ML20138B109
| ML20138B109 | |
| Person / Time | |
|---|---|
| Issue date: | 04/09/1997 |
| From: | Mcgaffigan E NRC COMMISSION (OCM) |
| To: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20138B048 | List: |
| References | |
| SECY-97-045-C, SECY-97-45-C, NUDOCS 9704290073 | |
| Download: ML20138B109 (2) | |
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NOTATION VOTE j
RESPONSE SHEET TO:
John C. Hoyle, Secretary FROM:
COMMISSIONER MCGAFFIGAN
SUBJECT:
SECY-97-045 - FINAL RULE - REPORTING REQUIREMENTS FOR UNAUTHORIZED USE OF LICENSED RADIOACTIVE MATERIAL AND REVISION TO THE NRC ENFORCEMENT POLICY Approved Disapproved Y
Abstain Not Participating Request Discussion COMMENTS:
See attached comment.
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SIGNATIfRE'> V Release Vote
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i 77 lDATE Withhold vote
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Entered on "AS" Yes
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No 9704290073 970417 PDR COMMS NRCC q, CORRESPONDENCE PDR
i i a Commissioner McGaffigan's comments on SECY-97-045 - FINAL RULE ON REPORTING REQUIREMENTS FOR UNAUTHORIZED USE OF LICENSED RADI0 ACTIVE MATERIAL AND REVISION TO NRC ENFORCEMENT POLICY I disapprove of proceeding with the proposed final rule (Options 2 or 3) and recomend that it be withdrawn (0ption 1).
However, I am concerned that there is a gap in our current regulations when
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intentional misuse is involved. The staff does not believe that existing regulations such as 10 CFR 30.10, Deliberate misconduct. 10 CFR 20.2201, Reports of theft or loss of licensed material.10 CFR 20.2202, Notification of incidents, and 10 CFR 30.50(a). Reporting requirements, cover potentially significant incidents.
Nor is it clear to me that the requirement in 10 CFR
,20.1101(a) that licensees have radiation protection programs will ensure that licensees will investigate allegations of intentional misuse in cases of exposures below the reporting limits in Part 20 (e.g., 5 rem in a 24-hour period. 25 rem TEDE).
History may indicate that some licensees do and others do not. Thus, I would join Commissioner Dicus in considering a requirement that licensees investigate allegations of intentional misuse and report to NRC j
any confirmed cases of intentional misuse.
A requirement such as t11s would allow NRC to consider enforcement actions against individuals involved in confirmed intentional misuse and also to evaluate the effectiveness of licensee corrective actions.
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UNITED STATES y"
NUCLEAR REGULATORY COMMISSION 5
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WASHINGTON, D.C. 20555 0001
%...vj April 17, 1997 SECRETARY MEMORANDUM TO:
L. Joseph Callan Exe ti e D' ec r Operations FROM:
Jo C. Hoy Secretary
SUBJECT:
ST FF ROQUIREMENTS - SECY-97-045 - FINAL RULE
- REPORTING REQUIREMENTS FOR UNAUTHORIZED USE OF LICENSED MATERIAL AND REVISION TO THE NRC ENFORCEMENT POLICY The Commission has disapproved the proposal to republish the revised rule for a short public comment period and instead has approved Option 1 - withdrawal of the proposed rule.
Given adequate resources, the Commission is willing to consider any proposal the staff may make to impose a requirement that licensees investigate allegations of intentional misuse and report to the NRC any confirmed cases of intentional misuse.
The reports would allow the NRC to consider enforcement actions against individuals involved in confirmed intentional misuse and to evaluate the effectiveness of a licensee's corrective actions.
The user offices should assign a priority consistent with the rule's potential for risk reduction, if it is decided that such a rule is to be recommended to the Commission.
cc:
Chairman JackrcJ Commissioner Fojers Commissioner Dicus Commissioner Dia:
Commissioner McGaffigan OGC CIO CFO OCA OIG Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)
THIS SRM, SECY-97-045, AND THE COINISSION VOTING RECORD CONTAINING THE VOTE SHEETS OF ALL COMMISSIONERS WILL BE MADE PUBLICLY AVAILABLE 5 WORKING DAYS FROM THE DATE OF THIS SRM.
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