actions, and (4) events that would require prompt NRC actions but are not covered under the proposed amendments, and how to include these events in notification requirements.
The proposed amendments for Parts 30, 40, and 70 are identical. The discussion that follows is, therefore, organized by the type of requirement rather than by the part of the regulation where it is found. The amendments 3
discussed below do not apply to comercial power reactor licensees under 10 CFR Part 50.
Definition of Imediate Notification A period of four hours would be used to define the term "immediate notification" for material Itcensees.
It is intended that licensees will notify the NRC of incidents as soon as possible, but in no case later than four hours after discovery. This is consistent with some of the imediate reporting requirements specified in 5 50.72 for power reactors.
Four hours was used because many smaller material licensees do not have the capability to quickly assess and respond to events that reactor licensees possess and because the degree of hazard posed by nonreactor events is typically much smaller than the hazard posed by reactor events.
Worker Safety-Related Events NRC places the primary responsibility on the Itcensee for controlling and using licensed material safely. Therefore, it is important that NRC receive reports of events or conditions that prevent or threaten to prevent the performance of surveys or other safety-related duties necessary to maintain control of licensed material. A reporting requirement for these types of L
safety-related events has been specifically included to clarify that these
-events must be reported. A similar requirement it currently specified in 10 CFR 50.72(b)(1)(vi) for reactor licensees.
An example of an incident that should be reported is the bulging of a filled uranium hexafluoride cylinder.
l-This incident may cause minimal damage and no injury, but if it threatens a release of licensed material that could injure individuals in the area and prevent corrective actions necessary to control the material, NRC must be aware of the situation so that it can respond appropriately.
L Prompt notification is required only if events or conditions threaten an imediate disabling injury or threaten to prevent imediate l
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L protective actions necessary to protect the public or the environment. For example, prompt NRC notification is.not required if crumbling insulation is'
. exposing licensee personnel to airborne asbestos fibers. Although the condition threatens the health of the workers, it does not threaten an immediate disabling injury or threaten to prevent immediate actions necessary to maintain'and verify control of licensed material.
Contamination Events i
A new requirement would be added for licenseet, to report contamination o
events if access to an area must be restricted for more 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 en event that causes accidental contamination in excess of the radiological conditions normally present in an area.
If~ contamination is not cleaned up in a timely I
manner, personnel entering the area may receive unnecessary radiation exposure and may spread the contamination to themselves, others, or other areas. It is important that NRC receive notification of these events because NRC action may i
be necessary to ensure that decontamination and cleanup activities are performed in a timely manner. 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 matter may be significant and may require prompt NRC on-site presence. This requirement is applicable to both unrestricted and restricted areas. For example, a radioactive waste container storage area is normally locked and restricted. A spill that contaminated the floor and was not cleaned up immediately would require workers to wear additional anti-contamination clothing and would increase the risk of spreading the contamination during operations in the area. This type of situation would be reportable under the revised regulation.
Safety-System Related Events A new reporting requirement would be added for licensees to re/Nt events in which equipment necessary to prevent uncontrolled releases of radioactive 5
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i material, to prevent overexposure to radiation, or to mitigate the consequences of an accident is disabled or fails to function as designed. This notification requirement encompasses procedural errors, equipment failure, and equipment
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damage. Notification is not required for an individual component failure if redundant equipment-is available and is able to perform the required function.
o These events must be evaluated to determine what changes and improvements are needed. A similar requirement is currently specified in 10 CFR 50.72(b)(2)(iii) t l
for reactor licensees. An example of a reportable event is a malfunctioning l
interlock on a shielded irradiator chamber door -- the door could be opened while a source containing several thousand curies is exposed, resulting in a person receiving a large radiation dose in a very short time. NRC action may l
be necessary to warn other licensees of generic safety problems or to specify additional controls to protect occupational workers and the public.
The NRC does not want to receiv,e reports of events with little safety l.
significance that don't require an NRC response. For example, a radiographer may crank the source out of his radiography camera and then discover that his survey meter is inoperable because the battery just went dead. Without an-operable survey meter, the radiographer can't verify that the source is safely l -
within the shielded camera after cranking it back. If another operable survey meter is available or a spare battery is available and the camera is imediately surveyed to verify the radiation levels, NRC notification of the survey meter failure isn't required by the proposed amendments. However, if redundant equipment is not available, prompt NRC notification is required because prompt NRC action is needed to ensure that appropriate steps are taken to restrict the area and verify the location of the source.
personal Injury Events
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A requirement would be added for licensees to report events that require medical treatment of a radioactively contaminated individual at a medical i
facility. These events are highly significant because they may (1) indicate safety problems in a licensed operation, (2) risk internal contamination through open wounds, and (3) expose medical personnel to radiation and contamination. A 6
i similar requirement.is currently specified in 10 CFR 50.72(b)(2)(v). This l
requirement is worded to avoid any reference to transporting the individual to ensure that events of this' type occurring in medical facilities where no transportation is required are not' excluded. To avoid numerous reports of 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 at a licensee-maintained medical facility is the only treatment rendered, t
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Fires and Explosions A new requirement would be added to report all fires and explosions damaging licensed material or any device, container, or equipment containing-licensed material.
These events must be evaluated promptly to minimize any spread of contamination and to determine the performance of features designed to control licensed material.
Fires or explosions damaging licensed material are of particular significance because they can cause material in sealed sources to be released, generate airborne radioactive contamination, and generate contaminated runoff from water used to extinguish fires.
j Environmental Impact:
Categorical Exclusion The NRC has determined that this proposed regulation is the type of action describedasacategoricalexclusionin10CFR51.22(c)(3)(iii). Therefore, j
neither an environmental impact statement nor an environmental assessment has been prepared for this proposed regulation.
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i' Paperwork Reduction Act Statement The proposed rule amends information collection requirements that are sub' ject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). This proposed rule has been submitted to the Office of. Management and Budget for review and approval 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 completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of infonnation, including suggestions for reducing this burden, to the Information and Records Management Branch (P-530), U.S. Nuch.ar Regulatory Comission, Washington, DC 20555; and to the Paperwork Reduction Project (3150-0014),
Office of Management and Budget, Washington, DC 20503.
Regulatory Analysis The Comission has prepared a draft regulatory analysis on this proposed regulation. The analysis examines the costs and benefits of the alternatives considered by the Comission. The draft analysis is available for inspection in the NRC Public Document Room, 2120 L Street NW., Washington, DC. Single-
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copies of the draft analysis may be obtained from.loseph J. Mate, telephone (301)492-3795. The Commission requests public comments on the draft regulatory analysis. Comments on the draft analysis may be submitted to the NRC as indicated under the ADDRESSES heading.
Regulatory Flexibility Certification Based on 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 a significant economic impact on a substantial number of small entities. The 8
'l proposed rule affects approximately 9,100 licensees monitored by NRC under 10 CFR Parts 30, 40, and 70. The licenses are issued to academic institutions, medical institutions, and industrial entities. The proposed rule is being issued in order to reduce misunderstandings by material licensees and to clarify the types of events that must be reported to NRC. No report would be requirect of licensees unless there is an incident involving licensed material that meets 1.he requirements specified in the proposed amendments. Since the revised reporting requirements are essentially the same as the current 1
reporting requirements, the. impact on licensees should be minimal.
Backfit Analysis The NRC has determined that the backfit rule,10 CFR 50.109, does not apply to this proposed rule and therefore a backfit analysis is not required because the amendments that apply to power reactors (deletion of Sections
-(a)(3),(a)(4),(b)(3),and(b)(4)of10CFR20.403)involveonlyarelaxation of requirements.
(See Memorandum from M.G. Halsch, OGC, to Commissioner Asselstine, January 23,1986.)
List of Subjects in 10 CFR Part 20, 30, 40, and 70 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 recordkeeping requirements,
.Special nuclear material, Source material, Waste treatment and disposal.
10 CFR PART 30 Byproduct material, Government contracts, Intergovernmental relations,
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Isotopes, Nuclear materials, Penalty, Radiation pro *tection, Reporting and recordkeeping requirements.
10 CFR PART 40 Government contracts, Hazardous materials-transportation, Nuclear materials, Penalty, Reporting and recordkeeping requirements, Source material and Uranium.
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e-10 CFR PART 70 Hazardous materials-transportation, Nuclear amterials, Packaging and containers, Penalty, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, Security measures, 'Special nuclear 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 amendments to 10 CFR Parts 20, 30, 40, and 70.
PART 20 - STANDARDS FOR PROTECTION AGAINST RADIATION 1.
The authority citation for Part 20 continues 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 amended, 202, 206, 88 Stat.1242, as amended, 1244,1246(42 U.S.C.5841,5842,5846).
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 $$ 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)).
2.
Ini20.403, paragraphs (a)(3),(a)(4),(b)(3),and(b)(4)areremoved.
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PART 30 - RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF BYPRODUCT MATERIAL 3.
The authority citation for Part 30 continues 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, 2232,2233,2236,2282); secs.201,asamended, 202, 206, 88 Stat.1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).
Section 30.7 also issued under Pub. L.95-601, sec.10, 92 Stat. 2951 (42U.S.C.5851). Section 30.34(b) also issued under sec.~184, 68, Stat. 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);
il30.3,30.34(b)(c)and(f),and30.41(a)and(c),and30.53areissuedunder sec.161b, 68 Stat. 948, :s amended (42 U.S.C. 2201(b)); and il 30.6, 30.9, 30.36, 30.51, 30.52, 30.55, and 30.56(b) and (c) are issued under sec.1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
4.-
A new $ 30.50 is added to read as follows:
5 30.50 Notification Requirements.
l (a)Immediatenotification. Each licensee shall notify the NRC as soon as possible but in no case later than four hours after the discovery of any event involving licensed material that prevents or threatens to prevent imediate l
actions necessary to maintain and verify control of ifcensed material (includes L
fires, explosions, toxic gas releases). Notification is required only if the L
svent involves immediate bodily ham or would prevent immediate protective action necessary to protect the public or the environment.
(b) Twenty-four hour notification. Each licensee shall notify the NHC 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:
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(1) Any contamination event that restricts 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 in which equipment necessary to prevent uncontrolled releases of radioactive material, or to prevent overexposures to radiation, or to mitigate 4
.the consequences of an accident, is disabled or fails to function as designed when it is needed. Notification is not required if an individual component is disabled or fails to function if redundant equipment is available and is able to perform the required function.
1 (3) Any event that requires medical treatment of a radioactively contaminated individual at a medical facility. -Notification is not required if first aid at a licensee-maintained medical facility for a superficial injury is the only treatment rendered.
(4) Any fire or explosion damaging any licensed material or any device, l
container, or equipment containing licensed material.
(c) Preparation and submission of reports. Reports filed with the NRC pursuant to this section must have the names of persons who have received -
exposure to radiation 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:
~
l (1) Licensees shall make reports required by paragraphs (a) and (b) of this section by telephone to the NRC Operations Center. To the extent that the information is available at the time of notification, the information provided in these reports must include:
j (1) The caller's name and call back telephone number, (ii) A description of the event, including date and time, (iii) The exact location of the event,
- The commercial telephone number for the NRC Operations Center is (202) 951-0550.
12
(iv) The isotopes, quantities, and ebmical or physical fom of the Itcensed material involved, and (v) Aqv personnel radiation exposure data available.
(2) Thirty-day followup written report. Each licensee who makes a ieport required by paragraph (a) or (b) of this section shall submit a written followup report within 30 days of the initial report. These written reports shall be sent to the U.S. Nuclear Regulatory Commission, Document Control Desk, Washington, DC 20555, with a copy to the appropriate NRC Regional office listed in Appendix D of 10 CFR Part 20. The reports must include the following:
(1) A description of the event, including the probable cause and the manufacturer and model number of any equipment that failed or malfunctioned, (ii) The exact location of the event, (iii) The isotopes, quantities, and chemical or physical form of the licensed material involved, (iv) Date and tine of the event, (v) Corrective actions taken or planned and the results of any evaluations or assessments, and (vi) The extent of exposure of individuals to radiation or to radioacti" - "erials.
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1 (3) The provisions of i 30.50 do not apply to con.nercial power reactor licensees. These licensees will continue to report under i 50.72.
PART 40 - DOMESTIC LICENSING OF SOURCE MATERIAL 5.
The authority citation for Part 40 continues to read as follows:
AUTHORITY: Secs. 62, 63, 64, 65, 81,161,182,183,186, 68 Stat. 932, 933, 935, 948, 953, 954, 955, as amended, secs.11e(2), 83, 84, Pub. L.95-604, 92 i
Stat. 3033, as auended, 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.5841,5B42, 13
T.
4 5846); sec. 275, 92 Stat. 3021, as amended by Pub. L.97-415, 96 Stat. 2067 (42 U.S.C. 2022).
Section 40.7 also issued under Pub. L.95-601, sec.10, 92 Stat. 2951 (42 U.S.C.5841)Section40.31(g)alsoissuedundersec.122,68 Stat.939(42 U.S.C.2152). Section 40.46 also issued under sec.184, 68 Stat. 954, as amended (42U.S.C.2234). Section 40.71 also issued under sec. 187, 68 Stat.
955(42U.S.C.2237).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
il 40.3, 40.25(d)(1)-(3), 40.35(a)-(d), and (f) 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 il 40.5, 40.9, 40.25(c), (d)(3), and (4),
i 40.26(c)(2), 40.35(e) 40.42, 40.61, 40.62, 40.64, and 40.65 are issued under sec.1610, 68 Stat. 950 as amended (42 U.S.C. 2201(o)).
6.
A new i 40.60 is added to read as follows:
i 40.60 Notification Requirements.
(a)Immediatenotification. Each licensee shall notify the NRC as soon as possible but in no case later than four hours after discovery of any event involving licensed material that prevents or threatens to prevent immediate actions necessary to maintain and verify control of licensed material (includesfires, explosions,toxicgasreleases). Notification is required only if the event involves immediate bodily harm or would prevent imediate protective action necessary to protect the public or the environment.
1 (b) Twenty-fourhournotification. 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 restricts 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 />.
14 l
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(2) Any event in which equipment necessary to prevent uncontrolled releases of i
radioactive material, or to prevent overexposure $ to radiation, or to mitigate the consequences of an accident, is disabled or fails to function as designed when it is needed. Notification is not required if an individual component is disabled or fails E function if redundant equipment is available and is able to perform the required function.
(3) Any event that requires medical treatment of a radioactively contaminated individual at a medical facility. Notification is not required if first aid at a licensee-maintained medical facility for a superficial injury is the only treatment rendered.
(4) Any fire or explosion damaging any licensed material or any device, container, or equipment containing licensed material.
(c)Preparationandsubmissionofreports. Reports filed with the NRC pursuant to this section must have the names of persons who have received exposure to radiation 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 reports required by paragraphs (a) and (b) of this section by telephone to the NRC Operations Center.' To the extent that the information is available at the time of notification, the information provided in these reports must include:
(1) The caller's name at.d call back telephore number, (ii) A description of the event, including dcte and time, (iii) The exact location of the event, (iv) The isotopes, quantities, and chemical / physical fonn of the licensed material involved, and (v) Any personnel radiation exposure data available.
- The consnerci.11 telephone number for the NRC Operations Center is (202) 951-0550.
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(2) Thirty-day followup written report.
Each licensee who makes a report required by paragraph (a) or (b) of this section shall submit a written followup report within 30 days of the initial report. These written reports shall be sent to the U.S. Nuclear Regulatory Commission, Document Control Desk, Washington, DC 20555, with a copy to the appropriate NRC Regional office listed in Appendix D of 10 CFR Part 20. The reports must include the following:
(1) A description of the event, including the probable cause and the manufacturer and model number of any equipment that failed or malfunctioned, (ii) The exact location of the event, (iii) The isotopes, quantities, and chemical or physical form of the licensed material involved, (iv) Date and time of the event, (v) Corrective actions taken or planned and the results of any evaluations or assessments, and (v1) The extent of exposure of individuals to radiation or to radioactive materials.
(3) The provisions of i 40.60 do not apply to commercial power reactor licensees. These licensees will continue to report under i 50.72.
PART 70 - DOMESTIC LICENSING OF DECIAL NUCLEAR MATERIAL 7.
The authority citation for Part 70 continues to read as follows:
AUTHORITY: Secs. 51, 53,161,182,183, 68, Stat. 929, 930, 948, 953, 954, 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,(42U.S.C.5841,5842,5845,5846).
Sections 70.1(c)and70.20a(b)alsoissuedundersecs. 135, 141, Pub. L.97-425,96 Stat.2232,2241(42U.S.C.10155,10161). Section 70.7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). Section 70.21(g) 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.
16
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(42U.S.C.2236,2237). Section 70.62 also issued under sec. 108, 68 Stat.939,asamended(42U.S.C.2138).
i Forthepurposesofsec.223,68 Stat.958,asamended(42U.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(i),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)-(9), 70.56, 70.57(b) and (d), and 70.58 (a)-(g) (3) and (h)-(j) are issued under sec. 1611, 68 Stat. 949, as amended l
(42 U.S.C. 2201(1)); and il 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,asamended(42U.S.C.
2201(o)).
8.
A new I 70.50 is added to read as follows:
5 70.50 Notification Requirements.
(a) Immediate notification. Each licensee shall notify the NRC as soon as possible but in no case later than four hours after the discovery of ary event involving licensed material that prevents or threatens to prevent imediate action necessary to maintain and verify control of licensed material (includes fires, explosions, toxic gas releases).
Notification is required only if the event involves imediate bodily harm or would prevent immediate protective action necessary to protect the public or the environment.
I (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:
17
w (1) Any contamination event that restricts 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 in which equipment necessary to prevent uncontrolled releases of radioactive material, or to prevent exposure to radiation, or to mitigate the consequences of an accident is disabled or fails to function as designed when it is needed. Nutification is not required if an individual component is disabled or falls to function if redundant equipment is available and is able to perform the required function.
(3) Any event that requires medical treatment of a radioactively contaminated individual at a medical facility. Notification is not required if first aid at a licensee-maintained medical facility for a superficial injury is the only treatment rendered.
(4) Any fire or explosion damaging any licensed material or any device, l
container, or equipment containing licensed material.
(c) Preparation and submission of reports. ReportsfihedwiththeNRC pursuant to this section must have the names of persons who have received exposure to radiation 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 reports required by paragraphs (a) and (b) of this section by telephone to the NRC Operations Center.
To the extent that the information is available at the time of notification, the information provided must include:
f
- The commercial telephone number for the NRC Operations Center is-(202) 951-0550.
18 Encid ure 1
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(i) The caller'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 chemical or physical form of the licensed material involved, and (v) Aqy personnel radiation exposure data available.
(2) Thirty-day followup written report. Each licensee who makes a report requ' red by paragraph (a) or (b) of this section shall prepare a written followup report within 30 days of the initial report. These written reports must be sent to the U.S. Nuclear Regulatory Commission, Document Control Desk, Washington, DC 20555, with a copy to the appropriate NRC Regional office listed in Appendix D of 10 CFR Part 20. The reports must include the following:
(1) A description of the event, including the probable cause and the manufacturer and model number of any equipment that failed or malfunctioned, (ii) The exact location of the event, (iii) The isotopes, quantities and chemical or physical form of the licensed material involved, (iv) Date and time of the event, (v) Corrective actions taken or planned and the results of any i
evaluations or assessments, and (vi) The extent of exposure of individuals to radiation or to radioactive materials.
(3) The provisions of f 70.50 do not apply to commercial pcwer reactor licensees. These licensees will continue to report under i 50.72.
Dated at Rockville, Maryland, this day of
,1989.
For the Nuclear Regulatory Comission.
James M. Taylor Executive Director for Operations 19
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Document Name:
DRAFT REG ANALYSIS /
Requestor's ID:
YOUNG j
Author's Name:
JMATE Document Consnents; 2/24/S9 rg notification of incidents 2nd draft re 20.403 j
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ENCLOSURE 2 DRAFT REGULATORY ANALYSIS 8
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STATEMENT OF THE PROBLEM The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to revise licensee reporting requirements regarding the notification of incidents related to radiation, safety.
The present regulations in 10 CFR 20.403 (Notifications of Incidents) require that NRC licensees report certain events involving byproduct, source, or special nuclear 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 damage to property in excess of a specific dollar amount. The events are to be reported either immediately 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 the nature and severity of the event as defined in i 20.403. NRC has become concerned that certain provisions of i 20.403 need to be revised because material licensees have not been reporting significant events that the NRC staff believes should have been reported.
OBJECT!YES The present reporting requirements of i 20.403 are fairly general and more specific requirements are believed appropriate to reduce misconceptions by material licensees about the types of events that should be reported. Specific requirements for nuclear power reactors are already contained in 10 CFR Part
- 50. The staff's proposed amendments to 10 CFR Parts 20, 30, 40 and 70 have the following objectives:
(1) to better describe reportable events that have
' significant imp 1tcations for public health and safety, and (2) to clarify the
tem "imediate notification." This action is needed to ensure that significant occurrences are promptly reported to the NRC so that the NRC can evaluate whether to take immediate action to protect tb-
'c health and safety.
COSTS AND BENEFITS OF ALTERNATIVES Since the only alternative to the proposed amendments under consideration is to take no action, the incremental costs and benefits of that alternative are zero.
i The benefits of these proposed amendments relate to increased public health and safety and decreased risks of occupational exposure. First, the action will make material licensees more aware of their responsibilities with respect to reporting incidents. This amendment should result in material licensees reporting occurrences when required, resulting in a greater likelihood that licensees and the NRC will take the timely steps to preserve the pubite health i
l and safety, as well as that of employees.
Another potential benefit will be greater assurance that the NRC will receive l
material licensee reports of an increased beneficial nature relating to public and occupational health and safety. These data will allow the NRC to more readily identify potential problems that may need remedial action.
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4 The costs of this action are the operating expenses, which may be incurred by both material licensees and the NRC, based on the proposed regulatory action and 'ie subsequent change in the number of material licensee reports expected to be generated as a result of the revision. These costs are not j
easily estimated because it is not clear how great the change will be in the number of incidents reported. Since this proposed action is not considered a l
major addition, there should be little additional burden imposed; hence there should not be a large increase in the number of material licensee reports coming to the NRC.
It should be noted that the NRC labor rates presented here differ from those developed under the NRC's license fee recovery program (10 CFR Part 170). For regulatory analysis purposes, labor rates are developed under strict incremental cost principles wherein only variable costs that are directly related to the implementation of the proposed requirement are included. This l
approach is consistent with guidance set forth in NUREG/CR-3560, "A Handbook for Yalue-Impact Assessment," and general cost-benefit methodology.
Alternatively, NRC labor rates for fee recovery purposes are appropriately designed for full cost recovery of the services rendered and as such include non-incrementalcosts(e.g., overhead, administrative,andlogisticalsupport costs).
Data obtained from the NRC's Office of Governmental and Public Affairs indicate that there are approximately 9,100 material licensees monitored by NRC under 10 CFR Part 20, as of February 1989. A review of the reports l
submitted in recent years indicate that about 90 to 95 nonreactor incident reports have been submitted annually. Since NRC has discovered very t
D few unreported incidents the incremental change in the nu%er of additional reports be is expected to be small. Alternatively, tMs action may raise the licensees' awareness of their responsibility to rnort incidents and may initially result in an increase in the number of unnecessary reports.
Licensees may feel it necessary to take a cautics approach and report incidents that would not actually need to be reported. The staff believes that, for this analysis, a doubling of the present number of reports, i.e., 90 reports to 180 reports per year, is conservative.
In addition to the potential impact on material licensees from an increased number of reports, this proposed action could also have an impact on the NRC Operations Center staff and resources. There is a concern that the increased number of telephone calls is most likely during the ifcensees' 8 to 5 workday, placing a disproportionate peak demand on the Operations Center.
If this turns out to be the case, an additional FTE could be needed for the Operations Center.
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I The staff estimates the licensee's cost for telephoning the NRC and producing
(
the required two-to three-page letter report to be a few hours of effort, j
Hence, a value of $100 per report is assumed to more than adequately capture l
the licensee's cost. The annual cost to the industry for the additional 90 reports, at the assumed $100 per report, is $9,000.
Emergency Operations Center data indicate that the average time for an operator to receive, evaluate, report, and record a material licensee's telephone call is 30. minutes. The Regional Offices indicate that, on l
d.
average, about four hours of staff time is required for follow-up on each report received. Therefore, NRC's annual cost estimate is based on a 30-minute-per-report value for the Operations Center staff, and an additional four hours for the Regional Offices to review the report and act on the incident as necessary. Using $40.75 as the average NRC technical staff hourly rate (SeeNUREG/CR-4627,Rev.1,"GenericCostEstimates," Abstract 5.2),the annual NRC cost is calculated to be $16,500 for the additional 90 telephone calls and follow up reports per year. Assuming a 30-year time period and a 10 percent real discount rate, the total industry costs become $84,870, while the total NRC costs would be $155,630.
(For a description of the approach used,seeAppendixCofNUREG/CR-3568,"AHandbookforValue-impactAssessment.*)
However, the average total industy cost over the 30-year period is $3.50 per licensee.
Table 1.
Estimated Incremental Impact Based on an Assumed Annual l-Increase of 90 Reports t
l 30-Year
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Present Worth Factor, Based on a 10%
Total Costs Industry Costs Annual Costs Real Discount Rate Over 30 Years
($100 per report)
$ 9,000 9.43
$ 85,000 NRC Cost (4.5 hr per report F$40.75 per br)
$16,500 9.43
$156,000 DECISION RATIONALE This proposed regulatory action is essentially an update and revision of existing rules, and potentially its greatest benefit is ' expected regulatory 1
5
and compliance improvements resulting from the proposed action" (NUREG/CR-3536, "A Handbook for Value-Impact Assessment," p.2.3).
Therefore, 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 its licensees. MRC's awareness and collection of this data could result in additional requirements (based on these reports) that will prorote incremental impacts to health and safety.
If substantial changes occur in the number of these reports coming to the NRC, the Operations Center rey need to expand its staff and resources.
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ENCLOSURE 3 DRAFT CONGRESSIONAL LETTERS I
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Document Name:
CONGRESSIONAL LTR/JMATE j
Requestor's ID:
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Author's Name:
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Document Comments:
12/23/86 DO NOT DELETE i
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UNITED STATES i
p NUCLEAR REGULATORY COMMISSION N
WASHINGTON, D. C *G556 4,.....
t The Honorable Morris K. Udall, Chairman Subcommittee on Energy and the Environment Cosmittee on Interior and Insular Affairs United States House of Representatives Washington, DC 20515
Dear Mr. Chaiman:
Enclosed for the information of the subcomittee is a copy of a Notice of Proposed Rulemaking to be published in the' Federal Register. The Nuclear Regulatory Comission is proposing to amend its regulations to update and revise licensee's reporting requirements for notifications of incidents.
It is anticipated that the proposed rules will ensure that significant incidents are promptly and accurately reported so that NRC can evaluate whether prompt action is required to protect the public health and safety.
Sincu t ly, Eric S. Beckjord, Director Office of Nuclt.ar Regulatory Research
Enclosure:
Notice of Proposed Rulemaking cc:
Fep. James Y. Hansen l
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O IDENTICAL LETTERS T0:
Chairman John B. Ereaux, Senate Subcommittee on Nuclear Regulation ec: Alan K. Simpson Chairman Philip R. Sharp, House Subcommittee on Energy and Power cc: Carlos J. Moorhead The Honorable Morris K. Udall, Chairman Subcommittee on Energy and the Environment Committee on Interior and Insular Affairs United States House of Representatives Washington, DC 20515
Dear Mr. Chairman:
Enclosed for the information of the subcommittee is a copy of a Notice of Proposed Rulemaking to be published in the Federal Register. The Nuclear Regulatory Commission is proposing to amend its regulations to update and revise licensee's reporting requirements for notifications of incidents.
It is anticipated that the proposed rules will ensure that significant incidents are promptly and accurately reported so that NRC can evaluate whether prompt action is required to protect the public health and safety.
Sincerely.
Eric S. Beckjord, Director Office of Nuclear Regulatory Research Enclosuret Notice of Proposed Rulemaking cc: Rep. James V. Hansen Distribution:
[CONGRESSIONALLTR/JMATE]
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V WEEXLY REPORT TO THE COMNISSION OFFICE OF NUCLEAR REGULATORY RESEARCH Proposed Rule Signed by the E00 On 1990, the Executive Director for Operations approved the proposed rules that would amend 10 CFR Part 20, " Standards for Protection i
Against Radiation" 10 CFR Part 30, " Rules of General Applicability to i
Domestic Licensing of Byproduct Material," 10 CFR Part 40, ' Domestic Licensing of Source Material," and 10 CFR Part 70, ' Domestic Licensing of Special Nuclear Material.' The proposed amendments would revise licensee reporting requirements for notifications of incidents. This constitutes notice to the Commission that, in accordance with the rulemaking authority delegated to the EDO, the EDO has received the proposed rules and proposes to forward them to the Office of the Federal Register for publication.
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