ML20236E050

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Advises That Special Review Panel,Matls Safety Regulation Review Study Group,Appointed to Review Safety Licensing of Activities within Licensing & Insp Purview of NMSS & IE, Respectively.Group Composed of Listed Members
ML20236E050
Person / Time
Issue date: 05/16/1986
From: Stello V
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Jennifer Davis, Minogue R, Taylor J
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE), NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
Shared Package
ML20236E009 List:
References
FOIA-87-400 NUDOCS 8707310206
Download: ML20236E050 (5)


Text

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MEMORANDUM FOR: John G. Davis Director Office of Nuclear Material Safety and Safeguards James M. Taylor, Director Office of Inspection and Enforcement Robert B. Minogue, Director Office of Nuclear Regulatory Research i

Harold R. Denton, Director Office of Nuclear Reactor Regulation Guy H. Cunningham, Director Office of the Executive Legal Director Clemens J. Heltemes, Jr., Director Office for Analysis and Evaluation of Operational Data Thomas E. Murley, Regional Administrator, Region I J. Nelson Grace, Regional Administrator, Region II James G. Keppler, Regional Administrator, Region III j

Robert D. Martin, Regional Administrator, Region IV John B. Martin, Regional Administrator, Region V FROM:

Victor Stello, Jr.

Executive Director for Operations

SUBJECT:

MATERIALS SAFETY REGULATION REVIEW STUDY GROUP A special review panel, the Materials Safety Regulation Review Studybroup, has been appointed to review the safety licensing of those activities'within the licensing purview of the Office of Nuclear Material Safety and Safeguards, Division of Fuel Cycle and Material Safety, and the inspection of those licensed activities as performed under the programmatic direction of the Office of Inspection and Enforcement. The activities currently delegated to the Regional Offices for these type licensees will also be examined. The findings and recommendations of the Group will be provided in a report to the Executive Director For Operations.

The study group is composed of the following members:

Dr. Clifford V. Smith (Nuclear Engineer)

Mr. Edson G. Case (Nuclear Engineer)

Mr. Thorns F. Engelhardt (Attorney))

n Mr. Ralph G. Page (Health Physicist U

Dr. John M. Googin (Chemical Engineer)

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Multiple Addressees 2

1 Dr. Donald A. Cool has been appointed to act as liaison between the Study Group and the NRC staff to provide administrative assistance. Dr. Cool has recently been selected to participate in the Office of Personnel Management's Executive Potential Program for Mid-Level Employees. This special assignment is part of this executive training program.

The first meeting of the Study Group will be held in the near future to establish the agenda and working procedures. We anticipate that they may be calling upon the various program offices for information and interviews as a part of their effort proceeds. Your cooperation in making information and staff available to the Study Group is requested.

A copy of the letter sent to the members of the Study Group is enclosed for your information.

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Victor Stello, Jr.

Executive Director i

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Enclosure:

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April 18,1986

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1 TASK DESCRIPTION j

MATERIALS SAFETY REGULATION i

REVIEW STUDY

Background

The materials safety regulatory program within AEC/NRC has grown since 1946 when radioisotopes were first used under AEC permit, outside of government installations, for " peaceful" purpnses.

The program has grown from limited uses by a few licensees to a multitude of uses by thousands of licensees. The I

safety licensing and inspection program has not recently been independently reviewed to assess its appropriateness to protect workers, public health and safety, and the environment and, at the same time, allow the use of radioactive i

and nuclear material.

l Organizational Approach A study group of three to five persons who have backgrounds and interests suitable for reviewing the safety licensing and inspection for the activities l

within the licensing purview of the Office of Nuclear Material Safety and 1

Safeguards, Division of Fuel Cycle and Material Safety, will be assembled. The study group will be reimbursed, making use of NRC contractual arrangements as appropriate. The study group will have one of its members designated as Chairperson, who, in conjunction with the Executive Director for Operations (E00), will formulate a general charter for the study. The study group will arrange for its own administrative and secretarial support.

l Schedule i

l The study group should complete its review on a schedule that will permit it to l

submit a report to the ED0 no later than September 30, 1986.

It is estimated that the level of effort expended by the study group will be approximately 30 days l

for each panel member and additional secretarial and travel expenses, j

Suggested Study Group Membership Study Group Chairperson, Dr. Clifford V. Smith, Oregon State University, (NuclearEngineer) l Edson G. Case, Retired, (Nuclear Engineer)

Thomas Engelhart, Retired, (Attorney) j Ralph G. Page, Retired, (Health Physicist) i Dr. John M. Googin, Martin Marietta, Oak Ridge, (Chemical Engineer) l l

Task Description The Materials Safety Regulation Review Study Group (MSRRSG) is to accomplish a review of the safety licensing of those activities within the licensing purview of the Office of Nuclear Material Safety and Safeguards, Division of Fuel Cycle j

and Material Safety, and of the inspection of those licensed activities as perfonned under the programmatic direction of the Office of Inspection and Enforcement. The activities currently delegated to the regional offices of u-------

1

2 these type licensees also are to be reviewed. The area of NRC transportation regulation, which was examined by the ACRS in 1981, will not be included in the MSRRSG review.

The review should cover:

o Appropriateness of-the administrative practices and regulations in fulfilling the statutes governing this program, o

Appropriateness of the licensing safety review process. Particular attention should be given to:

Coverage given "non-nuclear" processes, systems and components within the licensed activity.

Requirements and attention directed to licensee management of-his licensed operation.

" Performance" regulation or " prescriptive" regulation.

Administrative or procedural control of safety or engineered design control of safety.

Technical adequacy of staff, both NRC and licensee.

The extent to which other federal and state agencies have regulatory responsibilities for materials licensees and how they interrelate with NRC responsibilities.

o Appropriateness of the inspection process.

Focus on items and activities that are most important to safety including "non-nuclear" systems.

Independent determination of licensee activities.

Qualification of inspectors.

Level of onsite inspection effort-for materials licensees.

Categorization and frecuency of inspections.

" Routine" inspection approach or " reactive" inspection approach.

Corrective actions and enforcement.

Given the above items as a starting point, the MSRRSG should consider itself unrestricted in its' review and should explore any area that is deemed to be germane to the issues under consideration.

NRC management is interested in the MSRRSG conclusions on the adequacy of the current program to fulfill its legal requirements and protect workers, public health and safety, and the environment.

In arriving at these con-clusions the MSRRSG should also consider the impact'of resources which are.

available to administer the licensing and inspection program.

NRC management's prime interest in this' review is the MSRRSG's insight and -

reconnendations for changes or modifications which may improve the. efficiency and effectiveness of this program in worker, public' health and safety, and environmental protection.

In making its recommendations, the MSRRSG should consider required resources as well as the relative safety risks associated with these activities in relation to other NRC regulatory responsibilities.

The MSRRSG may identify additional regulatory or statutory authorities that may be needed to achieve the reconnended changes or modifications.

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LIST OF STUDY GROUP MEMBERS Dr. Clifford V. Smith, Jr.

Radiation Center Oregon State University Corvallis, OR 97331 (503)754-2344 j

1 Edson G. Case 4111 Edgevale Court Chevy-Chase, MD 20015 (301) 652-8507 Thomas F. Englebardt l

t 14035 Lakeforest Drive

-Sun City, AZ 85351 (602) 972-5598 Dr. John M. Googin Martin Marietta Energy Systems, Inc.

Building No. 9202, Mail Stop 5 P.O. Box Y Oak Ridge, TN 37831 (615) 574-1741 (FTS) 624-1741 Ralph G. Page 9 Waterway Court Rockville, MD 20853 1

(301) 460-9274 9