ML20217P767
| ML20217P767 | |
| Person / Time | |
|---|---|
| Issue date: | 11/01/1995 |
| From: | Renee Taylor NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Johnson T HOUSE OF REP. |
| Shared Package | |
| ML20217P760 | List: |
| References | |
| TASK-TF, TASK-URFO NUDOCS 9708280228 | |
| Download: ML20217P767 (7) | |
Text
w i
' e, rq odtg g
k.
UNITED STATES y
g j.
NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 30665-0001 yg*
Nownber 1.1995 The Honorable Tim Johnson Member, United States House of Representatives 809 South Street Sulte-104 Rapid City, South Dakota 57701
Dear Congressman.lohnson:
I am responding to your October 4 -1995, letter in which you asked that we consider the views expressed in the September 29, 1995, letter from your constituent, Mr. Gary Norton, Radiation Safety Officer, Alliance of Architects and Engineers. Mr. Norton's, letter was sent to the U.S. Nuclear Regulatory
-Commission in response to its request for public comments on a proposed rule to grant an automatic 5-year extension of the expiration date for the majority of materials licenses. Mr. Norton commented favorably on the proposed rule, but expressed concerns over the impact of NRC's inspection and fee recovery programs on small businesses.
-Mr. Norton states that NRC's licensing fees create an undue hardship on small companies such as his, which has approximately 20 em)1oyees and only two nuclear density / moisture gauges. He believes that tie licensing for those types or gauges should be for a 10-year increment with an inspection every 5
- years,
.iless a licensee has a history of noncompliance or an incident has occurred. Mr. Norton stated that requiring licensees to pay for each inspection can present an undue hardship on small companies. He also suggests that the annual fee be tiered based on the number of nuclear devices a licensee has and that this fee should be in the range of $250 por device per year.
The Omnibus Budget Reconciliation Act of 1990 requires that the Commission recover 100 percent of its budget authority, less appropriations from the 1991 through 1998, by assessing Nuclear Waste Fund, for Fiscal Years (FY) budget NRC assesses licensing and license and annual fees. To recover the inspection fees under 10 CFR Part 170 and annual fees under 10 CFR Part 171.
Fees assessed under Part 170, for materials licenses, currently include license application fees, amendment fees, renewal fees, and in some cases, inspection fees. Annual fees recover NRC's generic and other costs that are not recovered as identifiable services to saecific licensees and applicants under Part 170. The annual fees allocate tie Commission's generic costs that are attributable to a given class of license (e.g., nuclear gauge) to th:t class.
NRC realizes that fees do have-a financial impact on NRC licensees, particularly in regard to smaller programs. To alleviate these impacts, the Commission has established maximum annual fees for those licensees that qualify as small entities under NRC's size standards. For FY 1995, the previous size standards were revised to provide more licensees opportunity to qualify as small entities. The annual gross receipts thresholds were raised
~
9708290228 951101 PDR ORG
o The Honorable Tim Johnson from $3.5 million to $5.0 million to qualify for a maximum annual fee of $1800 per Itcensed category, and from $250,000 to $350,000 to qualify for a maximum annual fee of $400 per licensed category. Additionally, a new small entity fee for manufacturing industries with 35 to 500 employees has been established at $1800, as well as a lower-tier fee of $400 for those manufacturing industries with less than 35 employees.
The Commission believes that establishing a maximum annual fee is the most appropriate approach to minimize the impact on small entities.
The Commission also recognizes that this approach does not eliminate all impacts. However, it strikes a balance between the requirements of the Public Law to collect 100 percent of the budget by recovering costs attributable to a class of licensees from that class, and the Regulatory Flexibility Act requirement to consider the impact on small entities.
In the final revision to the annual fee regulation for FY 1995, which went into effect July 20, 1995, several major changes were made that are beneficial to most materials licensees, including those holding licenses for nuclear density / moisture gauges. A Oange in the method of allocating costs of certain NRC activities resulteC in reduced annual fees, compared to FY 1994, for most small materials licensees.
For nuclear density / moisture gauge licenses, for example, the annual fee was reduced approximately one-third, from $2470 in FY 1994 to $1700 for FY 1995. Another major change addresses Mr. Norton's concern about the inspection fees.
Inspection fees are no longer assessed for inspections of most small materials licensees--including those for nuclear density / moisture gauges--that are conducted after October 1, 1994.
Rather, those fees are now included as part of the annual fee.
The net effect is that as long as The Alliance of Architects and Engineers qualifies as a small entity, it will only be charged up to the maximum annual fee established for small entities and not fees for inspections.
Mr. Norton also provides comments on the NRC ins)ection program.
The NRC inspection program is documented in NRC Manual Clapter 2800, " Materials Inspection Program" (copy enclosed).
Routine inspection frequencies for materials licensees are based on the hazard posed by the licensed activity.
NRC policy requires that all new licensees he inspected within 1 year of license issuance.
Current policy includes provisions for staff to extend or reduce the time period between inspections based on licensee performance er information obtained during the inspection process.
For example, a licensee in possession of a moisture-density gauge will be routinely inspected every 5 years. This cycle could be extended for another 2 years, for good performance.
NRC has undertaken several initiatives in the past to identify ways of reducing the regulatory burden on licensees and ways that NRC could streamline its operations in an effort to reduce NRC resources. A major study to reduce both licensee and NRC resources in the licensing process was initiated in 1994 and a major study to review the inspection process is scheduled to begin in 1996. The review of the licensing process has identified several potential areas where the process could be streamlined.
One of the issues identified by this study for further review was the license term.
Staff is currently
.,7 The Honorable-Tim Johnson-.'
reviewing this area to determine if the current policy of a 5-year license should be changed. - As part of this review, staff will consider the impact of the license renewal process on the licensees and the need for the Commission to maintain contact.
In concluding,-let me assure you that NRC takes the views expressed by the 1
public into consideration when making decisions. All proposed rules, including changes to the NRC fee regulations, are published in the Federal Reaister for public c5mment, in addition, copies of proposed and final fee regulations are mailed to all licensees, with a transmittal memorandum summarizing the major proposed and final changes. Mr. Norton's comments on-
_the proposed rule (Federal Rgaister Notice 60 FR 46784), which provides for an automatic 5-year extension un the expiration date for certain materials licensees, will be considered during the finalization of this rule.
I hope the informat;cn provided above is useful to both you and Mr. Norton, and responds to your concerns.
Sincerely,
,e i
s
. Tayfor E ecutive Director for c, '
Operations NRC Manual Chapter 2800 4
4 1
[
=
v~v The Honorable Tim Johnson reviewing this area to determine if the current policy of a-5-year license should be changed.
As part of this review, staff will consider the impact of the license renewal process on the licensees and the need for the Commission to maintain contact.
In concluding, let me assure you that NRC takes the views expressed by the public into consideration when making decisions. All proposed rules, including changes to the NRC fee regulations, are published in the Federal Reaister for public comment.
In addition, copies of proposed and final fee regulations are mailed to all licensees, with a transmittal memorandum summarizing the major proposed and final changes. Mr. Norton's comments on the proposed rule (Federal Reatster Notice 60 FR 46784), which provides for an automatic 5-year extension on the expiration date for certain materials licensees, will be considered during the finalization of this rule.
I hope the information provided above is useful to both you and Mr. Norton, and responds to your concerns.
Sincerely, dby Originalsigne James M.Tsylor James M. Taylor Executive Director for Operations
Enclosure:
NRC Manual Chapter 2800 DISTRIBUI19N: ED00000728 NRC Central File CPoland JTaylor IMOS r/f CEstep dMHheen EDS PROOFED / APPROVED 10/25 IMS r/f ED0 r/f HLThompson WSS r/f DNorris JHeha RScroggins GJackson DOCUMENT NAME: A: Alliance N="*$ l$UtNtYdN*$ *EEU$!fE'"' '* ^*'
0FC
-IM08 NMSS*
IM0B*
OC*
IMNS NAME CHaney/ch/11 EKraus GPangburn PRabideau FCombs by note of
.EL-
!../.E!,!
Jg24,f,gg,,,,,,ggg95 10/23/95 lg 2g/ g OFC IMNS NMSS NMb _
DEDS /
EDO /
NAME DCool MKnapp CPaYriello HLThhmIson JT_aflor
/J /95 10 / % / 9 5
/0 /N/95 I
DATE 10/25/95
/ /95 10
-0FFICIAL RECORD COPY:
(bb
= y),
y6
The Honorable Tim Johnson reviewing this area to determine if the current policy of a.5-year license should be changed. As part of this review, staff will consider the impact of the license renewal process on the licensees and the need for the Commission to maintain contact.
In concluding, let me assure you that NRC takes the views expressed by the public into consideration when making decisions. All proposed rules, including changes to the NRC fee regulations, are published in the Federal ResisitC for public comment.
In addition, copies of proposed and final fee regulations are mailed to all licensees, with a transmittal memorandum summarizing the major proposed and final changes. Mr. Norton's comments on the proposed rule (Federal Reaistic Notice 60 FR 46784), which provides for an automatic 5-year extension on the expiration date for certain materials licensees, will be considered during the finalization of this rule.
I hope the information provided above is useful to both you and Mr. Norton, and responds to your concerns.
Sincerely,Aby OddM1 d0re Jams A1.T6y!0r James M. Taylor Executive Director for Operations
Enclosure:
NRC Manual Chapter 2800 Dl3IRIBUTION: ED00000728 NRC Central File CPoland JTaylor IN08 r/f CEstep ditt%een EDS PROOFED / APPROVED 10/25 INNS r/f EDO r/f HLThompson NMSS r/f DNorris Jt6 elta RScroggins GJackson DOCUMENT NAME: A: Alliance N N li MtNcOtf.nYe*d N'N 'NINNm~'~~'*
0FC IM0B i4 MSS
- IM0B*
OC*
IMNS NAME CHaney/ch/il EKraus GPangburn PRabideau FCombs by note of 5.IE,,,,,,,,,,,,1g2,g,g,,,,,,,lg2,4,/,g,-,,g,g95 l0gg j,p[gg, OFC IMNS NMSS NMSfJ DEDS /
EDO /
NAME DCool MKnapp CPa riiello HLThhson JTdlor DATE 10/25/95
/ /95
)0 /JI/95 10 / % / 9 5
/0/$/95 0FFICIAL RECORD COPY:
L The Honorable Tim Johnson reviewing this area to determine if the current policy of a five-year license should be changed. As part of this review, staff will consider the impact of the license renewal process on the licensees and the need for the Commission to maintain contact.
In concluding, let me assure you that NRC takes the views expressed by the public into consideration when making decisions. All proposed rules, including changes to the NRC fee regulations, are published in the federal Reyfster for public comment.
In addition, copies of proposed and final fee regulations are mailed to all licensees, with a transmittal memorandum suinmarizing the major proposed and final changus. Mr. Norton's comments on the proposed rule _(Federal Register Notice 60 FR 46784), which provides for an automatic 5-year extension on the expiration date for certain materials licensees, will be considered during the finalization of this rule.
I hope the information provided above is useful to both you and Mr. Norton, and responds to your concerns.
Sincerely, James M. Taylor Executive Director for Operations
Enclosure:
NRC Man sal Chapter 2800 Q))IRIMIl0N: ED00000728 NRC Central File CPoland JTaylor IMOS r/f CEstep JMilhoan IMNS r/f ED0 r/f HLThompson NNSS r/f DNorris JBlaha RScroggins GJackson DOCUMENT NAME: A: Alliance k= N Ot E t N t Y Nu
'M d.
oe OFC IM0B d
NMSS*
IM0B*
OC*
(INNSO bf
^
NAME CHa
/ch/11 EKraus GPangburn PRabideau 6
by note of D,A]E,,,,,,
L 10 2g g,, A0 23/9buman N a mma mm.
OFC IMNb f, S
' /lNd Mk [
CNpNiello HLThompson JTaylor II/u'/95
[ 95
/D t1I/95
/ /95
/ /95 DATE 0FFICIAL RECORD COPY:
should be changed. As art of this review, staff will consider the impact of the license renewal process on the licensees and the need for the Commission to maintain contact.
In concluding, let me assure you that NRC takes the views expressed by the public into consideration when making decisions. All proposed rules, including changes to the NRC fee regulations, are published in the federal Register for public comment.
In addition, copies of proposed and final fee regulations are mailed to all licensees, with a transmittal memorandum summarizing the major proposed and final changes. Mr. Norton's commente on the proposed rule (federal Register Notice 60 FR 46784} that provides for an automatic five-year extension on the expiration date for certain materials licensees, will be taken into account during the finalization of this rule.
I hope the information provided above is useful to both you and Mr. Norton.
Sincerely, James M. Taylor Executive Director for Operations 1
Enclosure:
As stated cc: Darrell W. Shoemaker DISTRI5ilHQN: ED00000728 NRC Central File CPoland JTaylor IMOS r/f CEstep JMilhoan 11045 r/f ED0 r/f HLThompson letSS r/f DNorris J01aha R$croggins GJackson DOCUMENT NAME: A:Al1iance I O $ i hS t b $ t f.n UeAudIoe t
0FC-IM0B-6 NMSS IMOSf,d IMNS OC 6
NAME CH$Ie'yh/ll EKraus GPan$ urn FCombs b [a N M DATE M/ 23/95 95
') J 95
/ /95' k; /13/95 -
/
-sammamm mummmm a mummu a summme amerna um mumm maammum 0FC IMNS NMSS NMSS DEDS EDO NAME DCool MKnapp CPaperiello HLThompson JTaylor DATE
/ /95
/ /95
/ /95
/ /95
/ /95 0FFICIAL RECORD COPY:
%q$,
t UNITED STATES p
NUCLEAR REGULATORY COMMISSION
^
f WASHINGTON, D.C, 30665 0001 g...../
NRC INSPECTION MANUAL iMOB MANUAL CHAPTER 2800 MATERIALS INSPECTION PROGRAM 2800-01 PURPOSE To establish the inspection program for licensees authorized to possess and use licensed radioactive naterial for: radiography; medical programs; academic, research, and industrial uses; waste disposal operations; manufacturing and distribution of products; leak testing, calibration, and other types of services, and transportatien related thereto.
2800-02 OBJECTIVES 02.01 To establish the general policy for the materials inspectior, programs.
02.02 To define s pecific requirements for a performance-based materials inspection program that gives licensees credit for good performance by extending the interval of the next inspection and requires poor performers to be inspected more frequently.
02.03 To place the major emphasis of the materials inspection program on timely and thorough follow'Jp of events.
02.04 To establish core and non-core inspection priorities for all licensees and a program of special inspection activities to be specified by the Office of Nuclear Material Safety and Safeguards.
02.05 To aid in the achievement of a consistent process of inspection for materials licensees.
2800-03 DEFINITIONS 03.01 Lore Insoection. All initial inspections (priorities 1, 2, 3, 5, and 7) and all routine inspections of priority 1, 2, or 3 licensees. Note: The use of priorities 4 and 6 frequencias have been discontinued.
03.02 Initial Insoettion. The first inspection after a license is issued to a licensee.
03.03 Inspection.
The act of assessing licensee performance to determine whether the licensee is using radioactive material safely and whether an individual or organization is in compliance with established standards, such as regulations, license conditions, and the licensee commitments submitted in support of a license (and incorporated by " tie-down" conditions).
Inspections involve a visit to a licensee's facility and/or temporary jobsite by U.S. Nuclear
-Issue Date: 04/17/95 2800 Enclosure qpgcgg 3 g g-
p Regulatory Commission inspector (s), observations of licensed activities,'
interaction with licensee personnel, and transmission of the inspection findings.
Pre-licensing visits or telephonic communications are not considered inspections.
03.04 Inspection Plan. A written outline listing the licensee's activities and programs that will be covered during an inspection.
03.05 Insoection Priorities. -The inspection priority. assigned to a license is the frequency of routine inspections, expressed in years.
For example, a priority 2 means that the licensed program is routinely inspected every other year. The priority is based on the potential radiation hazard of the licensee's programs. A licensee with an inspection priority 1 presents the greatest risk-to the health and safety of the public and the environment; this priority requires the most frequent inspections (every year) because of th3 nature of the operations.
A licensee with an inspecticn priority 5 involves much less
. potential for risk to health and safety and requires less frequent inspection Tvery 5th year).
03.06 Non-Core Inspection.
All routine inspections of priority 5 or 7 licensees, other than initial inspections.
4 03.07 Reactive Insoection.
A s)ecial inspection in response to an incident, allegation, or special informat on obtained by NRC (e.g., misadministration reports, other Federal agency interests). Reactive inspections may focus on one or several issues, and need not examine the rest of a licensee's program. If the reactive inspection does not cover the activities normally reviewed on a routine inspection, then it does not satisfy the requirement to inspect the licensee at an established frequency.
03.08 Routine Inspection.
Periodic, comprehensive inspections performed at a specified frequency, as defir.ed in Enclosure 1 of this Inspection Manual Chapter (IMC).
03.09 Special Inspection Activities. Those inspection activities specified in Section 2800-06 of this IMC where special guidance is needed. Those activities
- 1) inspections of expired licenses, terminated licenses, and licensees cover:
undergoing decommissioning; 2) inspections of significantly expanded licensee programs; 3) reciprocity inspections; 4) temporary jobsite or field site inspections; 5) team inspections; 6) inspections of abandoned licenses; and 7) general-licensee inspections.
03.10 Jeam Inspections. For the purposes of this IMC only, team inspections are defined as those inspections conducted by three or more inspectors, or any materials inspection that includes an inspector from outside NRC (other than members from State Radiation Protection Organizations). Often, at least one of the inspectors is included on the team because of specialty in a particular field, or at least one of the team members comes from a different region or Headquarters. Team inspections can be routine inspections of a major licensee, or-reactive inspections in response to a particular incident or event.
Team inspections do not include those where a supervisor or program office staff
-member accompanies an inspector to evaluate the inspector's performance. In this context, team -inspections are not_ meant to-cover Augmented Inspection-Teams (AITs) or Incident Investigation Teams (IITs), described in Management Directive 8.3, "NRC Incident Investigation Program."
03.11 Teleohonic Contacts. These are contacts, made by telephone and documented in the licensing file, to: determine the status of licensees' activities, to
- assess compliance, or to exchange information with the licensee.
Examples - such 2800- Issue Date:
04/17/95 i
as reminding a licensee that its license is near expiration, calling to determine whether there are sufficient licensee operations to conduct an inspection (see Section 2800-05, ' Changes in Inspection Frequency"), or calling to determine whether the licensee actively possesses licensed material are types of telephonic contacts. Telephonic contacts are not considered inspections.
2800-04 INSPECTION PRIORITIES The Materials Inspection Program designates reactive inspections as being of highest priority, followed by core inspections.
Non-core inspections are designated to be the lowest priority inspections, and should be performed as resources permit.
All routine materials inspections should be performed on an unannounced basis, with the exception noted below.
Since considerable travel is required, inspectors may telephone licensees located in Guam, American Samoa, Hawaii, Alaska, or other remote locations to verify that a routine inspection can be performed before undertaking such travel.
Each new license issued by the regional office shall be assigned a primary program code by the license reviewer, which sets the inspection priority and schedules the initial inspection in accordance with the guidance below.
If a license involves more than one type of use, the type associated with the highest priority (most frequent) inspection shall establish the inspection priority.
Inspection plans shall be developed for all routine inspections of major licensees and all team inspections. Major licensees include those programs that routinely use large quantities of radioactive material, such that special facilities and procedures are necessary for handling and control (i.e., broad-scope academic, broad-scope medical licensees, and large manufacturers).
Inspection plans may also be developed for any other inspections, as decided by the region.
The inspection field notes should be documented (a checkoff will suffice) to indicate whether or not an inspection plan was prepared. After the inspection, the inspection plan may be discarded.
It need not be filed or kept by the region.
04.01 Basic Inspection Process.
The purpose of this IMC is to describe the types of materials inspections and the general inspection program.
It is not within the scope of this IMC to provide detailed guidance on conducting the inspection itself. That type of guidance can be found in the referenced manual chapters and inspection procedures listed in Section 2800-11.
Although NRC conducts different types of materials inspections, as described in this IMC, all inspections contain certain routine steps, as described below, a.
First the inspector prepares for the inspection by reviewing appropriate backgrcund material (e.g., license, quality management program (QMP),
past inspection reports, incident files, related allegations, and other pertinent information).
The inspector identifies the location of the licensee and works out travel arrangements.
The inspector should have the itinerary approved and discuss special aspects of the inspection with his or her supervisor.
Finally, the inspector selects appropriate and calibrated radiation detection instrumentation to take and acquires the necessary inspection forms (such as blank field notes and an NRC Form 591),
b.
Next, the inspector conducts the onsite inspection. This usually begins with an entrance meeting with appropriate licensee personnel. Inspectors Issue Date:
04/17/95 2800
e sh:uld ensure that licensee canagement is made arare of the inspection.
Observations of licensee operations, interviews with staff, document review to complement and support inspector observations, and radiation surveys to obtain independent and confirmatory measurements should then be conducted.
Emphasis should be placed on observing licensee
{
performance as it relates to staff training, equipment operation and i
adequacy, overall management of the licensed program, and integration of safety.
Review of licensee records and other documents should be directed toward verifying that current o)erations are in compliance and further review of " historical" records saould only occur if the current records are out of compliance and the inspector believes it necessary to determine the presence of a prevalent or persistent problem.
- Finally, the inspection concludes with an exit meeting with licensee management.
c.
After returning from an inspection trip, the inspector shall discuss the results of the inspection trip with his or her supervisor.
This discussion should be sufficient to alert management to significant enforcement, safety, or regulatory issues.
This raeeting need not be documented, but it should be held in all cases.
To complete the inspection, the inspector documents the inspection results in accordance with guidance in this IMC and other chapters and inspection procedures.
04.02 Reactive Insnections.
Inspections performed to follow up on incidents (e.g., misadministration, overexposure, and loss or release of significant quantities of radioactive materials) take precedence over the routine inspection program.
Regional management shall promptlj assess the preliminary information received concerning the incident and will determine if a reactive inspection is necessary. Regional management, in consultation with the Division of Industrial and Medical Nuclear Safety (INNS), shall also determine if the event warrants the recommendation for an AIT or IIT, rather than a reactive inspection. The emphasis during the reactive inspection will be on the analysis of the sequence of events and the conditions that existed at the time these events occurred. The analysis should lead to the determination of contributing factors and root causes, and to the formulation of corrective actions to prevent recurrence. Generally, issues of compliance will be addressed after all safety issues and program weaknesses are identified and clearly understood.
Reactive inspections involving medical misadministration will be performed using the guidance in Management Directive 8.10, "NRC Medical Event Assessment Program." All other reactive inspections will be performed using the guidance in Inspection Procedure (IP) 87103.
Inspections resulting from allegations will be documented in accordance with Management Directive 8.8.
A narrative inspection report will be written for all reactive inspections. The narrative report will include a discussion of the sequence of events leading up to the incident, the contributing and root causes of the event, corrective actions taken or proposed by the licensee, and a discussion of the regulations applying to the incident.
04.03 Core Insoections. These are comprised of routine and initial inspections, a.
Initial inspections of all licensees in any priority. The time interval from license issuance to an onsite inspection is based on whether the licensee has possessed material or performed operations under the license (i.e.,
initiated licensed activities).
Initial inspections of new 2800 Issue Date:
04/17/95
licensees should be announced. Initial inspections of licensees shall be
' performed within 6 months of receipt of licensed material, within 6 months. of beginning licensed activities, or within l' year of license
^
issuance, whichever comes first.
Once onsite, the inspector should interview licensee staff (management and technical) to determine if licensed material has been possessed or licensed operations have been performed.
Methods for determining if licensed activities have been performed include, but are not limited to the following:
performing a site tour, performing confirmatory measurements, and/or contacting distributors of radioactive material, such as local radiopharmacies, to see if they have distributed matcrial to-the licensee.-
If the licensee has possessed licensed materials or performed licensed operations, then the inspector should conduct an inspection in accordance with Section 04.01 and other applic0ble guidance.
If it is determined that the licensee has not possessed licensed material or_ performed licensed operations, the inspector should:
1.
Determine the licensee's plans for future possession of licensed material or plans to perform licensed operations.
sssessing the licensee's future plans, the inspector should detern...e if adequate facilities and equipment are in place to safely handle licensed material, as described in the license application.
@J1: All material licenses issued after September 24, 1992, should contain a condition requiring that the licensee notify NRC when a decision is made not to complete the facility, acquire equipment, or possess and use authorized material.
The inspector shoald remind the licensee of this license condition.
2.
Use this opportunity to discuss the license and applicable regulations with the licensee.
The inspector should include a discussion on unique license conditions.
3.
Request that the licensee notify NRC before receipt of licensed material or initiation of licensed operations.
4.
Document the onsite inspection by placing a r.ote in the licensing
-file, signed by the inspector and the inspector's supervisor, that briefly summarizes the following:
individuals contacted, actions taken by the inspector to verify license status, and the licensee's plans for future possession of material or plans to perform li ensed operations.
5.
Provide written acknowledgment to the -licensee documenting the inspection. This correspondence should restate the licensee's plans for future possession of material or plans to perform licensed operations and request that the licensee inform NRC when licensed activities have been initiated.
6.-
Record this onsite visit as an inspection in the Licensing Tracking System (LTS). After an initial inspection in which no material was possessed or received, an inspection shall be scheduled at the routine frequency as described in Enclosure 1;
- however, on
,otification-from the licensee (in accordance with NRC standard license condition) that licensed material has been received, another Issue Date:
04/U/95 2800
~
4 inspection shall be perfonned within 1 year of receipt of licensed material.-
This inspection should also be recorded-in the Inspection _follewup System (IFS).
7.
Send a copy of the inspection report to the License Fee and Debt Collection Branch (LFDCB), -Division of Accounting and Finance, Office of Controller, for the appropriite fee assessment.
New licenses that are issued because a licensee did not file a~ timely application for license renewal are itqt required to receive an initial inspection in.accordance with this section, unless more than 6 months have elapsed between the date the initial license expired and the due the renewal application was submitted, b.
Enutine insPRthns of licenses in priorities 1 through 3.
These inspections sna11 be conducted at intervals in years corresponding to the inspection priority. If the licensee has possessed material or performed l' censed operations since the last inspection, the inspector should pe: form a routine inspection of the facility as defined in IP 87100. If the licensee has not possessed material or parformed licensed operations since the last inspection, the inspector should follow the instructions l
in Section 04.03(a)(1) through (7).
04.04 Hgn_(gr_g Lqsngg11gni.
These 'are inspections of priority 5 licenseos.
Priority 5 licensees shall receive onsite inspections in accordance with the inspection priorities described in Enclosure 1.
04.05. Telephqttig,_Cantas.t.5,.
For priority 7 ' licensees, the regions shall use telephone contacts in lieu of an onsite inspection, with the exception of initial I
or reactive inspections. As defined in Section 2800-03, telephone contacts are useful-for staying in touch with priority 7 licenseen. Prot;edures for using the telephonic contacts are included as Fnclosure 2.
A telephone questionnaire is attached as Enclosure 3 and standard responser back te licensees contacted by telephone are included as Enclosures 4 and 5.
Tnis questionnaire should be completed, signed by the inspector, placed in the licensing file, and the inspection date (next telephone contact) should be changed in the LTS.
2800 05 CHANGES IN INSPECTION FREQUENCY l
05.01 Extension of Insoection freougned La.
-The interval between inspections shall be extended (lengthened) beyond that -specified by the priority system on' the basis of _ good licensee perfonnance. The main consideration in exter. ding the inspection interval should be evidence of a well-managed and effective radiation safety progra;t that shows a history of compliance. Specifically, the inspection
' frequency shdl:be extended, for licensees seeting the following-sconditionsr L
the.violationr identified during. the licensee's current and preceding inspections met the criteria for documentation on an NRC Form 591* and no more than twolvloittions per inspection are l
Severity Level IV; and l
- -See Enclosure-6_for examples of violations that can be cited on an NRC l_
Form 591.-
l 7800 Issue Date:
04/17/95 1
T.
the licensee has not hau a significant program change since the preceding inspection. Significant program changes should relate to changes in the ' scope or type of operations, changes in the authorized sterials or possession limits, changes in key personnel, or changes in locations of use.
(NOTE: Extension should not be considered for licensees who have undergone significant program
- changes, to ensure that the licensee can maintain adequate perfomance over the next inspection period.)
_Licennes that meet the above critoria shall have their inspection interval extended as follows:
Priority I increased up to 2 years Priority 2 increased up to 3_ years Priority 3 increased up to 5 years Priority B increased up to 7 years for instance, a radiographer (priority I) who meets the above criteria may have his/her next inspection due date lengthened to 2 years from tne last inspection.
A portable gauge licen:me (priority 5) that meets the above criteria may have its next inspection due date lengthened to 7 years from tha last inspection (rather than 5).
The extension shall be valid only until the next inspection, but may be renewted on the basis of repeated favorable findings.
b.
The designated inspection priority for these licensees should not be changed in the LTS. However, the inspector is responsible f(,r initiating the change in the "next inspection date" field in the LTS which will contain the extended date for the next inspection.
To identify the extended inspection date in the LTS, the letter "E" shall be entered under "Special Inspection Codos" on the " Inspection and Enforcement Screen" of the iTS.
i c.
To document the extension in the interval between inspections, a brief note (e.g., in the field notes) should be written by the inspector, approved and signed by the inspector's immediate supervisor, and placed in the licensing file, d-The decision to exter,d the inspection should be made immediately after each routine inspection.
05.G2 fL@LC11ka 0f LDM11RD_Ett44MGX a.
The interval - tietween inspections may be reduced (shortened) and
)
inspections conducted more frequently than specified in the priority system on the basis of poor licensee perfomance. The main consideration in reducing the inspection interval should he evidsnce of moderate to severe problems in the Itcensee's radiation safety program.
Poor complir.nce history is one indicator of such problems. Lack of management involvement or control over the radiation safety program is another indicator. Specifically, licensees that meet the following conditions thall be considered for reduction in inspection interval:
1.
II, or III violation on the most recent inspection, or Issue Date: 04/17/95 2800
2.
issuance of an Order or oscalated enforcement on the most recent inspection, or 3.
If a
" management paragraph"
- appears, in the cover letter transmittihg the notice of violation on the most recent inspection (i.e., a paragraph that requires the licensee to address adequate t
management control over the licensed t.rogram), or 4.
an event requiring a reactive inspection, or 5.
repetitivo violations.
The above list is not exhaustive; the inspection frequency can and should be reduced for any othur reason deemed aertinent by regional nnagement.
An example would be an enforcement conference where the outcomo did not include escalated enforcement action, but did indicate the need for the licensee to improve some.;spect(s) of its compliance program.
Licensees that meet the above criteria may have their inspection Merval reduced by any length, for instance, a priority 5 licensee with a 3uor perfort.;&nce record could bu rescheduled for its next inspection ' n 3 yearr 4ther than 5. Or a 3rlority I licensee with a Severity Level Ill violat,a could be rescheduled for its next intpection in 6 months. The reduction shall be valid only until the next inspection, but regional management shall consider the results of the next inspection when determining whether the reduced frequency should be continued, changed, or returned to rarmal.
b.
The designated inspection priority for these licensees should not be changed in the LTS. However, the "next inspection date" field in the LTS should be changed to contain the reduced date for tho next inspection.
To identify the reduced inspection date in the LTS, the letter "R" shall be entered under Special Inspection Codes on the Inspection and Enforcement Screen of the Li$,
c.
To ament the reduction in the interval between inspections, a brief n( te ge.g., in the field hotes) should be written by the inspector, approveo and signed by the inspector's immediate supervisor, and placed in the licensing file.
05.03 Edtedgling_lmoections. To achieve the goals of cost saving and efficient use of staff time and travel, inspections (other thas, initial inspections) may be aheduled within a window around their inspection due date.
Inst,ection of licensees in priorities 1 through 3 may vary around their due date by i 25 percent. Inspection of priority 5 licensees may vary around their due date by i 1 year. Inspections will not be considered " overdue" until they exceed the open window.
Inspections may be scheduled before their window if the inspector receives information that warrants an earlier inspection.
[psbinino Insocetions.
If a licensee holds more than one kind of license (that is, of dif ferent priorities), a single inspection may be scheduled whenever practicable to aid in more effective use of inspector's time spent in travel
- status, in the determination to combine inspections on a continuing basis, consideration should be given to not "over-inspect" a lower-priority license versus the need and desirability to inspect a licensee's total activities for a more complete picture of its safety and compliance perfonnance.
The priority designations of the lower-priority licenses shall not be changed in these cases; 2800 Issue Date:
04/17/95
the more frequent inspections of lower-priority licenses shall be handled only in the' scheduling process.
05.04 Insoections After Escalated Enforcement. If escalated enforcement action has taken place for a particular licensee, a follow-up inspection shall be scheduled and conducted within 6 months of the last inspection or sooner, in accordance with the guidance in this IMC regarding reduction of inspection frequency (Section 05.02(a)), after completion of the escalated enforcemer.t violatlons.assessthelicensee'sfollow-upactionsinresponsetotheprevious action to Regions may perform this followup inspection as a part of a routine inspection.
2800-06 SPECIAL INSPECTION ACTIVITIES 06.01 Exoired and Terminated licenses. Notification that a license has expired or is being terminated requires prompt action (i.e., within 30 days) to ensure that licensed material has been properly transferred or disposed of, and that all areas where material was used may be safely released for unrestricted use.
Inspectors should be aware of the need for security and control of radioactive materials at these ty)es of facilities.
This may be done by review of the licensee's transfer, d sposal, and closeout survey data; by confirmation that an authorized recipient has received the material; and/or by performance of an inspection that may include confirmatory survmys.
Such actions would be conducted as soon as appropriate after notification is received, if an inspection is performed, the inspector should also verify that the licensee is complying with regulations for timely decontamination and decommissioning, and meeting the required schedules for licensee action, as specified in the decommissioning timeliness rule.
The inspector should also review records of disposals, burials, and public dose that may be required to be submitted to NRC on termination or retirement of the license.
Specific guidance for performing closecut inspections is outlined in IP 83890.
06.02 Sionificantiv Exoanded Proarams. During routine inspections of licensed facilities, ins)ectors should evaluate if licensed activities have significantly increased or recreased since the last inspection.
This can be done by determinin (through interviews of licensee staff or observations of licensed activities, if: (a) the licensee has recently increased the types, quantities, and uses o radioactive material; (b) the license authorizes a physical move of a facility or a new use at a temporary jobsite; (c) the license authorizes new (i.e., since the previous inspection) satellite facilities where materials will be used or stored; (d) the licensee has increased the types of uses or disposal (e.g., incineration or decay-in-storage; of radioactive material; and (e) the number of authorized-users has significantly increased or decreased.
If any of the above items demonstrates a possibility that the licensed activities have significantly changed, then the inspector should document the changes to the licensee's program in the field notes and notify the inspector's immediate supervisor (see Policy & Guidance Directive 1-20).
A special insnection should be considered if, during the licensing review process, it is determined that the licensee's program has significantly expanded.
06.03 Recincocity Inspections. Section 150.20 grants a general license to any person, with a specific license from an Agreement State authorizing use at temporary jobsites, to conduct the same activity in areas under Federal jurisdiction. The licensee must submit a NRC Form 241 " Report of Proposed Activities in Non-Agreement States" 3 days before engaging in the licensed Issue Date:
04/17/95 2800
activity. The NRC region in which the Agreement State that issued the license is located is the recipient of the NRC form 241. That regional office shall take inmediate action on the report, enter the information into the Reciprocity Tracking System, and forward the NRC form 241 to the NRC regional office having jurisdiction in the area of the Agreement State licensee's proposed activities, before reciprocity work begins.
IMC 1220 details the processing of reciprocity requests and inspection of Agreement State licensees operating under reciprocity.
NRC regional offices shall follow the policy and guidelines found in IMC 1220, Appendix !!, for performing inspections of reciprocity licensees.
Agreement State licensees are to be inspected using the same guidelines and procedures used for equivalent NRC-licensed activities. The percentage of reciprocity licensees to be inspected each year is delineated by program code and priority in IMC 1220.
06.04 Imaggrary Jobsite or Field Office Inspections a.
Temocrary Jobsites.
For licensees authorized to work at temporary jobsites, inspectors should plan to include an unannounced inspection of licensed activities at these locations, when possible, in addition to inspecting licensed activities at the licensee's principal place of business.
During the inspection of the licensee's principal place of business, the inspector should, through discussions with the lice'nwo and review of licensed material utilization records, ascertain if the licensee is working at these temporary jobsite locations. To assist the inspector in locating these locations, the customer of the licensee may be contacted and the temporary jobsite inspection scheduled when the licensed activities are in progress.
The licensee's customer should be requested not to notify the licensee of the inspection.
If an unannounced ins)ection of these locations is not possible, then the inspector shoulc attempt to arrange an announced inspection at temporary
- jobsites, b.
Permanent Field Offices.
If the license authorizes licensed activities to be conducted from multiple permanent field offices (satellite locations of use identified on the license), at least 50 percent of the field offices should be inspected at the frequency specified in this chapter for the type of license.
Consideration should be given to rotating the inspection of various field offices to assess the licensee's entire program over several inspection cycles.
Each licensing region will be responsible for requesting an assist inspection (i.e.,
an inssection conducted by one region at the request of another region) at eac1 permanent field office to be inspected, if these locations are outside the geographical area of the licensing region.
The inspecting region should provide complete documentath.1 and recommend enforcement action to the licensing region, which will distribute the documentation, initiate enforcement action, and take other follow-up actions, as appropriate to the case.
These last two actions shall be completed by mutual agreement of the regional offices involved.-
At the beginning of each fiscal year, the licensing region will provide, to the other regions, a list of the field offices to be inspected during that year. Included with this list will be a copy of each license and supporting documentation.
Assist inspections that are not conducted within the frequency required by this chapter will be considered overdue inspections for the assisting region where the field office is located.
2800- -
Issue Date:
04/17/95
~
for Master Material Licenses (i.e.,
Navy, Air Force, Department of
' Agriculture), the licensing region will be responsible for requesting assist inspections, in accordance with IHC 2810.
c.
For licensees working in off-shore waters, the regional staff should contact the rig operators, or appropriate licensee contact, to schedule inspections when work is in progress and transportation is available.
Prior to accepting transportation or lodging from the licensee, staff should obtain approval from the individual's immediate supervisor. This approval should be documented with a brief statement in the fieldnotes.
NRC should reimburse the provider for the cost of transportation, lodging, or other services accepted during the course of inspections.
d.
If a temporary jobsite inspection is not performed, a brief note will be written in the inspection field notes, giving an explanation for the missed temporary jossite inspection.
This section is included solely for team inspections Team Insoettiom.
[he term " team inspections" is used here only for the 06.05 of materials licensees.
T purposes of this IMC. The requirements of other lHCs or IPs for team inspections or team assessments of nuclear reactors and fuel cycle facilities do not apply.]
Regional offices shall conduct team inspections of major licensees within the region on an as-needed basis.
The decision on whether to conduct a team inspection involving agencies outside NRC (other than State Radiation Protection Organizations) shall be made by regional management, in consultation with IMNS.
Examples of situations where team inspections may be appropriate are:
a.
Routine inspections of major licensees (i.e.,
broad-scope academic, broad-scope medical licensees, and large manufacturers).
A team inspection should be considered when the size or complexity of operations at a broad-scope licensee goes beyond that which one or two inspectors can cover in a week.
Team inspections are also appropriate when the team will include an expert in a specialty discipline other than health physics, such as a medical physicist, human factors specialist, fire protection specialist, engineer, or other specialized fields, b.
Reactive inspections of any type of licensee where one or more specialists are needed on the team (of three or more inspectors). Also, reactive inspections of any licensee where at least one of the three or more inspectors is from another region or from Headquarters.
c.
Routine, core inspections of major licensees within the year before license renewal.
Team inspections are appropriate methods to assess licensees' strengths and weaknesses, and to provide feedback to the licensing process.
Such team inspections should include license reviewers on the team. However, pre-licensing visits are not considered inspections, and team inspections should not take the place of pre-licensing visits, d.
Inspections of any type (routine or reactive) that include team members from outside NRC and the State radiation protection programs, such as members from the Department of Transportation (DOT), the Environmental Protection Agency (EPA), the Food and Drug Administration (FDA), and the Occupational Safety and Health Administration (OSHA). For inspections of any type that involve participation by outside agencies (other than State Radiation protection Organizations), the region should contact IMNS before making the first contact with the outside agency.
Issue Date:
04/17/95 2800
Inspection plans shall be developed for all routini 4a3 inspections of major,'
broad-scope academic or medical licensees, large mant
.turers, or in cases where team members from agencies outside NRC (other than atate Radiation Protection Organizations) are involved (i.e., examples (a) and (d) in this section).
06.06 Abandonment of Licensed Activities.
Returned, undeliverable mail to licensees should trigger a prompt follow-up.
The follow-up should include a telephone call to the licensee to establish the licensee's physical address. If telephone contact is not established, then an inspector should be sent to the licensee's site.
The regional decision of when to send an inspector to a licensee's site should be based on the complexity of the licensed activities, and the types and quantities t ' licensed material.
06.07 General Licensee Inspectioni.
Routine inspections of general licensees
[other than reciprocity (10 CFR 150.20)J are not required, inspections shall be made to resolve issues such as allegations, incidents, or indications of unsafe practices.
2800-07 DOCUMENTATION OF INSPECTION RESULTS 07.01 What Constit.ytes an Insoection. The following guidance is being provided to assist in determining when activities constitute an inspection, An inspection will be considered to have been performed if: (1) the a.
inspection involves a licensee that possesses or has possessed licensed material since the last inspection, including material possessed under a
" possession-only license" or who is performing or has performed licensed the inspection is an initial activities since the last inspectioni or (2) dance with Section 4.02.
inspection that has been performed in accor If it is aossible to inspect records or other items according to license conditions or NRC regu' ations, such activities should be inspected and be recorded as an inspection, whether the radiation safety officer (RS0) is present or not, including those licenses that have expired or are being if the RSO is not available during the processed for termination. inspection, a follow-up teleph(one call should as soon as possible after the onsite inspection.]
b.
An inspection will agl be considered to have been performed if: (1) the licensee or licensee's representatives are not available to assist with the inspection, and the inspector is unable to perform inspection activities; or (2) the followup is solely in response to an allegation and is not part of a rcutine inspection.
If item (1) above applies, the inspector will document the on-site activities by placing a note in the licensing file, signed by the inspector and approved by the inspector's supervisor, that briefly summarizes the attempted insoection.
Regional management will determine when a subsequent inspection will be performed, and the "next inspection date" data element in the LTS should be changed to reflect the new date.
The region should nD1 record the attempted inspection in the LTS as "an inspection."
If item (2) above applies (i.e., the on-site visit is in response to an allegation), then the 9nspector will document the on-site visit in accordance with Section C7.02, c.
Regions performing assist inspections will receive credit toward the operating plan goals for conducting each assist inspection.
If the assist inspection involves a core inspection (see Section 04.03) or a non-core ' inspection (i.e., priority 5 licensee), then the region will 2800 Issue Date:
04/17/95 l
receive credit toward the Cperating plan goal for core or non-core
' inspections, as appropriate, d.
Telephone contacts are g onsite inspections even though they involve direct inspection effort.
The fact that a telephone contact of a Priority 7 licensee was made. should M be entered into the LTS as an inspection; however, the inspection date (next telephone contact) should be changed in the LTS. The Regulatory Information Tracking System allows the time spent in gathering factual material to be charged against the time budgeted for performing routine inspections.
e.
A reactive inspection will not substitute for a routine inspection unless the scope of the inspection is comprehensive.
07.02 A11ecations.
Allegations will be followed up in accordance with NRC Management Directive 8.8,
- Management of Allegations." No reference to follow-up of an allegation or employee concern will be entered in the field notes, inspection reports, or other documents that will be filed in the licensing file for the licensee, in conducting interviews or of.her activities with licensee personnel, inspectors should be sensitive to areas where employees may be reluctant to raise concerns about the licensee's program.
Even if the licensee addresses an employee's concern regarding safety issues, there could be underlying factors that could produce a " chilling" effect or relur W ee for employees to report such issues.
For example, the following questions pH $7 an inspector determine if problems exist in the licensee's safety program; 1.
Has there been an unexplained change in the number or nature of valid concerns that employees have raised with the licensee or NRC7 2.
Have there been interactions with NRC personnel that suggest that some employees may be hesitant to raise concerns or present information to NRC7 3.
Are employee concerns addressed by licensee management in a timely manner?
4.
Is the licensee's corrective action successful in addressing employees' concerns?
If any indication of a " chilling" effect is found, the inspector shall inform regional management for further review and follow-up.
07.03 Methods of Documentina Inspection Resulh. Inspections shall be tattially documented by completing field notes or a narrative report.
a.
Formats for inspection field notes can be found in IP 87100.
The field notes do not have to be typed, but should be legible and should contain:
(1) sufficient detail to describe the inspection that was conducted, including operations observed; (2) the compliance status of topics examined during the inspection; (3) the status of follow-up items involving prior enforcement or reported licensee events; (4) sufficient information to support violation findings; (5) description of completed and anticipated corrective actions to any identified violations; and (6) sufficient detail for management, license reviewers, and other inspectors to evaluate the licensee's overall safety program. A different inspector should be able to use the field notes in preparing for a subsequent L
inspection, and to determine whether corrective actions have been taken.
l Issue Date:
04/17/95 2800
b.
A narrative report is required for reactive inspections and for teah inspections involving agencies outside NRC (other than State Radiation Protection Organizations),
and actions involving an enforcement conference or escalated enforcement. For escalated cases, the narrative report need address only the areas in which safety concerns and violations are identified (all other areas should be covered in the inspection field notes).
Field notes must document routine inspection activities that are not covered in the narrative report. All inspection documentation shall be filed in the licensee's licensing file.
For medical events, the narrative report must follow the guidance in Management Directive 8.10. Additional guidance on inspection reports can be found in IMC 0610, ' Inspection Reports.'
07.04 Methods of Transmittina Insoection Results.
Results of inspections may be re)orted to the licensee by either issuing an NRC form 59)
(i.e.,
in accorcance with the guidance in IMC 0610 and the Enforcement Manual), or a regional office letter 5ither with or without a Notice of Violation (NOV) to the
- licensee, a.
NRC form 59), ' Safety inspection,' ihall be used: (a) to document clear inspections and inspections resulting in Severity Level IV and V violations (that are neither willful nor repetitive) that can be corrected while the inspector is present, or that the licensee is able to correct easily; and (2) to document non-cited violations (NCVs), as discussed in the Enforcement Manual, Section 4.3.
When the NRC Form 591 is used to document the results of an inspection, the inspector must ensure that for each cited and non-cited violation, the form includes: ;
brief statement of the circumstances, including the date(s) of the violation or NCV and the facts necessary to demonstrate that a requirement was not met, and reference to the regulation or license condition tha' was violated.
The following are examples of how to 6ocument cit. h on an NRC form 59) 1.
Dose cal
~ ar linearity was not performed during the third quarter of 1992 4 the first quarter of 1994.
2.
physical inventories were not performed at 6-month intervals to account for all sealed sources during the period from January 9, 1993 to July 10, 1994.
(License condition 15)
The inspector est also ensure that the findings are documented in the fielti notes in sufficient detail for the reader to determine what requirement was violated, how it was violated, who violated the requirement, and when it was violated, if the licensee provides corrective action for the violations, this information should also be included in the field notes.
In addition, for NCVs, the field notes should document why the violation was not cited and the corrective action taken or planned.
The inspector will present NRC Form C91 to the licensee at the conclusion of the exit interview, or, on rare occasions where consultation with regional management is necessary, the inspector may mail NRC Form 591 from the regional office. provides examples of violations that may be cited on NRC form 591.
b.
A regional office letter shall be used: (1) for repetitive violations; (2) for violations involving willfulness; (3) where an apparent Severity Level I, II, or til violation or problem is indiccted; (4) when an enforcement conference is to be held; (5) where the licensee needs to take extensive corrective action or make programmatic changes to address 2800 Issue Date:
04/17/95
1 the violation; (6) where the licensee needs to perform further
- evaluations before taking corrective action; (7) where the corrective action includes a request for amendment to the Itcense; (8) when a specific message should be provided to the licensee; (9) if the inspector questions the effectiseness of the licensee's planned action or the ability of the licensee to cat ry out the corrective action; or (10) where it is appropriate to request a written response to the violation, if a regional office letter and NOV are to be issued, NCVs, if any, are to be documented in the fleid notes, c.
A copy of each inspection report should be sent to LTDCB for the appropriate fee assessment.
2800-08 REGIONAL RESPONSIBILITY FOR LICENSES 08.01 General.
When a license authorizes operations in more than Sno region, the responsibility for inspection shall reside with the regional office in which the licensee's main office is located.
The main office means the corporate office, normally the street address listed in item 2 of the license.
08.02 Assistance in Inspections. In the interest of efficiency in use of travel time an'd funds, the responsible regional office may request another regional office to conduct inspections (assist inspections) of the activities of such licensees when the licensee is operating outside the geographical area of the responsible region. Because of the close proximity of a licensed facility to a region, the responsible region's personnel may perform the inspection activity themselves rather than request assistance from another region, in such cases, these activities should be coordinated between regions.
08.03 Transfer of Resoonsibilitv. Notwithstanding the above (Sections 08.01 and 08.02), when a license has an address that places the inspection responsibility in one region, and operations under the license routinely or predominantly occur within another region, the inspection responsibility ny be transferred to the region in which the operations are performed. This transfer shall be done with mutual agreement of the regional offices involved. The regional offices should ensure that the appropriate changes are made to the LTS to show which office has the overall responsibility for inspection and enforcement.
2800-09 OTHER AGENCY COORDINATION 09.01 federal Aaencies. Although NRC does not conduct inspections of licensee compliance with the requirements of other federal agencies (with the exception of DOT) NRC inspectors may identify concerns regarding another agency's areas of regulatory concern. In such it.shnees, the inspector should bring the matter to the attention of licensee management.
In the case of complaints or allegations, the inspector should withhold the information from the licensee and elevate the concerns to the attention of NRC regional management (see Section 07.02, "A11egations'). If significant concerns are identified or if the licensee demonstrates a pattern of unresponsivenesc to identified concerns, the NRC regional office, in coordination with IMNS, should inform the appropriate liaisons, within the other agency, of the concerns.
With the exception of DOT regulations, it is important that all inspectors recognize and understand that they are agi to make decisions regarding activities under the purview of other agencies. Thus, in discussing the concerns with the licensee, inspectors are cautioned not to judge whether a given condition is a Issue Date: 04/17/95 2800
violation of another agency's rules or regulations, but are to point out concerns to heighten licensee awareness.
Additionally, inspectors should be aware that NRC has entered into several Memoranda of Understanding (MOUs), with other Federal agencies, that outline agreements regarding items such as exchange of trade secret information and evidence in criminal proceedings.
The following are MOUs that contain information relevant to inspection activities:
a.
U.S. Department of Transportation The 00T and NRC MOU, " Transportation of Radioactive Materials" published in the federal Reaister July 2,1979. The MOV delineates DOT's
'and NRC's respective responsibilities for regulating safety in transportation of radioactive materials.
b.
LS. Department of Justice (DOJ) 1.
00J, Federal Bureau of Investigation (FBI), and NRC HOU for
" Cooperation Regarding Threat, Theft, or Sabotage in U.S. Nuclear Industry' - published in the Federal Reaister December 20, 1979.
The MOV provides a basis for contingency response planning, coordination, and cooperation between the FBI and NRC, to deal effectively with threats, and with acts associated with thef t or sabotage attempts against NRC-licensed nuclear facilities and activities.
2.
MOU between NRC and the Department of Justice (00J) - published in the fadml Reaister December 14, 1988.
The MOV provides for coordination between the two agencies for matters that could lead to enforcement action by NRC, as well as criminal prosecution by 00J.
The MOV also facilitates exchange of information on matters within their respective jurisdictions, c.
U.S. Department of Labor (DOL 1 1.
DOL, Mine Safety and Health Administration (MSHA), and NRC HOU -
published in the Federal Reaister January 4, 1990.
The M00 was written to facilitate coordination and cooperation in areas of mutual jurisdiction and concern.
2.
MOV between NRC and DOL, " Employee Protection" - published in the Federal Pfaister December 3,
1982.
The MOV was written to facilitate coordination and cooperation concerning the employee protection provisions of Section 211 of the Energy Reorganization Act of 1974.
3.
MOV between NRC and DOL, OSHA, " Worker Protection at NRC-licensed Facilities" - published in the Federal Beaister October 31, 1988.
The MOU was designed to ensure that there will be no gaps in the
)totection of workers at NRC-licensed facilities where the OSHA also las health and safety jurisdiction.
At the same time, the MOV is designed to avoid NRC and OSHA duplication of effort in those cases where it is not always practical to sharply identify boundaries between NRC's responsibilities for nuclear safety and OSHA's responsibilities for industrial safety.
2800 Issue Date:
04/17/95
Specific guidance on the responsibilities and interfacing activities for reporting non-radiological hazards to OSHA can be found in IMC
- 1007, d.
The Environmental Protection Aaency 1.
EPA and NRC,
" Regulation of Radionuclide Emissions", MOU published in the Federal Reaister November 3,1980. The MOU defines in general terms the respective roles of the two agencies and establishes a fraoework of cooperation for avoiding unnecessary duplication of effort and for conserving resources in establishing, implementing, and ecforcing standards for airborne radionuclide emissions from sources and facilities licensed by NRC.
2.
MOU between EPA and NRC - published in the fidml Reaister November 16, 1992.
The M00 was designed to foster NRC-EPA cooperation.in protecting health and safety and the environment on issues relating to the regulation of radionuclides in the environment.
3.
MOU between EPA and NRC - published in the Federal Reaister December
-22, 1992.
The MOV concerns
" Clean Air Act Standards for Radionuclide Releases from Facilities Other than Nuclear Power
- Reactors Licensed by NRC or its Agreement States."
The MOV was designed to ensure that facilities other than nuclear power reactors, licensed by NRC, will continue to limit air emissions of radionuclides to levels that result in protection of the public health with an ample margin of safety, e.
U.S. Denartment of Health and Human Services (HHS)
MOU between NRC and HHS, FDA - published in the Federal Reaister September 8, 1993.
The MOU coordinates existing NRC and FDA regulatory programs for medical devices, drugs, and biological products using byproduct, source, or special nuclear material.
These MOUs are published -in the NRC Rules and Reaulations, and copies may be obtained from the regional office or IMNS.
09.02 State Aaencies.
For routine NRC inspections in both Agreement and non-Agreement States, State radiation control program personnel shall be notified of the inspection at least I week in advance, by telephone or facsimile.
State personnel interested in participation may do so as observers as long as their presence does not affect NRC's inspection program. State personnel should be informed that information gathered during the inspection is confidential and should not be disclosed.
Whenever possible, for reactive inspection! in Agreement States, State radiation control program personnel should be notified before the start of the inspection so that any public inquiries that may come to the radiation control program may be referred to the appropriate regional office.
Issue Date:
04/17/95 2800
2800-10 INPUT INTO NRC TRACKING SYSTEMS 10.01 Input into the LTS a.
Enclosure I provides a listing of license program codes with the associated inspection priorities, b.
Regions should enter data promptly into the LTS at the time a new license is issued or an inspection his been performed, including the dates for initial inspections of new licensees, the last inspection date, and the next inspection date for licensees already inspected, c.
When changes are made to the next inspection date (redu(.tions or extensions in the inspection frequency), regions should enter the data for the correct next inspection date into the LTS and enter the Special Inspection Code on the Inspection and Enforcement Screen, as described in Section 2800-05.
10.02 Inout into the IFS a.
Regions shall follow all requirements and guidance in Manual Chapter 0303, " Inspection Followup System."
b.
Inspectors, at the conclusion of an inspection, are responsible for correctly coding the ins?ection information on the IFS Data Entry Form, unless the region provices some other means of entering the data into IFS.
10.03 Input into the Office for Analysis and Evaluation of Operational Data (AE00) Nonreactor Events Database.
AE00 manages a database of all material-related incidents and events.
The regional office is responsible for ensuring that AE00 is notified of all material-related incidents.
The regional office shall also forward copies of all documentation regarding a material incident, event, or misadministration (e.g.,
" Preliminary Notifications," reports of misadministrations, follow-up inspection reports) to the Chief, Nuclear Materials Assessment Section, AE00.
2800-11 IMCs and IPs FOR MATERIALS PROGRAM The IMCs and IPs listed in this section comprise the inspection program for material licensees. This list is divided into various subject categories. These documents are to be used as guidelines for inspectors in determining the inspection requirements for operational and radiological safety aspects of various types of licensee activities, in performing an inspection, an IMC in addition to several specific procedures, may be needed to adequately evaluate the licensee's program.
IMCs and IPs in this section are classified into two categories: Routine (R) and As-Needed (N).
a.
" Routine" (R) means those IMCs and IPs that 'are used to evaluate licensee performance on a routine basis.
For instance, IMC 0610, " Inspection Reports" is classified as " routine" because the guidance in IMC 0610 l
should be used routinely on all materials inspections. Not all areas in inspection field notes are required to be addressed on each inspection; consequently, some IPs may not need to be used on a routine basis (e.g.,
IP 84900, IP 86740, etc.). Specific requirements for individual licensed 2800 Issue Date:
04/17/95 l
materials programs (e.g.,
radiography, nuclear
- medicine,
' industrial / academic, etc.) can be found in IP 87100, *l.icensed Materials Programs."
basis for eval)uation of licensee perfonnance,"As-Needed" (N means those b.
for instance, lHC 1300,
" Incident Response Actions - Responsibility and Authority," is classified
- as-needed," because it only applies to reactive inspections that follow up on incidents.
Similarly, IP 92702, " Followup on Corrective Actions for Violations and Deviations " is classified "as-needed" because it only applies to licensees who had violations or deviations.
INCs and IPs are grouped by general subject area as thown on the following pages.
- Issue Date: 04/17/95 19 2800
_nn.,-,.
., -... ~..
,w
.. ~,,.., -,,.,,..,, -, - _,, -,,,, -. -, -,,..,.,,, -,,.
<~
4 IMCs and IPs for the Materials Inspection Program Document Classification Number Title (R or N)1 i
REPORTS / COMMUNICATIONS / FOLLOW-UP IMC 0230
" Morning Report" N
IMC 0610 " Inspection Reports" R
" Review and Distribution of Inspection Reports" R
IMC 0720 "NRC Bulletins and Information Notices" N
IMC 1120 " Telephonic and Written Preliminary Notifications" N
" Management Meetings - Entrance and Exit interviews" R
" Followup" R
" followup on Corrective Actions for Violations and Deviations" N
" Followup of Confirmatory Action Letters" N
INSPECTIONS IMC 0300 " Announced and Unannounced Inspections" R
" Ins)ection Follow-up System" R
IMC 0312 "Tec1nical Assistance for Radiation Safety Inspections at fuel Cycle and Materials Licensees" N
" Inspector Qualifications" R
INTERACTIONS jflTH OTHER frDERAL AGENCIES IMC 1007
" Interfacing Activities between Regional Offices of NRC and OSHA" R
" Maintaining Effluents from Materials Facilities As low As is Reasonably Achievable (ALARA)" (EPA]2 R
INCIDENT RESPONSE IMC 1300
" Incident Response Actions - Responsibility and Authority" N
" Response to Non-Emergency incidents Involving Radioactive Material" N
" Action Levels for Radiation Exposures and Contamination Associated with Materials Events involving Members of the Public" N
IMC 1330 " Response to Transportation Accidents involving Radioactive Materials" N
IMC 1360 "Use of Physician and Scientific Consultants in the Medical Consultant Program" N
" Inspection of Incidents at Nuclear Materials Facilities" N l
1 R = Routine, N = As-Needed l
2 Required for non-sealed source licensees.
2800 Issue Date:
04/17/95
IMCs and IPs for the Materials Inspection Pr: gram (cont.)
Document Classification Number Title (R or N)
LOW-tEVEL WASTE / WASTE MANAGEMENT IMC 2401 "Near-Surface Low-Level Radioactive Waste Disposal Facility Inspection Program" N
IP 84750 " Radioactive Waste Treatment, and Effluent and Environmental Monitoring" R
IP 84850 " Radioactive Waste Management - Inspection of Waste Generator Requirements of 10 CFR Part 20 and 10 CFR Part 61" R
IP 84900 " Low-level Radioactive Waste Storage" R
MATERIALS SAFETY PROGRAM IMC 1220 " Processing of NRC Form 24), " Report of Proposed Activities in Non-Agreement States," and " Inspection of Agreement State Licensees Operating under the Reciprocity Provisions of 10 CFR 150.20" N
IMC 2810 " Master Materials License Inspection Program" N
IMC 2815 " Construction and Preoperational Inspection of Panoramic, Wet-Source Storage Gamma Irradiators" N
IP 87100 " Licensed Materials Programs" R
IP 87100 APP A, " Medical Teletherapy inspection Field Notes" R
IP 87100 APP B " Nuclear Medicine Inspection Field Notes" R
IP 87100 APP C, "Well Logging Inspection Field Notes" R
IP 87100 APP 0, " Industrial Radiography inspection Field Notes" R
IP.87100 APP E, " Industrial / Academic /Research Inspection Field Notes" R
IP 87100 APP F, " Commercial Irradiator inspection Field Notes" R
IP 87100 APP G, " Medical Broad-Scope inspection Field Notes" R
" Performance Evaluation factors" N
IP 87102 " Maintaining Effluents from Materials Facilities As low As is Reasonably Achievable (ALARA)"
R IP 87103
" Inspection of Incidents at Nuclear Materials facilities" N
IP 87250 " Locating Missing Materials Licensees" N
RADIATION PROTECTION IP 83726 " Control of Radioactive Materials and Contamination, Surveys, and Monitoring" R
IP 83728 " Maintaining Occupational Exposures ALARA" R
IP 83750 " Occupational Radiation Exposure" R
IP 83822 " Radiation Protection" R
IP 83890 " Closeout Inspection and Survey" N
IP 83895 " Radiation Protection - Followup on Expired Licenses" N
issue Date: 04/17/95 2800 l
IMCs and IPs for the Materials Inspection Program (cont.)-
Document Classification Number Title (RorN)
TRANSPORTATION IMC 1330 ' Response to Transportation Accidents involving Radioactive Materials' N
" Transportation (Basic)"
R IP 86740 ' Inspection of Transportation Activities" R
IP 86750 ' Solid Radioactive Waste Management and Transportation of Radioactive Materials" R
END
Enclosures:
1.
Inspection Priority by Program Codes 2.
Telephone Contact Procedures for Priority 7 Licenses 3.
Evaluation of Possession and Use of Byproduct Material 4.
Standard Response to Licensees Contacted by Telephone (Violations) 5.
Standard Response to Licensees Contacted by Telephone (No Violations) 6.
Examples of Violations that Can be cited on NRC form 591
-2800 Issue Date:
04/17/95
_.y.
7-__.___._______
INSPECTION PRIORITY BY PROGRAM CODES i
dT"'
Category Title Remarks priority I
01100 Academic Type A Broad Comittee-approved users 2
01110 Academic Type B Broad Radiation Safety Officer- (R50-)
approved users 3
1 01120 Academic Type C Broad Named users 5
02110 Medical Institution Broad Hospitals only 1
02120 Medical Institution -
Hospitals, clinics i
Quality Mana ement Program (QMP required 3
02121 Medical Instit tion -
no QMP required 5
02200 Medical Private Practice -
QMP required 3
02201 Medical Private Practice -
no QMP required 5
02210 Cye Applicators Hospitals or physicians' offices Strontium-90 3
02220 Mobile Nuclear Medicine (Primary code)
Service 2
02230 High, Medium, and Pulsed-Dose Rate Remote Afterloaders 1
02231 Mobile High, Medium, and Pulsed-Dose Rate Remote Afterloaders 1
02240 Mobile Therapy Hospital Health Centers
'2 02300 Teletherapy Human use only 3
02400 Veterinary Nonhuman 5
02410 in-Vitro Testing Laboratories 5
02500 Nuclear Pharmacies 1
02511 Medical Product Prepared Radiopharmaceuticals Distribution - 32.72 3
02513 Medical Product Therapy sources, calibration and Distribution - 32.74 reference sources Sources and Devices 3
03110 Well Logging Byproduct and/or Special Nuclear I
Material (SNM) led Sources Tracer and Sea 3
03111 Well Logging Byproduct and/or SNM Sealed Sources Only 3
03112-Well Logging Byproduct only
- Tracers Only 3
03113 Field Flooding Studies 3
03120 Measuring Systems Fixed Gauges 5
03121 Measuring Systems Portable Gauges (includes _ Industrial Lixisupe) 5 03122 Measuring Systems Analytical Instruments 7
-03123 Measuring Systems Gas-Chromatographs 7
Issue Date: 04/17/95 El-1 2800, Enclosure 1 I
e
.G~..,__..
..,,...A,.-
,--.,s.
.-.--.c.-
l INSPECTI:~1 PRICITY BY PROGRAM CODES (CONT.)
a[ "
Category Title Remarks Priority 03124 Measuring Systems Other 7
03211 Manufacturing and Distribution 1
Type A Broad 03212 Manufacturing and Distribution Type B Broad 3
03213 Manufacturing and Distribution Type C Broad 5
03214 Manufacturing and Distribution Other 3
03218 Nuclear Laundry 2
03219 Decontamination Services 2
03220 Leak Test Services Only 7
03221 Instrument Calibration Services Only - Self-Shielded 5
03222 Instrument Calibration Services Only - Other 3
03225 Other Services - includes teletherapy, irradiator, and gauge services 3
03231 Waste Disposal - Burial 1
03232 Waste Disposal Service Prepackaged Only 2
03233 Waste Disposal Service incineration 1
03234 Waste Disposal Service Processing and/or Repackaging 1
03235 Incineration-Noncommercial (Secondary Code) 03240 General License Generally licensed Distribution - 32.51 gauges, other 5
03241 General License ll-3, Pm-147 signs or markers Distribution - 32.53 5
03242 General License Am-241 calibration Distribution - 32.57 sources 5
03243 General License Sr-90 ice detection Distribution - 32.61 5
03244 General License In-vitro kits Distribution - 32.71 5
03250 Exempt Distribution-32.ll Exempt concentrations.
Includes broad 5
03251 Exempt Distribution-32.14 11-3, Pm-147, and other isotopes in 10 CFR 30.15 5
03252 Exempt Distribution, Sc-46 resins Resins - 32.17 5
03253 Exempt Distribution-32,18 Byproduct material in Small Quantities processed chemicals, elements, compounds, mixtures, tissue samples, etc.
5 03254 Exempt Distribution-32.22 Self-luminous products 5
03255 Exempt Distribution-32.26 Smoke detectors 5
l 2800,
Enclosure:
1 El-2 Issue Date: 04/17/95
INSPECTION PRIC21TY BY PROGRAM CODES (CONT.)
l Program Code Category Title Remarks Priority l
03310 Industrial Radiography fixed I
~
03320 Industrial Radiography Temporary Jobsites 1
03510 Irradiators Self-Shielded includes blood irradiators less Than 370 TBq (10,000 curies) 5 03511 Irradiators - Other Panoramlet includes converted Less than 370 TBq teletherapy units 10 000 curies) 3 Irr(adlators Self-Shielded 03520 Greater than 370 TBq (10,000 curies) 3 03521 Irradiators - Other Greater than 370 TBq (10,000 curies) 1 03610 Research and Development Committee-approved Type A Broad users 2
03611 Research and Development RS0-approved users Type B Broad 3
03612 Research and Development Named users Type C Broad 5
03613 Research and Development Broad -
Multisite-Multiregional 1
03620 Research and Development -
Other 5
03710 Civil Defense 5
03800 Byproduct Material Possession-Only - No Operations Authorized 3
03900 Decommissioning of Byproduct Material facilities I
11200 Source Material - Other less than 150 Kilograms 5
11210 Source Material Shielding 7
11220 Source Material M;11tary Munitions - Indoor Testing 5
11221 Source Material Military Munitions - Outdoor I
Testing 3
11230 Source Material General License Distribution -
11300 Source Material - Other includes munition 3
Greater than 150 production, suberitical Kilograms assembly, and other 11700 Rare-Earth Extraction and Processing 3
11800 Source Material Possession-Only - No Operations Allowed 3
11900 Decommissioning of Source Material Facilities 1
21310 Critical Mass Material -
University 5
21320 Critical Mass Material -
Other Than Universities 5
21325 Decommissioning of Critical Mass - Other Than Fuel Fabrication 1
Issue'Date: 04/17/95 El-3 2800, Enclosure 1 l
l INSPECTION PRIC]!TY SY PROGRAM CODES (CONT.)
Fogram Co.!e Category Title Remarks Priority 22110 SNM Plutonium - Unsealed less than Critical Mass 2
22111 SNM U-235 and/or U-333 -
Unsealed Less than Critical Mass 2
22120 SNM Plutonium Sealed Neutron Source Less than 200 Grams 22130 Power Sources with Byproduct and/or SNM 7
22140 SNM Plutonium - Sealed Sources in Devices 5
22150 SNM Plutonium - Sealed Sources less than Critical Mass 5
22151 SNM U-235 and/or U-233 Sealed Sources Less than Critical Mass 5
22160 Pacemaker Byrroduct, and/or SNM - MedicL1 Institution 7
22161 PacemakerByproduct,and/or SNM - Individual 7
22162 Pacemaker Byproduct and/or SNM - Manufacturing and Distribution 1
22170 SNM General License Distribution - 70.39 5
22200 Decommissioning of Other SNM facilities -
Less than Critical Mass 1
23300 SNM Possession-Only - Other than Reactor Fuel 3
4 l 2800; Enclosure l' El-4 issue Date: 04/17/95
TELEPH0tE CONTACT PROCEQLlRES FOR PRIORITY 7 LICENSES 1.
PROGRAM OBJECTIVES:
In the past, there have been times when manpower limitations have required exempting priority 7 licensees from routine inspection by the U.S. Nuclear Regulatory Commission.
As a result of this practice, the regions were lef t with a large number of licensees that had never been inspected.
To improve general performance of these priority 7 licensees, this telephone contact procedure was developed so each 11censee would be interviewed at least once during the duration of the license and at some periodic frequency thereafter, to be determined by the regional staff.
2.
PROCEDURQ a.
Select license to interview at random (see Section 2800-04) from the computer listing of licenses that are not yet inspected or have only had an initial inspection. After this is done, select licensees that have had initial inspections (priority 7).
b.
Pull the license file and review the file to determine the person to contact for infomation needed to complete interview questionnaire (Enclosure 3).
c.
Telephone licensee and complete questionnaire. Note that not all licenses require each procedure mentioned in the questionnaire.
d.
If the licensee reports any problems, namely:
1.
doses in excess of the occupational dose limits specified in 10 CFR 20.1201, 20.1207, or 20.1208, 2.
lost licensed material, 3.
leak tests indicating source leakage, 4.
any event the licensee considered unusual, or 5.
change in ownership or bankruptcy proceedings, the person filling in the questionnaire should promptly notify the inspector's immediate supervisor.
The supervisor and/or other regional management may determine if an inspection of the facility is required. or if a letter transmitting a Notice of Violation is sufficient.
if an inspection is required, the caller should note that decision on the questionnaire, and give the questionnaire and file to the cognizant supervisor for further action.
If a letter is sufficient, the caller should prepare a response back to the licensee (Enclosure 4).
e.
If the licensee responses confirm no problems are present, prepare the appropriate draft transmittal letter (Enclosure 5) for signature by the inspector's immediate supervisor.
f.
Send package to the inspector's immediate supervisor for review.
Issue Date: 04/17/95 E2-1 2800, Enclosure 2 l
i
EVALUATION OF POSSESSION AND USE OF BYPRODUCT MATERIAL (For use with priority 7 licensees only)
Name:
License Number:
Address:
Phone Number:
(
)
FAX Numbert
(
)
- 1. Name and Title of per 1 responsible for radiation safety program
- 2. Describe how you safeguard the byproduct material from:
(a) use by unauthorized personnel (ii) loss or theft:
- 3. Describe controls that prevent.ndividuals who work in the area around the material from becoming exposed to radiation:
- 4. Do you have a personal monitoring program for your employees, such as film badges, dosimeters etc.?
Yes O No O Ifyes,whatwasthemaxImumdosereceivedsince 7 (year of last telephone contact or inspection)
- 5. Do you perform surveys to detect external radiation in the area around the byproduct material?
Yes O No O If yes, how often are the surveys performed?
What instrument is used to perform the surveys?
When was this instrument last calibrated?
- 6. On what date was the last physical inventory of all byproduct material Were all sources accounted fort /_/-
in your possession performed?
Yes O No O N/A O
- 7. Do you perform leak tests on the sealed source? Yes O No O N/A O If yes, how often are these leak tests performed?
Who evaluates the leak test results?
If no, describe the provisions you have made to have the leak tests done
- 8. Describe your provisions for repair and maintenance of your device or source holder:
- 9. Describe any unusual events involving the byproduct material or device (s) in which it is used:-
hame oI' person illIIng In questionnaire:
Date:_/_/_
Title:
Issue Date: 04/17/95 E3-1 2800 Enclosure 3 l
O
-STAISARD Resp 0NSE To LICENSEES CONTACTED BY TELEPHONE (VIOLATIONS) 1 License No.
t Decket No.
f Sir or Madam c
This refers to a telephone contact conducted on
, 19_.
r I
The contact was an examination of activities conducted under your license as they relate to radiation safety and to compliance with the Commission's rules and regulations and with the conditions of your license. The contact consisted of i
. discussions with j
As a result of this examination of activities, regulatory concerns were noted and -
l are sMM:1fied below.
These may be evaluated at an onsite inspection at your i
faciluty soon.
As you described on the telephone, the following apparent regulatory concerns l
were identified:
i
-(List apparent vlointions - for any violation that appears to rise to Severity level ill, or otherwise to indicate lack of programentic oversight, the region should proeptly conduct an inspectton and take enforceeent actfon, as appropriate, based on the results of the inspectlon.)
You should examine your license and Nuclear Regulatory Connission regulations to i
L determine how you can correct the apparent regulatory. concerns that were discussed-on the telephone.
In addition, we would like to highlight the following items that licensees should pay particular attention to, as follows:
l a.
maintaining awareness and control of licensed material b.
proper transfers and disposal of radioactive sources c.
promptly reporting losses or thefts of licensed materials l
If you have any questions about this contact, you may contact us at l_
(
)
c Sincerely, i
, Chief Nuclear. Raterial Safety and Safeguards (Branch or Section)-
/
I l
I bec l
DCS/RSS'. (RIOS)-
- !ssueDate
- 04/17/95 E4-1 2800, Enclosure 4 l
. - ~
g STAIDARD RESPON$E TO LICEN$EES CONTACTED BY TELEPHONE (N0 VIOLATIONS) i License No.
Docket No.
Sir or Nadant This refers to a telephone contact conducted on 19__.
The contact was an examination of activities conducted under your license, as they relate to radiation safety and to compliance with the Commission's rules and regulations and with the conditions of your license.
The contact consisted of discussions with No regulatory concerns were identified.
If you have any questions about this contact, you may contact us at
(
)
Sincerely,
, Chief Nuclear Material Safety and Safeguards (Branch or Section) bec DCS/R$8(BIDS)
Issue Date: 04/17/9s ES-li 2800, Enclosure 5 l
o, EIMPLES OF VIOLAT10N$ TMT CAN BE CITED ON MC FOM Sg1*
1 i
1.
Inventeries not performed at the required frequency, on one or two occasions, that did not result in any consequences (e.g., lost material),
2.
Licensee observed eating,
- drinking, etc.,
in laboratories where 1
megaboquerel (microcurie) quantities of radioactive tsatorials are stored, contamination).(survey should be performed to confirm the absence of but not used 3.
Failure to calibrate survey instruments, alarm ratemeters, and pocket dosimeters at the required frequency, on one or two occasions 4.
Failure to use a dedicated check source before each use of a survey instrument, on one or two occasions.
3 5.
Failure to perform routine surveys (e.g., radiation, contamination, air flow checks, or fume hood monitoring) at the required frequency on a few occasions.
6.
Rare failures of the radiation safety comittee to meet at the required frequency.
I 7.
Failure to have a quorum at all radiation safety committe,e meetings.
l 8.
Rare failures to exchange film badges or thermoluminescent dosimeters monthly, but with no loss of dosimetry data.
g.
Failure to have properly prepared shipping papers with shipment.
10.
Failure to include the emergency phone number or reportable quantity (RQ) designation on shipping papers.
11.
Occasional failure to meet all transportation (e.g.,
paperwork) requirements of 4g CFR.
12.
Users of radioactive materials are adequately trained, but not as stated in the license application.
13.
On rare occasions, dose calibrator tests are not performed as required.
14.
Isolated cases of missed or late leak tests.
15.
Missed dose calibrator tests.
16.
Failure to appropriately post areas whers radioactive materials are stored or used.
- This list is not all-inclusive.
Many Severity Level IV or V violations may be cited on an NRC Form 591.
See the Enforcement Manual for additional guidance.
Issue Date: 04/17/95 E6-1 2800, Enclosure 6 l
. -