ML20055D327
| ML20055D327 | |
| Person / Time | |
|---|---|
| Issue date: | 01/10/1989 |
| From: | Treby S NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Mate J 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 AC91-1-024, AC91-1-24, NUDOCS 9007060185 | |
| Download: ML20055D327 (18) | |
Text
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January 10, 1989 3 1 6 3 ')
MEMO FOR: Joseph S. Mate Regulation Development Branch Division of Regulatory Applications Office of Nuclear Regulatory Research FROM:
Stuart A. Treby Assistant General Counsel for Rulemaking and Fuel Cycle Office of the General Counsel
SUBJECT:
COMMENTS ON PROPOSED RULE -- NOTIFICATION OF EVENTS We have reviewed the proposed rulemaking on Notification of Events. Our coments are contained on the enclosed markup of the package.
Arm (/15d
^
Stuart A. Treby Assistant General Counse for Rulemaking and Fuel Cycle
'r 9007060105 900626 PDR PR 20 55FR19090 PDR
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[7590-01]
NUCLEAR REGULATORY COMMISSION 10 CFR PARTS 20, 30, 40, AND 70 NOTIFICATION OF INCIDENTS l
AGENCY:
Nuclear Regulatory Commission.
[
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ACTION:
Proposed Rule.
SUMMARY
The Nuclear Regulatory Commission proposes to amend its regulations to clarify licensee reporting requirements regarding the Notification of Non-Reactor Incidents.
This action is needed because current reporting requirements are unclear and, as a result, licensees do not always report incidents that the NRC staff believes should be reported. This proposed rule, if promulgated, will affect materials licensees reporting under 10 CFR Parts 20, 30, 40, and 70.
DATE: The comment period expires 45 days after publication in the Federal Register.
Comments received after this date will be considered if it is practical to do so, but the Commission is able to assure consideration only for comments received on or before this date.
ADDRESSES: Written comments should be mailed to Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555 ATTN:
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 comments received on the proposed rule, may be examined at the NRC Public Document Rcam, 2120 L Street NW, Washington, DC.
FOR FUTHER INFORMATION CONTACT:
Joseph J. Mate, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 492-3795 or Kevin Ramsey, Office of Nuclear Materials Safety and 1
[7590-01]
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301)492-0534 Supplementary Information:
Background
10 CFR 20.403 (Notification of incidents) requires that NRC licensees report an event involving byproduct, source, or special nuclear material that causes or threatens to cause:
the exposure of the whole body to specific levels of radiation, the release of radioactive material in specific concentrations, the loss of time relative to the use of f acilities, or damage to property in excess of a specific dollar amount. The event is to be reported either insnediately 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 6 20.403.
Over the past two or three years, tit has become a concern of NRC m
h f
not clear,.because licensees a %
thatcegt n prov,is,1,ongof 6,20.403 4
re not reportfag,e h t thT' staff believes should be>Ieported.
\\
A Discussion As a result of these incidents, the NRC staff has examined the provisions of 6 20.403 and based on this reexamination has decided that revisions for the a.
o purpose of clarity are in orderfsThe proposed rulegal king would amend Wh
^
paragraphs (a) and (b) to clarify licenseds reporting requirements.
5 20.403
~ '11e Oihe2hNagraphs a'e reasonably clear in terms of licensee reporting r
requirements for events involving exposures and releases of radioactive a
te r-materials,they-arenafclearconcerning,e'ventsinvolvinglossofoperations r.nd damage to. property. } Additionally, the !rblemaking w'ill define the term -
immediate" in terms of time.
Finally >those portions o.f 5 20.403 dealing
. ic i
e siEh, loss of operations and damage to property, currently,in paragraphs (a)(3)
(a)(4), (b)(3) and (b)(4);are being moved to Parts 30, 40, and 70.
This_._
+
action is being taken-because dhe staff believes that since these changes
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primarily affect materials licensees, the[chhnges should be reflect $d in the
.o e an. <.. a s %'! a,p.plicable. materials licensees,,part-of-the 10 CFR.
Since-these-reporting
. requirements are, codified in the Federal Regulations, there are no viable alternatives to changing the current regulations.
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Impact D
The impact of the proposed regulations should be minimal to material licensees since no new requirements are being added to the regulations.
These changes are considered to be a clarification of existing regulations.
Environmental Impact: Categorical Exclusion The NRC has determined that the proposed regulations are the type of action describedinthecategoricalexclusion10CFR51.22(c)(3).
Therefore neither an environmental impact statement nor an environmental assessment has been prepared for this proposed regulation.
Paperwork Reduction Act Statement Tht proposed rule does not contain any new or amended information collection requirements subject to the Paperwork Reduction Act of 1980 (44 U.S.C., 3501 et SEQ.).
Existing requirements were approved by the Office of Management and Budget and Budget Approval number 3150 -
Regulatory Analysis l
The NRC's Regulatory Analysis Guidelines establish the criteria which require the performance of a regulatory analysis to accompany all rulemakings.
A regulatory analysis is not required for this proposed action because it would not result in:
1.
An annual effect on the economy of $100,000,000 or more, 2.
A significant impact on health, safety, or the environment, or i
l-1
" Regulatory Analysis Guidelines of the U.S. Nuclear Regulatory l
Commission", NVREG/BR-0058, Rev. 1, May 1984 3
~,
[7590-01) 3.
A substantial increase in the cost to NRC licensees, permit holders or any other private or public entities.
Although new 10 CFR parts are being added, the proposed rule is primarily one of clarification of an existing rule. The anticipated impact is well removed from the regulatory anagsis-triggering limits.
Based-upon conversations with
.P staff idAE0D a'nd-AP&,khe NRC receives less than 50 letter reports annually in responshto~th'eexfMngi.20.403 Cha Odch letter is usually a "'~~"jI v.a. 4 eem couple of pages long;7the cost of preparing an average letter for a licensee or permit holder would be less than $100. (largincreaseinthenumberof,
' c,,-
eq',4'N' h ?-
letter reports is not expected as a result ofythis prop ed revision.
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N Regulatory flexibility Certification fl.
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In accordance with the Regulatory flexibility Act of 1980 (5 U.S.C 605 b), the Consnission certifies that this rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. The proposed rule is not adding any new reporting requirements to the Code of federal Regulations.
Rather, the proposed rule is intended to clarify current reporting requirements for materials licensees.
Backfit Analysis The NRC has determined that the backfit rule,10 CFR 50.109, does not apply to this regulatory action because these proposed amendments do not involve any provisions which would impose backfits as defined in 10 CFR 50.109 (a)(1).
Therefore a backfit analysis is not required.
4
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[7590-01)
List Of Subjects in 10 CFR 20, 30, 40, and 70 PART 20:
Byproduct material, licensed material, nuclear materials, nuclear j
power plants and reactors, occupational safety and health, packaging and containers, penalty, radiation protection, reporting and recordkeeping 1
requirements, special nuclear material, source material, and waste treatment and disposal.
PART 30:
Byproduct material, government contracts, intergovernmental relations, isotopes, nuclear materials, penalty, radiation protection, reporting and recordkeeping requirements.
1 PART 40:
Government contracts, hazardous materitis-transportation, nuclear materials, penalty, reporting and recordkeeping requirements, source material and uranium.
PART 70: Hazardous materials-transportation, nuclear materials, packaging and containers, penalty, radiation protection, reporting and recordkeeping requirements, scientific equipment, security measures, and special nuclear material.
For 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 ;;3 amendments to 10 CFR Parts 20, 30, 40, and 70:
PART 20 - STANDU 'S FOR PROTECTION AGAINST RADIATION.
1.
The authority citation for Part 20 is revised 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).
Section 20.408 also issued under secs. 135, 141, Pub. L.97-425, 96 Stat.
2232,_2241 (42 U.S.C. 10155, 10161).
5
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l For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
$$ 20.101, 20.102, 20.103(a), (b), and (f), 20.104(a) and (b), 20.105(b),
20.106(a),20.201,20.202(a),20.205,20.207,20.301,20.303,20.304,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),20.401-20.407,20.408(b),and20.409 are issued under sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
2.
In 5 20.403 the introductory text of paragraph (a) is revised, paragraphs (a)(3),(a)(4),(b)(3),and(b)(4)areremoved,andparagraph (e)isaddedtoreadasfollows:
6 20.403 Notification of Incidents (a)
Immediate notification.
Each licensee shall immediately, and in no case later than one hour after discovery of an event, report any events involving licensed nuclear material possessed by the licensee that may have caused or threatens to cause:
(e) Each licensee who holds a license issued under Parts 30, 40, or 70 shall make the appropriate notifications as required by those Parts.
PART 30 - RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF BYPRODUCT 1.
The authority citation for Part 30 is revised to read as follows:
AUTHOR 1'ti; 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, 2232, 2233, 2236, 2282); secs. 201, as amended, 202, 206, 88 Stat.
1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).
6
[7590-01)
Section 30.7 also issued under Pub. L.95-601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851).
Section 30.34 (b) also issued under sec. 184, 68, Stat.
954, as amended (42 U.S.C. 2234).
Section 30.61 also issued under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).
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,and30.56(b)and(c)areissuedunder sec. 1610, 68 Stat. 950, as amended (42 U.S.C. 2201(o)).
2.
A new Section 30.50 is added to read as follows:
30.50 Notification Requirements (a) Immediate notification. Each licensee shall immediately, and in no case later than one. hour after discovery of an event, notify the NRC of the following:
(1) Any event that causes or threatens to cause a loss of one workin wek 4
or more of the use or operation of any device, container, equipment N
containing more than one hundred times the quantity of licensed material shown in 10 CFR 20 Appendix C, or any room or building in which such quantities of licensed material are used or stored; or (2) Any event t in total costs and [ h {at causes damage expected to exceed $200,000 oIed f the following:
.v,x,
(i) repair / replacement costs for any device, container, or equipment
'1
.containing more than one hundred times the quantity of licensed material shown in 10 CFR 20 Appendix C, l
t c hy N
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\\ ' y cq(ii) repair / replacement costs for any room or building in which
' d licensed material is used or stored in quantities greater than one s:
, hundred times the quantities listed in 10 CFR 20 Appendix C, and. Or-u _
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[7590-01]
(iii) costs for any radioactive decontamination and or disposal efforts.
(3) Any event or condition that affects t ( fety o %fliJensedmaterial
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sa or threatens personnel using licensed materia rthIpreventsthe performance of duties necessary to maintain and verify control of licensed material (includesfires,toxicgasreleases,radioactivereleases,etc.).
(4) Any event or condition involving licensed material related to the health and safety of the public or licensee personnel, for which a news release has or will be made or where notification of another government agency has or will be made.
(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 the following events:
N
' N.,
(1) Any event that causes or threatens to cause a loss of 6[e day or ' ore of the use or operation of any device, container, or equipme M o'ntI bing more than one hundred times the quantity of licensed material shown in 10 CFR 20 Appendix C, or any room or building in which such quantitiec of licensed material are used or stored; or l
(2) Any event that causes damage expected to exceed $2,000 in total costs and4N$h$bh-Ofthefollowing:
QAy (i) repair / replacement costs for any device, container, or equipment containing more than one hundred times the quantity of licensed material shown in 10 CFR 20 Appendix C, l
(ii) repair / replacement costs for any room or building in which licensed material is used or stored in quantities greater than one hundred times the quantities listed in 10 CFR 20 Appendix C,-and-O F (iii) costs for any radioactive decontamination and or disposal efforts.
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..q M1 (3) Any'areWM[ contamination event requiring decontamination or cleanup w.
...-.-.-w activity that takes more than 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> to complete from the time the activity is initiated.
(4) Any event which results in the manual or automatic actuation of an alarm, emergency shielding mechanism, or other safety feature.
Note:
preplanned actuation of safety features for testing or drills need not be reported.
)
(5) Any event that prevented or could have prevented the fulfillment of the safety function of structures or systems needed to control releases of radio-I active material, to prevent exposure to radiation, or to mitigate the conse-quences of an accident.
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U (6) Any condition found during nonoperational periods that, if allowed to exist h
during operational periods, would render a shield, lock, or other safety 5 \\
barrier ineffective or would otherwise result in en unsafe situation.
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, 'b 5 '(7) Any event which requires the transport of an individual who is radio-M***
actively contaminated to a medica'l' facility for treatmant.
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v-I (c) Preparation and submission of reports.
Reports filed with the Commission 3pursuanttothissectionshallbepreparedsothatthenamesofindividualswho
(
T have received exposure to radiation will be stated in a separate part of the i
report. Reports made by licensees in response to the requirements of this L
section.must be made as follows:
~
.y -
(1) Licensees shall make the reports required by paragraphs (a) and (b) of this y'
section by telephone to the NRC Operations Center and by telegram, mailgram or
\\f facsimile to the Administrator of the appropriate NRC Regional Office listed in
\\. Appendix D of 10 CFR 20.
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(2) Thirty day written report.
In addition to the notifications required by Part 30 or any of its subsections, each licensee who reports an event 9
'k
[7590-01) i requiring NRC notification within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of discovery of the event shall make a report in writing within 30 days of the event.
These written reports should be addressed to the Administrator of the appropriate NRC Regional office. The reports should include the following:
a description of the ever,t, a descrip-tion of the effectiveness of the response, the current situation, and the results of any evaluations or assessments if applicable.
PART 40 - DOMESTIC LICENSING OF SOURCE MATERIAL 1.
The authority citation for Part 40 is revised to read:
AUTHORITY:
Secs. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68 Stat. 932, 933, 935, 948, 953, 955, as amended, secs. 11e(2), 83, 84, Pub. L.95-604, 92 Stat.
3033,asamended,3039,sec.234,83 Stat.444,asamended(42U.S.C.2014(e)(2),
2092, 2093, 2094, 2095, 2111, 2113, 2114, 2201, 2232, 2233, 2236, 2282); sec. 274, o b. L.86-373, 73 Stat. 688 (42 U.S.C. 2021); secs. 201, as amended, 202, u
206, 80 Stat.1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); sec. 275, 92 Stat. 3021, as amended by Pub. L.97-415, 96 Stat. 2067 (42 U.S.C.
2022).
section 40.7 also issued under Pub. L.95-601, sec.10, 92 Stat. 2951 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 (42 U.S.C. 2234).
Section 40.71 also issued under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).
For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
$$ 40.3, 40.25(d)(1)-(3), 40.35(a)-(d), 40.41(b) and (c), 40.46, 40.51(a) and (c), and 40.63 are issued under sec.161b, 68 Stat. 948, as amended (42 U.S.C.
2201(b)); and $$ 40.5, 40.9, 40.25(c), (d)(3), and (4), 40.26(c)(2), 40.35(e),
40.42, 40.61, 40.62, 40.64, and 40.65 are issued under sec. 1610, 68, Stat.
950, as amended (42 U.S.C. 2201(o)).
2.
New Section 40.60 is added to read as follows:
40.60 Notification Requirements 10
[7590-01]
(a) Innediate notification.
Each licensee shall immediately, and in no case later than one hour after discovery of an event, notify the NRC of the following:
Ui Any event that causes or threater.; to cause a loss of one working week or mort of the use or operation of any device, container, or equipment containing more tlan 15 klograms of natural ugnium, 30\\ilograms of enriched U-238, or 90 Kil4 ~., u ; thorium (Th-232) organy room or building in which such quantities of licensed material are used or stored; or (2).Any event thhc causes damage expected to exceed $200,000 in total costs and is}c"ohoNd'-ofthefollowing:
D (1) repair / replacement costs for any device, container, or equipment containing more than 15 Kilograms of natural uronium, 30 Kilograms of U-238,or90'KilogramsofThorium(U-232).
(ii) repair / replacement costs for any ro_om or building in which licensed material is used or stored in quantitiesloor%(than 15 Kilograms of natural 1
uranium, 30 Kilograms of enriched U-238, or 90 Kilograms of Thorium (Th-232).
~
(iii) costs for any radioactive decontamination a or disposal efforts.
~
2
- 3) Anymeyent or condition that affects the safety of licensed material or l t. s threatens personnel using licensed material or that prevents the performance
- .'s of duties Iecessary to maintain and verify control of licensed material IS (includes fires, toxic gas releases, radioactive releases, etc.).
6
~
q (4) Any event or condition involving licensed nuclear material related to (jo health and safety of the public or licensee personnel, for which a news release c[
has or will be made or where notification of another government agency has or l
i%-
will be made, n v-4$
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[7590-01) y (b) Twenty-fourhournotification.
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 /> af ter the discovery of the following events:
(1) Any event that causes or threatens to cause a loss of one day or more of the use or operation of any device, contjiner, or equipment containing more than 15 ' ilograms of natural uranium, 30 Kilograms of enriched U-238, or K
90 \\11ograms of Thorium (Th-232), or ny room or building in which such-quantities of licensed material are used or stored; or (2) Any event that causes damage expected to exceed $2,000 in total cot.ts and
-i M po N -of the followino:
k (1) repa r/ replacement costs for any device, container, or equipment containingmorethan15\\ilogramsofnaturaluranium,30 lograms of enriched.U-238 or 90 ilogramsofThorium(U-232]
(ii) repair / replacement costs for any room or building in which licensed materialisusedorstoredinquantitiesmorethan15kilogramsofnatural uranium, 30' Kilograms of enriched U-238 or 90 ilograms of Thorium (Th-232), erd or br (iii) costs for any radioactive decontaminction %d disposal efforts.
M (3) Any-ecc' & r.taY contamination event requiring decontamination or cleanup activity that takes more than 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> to complete fron the time the activity is initiated.
(4) Any event which results in the manual or automatic actuation of an alarm, emergency shielding mechanism, or other safety feature.
l flote:
Preplanned actuation of safety features for testing or drills need not be reported.
l (5) Any event that prevented or could have prevented the fulfillment of the safety function of structures or systems needed to control releases of l
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a
[7590-01]
radioactive material, to prevent exposures to radiation, or to mitigate the consequences of an accident.
(6) Any condition found during nonoperational periods that, if all0wed to exist
'during operational periods, would render a shield, lock or other safety barrier ineffective or would otherwise result in an unsafe situation.
(7) Any event which' requires the transport of an individual who is radio-actively. contaminated to a medical facility for treatment.
(c) Preparation and submissior, of reports.
Reports filed with'the Commission-pursuant to this section shall be prepared so that the names of individuals who 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:
(1) Licensees shall make the reports required by paragraphs (a)'and (b) of this section by telephone to the NRC Operations Center and by telegram, mailgram or
' facsimile to the Administrator of the appropriate NRC Regional Office listed in Appendix 0 of 10 CFR Part 20.
(2) Thirty day written report.
In addition to the notifications required by Part 40 or any of its subsections, each licensee who reports an event requiring NRC notification within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of discovery of the event shall make a report in writing within 30 days cf the event. These writtea reports should be addressed to the Administrator of the appropriate NRC Regional Office.
The
' reports should include the following: a description of the event, a descrip-tion of the effectiveness of the response, the current situation, and the results of any esaluations or assessments if applicable, PART 70 DOMESTIC LICENSING 0F SPECIAL NUCLEAR MATERIAL The authority citation for Part 70 is revised to read:
13 Enclosur. 1
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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).
Section70.21(9) also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152).
Section 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 (42 U.S.C.
2234).
Section 70.61 also issued 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 (42U.S.C.2138).
-For the purposes of sec. 223, 68 Stat. 958, as amended (42 U.S.C. 2273);
65 70.3, 70.19(c), 70.21(c), 70.22(a), (b), (d)-(k), 70.24(a) and (b),
70.32(a)(3), (5), (6), (d), and (i), 70.36, 70.39(b) and (c), 70.41(a),
70.42(a) and (c), 70.56, 70.57(b), (c), and (d), 70.53(a)-(g)(3), and (h)-(j) are issued under sec. 161b, 68 Stat. 948, as amended (42 U.S.C. 2201(b));
QS 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)areissueducdersec. 1611, 68 Stat. 949, as amended (42 U.S.C. 2201(1)); and 55 70.5, 70.9, 70,20b(d) and (e), 70.38, 70.51(b) and (i), 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. 1610, 68 Stat,. 950, as amended (42 U.S.C. 2201(o)).
2.
New Section 70.50 is added to read as follows:
I i
70.50 Notification Requirements (a) Immediate notification.
Each licensee shall immediatcly, and in no case later than one hour af ter discovery of an event, notify the NRC of the following:
l 14
[7590-01)
(1) Any event tnat causes or. threatens to cause a loss of one working week or
.more of the use or operation of any device, container, or equipment containing more'thanonehundredtimpsthequantityoflicensedmaterialshownin.
10 CFR 20 Appendix C, or /any room or building in which such quantities of licensed n.aterial are used or stored; or i
'(2) ny event that causes damage expected to exceed $200,000 in total costs and
~Yccichofthefollowing:
(i) repair / replacement costs for any device, container, or equipment containing more than one hundred times the. quantity of licensed material shownin10CFR20AppendixCj (ii) repair / replacement costs for any room or building in which licensed material is used or stored in quantities greater than one hundred times the quantities listed in 10 CFR 20 Appendix Cj 2nd M (iii)costsforanyradioactivedecontaminationKdordisposalefforts.
(3) Any' event or condition that threatens the safety._ of licensed material or personnel using licensed material or that prevents the performance of duties y<
% h - necessary to maintain and verify control of licensed material (includes fires,
/
toxic gas releases, radioactive releases, etc.).
(*
(4) Any event or condition involving licensed material related tc the health and safety of the public or licensee personnel, for which a news release has or will be made or where notification of another government agency has or will be made.
(b). Twenty-fourhournotification.
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 the following events:
(1) Any event t'nat causes or threatens to cause a loss of one day or more of the use or operation of any device, container, or equipment containing more than one hundred times the quantity of licensed material shown in 1
15
r..
[7590-01]
g 10 CFR 20 Appendix C, orfany room or building in which such quantities of licensed material are used or stored; or 3(2)Anyevgn that causes damage expected to exceed $2,000 in total costs and 4D b the following:
(1) repair / replacement costs for any device, container, or couipaent containing more than one hundred times the quantity of licensed material shownin10CFR20AppendixCJ (ii) repair / replacement costs for any room or building in which licensed material is used or stored in quantities greater than one hundred times the quantities listed in 10 CFR 20 Appendix C; ant of (iii) costs for any radioactive decontamination a d or disposal efforts.
-(3) Any eeeH en b ntamination event requiring decontamination or cleanup activity that takes more than 12 hours1.388889e-4 days <br />0.00333 hours <br />1.984127e-5 weeks <br />4.566e-6 months <br /> to complete from the time the activity is initiated.
(4) Any event which results in the manual or automatic actuation of an alarm, emergency shielding mechanism, or other safety feature.
Note:
Preplanned actuation of safety features for testing or drills need not be reported.
(5) Any event that prevented or could have prevented the fulfillment of the safety function of structures or systems needed to control releases of radio-active material, to prevent exposure to radiation, or to mitigate the consequences of an accident.
(6) Any condition found during nonoperational periods that, if allowed to exist during operational periods, would render a shield, lock or other safety barrier ineffective or would otherwise result in an unsafe situation, 16
[7590-01)
(7) Any event which requires the transport +
of an individual who.is radio-
-actively contaminated to a medical facility for treatment.
(c) Preparation and submission of reports.
Reports filed with the Commission pursuant to this section shall be prepared so that the names of individuals 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:
(1) Licensees shall make the reports required by paragraphs (a) and (b) of this section by telephone to the NRC Operations Center and by telegram, mailgram or facsimile to the Administrator of the appropriate NRC Regional Office listed in Appendix D of 10 CFR Part 20.
-(2) Thirty day written report.
in addition to the notification required by Part 70 or any of its subsections, each licensee who reports an event requiring NRC notification within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of discovary of the event shall make a report in writing within 30 days of the event. These written reports should be addressed to the Administrator of the appropriate NRC Regional Office.
The reports should include the following:
a description of the event, a descrip-tion of the effectiveness of the response, the current situation, and the results of any evaluations or assessments if applicable.
Dated et Rockville, Maryland, this day of
, 1988.
For the Nuclear Regulatory Commission.
Victor Stello, Jr.
Executive Director for Operations.
17