ML20059G727
| ML20059G727 | |
| Person / Time | |
|---|---|
| Issue date: | 05/14/1993 |
| From: | Grimsley D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Desiree Davis PLAIN DEALER, CLEVELAND, OH |
| Shared Package | |
| ML20058A679 | List:
|
| References | |
| FOIA-93-34 NUDOCS 9401250244 | |
| Download: ML20059G727 (11) | |
Text
U.S. NUCL LA03 KEGULAMHU C@MMLSScON 5g; # paa g d]di Euhimsy
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i FOIA -
onu 1[ h%} q'\\i{h g{ ESPONSE TO FREEDOM OF REseONSE rveE U
l FINAL ld eAaviat n
INFORMATION ACT (FOIA) REQUEST DATE
(.
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K4Y 141993
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DOCKE T NUMBE R(5) f// apphcable)
.E QUE STE R Dave Davis PART f.--AGENCY RECORDS RELEASED OR NOT LOCATED (See checAedbones)
No agency records subject to the request have been located.
No additional agency records subject to the request have been located.
Requested records are available through another public distribution progrPm. See Comments section, XX Agency records subject to the request that are ider tified in Append;x(es)
C are already available for public inspection and copying at the NRC Pubbc Docurnent Room,2120 L Street, N.W., Washington, DC.
gy Agency records subject to the request that are identified in Appendix (es)
O are being made available for pubhc inspection and copying at the NRC Public Document Room. 2120 L Street, N.W., Jashington, DC, in a folder under this FOlA number.
The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staff is no,v being made available for pubhc inspection and copying at the NRC Public Document Room,2120 L Street, N.W,, Washington, DC, in a folder under this FOI A number.
Agency records subject to the request that are identified in Appendi-(es) may be inspected and copied at the NRC Local Public Document Room identified in the Comments section.
Enclosed is informatinn ors how you may obtain access to and the charges for copying records located at the NRC Public Document Room,2120 L Street, N.W., Washington. DC.
XX Agency recordssubiect to the request are enclosed. App. D, and releasable portions of App. E documents are enClos s Records subject to the request have been referred to another Federal agency (ies) for review and direct.
mse to you.
6 Fees You will be billed by the NRC for fees totaling S You will receive a refund from the NRC in the amount of S r
in view of N RC's response to this request, no further action is being taken on app. al letter dated
,No
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PART 11. A-INFORMATION WITHHELD FROM PUBLIC DISCLOSURE Certain information in the requested records is being withheld from pubhc disclosure pursuant to the exemptions described in and for the reasons siated in Part II, B, C, and D. Any released portions of the documents for which only part of the record is being withheld are being made.railable for public (X
inspection and copying in the NRC Pubhc Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOI A numoer.
COMME NTS i
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$ NATURE, DIRECT O DIVISION OF F REEDOM OF INFORMATION AND PUBLICATIONS SERVICES Wud //7 l 'M
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DAVIS 93-34 PDR
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FDIG NUMBER (3)
OCTE
. RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST FOIA 3a -
s-f (CONTINUATION) w 141993 PART N.5-APPLICABLE EXEMPTIONS
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Records subject to the request that are described in the enclosed Appendix (es) F F ; G are being withheld in their entirety or in part under the Etrmption No.(s) and for the reason (s) given below pursuant to 5 U.s.C. 552(b) and 10 CF R 9.17(a) of NRC regutations.
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- 1. The wahheld information is properly classifed pursuant to Executive Order. (Exemption 11 2.' The withheld erdormation relates solely to the meemal personnet rules and procedures of NRC. IExempton 2) 3; The wrthheld mformation is specifcally exempted from pubhc desc60sure by statute indecated. (Enempton 3) t Sections 141145 of the Atomic Energy Act.which prohibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S.C. 2161-2165L f
Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C,2167L O. The withhe6d snformation es a trade secret or commercial or financiat enformation that es beeng withheld for the reason (s) iridecated. (Exemption 4) py The information is considered to be conhdential busmess (propnetaryl mformaton The enformation es cons dered to be proprietary 6. formation pursuant to 10 Cf R 2 790tdH1)
)
The mformaten was submstted and received in confidence pursuant to 10 Cr A 2 790(dH2i 6
XX5 The wrihrwid mformat.on cons,sts of mieraoency or.ntreasency records inat are not a...tase mrough d.r. cove., dur-a '.tiget.on (Exemption SL Apphcable Privilege:
Q' Oeiiberative Pre.ess. Disclosure of predecisenal mformaton wouid tend to inhet>et the open and tran6 entwange of ideas essent ar to the debbe<ative peccess.
j g XX pori.ons because the reiease o,eir entarety, the f acts are enestrcatdy mtertwaned with the predects.orial entormaton There albo are n k.
Wheee records me withheld m th ine f acis wouid p.,m an md..eci nou v mio ine p.edeas,onai process of the agenc, Attomey wor 6 product privilege (Docuenents prepe ed ts, en attorney m coniemnisnon raf nt.umon.
E Attorney. client prmtege. (Confidental communicatens between an attorney and his/her cher t.)
- 6. The wnbheto **rmaten is esempted f*om public d sclosure because ris osclosure woom result m a cica*l, un*arranted en ason of personal pnvacy (Exemption 61
- 7 The withheid mformaton consists of records comp.ied for ta* ento.r.ement pu' poses anc is berg wrthheld foe the reasontsi meocated (Exemption 7)
I Disclosure Could reasonably be empected to interfere with an enforcement proceedmg because it could reveal the scope, duettion, and focus of y
f X^y enforcement efforts, and thus Could possi!Sy allow rectp6ents to take action to shield potentia' wronglomg or a veladon of NRC veausrements from mvesteoators. (Exemption 7 (A))
yiy J
Disclosure would constitute an unwarranted envasion of personal pnvecy. (Exemption 7(CD
. XX The mformation consists of names ed mdwetium% and other eniormet on the '1rw 'mure rd AN n t omr1 'Newsint w t>e emoet ted to sevea! edentst.es of Confidentimi sources. (Exemption 7 (D))
01HER PART IL C-DENYING OFFICIALS Pursuant to 10 @ 9.25tbl and or 9.25(c) of the U.S Nucicar Reguiatory Commrss.on reguia90ns.1 he deen determ ried in t the,nto maton w.thheld as enempt from pro a
ductron or d sciosu'v, and that sts producten or doctosure is contrary to the pubhc interest The persons remorsebre for the deniaf a'e those off.ciais edentified below as denymg officiais and the Director, D.vts.on of Freedom of informabon and Pubhcat.ons Se v.ces. Of face of Admen,stratton for any den als that may be appealed to the E secutive Duettor for Operatens (E DOI.
DENYING OmCIAL TITLE / OFFICE j
RECORDS DEN 4D APPEtt ATE OFFICIAL EDO SEC.RETARY 1G A. Bert Davis Regional Administrator, Reg.111 Appendix E X
Assistant inspector General Leo J. Norton for Investigations Appendix F X
Assistant Secretary of the 30MU0b Commission A!4endix s X
PART N. D-APPEAL RIGHTS The deniet by each denying officiat identified in Part li.C may be appealed to the Appettate Official identified there. Any such appeat must be made in writing withm 30 days of receipt of this responsa. Appeals must be addressed, as appropriate, to the Executive Director for Operations, to the Secretary of the Commission, or to the inspector General,if.S. NucIsar -
Rogutatory Commissen, hhington. DC 20L55, and should clearly state on the anvelope and in the letter that it is an Appeal from an imtial FOI A Decinen?
NOC FORM 464 (Part 2) (191)
U.S. NUCLEAR REGULATORY COMMIS$10N 1
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Re:
FOIA-93-34 APPENDIZ C DOCUMENT ALREADY AVAILABLE IN THE PDR NUMBER DATE DESCRIPTION j
1.
7/12/85 Letter from J. A.
Hind to Jack Cook, Christ Hospital, enclosing special safety inspection conducted on 6/26/85.
PDR Acc. No.
I 8507160632 T
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Re:
FOIA-93-34 APPENDIX D DOCUMENTS BEING PLACED IN THE PDR NUMBER DATE DESCRIPTION 1.
12/2/87 Investigative Interview of Eugene Saenger.
(19 pages) 2.
12/28/92 Letter from Dr. Saenger to Chairman Selin, regarding New York Times article.
(22 pages) 3.
1/13/93 Memo from Roy Caniano to J. Glenn, subject:
Submittal of Information Regarding Dr. Saenger and University of Cincinnati.
(3 pages l
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Re:
FOIA-93-34 i
APPENDIX E DOCUMENTS BEING RELEASED IN PART I
NUMBER DATE DESCRIPTION 1.
8/5/74 Letter from NRC to individual.
(1 page)
Portions, Exemption 6 2.
12/17/74 Form AEC-448 - Request for Employment, Renewal or Modification of Appointment of Consultant, Adviser or Expert.
(18 pages)
Portions, Exemption 6 3.
4/12/75 Letter from NRC to individual.
(1 page)
Portions, Exemption 6 4.
5/1/75 Letter from NRC to individual, with i
enclosure.
(3 pages)
Portions, Exemption 6 5.
6/24/75 Form NRC-443, and Form AEC-448.
(4 pages)
Portions, Exemption 6 6.
1/7/77 Memo from NRC Office of Inspection and l
Enforcement (IE) to various addressees, with i
attached Resume.
(2 pages)
- Portions, i
Exemption 6 7.
5/18/77 Form 448 and 443.
(4 pages)
- Portions, Exemption 6 8.
6/27/77 Letter from NRC Office of Personnel to individual.
(1 page)- Portions, Exemption 6 9.
6/23/78 Letter from Personnel to individual, attaching Notification of Personnel Action.
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(2 pages)
Portions, Exemption 6 10.
4/30/79 Letter from IE to individual.
(1 page)
Portions, Exemption 6
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11.
9/19/79 Letter from Personnel to individual, with attached Form NRC 443 and Curriculum Vitae.
(21 pages)
Portions, Exemption 6 12.
6/5/90 Letter from IE to individual.
(1 page)
Portions, Exemption 6
t De: FOIA-93-34 APIYNDIX E D0aMENIS IEDG REEASED IN I%RP (Oxitinued)
Iomr2 ryaE IIBQHPTIN l
I 13.
6/30/80 Fonn NRC-443, with attadmuits.
(23 pages)
- Portions, Exenpticn 6 i
14, 9/19/80 letter frun Perhc to individual, with enclosures.
(13 pages) Portions, Exenpticm 6 15.
6/17/81 Ictter frun IE to individual, with attachments.
(5 pages) Porticns, Exemption 6 1
1 16.
11/16/81 letter frun Ibrsconel to iniividual, with attactunents.
l (4 pages) Portions, Exenption 6 17, 4/23/82 Intter fIun Medical Consultant to Clevelairl Clinic, with attached letter frun NRC.
(3 pages)
- Portions, Exerption 6 18.
7/1/82 Intter frun NRC to irrlividual, with enclosures.
(8 pages) Portions, Exenption 6 19.
10/26/82 letter frun NRC Region III to inilvidual.
(3 pages)
Portions, Exegtion 6 20.
1/27/83 Fano frun Region III to Personnel, subject: Per Diem Rate for Medical Consultants.
(2 pages)
- Portions, Exemption 6 21.
4/15/P3 Intter frun Region III to in11vidual.
(1 page)
Portions, Exenption 6 22.
7/13/83 Request for Personnel Action.
(1 page)
- Porticos, Exemption 6 23.
7/15/83 letter frun Region III to iniividual, with attachments.
(4 pages) Porticos, Exemption 6
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Re:
FOIA-93-34 APPENDIX E DOCUMENTS BEING RELEASED IN PART (Continued)
NUMBER DATE DESCRIPTION i
24.
9/12/83 NRC Form 448.
(1 page)
Portions, Exemption 6
25.
9/21/83 Letter from Region III to individual.
(1 page)
Portions, Exemption 6 26.
12/13/83 Form 448.
(2 pages)
Portions, Exemption 6 27.
2/23/84 Notification of Personnel Action.
(1 page)
Portions, Exemption 6 t
28, 3/16/84 Voucher for Professional Services.
(2 pages)
Portions, Exemption 6 29.
3/16/84 Voucher for Professional Services.
(2 pages)
Portions, Exemption 6 30.
5/16/84 NRC Form 448.
(1 page)
Portions, Exemption 6
31.
7/5/84 NRC Form 443, with enclosures.
(27 pages)
Portions, Exemption.6 32.
8/17/84 Letter from Personnel to individual.
(2 pages)
Portions, Exemption 6 33.
10/4/84 Letter from Univ. of Cincinnati to Region III.
(5 pages)
Portions, Exemption 6 34.
11/6/84 Memo from NRC to individual.
(1 page)
Portions, Exemption 6 35.
3/5/85 Letter from NRC Region III to Shelwell Services.
(15 pages)
Portions, Exemption 6
'a 6.
4/10/85 Letter from Region III to individual.
(1 page)
Portions, Exemption 6 37.
4/26/85 NRC Form 443, with enclosures.
(17 pages)
Portions, Exemption 6
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Ret FOIA-93-34 APPENDIX E DOCUMENTS BEING RELEASED IN PART j
(Continued)
NUMBER DATE DESCRIPTION l
38.
7/16/85 Notification of Personnel Action.
(2 pages)
Portions, Exemption 6 39.
9/20/85 Letter from Region III to individual.
(1 page)
Portions, Exemption 6 40.
4/28/86 Handwritten note, attaching letter to NRC Region III.
(6 pages)
Portions, Exemption 6 41.
5/9/86 Letter from NRC Region III to individual.
(1
[
page)
Portions, Exemption 6 i
42.
6/9/86 Form.URC 443, with enclosures.
(6 pages)
Portions, Exemption 6 43.
7/25/86 Letter from Personnel to individual, with enclosures.
(4 pages)
Portions, Exemption 6 44.
10/22/86 Voucher for Professional Services.
(2 pages)
Portions, Exemption 6 45.
10/22/86 Voucher for Professional Services.
(2 pages)
Portions, Exemption 6.
46.
10/22/86 Voucher for Professional Services.
(2 pages)
Portions, Exemption 6 47.
11/26/86 Letter from University of Cincinnati Hospital
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to Region III.
(3 pages)
- Portions, Exemption 6 48.
5/87 Letter from region III to individual.
(1 page)
Portions, Exemption 6 49.
6/26/87 NRC Form 448.
(2 pages)
Portions, Exemption
)
6 50.
8/5/87 NRC Form 443.
(5 pages)
Portions, Exemption 6
Ib: FOIA-93-34 APfY2EHX E DOOMENIS IEING REWASED IN PARP (OcritiJuad)
H W BER DUE DESCRIPTI N 51, 8/6/87 Intter frun University of Cincinnati to Region III.
(3 pages) Portions, Excmption 6 52.
6/30/89 Request for Pensonnel Action.
(3 pages)
Portions.
Exerptics) 6 i
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Re:
FOIA-93-34 l
i APPENDIX F DOCUMENTS BEING WITHHELD IN THEIR ENTIRETY NUMBER DATE DESCRIPTION 1.
5/3/89 Investigative Interview.
(36 pages)
Exemptions 6 and 7(C) i 2.
Various Records maintained in the Office of the i
Inspector General subject to the request relate to an ongoing investigation and are being withheld in their entirety pursuant to Exemption 7(A).
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Re FOIA-93-34 APPENDIX G DOCUMENT BEING WITHHELD IN ITS ENTIRETY NUMBER DATE DESCRIPTION 1.
1/22/93 Note from Steve Crockett to Commissioner Remick and Regis Boyle, subject:
January 22 briefing on HRC regulation of medical uses of byproduct material.
(5 pages)
Exemption 5 1
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THE PLAIX DEALER 1
OHIC'S LARGEST NEWSPAPER j
1801 SUPERIOR AVE 216-344 4500 OHIO TOLL FREE CLEVELAND. OHIO det to 800-362 0727 f REEDOM OF INFORMATION ACT REQUEST January 20, 1993
/37A 43-Mr. Donnie Grimsley
/
[-g-Director F0IA and Publication Services U.S. Nuclear Regulatory Commission Washington. D.C.
20555 I
FAX: 301-492-4994
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Dear Mr. Grimsley,
1 ;
Under the provisions of the federal Freedom of Information Act. I request that your office produce all documents kept by the NRC that in any way pertain
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to Dr. Eugene Saenger, a longtime medical consultant and researcher at the University of Cincinnati.
It is my understanding that this request has been
.l made by congressional investigators preparing for 1
upcoming hearings, so I would ask that I be provided all releasable records being given-to them.
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As a reporter for The Plain Deelere I ask that you waive any search or copying fees as this i
information will be used in the public interest.
I greatly appreciate your help in obtaining these records.
Please feel free to ring me at 216-344-4808 with questions.
T u Et Ib ave Davis r
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ru University of Cincinnati University of Cincinnati Hospital Eugene L. Saenger Racioisotope Laboratory Medical Center Mau Location #577 234 Goocman Street TELEPHONE (513) 556-4282 Cinc.nnau. Chio 45267-0577 Dr. Saenger direct: (513) 558-9042 i
December 28, 1992 Mr. Ivan Selin, Chairman United States Nuclear Regulatory Commission Washington, D.C.
20555
Dear Chairman Selin,
Noting your comments in the Friday, December 18 issue of the New York Times about the handling of radiation deaths by the NRC and since it was largely my or that was gored, I submit comments on the role of the medical consultant to the Nuclear Regulatory Commission based on my experience frem 1958 through 1987.
Since 1958, until 1987, I served as a medical consultant to AEC, ERDA and NRC in a variety of capacities.
Primarily my role was to investigate incidents involving injuries to persons from contact with by-product materials and to advise the Compliance and I&E offices as to the extent of injury and to comment on how these incidents might have occurred.
1.
The mandate (job description) of the medical consultant has never been clearly stated.
From the enclosures you will note a variety of interpretations including opinions of the legal offices of the AEC, manual chapters and other opinions.
What certainly is unclear and ambiguous is whether the medical consultant has the legal authority, based on enabling legislation of NRC, to confer with patients and their families concerning the medical care of the injured person (s).
In spite of the various documented materials and some statements in the Code of Federal Regulations, this matter has never been addressed directly nor has it been clarified.
In July 1976, j
there was one conference of the then medical consultants to the NRC held in Chicago and some informal notes were forthcoming from that i
meeting, but no firm resolution of this issue was forthcoming, 2.
Another item is the relationship of the medical consultant to other entities such as hospitals, physicians, doctors' offices, state i
l and local jurisdictions.
My understanding is that the medical consultant is responsible only to the NRC and to this e?. tent was not to participate in patient care.
This point has been variously interpreted by medical consultants over the years.
3.
The line of ecmmand and communication between the medical
~l consultant and the acency has never been clearly defined.
Written instructions have frecuently been delayed, sometimes indefinitely, from the viewpoint of the speed with which an investigation should proceed.
On occasion the Commission has appointed one of its medical o
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".r. jvan Selin I
Cecember 28, 1992 l
i consultants and then removed him from the investigation.
This act in cne instance was preceded by the appointment of other censultants
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unbeknown to the medical consultant who had been originally engaged.
j This was my personal experience.
j 4.
It has never been clear, particularly based on the question of l
whether the medical consultant should confer with patients and their attending physicians, as to whether the medical consultant should appear at the scene of an accident or whether the investigation should-be handled entirely by telephone and correspondence.
This point is particularly important in view of the fact that some of the medical consultants are probably not licensed in the many states in which they are required to render medical judgments.
5.
Implications have been made that the NRC is responsible for
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lengthy ongoing investigations either of an epidemiological nature or i
involving patient care.
Whether the NRC has the authority to engage in such activities is not clarified at least through the action of a i
redical consultant.
6.
Considering the amount of effort required by the medical consultant, the pay scale offered by the NRC is substandard.
In particular it should be noted that the medical consultant is almost always required to handle an " emergency" requiring his immediate and continued attention.
Some references from my files are included to clarify the points made in this letter.
I would be pleased to help in the clarification of these important issues.
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Sincerely, v
QL 4-; %.
6 d
Eugene L.
Saenger, M.D.
Professor Emeritus of Radiology Director Emeritus, E.L.. Saenger Radioisotope Laboratory ELS/sek enclosures cc:
Senator John Glenn i
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December 21, 1966 To:
Mr. Leo Dubinski 5
FROM:
Dr. Eugene L.
Saenger
Subject:
Legal authority for investigation and medical consultation for exposed individuals by meaical consultants to the Division af Compliance.
- 1. This memorandum is presented to clarify discussions concerning the legal justification of a commission physician (either employee or consultant *) to advise an individual either injured or potentially injured by radiation from AEC licensed material that ne should seek medical assistance and that if such person's physician desires ad-vice and assistance from an AEC physician such assistance is avail-able upcn request.
instances no problems will arise from gratuitous acvice; In most if, however, in the future there is a deleterious result possibly attributable to the role of the AEC physician, the possibility of suits on the p4rt of the person injured, the person's pnysician and the licensee against AEC and the physician become likely.
It is the purpose of this memorandum to present a plan to clarify this situation so as to provide the AEC physician with written forms to the injured individual and licensee at tne initial to present visit.
- 2. An IIC physician serving as a =cmber of the Division of Compliance investigating an incident has all rights to query tne licensee and injured individuals concerning the incident as providec under IAD No. 0700-3 of June 7, 1963 section E.
A copy of this directive should be furnished to all consultants.
In this investigation the Division of Compliance recuests the AEC physician to assist in gathering information regarding the radiation dose to person (s) and to render a professional opinion as to this dose (its magnitude, error of estimate, effects).
3.(a)
- n Appendix A of AEC-R 8/3 of March 11, 1959 General Counsel states that AEC does not have authority to require its licensee
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to furnish medical treatment to persons receiving radiation exposure from naterials possessed under AEC license.
(*herei f ter ref erred to as AEC physician) l
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AEC may require licensees to furnish appropriate bioassay and physical examination to obtain information needeu by the AEC in carrying out its responsibilities.
The phraseology of this section following "bicassay" could be to furnish bicassay, medical history, g,hysical improved as follows:
laboratory work to octain---etc.
These examinations and pertinent inrormation necessary to the accitions oc11neate specific items c:
investigation which are not implied.
Counsel further states that AEC physicians should not provide (b) direct medical care for persons exposed as a result of radiation incidents in licensed activities except under emergency conditions to protect health and safety or where other physicians are not avail-able.
The AEC should provide technical assistance to private physicians on a basis similar to that provided under the AEC's radiological Thus any assistance plan for dealing with radiation incidents.
private physician may request medical consultation which would be classified as " technical assistance".
Under item c of Counsel's opinion (Appendix A, continuing) AEC physician would inform each person involved as to whether he should seek medical advice.
This point is the critical one in that AEC relationship l
physician can come between the normal physician patient and can interfere also with state rules of tort liaL111ty and state workmen's compensation law.
Under secpon 4 of Appenuix A Counsel statos explicitly that Congress 4
did not intend to replace or modify state rules and procedures re-the furnishing of garding compensation for medical expenses of, or medical services to injured persons.
law and regulations, It is my personal opinion that under present the proferring of advice to an injured person by AEC person vithout the written consent of licensee, licensee physician or private physician of the injured person violates Counsel's interpretation.
i directives AEC physician can inform licensee, 4
Within the present or private physician of the technical services available unuer IRAP.
i j
If no licensee representative or private physician is available AEC Other-l physician could give this information to the injurou person.
wise he should act through the private physician and/or licensee.
or release should then be signed by licensee, An appropriate permit private physician or injured person or local health authority-1 such medical consultation has been requested.
stating that
_3_
r This step would obviate the need for AEC physician telling an injured individual that AEC is watching over him or that the e
private doctor is or isn't providing adequate care as such opinions
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are fraught with danger.
AEC physician and all members of the Division of Compliance who investigate incidents should have available for licensee, injured person and local authorities copies of IAD 0700-3 anc releases for presentation at the incident site.
Release could be provided by telegram or telephone.
These arrangements should be describeu to licensee and injured person by members of the investigating team on first arrival at the incident site indicating that such services are provided under IRAP.-
A suggested form follows:
l CO::SE::T l
I/we, representing Licensee, injured person or company, person, local autnorit local authority request the aid of the Atomic Encrgy Commission under provisions of i
the Interagency Radiological Assistance Plan in connection with the 1
incident beginning on
,a t j
Date City, County, State Signed Title Witness:
Date 5.
Was the letter described in Appendix B of AEC-R S/3 sont to~JCAE?'
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Fem AEC.333 Published in advance of incorporation in 0707 U-' D AEC Manual File and retain in Manual until superseded.-
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4 UNITED STATES ATOMIC ENERGY COHhCSSION AEC MANUAL IMM EDIAT E A C TIO N DIRECTIVE T' '
IAD NO.
0700-3 dam Jme 7, 1963 i
i
SUBJECT:
RADIATION INCIDE!Tr INVESTIGATIONS WilI3 ARE THE RESPONSIBILITY OF THE DIRECTOR OF REGUIATION I
This directive establishes policy and assigns responsibility and authority of the Regulatory Staff for radiation incident investigations which are
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the responsibility of the Director of Regulation, i
The attached instructions are to be placed in' effect Jf: 1;1933 by the j
{g Regulatory Staff, pending the issuance of a revised hanuai Chapter _0707
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that is in preparation. AEC Chap ~r C707 ti ed !2.y w, l')S7. is recc r.ded.,'
p.
Y M.-rl M e ei:a ::r :i Fe;ulatsen i
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IAD No. C700-3 June 7, 1963 INSTRUCTIONS IN REGARD TO RADIATION INCIDENT IN7ESTICATIONS L'HICH ARE THE RESPONSIBILITY OF THE DIRECTOR OF RECU1ATION i
EFFECTIVE Julv 1.1063 i
A.
Policy It is the policy of the Ato=1c Energy Conunission to investigate incidents which involve source, byproduct, or special nuclear materials ject to license or regulation by the Atomic Energy Consnisaion i
B.
Obieetives i
1.
To investigate incidents to detarmine their cause or causes and to ascertain the status of compliance by the liceges with applicable laws and AEC regulatory requirements.-
2.
To provide prompt and factual information to the public regarding incidents.
3.
To provide a basis for the imprefement of AEC rules, regula-tions, guides, and stenderds for the utilization of materials and facilities.
C.
Duties. Responsibilities and Authorities 1.
The Director of Reguletion appoints cournittees as provided I
in Section G.
2.
The Director. Divisten of Comolienes, shall:
a.
inform the Director of Regulatten, the Gsseral Manager, members of their respective staffs, and the Directer of Inspection of notifications or reports of incidents, as provided in Subsections F. 2. and F. 3.
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- Attention is directed to the definition of the term " materials subject to license or regulation by the AEC" contained in Eub-section D.4.
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1/ Attention is directed to the definition of the term " licensee"
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contained in Subsection D.5.
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June 7, 1963 b.
conduct investigations of incidents in accordance utth the provisions of Section E and Subsection F.4 preparc and submit reports of or provide information c.
with respect to, results of investigations, as pro-vided in Subsections F.6. through F.11., inclusive.
r d.
assure that each person who is exposed to radiation as a result of an incident is interviewed by an AEC physician, as provided in Subsection F.5.
furnish information and assistance in the preparation e.
and release of public statements on incidents, where deemed appropriate and in accordance with AEC Manual Chapter 3105.
f.
assure that appropriate State authorities and Tederal agencies arc informed of incidents which occer within or under their jurisdiction, and that the Federal Bureau of Investigation is informed of alleged or suspected criminal violations of Federal law, includ-ing the Atomic Energy Act of 1954, as amended.
D.
Definitions 1,
For the purpose of this instruction, an " incident" is any occurrence falling within the definitions below of " Type A" t
or " Type B" incidents.
2.
For the purpose of this instruction, a " Type A" incident is an incident involving source, byproduct, or special nuclear material subject to license or regulation by the AEC which cay have caused or threatens to cause:
exposure of the whole body of any individual to 25 rems a.
or rore of radiation; exposure of the skin of the whole body of any individual to 150 rems or more of radiation; orexposureofthefeet, ankles,handsorforeagrsof any individual to 375 rems or more of radiatien I, or 2/ Intentional exposure of patients to radiscion for the purpose of medical diagnosis or medical therapy excluded.
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the release of radioactive material lLn concentrations which, if averaged over a period of 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />, vould i
exceed 5,000 times the limits specified for such l
materials in Appendix B, Tabic II,10 CYR 20; or a loss of one working week or nore of the operation c.
of any facilities affected; or d.
damage to property in excess of $100,000.
3.
For the purpose of this instruction, a " Type B" incident is an incident involving source, byproduct, or special nuclear material subject to license or regulation by the AEC which cay i
have caused or threatens to cause:
i exposure of the whole body of any individual to 5 rems a.
or more of radiation; exposure of the skin of the whole i
body of any individual to 30 rema or more of radiation, l
or exposure of the feet, ankl s, hands, or forearms to 75 rems or more of radiation 1 or i
b.
the release of radioactive material in concentrations which, if averaged over a period of 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />, would exceed 500 times the limits specified for such materials in Appendix B, Table II,10 CFR 20; or a loss of one day or more of the operation of any c.
facilities affected; or d.
damage to property in excess of $1,000.
4.
As used in this instruction, the term " materials subject to license or regulatten by the AEC" means source, byproduct, or special nuclear material which is subject to the licensing authority of the AEC, pursuant to Parts 30, 40 or 70, and also other source, byproduct, or special nucleer material-while located on site in connection with the operation of a facility licensed pursuant to Part 50.
5.
As used in this instruction, the term " licensee" means any person who is subject to the licensing authority of the
^ 'c n"rsuant to Parts 30, 40 or 70, and any person e.c whom a license has been issued pursuant to Part 50.
IIIntentienal exposure of patients to radiation for the purpose of nedical diagnosis or medical therapy excluded.
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Investfrattens Each investigation shall be designed and executed to determine the f acts and circumstances of each incident.
In particular, the investigation should:
1.
establish the nature, extent, and particulars of the incident.
2.
ascertain the cause of the incident.
3.
ascertain the status of co=pliance of the licensee with applicable laws and AEC regulatory requirements.
4 ascertain what action, if any, licensee management has taken, or plans to take, to minimize or preclude similar incidents.
5.
provide information which will assist the AEC to determine corrective action appropriate to minimize or preclude similar incidents.
t 6.
provide information which will assist the AEC to improve rules, regulations, guides and standards for the utilization of materials and facilities.
I F.
Procedure for Investigation and Reporting of Incidents
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1 1.
Regulatory Divisions and Regional Offices which receive a notification or report of an incident shall promptly refer such notice or report to the Division of Compliance
'cy telephone with cenfirmation in writing.
Referrals shoald be made to the Assistant Director for Reactors or the Assistant Director for Materials, as appropriate.
2.
The Director, Division of Compliance, promptly shall inform the Director, Division of Licensing and Regulation, of each notification or report of an incident.
j 3.
The Director, Division cf Cocpliance, shall inform the Director of Regulation; Director, Division of Radiation Protection Standards; the General Counsel; the General Manager and appropriate members of his staff, including l
the Director, Division of Public Information; and the Director, Division of Inspection, of notifications cr reports of significanc incidents.
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The Director, Division of Compliance, shall initiate appropriate investigation of the reported incident, which investigation shall satisfy the provisions of Section E.
5.
The Director, Division of Compliance, shall assure that each person who, as a result of an incident, is exposed or suspected to have been exposed to a radiation dose in the amounts specifiep in Subsection D.2.a. is informed by the AEC physician / assigned to assist in the investiga.
tion, whether such person should seek medical assistance and that, if such person's physician desires advice and assistance from an AEC physician, such assistance is available upon request.
6.
Upon completion of the investigation, the Division of Compliance will prepare a report of the investigation, consisting of investigation details and a summary of the facts, with respect to:
the nature, extent, and particulars of the incident; cause or causes of the incident; and the status of compliance of the licensee 4
with applicable laws and AEC regulatory requirements.
7.
The Director, Division of Compliance, shall furnish the Director, Division of Licensing and Regulation, reports of investigation concerning each incident investigated pursuant to this instruction.
8.
The Director, Division of Compliance, shall advise those inforced of the incident pursuant to paragraph F.3., above, of the results of the investigation.
9.
The Director, Division of Compliance, shall provide information, as appropriate, to the Director, Division of Licensing and Regulation, with respect to: action taken or planned by licensee management to minimize or preclude
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sin 11ar incidents; information which will assist the AEC to determine corrective action appropriate to minimize or preclude similar incidents; and information which will assist the AEC to improve rules, regulations, guides and standards for the utilization of materials and facilities.
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-- or consultant physician directly responsible to AEC
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- 10. The Directer, Division of Compliance, shall furnish the Director, Division of Radiation Protection Standards, information concerning exposure of persons and release of radioactive caterial to the environment as a' result of an incident.
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- 11. The Director, Division of Compliance, shall make investiga-l tive information available to any comittee which may be i
appointed pursuant to Section G.
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Comittee s i
1.
Where an incident has particularly significant health and e
safety or public interest aspects, the results of the investigation thereof may be reviewed by a committee qualified to provide expert opinion and advice, j
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The Director of Regulation will determine, with respect 1
to incidents reported to him pursuant to Subsection F.3. or i
otherwise brought to his attention, whether a committee i
designatethechairman.1)appointthemembers;andwill f
should be appointed; wil 3.
A comittee appointed by the Director of Regulation pursuant to Subsection G.2. will:
a.
review information gathered by the investigation.
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b.
advise whether additional investigation should be
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i c.
review and coment on the information_ developed as a result of the investigation with respect to such i
matters as the nature of the incident, its cause or causes, and matters to be considered in order t
to minimize or preclude similar indi. dents.
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d.
prepare a report for the Director of Regulation.
ll 4.
The committee may question witnesses and examine documents.
equipment, facilities, and sites pertinent to the incident.
5.
The Director, Division of Compliance, shall keep the l
F comittee fully and currently informed with respect to infomation and data gathered during and as a result of the investigation.
k min accordance with the provisions of 10 CYR 7, " Advisory boards" (AEC Hanual Chapter 0105 - AEC Advisory Boards).
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i H.. Basic Recut erents i
1.
References I
a.
Licensees are required to submit notification and report of incidents to the Division of Licensing and Regulation and the Division of Compliance in accordance with particular license provisions and 1
Title 10 of the Code of Federal Regulations.
b.
Manual Chapter 0703, " Notification, Investigation, and Reporting of Incidents Requiring Innediate Notice to Headquarters," establishes Commission policy for investigation of incidents and, inter alia, provides tha t the Director, Division of Inspection, conducts investigations of incidents occurring in licensed i
activities when requested by the Commission i
(033 d.(2)).
I.
Rescindine of Manual Chapter Manual Chapter 0707, dated May 22, 1957 is rescinded.
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