ML20293A281

Global Nuclear Fuels-Americas - Request for Clarification on Reporting Requirement in Title 10 Code of Federal Regulations, Part 70, Appendix a

ML20293A281
Person / Time
Site:	07001113
Issue date:	11/16/2020
From:	Damaris Marcano, Kevin Ramsey NRC/NMSS/DFM/FFLB
To:	Murray S Global Nuclear Fuel
TDNaquin NMSS/DFM/FFL
References
Download: ML20293A281 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 November 16, 2020 Mr. Scott P. Murray, Licensing Manager Global Nuclear Fuel - America 3901 Castle Hayne Road P.O. Box 780 Wilmington, NC 28402

SUBJECT:

GLOBAL NUCLEAR FUELS - AMERICA, REQUEST FOR CLARIFICATION ON REPORTING REQUIREMENTS IN TITLE 10 OF THE CODE OF FEDERAL REGULATIONS, PART 70, APPENDIX A

Dear Mr. Murray:

By letter dated September 16, 2020 (Agencywide Documents Access and Management System

[ADAMS] Accession No. ML20260H056), you requested the Nuclear Regulatory Commission (NRC) staff provide clarification of the concurrent reporting requirement in Title 10 of the Code of Federal Regulations (10 CFR) Part 70, Appendix A for situations that require notification to a local county official for routine maintenance activities.

Specifically, your letter stated that the Deputy Marshall for New Hanover County, North Carolina has requested a routine notification from Global Nuclear Fuels - Americas (GNF-A) whenever a fire system is impaired for more than four hours, including when the system is impaired due to maintenance and test activities, and again once the repair or maintenance is complete. These notifications are in support of GNF-A existing mutual aid agreements with the county emergency response organization. GNF-A has taken the position to notify the NRC for each instance of maintenance or repair where a notification to the county has been made. In 2019, GNF-A made seven notifications related to fire system maintenance activities, and thus far in 2020, nine notifications have been made. Finally, you stated that GNF-A concluded that this report is not required under 10 CFR Part 70, Appendix A.

Appendix A to 10 CFR Part 70 provides the regulatory requirements for reportable safety events for licensees. Subparagraph (c) specifies that any event or situation, related to the health and safety of the public or onsite personnel, or protection of the environment, for which a news release is planned or notification to other government agencies has been or will be made, shall be reported to the NRC Operations Center, concurrent to the news release or other notification.

Interim Staff Guidance (ISG-12), Revision 1, Reportable Safety Events (ADAMS Accession No. ML14157A067), published on September 18, 2014, was developed to clarify some of the reporting requirements. Section 3.5.2 of the ISG, Other Government Notifications, provides a description of events which might require contact with the media or government agencies, but do not require NRC notification. Furthermore, Appendix C of the ISG gives specific examples that do not require NRC notification.

S. Murray 2 Per Appendix A to 10 CFR Part 70, subparagraph (c) and the relevant ISG, licensees generally need not report government notifications to the NRC unless they are related to the health and safety of the public or on-site personnel, or protection of the environment. While the ISG provides several examples of activities not requiring a report to the NRC, you correctly note that it does not include examples involving fire suppression. It does, however, include examples where NRC notification is not needed because events are routine and dont directly involve NRC-licensed material. As this is a routine notification that doesnt directly involve NRC-licensed material, consistent with ISG-12, the NRC staff concludes that GNF-As conclusion that this activity need not be reported pursuant to Part 70, Appendix A, subparagraph (c) is reasonable.

In accordance with Title 10 of the Code of Federal Regulations, Section 2.390 of the NRCs Agency Rules of Practice and Procedure, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records component of NRCs ADAMS. ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html.

If you have any questions, feel free to contact Ty Naquin at (301) 415-7352, or via e-mail to Tyrone.Naquin@nrc.gov.

Sincerely, Damaris Digitally signed by Damaris Marcano Marcano Date: 2020.11.16 17:54:18 -05'00' Damaris Marcano, Acting Chief Fuel Facility Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards Docket No.: 70-1113 License No.: SNM-1097

ML20293A281 *via e-mail OFFICE DFM/FFLB/PM* DFM/FFLB/LA* DFM/FFLB/BC (A)

NAME TNaquin ELee DMarcano DATE 10/20/2020 10/21/2020 11/16/2020