RIS 2005-21, Clarification of the Reporting Requirements in 10 CFR 20.2201

Clarification of the Reporting Requirements in 10 CFR 20.2201

ML052700314
Person / Time
Issue date:	11/14/2005
From:	Michael Case, Chris Miller NRC/NMSS/IMNS, NRC/NRR/ADRO/DIRS
To:
DeCicco J, NMSS/IMNS, 415-7833
References
RIS-05-021
Download: ML052700314 (9)

UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR REACTOR REGULATION

OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS

WASHINGTON, DC 20555-0001 November 14, 2005 NRC REGULATORY ISSUE SUMMARY 2005-21 CLARIFICATION OF THE REPORTING REQUIREMENTS IN

10 CFR 20.2201

ADDRESSEES

All U.S. Nuclear Regulatory Commission (NRC) licensees and Part 76 certificate holders authorized to possess licensed material.

INTENT

NRC is issuing this regulatory issue summary (RIS) to clarify the reporting requirements regarding lost, stolen, or missing licensed material in 10 CFR 20.2201. This RIS does not transmit any new requirements or new staff positions. No specific action or written response is required.

BACKGROUND

There has been an increased interest in ensuring the security of NRC-licensed material during the last several years. In addition, every radiation protection program, to be both efficient and effective, requires accountability of its licensed material. For these reasons the reporting requirements for lost, stolen, or missing sources as specified in 10 CFR 20.2201 are being clarified.

SUMMARY OF ISSUE

Section 20.2201 mandates that each licensee report, by telephone, its discovery of any lost, stolen, or missing licensed material, including sources. The regulations require, in 10 CFR 20.2201(a)(1)(I), an immediate report by telephone if the material in question is equal to or greater than 1000 times the quantity specified in Appendix C to 10 CFR Part 20, under such circumstances that an exposure could result to persons in unrestricted areas. In accordance with 10 CFR 20.2201(a)(1)(ii), each licensee shall report by telephone, within 30 days after the occurrence of any lost, stolen, or missing licensed material becomes known to the licensee, licensed material that is greater than 10 times the quantity specified in Appendix C to Part 20,

that is still missing at the time. A written report is required by 10 CFR 20.2201(b), within 30

days of either telephone call; the information required in the written report is described in 10 CFR 20.2201(b)(1)(I) - (vi). Subsequent to the written report, 10 CFR 20.2201(d) requires the licensee to report any additional substantive information on the loss or theft of the licensed material within 30 days after the licensee learns of such information.

This RIS clarifies the term immediately in the context of reporting the occurrence of lost, stolen, or missing licensed material, how the term exposure could result is used, and the licensees responsibility to inform the NRC of the recovery of lost or stolen licensed material.

The NRC staff has reviewed the reporting requirements for 10 CFR 20.2201 and has included clarifications for the following requirements:

10 CFR 20.2201, Reports of theft or loss of licensed material (a) Telephone reports.

(1) Each licensee shall report by telephone as follows:

(i) Immediately after its occurrence becomes known to the licensee, a lost, stolen, or missing licensed material in an aggregate quantity equal to or greater than 1000 times the quantity specified in Appendix C, to Part 20, under such circumstances that it appears to the licensee that an exposure could result to persons in unrestricted areas.

10 CFR 30.50(a), 40.60(a), and 70.50(a) indicate NRC reporting requirements for an event that involves exposure to byproduct, source, and special nuclear material, respectively, in excess of applicable limits. These paragraphs require an immediate report, and each licensee shall notify NRC as soon as possible, but not later than 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br />, after the discovery of an event that prevents immediate protective actions necessary to avoid exposures to radiation or radioactive materials that could exceed regulatory limits, or releases of licensed materials that could exceed regulatory limits (events may include fires, explosions, toxic gas releases, etc.). Therefore, for the immediate reporting requirements of 10 CFR 20.2201, NRC desires notification within 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> after the occurrence becomes known to the licensee of any lost, stolen, or missing licensed material, including sources.

In the context above, the phrase "exposure could result connotes having the possibility to result in exposure to a person, and a licensee would be required to report unless exposure to a person was not possible.

(ii) Within 30 days after the occurrence of any lost, stolen, or missing licensed material becomes known to the licensee, all licensed material in a quantity greater than 10 times the quantity specified in Appendix C to Part 20, that is still missing at this time.

10 CFR 30.9(a), 40.9(a), and 70.9(a) require that information provided to the Commission by a licensee shall be complete and accurate in all material respects.

Thus, when licensed material is recovered that has been reported under 10 CFR

20.2201 as lost, stolen, or missing, the licensee must notify the NRC of the recovery. NRC desires that licensees make a telephone report within 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> regarding the recovery of any lost, stolen, or missing licensed material that is equal to or greater than Category II levels. Category II material and level are defined in the International Atomic Energy Agency, Code of Conduct on the Safety and Security of Radioactive Sources

2004, and in the NRC proposed rule for the National Source Tracking of Sealed Sources

(70 FR 43646; July 28, 2005). Below is a table that provides the thresholds for Category II material and level:

Radionuclide Quantity of Quantity of Concern (TBq) Concern (Ci )

Am-241 0.6 16 Am-241/Be 0.6 16 Cf-252 0.2 5.4 Cm-244 0.5 14 Co-60 0.3 8.1 Cs-137 1 27 Gd-153 10 270

Ir-192 0.8 22 Pm-147 400 11,000

Pu-238 0.6 16 Pu-239/Be 0.6 16 Se-75 2 54 Sr-90 (Y-90) 10 270

Tm-170 200 5,400

Yb-169 3 81 (b) Written reports.

(1) Each licensee required to make a report under paragraph (a) of this section shall, within

30 days after making the telephone report, make a written report setting forth the information contained in 10 CFR 20.2201(b)(1)(i) through (vi).

(c) A duplicate report is not required, under paragraph (b), if the licensee is also required to submit a report pursuant to paragraphs 10 CFR 30.55(c); 40.64(c); 50.72; 50.73; 70.52;

73.27(b); 73.67(e)(3)(vii); 73.67(g)(3)(iii); 73.71; or 150.19(c), of chapter 1 of the regulations. (d) Subsequent to filing the written report, the licensee shall also report any additional substantive information on the loss or theft, within 30 days after the licensee learns of such information.

The above paraphrases most of 10 CFR 20.2201, and additional information was cited to help clarify what is meant by the terms immediately and exposure could result. Consult the regulations for the full text.

This clarification of the requirements from 10 CFR 20.2201 does not exempt licensees from meeting the requirements from other sections in the regulations in regards to reporting.

BACKFIT DISCUSSION

This RIS requires no action nor written response and is, therefore, not a backfit under

10 CFR 50.109. Consequently, the staff did not perform a backfit analysis.

FEDERAL REGISTER NOTIFICATION

A notice of opportunity for public comment on this RIS was not published in the Federal Register because this RIS is informational and does not represent a departure from current regulatory requirements.

SMALL BUSINESS REGULATORY ENFORCEMENT FAIRNESS ACT

NRC has determined that this action is not subject to the Small Business Regulatory Enforcement Fairness Act of 1996.

PAPERWORK REDUCTION ACT STATEMENT

OF 1996 The information collections contained in this RIS are covered by the requirements of 10 CFR 20, 30, 40, and 70, which were approved by the Office of Management and Budget, approval numbers 3150-0014, 0017, 0020, and 009.

PUBLIC PROTECTION NOTIFICATION

The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement, unless the requesting document displays a currently valid OMB control number.

CONTACT

Please direct any questions about this matter to the technical contact or the appropriate regional office.

/RA/ /RA/

Charles L. Miller, Director Michael J. Case, Director Division of Industrial Division of Inspection & Regional Support Medical Nuclear Safety Office of Nuclear Reactor Regulation and Safeguards Office of Nuclear Material Safety

Technical Contact:

Joe DeCicco, NMSS

301-415-7833 E-mail: jxd1@nrc.gov Attachment: List of Recently Issued NMSS Generic Communications Note: NRC generic communications may be found on the NRC public website, http://www.nrc.gov, under Electronic Reading Room/Document Collections.

CONTACT

Please direct any questions about this matter to the technical contact or the appropriate regional office.

/RA/ /RA/

Charles L. Miller, Director Michael J. Case, Director Division of Industrial Division of Inspection & Regional Support Medical Nuclear Safety Office of Nuclear Reactor Regulation and Safeguards Office of Nuclear Material Safety

Technical Contact:

Joe DeCicco, NMSS

301-415-7833 E-mail: jxd1@nrc.gov Attachment: List of Recently Issued NMSS Generic Communications Note: NRC generic communications may be found on the NRC public website, http://www.nrc.gov, under Electronic Reading Room/Document Collections.

Distribution:

IMNS/ r/f NMSS/rf ADAMS ML052700314 OFFICE MSIB-A TECH ED MSIB-A MSIB OSTP FCSS SFPO

NAME JDeCicco EKraus THarris TEssig PLohaus R Pierson W Brach DATE 12/ 28 /04 12/28/04 01/13/05 01/26/05 09/08/05 01/28/05 09/07/05 OFFICE DWM NRR IROB D:DLPM OGC (NLO) OGC PMAS

(SBREFA)

NAME LCamper TQuay THBoyce TMarsh STreby SCrockett VTharpe DATE 01/28/05 02/02/05 10/28/05 10/31/05 09/22/05 10/05/05 10/18/05 OFFICE OIS IROB NRR IROB IMNS IROB

NAME BShelton AMarkley SKlementowicz MJRoss-Lee CLMiller PLHiland DATE 10/25/05 11/01/05 09/27/05 11/04/05 11/14/05 11/7/05 OFFICIAL RECORD COPY

Attachment Recently Issued NMSS Generic Communications Date GC No. Subject

Addressees

2/11/05 BL-05-01 Material Control and Accounting at All holders of operating licenses for Reactors and Wet Spent Fuel nuclear power reactors, decommissioning Storage Facilities nuclear power reactor sites storing spent fuel in a pool, and wet spent fuel storage sites.

10/28/05 RIS-05-22 Requirements for the Physical All holders of licenses for the possession Protection During Transportation of of special nuclear material (SNM) that Special Nuclear Material of ship Category II and III quantities of this Moderate and Low Strategic material.

Significance: 10 CFR Part 72 vs.

Regulatory Guide 5.59 (1983)

9/27/05 RIS-04-17, Revised Decay-in-Storage All licensees regulated under 10 CFR

Rev. 1 Provisions for the Storage of Parts 30, 32, 33, 35, 39, and 50.

Radioactive Waste Containing Byproduct Material

8/25/05 RIS-05-18 Guidance for Establishing and All licensees, applicants for licenses, Maintaining a Safety Conscious holders of certificates of compliance, and Work Environment their contractors subject to NRC authority

8/10/05 RIS-05-16 Issuance of NRC Management All licensees and certificate holders.

Directive 8.17, Licensee Complaints Against NRC

Employees

8/3/05 RIS-05-15 Reporting Requirements for All material licensees possessing Damaged Industrial Radiographic industrial radiographic equipment, Equipment regulated under 10 CFR Part 34.

7/13/05 RIS-05-13 NRC Incident Response and the All licensees and certificate holders.

National Response Plan

7/11/05 RIS-05-12 Transportation of Radioactive Licensees authorized to possess Material Quantities of Concern radioactive material that equals or NRC Threat Advisory and exceeds the threshold values in the Protective Measures System Additional Security Measures (ASM) for transportation of Radioactive Material Quantities of Concern (RAMQC) under their 10 CFR Part 30, 32, 50, 70, and 71 licenses and Agreement State licensees similarly authorized to possess such material in such quantities under their Agreement State licenses.

7/11/05 RIS-05-11 Requirements for Power Reactor All holders of operating licenses for Licensees in Possession of nuclear power reactors and generally Devices Subject to the General licensed device License Requirements of 10 CFR vendors.

31.5 Date GC No. Subject

Addressees

6/10/05 RIS-05-10 Performance-Based Approach for All industrial radiography licensees and Associated Equipment in 10 CFR manufacturers and distributors of

34.20 industrial radiography equipment.

4/18/05 RIS-05-06 Reporting Requirements for All material licensees possessing Gauges Damaged at Temporary portable gauges, regulated under 10 CFR

Job Sites Part 30.

4/14/05 RIS-05-04 Guidance on the Protection of All holders of operating licenses or Unattended Openings that construction permits for nuclear power Intersect a Security Boundary or reactors, Area research and test reactors, decommissioning reactors with fuel on site, Category 1 fuel cycle facilities, critical mass facilities, uranium conversion facility, independent spent fuel storage installations, gaseous diffusion plants, and certain other material licensees.

2/28/05 RIS-05-03 10 CFR Part 40 Exemptions for All persons possessing aircraft Uranium Contained in Aircraft counterweights containing uranium under Counterweights - Storage and the exemption in Repair 10 CFR 40.13(c)(5).

10/31/05 IN-05-28 Inadequate Test Procedure Fails All licensees authorized to possess a to Detect Inoperable Criticality critical mass of special nuclear material.

Accident Alarm Horns

10/07/05 IN-05-27 Low Dose-Rate Manual All medical licensees.

Brachytheraphy Equipment Related Medical Events

7/29/05 IN-05-22 Inadequate Criticality Safety All licensees authorized to possess a Analysis of Ventilation Systems at critical mass of special nuclear material.

Fuel Cycle Facilities

6/23/05 IN-05-17 Manual Brachytherapy Source All medical licensees authorized to Jamming possess a Mick applicator.

5/17/05 IN-05-13 Potential Non-conservative Error in All licensees using the Keno-V.a criticality Modeling Geometric Regions in code module in Standardized Computer the Analyses for Licensing Evaluation Keno-v.a Criticality Code (SCALE) software developed by Oak Ridge National Laboratory (ORNL)

5/17/05 IN-05-12 Excessively Large Criticality Safety All licensees authorized to possess a Limits Fail to Provide Double critical mass of special nuclear material.

Contingency at Fuel Cycle Facility

4/7/05 IN-05-10 Changes to 10 CFR Part 71 All 10 CFR Part 71 licensees and Packages certificate holders. Date GC No. Subject

Addressees

4/1/05 IN-05-07 Results of HEMYC Electrical All holders of operating licenses for Raceway Fire Barrier System Full nuclear power reactors, except those who Scale Fire Testing have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel, and fuel facilities licensees.

3/10/05 IN-05-05 Improving Material Control and All licensees authorized to possess a Accountability Interface with critical mass of special nuclear material.

Criticality Safety Activities at Fuel Cycle Facilities Note: NRC generic communications may be found on the NRC public website at http://www.nrc.gov, under Electronic Reading Room/Document Collections.