ML20237C247

Submits Proposed Alternative to Literal Interpretation of Listed Step Re Implementation of Improved Controls Governing Process by Which Irradiated Topaz Is Exported,Per 10CFR110. Alternative Is Rev to 951117 Response to CAL RIII-95-04

ML20237C247
Person / Time
Site:	University of Missouri-Columbia
Issue date:	08/13/1998
From:	Mckibben J MISSOURI, UNIV. OF, COLUMBIA, MO
To:	Weiss S NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
References
CAL-RIII-95-04, CAL-RIII-95-4, NUDOCS 9808210047
Download: ML20237C247 (2)

Text

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Research Reactor Center II.

Research Park Columbia, Missouri 65211 Telephone (573) 882-4211

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FAX i573} 882=3443 UNIVERSITY OF MISSOURI-COLUMBIA August 13,1998 Document Control Desk U.S. Nuclear Regulatory Commission Washington, DC 20555 ATTENTION: Seymour II. Weiss

REFERENCE:

Docket No. 50-186 University of Missouri Research Reactor License R-103

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SUBJECT:

Proposed Revision to University of Missouri Research Reactor Reply to Confirmatory Action Letter, Cal No. RIII-95-04 The University of Missouri Research Reactor (MURR), in a November 17,1995, Reply to Confirmatory Action Letter CAL No. RIII-95-04, implemented improved controls governing the process by which irradiated topaz is exported under 10 CFR Part 110.

One of these measures, step (5) on page 3 stated, By procedure, require that shipments of byproduct material from Room 267 will be restricted to byproduct material only, and that MURR employees will keep the packages in their custody during transfer to the air carrier and will obtain documentation of this transfer.

MURR has implemented the step literally by having a MURR employee drive 120 miles to the St. Louis airport to deliver the packages to the international air carrier (currently Fed Ex).

As an alternative to the literal interpretation of the above step we would like to have the option of offering packages locally to a third party courier for delivery to our international air carrier.

Packages offered to a courier provide the positive control of these shipments to prevent unauthorized domestic release of the byproduct material. No one, other than designated MURR employees, can alter the destination of these packages from their intended export via air carrier under 10 CFR Part 110.

l i To effect this option we would like to revise step (5) of our November 17,1995, letter (attached) to l read:

By procedure, require that shipments of byproduct material from Room 267 will be restricted to byproduct material only, and that MURR employees will keep the packages m their custody during transfer to the air carrier or courier to the air entrier. and will obtain documentation of this transfer.

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i Letter to' Document Control Desk August 13,1998 l j

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1 As discussed in our July 1,1998 phone conversation, we will wait 30 days before using the proposed alternate transfer mechanism. After the 30 day wait we will use it unless we have been notified by your office that this revision is not acceptable to the NRC. i J

If you have any questions, please call me at 573-882-5204. Thank you for your time and consideration of this matter.

Sincerely, r

.1 J. C. McKibben Associate Director Attachment xc: Mr. Alexander Adams,Jr., USNRC Mr. Tom Burdick, NRC Region III Dr. Edward Deutsch Mr. Walter Meyer .

MVJbs (, DI/4 CHRISTINE M.ERRANTE Notary Public-Notary Seal STATE OF MISSOURI BooneCounty My Onmminion Expires: April 14,1999 l

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Research Reactor C nter R:seitch Park Columbo. Missovri 65211 11 Telephone (314) 882 4211 FAX 13141882 3443 UNIVERSITY OF,MISSOL)RI COLUMBIA November 17,1995 Cynthia D. Pederson, Director Division of Nuclear Materials Safety U.S. Nuclear Regulatory Commission, Region III 801 Warrenville Road Lisle, ?llinois 60532-4351

Subject:

Reply to Confirmatory Action Letter CAL No. RIII 95-04 and Concerns Raised During Exit Interview November 3,1995

Dear Ms. Pederson:

This letter is our notification to you that we have completed the actions addressed in your Confirmatory Action Letter CAL-R111-95-004. Specifically:

(1) On September 20,1995, the inner door of Room 267 (Dark Room) was padlocked and the two keys were placed under the control of Mr. John Ernst or his designee and Mr. Matt Sanford or Nis desia, nee.

(2) Since September 20,1995, a University of Missouri Research Reactor (MURR) employee has been present in a supervisory role when any work is performed in

• Room 267.

(3) Conducted on the evening of September 20,1995, an audit of the byproduct material contained in Room 267 was conducted under the direction of Mr. Jim Schuh.

(4) The inventory was reconciled under the oversight of Mr. Clarence Jett of the University of Missouri Internal Auditing Department on September 21,1995. No material was transferred into or out of Room 267 until September 22,1995.

(5) A University of Missouri Research Reactor employee has superv; sed all byproduct material transfers into and out of Room 267. The iirst transfer of byproduct j material was a transf'r into Room 267 on September 22,1995. The first transfer out t was a shipment on September 25,1995.

During the investigation conducted on September 20-21,1995, we understood Mr. Robert Marsh had major concerns about how we were handling the byproduct materialin Room 267. We do not believe that the University violated any regulations regarding the possession and use of the byproduct materialin Room 267. When we asked Mr. Marsh what NRC regulation he felt we were not in compliance with concerning Room 267, no specific answer was given. Therefore in an attempt to m . COLUMBIA KANSAS CITY ROLLA ST. LOUIS l

r eut ctrew w v.cn L O S YL b/43 C . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

v Page 2 .

Reply to Confirmatory Action latter CAL No. Rill.95-04 continue to meet appropriate program needs while alleviating nonspecific concerns, Mr. Steve Gunn committed to take the actions in his September 20,1995 letter (amended September 21,'1995).

MURR is in compliance with CAL-Rill-95 004.

Next, we wish to address the issues raised in the November 3,1995 exit interview of the CAL compliance inspection. We understand that you are concerned that our supervision of non-University employees working with byproduct material is insufficient to preclude the possibility of unauthorized release in the United States. Specifically, that allowing non-University employees unescorted access to byproduct topaz material in Room 267 and being involved jointly with MU employees in delivering the material to the carrier in St. Louis does not provide a sufficient barrier -

to prevent this topaz from being switched with nonbyproduct topaz. You suggest that this provides an

. opportunity for byproduct topaz to be released in the U.S. without going through the appropriate controls of an exempt gemstone license.

We have implemented the following controls to provide the barrier and documentation for inspection to validate that the byproduct topaz is only released in compliance with 10CFR regulations:

(1) We have restricted the activities in Room 267 to storage, cleaning, heat treating and sorting of MURR irradiated byproduct material that has been approved by the Gemstone QA program for non-U.S. release. No nonbyproduct topaz will be _

allowed in Room 267.

(2) All transfers into and out of the Room 2G7 are documented by MURR employees who log the date, type of transfer and mass of the transfer.

(3) MURR employees will package all shipments of byproduct topaz leaving the Center tu after weighing and documenting the weights. The packages will be sealed and

. marked to clearly differentiate them from any other packages and make unauthorized opening easily detectable.

(4) 'MURR employees will keep packages in their custody during the transfer to the air carrier and will obtain documentation of this transfer. Only MURR irradiated byproduct material will be allowed in these shipments.

It is our position that properly trained radiation workers can be relied on to follow procedures and obey regulations. The gemstone material being handled in Room 267 has all been analyzed by an extnesive QA program to ensure that each individual stone does not exceed a concentration of 74 Bq/g (2 nCi'g). In practice the concentrations are significantly below the 74 Bo/a limit. Small batches of gemstones having these very low radioactive concentrations can be surveyed with a typical GM survey instrument with no increase in count rate detected. We believe that the hazard level of byproduct material that has been certified to have a specific activity of less than 74 Bq/g including beta activity does not justify constant surveillance or physical search of trained personnel.

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. Reply to Confirmatory Action Lstter CAL No. Rill 95-04 We propose implementing the following controls governit; the activities in Room 267 to address the issues raised during the inspection November 1-3,1995. 'lhese controls will be in place December 18, )

1995 anii will replace the controls given in the CAL-RIII 95 004.:

(1) Limit by procedure the activities in Room 267 to the storage, cleaning, heat treating, sorting and handling of byproduct material that has been certified for nondomestic release by the hiURR Gemstone QA program.

(2) By procedure, require that all transfers of byproduct material irto and out of Room 267 will be supervised by a h1URR employee.

(3) By procedure, require that the date, type of transfer and mass of all transfers of byproduct materialinto and out of Room 267 be logged by a 31CRR employee.

(4) By procedure, require that $1URR employees perform or supervise the packaging of all topaz byproduct topaz leaving the center.

(5) By procedure, require that shipments of byproduct material from Room 267 will be restricted to byproduct material only, and that 31URR employees will keep the packages in their custody during transfer to the air carrier and will obtain documentation of this transfer.

(6) Compliance with the control procedures will be documented by conducting an annual audit of the physical inventory and records of the material balance in Room 267.

These steps will enhance the level of control over byproduct material located in Room 267 of hiURR.

We believe that this enhanced level of control will address the issues you raised and more than adequately protect the public from any potential hazards associated with this byproduct material. W l shipments of byproduct topaz have been made since the November 3,1995 exit. We will make shipments as needed meeting the above policies, but do not anticipate shipping until aner November 26,1995. If there are any additional questions, please call John Ernst(314 882 5226) or Charles hicKibben (314 882-5204).

Sincerely, .

V.i .

, , p J. Charles 51cKibben James J. Rhyne Associate Director Director, h!U Research Reactor and Professor of Physics xc: J. LicCormick S. Weiss, NRC/NRR/ONDB J. Ernst i

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