ML20217A081
| ML20217A081 | |
| Person / Time | |
|---|---|
| Issue date: | 02/18/1998 |
| From: | Diaz N NRC COMMISSION (OCM) |
| To: | Hoyle J NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20217A044 | List: |
| References | |
| SECY-96-221-C, SECY-97-273-C, NUDOCS 9804220151 | |
| Download: ML20217A081 (3) | |
Text
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NOT ATION VOTE q
t l
l RESPONSE SHEET TO:
John C. Hoyle, Secretary l
FROM:
COMMISSIONER DIAZ l
SUBJECT:
SECY-97-273 - STAFF REQUIREMENTS - SECY-96-221 --
"lMPROVING NRC'S CONTROL OVER, AND LICENSEES' ACCOUNTABILITY FOR, GENERALLY AND SPECIFICALLY l
LICENSED DEVICES" x
Abstain Approved Disapproved Not Participating Request Discussion l
COMMENTS:
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See attached comments.
l SIGNATURN
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Release Vote /
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DATE l
Withhold Vote /
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Entered on "AS" Yes No l
3884*!8Ani%!882
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CORRESPONDENCE PDR
l COMMISSIONER DIAZ'S COMMENTS ON SECY 97-273: STAFF REQUIREMENTS - SECY 221 "lMPROVING NRC'S CONTROL OVER, AND LICENSEES' ACCOUNTABILITY FOR, GENERALLY AND SPECIFICALLY LICENSED DEVICES" I disapprove the staff's proposal outlined in SECY-97-273. The agency's actions in this area must be cotnmensurate with the potential hazard posed to the public by insufficient control over generally licensed devices and orphaned sources.
The staff's paper and recent briefing to the Commission clearly highlighted the significance of the issues of prevention (in terms of establishing adequate controls) and mitigation (proper disposition of orphaned devices). For example, instances occur every year in which people receive radiation doses from improperly controlled specifically licensed devices. Such occurrences question the effectiveness of the preventive measures for generally licensed devices, which are not as well controlled and labeled as specifically licensed devices.
There is a role for applying risk informed methods in regulating localized sources, such as specifically licensed devices. However, distabuted sources (e.g., generally licensed devices) are a completely different issue, and it is not appropriate for NRC to be driven by risk data to take insufficient action on this matter. Indeed, the concept of risk informed regulation allows decisionmakers to choose courses of action other than those indicated strictly by risk numbers, and the potential hazard to the public in this matter demands a more aggressive program than that indicated by the available risk data.
The staff should present to the Commission a plan to develop and quickly implement an effective program to improve NRC's control over, and licensees' accountability for, generally and specifically licensed devices. I agree with Commissioner Dicus that staff should finalize the rulemaking on 10 CFR Part 31.5 that was initiated in 1991. In doing so, staff should strive to implement a program along the lines of the working group recommendations in terms of the scope of devices to be covered.
As I stated in my vote on SECY-96-221, the program should be consistent with the following goals:
o Protecting workers and the public from the risks associated with the intended use of each device.
o Protecting workers and the public from the risks associated with the misuse or loss of control of each device.
o Protecting the environment from foss of control of each device.
The plan should include the following elements:
o A plan for identifying, and where necessary, asserting regulatory control over existing devices consistent with the above goals. The plan should focus its efforts on the highest risk devices first. The staff should consider the need for initiating this effort in advance of the completion of rulemaking.
o The plan should include a mechanism for identification, control, storage, and proper disposal of orphan sources, including a funding plan for such contingencies.
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2 In developing its proposal, the staff should sharpen its estimates of the resources that would be required to implement the program for approximately 6,000 licensees, as described in attachment 2 of the February 5,1998 memorandum to the Commission in response to the SRM for the Commission meeting of January 23,1998, on this subject. The resource issues can be subsequently addressed in consultation with the Commission.
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This plan should address enforcement options and recommend an equitable and cost-effective j
l method for recovering fees for this activity. In addition, staff should aggressively pursue finalizing l
the MOU with DOE and resolving Agreement State compatibility issues under the new Commission l
Policy on Adequacy and Compatibility.
The staff should develop a refined estimate of the size of a potentialinitial surge of requests to retum or dispose of sources and devices which may need special attention by the NRC and Agreement States as a result of implementing a registration program.
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