View source for L-09-081, 2009/10/28-Comment (55) of C.L. Funderburk on Behalf of Dominion Resources Services, Inc., on Proposed Rule Pr 31, Regarding Limiting the Quantitiy of Byproduct Material in a Generally Licensed Device

{{Adams
| number = ML093030285
| issue date = 10/28/2009
| title = 2009/10/28-Comment (55) of C.L. Funderburk on Behalf of Dominion Resources Services, Inc., on Proposed Rule Pr 31, Regarding Limiting the Quantitiy of Byproduct Material in a Generally Licensed Device
| author name = Funderburk C L
| author affiliation = Dominion Energy Kewaunee, Inc
| addressee name = 
| addressee affiliation = NRC/SECY/RAS
| docket = 05000280, 05000281, 05000305, 05000336, 05000338, 05000339, 05000423
| license number = 
| contact person = SECY RAS
| case reference number = 74FR38372 00055, GL-09-081, PR-31, FOIA/PA-2011-0115
| document type = Rulemaking-Comment
| page count = 4
}}

=Text=
{{#Wiki_filter:PR 31 Dminion Resources Services, Inc. (74FR38372)
J inio w: o0 1 ). inion Boulevard, Glen Allen, VA m UI xb \ddrcss: www.dom.com USNRC October 28, 2009 (4:30pm)October 28, 2009 OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF Secretary GL 09-081 U. S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Attention:
Rulemakings and Adjudications Staff COMMENTS ON LIMITING THE QUANTITY OF BYPRODUCT MATERIAL IN A GENERALLY LICENSED DEVICE (FEDERAL REGISTER VOLUME 74, NUMBER 147 DATED AUGUST 3,2009, PAGE 38372-38381 Dominion Resources Services, Inc. (Dominion) appreciates the opportunity to comment on the NRC proposed rulemaking, "Limiting the Quantity of Byproduct Material in a Generally Licensed Device," as described in the subject Federal Register notice.Dominion submits the following comments for consideration.
: 1. Current holders of generally licensed sources that exceed the proposed 1/10 Category 3 limit should not be required to obtain specific licenses for their currently possessed sources. The burden of specific licensing was not assessed when the sources were obtained and should not therefore be backfit on these licensees.
The fact that aggregation of sources "could" happen is not a, justification for the economic burden that "will" happen when owners of these low activity sources try to comply with the intricacies of specific licensing.
Further justification for "grandfathering" existing sources is that many general licensees own very few of the proposed "higher risk" sources. This does not support the suggested 
/implied proposed rule justification scenario of terrorists gathering easy to collect generally licensed sources. Additionally, the proposed rulemaking acknowledges that switching the sources in question from a general (GL)to a specific license (SL) offers no barrier to theft, and does not ensure the physical integrity or protection of radiation sources. Converting certain sources from a GL to a SL does not necessarily provide greater accountability, improve radioactive source control or result in enhanced protection of public safety and health. The registration requirements under Part 31.5 and the National Source Tracking System are provisions currently in place which adequately accomplish these objectives and have resulted in improved management and accountability of radioactive sources. In addition, increased NRC control orders, Web based licensing, FI ~ 0 DS io and prelicensing site visits are other present controls which ensure radioactive sources are sufficiently managed and accounted for.2. In Section A.4.3.2.2 regarding consideration of resource burden in implementing the proposed rule, the conclusion that the expenditure of NRC and Agreement State resources is not "significant" does not appear to be well supported by detailed and thorough deliberation.
Use of the assumption that required conversion of general licenses to specific licenses will represent only 6% of existing specific license population is neither objectively justified as an assumption nor is it thoroughly considered regarding its impact (i.e., what is the estimated added number of NRC review and inspection hours at $257/hr).
Likewise, there is no objective basis in this deliberation regarding corresponding licensee impact or the commensurate benefit of implementing the proposed rule, which we subjectively consider to be very small. As such, a 6% qualitative assumption should not form the sole basis for dismissing the regulatory impact of requiring license conversion of sources at or above 1/10 of the IAEA Category 3 threshold.
If you would like further information on our comments, please contact either: Tom Szymanski Tom.Szymanski@dom.com (804) 273-3065 or Carl Tarantino Carl.Tarantino@dom.com or (804) 273-3068 Respectfully, C. L. Funderburk, Director Nuclear Licensing 
& Operations Support Dominion Resources Services, Inc. for Virginia Electric and Power Company, Dominion Nuclear Connecticut, Inc. and Dominion Energy Kewaunee, Inc.
Rulemaking Comments From: Sent: To: 

==Subject:==
Attachments:
Vicki Hull [vicki.hull@dom.com]
Wednesday, October 28, 2009 3:49 PM Rulemaking Comments Dominion Comments on Limiting the Quantity of Byproduct Material in a Generally Licensed Device GL09-081_Response.pdf Attached are Dominion comments on the above subject.CONFIDENTIALITY NOTICE: This electronic message contains information which may be legally confidential and or privileged and does not in any case represent a firm ENERGY COMMODITY bid or offer relating thereto Which binds the sender without an additional express written confirmation to that effect. The information is intended solely for the individual or entity named above and access by anyone else is unauthorized.
If you are not the intended recipient, any disclosure, copying, distribution, or use of the contents of this information is prohibited and may be unlawful.
If you have received this electronic transmission in error, please reply immediately to the sender that you have received the message in error, and delete it. Thank you.1 A Received:
from mail .nrc.gov (148.184.176.41) by TWMS01 .nrc.gov (148.184.200.145) with Microsoft SMTP Server id 8.1.393.1; Wed, 28 Oct 2009 15:49:27 -0400 X-Ironport-ID:
mail1-X-SBRS: 5.3 X-MID: 7672858 X-IronPort-Anti-Spam-Filtered:
true X-IronPort-Anti-Spam-Result:
AtUCAJM86EqeajBGmWdsb2JhbACCJSOiAZhMAQEBAQEICwoHEOG+TYQ/BA X-IronPort-AV:
E=Sophos;i="4.44,641,1249272000";
d="pdf'?scan'208,217";a="7672858" Received:
from innm03.dom.com (HELO dom.com) ([158.106.48.70])
by mail .nrc.gov with ESMTP; 28 Oct 2009 15:49:26 -0400 Received:
from ([10.108.41.110])
by innm03.dom.com with ESMTP id 5503500.16577448; Wed, 28 Oct 2009 15:49:07 -0400 Received:
from OJREXCW810.mbu.ad.dominionnet.com 
([10.108.230.48])
by smtpmta.va.dominionnet.com (Lotus Domino Release 6.5.4FP2) with ESMTP id 2009102815490205-252411 
; Wed, 28 Oct 2009 15:49:02 -0400 Received:
from DOM-MBX05.mbu.ad.dominionnet.com 
([fe80::1d29:e936:f4ef:c642])
by OJREXCW81O.mbu.ad.dominionnet.com 
([::1]) with mapi; Wed, 28 Oct 2009 15:49:05 -0400 From: Vicki Hull <vicki.hull@dom.com>
To: "Rulemaking.Comments@nrc.gov" <Rulemaking.Comments@nrc.gov>
Date: Wed, 28 Oct 2009 15:49:02 -0400 

==Subject:==
Dominion Comments on Limiting the Quantity of Byproduct Material in a Generally Licensed Device Thread-Topic:
Dominion Comments on Limiting the Quantity of Byproduct Material in a Generally Licensed Device Thread-Index:
AcpYB7Lrr5rrbETjQCWCnzRcJTbu7g==
Message-ID:
<21 CF50CC1491114BA16242AF7E7A61CA04EB9631 
@DOM-MBX05.mbu.ad.dominionnet.co m>Accept-Language:
en-US X-MS-Has-Attach:
yes X-MS-TNEF-Correlator:
acceptlanguage:
en-US MIME-Version:
1.0 X-MIMETrack:
Itemize by SMTP Server on MAIL01/SERVERS/VANCPOWER(Release 6.5.4FP2lSeptember 12, 2005) at 10/28/2009 03:49:02 PM, Serialize by Router on MAIL01/SERVERS/VANCPOWER(Release 6.5.4FP2lSeptember 12, 2005) at 10/28/2009 03:49:03 PM Content-Language:
en-US Content-Type:
multipart/mixed; boundary="_004_21 CF50CC1 491114BA1 6242AF7E7A61 CA04EB9631 DOMMBX05mbuaddo_" Return-Path:
vicki.hull@dom.com}}