ML20055D456

Comments on Proposed Rulemaking Package 10CFR20.403 Re Notification of Incidents.Enforceability of Rule Questioned

ML20055D456
Person / Time
Issue date:	12/29/1989
From:	Lieberman J NRC OFFICE OF ENFORCEMENT (OE)
To:	Beckjord E NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
Shared Package
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References
FRN-55FR19890, RULE-PR-20, RULE-PR-30, RULE-PR-40, RULE-PR-70 AC91-1-053, AC91-1-53, NUDOCS 9007060324
Download: ML20055D456 (1)

Text

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DEC 2 9 toco MEMORANDUM FOR: Eric S. Beckford, Director Office of Nuclear Regulatory Research FROM:

James Lieberman, Director Office of Enforcement

SUBJECT:

PROPOSED RULEMAKING - NOTIFICATION OF INCIDENTS 10 CFR 20.403 of specificity with paragraphs (a) and (b)(2)My main concern is with the lack I 6m still not satisfied with this package.

There does not appear to be sufficient examples in ny view to provide sufficient notice of what needs to be reported and, therefore, I question the enforcecbtlity of the rule.

Examples could be provided in the Statement of Consideration. For 50.72 and 50.73 a NUREG was written providing examples. This is a matter that should be discussed with OGC.

In addition I offer the following consnents:

(1) The authority section should be modified to indicate the rule change is being issued under 161(b) for purposes of 223.

(2) The Statement of Consideration should be clarified in its discussion of prompt NRC notification. Does this refer to imediate under paragraph (a) or 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> un, der paragraph (b)?

(3) Does the agency intend to respond to situations where there was t

not an operable survey meter or an operable self-reading dosineter?

I understand the value of the information but do we need it within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />?

(4) There may need to be clarified what fire's are reported under what provisiens? Most fires will prevent for some time, limited as it may be, imediate action to maintain control of material.

However, the fire may be over within a few minutes at which time the material is controllable. What paragraph applies?

l (5) Does a stuck well logging source require immediate notification?

In sum, I strongly recomend that NMSS and the regions provide examples of what specific matters we want to be reported which are not now reported.

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<N 9007060324 900626 smes Lieberman, Director 55N19890 Office of Enforcement PDR cc:

J. Mate, RES S. Treby, OGC R. Bernero, NMSS E. Jordan, AEOD R. Cunningham, NMSS

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