ML20055C254
| ML20055C254 | |
| Person / Time | |
|---|---|
| Issue date: | 09/19/1989 |
| From: | Lieberman J NRC OFFICE OF ENFORCEMENT (OE) |
| To: | Beckjord E NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20055C192 | List:
|
| References | |
| FRN-55FR19890, RULE-PR-20, RULE-PR-30, RULE-PR-40, RULE-PR-70 AC-91-1-42, AC91-1-042, AC91-1-42, NUDOCS 8911010112 | |
| Download: ML20055C254 (19) | |
Text
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Beckjord PDg p
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UMTED STATES Ross NUCLEAR REGULATORY COMMISSION Speis g
- f.
5, wAsMiwoTow, p. c. rosss sf 9/20 SEPa? 1989 e
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MEMORANDUM FOR:
S. Beckjord, Director
- t. 8. hife./4 Office of Nuclear Regulatory Research FROM:
James Lieberman, Director Office of Enforcement
SUBJECT:
PROPOSED F.NLEMAKING 20.403 I realize I am the proponent of the rulemaking and wanted to have minor clarification in 20.403. The new (1), (3), and (4) are helpful. However.
Idonotunderstand(a)(1)and(b)
Much more Juidance is needed to detemine what is reportable to make them enforceaale.
I also question whether this is a minor rulemaking in view of the addition of those para-graphs.
I would delete them.
I also thought NRR objected to applying 20.403(a)(3),(a)(4),(b)(3),and (4)toreactors. Why not delete thosesectionsandaddthenew(b)
,(3),and(4)to20.403.
I cann,ot concur with this current version.
James Liebeman, Director Office of Enforcement cc:
H. Thompson, DEDS R. Bernero, NMSS E. Jordan AE0D T. Murley, NRR H. Denton, GPA W. Parler, OGC 1
J. Goldberg, DGC l
R. Cunningham, NMSS Z. Rosztoczy, RES 6
891/Q/002 K&
7, b C 9 h'I (7590001) P D R s
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2 NUCLEAR REGULATORY COMMIS$10N p [pm W
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Notifications Of Incidents 7
AGENCY: Nuclear Regulatory Comission.
l 1
ACTION:
Proposed rule.
)
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$UMMARY: The Nuclear Regulatory Comission (NRC) proposes to amend its regulations to revise licensee reporting requirements regarding the Notifications of Nonreactor Incidents relating to radiation safety. This action is needed to ensure that significant occurrences are promptly reported to NRC so that the agency can evaluate whether imediate action is required to protect the public health and safety.
DATE: The coment period expires
. Cossents received after this date will be considered if it is practical to do so, but the Comission is able to ensure consideration only for coments received on or before this date.
l ADDRESSES: Mail written coments to Secretary, U.S. Nuclear Regulatory i
Comission, Washington, DC 20555, Attention: Docketing Service Branch.
Deliver comments to One White Flint North,11555 Rockville Pike, Rockville, MD, between 7:30 a.m. and 4:15 p.m. on weekdays. Copies of the regulatory
- analysis, as well as copies of the coments received on tbs proposed rule, may l
l' be examined at the NRC Public Document Room, 21201. Street NW, Washington, DC.
j l
L FOR FURTHER INFORMATION CONTACT: Joseph J. Mate, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Comis'sion, Washington, DC 20555, telephone (301)492-3795.
1 l
v 1
l SUPPLEMENTARY INFORMATION:
I n.
Background
Regulations in 10 CFR 20.403 (Notifications of Incidents) require that NRC licensees report certain events involving byproduct, source, or special nuclear r
tasterial that suse or threaten to cause:
the exposure of the whole body to specific levels of radiation; the release of radioactive material in specific concentrations; the loss of use of facilities for a specific duration; or damage to property in excess of a specific dollar amount. The events are to be reported either ismediately or within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> depending on the nature and severity of the event as defined in i 20.403.. NRC has become concerned that certain provisions of I 20.403 need to be revised because licensees have not been reporting certain significant events. Below are two examples of events that were not reported, but should have been reported to NRC.
In both cases, the licensee was cited for 10 CTR Part 20 violations.
In one case, a fire destroyed a licensee's building that contained the licensee's moisture density gauge.
Damage caused by the fire rendered the gauge unusable, although no radioactive material was released. NRC was not notified of the fire. As a result, a potentially significant event was not prgtly evaluated to detemine the adequacy of requirements established to ensure that the use of licensed material does not create a hazard to public health and safety.
NUREG 1198 (Release of UF from a ruptured cylinder) reports lessons 6
learned from another case where rupture of a UF cylinder caused the death of.
6 one' individual and injured several others. The investigation revealed a prior event at another licensee's site where, under similar circumstances, a cylinder bulged but did not rupture. NRC had not been notified of the prior event. The
' Lessons Learned" report recommended that requirements for reporting events should be reviewed to ensure that all potentially significant events are reported to NRC.
It is isportant that such events be reported promptly so that NRC can evaluate whether prospt action is required to protect the public health l
and safety.
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2
Discussion i
The existing reporting requirements in 10 CFR 20.403 are fairly general.
More specific requirements are appropriate to reduce misunderstanding by
{
licensees about the types of events that should be reported.
The NRC staff has examined the provisions of i 20.403 and decided that revisions are appropriate to better describe reportable events having significant implications for public health and safety, in final fors, this revision will also amend the major revision to Part 20 currently under consideration by the Comission.
J The requirements in paragraphs 20.403 (a)(3), (a)(4), (b)(3), and (b)(4) g g,u '
dealing with loss of operati'n and damage to property areVMeleted for
- 4. W o
material licensees set [because the staff believes these criteria are not necessarily indicative of events that pose a hazard to public health and safety Jh or the environsentf The periodic loss of operation of a facility due to age or +yps i
ar normal wear is expected and usually poses no additional hazard to the public or OcO*5 o
environment. The same is true for the cost of repairing damage which may be
)
high because of extenuating circumstances and not due to the extent of the damage or its effect on arty licensed material, The deleted sections have been replaced with new criteria which will be added to Parts 30, 40, and 70. The
).
staff believes the new requirements to these Parts are more indicative of
)
potentially significant events affecting the health and safety of the public pig j and the environment. The Cosmission specifically requests coments on the ye V@F pl appropriateness of ther.e amendments.
In order to more accurately assess the t
impact of this proposed rulemaking, the Comission also requests specific cossents on the number of reports that licensees expect might be generated b
year 1y.
The proposed asendments for Parts 30, 40, and 70 are identical. The discussion that follows is, therefore, organized by the type of requirement rather than by the part of the regulation where it is found.
A period,of four hours has been used to define the term 'imediate notification" for material licensees f This is consistent with some of the ismediate reporting requirements specified in i 50.72 for power reactors. Four g e hours was used because many material licensees do not have the capability to C
3 is inhdsd At
- t. amen nM & NRC ca,.seen as FWO)
<(,neuh d pt
,n no case bc h fewe (.4)ykws etItee d.sa-veg. s 3
i L
l quickly assess and respond to events that reactor licensees possess.
In addition, sterial licensees are usually not required to monitor operations as l
closely as do Part 90 Itcensees; finally the t'egree of harard posed by j
nonreactor events is typically such suller thr.n the hazard by reactor events.
i A discussion of the specific requirements contained in Parts 30, 40, and 70 is provided in the following paragraphs.
yy %% COA Evuh.-
MRC placis the primary responsibility on the licensee for controlling and i
using licensed storial safely.
Therefore, it is important that NRC receive i
i reports of events or conditions that threaten the health and safety of individuals using licensed mterial or that prevent the performnce of surve or other safety'related duties necessary to mintain control of licensed asterial.
A reporting requirement for these types of safety related events has been specifically included to clarify that such events must be reported.* The A bulging of a filled uranium hexafluoride cylinder may ca 9e*A no injury, but if it threatens a release of licensed sterial that individuals in the area and prevent corrective actions necessary to anterial, NRC must be aware of such occurrences so that it can respond Fer eM appropriately,
&b.M Gw,h---
A new requirement is being added for licensees to report contaminRtion events where access to an area must be restricted for more than 24 hou because of contamination.
This requirement is intended to capture an event which causes accidental contamination to an area which is in exce radiological conditions normally present..k;fd::t:1 :::t=S:th: ::::t;"-
' me m"etS: :::;;re and th: rht ef h;;;th; r:dht:tiv: :t:M If contamination is not cleaned up in a timely manner, personnel entering the area at a later date may receive unnecessary radiation exposure and risk spread the contamination to themselves, others and other areas.
It is i mortant that NRC receive notification of such events because NRC action may be nece ensure that decontamination and cleanup activities are performed in a timely manner.
Moreover, if contamination cannot be cleaned up within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />, the matter may be significant and prompt NRC*h:;::tidmay be required.
_ g,f e This r* *'
requirement is applicable to both the contamination of unrestricted areas where a restriction is imposed, and to restricted areas where additional restrictions 4
are imposed.
For example, a radioactive waste container storage area is normally locked and restricted.
But a spill contaminating the floor that is not cleaned up immediately would require workers to wear additional l
anti contamination clothing and increase the risk of further spreading the contamination during future operations in the area.
This type of situation would be reportable under the revised regulation.
I g.g $g..% hW Er.h -
A reporting requireeent requiring licensees to report events that prevent or could prevent structures or systems needed to control releases, minimize radiation exposures, or mitigate the consequences of an accident from functioning properly is being added.
This includes procedural errors, equipment failure, equipment damage, etc.
Notification is not required for an individual component failure if redundant systems are operable and are able to perform the required function.
Such events must be evaluated to determine where changes and improvements are required.41f the interlock on a shielded irradiator chan6er door malfunctions, the door could be opened when a source containing d
several thousand curies is exposed, resulting in an individual receiving a brrve,y large radiation dose in a very short time.
NRC action may be necessary to warn ((
other licensees of generic safety problems and to specify additional controls mp),
to protect occupational workers and the public.
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A requirenient has been added for licensees to report events that require medical treatment of a radioactively contaminated individual at a medical y
f acility. Such events are highly significant because theyT 1) indicate safety problems in a licensed operation, 2) risk internal contamination through open wounds, and 3) expose medical personnel to radiation and contamination. -A*/
_ g,(g er:h:ti r a;t h pe-fer:d te d:t:r:' : b;. te prev: t : y re=r=e.1#The m p W""
requirement is worded to avoid any reference to transporting the individual to h
ensure that events of this type occurring in medical facilities where no ggo,72($
transportation is required are not excluded.
To avoid numerous reports cf C0 N -
insignificant events such as a medical technician puncturing a hand with a syringe containing a radiopharmaceutical, a note is added to clarify that a notification is not required if first aid for a superficial injury is the only g
treatment rendered.
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l M u P '5'* "
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I A new requirement has been added to report all fires { involving a container, or equipment containing licensed sterial to ensure such events are promptly evaluated to, minimize any spread of contastination and determine they g, performnce of features designed to control licensed storial.
Fires + involving or damaging licensed material are of particular significance because6 'i :#can cause uterial in sealed sources to be released, generate airborne radioactive contamination and generate contaminated runoff from water used to extinguish *--Im">.
O ; :. On n;i;; Ofi:ht:h: ne ett dete t:d eat 1 ect;;;l :;;;;; ed A l
-<d--
--- -%ted d ;ignifi::st rehe: ::: d ue = :d. t Environmental Impact:
Categorical Exclusion The NRC has determined that the proposed regulations are the type of action described in the categorical exclusion 10 CFR 51.22 (c)(3)(111).
Therefore, neither a.n environmental impact statement nor an environmental assessment has : a. prepared for this proposed regulation.
Paper Work Reduction Act Statement The proposed rule amends information collection requirements that are subject to,the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). This proposed rule has been submitted to the Office of Management and Budget for review and approval of the paperwork requirements.
Public reporting burden for this collection of information is estimated to average two hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and cospleting and reviewing the collection of information.
Send coments regarding this burden estimate or any other aspect of this collection of infor1 nation, including suggestions for reducing this burden, to the Records and Reports Management Branch, Division of Information Support Services /lRM, Office of Information Resources Management, U.S. Nuclear Regulatory Comission, Washington, DC 20555; and to the Office Of Management and Budget, Paperwork Reduction Project (3150 0014), Washington, DC 20503.
6
.o 4
Regulatory Analysis The Comission hw pr6 pared a draft regulatory analysis on this proposed regulation. The analysis examines the costs and benefits of the alternatives considered by the Comission.
The draf t analysis is available for inspection in the NRC Public Document Room, 2120 L Street NW., Washington, DC. Single copies of the draf t analysis may be obtained from Joseph J. Mate, telephone (301)492-3795. The Comission requests pubite coment on the draft regulatory analysis.
Coments on the draf t analysis may be submitted to the NRC as indicated under the ADDRESSES headine.
Regulatory Flexibility Certification Based upon the information available at this stage of the rulemaking proceeding and in accordance with the Regulatory Flexibility Act 5 U.S.C.
605(b), the Comission certifies that, if promulgated, this rule will not have a significant economic impact upon a substantial number of small entities. The proposed rule affects approximately 9,100 licenses monitored by NRC under 10 CFR Part 20. The licenses are issued to academic inst'itutions, medical institutions, and industrial entities.
The proposed rule is being issued in g
order to reBuce misunderstandings by material licenseesM=0 tL types of cd events Meed to be reported to NRC.
No reporting is required by licensees unless they have an incident involving licensed material that meets the requirements specified in the proposed amendments.
Since the revised reporting requirements are essentially the same as the current reporting requirements, i
the impact on licensees should be minimal.
I Backfit Analysis l
The NRC has determined that the backfit rule, 10 CFR 50.1r9, does not apply to this proposed rule and therefore a backfit analysis is not required because these proposed amendments do not involve any provisions that would imposebackfitsasdefinedin10CFR50.109(a)(1).
7
List of Subjects in 10 CFR Part 20, 30, 40, and 70 10 CFR PART 20:
Byproduct material, Licensed material, Nuclear materials, Nuclear power plants and reactors, Occupational safety and health, Packaging and containers, Penalty, Radiation protection, Reporting and recordkeeping requirements, Special nuclear material, source material, and Waste treatment and disposal.
4 10 CFR PART 30:
Byproduct material, Government contracts, Intergovernmental relations, Isotopes, Nuclear materials, Penalty, Radiation protection, Reporting and recordkeeping requirements.
10 CFR PART 40:
Government contracts, Hazardous materials-transportation Nuclear materials, Penalty, Reporting and recordkeeping requirements, Source material and uranium.
10 CFR PART 70:
Hazardous materials-transportation Nuclear materials, Packaging and container (, Penalty, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, Security measures, and Special nuclear material.
For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 553, the NRC is proposing to adopt the following amendments to 10 CFR Parts 20, 30, 40, and 70:
PART 20 - STANDARDS FOR PROTECTION AGAINST RADIATION, 1.
The authority citation for Part 20 continues to read as follows:
AUTHORITY:
Secs. 53, 63, 65, 81,103,104,.161, 68 Stat. 930, 933, 935, 936, 937, 948, as amended (42 U.S.C. 2073, 2093, 2095, 2111, 2133, 2134, 2201);
secs. 201, as amended, 202, 206, 88 Stat.1242, as amended, 1244,1246(42 U.S.C. 5841, 5842, 5846).
8
1 Section 20.408 also issued under secs. 135, 141, Pub. L.97-425, 96 Stat.
2232, 2241 (42 U.S.C.10155,10161). For the purposes of sec. 223, 68 Stat.
958, as amended (42 tl.$.C. 2273); il 20.101, 20.102, 20.103(a), (b), and (1),
20.104(a) and (b), 20.105(b), 20.106(a), 20.201, 20.202(a), 20.205, 20.2M, 20.301, 20.303, 20.304, and 20.305 are issued under sec.161b, 68 Stat. 948, as amended (42 U.S.C. 2201 (b)); and il 20.102, 20.103(e), 20.401-20.407, 20.40B(b), and 20.409 are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C.2201(o)).
1
[4 JJ,o,+,e.s,f ",,n,sd# n. sM nad" (m ac.#3 (4 2.
In i 20.403 paragraphs (a)(3), (a)(4), (b)(3), and (b)(4) are revised.
,pe,4c3 Q <-. hm hean><d w4& % 3*d0 *' #
l 20.403 Notifications of Incidents.
h 'gj)%f g
ng %e Mcc 4 nacJeds e.g W erhrut in 6)@
(a)(3) a loss of one working week or more o'f the operation of alty facilitiesaffected(note:
does not apply to,Micensees); or At so; @ er Vo (a)(4) damage to property in excess of $200,000.
(note: does not apply C
to M11censees)
.#.403 C6) 4 yP h'*
C nI he. AYm
(
aE n
(b)Or) d (b)(().
- All ch bcewes e sNd ne%k NRc J incJeak, usq % crihem m GK3) d (6)(0, (b)(3) a loss of one day or more of the operation of any facilities affected (note: does not apply to M11censees); or RA 50,40 c.<- To (b)(4) damage to property in excess of $2,000.
(note: does not apply to eat:'.Ilicensees).
N
-Pet 3v>% w To e
e PART 30 - RULES OF GENERAL APPLICABILITY TO DOMESTIC LIC MATERIAL 3.
The authority citation for Part 30 continues to read as follows:
AUTHORITY:
Secs. 81.82,161,182,183,186, 68 Stat. 935, 948, 953,' 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2111, 2112, 2201, 9
f 2232,2233,2236,2.'8?); secs.201,asamended, 202, 206, 88 Stat.12/?, as amended. 1244, 1246 (42 U.S.C. 58/1, 58/2, 5846).
Section 30.7 also issued under Pub. L.95-601, sec.10, 92 Stat. ?951_
(42U.S.C.58E1). Section 30.34 (b) also issued under sec.184, 68, Stat. 9"4, j
as amended (#2 U.S.C. 2234). Section 30.61 also issued under sec.187, 68 Stat. 955 (42 U.S.C. 2237).
1 For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
il 30.3, 30.34(b) and (c), 30.41(a) and (c), and 30.53 are issued under sec.
161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); and il 30.6, 30.9, 30.36, 30.51, 30.52, 30.55. and 30.56(b) and (c) are issued under sec.161o, 68 Stat.
950, as amended (42 U.S.C. 2201(c)).
4.
A new 530.50 is added to read as follows:
g3 sean a.s e,
i 30.50 Notification Requirements.
M t^ a^g case (a) Isunediate notification.
Each licensee shall notify the NRC within four hours after the discovery of the following event involving licensed material:
w immedah (1) Any event or condition that r.oseshthreat to the health and safety of personnel using licensed material or that prevents the performance of duties i
exp oS*'%
necessary to maintain and verify contro of licensed material (includes fires, toxic gas releases,.r:d k::t he re'ee l
l (b) Twenty-four hour notification.
Each licensee shall notify the NRC within
)
24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> af ter the discovery of any of the following events involving licensed material:-
N (1) Any contamination event that results in triction of access to the contaminated area by workers or the public for more than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />, ptk.h disdes ec &c.h h dmMe M neceswy k (2) Any event 002:;rr,6; equipme$tht prevented er c^
4 vt-prevented-the '
'"'""-" ^*'the safety function of structures or systems needed to '^rtr:IN Pm6 Q releases of radioactive material, to prevent :;;;;r?to radiation, or to ce rexpe w es 10
~
7.
mitigate the consequences of an accident (
includes procedural errors, equipment failure, equipment damafe). ' Notification is not required for anindividualcompo6entfailureif7edundantsystemsareoperableandareable to perform the required function.
(3) Any event that requires medical treatment of a radioactively contaminated individual at a medical facility.
Notification is not required if first afdn for a superficial injury is the only treatment rendered,
" "d***"
at, latece maAnot-(4) Any fireY nvo*lving or damaging any licensed material, o mubcAl -Q.ualdy i
container, or equipment containing licensed material.
(c) Preparation and submission of reports. Reports filed with the Commissio pursuant to this section shall be prepared so that the names of individuals whc Y
have received exposure to radiation will be stated in a separate part of the report.
Reports made by licensees in response to the requirements of this section must be made as follows:
P.) '.! :::::: th:t 5:v; er. S:t:1hd ::r;:::y "-tif f: t!: Sy;t;; "" = ne# 'b th: 7:ptrt: : ;ir;d by p.regrepte (;) : d (b) ;f thi; :::tfer by 't -P ^^ t: "[ d th: FaC Op:reti:.; C::::7.1 (S
A'.' :th:ficensees shall make reports required by asagraphs(a)and(b) of this section by telephone to the PRC Operations Cent
-d by teh;rt:," Ho g
- f1;rer, er f:::i i'; t; th; :d '-f:trater Of th: :ppr:p-!:te ""C 7:;S :'"-
Mfh: 'isted 'n Apper.di; D of thi: p;rt." To the extent that the information 95^
is available at the time of notification, the information provided in such reports shall include:
(i) the caller's name and call back telephone number, l
(ii) a description of the event, including date and time, l
l l
The consnercial telephone number for the NRC Operations Center l
1s (202)951-0550.
l II Enclosure 1
4 (iii) the exact location of the event.
(iv) the isotopes, quantities, and chemical / physical form of the licensed material involved, and (v) any personnel radiation exposure data available.
(i)
Thirty-day followup written report.
In addition to the notifications required by this Part, each licensee who makes a report required by paragraph (a) or (b) of this section shall make a followup report in writing within
{
{
30 days of the initial report. These written reports shall be sent to the U.S.
Nuclear Regulatory Cosmission, Document Control Desk, Washington, DC 20555, with a copy to the appropriate NRC Regional office listed in Appendix D of 10 CFR Part 20. The reports shall include the following:
(1) a description of the event including the probable cause and the manufacturer and model number of any equipment that failed or malfunctioned, (ii) the exact location of the event.
(iii) the isotopes, quantities and chemical / physical form of the licensed material involved.
(iv) date and time of the event, l
"(v) corrective actions taken or planned and the results of any evaluations or assessments, and t
(vi) the extent of exposure of individuals to radiation or to radioactive materials.
PART 40 - DOMESTIC LICENSING OF SOURCE MATERIAL 5.
The authority citation for Part 40 continues to read as follows:
AUTHORITY:
Secs. 62, 63, 64, 65, 81,161,182,183,186, 68 Stat. 932, 933, 935, 948, 953, 954, 955, as amended, secs.11e(2), 83, 84, Pub. L.95-604, 92 Stat. 3033, as amended, 3039, sec. 234, 83 Stat. 444, as amended (42 U.S.C.
2014(e)(2), 2092, 2093, 2094, 2095, 2111, 2113, 2114, 2201, 2232, 2233, 2236, 2282); sec. 274, Pub. L.86-373, 73 Stat. 688 (42 U.S.C. 2021); secs. 201, as amended. 202, 206, 88 Stat.1242, as amended, 1244,1246(42U.S.C.5841,5842, 5846); sec. 275, 92 Stat. 3021, as amended by Pub. L.97-415, 96 Stat. 2067 (42 l
U.S.C. 2022).
12
Section 40.7 also issued under Pub. L.95-601, sec.10, 92 Stat. 2951 (42 U.S.C. 5841) Section 40.31(g) also issued under sec.122, 68 Stat. 939 (42 U.S.C.2152).
Section 40.46 also issued under sec.184, 68 Stat. 954, as amended (42U.S.C.2234). Section 40.71 also issued under sec.187, 68 Stat.
955(42U.S.C.2237).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
il 40.3, 40.25(d)(1)-(3), 40.35(a)-(d), 40.41(b) and (c), 40.46, 40.61(a) and (c), and 40.63 are issued under sec.161b, 68 Stat. 948, as amended (42 U.S.C.
2201(b));andil 40.5, 40.9, 40.25(c), (d)(3), and (4), 40.26(c)(2), 40.35(e),
40.42, 40.61, 40.12, 40.64, and 40.65 are issued under sec.161o, 68 Stat. 95 as amended (42 U.S.C. 2201(o)).
6.
A new I 40.60 is added to read as follows:
I 40.60 Notification Requirements.
AS * "' f#
J m ang cnse (a) Immediate notification. Each licenses shall notify the NRC within four hours after discovery of the following event involving licensed material:
an immelude (1)Anyeve'ntorconditionthatposes eat to the health and safety of personnel using licensed material or that prevents the performance of duties aplesum s necessary to maintain and verify control of licensed material (includes fires, L
toxic gas releases, r:di:=th: :1::=:fetc.).
(b) Twenty-four hour notification. Each licensee shall notify the NRC within l
24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> after the discovery of any of the following events involving licensed 1
material:
9
-\\
l (1) Any contamination event that results in estriction of access to the contaminated area by workers or the public for more than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />, fok k&(es er skubm % kukte eg4med neses (2) Any event ^^ncere".; : gip ::t th:t prn::ted :r :^"!d h=: ;rn:q Ac i
- t:d th:*-
&lf!!!:st [the safety function of structures or systems needed to M releases of radioactive material, to preven 4Mo radiation, or to ited citigate the consequences of an accident (M includes procedural errors,N eweg e.s 13
equipment failure, equipment damage, etc.).
Notification is not required for en individual component failure if redundant systems are operable and are able to perfom the required function.
(3) Any event that requires medical treatment of a radioactively contaminated individual at a medical facility. Notification is not required if first aid w for a superficial injury is the only treatment rendered.
at m see mu du M j
- or e.xp b s e d e foalg (4) Any fire involving or damaging any licensed material, or any device, container, or equipment containing licensed material.
(c) Preparation and subsission of reports.
Reports filed with the Commission pursuant to this.section shall be prepared so that the names of 9ndividuals who have. received exposure to radiation will be stated in a separate pcrt of the report.
Reports made by licensees in response to the requirements of this section must be made as follows:
(*) '.itm :: ti:t h=: n ir.;uile :.;.er;n:; Stif t::ti;r,
,r h., e;.ii L " NJ s
n;:-t: re;;ind by ;:r;;r:;h: (e) : S (b) ef ef: ::: tid t;, ^:!:;h::: 0; ;;; *p
- ^ Oi, elin
- Oss,^.:7. 1 h;bicensees shall make reports required by graphs (a)and(b)
Gf this section by telephone to the NRC Operations Con
- h
- ' " " ' a a - -- 4--
g ri':-22, er fn ici?f: t; th: eti-i:treter ;f th: 0;;r:;rict: #";.. sin:!"-
hm.
Offic ti;ted ir A;;-a* D of thi: m tf-To the extent that the information is available at the time of notification, the information provided in such reports shall include:
(1) the caller's name and call back telephone number, (ii) a description of the event, including date and time, i
The commercial telephone number for the NRC Operations Center is (202)951-0550.
14 L
e (iii) the exact location of the event, (iv) the isotopes, quantities, and chemical / physical form of the licensed saterial involved, and (v) any personnel radiation exposure data available.
Thirty-day followup written report.
In addition to the r.otifications required by this Part, each licensee who makes a report required by paragraph (a) or (b) of this section shall make a followup report in writing within 30 days of the initial report.
These written reports shall be sent to the U.S.
Nuclear Regulatory Cosmission, Document Control Desk, Washington, DC 20555, with a copy to the appropriate NRC Regional office listed in Appendix D of 10 CFR part 20. The reports shall include the following:
(1) a description of the event including the probable cause and the manufacturer and model number of any equipment that failed or l
malfunctioned, (ii) the exact location of the event, (iii) che isotopes, quantities and chemical / physical for of the
,, licensed material involved.
gy) M e ud 4mc 4 de **d j
(v) ' corrective actions taken or planned and the results of any evaluations or assessments, and (vi) the extent of exposure of individuals to radiation or to radioactive materials.
PART 70 DOMESTIC LICENSING OF SPECIAL NUCLEAR HATERIAL 7.
The authority citation for Part 70 continues to read as follows:
AUTHORITY: Secs. 51, 53,161,182,183, 68, Stat. 929, 930, 948, 953, 954, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2071, 2073, 2201, 2232, 2233, 2282); secs. 201, as amended, 202, 204, 206, 88 Stat.1242, as amended, 1244, 1245, 1246, (42 U.S.C. 5841, 5842, 5845, 5846).
Sections 70.1(c) and 70.20a(b) also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C.10155,10161). Section 70.7, also issued under Pub. L.95-601, sec.10, 92 Stat. 2951 (42 U.S.C. 5851). Section 70.21(g) also issued under sec.122, 68 Stat. 939 (42 U.C.C. 2152). Section 15
- ~ _ -
o X-i 70.31 also issued under sec. 57d, Pub. L.93-377, 88 Stat. 475 (42 U.S.C.
2077).
Sections 70.36 and 70.44 also issued under sec.184, 68 Stat. 954, as amended (42U.S.C.2234). Section 70.61 also 1sseed under secs. -186,187, 68 -
Stat. 955 (42 U.S.C. 2236, 2237).
Section 70.62 also issued under sec.108, 68 Stat. 939, as amended (42 U.S.C. 2138).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
il 70.3, 70.19(c), 70.21(c), 70.22(a), (b), (d)-(k), 70.24(a) and (b),
)
70.32(a)(3), (5); (C), (d), and (1), 70.36, 70.39(b) and (c), 70.41(a),
70.42(a) and (c), 70.56, 70.57(b), (c), and (d), 70.58(a)-(g)(3), and (h)-(j) are issued under sec.161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b)); il 70.7, 70.20a(a) and (d), 70.20b(c) and (e), 70.21(c), 70.24(b), 70.32(a)(6),
(c),(d),(e),and(g), 70.36, 70.51(c)-(g), 70.56, 70.57(b) and (d), and 70.58 (a)-(g) (3) and (h)-(j) are issued under sec. 1611, 68 Stat. M9, as amended (42 U.S.C. 2201(1)); and il 70.5, 70.9, 70.20b(d) and (e), 70.38, 70.51(b) and (1), 70.52, 70.53, 70.54, 70.55, 70.58(g)(4), (k), and (1), 70.59, and 70.60(b) and (c) are issued under sec.161o, 68 Stat. 950, as amended (42 U.S.C.
l 2201(c)).
l l-8.
A new I 70.50 is added to read as follows:
I 70.50 Notification Requirements.
(a) Ismediate notification. Each licensee shall notify the NRC within four hours after discoverye' ofthefollowingevent[involvinglicensed saterial:
Go imme (1) Any event or condition that poses threat to the health and safety of personnel using licensed material or that prevents the performance of duties k
up wg necessary to maintain and verify control of licensed material (includes fires toxic gas releases, 9::th: r:hiedetc.).
(b) Twenty-four hour notification.
Each licensee shall notify the NRC within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> after the discovery of any of the following events involving licensed l
material:
16
la (1) Any contaminatior, event that results in restriction ' f access to the o
contaminated area ty sorkers or the public for more than 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />.
tu budic. cp.pmert t.cca g h U0\\l (2) Any eventb~$st chsa.% v' bruka
=r 'r; ^ quip---t th:t p==ud er eeld h= p=ed.V f 1f!"
t Nhe safety function of structures or systems needed to ertr:%C$g d tt releases of radioactive material, to prevent e p=r?1o radiation, or to 'cW% rems f
mitigate the consequences of an accident (M includes procedural errors, equipment failure, equipment damage, etc.).
Notification is not required for an individual component failure if redundant systems are operable and are able to perform the required function.
i (3) Any event that requires medical treatsent of a radioactively contaminated individual at a medical facility.
Notification is not required if first aid <
for a superficial in. jury is the only treatment rendered, g a (ice,,see ru.m4a.med y exple,siem r=Ad Ocd j
(4)Anyfire olving or damaging any licensed material, or any device, l
container, or equipment containing lies sed material.
l (c) Preparation and submission of reports.
Reports filed with th_e Cosmission l
pursuant to this section shall be prepared so that the names of individuals who
/
1 have receivst' s -.
+ to radiation will be stated in a separate part of the report. Report m.de by licensees in response to the requirements of this section must.e sNe as follows:
(1) " h=n 3,14dweports r quired by pere;r:ph: (:) e d (b) Of tht ?
ectier. by w 4,6e m. w w unc Operati = C et:r.
d
(,f) M All ethe?)icensees shall make reports required by p graphs (a) and (b) m bh of this section by telephone to the NRC Operations Cente
'"----4
--il;re, er fr.::iailk u the ed 'aistrater of the 2;prcprute SC-regir:M
-ef : litud u f.pped' D cf this perte To the extent that the information is available at the time of notification, the information provided shall L
include:
i The connercial telephone number for the NRC Operations Center is (202)951-0550.
17
4 (1) the caller's name and call back telephone nuder, (11) a description of the' event, including date and time, (iii) the exact location of the event, (iv) the isotopes, quantities, and chemical / physical form of the licensed material involved, and (v) any personnel radinfon exposure data available.
~
[i)
Thirty-ep fatiotup written report.
In addition to the notifications required by PMs Part, each licensee who makes a report required by paragraph (a) or (b') of this section shall sake a followup report in writing within 3B days of the initial report.
These written reports shall be sent to the U.S.
Nuclear Regulatory Comission, Document Control Desk, Washington, DC 20555, with a copy to the appropriate NRC Regional office Ifsted in Appendix D of 10 CFR Part 20.
The reports shall include the following:
1 (1)
I a description of the event including the probable cause and the manufacturer and model number of any equipment that failed or malfunctioned.
(11) the exact location of the event, (iii) the isotopes, quantities and chemical / physical for of the licensed material involved.
(iv) date and time of the event, (v) corrective actions taken or planned and the results of any evaluations or assessments, and (vi) the extent of exposure of individuals to radiation or to radioactive materials.
Dated at Rockville, Maryland, this day of
, 1989.
For the Nuclear Regulatory Comission, l
L James M. Taylor Acting Executive Director for Operations 18
.