ML20215F896
| ML20215F896 | |
| Person / Time | |
|---|---|
| Site: | Surry, North Anna, 05000000 |
| Issue date: | 08/12/1977 |
| From: | Shapar H NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | Stallings C VIRGINIA POWER (VIRGINIA ELECTRIC & POWER CO.) |
| Shared Package | |
| ML20215F899 | List: |
| References | |
| NUDOCS 8610160411 | |
| Download: ML20215F896 (3) | |
Text
P0ll T
AUG 121977
).ir. C. M. Stallings Vice Pa esident-Power Supply' and Productions Operations Virginia Electric and Power Company Richmond, Virginia 23?61
Dear lir..Stallings:
Your letter of July 19, 1977 to Mr. Case, Acting Director Office of Nuclear Reactor Regulation, requesting a written interpretation of section 20.408 of the Conunission's regulations relating to " Reports of personnel exposures on termination of employment or work" has been referred to me for reply. The following guidance is provided to assist you in determining when the reports
/ required by 10 CFR $ 20.408 are to tie furnished. If you have additional questions or need further clarif cation, please do not hestitate to let me know.
10 CFR $ 20.408 provides:
When an individual terminates eraployment with a licensee subject to 520.407, or an individual assigned to work in such a licensce's facility, but not employed by the licensee, completes his work assignment in the licensee's facility, the licensee shall furnish to the Director of Inspection and Enforcement U.S. Nuclear Regulatory Commission,
' Washington, D.C.
20555, a report of the individual's exposure to radiation and radioactive, material, incurred during the period of employment or work assignment in the licensce's facihty, containing information recorded by the
. licensee pursuant to SS 20.401(a) and 20.108. Such report shall be furnished within 30 days after the e::posure of the individual has been determined by the licer.see or 90 days after the date of termination of employmen: or work
~
assignment, whichever is earlier.
Section 20.408 requires each licensee subject to 10 CFR $ 20.407 to furnish the U.S. Nuclear Regulatory Commission with reports on the occupational exposure to radiation and radioactive material incurred by certain individuals. The requirement to furnish reports on an individual's exposure extends to two classes of individuals:
(1) employees of the licensee, and (2) individuals assigned to work in a licensec's facility but not employed by the licensee.
B6 0160411 770812"~ ~ ~ ' ~
~~
~ ~~
~~~-
~ ~ ~ ~ ~
~~h~~
DR ADOCK 05000280 PDR
, ear,
- l _..
l_..
Pueen A&4',.38e ghe. 9.m AhCM 9240 W es. o. eevseiseesaser essestme errece sees. sea see
Mr. Stallings In the case of individuals who are employees of the licensee, the licensee's obligation pursuant to $ 20.408 to furnish a pornonnel exposure report on a particular individual arises only at the time the individual's <.mployment with the licensee is terminated. This report shows the cumulative occupational radiation exposure received by the individual.during the period of his employment with the licensee. Section 20.4C0 does not require the licensee to furnish a personnel exposure report ecch timo an employee changes his work assignment, includinE a change in assignment from one facility of the licensee to another. Changes in employee work assignments do not alter the licensee's control over or responsibility for the licensed facilities nor his control over or responsibility for his employees.
In the cace ofindividuals who are assigned to work in the licensee's facility but who are not employed by the lic'ensee (including contractor employees and so-called " transient workers), the licensee's obligt. tion to furnish the required personnel exposure report for a particular individual arises at the time the individual completes his work assignment in the licensce's facility. The re-port for such an individual shows the cumulative occupatic nl radiation exposure received by that individual during that particular work ascignment. This difference in treatment between employees and non-empicyees reficcts the fact that the licensee's control over the latter ends with the conclusion of the work assignment. It also reflects the fact that there is no assurance that the next work assignment undertaken by the non-employee will be at a facility which is licensed to the same licensee.
While there is a difference in the point of time at which the licensee becomes obligated to furnish personnel exposure reports for employees and non employees (upon termination of employment for the former and upon completion of a discrete work assignment in the licensee's facility for the latter), once the obligation to i
furnish a report has arisen, there is no difference between the two classes of individuals as to when the report must be furnished. For individuals in each class, the report must be furnished on the euliest of the following alternative j
dates:
(1) within thirty days after the erposure of the individual has been determined by the licensee; or (2) ninety days after the clate of termination of l
employment in the case of an empleyae. or ninety days ofcer the date of termina-I tion of the work assigrrnent in the case of a non-cmployce.
In accordance with the requirements of 10 CFR { 20.409(b), licensees are required to notify individuals of personnel exposure rg. orts at the same time those reports are transmitted to the Commission.
l i
- " 'u *
.. - a - r *
- At*
- seas Al L*. IN,8 Rev. 91H ALcM,9,249 p me.,e ege,r,agure,sr,rwe,v,see,e er,r,ecas,e3*e._gey i
i
Mr. Stallintw.
The reporting requirements of 10 CFR $ 20.408 are not exclusive. For example, $ 20.408 does not preclude individuals employed by licensees from obtaining information on occupational cr.posures to radiation prior to termi-nation of their employment. Pursuant to 10 LFR H 20.409(a) and 19.13(b),
cach licensee is required to advise any wm ker annually, at his request. of the individual's exposure to radiation or rad:uactive materiel as shown in records maintained by the licensee pursuant to 10 CFR,s 20.401(a) and (c).
(The term " worker" as defined in 10 CFR S 19.3(c) "means an individual engaged in activities licensed by the Commission and controlled by a licensee, but does not include the licensee." Both employees and non-employees may be " workers" within the meaning of this definition.)
In addition to the i 20.40S report to which a worker is entitled, a worker formerly engaged in licensed activitics contrelled by the licensee is also authorized by 10 CFR 55 20.409(a) and 19.13(c) to obtain from the licensee, upon request and for the period of time requerted, a report of the worker's exposure to radiation or radioactive material. This report must cover, for the period of time specified in the request, each calendar quarter in which the worker's activities involved exposure to radiation from radioactive materials licensed by the Commission and must include the dates and locations of the licent ed activities in which the worker participated.
Sincerely, Distribution:
DELD Files Jllapes Kialsch Howard K. Shapar HKShapar Executive Legal Director JLKelley, 0GC '
KPedersen, OPE EVolgenau ECase.
Rliinogue.
LVGossick EDO #02272 SECY (3) #77-1168 TEngelhardt WCool Y
.,,,,, p f6ddI OELD_,.,.1 EDO SD 18E GPe5[Elaisc,h h
JIKShJP LVCossici.
6N/
M8 8/11/77:,1A 8/ /77 dr>45/ri/77 8/. - - - -/77 '.
aff/77ptogiy,a
/// /77 u<<
3. m n..i:.... u..u u w s......,,,,....,,,........
d e
.___.,,___-.._....w.m._.
_..... - -, -.,.... _