ML20055H672

Discusses Congressional Inquiry on Below Regulatory Issue

ML20055H672
Person / Time
Issue date:	07/03/1990
From:	Rogers K NRC COMMISSION (OCM)
To:	NRC
References
NUDOCS 9007270146
Download: ML20055H672 (6)

Text

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UNITED STATES

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NUCLEAR REGULATORY COMMISSION a

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WASHING TON, D. C. 20555 July 3, 1990 CHAIRMAN '

MEMORANDUM FOR:

NRC Personnel' Associated with Develop.nent of the BRC Policy FROM:

Kenneth C. Rogers Actino Chairman i

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SUBJECT:

CONGRESSIONAL INQUIRY ON THE BRC ISSUE

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.As you may be aware, Representative George Miller, from the

.I ilouse Committee on Interior and Insular Affairs, has been

-looking into_the development of the Commission's policy statement;on Below Fegulatory Concern (BRC).

In a recent I

letter to.the Commission, which is attached, he' requested a 1

111st of names'of-all NRC professional staff-who have worked on the BRC issue since January 1, 1986.

You have been 1

identified as one of the individuals'who has worked on this issue andtyour name has-been given to Representative ~ Miller.

Mr. Miller-has asked-that he or members of his staff be able-to i

' interview NRC personnel in Interior Committee offices about LdevelopmentLofothe policy.

Since you have been identified i

as:having worked on the policy statement, you may be receiving a request from a member of the Interior Committee staff asking

.you to meet _ with them to discuss-your role in developing the j

BRC' policy statement.

i Congressman Miller has requested that NRC personnel be inter-viewed at the Interior Committee offices,because he believes it is "necessary<in order to protect the confidentiality of

-j statements 1made by NRC personnel".-

This concern is apparently premised on some belief that there could.be reprisals against NRC personnel-who may speak with the Congressman or his staff.

I want tc. state' categorically to all of you that none of.the Commissioners have any-concerns about.you speaking freely with the Congressional staff about development of-the BRC policy

-statement.

Nor will we tolerate: reprisals of any sort against

.NRC personnel for expressing their views on this issue.

We recognize that-there have been many different views on the BRC 1

issues,and we have welcomed those points of view.

Our agency 1

is-fortunate.in'having available to it many technically competent and experienced people and in being able to obtain a spectrumHof views-on issues from among its own staff.

It strengthens our decisionmaking and our ability to fulfill our mission of protecting the health and safety of the public.

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If any of you have any questions about a request to meet with Congressional staff, you should please contact Dennis Rathbun, Director, Congressional Aff airs, at x21776.

If any of you l

believe that you have been or are being restricted from or penalized for expressing your views to Congressional l

representatives, you should please notify the Chairman or any

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of the Commissioners directly.

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Thank you for all of your work on developing the BRC Policy Statement.

It has meant a substantial amount of effort on the part of many of you,and my fellow Commissioners and I appreciate the outstanding job you have done.

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J Kenneth C. Rogers Acting Chairman e

Attachments:

1.

List of Addressees:

Staff Who Worked on the BRC L

2.

Ltr fm Rep. Miller dtd June 18, 1990 3.

Ltr to Rep. Miller dtd June 29, 1990 a

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NRC PROFESSIONAL STAFF WHO HAVE WORKED ON THE BRC SINCE 1986 l

e EDO James Taylor James Sniezek Hugh Thompson Li.dia Roche George Pangburn Kathleen Black i

Mat Taylor.

VictorStello(leftAgency) 4 Research Donald Cool William Lahs Donald Hopkins i

Catherine Mattsen Shlomo Yaniv Frank Costanzi StanleyNeuder(leftAgency)

Eric Beckjord i

Themis Speis Clemens Heltemes Bill Morris Zoltan Rosztoczy (l' aft Agency)

• abbatical)

Robert Alexander Jhmes Malaro Alan Roecklein Carl Feldman NMSS Robert Bernero Guy Arlotto Richard Cunningham Glen Sjoblom i

John Austin John Hickey l

Regis Boyle MikeBell(IAEA)

LelandRouse(deceased)

Jerry Swift Ed Shum Chad Glenn Mike Lamastra L

Pat Vacca Cynthia Jones John Greeves Richard Bangart 1

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4 NRR 4

Thomas Murley Frank Miraglia Charles Willis Frank Congel.

Lemoine Cunningham John Buchanan Wayne Meinke (retired)

OllieLynch(leftAgency))

EdBrannagan(leftAgency l

Richard Starostecki (left Agency)

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William Parler Stuart-Treby Jane Mapes Martin Malsch Robert Fonner Joseph Scinto Governmental and Public Affairs Harold Denton l

Sheldon Schwartz Carlton Kammerer Fred Combs

i Vandy Miller DonaldNussbaumer(retired)

Kathleen Schneider Carde11a Maupin Spiros Droggitis e

Rosetta Virgilio l

Office of Congressional Affairs a

Dennis Rathbun Tom Combs Advisory Comittee on Nuclear Waste l

L Dade Moeller Martin Steindler c

William Hinze p

CliffordSmith_(leftCommittee)

H Aichard Major l

Raymond Fraley L

Richard Savio l-Owen Merrill (left Committee)

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.g Regional Offices i

Region I Tim Martin Malcolm Knapp Ron Bellamy Marlene Taylor i

Region II Phil Stohr l

Doug Collins i

Bob Trojanowski i

Region III Carl Paperiello Ch k Norelius.

B111 Axelson Roland Lickus Region IV Bill Beach Bill Fisher Charles Hackney Region V Ross Scarano Greg Yuhas Dean Kunihiro D

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l COMMISSION OFFICES i

Kenneth Carr Margaret Federline Michael Weber Karen Cyr Stephen Burns George Felgate (left Agency)

Thomas Roberts

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Maria Lopez-Otin Charles Ader Forrest Remick Rob MacDougall BradJones(leftAgency)

Kenneth Rogers Gail Marcus Susan Bilh' rn o

.Ja.n:s Curtiss Joe Gray Kitty Dragonette Janet Kotra Lando Zech Dennis Rathbun Janice Dunn-Lee

~SECY Samuel Chilk John Hoyle i

Andrew Bates

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Ann Tipton 4

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COMMITTEE ON INTERIOR

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Juna 18, 1990 2.:,"a' 't,..T:

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The Honorable Kenneth M.

Carr Chairman U.S. Nuclear Regulatery Commission Washington, D.C.

20555

Dear Chairma:

Carr:

l Thank you for your April 30, 1990 response to my letter of February 7, of certain practices, including the disposal of certain low-le radioactive wastes.

writing to requestAs part of my ongoing investigation of this matter, P

that you permit Mr.

I am staff to. interview any NRC personnel who have worked on theDan101 M. Adam exemptions from regulatory control issue.

that these interviews be conducted on the premises of theIt is my preference Interior Committee and that no NRC personnel other than those requested for interview by the Committee staff be permitted to be present during the interviews.

i The abovementioned procedures are necessary in order to

' during the course' of these interviews.the confidentiality of statements protect I request that Mr. Adamson be permitted to arrange the requestod interviews upon your receipt of this letter.

Furthermore,

1. ellowing documents and information:I request that.the Commission provide th

-1. Copies of all Commissioner notation votes on SECY 99-360 i

or any other notation votes related to the exemptions from regulatory control issue dated subsequent to January 1, 1990.

2. Provide a copy of all drafts dated subsequent to January 1, 1990 of the exemptions from regulatory control policy not previously provided, policy.

including the most recent draft of this 9 W7o'L 00 78 y

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s. se os 35PM uspc-P$ s PC3 I

j The Honorable Kenneth M. Carr i

June 18, 1990 Page 2 1

3. Provide a copy of IAEA Safety Series 89,

" Principles for the Exemption of Radiation Sources and Practices From Regulatory Control."

4. Provide a list of names of all NRC professional staff from NMSS, RES, NRR and other parts of the agency who have worked on the exemptiens frem regulatory centrol issue subseq'ent to January 1, 1986.

5. The NRC's letter of April 30, passage:

1990 contains the following "During this time, t!.e individtlai dose cr proposed with a value of 1 mrom per year.iterien was This value represented that staff consensus of the dose level appropriate for the approach agreed to during the Baltimore meeting.

After preparation of the basic draft of the policy statement, it was forwarded to senior management for

- review and approval.

During this review and approval the individual dose criterion was modified

process, i

from the original approach of 1 mrom."

The letter does not specify who was responsible for the change from 1 mram to 10 mrom.

Please identify the individuals responsible for this change.

Please provide the requested documents and information by June 22, 1990.

If your staff has any questiens regarding this

. matter please have them call Mr. Daniel M. Adamsca of my staff at (202) 225-1064.

Thank you for your ca rideas ion.

Sincerely,))i f

G.1 w 11er Member Subcommittee on Energy and the Environment ec: The Honorable Morrie K. Udall i

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June 29, 1990 CHAIRMAN The Honor Sle George Miller Committee on Interior and Insular Affairs e

United States House of Representatives Washington, D.C.

20515

Dear Congressman Miller:

As promised in Chairman Carr's letter of June 22, 1990, I am providing the information and documents you reauested relative to the development of HPC's policy statement on below regulatory concern (SRC).

Enclosed are copies of the Commissioner notation votes on t

SECY-89-360; copies of all drafts of the policy statement developed since January 1, 1990; a copy of IAEA Safety Series 89

" Principles for the Exemption of Radiation Sources and Practices from Regulatory Control"; and a list of all NRC t

professional staff who worked on the BRC policy since January 1, 1986.

Also enclosed is a narrative which describes the staff's preparation of the BRC policy for Commission review.

The origin of the change in the individual dose criteria from 1 millirem to 10-millirem per year and the individuals involved in this aspect of the policy's evolution are addressed.

I trust that this informstion is fully responsive to your request.

Sincerely, 9

mes R. Curtiss Acting Chairman

Enclosures:

As stated cc:

Rep. Morris Udall Rep. Don Young R oJW YPe

DEVELOPMENT OF BRC p0LICY STATEMENT Three offices were involved in development of the BRC Policy Statement.

These were the Office of Nuclear Regulatory Research (RES), the Office of Nuclear Materials Safety and Safeguards (NMSS), and the Office of Nuclear Reactor Regulation (NRR). At the time the proposed policy was developed in 1988, the Directors of these offices were, respectively, Mr. Eric Beckjord, Mr. Hugh Thompson, Jr., and Dr. Thomas E. Murley. The Office of Research had the lead for preparation of the policy statement, and NMSS and NRR provided technical support, and reviewed and concurred in the proposed policy. Mr. Beckjord's principal advisor was Dr. Bill Morris, Director,. Division of Regulatory Applications.

Dr. Morris directed Mr.

William Lahs, Acting Chief of the Regulatory Development Branch, in the preparation of the policy. Dr. Themis Speis, one of the Deputy Directors of RES, also had oversight responsibility for the effort.

Dr. Murley's principal advisor was Mr. Frank Congel, and Mr. Thompson's principal advisors were Mr. Robert Bernero, Mr. Richard Cunningham, and Dr. Donald Cool.

These individuals agreed that 1 millirem per year (mrem /yr) was an acceptable value for the individual dose criterion of the policy; that is, a dose level at which it could automatically be concluded that no further effort, including cost-benefit analysis, would be needed to reduce exposures.

In doing so, it was also agreed that exemptions could be granted on the basis of higher individual doses provided the dose was below the dose limits in 10 CFR Part E0 and was as low as reasonably achievable.

When the proposed policy in this form was forwarded to Victor Stello, Jr.,

then Executive Director. for Operations, Mr. Stello called a meeting to discuss the; proposal. He questioned whether the proposed individual dose criterion value of 1 mrem /yr would provide sufficient flexibility in practical applier son of the policy.

The question of whe 1r higher values, including 10 mrem /yr, would constitute a threat ts health and safety of the public was also discussed.

Some at the meeting thought that selection of dose criteria nearer 1 mrem /yr would be more consistent with existing or proposed dose criteria of other organizations both within and outside the U.S. and hence less controversial as a policy element. At that meeting, the only possible safety basis for selecting 1 mrem over 10 mrem identified was the possibility that exposure to 10-mrem doses from multiple practices could result in doses approaching or perhaps exceeding the 100-erem/yr public dose limit in proposed revisions to 10 CFR Part 20. However, no one could identify plausible ways for this to happen.

l-Mr. Stello directed the staff to modify the policy to adopt a 10-mrem /yr individual dose criterion. The Office of Research did this and transmitted the policy to NRR and NMSS for concurrence.

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f NRR concurred but Robert Bernero, Acting Director of NMSS in the absence of Mr. Thompson, wrote a memorandum to Mr. Stello expressing his concern that under the policy, exposure to sources of radiation for multiple exempted practices could lead to doses approaching 100 mrem /yr, the public dose limit in proposed 10 CFR 20. Mr. Bernero did not concur with the policy on r

that basis. A meeting was then held by Mr. Thompson with NMSS and RES in order to understand the safety concern and, if appropriate, develop a revision to the policy that would resolve concern. A revision to the policy was developed which included specific policy elements, such as broad definition of practice, implementation of a collective dose criteria, and i

the comitment to review each exemption to assure that the effects of multiple practice were thoroughly evaluated prior to approval of a new practice. This change provided assurance that significant exposures to multiple practices would be unlikely. On that basis Mr. Thompson concurred in the policy for NMSS, and Mr. Bernero and the other staff mentioned above also concurred.

It is worth noting that the final BRC policy is a further evolution of the numerical criteria that provides even greater protection than the proposec version of the policy.

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NRC PROFESSIONAL STAFF WHO HAVE WORKED ON THE BRC SINCE 1986 1

ED0 James Taylor James Sniezek.

Hugh Thompson Lidia Roche George Pangburn Kathleen Black Mat Taylor Victor Stello (left Agency)

Research Donald Cool William Labs

. Donald Hopkins Catherine Mattsen Shlomo Yaniv Frank Costanzi Stanley Neuder (left Agency)

Eric Beckjord Themis Speis Clemens Heltames-Bill Morris ZoltanRosztoczy(sabbatical)

Robert Alexander (lef t Agency) i James Malaro Alan Roecklein Carl Feldman l

NMSS Robert Bernero Guy Arlotto

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Richard Cunningham Glen.Sjoblom

' John Austin

-John Hickey

-Regis'Boyle s

Mike Bell (IAEA)

.Leland Rouse (deceased)

LJerry Swift

-Ed Shum-Chad Glenn Mike Lamastra Pat Vacca Cynthia Jones John Greeves Richared Bangart-t

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NRR Thomas Murley Frank Miraglia i

Charles Willis Frank Congel Lemoine Cunningham John Buchanan Wayne Meinke (retireo)

Ollie Lynch (lef t Agency)

Ed Brannagan (left A RichardStarosteckifency) ieftAgency) i OGC -

William Parler

- Stuart Treby Jane Mapes Martin Malsch Robert Fonner Joseph Scinto i

Governmental'and Fublic Affairs l

Harold Denton Sheldon Schwartz

- Carlton Kannerer Fred Combs Vandy Miller Donald Nussbaumer (retired)

Kathleen Schneider-Cardelia Maupin Sorios Droggitis Rosetta Virgilio Office of Conaressional Affairs Dennis Rathbun Tom Combs i

Advisory Connittee on Nuclear Waste l-Dade Moeller.

p Martin Steindler William Hinze

- Clifford Smith (lef t Connittee)

Richard Major Raymond Fraley.

Richard Savio y

Owen Merrill (left Connittee)

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,i Regional Offices.

Region I t.

Tim Martin Malcolm Knapp l

-Ron Bellamy l

Ma'lene Taylor baionII r

i Thil Stohr toug Collins Bob Trojanowski Region III r

Carl Paperiello Chuck Norelius Bil1~Arelson Roland Lickus Region IV Bill Beach Bill-Fiiter Charles Hackney 1-Reaion V Ross Scarano Greg Yuhas Dean Kunihiro e

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_COMISSION OFFICES I

i Kenneth Carr i

Margaret Federline i

Michael Weber Karen Cyr -

Stephen Burns i

George Felgate (left Agency)

Thomas Roberts Maria Lopez-Otin-Charles Ader Forrest Remick Rob MacDougall Brad Jones (left Agency)

Kenneth Rogers Gail Marcus

. Susan-Bilhorn James Curtiss Joe Gray e

Kitty Dragonette Janet Kotra Lando Zech i

Dennis.Rathbun Janice Dunn-Lee

-SECY Taisiie1 Chi 1k John.Ecyle Andrew Bates

' Ann Tipton

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