ML20249B411
| ML20249B411 | |
| Person / Time | |
|---|---|
| Issue date: | 06/09/1998 |
| From: | Thompson H NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Galante A, Martin T, Morris B NRC, NRC OFFICE FOR ANALYSIS & EVALUATION OF OPERATIONAL DATA (AEOD), NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| References | |
| NUDOCS 9806230058 | |
| Download: ML20249B411 (12) | |
Text
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WASHINGTON, D.C. 20555-0001 t
o June 9, 1998 MEMORANDUM TO:
Those on the Attached List FROM:
Hugh L. Thompson, Jr.,
Deputy Executive Direct for Regulatory Programs
SUBJECT:
REQUEST FOR STAFF TO IMPLEMENT GENERAL LICENSEE REGISTRATION PROGRAM in a Staff Requirements Memorandum dated April 13,1998, the Commission directed the staff to establish a registration program for users of certain devices used under a general license.
Currently, this is an under budgeted activity and additional staff are needed to initia:e and maintain the registration program.
Because specific knowledge is necessary to initiate and maintain this registration program, three individuals need to be identified and detailed to the Division of Industrial and Medical Nuclear Safety (IMNS), NMSS, to work in the following three areas, starting as soon as possible, and possibly on a continuing basis:
1.
Rulemaking and Guidance Development - This individual will be a member of a team that will be tasked with rulemaking to establish a complete registration program for generallicensees. The team will also be tasked with development of associated guidance for rule implementation. The individual must have a good understanding of materials inspection and/or licensing for gauging equipment in industrial applications and knowledge of the rulemaking process. Specific knowledge of the current general l
license program and experience in working with Agreement States is desirable. (All but j
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Program Development and Implementation - This individual will be tasked with contract and program development, and with management for the registration program. The individual will interact with the regions, States, and other Federal agencies on the j
registration program and on the issue of orphan sources. The individual should have a l
good understanding of basic health physic practices and know! edge of materials
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inspection and licensing requirements for gauging equipment in industrial applications.
i Specific knowledge of the current generallicense program and experience in working
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with Agreement States is desirable. (All but CIO) h CONTACT:
John W. Lubinski, NMSS/IMNS (301)415-7868 j
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. information Technology Development - This individual will be tasked with the extraction
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of the existing information in the general license database to implement the initial registration program, and, concurrently, to develop the enhanced automated system for-
- use in subsequent years. Development of the enhanced automated system wg.ll be '
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. based on analysis of existing State and other Federal systems, and off-tho-shelf ~
' software. The individual must have a thorough understanding of the Comprehensive Information Systems Support Consolidation Program and its requirements for design,.
- development, testing, implementation, and documentation of the enhanced systern.
-(ClO/NRR/NMSS/AEOD)
In order to determine the impact on current agency action, each addressee is requested to
. identify at least one individual who could fill one of the three positions by June 16,1998 and
' identify the impact on your current program that would occur if that individual were to be assigned to the generallicense registration program. In addition, please contact Mr. Frederick -
Combs,' Acting Director, IMNS/NMSS and apprise him of any available staff as soon as possible and provide hin, with a copy of your response to me.
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Information Technology Development - This individual will be tasked with the extraction -
of the existing information in the general license database to implement the initial-registration program, and, concurrently, to develop the enhanced automated system for use in subsequent years.. Development of the enhanced automated system will be
- based on analysis of existing State.and other Federal systems, and off-the-shelf '
software. The individual must have a thorough understanding of the Comprehensive':
Information Syetems Support Consolidation Program and its requirements for design,-
development, testing, implementation, and documentation of the enhanced system.
'(ClO/NRR/NMSS/AEOD)
In order to determine the impact on current agency action, each addressee is requeeted to identify at least one individual who could fill one of the three positions by. June 16,1G8 and
,.f identify the impact on your current program that would occur if that individual were to be T Q assigned to the general license registration program. In addition, please contact Mr. Frederick Combs, Acting Director, IMNS/NMSS and apprise him of any available staff as soon as possible and provide him with a copy of your response to me.
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' Attached List Memorandum dated:
June 9. 1998' l;
SUBJECT:
REQUEST FOR STAFF TO IMPLEMENT GENERAL LICENSEE REGISTRATION PROGRAM Anthony J. Galante, Chief Information Officer Thomas T. Martin, Director Office for Analysis and Evaluation of Operational Data BillMorris, ActingDirector Office of Nuclear Regulatory Research Samuel J. Collins, Director
' Office of Nuclear Reactor Regulation Malcolm R. Knapp, Acting Director Office of Nuclear Material Safety and Safeguards Richard L Bangart, Director Office of State Programs Hubert J. Miller, Regional Administrator Region i Luis A. Reyes, Regional Administrator Region 11 l
CariJ. Paperiello, Acting Regional Administrator Region lil Ellis W. Merschof' Regional Administrator Region IV lL
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Information Technology Development - This individual will be tasked with the extraction of the existing information in the general license database to implement the initial I
registration program, and, concurrently, to develop the enhanced automated system for use in subsequent years. Development of the enhanced automated system will be based on analysis of existing State and other Federal systems, and off-the-shelf software. The individual must have a thorough understanding of the Comprehensive Information Systems Support Consolidation Program and its requirements for design, development, testing, implementation, and documentation of the enhar,ced system.
(ClO/NRR/NMSS/AEOD)
In order to determine the impact on current agency action, each addressee is requested to identify at least one individual who could fill one of the three positions by June 16,1998 and identify the impact on your current program that would occur if that individual were to be assigned to the generallicense registration program. In addition, please contact Mr. Frederick Combs, Acting Director, IMNS/NMSS and apprise him of any available staff as soon as possible and provide him with a copy of your response to me.
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v 3.
Information Technology Development - This individual wit) be tasked with the extraction.
of the existing information in the general license database to ' ' plement the initial registration program, and, concurrently, to develop the en need automated system for use in subsequent years. Development of the enhance automated system will be based on analysis of existing State and other Federal ystems, and off-the-shelf software. The individual must have a thorough und standing of the Comprehensive information Systems Support Consolidation Progr and its requirements for design, development, testing, implementation, and docu entation of the enhanced system.
. (ClO/NRR/NMSS/AEOD)
In order to determine the impact on current agency ction, each addressee is requested t'o identify at least one individual who could fill onu the three positions by June 11,1998. In addition, please contact Mr. Frederick Combs, ing Director, IMNS/NMSS and apprise him of any available staff as soon as possible.
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Information Technology Development - This individual will be tasked with the extraction of the existing information in the general license database to irnplement the initial l
registration program, and, concurrently, to develep the enhan'ced automated system for I
use in subsequent years. Development of the enhancedgutomated system will be based on analysis of existing State and other Federal stems, and of off-the-shelf I
software. The individual must have a thorough unde tanding of the Comprehensive Information Systems Support Consolidation Progr and its requirements for design, development, testing, implementation, and docu entation of the enhanced system.
(CIO/NRR/NMSS/AEOD) i in order to determine the impact on current agency ction, each addressee is requested to identify at least one individual who could fill one the three positions by June 11,1998. In j
addition, please contact Mr. Frederick Combs, cling Director, IMNS/NMSS and appraise him of j
any available staff as soon as possible.
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z information Technolo'gy Development - This individual will be tasked with the extraction of the existing information in the general license database to implement the initial -
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' ted system for use in subsequent years.1 Development of the enhanced automat stem will be -
based on analysis of existing State and other Federal systems, an of off-the-shelf:
software. The individual must have a thorough understanding of,tb Comprehensive Information Systems Support Consolidation Program and its uirements for design, development, testing, implementation, and documentation of enhanced system.
(ClO/NRR/NMSS/AEOD) in crder to determine the impact on current agency action, e addressee is requested to identify at least one individual who could fill one of the three sitions by June -
1998. In addition, please contact Mr. Frederick Combs, Acting Dire r, IMNS/NMSS and appraise him of any available staff as soon as possible.
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L maintenance,' and a thorough understanding of CISSCO vehicle, for requirements, 1
design, development, testing, implementing, a documenting the development of the '
- g enhanced system. The individual must be a e to interact closely with both NMSS and r
- Office of the Chief Information Officer (OCl staff and management, to implement the OClO's development protocols for IT syst
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/ I In order to determine the impact on current ag cy action, each addressee is requested toi identify at least one individual'who could fill o e of the three positions by June 1998. In
' addition, pleasehntact Dr. Donald A. Cool, NS/VMSS and appraise him' of any available staff as soon as possible.
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A. Galante et. al l 3.
Information Technology Development - This individual will be tasked with the extraction of the existing information in the general license database, to allow for initial implementation of the registration program, and, concurrently, with development of an enhanced program for use in subsequent years. Development of the enhanced system will be based on analysis of existing State systems, other Federal systems, and,off-the-shelf software, to upgrade and automate the process. The individual must hay 6 a thorough understanding of current off-the-shelf programs for system develo ent and maintenance, and a thorough understanding of the CISSCO vehicle, for re uirements, design, development, testing, implementing, and documenting the devel ment of the enhanced system. The individual must be able to interact closely with oth NMSS and Office of the Chief Information Officer (OClO) staff and management o implement the-OClO's development protocols for IT systems.
Please let Dr. Donald A. Cool, IMNS/NMSS, know of any available staff as soon as possible.
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DISTRIBUTION: No ticket
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DIVISION OF INDUSTRIAL AND MEDICAL NUCLEAR SAFETY ROUTING AND TRANSMITTAL SLIP April 23,1998 NAME INITIALS DATE n
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EKRAUS CPAPERIELLO HLTHOMPSON ACTION:
PREPARE REPLY:
APPROVAL:
PER CONVERSATION SEE ME : ___
COORDINATION:
................................................................................e.....****************T TICKET NO :
DUE TO DIVISION:
DUE TO NMSS:
DUE TO EDO:
MEMORANDUM TO: Anthony J. Galante et.al FROM:
Hugh L. Thompson, Jr., DEDR
SUBJECT:
REQUEST FOR STAFF TO IMPLEMENT GENERAL LICENSEE REGISTRATION PROGRAM ORIGINATOR: J. Lubinski 415-7868 l
SECRETARY: Traci 415-7231 i
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Action:
Paperiello, NMSS/
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- "%4 UNITED STATE 3 8a 7
NUCLEAR REGULATORY COMMISSION es g
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WA3HINGToN, D.C. 20555-0001 e
Cys:
Callan h,
8 April 13, 1998 Thadani j
Thompson OFFICE OF THE r
n, AE0D Knapp, RES Lubinski, NMSS MEMORANDUM TO:
L. Joseph Callan Meyer, ADM Executive Director for Operations Shelton, IRM Jesse L. Funches Chief Financial Officer William M. Beecher, Director Office of Public Affairs
(' J.8 6 c:Wh FROM:
'%nnette L. Vietti-Coo, Acting Secretary
SUBJECT:
STAFF REQUIREMErJTS - SECY-97-273 - STAFF REQUIREMENTS - SECY-96-221
- lMPROVING NRC'S CONTROL OVER, AND LICENSEES' ACCOUNTABILITY FOR, GENERALLY AND SPECIFICALLY LICENSED DEVICES" The Commission had disapproved the staffs recommendation and directs the staff take the following actions:
- 8900090 and 9000192 (NMSS) 1.
Terminate the rulemaking on 10 CFR Part 31.5*that was initiated in 1991 except those provisions that will enable NRC to request information from certain general licensees to provide the regulatory basis for initiation of a registration program in advance of the rulemaking described below. Those portions of the 1991 proposed rule should be renoticed for public comment.
po) (NMSS)
(SEOY Suspense:
8 & 1198) 9800070 8/14/98 2.
Provide a set of milestones to the Commission for information for implementing the rulemaking described below. The milestones should be in lieu of the standard rulemaking plan required by Management Directive 6.3, but should meet the requirement for coordination with Agreement States.
(50 0) (NMSS)
(SECY Suspense:
8G4/98) 9800071 8/14/98 SECY NOTE: SECY-97-273 WAS RELEASED TO THE PUBLIC ON DECEMBER 2,1997.
THIS SRM AND THE COMMISSION 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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. 3.
Draft a proposed rule to implement a registration and follow up program for the
. generally licensed sources / devices identified by the NRC Agreement State Working Group, apply fees to these generallicensees, and incorporate requirements for permanent labeling of sources / devices. The proposed rule should include the staff's preferred approach -- Attachment item 11, Option 3 - to apply a registration fee, per licensee, at the time of initial registration and annual re-registration of sources / devices.
.The staff should explore the possibilities, advantages, and disadvantages of other fee approaches such as pro-rating the faes, e.g., per device (fixed or sliding scale) or per license and provide recommendations to the Commission. Determine the extent to which application of the small business rule will affect the fees.
(EDO/CFO)
(SECY Suspense:
42/31/08) 9800071 NMSS 12/24/98 4.
Use the results of the materials risk assessment study to restructure the current licensing and materials programs. Consider the findings when determining whether additional sources / devices should be subject to registration and follow up, and for performing the risk ranking necessary if a phase-in approach is used to reduce the initial resource surge associated with an increased regulatory program. Review the basis of the genwallicenses for adequacy with respact to consideration of the consequences of off-site accidents, such as loss of shielding or melting in metal making furnaces. The staff should provide the technical basis document for the risk assessment together with recommendations on how to proceed.
(SECY Suspense:
42/31/08) 9800071 12/24/98 5.
Include provisions in the registration program for follow up of cases where there are no responses or where discrepancies are found between responses and NRC records.
Explore with vendors their willingness to voluntarily assist the NRC (and Agreement States) in the follow up effort. Develop follow up procedures which integrate the following fundamental concepts:
a.
the extent of follow up should consider the risk to public health and safety that the source or device in question poses as well as the likelihood of finding the device; b.
considering the associated lovel of risk, there should be a point at which the follow up of certain low risk sources and devices is terminated; c.
all information about lost sources should be made public in a timely manner.
(SECY Suspense:
concurrent with effective date 9800071 for final rule) 6.
Implement an enforcement program that includes a short amnesty program for general j
licensees and increased civil penalties for teth general and specific licensees for " lost" i
sources. The increased civil penalties should be significantly greater than the costs of proper disposal or transfer of a source or device. Work with Agreement States in l
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. implementing enforcement programs such that their policies, practices, and procedures have the same impact as NRC's enforcement program.
(EDO) (NMSS/0E/SP)
(SECY Suspense:
concurrent with effective date 9800071 for final rule)
(
7.
Provide an estimate of the resources needed to fully support this program. Preparation of this estimate should include:
Estimating resource needs for the various phases of the registration program o
including, in particular, the substantial" spike" of resources needed to carry out the fo!!ow up program.
Reviewing registration programs for generallicensees that have been o
implemented by Agreement States for applicability of concepts, and exploring the possibility of utilizing other Federal agency registration programs and off-the-shelf commercial programs to inimize development and operating costs, m
Exploring the possibility of contracting with the States to carry out this part of the o
program under authority of Section 274l of the Atomic Energy Act, as amended.
identifying, through the Executive Council, resources to support the expanded o
program, and inform the Commission if other program areas need to be reduced.
The Executive Council should consider program areas outside of NMSS. The Executive Council should also evaluate and inform the Commission of the impact of this change on the Strategic Plan, Strategic Goals, and specific programs.
(EGO) (NMSS/CFO)
(SECY Suspense:
120t/98) 9800071 12/24/98 8.
Continue efforts to further address the orphan sources. A guiding principle is that non-licensees who find themselves to be in possession of radioactive sources that they did not seek to possess should not be expected or asked to assume responsibility and cost for exercising control or arranging for their disposal. These efforts should include:
1 i
Consulting with DOE, EPA, FEMA and the States to define jurisdictions and o
regulatory responsibilities for addressing the orphan source problem, and continued close coordination with the Conference of Radiation Control Program Directors to ensure that a similar regulatory framework is applied to
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source / devices containing Atomic Energy Act (AEA) material and sources / devices containing naturally-occurring or accelerator-produced radioactive material.
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The staff should aggressively pursue finalizing the MOU with DOE.
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....___._______________.____________.____________b
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- . o Consider the pros and cons of establishing a contract program that would enable licensees or DOE to take possession of and arrange for proper transfer or disposal of orphan sources and provide an estimate of the costs of such a program.
(SECY Suspense:
12/3U98) 9800071 12/24/98 o
if NRC funding is necessary for an orphan source recovery program, the staff should provide recommendations for funding the program including, as directed by the Commission in its December 1996 SRM, " exploring with Congress the possibility of removing specific program costs from the NRC's user fee base (e.g., orphan source recovery fund)."
(CFO)
(SECY Suspense:
12/31/98)
The Office of Public Affairs should issue a press release concerning the Commission's decision.
(OPA)
(SECY Suspense:
4/15/98)
Chairman Jackson Commissioner Dicus Commissioner Diaz Commissioner McGaffigan OGC CIO CFO-OCA OlG Office Directors, Regions, ACRS, ACNW, ASLBP (via E-Mail)
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