ML20137Q882

Comments on Rev to 10CFR35 & Reg Guide 10.8.Retention of All Records for Insp Cycle Would Permit Verification of Compliance for Entire Interval Specified in Regulation

ML20137Q882
Person / Time
Issue date:	04/02/1984
From:	Banggart R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV)
To:	Cunningham R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
Shared Package
ML20136D915	List: ML20136D909 ML20136E266 ML20136E272 ML20136E278 ML20136E295 ML20136E318 ML20136E323 ML20136E492 ML20136E705 ML20136E879 ML20136F099 ML20136F109 ML20136F154 ML20137Q526 ML20137Q531 ML20137Q538 ML20137Q545 ML20137Q557 ML20137Q566 ML20137Q572 ML20137Q579 ML20137Q585 ML20137Q596 ML20137Q605 ML20137Q644 ML20137Q655 ML20137Q660 ML20137Q671 ML20137Q682 ML20137Q688 ML20137Q690 ML20137Q692 ML20137Q695 ML20137Q697 ML20137Q705 ML20137Q710 ML20137Q715 ML20137Q719 ML20137Q721 ML20137Q724 ML20137Q726 ML20137Q734 ML20137Q742 ML20137Q747 ML20137Q760 ML20137Q766 ML20137Q777 ML20137Q783 ML20137Q791 ML20137Q796 ... further results
References
FRN-50FR30616, RTR-REGGD-10.008, RULE-PR-35 AA73-1, NUDOCS 8509230302
Download: ML20137Q882 (2)

Text

g  % UNITED STATES 3x .

1 NUCLEAR REGULATORY COMMISSION

/ :. REGloN IV D 611 RYAN PLAZA DRIVE, SUITE 1000 1-O

1. [

=

h * *y ARLINGTON. TEXAS 76011 April 2,1984 l@j LP I P

MEMORANDUM FOR: Richard E. Cunningham, Director, Division of Fuel Cycle and Material Safety FROM: Richard L. Bangart, Director, Division of Technical Programs Region IV

SUBJECT:

REVISION 0F 10 CFR PART 35 AND REGULATORY GUIDE 10.8 We appreciated the fine presentation by Mr. Norman McElroy on March 21, 1984, at the Region IV office regarding Part 35. Please consider the following comments in regard to the regulation and its implementation.

1. The records retention interval specified in the regulation often ranges

/ from 1 to 2 years while the inspection interval presumably continues as once in 3 years. Records should be required to be maintained until the next inspection in order to enable the inspector to verify that the licensee has maintained the safety program during the interval. Although the inspector may review only the most recent records, other records generated since the last inspection should be retained to enable full review of licensee corrective actions associated with previous enforcement action or for allegation investigation. Retention of all records for the inspection cycle would permit verification of compliance for the entire interval.

2. Mr. McElroy indicated during his presentation that licenses issued under

/ the proposed regulation would not include a condition requiring the licensee to use licensed material "in accordance with statements, representations, and procedures contained in the application."

However, the draft Regulatory Guide 10.8 stipulates that the applicant should declare that he will follow model procedures included as appendices to Regulatory Guide 10.8 or enclose similar procedures for review.

Since the licensee will be legally bound neither by license condition nor by the regulation to implement those specific procedures, their application must be considered as their commitment. In the event that we have a problem with a licensee concerning his implemention of submitted procedures, we will have no regulatory recourse other than a Notice of Deviation. This limits the options for escalated enforcement.

8509230302 B50906 PDR

$750hn30616

r Richard E. Cunningham April 2,1984 ,

, The regulation does require that the Radiation Safety Officer establish and implement written procedures, but there is no standard

.specified for minimum content nor a stipulation that these procedures be similar to.those submitted with the application or committed to by reference in the application. As a result, requirements to be inspected against become inspector judgement.

c.kdAtf{ GR kt Richard L. Bangart, Direc or Division of Technical Programs l

.