ML23153A039

PR-030, 040, 070, 071, 073 - 49FR12335 - NRC Response to Accidents Occuring During the Transportation of Radioactive Material: General Statement of Policy

ML23153A039
Person / Time
Issue date:	03/29/1984
From:	Chilk S NRC/SECY
To:
References
49FR12335, PR-030, PR-040, PR-070, PR-071, PR-073
Download: ML23153A039 (1)

Text

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REFERENCE:

KEYWORD: ADAMS Template: SECY-067 03/29/1984 PR-030,040,070,071,073 - 49FR12335 - NRC RESPONSE TO ACCIDENTS OCCURING DURING THE TRANSPORTATION OF RADIOACTIVE MATERIAL: GENERAL STATEMMENT OF POLICY PR-030,040,070,071,073 49FR12335 RULEMAKING COMMENTS Document Sensitivity: Non-sensitive - SUNSI Review Complete

Carolina Power & Light Company Mr. Samuel J. Chilk Secretary of the Commission JUL 2* 7 1984

u. s. Nuclear Regulatory Commission Washington, DC 20555 ATTENTION:

Docketing & Service Branch RE: NRC GENERAL STATEMENT OF POLICY (49 FR 12335)

Dear Mr. Chilk:

SERIAL: NLS-84-341 DOCKET~~ USNRC Carolina Power & Light Company has reviewed the "NRC Response to Accidents Occuring During the Transportation of Radioactive Material, General Statement of Policy" and agrees with the statement's general intent. The concept of coordination of responsibilities at the scene of an accident would promote an efficient and prompt response. Carolina Power & Light Company appreciates the opportunity to comment on this policy statement. Yours very truly,

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ager Nuclear Licensing Section DJK/ccc (403SNP) Acknowledged by card. * @j.1...,*~ /i 411 Fayetteville Street

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!JUCKET i*Wt\18£1{ PR -~A 4/J 1tJ 1 I 13 PROPOSED (~ F;:1//,8:?d-) 1 (j) L EBOEUF, LAM B, LEI B Y B. MACRA E A PARTNERSHIP INCLUDING PROF'ESSIONAL CORPORATIONS 1333 NEW HAMPSHIRE AVENUE, N. W. 520 MADISON AVENUE NEW YORK, NY 10022 WASHINGTON, DC 20036 168 MILK STREl!:T BOSTON, MA 02109 1000 KEARNS BUILDING 136 SOUTH MAIN SALT LAKE CITY, UT 84101 411 PEQUOT AVENUE SOUTHPORT,CT 06490 ONE EMBARCADERO CENTER SAN FRANCISCO, CA 94111 (202) 457-7500 TELEX: 440274 TELECOPIER: 202-457-7543 LEBOEUF. LAMB. LEIBY & MAc:RAE(UKl 47 BERKELEY SQUARE LONDON WIX 5DB, ENGLAND July 27, 1984 Mr. Samuel J. Chilk Secretary United States Nuclear Regulatory Commission Washington, D. C. 20555 Attn: Docketing and Service Branch Re: General Statement of Policy on NRC Response to Accidents Occurring During Jlts ~ETiltMiLL'lfSTREl!:T MALL p;8.1atHI. '7so RALEIGH, NC 27602 ISO STATE STREET -A_LBANY, NY 12207 HOLZAPFEL,PERKINS & KELLY 108 NORTH UNION AVENUE p.o.Box 685 CRANFORD, N.,J. 07016 the Transportation of Radioactive Material

Dear Mr. Chilk:

These comments on the Nuclear Regulatory Commission's ("NRC") general statement of policy on NRC response to accidents occurring during the transportation of radioactive materials are submitted on behalf of the Electric Utility Companies' Nuclear Transportation Group (the "Group"). The

• The current members of the Group are Alabama Power Company, Arizona Public Service Company, Baltimore Gas &

Electric Company, Boston Edison Company, Carolina Power & Light Company, Commonwealth Edison Company, Consolidated Edison Company of New York, Inc., Duke Power Company, Duquesne Light Company, Florida Power & Light Company, Georgia Power Company, Houston Lighting & Power Company, (Footnote Continued)

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I Mr. Samuel J. Chilk July 27, 1984 Page 2 Group currently consists of 35 utilities around the country that are operating or constructing 99 nuclear power reac-tors. It is essential that members of the Group be able safely, prudently, and economical ly to transport the fuel cycle materials that are crucial to the operation of nuclear power plants. With this goal in mind, the Group has submitted comments to the Department of Transportation ("DOT"), Department of Energy ("DOE"), NRC and Federal Emergency Management Agency ("FEMA") on the transportation aspects of their proposed regulations and policies. Most recently, the Group submitted comments to FEMA on its draft Federal Radiological Emergency Response Plan ("FRERP") and to the DOE on its April 1984 draft Mission Plan for the (Footnote Continued) Illinois Power Company, Indiana & Michigan Electric Company, Kansas City Power and Light Company, Kansas Gas and Electric Company, Middle South Services, Inc., Nebraska Public Power District, New York Power Authority, Niagara Mohawk Power Corporation, Northeast Utilities, Northern States Power Company, Pacific Gas & Electric Company, Pennsylvania Power & Light Company, Philadelphia Electric Company, Public Service Company of Colorado, Public Service Electric & Gas Company, Rochester Gas and Electric Corporation, Southern California Edison Company, Texas Utilities Generating Company, Union Electric Company, Virginia Electric Corporation, Wisconsin Electric Power Company, Wisconsin Public Service Corporation and Yankee Atomic Electric Company. The Edison Electric Institute supports the Group financially and participates in its activities.

Mr. Samuel J. Chilk July 27, 1984 Page 3 Civilian Radioactive Waste Management Program issued pur-suant to its responsibilities under the Nuclear Waste Policy Act of 1982. The Group commends the NRC for developing and publish-ing a policy statement on NRC response to accidents occur-ring during the transportation of radioactive materials. This statement helps to ensure NRC coordination with affect-ed state agencies, the DOE, and other agencies designated by FEMA. The Group also endorses the NRC's policy of maintain-ing awareness of the situation and ensuring adequate response is provided to requests for technical advice and assistance until normal conditions are restored at the scene of the accident. In the background statement, NRC reports on DOE's involvement in transportation accidents. This statement implies that DOE is not prepared to become involved in "cleanup activities" even for those shipments for which DOE is responsible, including those made pursuant to the Nuclear Waste Policy Act of 1982. The Group does not believe that this is an accurate interpretation of either the NRC's background statement or DOE's policy, at least with respect to shipments for which DOE is responsible. Because NRC's Policy Statement includes DOE shipments, the Group recommends that NRC seek clarif ication of this point from DOE and modify the background statement so as to avoid

Mr. Samuel J. Chilk July 27, 1984 Page 4 misunder standing on this point, preferably by eliminating the sole reference to "cleanup activities" that appears in the background statement. In this connection, in its comments to DOE on the draft Mission Plan, the Group made the following observations concerning the DOE's emergency response activities: As DOE recognizes, States and localities are concerned about the adequacy of their emergency response capabilities in the event of an accident involving transportation of spent nuclear fuel pursuant to the NWPA. While the risk flowing from such an event is very low notwithstanding the greatly increased number of spent fuel assemblies to be shipped, this remains one of the principal issues DOE will need to address. Moreover, concerns over the financial impact on states and localities of spent fuel shipment are often cited as the justification for the fees proposed to be assessed on such shipments. Since these fees are sometimes $1000 or more per shipment, it is obvious that DOE should give high priority attention to this matter. One way for DOE to provide assurance to states and localities that they will not be exposed to finan-cial or other hardship due to spent fuel shipments under the NWPA would be for DOE to articulate more clearly that, if requested by responsible governmental entities, DOE intends to assist states and localities in responding to accidents involving other shipments for which DOE is responsible. This assistance should include radiological monitoring, advice on response to the accident, decontamination and removal of equipment. In this connection we refer to DOE Order 5530.1 and to the testimony filed by DOE on February 17, 1983 in ICC Docket Nos. 38376S and 38302S, dealing with railroacr-rates for hauling loaded and empty spent fuel casks, describing the DOE's emergency response capability. Not only would this action help reassure States and localities that their interests would be protected but it would help remove the justification of (i) fees on spent fuel shipments and (ii) unnecessary emergency planning requirements.

Mr. Samuel J. Chilk July 27, 1984 Page 5 Thank you for allowing us the opportunity to submit these comments. Respectfully submitted, LeBOEUF, LAMB, LEIBY & MacRAE 1333 New Hampshire Ave., N.W. Suite 1100 Washington, D. c. 20036 (202) 457-7500 Attorneys for the Electric Utility Companies' Nuclear Transportation Group

Robert Bernstein, M.D., F.A.C.P. Commissioner July 24, 1984 Te>Q1$-0epartment of Health i.J.J111 ~ 1100 West 49th Street JJl 27 '"A~Un, Texas 78756-3189 Ml ] ;JJ(512) 458-7111 Radiation Control (512) 835-7000 Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, DC 20555

Dear Sir:

Robert A. Maclean, M.D. Deputy Commissioner Professional Services Hermas L. Miller Deputy Commissioner Management and Administration Thank you for the opportunity to review and comment on the Nuclear Regulatory Commission's (NRC) "General Statement of Policy regarding response to accidents involving transportation of radioactive material. Staff of the Bureau of Radiation Control have reviewed the document and offer the following comments for consideration:

1)

The policy statement does not address the fact that all shipments of exported radioactive material are under NRC licensure. Although the states would have primary responsibility for interstate shipments, the NRC should be both lead agency and investigating authority for material being exported.

2)

On page 7, the document states that the NRC will "insure that the shipper provides complete and accurate information concerning the radioactive material and details of the shipment to emergency response personnel." It is suggested that copies of the information also be made available to the appropriate state agencies involved.

3)

The type of on-scene assistance which the NRC is willing to provide is not entirely clear in the policy statement. It appears that the activities by the NRC at the scene are limited to information col lection and making recommendations to emergency response personnel. In some instances it would be beneficial if the NRC could provide greater assistance to those states with limited emergency response capability. If you have any questions concerning these comments, please contact us. David K. Lacker, Chief Bureau of Radiation Control cc: Jerome Saltzman, Assistant Director State and Licensee Relations Office of State Programs

S. NUCLEAR ~*c". ' '~r*r t:OMMI SSIO DOCKET!~ 'G & <":""C '".'.'.CTION ,tmnr'* ~ <::ci,.i 0 ~ ***1c i 11 L' '--/ /2.,;/ ~</- 2-.

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) LUCAS STATE OFFICE BUILDING DES MOINES, IOWA !50319-0075 July 19, 1984 Secretary of the Commission United States Regulatory Commission Washington, D.C. 20555 Attention: Docketing and Services Branch

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~f 00 JUL 23 P2 :37 11NG & Sf. BRANC~ HON. TERRY E. BRANSTAD GOVERNOR NORMAN L. PAWLEWSKI COMMISSIONER OF PUl9LIC HEALTH Reference is made to a letter dated May 8, 1984, from Jerome Saltzman, Assistant Director, State and Licensee Relations, Office of State Programs, U.S. Nuclear Regulatory Commission (NRC}. The subject letter concerns comments on the NRC' s proposed "General Statement of Policy" regarding the agency's role in responding to accidents and incidents involving transportation of nuclear materials. The pol icy statement has been reviewed by representatives to the Iowa Interagency Coordinating Council on Radiation Safety and found to be acceptable. The information in the "Statement" depicts the primary role of the NRC as that of serving as a resource for the state agencies who have the responsibility for assuming control at the accident scene in order to protect the public hea 1th and safety. Under the NRC/Department of Transportation Memorandum of Understanding the NRC has lead agency investigational responsibil ity regardi ng accidents, incidents or instances of actual or suspected leakage involving packages of radioactive material which it regulates. Never the less, NRC participation will be limited to information collection unless assistance is requested. Thank you for the opportunity to comrrent on this "General Statement of Policy." NRC's participation in responding to accidents or incidents is welcome support. Sincerely, c::J ~t(~ John A. Eure, Director Environmental Health Section 515/281-4928 Chairman Interagency Coordinating Council on Radiation Safety JAE/bf

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( 9 PIL lrJI ~..is) {Y) DO(f £TU U NR A. E. SLAYTON, JR. Acti ng Stale Coordinator COMMONWEALTH of VIRGiij1A State Office of Emergency and Energy Service'lJ4 JUL -9 OI? *.11e~~ Turner Road R1chrhd~,',ii\'f1ma 23225-6491 Secretary of the Commission U.S. Nuclear Regulatory Commission Washington, D.C. 20555 July 6, 1984 Attention: Docketing and Service Branch

Dear Sir:

The NRC policy statement, "NRC Response to Accidents Occurring During the Transportation of Radioactive Material," was circulated to appropriate state agencies for their review and comments. This constitutes a consolidated Commonwealth of Virginia submission.

1.

Reference page 3, paragraph 2. FEMA is responsible for pre-paring the Federal Radiological Emergency Response Plan. The FRERP includes provisions for providing a coordinated Federal response to any civil radiological emergency, including trans-portation accidents. This Plan awaits final publication. It is recommended that the NRC "General Statement of Policy" defining the NRC role in responding to accidents and incidents involving the transportation of nuclear materials not be published until the FRERP is published. Reason: To avoid publication of conflicting documents on the same subject by separate Federal agencies, such as occurred with Federal guidance on the frequency and magnitude of exercises around nuclear power stations.

2.

Reference page 3, paragraph 3. Recommend the second sentence be revised as follows: "Local governments have primary re-sponsibility for protecting the health and safety of their citizens from public hazards. Recognition of state responsi-bilities for radiation hazards.... " Sincerely, ~rv~/ :J~a?~ r

• Henr G. Allard HGA/jgl te Officer A/

Acknowledged by ear a.. 1/.¥'t.,,.,, prL (804) 323-2899

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May 9, 1984 NOTE TO RECEIPIENTS OF PR-30, 40, 70, 71 and 73 (49 FR 12335) \Jo\. \ DOCKETED USNRC "84 HAY -9 A 9 :12 OFFICE OF SEi,;l\t. "i DOCKETING & SER -'1 Please note Corrment No. 2 was incorrectly coded. Please disregard BRANCH as this number will not be used again. Docketing and Service Branch Office of the Secretary of the Commission

State of Alabama DEPARTMENT OF PUBLIC HEALTH State Office Building Montgomery, Alabama 36130 OOC:KETED USNRC IRA L. MYERS, M.D. STATE HEALTH OFFICER April 27, 1984 "84 MAY -2 AlO :22 {j) OFFICE Of SECRt. TA DOCKETING & S[RV' Secretary of the Commission 0oem; ttUMBER p R ~ ~ _ 14 1 /, ')3 U.S. Nuclear Regulatory Commission ATTN: Docketing and Service Branch Washington, D.C. 20555 QY,OSED RULE...:.-__.~.::....o,-* ~ I,. ) . ( 4-t/ PL /~ 3~.v

Dear Sir:

I wish to take this opportunity to address the "Statement of NRC Policy" published in the March 29, 1984 Federal Register as same relates to an accident or incident occurring in connection with the transportation of radioactive materials. Specific consideration is requested towards reconsideration of the "Statement of Policy" in the following areas: I. The Statement of Policy ignores the regulatory responsibilities given to the Commission by the Atomic Energy Act of 1954, as amended.

a.

The fact that the material was involved in an accident or incident does not absolve the Commission of their legal responsibilities.

b.

Immediately following the accident or incident the material will be possessed by someone and transferred to someone. The act of removing the spilled byproduct material from the scene is a "use" of the material. (See NUREG-0179). The Commission is mandated by law to license and regulate this possession, transfer, and use. II. The implication is made in the "Supplementary Information" that the responsibility of states for protecting the health and safety of the citizens from "public hazards" is paramount to and supersedes the Commission's authority and responsibility to regulate the receipt, possession, use, and transfer of the byproduct material causing the "public hazard."

a.

The term "public hazard" is not defined and it's exact meaning in this context is unclear.

b.

There is no legal precedent or justification given as to why State and/or local responsibility supersedes the Atomic Energy Act of 1954 for this situation. Acknowledged by c::ird. $.;f /i::.,,!f _. /kr. "/;J:.

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Secretary of the Conmdssion Page 2 April 27, 1984 III. The Statement of Policy itself does not address the responsibility of the Conmdssion pursuant to NRC's designation as the Cognizant Federal Agency for such material in the Federal Radiological Emergency Response Plan {FRERP). I wish to express my appreciation for the opportunity to comment on this matter. JLM:mpw cc: Dr. Justin T. Long Sincerely, ~~?PE~ fames L. McN:es, CHP Director, Division of Emergency Planning & Environmental Monitoring Bureau of Radiological Health

U.S. Department ot Transportation United States CoastGuard Commandant United States Coast Guard Washington, DC 20593 Staff Symbol: G-MTH-3 Phone: 0OCKH HtlM8U /,") (202) 426-1577 PROP.OSfO RULE PR-~ ~~ 1~ '1113 cJ/ C.Ll. 9 1661fif!r~Etro r T /=12,, l~.l.JS) Aprflv~r~l, 1984 Secretary of the Comission .84 APR 30 A11 :18 United States Nuclear Regulatory Comnission washington, DC 20555 Attn: Docketing and Service Branch

Dear Sir:

We wish to point out the following minor error in your General Statement of Policy regarding "NRC Response to Accidents Occurring During the Transportation of Radioactive Material", dated March 29, 1984. In the second paragraph under "Background", you cite the Dangerous Cargo Act (R.S. 4472, as amended, 46 U.S.C. 170) as an authority for the Department of Transportation to regulate safety in the transportation of hazardous materials. On August 26, 1983, as part of the recodification and restatement of the statutes relating to merchant marine safety (Public Law 98-89), the statute cited was repealed without replacement. The Hazardous Materials Transportation Act (49 U.S.C. 1801-1812) is now the primary source of DOT's authority to regulate the safecy in transportation of hazardous materials, except liquid hazardous materials in bulk, by vessel. The transporta-tion by vessel of liquid hazardous materials in bulk is now regulated by the DOT under 46 U.S.C. 3703 Sincerely, ~iiil.t.4 Comander, U.S. Coast Guard Chief, Cargo and Hazards Branch Marine Technical and Hazardous Materials Division By direction of the Comandant

&J. S. NUCLEAR REGU°LAi6rN cOMr..tl,~1 DOCKtTING & SEiWICE SECTIOf~ OFF ICE OF THE StCRf.T AP.Y OF THE COI-.\MISSION

I (7590~01] NUCLEAR R£GULATORY COMMISSION NRC Response to Accidents Occurring During the Transportation of Radioactive Material *~ Genera 1 Statement of Po 1 i cy . DOCKE'tEO. AGENCY: Nuclear Regulatory COITITiission. ACTION: General Statement of Policy. H\R 2, 3 '\984 l)OCltlfflNG & $'ERV10E BRA~ ~~CY*~!iQ

SUMMARY

The Nuclear Regulatory Conmission (NRC) has defined in a general policy s*tatement its role in responding to accidents and incidents related to the transportation of nuclear materials. The purpose of the policy statement is to state clearly the extent of the NRC's participation and involve-ment in responding to such a transportation accident or incident

• EFFECTIVE DATE:

MAR 2 9 1984 FOR FURTHER INFORMATION CONTACT: Dr. Justin T. Long, Office of Nuclear Material Safety and Safeguards, U. S. Nuclear Regulatory Conrnission, Washington, D. C. 20555, telephone (301) 427-4135. SUPPLEMENTARY INFORMATION:

Background

The Nuclear Regulatory Corrmission (NRC), under the Atomic Energy Act of 1954, as amended (42 U.S.C. Chapter 23) and Section 201 of the Energy Reorganization Act of 1974, as amended (42 U.S.C. 5841), is authorized to license and regulate the receipt, possession, use, and transfer of "byproduct material," "source material," and "special nuclear material" (as defined in 42 U.S.C. 2014). The NRC authority to license air shipment of plutonium is further governed by Pub. L. 94-79. Pertinent NRC regulations are contained in 10 CFR Parts 30, 40, 70, 71, and 73. The U.S. Department of Transportation (DOT), under the Dangerous Cargo Act (R. S. 4472, as amended, 46 U.S.C. 170), Title VI and 902(h) of the Federal Aviation Act of 1958 (49 U.S.C. 1421-1430 and 1472(h)), the Department of Transportation Act (49 U.S.C. 101, et~-) and the Hazardous Materials Transportation Act (49 U.S.C. 1801-1812), is required to regulate safety in the transportation.of hazardous materials, including radioactive materials. Pertinent DOT regulations are contained in 49 CFR Parts 100 to 178. The roles in regulatory responsibility of NRC and DOT have been delineated in a Memorandum of Understanding (MOU) between the two agencies dated June 8, 1979 (44 FR 386901. The MOU does not define the specific responsibilities of each agency in responding to transportation accidents or incidents. However, in all accidents, incidents, and instances of

• actual or suspected leakage involving packages of radioactive material regulated by the NRC, the MOU assigns to NRC the responsibility to act as lead agency for investigating the cause of the leakage and preparing a report of the investigation.

The Federal Emergency Management Agency (FEMA) is responsible for preparing a Federal Radiological Emergency Response Plan (FRERP). On December 23, 1980, -FEMA published a "Master Plan" for commercial nuclear power plant accidents (45 FR 84910). Development of the FRERP, which is scheduled for completion in 1984, entails revision of the "Master Plan, 11 including its expansion to incorporate provisions for responding to all types of peacetime radiological emergencies including transportation accidents. Availability of planning guidance for developing the FRERP was noticed in the Federal Register on April 28, 1983 (48 FR 19229). The FRERP will be based on the planning guidance and on the results of a Full Field Exercise conducted in the vicinity of the St. Lucie nuclear power plant in March 1984. The response to transportation accidents is less structured than the radiological emergency response to accidents at licensed sites because of the uncertainties surrounding (ll the location where the accident occurs, (2) the diversity of authority of those who will be responding, and (3) the likely limited radiation knowledge of the first-on-scene responders (who are usually local officials). The states have the primary responsibility for protecting the health and safety of the citizens from public hazards. Recognition of the responsibilities for radiation hazards is reflected by the existence of an appropriately designated state agency chartered with the responsibility of responding to radio 1 og*i ca 1 emergencies.

. ' The existing Memorandum of Understanding between the DOT and the NRC (mentioned above) assigns NRC the responsibility for the regulation and certification of shipping containers for fissile materials and for other radioactive materials (other than low specific activity materials) in quantities exceeding Type A limits as defined in 10 CFR Part 71. The MOU assigns DOT the responsibility for regulation of most other aspects of nuclear transportation activities. DOT operates a National Response Center which serves to relay infonnation concerning transportation incidents involving hazardous materials. DOT regulations require a carrier, at the earliest practicable moment, to give notice to the National Response Center after an incident occurs during the course of transportation in which, among other things, fire, breakage, spillage, or suspected radioactive contamination occurs involving shipment of radioactive material. Each notification of a transportation incident of any kind is relayed by the National Response Center to the Regional Office of the Environmental Protection Agency (EPA) for incidents on land or to the U.S. Coast Guard Captain of the Port for incidents in navigable waters. When a reported incident is known to invol ve radioactive material, notification is also made to the Regional Coordinating Office for Radiological Assistance of the U. S. Department of Energy (DOE) and to the Regional Office of the Nuclear Regulatory Co11JT1ission. NRC may also become aware of a transportation incident through other channels, such as the shipper, the carrier, or the police or highway patrol.

5 - DOE has stated _that DOE 1s involvement is the maintenance, at about 30 sites, of teams of technically trained nuclear and transportation specialists available to assist states, upon request, by providing desired advice and counsel in areas where states may need assistance. Such teams are highly professional and ar~ equipped to provide analytical and diagnostic support, but not to become involved in cleanup activities. Such teams operate under the DOE Radiological Assistance Program or the Federal Radiological Monitoring and Assessment Plan (DOE coordinated).

• The Conrnission invites all interested persons who desire.to submit written conrnents or suggestions on this general statement of policy to send them to the Secretary of the Commission, United States Nuclear Regulatory Conmission, Washington, D. C. 20555, Attention: Docketing and Service Branch by __

JU_L_ 2_7_1984 __ _ Consideration will be given to such submissions in connection with possible future revision of the stated policy. Copies of conments received may be examined at the Commission's Public Document Room, 1717 H Street, N. W., Washington, D. C. Statement of* NRC Policy: In any accident or incident occurring in connection with the transportation of radioactive material in which a report is required to be sent to the National Response Center by DOT regulations in 49 *cFR 171.15, NRC radiation safety assessment actions will consist of the following.

Call the agency designated by the affected State to respond to transportation accidents involving radioactive materials as soon as practicable to ensure that agency has been infonned of the incident. -(The State government is responsible for assuming control of the accident scene to protect the health and safety of the public.) Offer NRC technical assistance in the form of information, advice, and evaluations to the State at the time the initial notification is made to the appropriate State agency. Assure awareness of the incident by the DOE and other affected agencies, including any agencies specifically designated by the Federal Emergency Management Agency. Maintain awareness of the situation until normal conditions are restored at the scene of the accident. Provide information on packaging characteristics in response to any query regardi ng NRC~approved

• 0pack~ges.

Respond to requests for information on NRC activities in connection with the event. Requests for spe~ific infonnation on an accident normally will be referred to the appropriate State agency, or to the DOE if the situation relates to DOE activities.

7 - If the shipper is an NRC licensee, ensure that the shipper provides complete and accurate information concerning the radioactive material and details of the shipment to emergency response personnel. In accordance with ~he NRC-DOT Memorandum of Understanding, act as lead agency for investigating all accidents, incidents, and instances of actual or suspected leakage involving packages of radioactive material regulated by the NRC. Any NRC personnel at the scene of a tran.sportation accident will notify the on-scene coordinator of his or her presence and make clear that, unless NRC assistance is requested by the on-sce!l,.. J'CDiOrclinator, NRC activities will be primarily limited to information collection. Provide recol'IJllendations to emergency response personnel on radiological jssues if NRC assistance should be requested by the on-scene coordinator.or if a need is recognized by NRC personnel. The policy here set forth relates solely to radiological concerns. Responding to any attempt to steal or sabotage a shipment of nuclear

8 - material is a responsibility of the Federal Bureau of Investigation (FBI) as delineated in the NRC/FBI Memorandum of Understanding dated April 27, 1979, and published December 20, 1979, at 44 FR 75535. Dated at Washington, D. C., this 4 -3rJ day of &ice-A , 1984. For the Nuclear Regulatory Corrmission. ission.

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