View source for VR-SECY-22-0009, SRM-SECY-22-0009: Enclosure 2 - Edits to the Federal Register Notice (SECY-22-0009, Enclosure 6)

{{Adams
| number = ML23088A093
| issue date = 03/29/2023
| title = SRM-SECY-22-0009: Enclosure 2 - Edits to the Federal Register Notice (SECY-22-0009, Enclosure 6)
| author name = Clark B
| author affiliation = NRC/SECY
| addressee name = Dorman D
| addressee affiliation = NRC/EDO
| docket = 
| license number = 
| contact person = 
| case reference number = SECY-22-0009, VR-SECY-22-0009
| document report number = SRM-SECY-22-0009
| package number = ML23088A089
| document type = Commission Staff Requirements Memo (SRM)
| page count = 7
}}

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NUCLEAR REGULATORY COMMISSION
[NRC-2023-007520XX-XXXX]
Abnormal Occurrence Reportings Implementation of Section 208 Energy Reorganization Act of 1974 AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed limited revision to policy statement; request for comments.

==SUMMARY==
: The U.S. Nuclear Regulatory Commission (NRC) is proposing limited revisions to its policy statement on reporting abnormal occurrences (AO) to Congress. The proposed revisions are to thein the areas of source security and medical event criteria for determining events that are significant from the standpoint of public health orand safety.
DATES: Submit comments by [INSERT DATE 90 DAYS FROM DATE OF PUBLICATION IN THE FEDERAL REGISTER]. Comments received after this date will be considered if it is practical to do so, but the Commission is able to assure consideration only for comments received on or before this date.
ADDRESSES: You may submit comments by any of the following methods (unless this document describes a different method for submitting comments on a specific subject);
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however, the NRC encourages electronic comment submission through the Federal rulemaking website:
* Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0075. Address questions about NRC dockets to Dawn Forder; telephone: 301-415-3407; email: Dawn.Forder@nrc.gov. For technical questions contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.
* Email comments to: Rulemaking.Comments@nrc.gov. If you do not receive an automatic email reply confirming receipt, then contact us at 301-415-1677.
* Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 301-415-1101.
* Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
* Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal workdays; telephone: 301-415-1677.
For additional direction on obtaining information and submitting comments, see Obtaining Information and Submitting Comments in the SUPPLEMENTARY INFORMATION section of this document.
You may submit comments by any of the following methods (unless this document describes a different method for submitting comments on a specific subject):
Federal Rulemaking Web Site: Federal Rulemaking Web Site: Go to https://www.regulations.gov and search for Docket ID NRC-20XX-XXXX. Address questions about Docket IDs in Regulations.gov to Stacy Schumann; telephone: 301-415-0624; e-mail:
Stacy.Schumann@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.
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Mail comments to: Office of Administration, Mail Stop: TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Program Management, Announcements and Editing Staff.
For additional direction on obtaining information and submitting comments, see Obtaining Information and Submitting Comments in the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Minh-Thuy Nguyen, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-5163; e-mail: Minh-Thuy.Nguyen@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments A. Obtaining Information.
Please refer to Docket ID NRC-2023-0075<INSERT: NRC-20XX-XXXX> when contacting the NRC about the availability of information for this action. You may obtain publicly-available information related to this action by any of the following methods:
* Federal Rrulemaking Web sSite: Go to http://www.regulations.gov and search for Docket ID NRC-2023-0075<INSERT: NRC-20XX-XXXX>.
* NRCs Agencywide Documents Access and Management System (ADAMS):
You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ADAMS Public Documents and then select Begin Web-based ADAMS Search. For problems with ADAMS, please contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to pdr.resource@nrc.gov.
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* NRCs PDR: You may examine and purchase copies of public documents at the NRCs PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.
B. Submitting Comments.
Please include Docket ID NRC-2023-0075<INSERT: NRC-20XX-XXXX> in the subject line of your comment submission.
The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information.
If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission.
Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS.
II. Background Section 208 of the Energy Reorganization Act of 1974, as amended (Public Law 93-438), defines an AO as an unscheduled incident or event that the NRC determines to be significant from the standpoint of public health or safety. The Federal Reports Elimination and Sunset Act of 1995 (Public Law 104-66) requires that AOs be reported to Congress 4

annually. As required by Section 208, the discussion for each event includes the date and place, the nature and probable consequences, the cause or causes, and the action taken to prevent recurrence. The Commission must also widely disseminate the AO report to the public within 15 days of publishing the AO report to Congress.
Abnormal Occurrence Reporting The Commission has developed the AO policy statement to comply with Section 208 of the Energy Reorganization Act of 1974, as amended. The annual AO report is developed based upon the criteria in the AO policy statement. The AO report keeps Congress and the public informed of unscheduled incidents or events that the Commission considers significant from the standpoint of public health orand safety. Thise policy addresses a range of health orand safety concerns and applies to incidents and events involving a single individual, as well as those having an overall impact on the general public. The AO criteria set out in the policy use a high reporting threshold so that only those events considered significant from the standpoint of public health orand safety are reported to Congress.
Applicability Implementation of Section 208 of the Energy Reorganization Act of 1974, as amended, Abnormal Occurrence Reports, involves the conduct of Commission business and does not establishimpose requirements foron licensees or certified facilities. The reports cover certain unscheduled incidents or events related to the manufacture, construction, or operation of a facility or conduct of an activity subject to the requirements of parts 20, 30 through 37, 39, 40, 50, 61, 70, 71, 72 or 76 of chapter I, Title 10, Code of Federal Regulations (10 CFR).
Agreement States provide information to the NRC on incidents and events involving applicable nuclear materials in their States. Agreement States are those States that have entered into formal agreements with the NRC, pursuant to Section 274 of the Atomic Energy Act 5

of 1954 (AEA) (Public Law 83 703), to regulate certain quantities of radioactive material at facilities located within their borders. Events reported by Agreement States that reach the threshold for reporting as AOs are also published in the Report to Congress on Abnormal Occurrences.
Proposed Revisions The NRC is proposing revisions to the AO criteria in the areas of source security andfor medical events. The source security criteria would be revised to exclude those events that have no significant impact to public health or safety, such as an event involving a stolen vehicle where there was no intent in gaining access to the radioactive material and the radioactive material was recovered with no tampering of the radioactive material. The revisions to the medical event criteria would remove redundancy, improve conformance to current regulatory requirements, and reflect new developments in the new medical radiation treatments, and introduce a new medical consequence criterion.
The NRC is requesting public comments on this policy statement at this time forin only the areas of source security and medical event criteria. These proposed revisions may be found in ADAMS under Accession No. MLXXXXXXXX.
Licensee Reports The changes to the general policy statement do not change the reporting requirements for NRC licensees in Commission or Agreement State regulations, license conditions, or technical specifications. The NRC licensees will continue to submit required reports on a wide range of events, including instrument malfunctions and deviations from normal operating procedures that may not be significant from the standpoint of the public health orand safety but provide data useful to the Commission in monitoring operating trends of licensed facilities and in comparing the actual performance of these facilities with their design and/or licensing basis.
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III. Paperwork Reduction Act.
This policy statement does not contain a collection of information as defined in the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and, therefore, is not subject to the requirements of the Paperwork Reduction Act of 1995.information collection requirements that are subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the document requesting or requiring the collection displays a currently valid a request for information or an information collection requirement unless the requesting documents displays a currently valid Office of Management and Budget control number.
Dated at Rockville, Maryland, this       day of    ,
2023XX.
For the Nuclear Regulatory Commission.
Brooke P. ClarkAnnette Vietti-Cook,                    Formatted: Not Expanded by / Condensed by Secretary of the Commission.
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