ML22266A092
| ML22266A092 | |
| Person / Time | |
|---|---|
| Issue date: | 11/28/2022 |
| From: | Kevin Williams NRC/NMSS/DMSST |
| To: | |
| Jenny Fisher/NMSS | |
| Shared Package | |
| ML22266A091 | List: |
| References | |
| STC-22-065 | |
| Download: ML22266A092 (7) | |
Text
November 28, 2022 ALL AGREEMENT STATES, CONNECTICUT, INDIANA NRC NMSS, NRC REGIONS I, III, AND IV AVAILABILITY OF THE REVISED INTERIM HANDBOOK ON NUCLEAR MATERIAL EVENT REPORTING FOR THE AGREEMENT STATES (STC-22-065)
Purpose:
The Office of Nuclear Material Safety and Safeguards (NMSS) is issuing a revision to the interim Handbook on Nuclear Material Event Reporting for the Agreement States. During the initial part of the comment period, the NRC became aware of reporting requirement errors that existed within Appendix A, NRC Reporting Requirements. These errors are being corrected and this version will replace the Handbook that was issued on August 3, 2022. A redline/strikeout version of the revised interim Handbook can be obtained from the NRCs public website: https://www.nrc.gov/reading-rm/doc-collections/nmss-procedures/state-agreement.html or from the Agencywide Documents Access and Management System at https://www.nrc.gov/reading-rm/adams.html (Accession No. ML22266A093). The redline/
strikeout version is to provide clarity on the changes. The comment period remains open until February 3, 2023.
Discussion: While processing a well logging abandonment request, an Agreement State identified an error in Appendix A, NRC Reporting Requirements, of the interim Handbook. Title 10 of the Code of Federal Regulations (10 CFR) 39.77, Notification of incidents and lost sources; abandonment procedures for irretrievable sources, contained requirements that were incorrectly captured in the interim Handbook. Upon further review, the NMSS staff identified that the interim Handbook, Appendix A also contained an error for 10 CFR 39.35, Leak testing of sealed sources and 10 CFR 34.101(a), Notifications. Clarifying statements were added to 10 CFR 35.3045, Report and notification of a medical event, 10 CFR 35.3047, Report and notification of a dose to an embryo/fetus or a nursing child, and 10 CFR 71.5, Transportation of licensed material.
For each regulation assessed in Tables 1 and 2 below, the discussion includes how the reporting requirement was displayed in the interim Handbook issued on August 3, 2022. The discussion also considers the past practice as well as the corrected content in the revised interim Handbook. The third column displays the content included in the newly revised interim Handbook, Appendix A.
STC-22-065 2 Table 1. 10 CFR 39.77, Notification of incidents and lost sources; abandonment procedures for irretrievable sources.
Notification Regulation Discussion (Revised Interim Handbook) 10 CFR 39.77(a)
The licensee shall immediately The interim Handbook, 30 days notify the appropriate NRC Appendix A captured this Regional Office by telephone and notification as both an subsequently, within 30 days, by immediate notification to the confirmation in writing, using an HOC and a written report to appropriate method listed in § NMED within 30 days.
30.6(a) of this chapter, if the licensee knows or has reason to The Agreement State licensee believe that a sealed source has is required to contact the been ruptured. The written Agreement State office confirmation must designate the immediately. The regulation well or other location, describe does not specify a notification the magnitude and extent of the to the HOC, so an equivalent escape of licensed materials, notification is not expected from assess the consequences of the the Agreement State. The rupture, and explain efforts Agreement State is not required planned or being taken to to notify the HOC immediately.
mitigate these consequences. In the past, the Agreement States have submitted written reports to NMED within 30 days. This is consistent with the interim Handbook, Appendix A and is not an error.
The HOC icon and the immediate text were removed from the revised Appendix. To further clarify, a footnote was added to this section. It reads The Agreement State should submit the 30 day report to NMED. The immediate notification to the regulator for well logging does NOT fall under event reporting and is therefore not captured in the Notification column in the chart.
A notification to the HOC is not required for a well logging source rupture.
The licensee shall notify the The interim Handbook, See methods in Commission of the theft or loss of Appendix A captured this as a referenced regulations.
radioactive materials, radiation notification to the HOC. This is
STC-22-065 2 Notification Regulation Discussion (Revised Interim Handbook) overexposures, excessive levels an oversimplification of the and concentrations of radiation, content.
and certain other accidents as required by §§ 20.2201 - The HOC icon was removed 20.2202, § 20.2203 and § 30.50 from the revised Appendix and of this chapter. the following text added; See methods in referenced regulations.
A note was added to the chart to provide clarification. An irretrievable source that received approval from the regulator to implement abandonment procedures is not a lost source.
If a sealed source becomes The interim Handbook, lodged in a well, and when it Appendix A captured this becomes apparent that efforts to requirement as a notification to recover the sealed source will not the HOC after it was be successful, the licensee determined that the source was shall irretrievable.
(1) Notify the appropriate NRC The Agreement State licensee Regional Office by telephone of should contact the Agreement the circumstances that resulted in State office to obtain approval the inability to retrieve the source to implement its abandonment and-- procedures. A notification to the HOC has not been required is (i) Obtain NRC approval the past and is not required to implement now.
abandonment procedures; or The reference to 10 CFR 39.77(c) was removed from the (ii) That the licensee revised Appendix. This implemented regulation does not represent a abandonment before reporting requirement.
receiving NRC approval because the licensee believed there was an immediate threat to public health and safety; and (2) Advise the well owner or operator, as appropriate, of the abandonment procedures under
STC-22-065 2 Notification Regulation Discussion (Revised Interim Handbook)
§ 39.15 (a) or (c); and (3) Either ensure that abandonment procedures are implemented within 30 days after the sealed source has been classified as irretrievable or request an extension of time if unable to complete the abandonment procedures.
The licensee shall, within 30 days In the interim Handbook, 30 days after a sealed source has been Appendix A, this regulation was classified as irretrievable, make a combined with 10 CFR report in writing to the appropriate 39.77(c).
NRC Regional Office. The licensee shall send a copy of the The past practice of Agreement report to each appropriate State States is to submit a written or Federal agency that issued report to NMED in accordance permits or otherwise approved of with 10 CFR 39.77(d). The the drilling operation. interim Handbook Appendix A correctly included this instruction.
This regulation was decoupled from 10 CFR 39.77(c).
STC-22-065 2 Table 2. Errors impacting reporting were identified in two additional areas of Appendix A.
Regulation Notification Discussion (Revised interim Handbook) 10 CFR 34.101(a), Notifications.
Incidents involving radiographic The interim Handbook, 30 days equipment: Appendix A captured an additional reporting (1) Unintentional disconnection requirement in error. It said of the source assembly from 24-hour notification to the If 30.50(b)(2) also the control cable; HOC as 30.50 also applies. applies, then a 24 hour2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> report to the HOC is (2) Inability to retract the source In the past, 10 CFR 30.50 has required.
assembly to its fully shielded not applied in every case. This position and secure it in this content was modified to position; or include an if statement.
(3) Failure of any component (critical to safe operation of the device) to properly perform its intended function.
10 CFR 39.35, Leak testing of sealed sources.
The licensee shall submit a The interim Handbook, 5 days report to the appropriate NRC Appendix A captured this Regional Office listed in requirement as a notification to appendix D of part 20 of this the HOC with 5 days.
chapter, within 5 days of receiving the test results. The In the past, Agreement States report must describe the have submitted a written report equipment involved in the leak, to NMED.
the test results, any contamination which resulted The HOC icon was removed from the leaking source, and from the revised Appendix and the corrective actions taken up a written report icon added.
to the time the report is made.
STC-22-065 2 If you have any questions regarding this correspondence, please contact me at (301) 415-3340, or the individual listed below:
POINT OF CONTACT: Jennifer Fisher E-MAIL: Jennifer.Fisher@nrc.gov TELEPHONE: (301) 415-1456 Signed by Williams, Kevin on 11/28/22 Kevin Williams, Director Division of Materials Safety, Security, State, and Tribal Programs Office of Nuclear Material Safety and Safeguards
ML22266A092 (Ltr) ML22266A091 (Pkg)
OFFICE OGC MSST/MSEB MSST/MSEB MSST/SLPB MSST/D NAME J. Olmstead J. Fisher C. Einberg D. White for K. Williams B. Anderson DATE 11/7/22 11/8/22 11/9/22 11/22/22 11/28/22