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
Revision:	0
From:	Case M J, Miller C L NRC/NMSS/IMNS, NRC/NRR/ADRO/DIRS
To:
DeCicco J E, NMSS/IMNS, 415-7833
References
RIS-05-021
Download: ML052700314 (9)

November 14, 2005

NRC REGULATORY ISSUE SUMMARY 2005-21CLARIFICATION OF THE REPORTING REQUIREMENTS IN 10 CFR 20.2201

ADDRESSEES

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

INTENT

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

BACKGROUND

There has been an increased interest in ensuring the security of NRC-licensed material duringthe last several year In addition, every radiation protection program, to be both efficient and effective, requires accountability of its licensed materia 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 source 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 area 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 tim A written report is required by 10 CFR 20.2201(b), within 30days 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 licensee'sresponsibility 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 includedclarifications 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, ormissing 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 anevent that involves exposure to byproduct, source, and special nuclear material, respectively, in excess of applicable limit 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 4hours after the occurrence becomes known to the licensee of any lost, stolen, ormissing licensed material, including sources.In the context above, the phrase "exposure could result" connotes having the possibilityto result in exposure to a person, and a licensee would be required to report unlessexposure to a person was not possible.(ii) Within 30 days after the occurrence of any lost, stolen, or missing licensed materialbecomes 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 respect 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 recover 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 therecovery of any lost, stolen, or missing licensed material that is equal to or greater than Category II level 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:RadionuclideQuantity ofConcern (TBq)Quantity ofConcern (Ci )Am-2410.616 Am-241/Be0.616 Cf-2520.25.4 Cm-2440.514Co-600.38.1 Cs-137127Gd-15310270Ir-192 0.822Pm-14740011,000Pu-2380.616 Pu-239/Be0.616 Se-75254 Sr-90 (Y-90)10270 Tm-1702005,400 Yb-169381 (b) Written reports. (1) Each licensee required to make a report under paragraph (a) of this section shall, within30 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 tosubmit 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 regulation (d) Subsequent to filing the written report, the licensee shall also report any additionalsubstantive 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 helpclarify what is meant by the terms immediately and exposure could resul Consult theregulations for the full text.This clarification of the requirements from 10 CFR 20.2201 does not exempt licensees frommeeting 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 50.10 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 FederalRegister because this RIS is informational and does not represent a departure from currentregulatory requirements.SMALL BUSINESS REGULATORY ENFORCEMENT FAIRNESS ACTNRC has determined that this action is not subject to the Small Business RegulatoryEnforcement Fairness Act of 1996.

PAPERWORK REDUCTION ACT STATEMENT

OF 1996The information collections contained in this RIS are covered by the requirements of 10 CFR20, 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 forinformation or an information collection requirement, unless the requesting document displays a currently valid OMB control numbe

CONTACT

Please direct any questions about this matter to the technical contact or the appropriateregional office./RA//RA/Charles L. Miller, Director Michael J. Case, DirectorDivision 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 CommunicationsNote: NRC generic communications may be found on the NRC public website,http://www.nrc.gov, under Electronic Reading Room/Document Collection

CONTACT

Please direct any questions about this matter to the technical contact or the appropriateregional office./RA//RA/Charles L. Miller, Director Michael J. Case, DirectorDivision 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 CommunicationsNote: NRC generic communications may be found on the NRC public website,http://www.nrc.gov, under Electronic Reading Room/Document Collections.Distribution:IMNS/ r/fNMSS/rfADAMS ML052700314OFFICEMSIB-ATECH EDMSIB-AMSIBOSTPFCSSSFPONAMEJDeCicco EKrausTHarris TEssigPLohausR PiersonW BrachDATE 12/ 28 /04 12/28/04 01/13/05 01/26/05 09/08/0501/28/05 09/07/05OFFICEDWMNRRIROBD:DLPMOGC (NLO)OGC(SBREFA)PMASNAMELCamperTQuayTHBoyceTMarshSTrebySCrockettVTharpeDATE01/28/0502/02/05 10/28/05 10/31/0509/22/0510/05/0510/18/05OFFICEOISIROBNRRIROBIMNSIROBNAMEBSheltonAMarkleySKlementowiczMJRoss-LeeCLMillerPLHilandDATE10/25/0511/01/0509/27/0511/04/05 11/14/05 11/7/05OFFICIAL RECORD COPY Attachment Recently Issued NMSS Generic CommunicationsDateGC No.Subject

Addressees

2/11/05BL-05-01Material Control and Accounting atReactors and Wet Spent Fuel Storage FacilitiesAll holders of operating licenses fornuclear power reactors, decommissioning nuclear power reactor sites storing spent fuel in a pool, and wet spent fuel storage sites.10/28/05RIS-05-22Requirements for the PhysicalProtection During Transportation of Special Nuclear Material of Moderate and Low Strategic Significance: 10 CFR Part 72 vs.

Regulatory Guide 5.59 (1983)All holders of licenses for the possessionof special nuclear material (SNM) that ship Category II and III quantities of this material.9/27/05RIS-04-17,Rev. 1Revised Decay-in-StorageProvisions for the Storage of Radioactive Waste Containing Byproduct MaterialAll licensees regulated under 10 CFRParts 30, 32, 33, 35, 39, and 50.8/25/05RIS-05-18Guidance for Establishing andMaintaining a Safety Conscious Work EnvironmentAll licensees, applicants for licenses,holders of certificates of compliance, and their contractors subject to NRC authority8/10/05RIS-05-16Issuance of NRC ManagementDirective 8.17, "Licensee Complaints Against NRC Employees"All licensees and certificate holders.8/3/05RIS-05-15Reporting Requirements forDamaged Industrial Radiographic EquipmentAll material licensees possessingindustrial radiographic equipment, regulated under 10 CFR Part 34.7/13/05RIS-05-13NRC Incident Response and theNational Response PlanAll licensees and certificate holders.7/11/05RIS-05-12Transportation of RadioactiveMaterial Quantities of Concern NRC Threat Advisory and Protective Measures SystemLicensees authorized to possessradioactive material that equals or exceeds the threshold values in the 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.7/11/05RIS-05-11Requirements for Power ReactorLicensees in Possession of Devices Subject to the General License Requirements of 10 CFR 31.5All holders of operating licenses fornuclear power reactors and generally licensed device vendor DateGC No.Subject

Addressees

6/10/05 RIS-05-10 Performance-Based Approach forAssociated Equipment in 10 CFR 34.20All industrial radiography licensees andmanufacturers and distributors of industrial radiography equipment.4/18/05RIS-05-06Reporting Requirements forGauges Damaged at Temporary Job SitesAll material licensees possessingportable gauges, regulated under 10 CFR Part 30.4/14/05RIS-05-04Guidance on the Protection ofUnattended Openings that Intersect a Security Boundary or AreaAll holders of operating licenses orconstruction permits for nuclear power reactors, 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.2/28/05RIS-05-0310 CFR Part 40 Exemptions forUranium Contained in Aircraft Counterweights - Storage and RepairAll persons possessing aircraftcounterweights containing uranium under the exemption in 10 CFR 40.13(c)(5).10/31/05IN-05-28Inadequate Test Procedure Failsto Detect Inoperable Criticality Accident Alarm HornsAll licensees authorized to possess acritical mass of special nuclear material.10/07/05IN-05-27Low Dose-Rate ManualBrachytheraphy Equipment Related Medical EventsAll medical licensees.7/29/05IN-05-22Inadequate Criticality SafetyAnalysis of Ventilation Systems at Fuel Cycle FacilitiesAll licensees authorized to possess acritical mass of special nuclear material.6/23/05IN-05-17Manual Brachytherapy SourceJammingAll medical licensees authorized topossess a Mick applicator.5/17/05IN-05-13Potential Non-conservative Error inModeling Geometric Regions in the Keno-v.a Criticality CodeAll licensees using the Keno-V.a criticalitycode module in Standardized Computer Analyses for Licensing Evaluation (SCALE) software developed by Oak Ridge National Laboratory (ORNL)5/17/05IN-05-12Excessively Large Criticality SafetyLimits Fail to Provide Double Contingency at Fuel Cycle FacilityAll licensees authorized to possess acritical mass of special nuclear material.4/7/05IN-05-10Changes to 10 CFR Part 71PackagesAll 10 CFR Part 71 licensees andcertificate holder DateGC No.Subject

Addressees

4/1/05IN-05-07Results of HEMYC ElectricalRaceway Fire Barrier System Full Scale Fire TestingAll holders of operating licenses fornuclear power reactors, except those who have permanently ceased operations and have certified that fuel has been permanently removed from the reactor vessel, and fuel facilities licensees.3/10/05IN-05-05Improving Material Control andAccountability Interface with Criticality Safety Activities at Fuel Cycle FacilitiesAll licensees authorized to possess acritical mass of special nuclear material.Note: NRC generic communications may be found on the NRC public website athttp://www.nrc.gov, under Electronic Reading Room/Document Collections.