View source for Information Notice 2023-02, Reporting When a Fixed Gauge Shutter Is Stuck in the Closed Position

{{Adams
| number = ML22326A295
| issue date = 03/17/2023
| title = Reporting When a Fixed Gauge Shutter Is Stuck in the Closed Position
| author name = Williams K
| author affiliation = NRC/NMSS/DMSST
| addressee name = 
| addressee affiliation = 
| docket = 
| license number = 
| contact person = 
| case reference number = IN 2023-02
| document type = NRC Information Notice
| page count = 4
}}
{{#Wiki_filter:UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS

WASHINGTON, DC 20555-0001 March 17, 2023 NRC INFORMATION NOTICE 2023-02: REPORTING WHEN A FIXED GAUGE SHUTTER IS

STUCK IN THE CLOSED POSITION

==ADDRESSEES==
All holders of and applicants for U.S. Nuclear Regulatory Commission (NRC) specific materials

licenses1 that authorize the possession, use, or storage of radioactive material for fixed gauges, NRC master materials licensees, Agreement State radiation control program directors, and

State liaison officers.

==PURPOSE==
The NRC is issuing this information notice (IN) to remind specific materials licensees that use

fixed gauges containing byproduct material of the reporting requirements when a shutter is

stuck in the closed position. The NRC expects that recipients will review the information for

applicability to their facilities and consider actions, as appropriate, to avoid similar reporting

questions. INs may not impose new requirements, and nothing in this IN should be interpreted

to require specific action.

==DESCRIPTION OF CIRCUMSTANCES==
The NRC received a question as to whether a 24-hour report to the NRC is required in

accordance with Title 10 of the Code of Federal Regulations (10 CFR) 30.50(b)(2) when a fixed

gauge shutter is stuck in the closed position. Under 10 CFR 30.50(b)(2), the NRC requires

reporting if equipment is disabled or fails to function as designed when the following are true:
         (i) The equipment is required by regulation or license condition to prevent

releases exceeding regulatory limits, to prevent exposures to radiation and

radioactive materials exceeding regulatory limits, or to mitigate the

consequences of an accident;
         (ii) The equipment is required to be available and operable when it is disabled or

fails to function; and

(iii) No redundant equipment is available and operable to perform the required

safety function.

1 This information notice is not applicable to general materials licensees. General materials licensees are

required to follow the reporting requirements in 10 CFR 31.5.

ML22326A295 

==BACKGROUND==

===Related NRC Generic Communications===
NRC IN 2009-18, Performance of Required Shutter Checks and Reporting of Gauge Shutter

Failures, dated September 18, 2009 (Agencywide Documents Access and Management

System Accession No. ML091890514), reminds licensees that possess fixed gauges with a

shutter that cannot be closed of applicable reporting requirements.

==DISCUSSION==
A fixed gauge shutter, stuck in the closed position, is meeting the required safety function in

keeping doses low. The Statements of Consideration (SOC) for the 10 CFR Parts 20, 30, 31,
34, 39, 40 and 70 Notifications of Incidents Rule (56 FR 40757; August 16, 1991) provides

further clarification:
        25. Comment: Strict interpretation of the rule indicates that every stuck shutter

requires a 24-hour report. We fail to see the need to report if the exposure limits

are not exceeded.

NRC Response to Comment 25: If there are problems with the design or use of a

device containing a source that could cause an overexposure and the problems

prevent re-shielding of exposed radiation sources, the NRC may need to take

prompt action to warn other device users and ensure that the manufacturer is

taking appropriate corrective action. The NRC must be aware of safety

equipment failures in order to ensure that preventative measures are taken

before more serious incidents occur.

The SOC requires two conditions to be met for the event to be reported: (1) problems exist with

the design or use of the device and (2) the problems prevent re-shielding of the source. A fixed

gauge shutter stuck in the closed position only meets one of the two conditions. Consequently,
10 CFR 30.50(b)(2) does not apply to fixed gauges with a shutter stuck in the closed (safe)
position, and the incident is not reportable.

For NRC licensees, 10 CFR Part 21, Reporting of Defects and Noncompliance, does not apply

because a defect is defined as a condition that could cause a substantial safety hazard. A

shutter stuck in the closed position is not a substantial safety hazard.

CONCLUSION

In summary, a fixed gauge with a shutter stuck in the closed (safe) position is not a reportable

event.

==CONTACT==
S

Please direct any questions about this matter to the technical contacts listed below.

/RA/
                                            Kevin Williams, Director

Division of Materials Safety, Security, State, and Tribal Programs

Office of Nuclear Material Safety

and Safeguards

Technical Contacts:   Robert Sun, NMSS/MSST

(301) 415-3421 Email: Robert.Sun@nrc.gov

Tomas Herrera, NMSS/MSST

(301) 415-7138 Email: Tomas.Herrera@nrc.gov

Note: NRC generic communications may be found on the NRC public website, http://www.nrc.gov, under NRC Library/Document Collections.

ML22326A295                EPIDS No. L-2022-GEN-0003 OFC        NMSS/       NMSS/       NMSS/         NMSS/         NRR/
               MSST/       MSST/       MSST/          MSST

MSTB        MSEB        MSEB

NAME      THerrera     RSun       CEinberg      KWilliams     RFelts

DATA       1/5/23     12/29/22     1/13/23       3/16/23      3/17/23}}

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