ML20205S883
| ML20205S883 | |
| Person / Time | |
|---|---|
| Site: | 07000398 |
| Issue date: | 04/18/1985 |
| From: | Slaback L AFFILIATION NOT ASSIGNED |
| To: | Martin T NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| Shared Package | |
| ML20205S798 | List: |
| References | |
| NUDOCS 8704070150 | |
| Download: ML20205S883 (2) | |
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l 18 April 1985 i
Mr. Thomas T. Martin Division of Radiation Safety and Safeguards 1
U. S. Nuclear Regulatory Commission - Region I 631' Park Avenue j
King of Prussia, PA 19406 i
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Reference:
Inspection 70-398/85-01
Dear Sir:
I am a Health Physicist at the National Bureau of Standards. I am writing in
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regard to a citation recently received by NBS. This letter represents my j
personal views, not those of NBS, and hence is not to be considered as part
-of the official record relating to that citation. I am writing with the intent of clarifying my understanding of the regulations regarding this I
citation and with the hope that the regulations or other NRC guidance can be changed so that the NRC position regarding ' spent fuel' will be clearer.
These coments are specifically related to the citation in that report to 4
j the effect that we did not have authorization to possess a small quantity of j
" spent fuel", eg. approximately 0.3 grams.
(1) The referenced regulation, i.e.,
10CFR70.3, makes no mention of
" spent fuel". Further I can find no definition of spent fuel in Title 10, 1
Code of Federal Regulations, pertinent to small quantities used in research institutions. Where is a licensee to find such guidance or regulations? I 3
1 suggest that the regulations be amended if in fact clear definitions are not j
there. I would appreciate your comments on this so I can initiate the j
appropriate action.
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(2) SNM-362 issued to-the National Bureau of Standards specifically l
permits certain quantities?of special nuclear material of both an1 fGIm and sealed 1QIm to be acquired by NBS. The two sources in question, a total of 0 3 gram of special nuclear material, in fact could easily be assigned to 4
either category since they are in fact encapsulated in stainless steel.
There is no question in my mind that these are "any form", even in the most restrictive sense. Obviously I am misinterpreting the NRC intent in their
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use of these terms. Can you point me to appropriate references or provide a j
document that clarifies my confusion on this?
i (3) A question was raised during the inspection that the fact this material also contains by-product material, i.e.,
fission products, somehow i
makes this material a special case. Again I have to admit to confusion.
Where in the regulations can I find a prohibition for aquiring mixed i
nuclides or for mixing them ourselves? I am of course aware that a licensee
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can only do what has been specifically requested but in fact in the past j
broad. licenses were relatively generous in this regard, particularly at this level of detail. NBS routinely mixes a variety of nuclides in preparing standards, including transuranics. The material in question in this citation consequently differs only in quantity l not substance, from I
activities NBS is currently authorized to do. So again,~ where am I to find j
words from NRC that clarify this issue?
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F Again, let me emphasize that these are my own views and not that of'NBS.
Basically I am trying to find out in a more explicit manner the basis for the citation we received ard to explore the possibility that a change in the regulations might be needed to clarify what appears to me to be a very vague area. I will be happy to submit a PRM if such is needed.
Thank you for your attention on this matter.
Sincerely,
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Lester A. Slaback, Jr.
122 E. Deer Park Gaithersburg, MD 20877 e
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APPENDIX A
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NOTICE OF VIOLATION U. S. Department of Commerce Docket No.70-398 National Bureau of Standards License No. SNM-362 Gaithersburg, Maryland As a result of the ins;.!ction conducted on January 30 - February 1,1985, and in accordance with the NRC Enforcement Policy (10 CFR 2, Appendix C), the following violation was identified:
10 CFR 70.3 " License Requirements" states, in part, that no person subject to the regulations in this part shall receive, possess or use special nuclear material except as authorized in a license issued by the Commission pursuant to these regulations. Materials License No. SNM-362 4
does not authorize the possession and use of spent reactor fuel which contains special nuclear material.
Contrary to the above, the licensee received, possessed and used spent reactor fuel which contained special nuclear material between July 3, 1980 and January 30, 1985. Receipt, possession and use of the spent reactor fuel was not authorized in a license issued by the Commission pursuant to these regulations.,
This is a Severity Level IV Violation (Supplement VI).
Pursuant to the provisions of 10 CFR 2.201, National Bureau of Standards is hereby required to submit to this office within thirty days of the date of the letter which transmitted this Notice, a written statement or explanation in reply, including: (1) the corrective steps which have been taken and the results achieved; (2) corrective steps which will be taken to avoid further violations; and (3) the date when full compliance will be achieved.
Where good cause is shown, consideration will be given to extending this response time.
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o UNITED STATES E,w g
NUCLEAR REGULATORY COMMISSION 5.%y,"- e
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REGION I e
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- AD,8 KING oF PRUSSIA, PENNSYLVANIA 19406 MAR 2 81985 5
Docket No.70-398 License No. SNM-362 ti. S. Department of Commerce U,tional Bureau of Standards ATTN: Mr. L. E. Pevey Chief, Occupational Health and Safety Division Gaithersburg, Maryland 20899 I
i Gentlemen:
Subject:
InspectionNo.70-I98/85-01 This refers to the routine safety inspection conducted by Mr. J. Roth of this office on January 30 - February 1,1985 for the purpose of reviewing the C* o licensed program at your facility.
The inspection identified one violation of NRC requirements.
Please reply to this matter in accordance with the enclosed Appendix A.
This reply is not subject to clearance by the Office of Management and Budget under the Paperwork Reduction Act of 1980, PL 96-511.
Your cooperation with us_is appreciated.
Sincerely, 4
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d homas T. Marti tractor Division of Radiation Safety and !afegucrds
Enclosures:
1.
Appendix A, Notice of Violation 2.
NRC Region I Inspection Report No. 70-398/85-01 t
cc w/encls.
T. G. Hobbs, Chief, Health Physics I
L. A. Slaback Jr., Supervisor, Health Physicist J. Wang, Supervisory Health Physicist i
Public Occument Room (POR) j Local Pubite Document Room (LPOR)
Nuclear Safety Information, Center (NSIC) l StateofMaryland(2) m i
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