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NUREG/BR-0117

NO. 15-01

TWO NEW 

COMMISSIONERS 

FOR THE NRC

 PAGE 1

ADVISORY COMMITTEE 

MEETING 

 PAGE 2

FROM THE DESK OF 

THE DIRECTOR

 PAGE 3

SIGNIFICANT 

LICENSING ACTIONS

 PAGE 4

SOURCE RECOVERY 

EFFORTS

 PAGE 5

SIGNIFICANT 

ENFORCEMENT 

ACTIONS

 PAGE 7

GENERIC 

COMMUNICATIONS 

ISSUED

 PAGE 9

SELECTED FEDERAL 

REGISTER NOTICES

 PAGE 10

ONGOING 

RULEMAKINGS

 PAGE 11

TO OUR READERS

 PAGE 13

TWO NEW 

COMMISSIONERS 

FOR THE NRC

The U.S. Nuclear Regulatory 

Commission (NRC) is headed 

by five Commissioners 

appointed by the President 

and confirmed by the Senate 

for five-year terms. The 

President of the United States 

designates one Commissioner 

to be the Chairman and official 

spokesperson of the Commission. 

The Commission as a collegial body formulates policies, develops regulations 

governing nuclear reactor and nuclear material safety, issues orders to licensees, and 

adjudicates legal matters.

President Obama nominated Jeff Baran—and the Senate confirmed him—to serve 

the remainder of a term vacated by Commissioner William Magwood. That term 

will end June 30, 2015. On October 14, 2014, Mr. Baran was sworn in as the 34th 

individual to serve on the Commission since its inception in 1975. 

Commissioner Baran comes to the NRC from the U.S. House of Representatives, 

where he served for over 11 years. He most recently served as the Staff Director 

for Energy and Environment for the Democratic staff of the House Energy and 

Commerce Committee. He previously served as senior counsel to the committee. 

During his tenure with the Energy and Commerce Committee, Commissioner 

Baran’s primary area of responsibility was to oversee NRC activities. 

Commissioner Baran took the oath of office as a Commissioner in the Commission 

hearing room. At the event, former Chairman Allison M. Macfarlane said, “We’re 

pleased to welcome Jeff to the Commission and look forward to benefitting from his 

energy and commitment to safety. We have substantial work ahead of us, and I am 

confident that Jeff will make a valuable contribution to our mission.”

After taking his oath, Commissioner Baran stated, “The NRC’s nuclear safety mission 

has never been more important, and I look forward to working with my colleagues 

and the NRC staff to advance the agency’s vital mission.”

President Obama also nominated Stephen Burns, a 33-year veteran of the NRC, 

to serve on the Commission. The Senate confirmed his nomination to serve as 

Commissioner Jeff Baran Chairman Stephen Burns

Continued on page 2

OFFICE OF NUCLEAR MATERIAL 

SAFETY AND SAFEGUARDS
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NMSS

the 35th individual to become an NRC Commissioner. His term will expire on June 30, 2019. 

On November 5, 2014, Mr. Burns took the oath of office from former Chairman Macfarlane in 

the Commission’s hearing room at the NRC’s headquarters in Rockville, MD. After Dr. Allison 

MacFarlane announced that she was resigning as Chairman of the NRC to pursue academic 

endeavors, President Obama appointed Commissioner Burns as the new NRC Chairman.

Chairman Burns has a distinguished career as an attorney both within the NRC and 

internationally. Most recently, he was the head of legal affairs for the Organization for Economic 

Cooperation and Development (OECD) Nuclear Energy Agency, a position he has held since 

2012. Before joining the OECD, he served at the NRC in a variety of roles, including as the 

NRC’s Deputy General Counsel, Executive Assistant to former NRC Chairman Kenneth M. Carr, 

and most recently as the NRC’s General Counsel. 

At the ceremony, former Chairman Macfarlane stated, “Steve Burns’ in-depth knowledge of the 

Commission, acquired from service in a wide range of positions at the agency, as well as his 

knowledge of policy development and the issues we face at the NRC, will be invaluable to all of 

us. We look forward to his service.”

Chairman Burns stated, “After decades of serving the Commission in a legal capacity, it is truly 

an honor to join the Commission as a member. The NRC has an important role in protecting 

the American people, and I look forward to working with our other Commissioners in making 

decisions that strengthen nuclear safety and security.”

ADVISORY COMMITTEE MEETING 

On September 29th and 30th, 2014, the Advisory Committee on the Medical Uses of Isotopes 

(ACMUI) met at NRC headquarters to discuss issues that included the following: 

• licensing under Title 10 of the Code of Federal Regulations (10 CFR) 35.1000, 

“Other Medical Uses of Byproduct Material or Radiation from Byproduct Material”

• yttrium-90 microspheres medical event reporting criteria

• event reporting databases 

In addition to the typical deliberations of the ACMUI biannual meetings, the Acting Deputy 

Director of the former Office of Federal and State Materials and Environmental Management 

Programs (FSME), Ray Lorson, gave special presentations to three outgoing members of the 

ACMUI: Dr. James Welsh, Dr. Orhan Suleiman, and Dr. Milton Guiberteau. 

Dr. Welsh has served on the ACMUI since 2007 as a brachytherapy radiation oncologist. He 

was noted for actively participating in committee meetings and providing valuable advice to 

the NRC on policy issues relating to radiation oncology, specifically for permanent implant 

brachytherapy. 

In 2004, the U.S. Food and Drug Administration (FDA) selected Dr. Suleiman to serve on 

the ACMUI as the FDA representative. As the second longest serving member, he actively 

participated in committee meetings and provided valuable advice to the NRC on policy 

issues that involve FDA processes, the molybdenum–99 shortage, and radioisotope generator 

breakthrough. He also worked closely with staff to develop a memorandum of understanding 

between the NRC and FDA.

Dr. Guiberteau was the first diagnostic radiologist appointed to the ACMUI. The ACMUI and 

staff supported his appointment as the 13th member of the advisory committee, citing his 

From left to right: Laura Dudes, Director, 

Division of Material, State, Tribal and 

Rulemaking Programs (MSTR); Dr. 

James Welsh; and Ray Lorson, Acting 

Deputy Director of the former FSME.

Pictured in Center: Dr. Orhan Suleiman.

Continued on page 4
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FROM THE DESK OF 

THE DIRECTOR

In the last newsletter, I discussed the merger of FSME and 

NMSS. The past few months have brought about a few more 

changes. We now have new leadership at the NRC with the 

appointment of Commissioner Stephen Burns as Chairman. 

Many of us worked with him in his earlier role as NRC’s 

General Counsel, and we know of his dedication to the agency’s 

safety and security mission and NRC’s focus on communication 

and transparency. I look forward to working with Chairman 

Burns, and the whole Commission, on NMSS’s important tasks. 

With a number of changes, I believe it is important to continue 

to focus on a positive safety culture. In 2011, NRC developed 

the NRC’s Safety Culture Policy Statement (SCPS). This 

statement sets forth the Commission’s expectation that 

individuals and organizations establish and maintain a positive 

safety culture. Because safety and security are the primary 

pillars of the NRC’s regulatory mission, consideration of both 

safety and security issues, commensurate with their significance, 

is an underlying principle of the SCPS. 

While developing the policy statement, a strong level of 

cooperation and rapport was developed between NRC staff 

and the external stakeholder community. This cooperation and 

rapport enhanced the development process and added to the 

quality and credibility of the SCPS. 

The NRC recognizes that licensees bear the primary 

responsibility for the safe and secure use of nuclear materials, 

while the NRC, as the regulator, must consider the importance 

of safety culture in its oversight programs. Establishing and 

maintaining a positive safety culture directly contributes to 

the safe and secure use of radioactive materials. The SCPS 

applies to all licensees, certificate holders, permit holders, 

authorization holders, holders of quality assurance program 

approvals, vendors and suppliers of safety-related components, 

and applicants for a license, certificate, permit, authorization, or 

quality assurance program approval, subject to NRC authority. 

In addition, the Commission encourages the Agreement States, 

Agreement State licensees and other organizations interested in 

nuclear safety to support the development and maintenance of 

a positive safety culture, as articulated in the SCPS. 

SCPS includes a list of nine traits further defining a positive 

safety culture. These traits describe patterns of thinking, feeling, 

and behaving that emphasize safety, particularly in goal conflict 

situations, such as when safety goals conflict with production, 

schedule or cost goals. I would like to highlight one of the nine 

safety culture traits that I find has a significant influence on 

change initiatives. “Leadership Safety Values and Actions” is when 

leaders demonstrate a commitment to safety in their decisions 

and behaviors. 

This trait is so important because leaders exert significant 

influence on change initiatives and play an important role in 

establishing an organization’s environment and safety culture. 

This leads employees to their own interpretations, thereby 

positively or negatively affecting the organization’s safety culture. 

It is clear that behavior matters and leadership behaviors that 

support a positive safety culture are critical.

The NRC staff has developed educational tools to assist 

regulated communities in understanding safety culture and the 

expectations of the SCPS. Please take a few minutes to look at 

the information related to the SCPS and the educational tools 

on the safety culture webpage at: http://www.nrc.gov/about-nrc/

safety-culture.html and please support a strong, positive safety 

culture within your organization!

Catherine Haney, Director
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Pictured in Center: Dr. Milton Guiberteau

demonstrated experience and expertise. The Commission approved this request in 

December 2009, and he was appointed to his first term in January 2011. He has served 

as the ACMUI Vice Chairman since May 2013. 

Mr. Lorson presented Dr. Welsh, Dr. Suleiman, and Dr. Guiberteau with gold-plated NRC 

pins, a flag that had been flown over the U.S. Capitol and a letter from U.S. Representative, 

Christopher Van Hollen. 

The ACMUI advises the NRC on policy and technical issues that arise in the regulations of 

the medical uses of radioactive material in diagnosis and therapy. The ACMUI membership 

includes health-care professionals from various disciplines who comment on changes to NRC 

regulations and guidance; evaluate certain non–routine uses of radioactive material; and bring 

key issues to the attention of the Commission for appropriate action. 

For additional information about the ACMUI, please visit http://www.nrc.gov/about-nrc/

regulatory/advisory/acmui.html.

(Contact: Gina Davis, NMSS, 301–415–6412 or Gina.Davis@nrc.gov)

SIGNIFICANT LICENSING ACTIONS 

On October 23, 2014, the NRC issued a renewed license to Exelon Generation Corporation, 

LLC (Exelon Generation), for its Materials License (Special Nuclear Material (SNM) – 2505) 

for the receipt, possession, transfer, and storage of spent fuel at the Calvert Cliffs independent 

spent fuel storage installation (ISFSI), located in Calvert County, Maryland. The renewed license 

authorizes operation of the Calvert Cliffs ISFSI in accordance with the provisions of the renewed 

license and its technical specifications. The renewed license will expire on November 30, 2052.

In 1984, the NRC promulgated 10 CFR 51.23, “Temporary Storage of Spent Nuclear Fuel 

after Cessation of Reactor Operation-Generic Determination of No Significant Environmental 

Impact,” known as the Waste Confidence rule, which generically satisfied the NRC’s National 

Environmental Policy Act obligations to evaluate continued storage in license proceedings 

involving initial licensing and relicensing of nuclear power reactors and ISFSIs. Since that time, the 

NRC has updated the Waste Confidence rule on several occasions, with the previous update 

occurring in 2010. 

Exelon Generation’s license renewal application was submitted on September 17, 2010, within 

two years of the original license expiration date of November 30, 2012, and therefore was 

considered in timely renewal. However, in 2012, in response to a lawsuit that challenged the 

2010 update, the United States Court of Appeals for the District of Columbia Circuit vacated 

the NRC’s 2010 update to that rule and remanded it to the NRC. Thereafter, the Commission 

determined on August 7, 2012, that the NRC would not issue licenses dependent upon the 

formerly known Waste Confidence Decision and Temporary Storage Rule until the Court of 

Appeals’ decision was appropriately addressed. The license renewal application was therefore 

placed on hold. 

On September 19, 2014, the NRC published in the Federal Register a final rule, 10 CFR 51.23, 

‘‘Environmental Impacts of Continued Storage of Spent Nuclear Fuel beyond the Licensed Life 

for Operations of a Reactor.’’ The rule, which became effective October 20, 2014, codified the 

NRC’s generic determinations regarding the environmental impacts of the continued storage of 

spent fuel. The NRC reiterated that the revised 10 CFR 51.23 and associated NUREG–2157 

continued from page 2
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5

“Generic Environmental Impact Statement for Continued Storage of Spent Nuclear Fuel” 

addressed the deficiencies identified by the court and stated that the rule satisfied the NRC’s 

National Environmental Policy Act obligations with respect to continued storage.

The NRC issued its initial environmental assessment (EA) and finding of no significant (FONSI) 

on June 8, 2012, and its updated EA/FONSI on October 23, 2014. The updated EA/FONSI 

considered the environmental impacts of continued storage in accordance with NUREG-2157. 

The renewed license incorporates aging management programs that require periodic 

inspections of importance to safety systems, structures, and components to ensure that the 

technical bases of the renewed license remain valid. The renewed license also requires Exelon 

Generation to submit an evaluation related to high burnup fuel cladding performance by 

April 30, 2028. The evaluation includes assessment of high burnup fuel assemblies with respect 

to cladding creep, fuel rod breach, moisture content and hydrogen content. 

(Contact: John Goshen, NMSS, 301–287–9250 or John.Goshen@nrc.gov)

SOURCE RECOVERY EFFORTS

The U.S. Department of Energy’s (DOE’s) National Nuclear Security Administration (NNSA) leads 

U.S. efforts to prevent the proliferation of dangerous nuclear and radiological materials worldwide. 

DOE/NNSA, through the Global Threat Reduction Initiative, has a mission to convert, remove, and 

protect high-priority radioactive sealed sources located at civilian sites worldwide. 

For nearly 15 years, DOE/NNSA’s Offsite Source Recovery Project (OSRP) has facilitated the 

recovery and disposition of thousands of excess radioactive sealed sources that could pose a 

threat to national security, public health, and safety. OSRP’s source recovery efforts are critically 

dependent on the project’s ability to transport recovered sources to secure storage and disposal 

locations. DOE/NNSA relies on Type B containers for the transport of high activity cesium–137 

and cobalt–60 sources, such as those used in irradiation, calibration, and cancer treatment devices. 

However, as a result of a 2004 effort to harmonize U.S. packaging and transportation regulations 

with those of the international community (TS-R-1), 1 certifications for a significant number of the 

Type B containers expired in 2008. Since most manufacturers only produce packages licensed 

to transport devices they are currently selling, there was a significant reduction in the number of 

multi-use packages needed to transport older sealed sources and devices as they became disused 

and unwanted.

While the U.S. Department of Transportation (DOT) provided a limited number of special 

permits and authorizations on a temporary and case-by-case basis for use of the expired DOT 

packages, these special permits expired in June 2011. In 2010, the interagency Radiation Source 

Protection and Security Task Force (Task Force), chaired by the NRC, recognized the security 

implications of the Type B container shortage. The 2010 task force report recommended that “the 

U.S. Government enhance support of short-term and long-term research and development of 

certified Type B containers for use in domestic and international source recovery efforts.” 

To address this challenge, DOE/NNSA and OSRP have been working with both domestic 

and international partners to develop general use Type B transport containers for use both 

domestically and internationally. DOE/NNSA received the NRC Certificate of Compliance (CoC) 

in July 2014 for a new Type B container, the 435-B. DOE/NNSA has been working with AREVA, 

DOE/NNSA Packaging and Transportation, and Los Alamos National Laboratory to design and 

certify this new Type B container. The 435-B is an unshielded, leak tight, Type B container designed 
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NMSS

to transport shielded devices (i.e., irradiators and teletherapy heads) as payload in addition to the 

International Atomic Energy Agency (IAEA)’s2 Long Term Storage Shield (LTSS). The first devices 

certified as a payload are included in the table below. CoC modifications will be made in the 

future to include additional devices (e.g. IBL 437). The current CoC is available on the RAMPAC 

Web site. 3 DOE/NNSA expects delivery of the container by June 2015 and anticipates use for 

source recovery efforts by the end of 2015.

This new design will be useful for transportation of disused and unwanted devices in urban areas 

that present transportation issues because of the size of the container. The size and weight of 

the container facilitate easier domestic and international transport, making this design valuable in 

performing international recoveries where the IAEA’s mobile hot cell and LTSS will be used.

DOE/NNSA is also working to design and certify a shielded Type B container, 380-B, that can 

transport 90 percent of high activity beta/gamma sources on the OSRP backlog. DOE/NNSA 

anticipates submittal of the safety analysis report to the NRC in the third quarter of 2015 and 

receipt of the CoC by mid-2016. These new containers will allow DOE/NNSA to recover a wide 

variety of sources and devices. 

If you are in possession of sources that you would like recovered, please review the information 

on the recovery process on the OSRP Web site at http://osrp.lanl.gov/ and register them at http://

osrp.lanl.gov/PickUpSources.aspx. Recovery timelines associated with registered sources are 

determined based on several prioritization factors, and registry does not guarantee recovery.

(Contact: Michele Burgess, NMSS, 301–415–5868, Michele.Burgess@nrc.gov)

1. International Atomic Energy Agency (IAEA) Safety Standards Series TS-R-1: “Regulations for the Safe Transport of Radioactive Material.”

2. Additional information about the IAEA’s and safe transport of radioactive materials can be found at: http://www-ns.iaea.org/tech-areas/

radiation-safety/transport.asp?s=3&l=23.

3. The CoC for the Model No. 435-B can be found at: http://rampac.energy.gov/docs/certificates/1019355.PDF.

 

Certified Payload

Gammator 50B, B, B34, G-50-B

Gammator M34

Gammator M38

Gammacell 1000 (GC-1000) 

 • Models A through D 

 • Elite A through D, Type I and Type II

Gammacell 3000 (GC-3000)

 • Elan A through C, Type I and Type II 

Gammacell-40 (GC-40 Exactor) 

IAEA LTSS
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SIGNIFICANT ENFORCEMENT ACTIONS

The NRC issued the following significant actions for failure to comply with a regulation.

City of St. Peters, St. Peters, MO (EA-14-106)

On August 19, 2014, the NRC issued a Notice of Violation to the City of St. Peters, MO, for a 

Severity Level III violation. The violation involved the city’s failure to ensure that licensed material 

is only used by, or under the supervision and in the physical presence of, individuals who have 

successfully completed the manufacturer’s training program for gauge users as required by NRC 

License Condition 12. 

From approximately May through August 2009, the licensee allowed two individuals to use 

licensed material without supervision at temporary job sites, and the individuals had not 

completed the manufacturer’s training for gauge users—which included topics such as radiation 

safety, radiation physics, and regulatory requirements—as well as a written test. The root cause 

of this apparent violation was that the radiation safety officer was not familiar with the specific 

training requirement on the license. The NRC found this behavior to be of significant concern 

because the untrained individuals could have used the gauges improperly, resulting in adverse 

impacts to the health and safety of themselves and members of the public. 

ConAgra Foods, Trenton, MO (EA-14-075)

On August 1, 2014, the NRC issued a Notice of Violation to ConAgra Foods (ConAgra) for a 

Severity Level III problem for three related violations. The first violation involved ConAgra’s failure 

to transfer or dispose of a device containing byproduct material only by export as provided by 

10 CFR 31.5(c)(7), “Certain Detecting, Measuring, Gauging, or Controlling Devices and Certain 

Devices for Producing Light or an Ionized Atmosphere,” by transfer to another general licensee 

as authorized in 10 CFR 31.5(c)(9), or to a person authorized to receive the device by a specific 

license as required by 10 CFR 31.5(c)(8)(i). Specifically, on December 18, 2013, the licensee 

reported that two gauges and four exit signs were missing from its facility. 

The second violation involved ConAgra’s failure to furnish a report to the NRC within 

30 days after the transfer of a device to a specific licensee or export. Specifically, between 

November 8, 2004, and December 8, 2004, the licensee transferred a generally licensed device 

to a specific licensee—the manufacturer, Industrial Dynamics, Inc.—on November 8, 2004, and 

did not provide a report to the NRC until December 18, 2013. 

The third violation involved ConAgra holding devices that were not in use for longer than 2 

years. The regulations, 10 CFR 31.5(c)(15), provide an exception to the 2-year limit if the general 

licensee performs quarterly physical inventories of these devices while they are in standby. 

However, as of April 21, 2014, the licensee held in its possession four generally licensed devices 

for greater than 2 years that were not in use and did not conduct quarterly inventories. The root 

cause of the violations was a lack of full understanding of the NRC’s requirements for generally 

licensed devices. The NRC found this behavior to be of significant concern because the violations 

increased the chance for the devices to be lost, stolen, or improperly handled, which could result in 

adverse impacts to the health and safety of the general public.

Saint Louis University, St. Louis, MO (EA-14-076)

On July 25, 2014, the NRC issued a Notice of Violation to Saint Louis University (SLU) for a 

Severity Level III violation. The violation involved SLU’s failure to secure licensed materials that are 

stored in controlled or unrestricted areas from unauthorized removal or access as required by 10 

CFR 20.1801, “Security of Stored Material.” Specifically, on April 7, 2014, the licensee failed to lock 

the laboratory door used to secure and limit access to licensed materials
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MEDICAL

Centro de Medicina Nuclear, Santurce, PR (EA–13–059)

On September 30, 2014, the NRC issued a Notice of Violation and proposed imposition 

of civil penalty in the amount of $3,500 to Metro Cardiovascular Diagnostics (MCD) for a 

Severity Level III violation and a Severity Level III problem. The violation involved an MCD 

nuclear medicine technologist (NMT) willfully failing to check the radiation survey meter 

for current calibration status before performing radiation surveys on June 28, 2012, and 

November 20, 2012, as required by the licensee’s waste disposal procedure. 

Willful violations are, by definition, of particular concern to the NRC, because the NRC’s 

regulatory program is based on licensees and their contractors, employees, and agents acting 

with integrity and communicating with candor. Therefore, the violation has been categorized, 

in accordance with the NRC Enforcement Policy, at Severity Level III. The NRC determined 

that the remaining violations were not willful. The violations were included as a Severity 

Level III problem and involved MCD’s failure to: (1) calibrate the survey meter, (2) verify 

the linearity of the dose calibrator, (3) verify the efficiency of the well counter, (4) perform 

sealed source leak tests, (5) perform sealed source physical inventories, (6) maintain records 

of hazardous material training, (7) perform an annual audit, and (8) implement the radiation 

safety program. The radiation safety activities were required by licensee procedures and 10 

CFR Parts 20, 35, and 71.

Diagnostic Imaging Centers, Overland Park, KS (EA-14-108)

On August 26, 2014, the NRC issued a Notice of Violation to Diagnostic Imaging Centers 

(DIC) for a Severity Level III violation. The violation involved DIC’s failure to ensure that 

written directives were dated and signed by an authorized user before the administration 

of 131I sodium iodide greater than 1.11 megabecquerels (30 microcuries) as required 

by 10 CFR 35.40(a), “Written Directives.” Specifically, on September 3, 2008, and 

December 8, 2010, the licensee failed to have a written directive dated and signed by 

an authorized user before the administration of 5 millicuries of 131I sodium iodide. The 

written directives were signed by individuals who were not authorized users for this specific 

medical use. 

INDIVIDUAL ACTIONS

Trey Brattin (IA-14-007)

On July 24, 2014, the NRC issued a Notice of Violation to Trey Brattin for a Severity Level III 

violation of 10 CFR 30.10(a)(1), “Deliberate Misconduct.” The violation involved Mr. Brattin’s 

deliberate misconduct that caused his employer, Techchorr USA, LLC, to be in violation of 

the 10 CFR 34.47(a), “Personnel Monitoring,” requirement for dosimetry to be worn by an 

individual while performing radiographic operations. Specifically, at various times between 

July 2010 and January 2011, Mr. Brattin deliberately failed to wear, on the trunk of his body, 

a direct reading dosimeter, an operating alarm ratemeter, and a personnel dosimeter while 

conducting radiographic operations in Wyoming.

James Chaisson (IA-14-025)

On July 11, 2014, the NRC issued a prohibition order to James Chaisson for failure to 

comply with a Confirmatory Order issued September 10, 2012 (Agencywide Documents 

Access and Management System (ADAMS) Accession No. ML12256B002). That order 

memorialized the agreements and conditions established with him during an NRC 

alternative dispute resolution (ADR) mediation session. 
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In 2012, the NRC concluded that Mr. Chaisson engaged in deliberate misconduct in violation of 

10 CFR 30.10(a)(1), “Deliberate Misconduct,” and issued him an order on May 15, 2012 

(ADAMS Accession No. ML12137A311) that prohibited him from working in NRC jurisdiction 

for 3 years. The order, in turn, became the basis of the ADR mediation and was superseded by 

the September 10, 2012, Confirmatory Order. 

As of March 10, 2014, Mr. Chaisson had failed to complete both the formal training and a written 

article required by the 2012 Confirmatory Order, and in addition to an 18–month prohibition 

from NRC–licensed activities and other requirements. The current order, dated July 11, 2014, 

supersedes the 2012 Confirmatory Order and prohibits Mr. Chaisson from engaging in NRC–

licensed activities for a minimum period of 3 years. The prohibition continues thereafter and 

until Mr. Chaisson provides reasonable assurance to the NRC that he can safely use radioactive 

materials in accordance with NRC requirements, including his completion of formal training 

and verbally attesting his corrective actions to prevent deliberate misconduct. Additionally, for 

a period of 2 years subsequent to the NRC written determination of reasonable assurance, 

Mr. Chaisson must notify the NRC of his involvement in NRC–licensed activities, refrain from 

working for any NRC licensee in specified supervisory roles, and provide a copy of his order to 

his employers (a State licensee performing work in NRC jurisdiction or an NRC licensee).

Information about the NRC’s enforcement program can be accessed at http://www.nrc.gov/

about-nrc/regulatory/enforcement/current.html. Documents related to cases can be accessed 

through ADAMS at http://www.nrc.gov/reading-rm/adams.html. Help in using ADAMS is available 

by contacting the NRC Public Document Room staff at 301–415–4737 or 1–800–397–4209 or 

by sending an e mail to PDR.Resource@nrc.gov.

(Contact: Michele Burgess, NMSS, 301–415–5868 or Michele.Burgess@nrc.gov).

GENERIC COMMUNICATION ISSUED

The following are summaries of NRC generic communications issued by FSME. If any of these 

documents appears relevant to your needs and you have not received it, please call one of the 

technical contacts listed below. The Web address for the NRC library of generic communications 

is http://www.nrc.gov/reading-rm/doc-collections/gen-comm.

REGULATORY ISSUE SUMMARIES

The NRC provides regulatory issue summaries (RIS) as informational documents used to 

communicate with the nuclear industry on a broad spectrum of matters. 

On September 18, 2014, the NRC issued RIS 2014–10, “Requirements for Exempt Distribution 

Licensee Annual Transfer Reports.” The agency issued this RIS to addressees to clarify the 

information that must be contained in annual transfer reports submitted by holders of exempt 

distribution materials licenses, as required under 10 CFR Part 32, “Specific Domestic Licenses 

To Manufacture or Transfer Certain Items Containing Byproduct Material,” Subpart A; “Exempt 

Concentrations and Items,” and 10 CFR Part 40, “Domestic Licensing of Source Material.”
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NMSS

SELECTED FEDERAL REGISTER NOTICES

October 28, 2014 

79 FR 64150, Physical Protection of Category 1 and Category 2 Quantities of Radioactive 

Material (Petition for Rulemaking; Notice of Docketing and Request for Comment)

Summary: The NRC has received a petition for rulemaking from Anthony R. Pietrangelo 

on behalf of the Nuclear Energy Institute dated June 12, 2014, requesting that the 

NRC amend its regulations to ‘‘remove unnecessary and burdensome requirements 

on licensees with established physical security programs.’’ On July 17, 2014, the NRC 

docketed and assigned the petition Docket No. PRM–37–1. The NRC is requesting 

public comments on this petition for rulemaking.

(Contact: Merri L. Horn, NMSS, 301–415–7000 or Merri.Horn@nrc.gov)

November 20, 2014

79 FR 69065, Radiation Protection (Advance Notice of Proposed Rulemaking; Extension of 

Comment Period)

Summary: On July 25, 2014, the NRC published for comment in the Federal Register an 

advance notice of proposed rulemaking (ANPR) to obtain input from stakeholders on 

the development of a draft regulatory basis. The draft regulatory basis would identify 

potential changes to the NRC’s current radiation protection regulations. The potential 

changes, if implemented, would achieve a closer alignment between the NRC’s radiation 

protection regulations and the recommendations of the International Commission on 

Radiological Protection (ICRP) contained in ICRP Publication 103 (2007). The public 

comment period was originally scheduled to close on November 24, 2014. The NRC 

has decided to extend the public comment period on the ANPR to provide additional 

time for members of the public and other stakeholders to develop and submit their 

comments.

(Contact: Cardelia Maupin, NMSS, 301–415–2312 or Cardelia.Maupin@nrc.gov)

December 1, 2014

79 FR 71134, Tribal Protocol Manual (Revision to Guidance; Request for Comment)

Summary: The NRC is issuing for public comment Revision 1 of the agency’s ‘‘Tribal 

Protocol Manual: Guidance for NRC Staff.’’ The Tribal Protocol Manual provides 

internal guidance to the NRC staff on protocols to facilitate staff engagement with Tribal 

governments. The comment period will end on June 1, 2015. 

(Contact: Patricia McGrady-Finneran, NMSS, 301–415–2326 or 

Patricia.McGrady-Finneran@nrc.gov)
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ONGOING RULEMAKINGS

RULEMAKING DESCRIPTION STATUS

PROPOSED RULES

10 CFR Part 61, 

“Low–Level Radioactive 

Waste (LLRW) Disposal”

The proposed rule would revise 

10 CFR Part 61 to require LLRW 

disposal licensees and license 

applicants to conduct updated and 

new site specific analyses and to 

permit the development of criteria 

for future LLRW acceptance based 

on the results of these analyses.

The rulemaking package 

(SECY–13–0075 dated 

July 18, 2013; ADAMS) 

Accession No. ML13129A268) 

was sent to the NRC 

Commission for review. 

The staff requirements 

memorandum (SRM) was 

issued on February 12, 2014 

(ADAMS Accession No. 

ML14043A371). A revised 

proposed rule is due to 

the Office of the Secretary 

(SECY) in February 2015.

10 CFR Part 35, “Medical 

Use of Byproduct 

Material—Medical Event 

Definitions, Training and 

Experience, and Clarifying 

Amendments”

The proposed rule would amend 

the reporting and notification 

requirements for a medical 

event, would amend training and 

experience requirements, and 

would make changes to address 

a request filed in a petition for 

rulemaking.

The NRC published the 

proposed rule and draft 

guidance in the Federal 

Register (at 79 FR 42224) 

for public comment on 

July 21, 2014. The comment 

period closed on 

November 18, 2014. The 

NRC received 44 comment 

letters. On October 8, 2014, 

the NRC held a public 

meeting to promote better 

understanding of the proposed 

amendments. The comments 

received are under NRC 

review. A final rule package 

is due to the Commission in 

December 2015

FINAL RULE

10 CFR Part 71, 

“Compatibility with 

Transportation Standards”

The rule would amend the 

transportation safety requirements 

in 10 CFR Part 71 to make 

changes to the NRC regulations for 

the packaging and transportation 

of radioactive material.

The NRC published the 

proposed rule in the Federal 

Register (at 78 FR 28988) 

for public comment on 

May 16, 2013. The final rule 

is currently under review by 

the Commission..
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DIRECT FINAL RULE

Appendix A, “Reportable 

Safety Events,” to 

10 CFR Part 70, “Domestic 

Licensing of Special 

Nuclear Material”

The direct rule and companion 

proposed rule would modify the 

event reporting requirements in 

Appendix A to Part 70.

The direct final rule and 

companion proposed rule 

were published in the Federal 

Register (at 79 FR 57721) 

on September 26, 2014. 

The confirmation of the 

effective date of the rule 

was published in the Federal 

Register (at 80 FR 143) on 

January 5, 2015. 

10 CFR Part 73, “Physical 

Protection of Plants and 

Materials”

The direct final rule and 

companion proposed rule would 

amend 10 CFR Part 73 to remove 

the “SGI–M” designation of the 

security-related information for 

large irradiators, manufacturer 

and distributor licensees, and any 

licensee that transports Category 1 

quantities of radioactive material 

or transports small quantities 

of irradiated reactor fuel with 

a net weight of 100 grams 

or less. The security related 

information for these facilities 

and the transportation will be 

protected under the requirements 

of the new 10 CFR Part 37, 

“Physical Protection of Category 

1 and Category 2 Quantities of 

Radioactive Material.”

The direct final rule and 

companion proposed rule 

were published in the Federal 

Register (at 79 FR 58701) 

on September 30, 2014. 

The public comment period 

ended on October 30, 2014, 

with the NRC receiving one 

comment. The confirmation 

of the effective date of 

the rule was published 

in the Federal Register 

(at 80 FR 3865) on 

January 26, 2015.

PETITIONS

PRM–32–8, CampCo 

Petition

CampCo submitted a petition 

for rulemaking asking the NRC 

to amend regulations to allow 

commercial distribution of tritium 

markers.

The receipt and request of 

the petition was published 

in Federal Register (at 78 FR 

41720) on July 11, 2013, for 

a 75-day public comment 

period. The petition is 

currently under NRC review.
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POLICY STATEMENT

Tribal Policy Statement The Tribal Policy Statement being 

developed will describe the 

Commission’s policy for consulting 

and coordination with Native 

American tribes.

The staff sent the 

Commission a Tribal 

Policy Statement in 

January 10, 2014 (SECY–14 

0006; ADAMS Accession No. 

ML13317B141). The policy 

statement was published in 

the Federal Register (at 

79 FR 71136) on 

December 1, 2014 for a 120-

day public comment period. 

PRE-RULEMAKING

10 CFR Part 20, “Standards 

for Protection Against 

Radiation”

The rulemaking would incorporate 

recommendations from the 

International Commission on 

Radiological Protection to revise 

10 CFR Part 20.

The NRC published an 

Advance Notice of Proposed 

Rulemaking in the Federal 

Register (at 79 FR 43284) 

on July 25, 2014. The public 

comment period was 

extended to March 24, 2015.

TO OUR READERS 

Thank you for your interest in our newsletter. In our attempt to keep the NMSS Licensee 

Newsletter—The NMSS News Link—relevant, we welcome feedback on its contents. 

If you would like to suggest topics for the newsletter, please contact Vanessa Cox, NMSS 

Rulemaking and Project Management Branch, by telephone at 301–415–8342 or by e mail at 

Vanessa.Cox@nrc.gov. In addition, to ensure proper delivery of the NMSS News Link and to 

prevent any interruption of service, please report e-mail address changes to Ms. Cox at 

NMSS_Newsletter@nrc.gov.

Please send written correspondence to the following address:

Vanessa Cox, Editor, NMSS Licensee Newsletter

Office of Nuclear Material Safety and Safeguards

U.S. Nuclear Regulatory Commission

Two White Flint North, Mail Stop: T-8-F42

Washington, DC 20555–0001
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NOTES
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NOTES
NUREG/BR-0117 No.15-01

February 2015