ML20132F411

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Staff Requirements Memo Re SECY-96-193, Abnormal Occurrence Repts:Implementation of Section 208 Energy Reorganization Act of 1974,Final Policy Statement. Commission Approved Publication
ML20132F411
Person / Time
Issue date: 11/07/1996
From: Hoyle J
NRC OFFICE OF THE SECRETARY (SECY)
To: Taylor J
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
References
REF-10CFR9.7 SECY-96-193-C, NUDOCS 9612240239
Download: ML20132F411 (5)


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e.... November 7, 1996 OFFICE OF THE SECRETARY MEMORANDUM TO: James M. Taylor Execu 'v Di ctor for Operations bSecretary FROM: John, . Hoyl

SUBJECT:

STAFF REQUIREMENTS - SECY-96-193 - ABNORMAL OCCURRENCE REPORTS: IMPLEMENTATION OF SECTION 208 ENERGY REORGANIZATION ACT OF 1974; FINAL POLICY The Commission has approved publication of the final Policy statement on " Abnormal Occurrence Reports: Implementation of Section 208 Energy Reorganization Act of 1974; Final Policy Statement" subject to the changes noted in the attachment. Also, throughout the policy statement, all uses of the term " nursing infant" -should be replaced with " nursing child."

(EDO) (SECY Suspense: 12/13/96)

The staff should file incident information on potential abnormal occurences (AOs) in the Public Document Rooms (PDRs) as soon as possible after the staff determines that the incident is a notential AO because it may meet the AO criteria. The staff should not wait until an AO determination is made by the Commission, once a year, to make the incident information available to the public through the PDRs. In following this direction, the staff should place already-existing documents on these incidents in the PDRs and identify the incident as a potential AO. Preliminary Notifications, press releases, or morning report information filed in the PDRs will satisfy this directive. The staff should not develop lengthy, new documents for the PDRs on each incident to satisfy this Commission direction. Instead, the intent is to make information on major incidents immediately available to the public and categorized as potential AOs in advance of a final Commission decision, with minimal resource impact on the staff.

SECY NOTE: THIS SRM, SECY-96-193, AND THE VOTE SHEETS OF ALL {

COMMISSIONERS WILL BE MADE PUBLICLY AVAILABLE 5 \

WORKING DAYS FROM THE DATE OF THIS SRM.

240031 gm 9612240239 461107 '

PDR 10CFR PT9.7 PDR

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) The staff should begin to develop conforming changes to the final i AO policy statement to cover fuel cycle facilities that may j receive NRC certification. Specifically, the staff should j determine whether modifications to criteria III., "For Fuel Cycle

! Licensees," are necessary to explicitly include fuel cycle

facilities that are not licensed but are otherwise-regulated such as the gaseous diffusion plants (GDPs). These conforming changes

! should be in place if and when NRC accepts jurisdiction for the GDPs.

i (EDO) (SECY Suspense: 3/3/97) i 4

Following issuance of the FY 1997 AO report to Congress (in early i 1998), the staff should report to the Commission on how NRC will 1 identify unintended medical radiation exposures to an j embryo / fetus or a nursing child and describe the staff's i experience with voluntary reporting. In the staff's report, the l staff should address whether the final AO policy criteria should i be revised to omit reference to these types of incidents, if the staff does not recommend a mechanism to identify unintended medical radiation exposures to an embryo / fetus or a nursing j child.

(EDO) (SECY Suspense: 3/13/98)

Attachment:

j' As stated l

I cc: Chairman Jackson Commissioner Rogers i

Commissioner Dicus

! Commissioner Diaz Commissioner McGaffigan l

OGC OCA OIG Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail) 1

15 Response: The revised criteria were presented to ACMUI and comments received I were incorporated before publishing them in the Federal Register (January 9, 1996: 61 FR 661). Because 00nly minor changes have been made to the criteria since ACMUI's review 7, the Ccmmissien doc net belicyc that it is necessary fer ACMUI to further examine the criteria.

Comnent: Add a third condition to the medical A0 criteria to read: "and (c) is a radiation exposure that has resulted in unintended permanent functional damage to an organ or a physiological system as determined by a physician" to eliminate reporting events to Congress that do not have any medical  !

significance.

Response: The NRC believes that the dose thresholds of the revised criteria have sufficient margin included to limit the reporting of insignificant events. In addition, the NRC considers it important to report events that have-the Dotential to result in adverse public health and safety. The inclusion of the recommended criterion would preclude reporting of these ,

events. Therefore, the NRC does not intend to include the proposed language.

Comment: Insignificant medical events have been included in the past A0 reports to Congress.

Response: The NRC understands the commenters* concerns unth the implementation of the medical A0 policy before the revision. Because of the low dose thresholds established in the previous criteria, medical events that have not had the potential to result in significant radiation consequences to

l 19 setting, as a patient who was not intended to receive a prescribed dose, or as a member of the public, i

Conment: Three States suggested providing credentials for a " physician" as i

listed in criterion I.A.3.  :

Response: For general purposes the term " physician" is defined in 10 CFR Part ,

l 35,2, where " Physician means a medical doctor or doctor of osteopathy licensed 1 by a State or Territory.of the United States, the District of Columbia, or the Commonwealth of Puerto Rico to prescribe drugs in the practice of medicine."

Although the NRC regulations do not specify the detailed credentials of a " physician" for incident evaluation purposes, the NRC staff has developed an NRC Inspection Manual Chapter (IMC 1360) "Use of Physicians and Scientific Consultants in the Medical Consultant Program" that lists a group of physiciansthattheNRCstaffmayobtainasproiidssfgbidinKof@hs?Uselof  !

I NR,C, consultants in case of an incident.

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NRC3a.nijemefit;DifsctiiO38[107"NRCj Mddfjalf EyhntIAsssssment!Pr@rsthEto ensure [timsifiandit@#ifehsnsiisksVieK0((msdicaMsVsnts? The NRC staff has reviewed the credenti;E of the c physician: and has determined that they have the exper+1:e in specialized creas using byproduct material for the evaluation of radiation consecuences. The Inspection Manual is lIMC313609dd2Miiiapsiheiit Directivs18!10farsavailableintheNRCpublicdocumentroom,2120LStreet, NW. (Lower Level), Washington, DC 20555-0001.

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! ' unintended radiation exposures include any exposure to a nursing infant child.

l fetus, or embryo as a result of an exposure (other than an occupational j exposure to an undeclared pregnant woman) to a nursing mother or pregnant woman bboys[$ps?ifiEdfyildbf, t

i i 3. Abnormal occurrence aeneral statement of oolicy. The Commission 4

will apply the following policy in determining whether an incident or event at j- a facility or involving an activity that is licensed or otherwise regulated by l': the Commission is an A0 within the purview of Section 208 of the Energy

} Reorganization Act of 1974, as amended.

i i An incident or event will be considered an A0 if it involves a major i

reduction in the degree of protection of the public health or safety. This

. type of incident or event would have a moderate or more severe impact on the

public health or safety and could include, but need not be limited to the l following

1 (1) Moderate exposure to, or release of, radioactive material licensed . l

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by or otherwise regulated by the Commission; i l (2) Major degradation of essential safety-related equipment; or 1

i (3) Major deficiencies in design, construction, use of, or management controls for licensed facilities or material.

i

! Criteria by type of event used to determine which incidents or events j will be considered for reporting as A0s are set out in appendix-A of this j policy statement.

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