ML20055D463
| ML20055D463 | |
| Person / Time | |
|---|---|
| Issue date: | 03/16/1990 |
| From: | Beckjord E NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| To: | Taylor J NRC |
| Shared Package | |
| ML20055C192 | List:
|
| References | |
| FRN-55FR19890, RULE-PR-20, RULE-PR-30, RULE-PR-40, RULE-PR-70 AC91-1-056, AC91-1-56, NUDOCS 9007060332 | |
| Download: ML20055D463 (44) | |
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NUCLEAR REGULATORY COMMISSION n
f 4,I WASHINGT ON, D. C. 20555 fb ttAn 101990 MEMORANDUM FOR: James M. Taylor, Executive Director for Operations FROM:
Eric S. Beckjord, Director, Office of Nuclear Regulatory Research
SUBJECT:
PROPOSED AMENDMEllT TO 10 CFR 20.403 - NOTIFICATIONS OF INCIDENTS Attached for your signature is a Notice of Proposed Rulemaking (Enclosure 1) to be published in the Federal Regirtr.r. The proposed rulemaking is needed to assure that prompt notification of a significant occurrence at a materials licensee facility is made to the NRC so that the Commission can evaluate whether prompt action is needed to protect the public health and safety.
Sections (a)(3), (a)(4), (b)(3), and (b)(4) of 10 CFR 20.403, " Notification of Incidents," regarding the loss of operations and damage to property for both immediate and 24-hour notifications would be removed and new requirements added to Parts 30, 40, and 70 as Sections 30.50, 40.60, nd 70.50. Section 50.72 of 10 CFR 50 already contains special notification requirements for nuclear power reactors.
In addition, the term "immediate notification" is defined for the added sections.
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 staff of the Offices of Enforcement, General Counsel, and Nuclear itaterial Safety and Safeguards. The staff believed that a minor rulemeking was needed to clarify the materials licensee reporting requirements for events having significant implication for public health 2nd safety, including " loss of operations" and " damage to property."
The staff arrived at 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.
Notices:
A draft regulatory analysis has been prepared (Enclosure 2). The appropriete Congressional committees will be notified (Enclosure 3). A weekly report to theCommissionershasalsobeenprepared(Enclosure 4).
g70 332 900626 20 55FR19890 PDR
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MAR 101990 Coordination:
The Offices of NMSS, OE, AE00, NRR, Administration, and Governmental and Public Affairs concur in the amendments. The Office of General Counsel has no legal objection.
31 1 h
E Bec or, Director Off of Nuclea Regulatory Research
Enclosures:
1.
Federal Register Notice of Proposed Rulemaking 2.
Draft Regulatory Analysis 3.
Draft Congressional Letters 4.
Draf t Weekly Report to the Commissioners I
I e-
1 2
NAR 161990 Coordination:
The Offices of HMSS, OE, AE00, NRR, Administration, and Governmental and Public Affairs concur in the amendments. The Office of General Counsel has no_ legal
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objection.
Originals!gned By:
C. J. Hellemes, Jr.
s Eric S. Beckjord, Di ctor Office of Nuclear Regulatory Research
Enclosures:
1.
Federal Register Notice of Proposed Rulemaking 2.
Draf t Regulatory Analysis 3.
Draft Congressional Letters 4.
Draf t Weekly Report to the Commissioners Distribution: [ NOTIFICATION / MATE]
subj-circ-chron Reading Files /SBahedur ESBeckjord CHeltemes Bliorris FCostanzi ADiPalo JMate
- See previous concurrences.
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Enclosure l' i
FEDERAL REGISTER ::. IICE
r 17590-01J c
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 Commission (NRC) proposes to amend its j
regulations to revise licensee reporting requirements regarding the noti-f.ations 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 Connission can f
evaluate whether the licensee has teken the action required to protect the public health and safety and whether generic safety concerns are identified that may require prompt NRC action.
OlTE: The comment per'od expires 75 days after publication. Comments received after thir date will be considered if it is practical to do so, but the staff is-able to ensure consideration only for comments received on or before this date.
ADDRESSES: Mail written concents tu the Secretary, U.S. Nuclear Regulatory Comission, Washington, DC 20555, Attention: Docteting and Service Branch. Coments may be delivered to One White Flint North, 1
I 1
Enclosure
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comments received on the proposed rule, may be examined at the NRC Public Document Room, 2120 L Street NW,(Lower Level), Washington, DC.
FOR FURTHER INFORMATION CONTACT: Joseph J. Mate, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301)492-3795.
SUPPLEMENTARY INFORMATION:
1 Background
Current regulations require that NRC licensees promptly report certain events involving by-product, 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 />, 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 oi the fire. As a result, a potentially 2
Enclosure
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[7590-01]
significant event was not promptly evaluated by NRC to determine whether
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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 flRC.
Again, this mear.t 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 at another licensee's site did rupture, causing one death and several injuries.
Oiscussion The existing reporting requirements in 10 CFR 20.403 are general.
The NRC staff has examined the provisions of 9 20.403 and decided that revisions are appropriate to better describe reportable events having significant implications for public health and safety. The rule would be a ""' ter of compatibility for the Agreement States. The Agreement States participated in the development of this rule, and their comments were incorporated as appropriate.
In final form, this rule would amend the major revis on to Part 20 currently under consideration by the Commission (51 FR 1092 January 1, 1986).
Paragraphs (a)(3), (a)(4), (b)(3), and (b)(4) of 6 20.403 that deal-with loss of operation and damage to property would be c'eleted because the staff believes these criteria are not the best way co describe events that pose a hazard to public health and safety or the environment.
For example, the periodic loss of operation of a facility is not necessarily related to any potential hazard to the public or environment. The same is true for the cost of repairing damage, which may be high for reasons 3
Enclosure 4
E
[7590-01) unrelated to any potential radiation hazard associated with licensed material. The deleted sections are being replaced with new criteria that
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will be added to Parts 30, 40, and 70. Criteria for nuclear power reactors are already contained in i 50.72 of 10 CFR Part 50. The staff J
believes the new requirements to be added to Parts 30, 40, and 70 will be ir. ore 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 (either immediately or within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />) 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 beino taken by the licensee, issuing immediate warnings of generic hazards to other licensees and appropriate organizations, activating the NRC incident response center, or dispatching a response team to the site of the event.
The NRC specifically requests public comments on (1) the appropriateness of these amendments, (2) the number of reports that licensees r.xpect might be generated yearly, (3) how to minimize reports of events that do not "equire a prompt NRC response without excluding any events that do require prompt NRC actiens, and (4) events that would require prompt NRC actions but are not covered under the proposed amend-ments, and how to include these eve'its in the notification requirenents.
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 proposed anendments do not apply to activities reportable under 10 CFR Part
'0.
The preposed amendments do apply to commercial power reactor licensees for activities licensed under Parts 30, 40, and 70.
Since the notification 4
Enclosure
L/b90-Ulj requirements under 10 CFR Part 50 do not apply to research and test reactors, the proposed anendments also apply to such reactors possessing material licensed under Parts 30, 40, and 70.
Immediate Notification A period of 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> would be the maximum time allowed for "innediate notification" by material licensees.
It is intended that licensees will notify the NRC of incidents as soon as possible, but in no case later than 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> af ter discovery. This is consistent with some of the immediate reporting requirements specified in 6 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.
4 Control of Licensed Material The primary responsibility for controlling licentc) r.aterial and using it safely rests with the licensee.
It is important that the NRC immediately receive reports of events that prevent or threaten to prevent i
the licensee from performing safety-related duties necessary to maintain control of licensed material and protect the public.
A reporting requirement for these types of events would be included. A similar requirement is currently specified in 10 CFR 50.72 (b)(1)(vi) for reactor licensees.
Licensees will need to exercise some judgement in determining when events require an inmediate NRC notification. After an event has been 5
Enclosure
L/b90-01J
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3 discovered, the licensee must determine what immediate actions 6re necessary to maintain and verify control of any licensed material involved. An imediate NRC notification would be required if (1) the event prevented the licensee from performing any of those actions, or (2) the event created a condition that could have prevented any of those actions.
In either case, an imediate report is required regardless of the duration of the incident that prevented the licensee from performing the appropriate actions.
For example, an imediate NRC notification would be required if a filled uranium hexaflouride cylinder bulged or a containment showed signs of failing in a way that would injure individuals in the area and prevent imediate actions necessary to maintain and verify control of licensed material. The NRC must be aware of such a potential hazard so it can assure that appropriate actions are taken.
Imediate notification is required only if events or conditions involving licensed material threaten an imediate disabling injury or threaten to prevent imediate protective actions necessary to protect the public or the environment.
For example, immediate 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 imediate disabling injury or threaten to prevent immediate actions necessary to maintain and verify control of the licensed material in the event of a fire involving licensed material, an imediate NRC notification would be required if workers could not secure the licensed material or assess releases because ef the fire. An imediate notifica-tion would also be required if firefigt.ters could not enter the area to combat the fire because of high radiatico levels or other radiological 6
Enclosure
L7590-01]
hazards.
If all imediate actions necessary to control the licensed material and extinguish the fire were performed but the licensed material or its container was still damaged, a 24-hour notification would be required by the proposed reporting requirement for fires and explosions.
In the event of an explosion involving licensed material, an immediate notification woJ1d be required if the resulting damage prevented workers from socuring the licensed material or assessing releases.
If all imediite actions necessary to control the licensed material were performed lot the material or its container was still damaged, a 24-hour notification would be required by the proposed reporting requirement for fires and explosions.
An imediate notification would also be required if a tornado or other natural phenonenon caused damage that prevented workers from per-forming imediate actions necessary to control licensed material and verify whether any releases had occurred.
Contamination Events A new requirement would be added for licensees to report contamination 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 the cratamination. This reouirement is intended to cover events that cause accidental contaminatior in excess of the radiological conditions normally present.
If the accidental contamination is not cleaned up in a timely manner, personnel entering the area may receive unnecessary radiation exposure and may spread contamination to themselves, others, or other areas.
This requirement is applicable to both unrestricted areas and restricted areas where additional restrictions are imposed.
For example, 7
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[7590-01]
a radioactive waste container storage area is normally locked and i
restricted.
If a spill contaminated the floor for more than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> and required workers entering the area to wear additional anti-contamination clothing, NRC notification within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> would be required.
Another example is a spill of a liquid containing technetium-99m in a nuclear pharmacy. To minimize the dose to workers cleaning up the spill, areas contaminated with technetium-99m are typically isolated for a short time to allow the technetium to decay.. Technetium-99m has a half-life of 6 hours6.944444e-5 days <br />0.00167 hours <br />9.920635e-6 weeks <br />2.283e-6 months <br />.
If the area must be isolated for more than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />, a 24-hour NRC notification would be required.
it is important that NP.C receive notification of such events because prompt NRC action may be necessary to ensure tha+ the contamination and cleanup activities are performed in a timely manner, floreover, if the contamination cannot be cicaned up within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />, the matter nay be significant and require prompt NRC on-site presence.
Safety Equipment Related Events A reporting requirement would be added for licensees to report within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> events in which equipment necessary to prevent uncontrolled releases of radioactive material, to prevent overexposures to radiation, or to mitigate the consequences of an accident is disabled or fails to function as designed when it is needed. This reporting requirement includes equipment failure, equipment damage, and procedural errors which cause equipnent to fail or be disabled. NRC must be aware of these events to identify potential safety hazards and to ensure that the licensee takes appropriate actions to protect workers and the public.
8 Enclosure
[7590-01]
A similar requirement is currently specified in 10 CFR 50.72(b)(2)(iii)
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for reactor licensees.
Licensees will need to exercise some judgement in determining when an event requires a 24-hour NRC notification, first, the licensee must determine whether the inoperable equipment was needed to prevent uncon-trolled releases, overexposures, or mitigate the consequences of an acci-dent. Second, the licensee must determine whether the function of the equipment -- or the availebility of the function -- was needed when the equipment was disabled or failed to function. A 24-hour notification is not required if neither the function nor its availability was needed when the equipment was inoperable. Third, if the inoperabic equipment was an individual component, the licensee must determine whether redunder+
equipment was operable and available to automatically perform the required function.
The following are examples of reportable events:
1.
A malfunctioning interlock on an irradiator chamber door.
If the interlock fails, the door s
' ' e opened while a source containing several thousand curies is exposed esulting in a person receiving a large radiation dose in a very short time. Prom p HRC action may be necessary to warn other licensees of generic safety problems or to ensure the licensee specifies adequate controls to protect occupational workers and the public.
2.
Failure of a high efficiency particulate air (HEPA) filter in the ventilation system of a fuel fabrication plant.
HEPA filters are used to prevent uncontrolled releases of uranium particles when uranium powder is processed to make reactor fuel, if workers discover that a filter had a hole in it while uranium powder was being processed, a
]
24-hour NRC notification would be required.
The NRC nust be aware of 9
Enclosure
[7590-01]
this event to ensure that the licensee takes appropriate actions to determine if a release occurred or to independently verify that action is sufficient to protect the public health and safety.
3.
Failure of radiography equipment necessary to retract and icek the source in its safe, shicided position.
If a radiography source cannot l
be retracted and locked in its camera, prompt NRC action would be needed to ensure that appropriate steps are taken by the licensee to recover and secure the source.
4.
Damage to the shielding in a gauge that exposes the radiation source or that prevents an exposed source from being reshicided. Many nuclear gauges are authorized for use in non-nuclear industries because l
the sources are well shieldM and extensive radiation exposure controls are not required.
If a gauge source is left unshielded, prompt NRC action would be needed to ensure that appropriate steps are taken by the licensee to control radiation exposure, reshield the source, and secure the gauge.
5.
Failure of a teletherapy timer during treatment. Teletherapy units used to deliver large doses of radiation to cancer patients have timers that automatically close the unit's shutter -- stopping the radi-ation exposure -- after a prescribed treatment is completed. Teletherapy units contain radiation sources that deliver large doses in a short time.
]
If a teletherapy timer failed to automatically close the shutter when l
required, the attending technician would have to manually activate an l
L electrical backup or mechanical mechanism to close the shutter.
Since no i
L redundant equipment is available to automatically close the shutter, a 24-hour flRC notification of a teletherapy timer failure would be required.
This would permit prompt NRC action to ensure that the licensee takes appropriate steps to investigate why the timer failed.
It might even bc
)
l necessary for NRC to warn other licensees of teletherapy units if a generic problem was discovered.
10 Enclosure
[7590-01) 4 e
Personal-Injury Events A requirement would be added for licensees to report within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> events that require medical treatment of a radioactively contaminated individual at a medical 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 medi-cal personnel to radiation and contamination. A similar requirement is
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currently specified in 10 CFR 50.72(b)(2)(v). To ensure that any event of this type occurring at a medical facility is reported, this requirement does not stipulate transporting the injured individual as l
requisite. However, to avoid numerous reports of insignificant a"ents such as a medical technician puncturing a hand with a syringe containing a radiopharmaceutical, a note is added to clarify that a 24-hour notification is not required if first aid for a superficial injury at a
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i licensee-maintained medical facility is the only treatment rendered.
Fires and Explosions
-i A new requirement would be added to report within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> all fires l
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 (1stermine the performance of shielding and other features designed to control licensed material.
Fires or explosions damaging licensed material are of particu-lar significance because they can cause material in sealed sources to be released, generate airborne radioactive contamination, and generate l
11 Enclosure t
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[7590-01]
O-contaminated runoff from water used to extinguish fires. A second notification is not required if an imediate notification was made for a fire or explosion (see the discussion above for Control of Licensed Material).
Written Reports The proposed rule would require a written report within 30 days of any immediate or 24-hour notification similar to the written report currently required by 6 20.A05. Written reports prepared pursuant to other regulations may be submitted to fulfill this requirement if the report contains all of the necessary information and the appropriate distribution is made.
Environmental Impact: Categorical Exclusion The NRC has determined that this final rule is the type of action described in categorical exclusion in 10 CFR 51.22(c)(2). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this proposed regult on.
Paperwork Reduction Act Statement l.
l-The proposed rule amends information collection requirements that are subject to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et 1
seq.). This proposed tule has been submitted to the Office of Management and Budget for review and approval of the paperwork requirements.
12 Enclosure
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4 Public reporting burden for this collection of information is estimated to average 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> per response, including the time for reviewing instructions, searchir.g 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 information, including suggestions for reducing this burden, to the Information and Records Management Branch (MNBB-7714), U.S. Nuclear Regulatory Commission, Washington, DC 20555;-
and to the Paperwork Reduction Project (3150-0014, 3150-0017, 3150-0020, and3150-0009), Office of Management and Budget, Washington, DC 20503, i
Regulatory Analysis
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l The Commission has prepared a draft regulatory analysis on this proposed regulation. The analysis examines the costs and benefits of the alternatives considered by the Commission. The draft analysis is avail-I able for inspection in the NRC Public Document Room, 2120 L Street W.
1 (LowerLevel), Washington,DC. Single copies of the draft analysis may i
be obtained from Joseph J. Mate, telephone (301) 492-3795. The Commis-
.j sion requests public comments on the draf t regulatory analysis. Connents on the draft analysis may be submitted to the iRC as indicated under the ADDRESSES heading.
l j
Regulatory Flexibility Certification Based on the information available at this stage of the rulemaking proceeding and in accordance with the Regulatory Flexibility Act, 5 13 Enclosure l
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[7590-01]
U.S.C. 605(b), the Commission certifies that, if promulgated, this rule will not have a significant economic impact on a substantial number of small entities. The proposed rule affects approximately 9,100 licensees monitored by-NRC under 10 CFR Parts 20, 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 required of licensees unless there is an incident involving licensed material that meets the requirements specified in the proposed amendments. Since the revised reporting requirements are essentially the same as the current reporting requirements, '.1e 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 10 CFR 20.403 (a)(3), (a)(4), (b)(3), and (b)(4)) involve only a relaxation of requirements.
List of Subjects in 10 CFR Parts 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 14 Enclosure
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[7590-01]
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, Isotopes, Nuclear materials, Penalty, Radiation protection, Reporting and recordkeeping requirements.
10 CFR PART 40 Government contracts, Hazardous materials-transportatt
, Nuclear materials, Penalty, Reporting and recordkeeping requirements, Source material Uranium.
10 CFR PART 7' Hazardous materials-transportation, Nuclear materials, 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.
l l.
15 Enclosure L
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O V
PART 20 - STANDARDS FOR PROTECTION AGAINST RADIATION 1.
The authority citation for Part 20 utinues to read as follows:
AUTHORITY:
Secs. 53, 63, 65, 81, 103, 104, 161, 68
'.at. 930, 933, 935, 936, 937, 948, as amended (42 U.S.C. 2073, 2093, 2095, M *, 4 3, 2134, 2201); Secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246(42U.S.C.5841,5842,5846).
Section 20.408 also issued under Secs. 135, 141. Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).
For the purposes of Sec. 223, 68 Stat. 958, as amended (42 U.S.C.
2273); si 20.101, 20 J2,20.103(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 1
(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,asamended(42 U.S.C.2201(o)).
520.403'[ Amended]
2.
In 6 20.403, the semicolon and the word "or" following paragraph (a)(2) are removed and a period is inserted, and the semicolon and the word "or" following paragraph (b)(2) are removed and a period is inserted, and paragraphs (a)(3), (a)(4), (b)(3), and (b)(4) are removed.
i I
16 Enclosure I
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PART 30 - RULE OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF BYPRODUCT MATERIAL 3.
The authoiity citation for Part 30 is revised to read as follows:
AUTHORITY: Sec. 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 (42 U.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 i
,o 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); $$ 30.3, 30.34(b)(c) and (f), and 30,41(a) and (c), and 30.53 are issued under Sec.161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); and
$$ 30.6, 30.9, 30.36, 30.50, 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.
Section 30.8(b) is revised to read as follows:
$ 30.8(b) The approved information collection requirements contained in this part appear in $$ 30.15, 30.19, 30.20, 30.32, 30.34, 57.36, 30.37, 30.38, 30.50, 30.51, 30.55, and 30.56.
5.
A new $ 30.50 under Records, Inspections, Tests, and Reports is added to read as follows:
17 Enclosure
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[7590-01]
i 30.50 Notification requirements.
(a)
Immediate notification.- Each licensee shall notify the NRC as soon as possible but not later than 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> after the discovery of-any event involving licensed material that prevents or threaten to prevent immediate protective actions necessary to maintain and verify control of -
licensed material (includes fires, explosions, toxic gas releases, 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 /> af ter the discovery of any of the following events involving liccnsed material:
l (1) Any contamination event that restricts access to the
' ntaminated 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 eve-in which equipment necessary to prevent uncontrolled-releases of radioactive material, or to prevent overexposures 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 xhen an individual component is disabled or fails to function if redundant equipment is operable and available to automatically 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 ma,terial or any 1
device, container, or equipment containing licensed material.
l
?
(c) Preparation and submission of reports. Reports filed with the NRC pursuant to this section must have the names of persons who have L
received exposure to radiation stated in a separate part of the report.
1 18 Enclosure I
e
[7590-01]
u Reports.made by licensees in.respone 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.I To the extent that the information is available at the time of notification, the information provided in these reports must include:
(i) The caller's name and call back telephone number; (ii) A description of the event, including date and tine;.
(iii) The exact location of the event; (iv) The isotopes, quantities, and chemical and physical form of the licensed material involved; and (v) Any personnel radiation exposure data tailable.
(2) Written report. E'ch licensee who makes a report required by paragraph (a) or (b) of this section shall submit a written follow-up 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 --
(i) A description of the event, including the probable cause and the manufacturer and model number (if applicable) of any equipment that failed or malfunctioned; (ii) The exact location of the event; (iii) The isotopes, quantities, and chemical and physical form of the licensed material involved; I
The commercial telephone number for the NRC Operations Center is (202) 951-0550.
19 Enclosure
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[7590-01)
(iv) Date and time 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 radioactive materials.
(3) The provisions of 6 30.50 do not apply to 'icensees subject to the notification requirements in 5 50.72. They do apply to re' search and test reactors possessing material licensed under Part 30.
PART 40 - DOMESTIC LICENSING 0F SOURCE MATERIAL 6.
The authe.ty citation for Part 40 is revised to read as fo11cws:
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 Stat. 3033, as amended, 3039, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2014 (e)(2), 2092, 2093, 2094, 2095, 2111, 2113, 2114, 2201, 2232, 2233, 2236, 2282); Sec. 274, Pub. L.86-373, 73 Stat. 688 (42 U.S.C. 2021); Secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C.5841,5842,5846);Sec.375,92 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) Section 40.31(g) also issued under Sec. 122, 68 L-Stat.939(42U.S.C.2152). Section 40.46 also issued under Sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 40.71 also issued under Sec.187, 68 Stat. 955 (42 U.S.C. [237).
l 20 Enclosure l
l l
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[7590-01]
i For the purposes of Sec. 223, 68 Stat. 958, as amended (42 U.S.C.
2273);$640.3,40.25(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,asamended-(42U.S.C.2201(b));and66'40.5,40.9,40.25(c),(d)(3),
and(4),40.26(c)(2),40.35(e),40.42,40,60,40.61,40.62,40.64,and 40.65 are issued under Sec. 1610, 68 Stat. 950, as amended (42 U.S.C.
2201(o)).
7.
Section 40.8(b) is revised to read as follows:
l
$40.8(b) The approved information collection requirements contained in this part appear in 66 40.25, 40.26, 40.31, 40.35, 7.42, 40.60, 40.61, 40.64, 40.65, and Appendix A.
8.
A new 6 40.60 under Records, Inspections, Tests and Reports is i
added to read as follows:
i 6 40.60 Notification requirements.
(a)
Immediate notification.
Each licensee shall notify the NRC as soon as possible but not %ter than 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> after discovery of any event l
involving licensed material that prevents or threaten to prevent immediate protective actions necessary to maintain and verify control of l
licensed material (includes fires, explosions, toxic gas releases, etc.).
)
L (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 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 />.
21 Enclosure
{-
[7590-01]-
l'
'(2) Any event in which equipment necessary to prevent uncontrolled releases of radioactive material, or to prevent overexposures to radiation, or to mitigate the consequences of an accident, is disabled or i.
fails to function as designed when it is needed.
Notification is not required when an individual component is disabled or fails to function if redundant equipnent is operable and available to automatically 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 significant injury is the only treatment rendered.
(4) Any ire or explosion damaging any licensed material or any device, 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 perrons 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 Opera'. ions Center.2 To the extent that the information is available at the time of notification, the information provided in these reports must includt.:
(i) The caller's name and call beck telephone number; (ii) A description of the event, including date and time; L
2 The commercial telephone number for the NRC Operations Center is (202) 951-0550.
l l
22 Enclosure
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]
[7590-01]
(iii) The exact location of the event; (iv) The isotopes, quantities, and chemical and physical form of the licensed material involved; and (v) Any personnel radiation exposure data available.
(2) Written report. Each licensee who makes a re' "i: d by paragraph (a) or (b) of this section shall submit a wru
-up report wiahin 30 days of the initial report. These wr
~
,. orts 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 --
(i) A description of the event, inclui.9 the probable cause-and the manufacturer and model number (if applicable) of any equipment that failed or malfunctioned; (ii) The exact location of the event; (iii) The isotopes, quantities, and chemical and physical form of the licensed material invo ved; (iv) Date and time of the event;-
(v) Corrective actions taken or planned cnd the results of any evaluations or assessments; and (vi) The extent of exposure of individuals to radiation or to radioactive materials.
(3) The provisions of s 40.60 do not apply to licensees subject to the notification requirements in 5 50.72. They do apply to research and test reactors possessing material under Part 40.
23 Enclosure
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[7590-01]
PART 70 - DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL-9.
The authority citation for Part 70 is revised to read as follows:
AUTHORITY: Sect. 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, (42 U.S.C. 5841, 5842, 5845, 5846).
Sections 70.1(c)and70.20a(b)alsoissuedunderSecs. 135,.141, Pub. L.97-425, 96 Stat. 2232, 2241 (42'U.S.C. 10155, 10161). Section 70.7 also i. ued 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. 2077). Sections 70.36 and 70.44.also-issued under Sec.184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 70.61 also issued under Secs. 186, 187, 68 Stat. 955 (42 U.S.L. 2236, 2237).
Section 70.62 also issued under Sec. 108, 68 Stat. 939, as amended (42 tr.S.C. 2138 ).
For the purposes of Sec. 223, 68 Stat. 958, as amended (42 U.S.C.
2273); 55 70.3, 70.19(c), 70.21(c), 70.22(a), (b), (d)-(k), 70.24(a) and E
(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),
j 70.58(a)-(g)(3), eitd (h)-(j) are issued under Sec.161b, 68 Stat. 948, as amended (42 U.S.C. 2201 (b)); $6 70.7, 70.20a(a) and (d), 70.20b(c) and (c), 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 (n)-(j) are issued under Sec. 1611, 68 Stat. 949, as amended (42 U.S.C. 2701(i));
24 Enclosure
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[7t,90-01]
and 59-70.5, 70.9, 70.20b(d) and (e), 70.38, 70.51(b) and (i) 70.50, i
70.52, 70.53, 70.54, 70.55,. 70.58 (g)(4), (k), and (1), 70.59, and j
70.60(b) and (c) are issued under Sec. 1610, 68 Stat. 950,-as amended (42
=
U.S.C.2201(o)).
- 10. Section 70.f(b) is revised to read as follows:
b The approved information :ollection requirements contained in this part appear in 65 70.19, 70 20a, 70.20b, 70.21, 70.22, 70.24, 70.32,
)
I 70.33, 70.34, 70.38, 70.39, 70.50, 70.51, 70.52, 70.53, 70.57, 70.58, l
n g
70.59, and 70.60
- 11. A new # 70.50 under Special Nuclear Material Control, Records, 5
Reports and Inspections is added to read as follows:
6 70.50 tiotification requirements.
(a)
Immediate. notification.
Each licensee shall notify the ilRC as soon as possible but not later than 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> after the discovery of any event involving licensed material that prevents or threaten to prevent immediate protective actions necessary to maintain and verify control of 11 censed material (includes fires, explosions, toxic gas releases, etc.).
(b) Twenty-four hour notification. Each licensee shall notify the tIRC within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> af ter the discovery of 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 raore 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. Notification is not required 25 Enclosure I
i
[7590-01]
when an individual component is disabled or fails to function if redundant-equipnent is operable and available to automatically 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) 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 i 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 orts required by paragraphs (a) and (b) of this section by telephone to.he NRC Operations Center.3 To the--
extent that the information is available at the time of notification, the information provided in these reports must include:
~
(i) The caller's name and call back telephone number; (ii) A description of the event, includir.g date and time; (iii) The exact location of the event; (iv) The isotopes, quantities, and chemical and physical ~ form of the licensed material involved; and (v) Any personnel radiation exposure data available.
The commercial telephone number for the PRC Operations Center is (202)951-0550.
l-26 Enclosure
[7590-01]
(2) Written report. Each licensee who makes a report required by paragraph (a) or (b) of thisfsection 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 (if applicable)_of any equipment that failed or malfunctioned; (ii) The exact location of the event; (iii) The isotopes, quantit.es and chemical and physical form of the licensed material involved; 1
(iv) Date and time 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 radioactive materials.
_i
~
(3) The provisions of 6 70.50 do not apply to licensees subject to the notification requirements in 5 50.72. They do apply to research and test reactors possessing material licensed under Part 70.
A on/
,1990
- ay of f
d Dated at Rockville, Maryland, this ed
/
For the Nuclear Regulatory Commission.
J,esM. Taylor /
l xecutive Director for Operations 27 Enclosure
j
.pproved For Publication The Commission delegated to the ED0 (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 to the limitations in.NRC Manual Chapter 0103, Organization and Functions,
- Office of the Executive Director for 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 are needed to ensure that significant incidents are promptly reported to NRC so that the agency can evaluate whether immedi ste action is required to protect the public health and safety.
These proposed rules do not constitute a significant questio's of policy, nor do they anend regulations contained in 10 CFR Parts 7, 8, or 9 Subpart C concerning' matters of policy.
I, therefore, find that these rules are within the scope of my rulemaking authority and am proceeding to issue them.
/
Nbe o hh Date '
Ja 's M. Taylg ecutive Director for Operations w
[
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7 ENCLOSURE 2 DRAFT REGULATORY ANALYSIS e
I F
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STATEMENT OF THE PROBLEll 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 speci c 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 6 20.403. NRC has become concerned that certain provisions of 6 20.403 need to be revised because material licensees have not been reporting significant events that the NRC' staff believes should have been reported.
OBJECTIVLS
-The present reporting requirements of 6 20.403 are 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
l 6
.I I
significant implications for public health and safety,- and (2)_ to' clarify the -
-term "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 the public 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. Fir:+. 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 necessary to preserve the public health and safety, as well es thsc 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. These data will allow the NRC to more readily identify potential problems that may need remedial action.
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 2
and -the subsequent change ~ in the number of ma*.erial licensee reports expec+.ed to be generated as a result of the revision. Th9se costs are not easily estimated because it is not clear how great the change 'ill be in the number of incidents reporteo. Since this proposed action is considereo a clarification of existing notification requirements, there should be little additional b nden 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).
ror regulatory analysis purposes, labor rates are developed under strict increr ital cost principles wherein only variable costs that are directly related to the implementation of the proposed requirement are included. This approach is consistent with guidance set forth in hURiG/CR-3560, " A Handbook for _Value-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-incremental costs (e.g., overhead, administrative, and logistical support costs ).-
Data obtained f rom the NRC's Office of Governmental and Public Af fairs indicate that there are approximately 9,100 material licensees monitored by HRC under 10 CFR Part 20, as of February 1989. A review of the reports submitted in recent years indicate that about 90 to 95 nonreactor incident reports have been submitted annually.
Since HRC has discovered very few unreported
L i e
. incidents, the incremental change in the number of additional reports is expected to be small. Alternatively, this action may raise the licensees' awareness of their responsibility to report incidents and may initially result in an increase in the number of unnecessary reports. Licensees may feel it necessary to take a cautious 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 adoition to the potential impact on material licensees from an increased number of reports, this proposeo action could also have an impact on the NRC Operations Center staff and resot,rees. There is a concern that the increased number of telephone calls is most likely during the licensees' 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.
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. Hence, a value of $100 per report is assumed to more than adequately capture 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 average, about four hours of staff time is required for follow-up on each report r,
l received. Therefore, NRC's annual cost estimate is based on a j
30-minute-per-report value for the Operations Center staff, and'an additional 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> 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 $155,630.
(For a description of the approach used.see Appendix C of NUREG/CR-3568, "A Handbook for Value-Impact Assessment.") However,.the average total industry cost over the 30-year period is.J.50 per licensee.
Table-1. Estimated incremental Impact Based on an Assumed Annual Increase
.of 90 Reports 30-Year Present Worth Factor, Based on a 10%
Total Costs Industry Costs Annual Costs Real Discount Rate Over 30 Years
($'100 per report)
$ 9,000 9.43
$ 85,000 NRC Cost (4.5 hr per report 0$40.75 per hr)
$16,500 9.43
$156,000 DECISION RATIONALE This proposed regulatory acticn is essentially an update and revisinn of existing rules, and potentially its greatest benefit is " expected regulatory and compliance improvements resulting from the proposed action" (NUREG/CP.-3536, 5
b
.7 "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, i
Nonetheless, there is a distinct possibility that health and safety j
benefits can be achieved witt little or no significant incremental cost to the j
NRC or its licensees. NRC's awareness and collection of this data could result in additional requirements (bised on these reports) that will promote.
{
incremental impacts to health ind safety.
If substantial changes occur in the f
i number of these reports coming to the NRC, the Operations Center may need to j
expand its staff and resources.
I i
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l 6
2.
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1 4
l ENCLOSURE 3 1
i DRAFT CONGRESSIONAL LETTERS i
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f-k UNITED STATES
~
NUCLEAR REGULATORY COMMISSION
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WASHING TON, D, C. 20555
_\\...../e J
The Honorable Morris K. Udall, Chairman Subcomittee on Energy and the Environment Comittee on Interior and Insular Affairs United States House of Representatives Washington, DC 20515
Dear Mr. Chairman:
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.
Sincertly, h
Eric. Beckjo Director Offic of Nuclear Regulatory Research
Enclosure:
Notice of Proposed Rulemaking cc: Rep. James V. Hansen
J IDENTICAL LETTERS T0:
Chairman John B. Breaux', Senate Subcommittee on Nuclear Regulation-cc: Alan K. Simpson Chairman Philip R. Sharp, House Subcommittee on Energy and Power cc: Carlos J. Moorhead The Honorable Morris K. Udall, Chairman Subcomittee on Energy and the Environment
.I
- Ccnaittee on Interior and Insular Affairs Uniteo 5thtes House'of Representatives Washington, DC 20515 1
Dear Mr. Chairman:
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 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 ; ether prompt action is ' required to protect the public health and safety.
Sincerely, Original Signed By:
'g C. J. Heltemes, Jr.
3 Eric S. Beckjord, Di ector Office of Nuclear Regulatory Research -
Enclosure:
Notice of Proposed Rulemaking cc: Rep. James V. Hansen Distribution: [ CONGRESSIONAL LTR/JMATE]
subj-circ-chron RDB Reading Files ESBeckjord TPSpeis 0 Morris-FCostanzi Wlahs-ADiPlo JMate-
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0FFICIAL RECORD COPY
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ENCLOSURE 4 WEEKLY REPORT TO THE COMMISSION 4
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-Q WEEKLY REPORT TO THE COMMISSION OFFICE OF flVCLEAR REGULATORY RESEARCH Proposed Rule Signed by the EDO On 1990, the Executive Director for Operations approved the proposed rules that would amend 10 CFR Part 20, " Standards for Protection Against Radiation" 10 CFR Part 30, " Rules of 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 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.