ANNUAL 

INVENTORY 

RECONCILIATION

Since the implementation 

of the National Source 

Tracking System (NSTS) 

in January 2009, the 

U.S. Nuclear Regulatory 

Commission (NRC) 

and Agreement State 

licensees have been 

reconciling their 

inventories each year of 

nationally tracked sources 

against their inventories 

in the NSTS. According 

to paragraph (g) of 10 

CFR 20.2207, “Reports 

of Transactions Involving Nationally Tracked Sources,” or equivalent Agreement State 

regulations, licensees are required to complete this annual reconciliation in January 

each year. The purpose of the annual reconciliation is to improve the NSTS data 

integrity and ensure up-to-date accounting of all nationally tracked sources. As of 

January 31, 2015, 91 percent of NRC and Agreement State licensees possessing 

nationally tracked sources had completed the reconciliation. This completion rate 

was consistent with past years. The NRC and Agreement States contacted their 

licensees that have not completed the reconciliation.

The NSTS is a critical component of the National Materials Management Program 

and enhances the ability of the NRC and Agreement States to conduct inspections 

and investigations, communicate information to other government agencies, and 

verify legitimate ownership and use of nationally tracked sources. For more 

information on the NSTS, please visit http://www.nrc.gov/security/byproduct/ismp/

nsts.html.

(Contact: Irene Wu, NMSS, 301–415–1951 or Irene.Wu@nrc.gov)

SPRING 2015

NUREG/BR-0117

NO. 15-02

ANNUAL INVENTORY 

RECONCILIATION

 PAGE 1

YUCCA MOUNTAIN 

SAFETY EVALUATION 

 PAGE 2

27TH REGULATORY 

INFORMATION 

CONFERENCE 

 PAGE 2

FROM THE DESK OF 

THE DIRECTOR

 PAGE 3

FUEL CYCLE FACILITY 

OVERSIGHT

 PAGE 4

PROTECTED WEB 

SERVER

 PAGE 5

SIGNIFICANT 

ENFORCEMENT ACTIONS

 PAGE 6

GENERIC 

COMMUNICATIONS 

ISSUED

 PAGE 9

SELECTED FEDERAL 

REGISTER NOTICES

 PAGE 9

ONGOING 

RULEMAKINGS

 PAGE 13

TO OUR READERS

 PAGE 15

Background Checks Access Controls / Physical Barriers

Law Enforcement Coordination Monitoring of Shipments Incident Response

Life Cycle Approach to Source Security

Disposal

Security Controls

Distribution

Transfers

Manufacture

of Sources National Source Tracking System

The Nuclear Fuel Cycle

Mining Heap In Situ Leach

Disposal

Milling

Enrichment

Conversion

Reactor

Enriched 

Uranium

Natural

Uranium 

Uranium Recovery 

Deconversion of 

Depleted Uranium Depleted

Uranium Uranium-Plutonium Mixture

Reprocessed 

Uranium

Fresh 

UO2

Fresh 

MOX

Spent 

MOX

Spent 

UO2

UO2

MOX

Fuel Fabrication

Storage

Pool Dry Cask

Reprocessing Facility*

OFFICE OF NUCLEAR MATERIAL 

SAFETY AND SAFEGUARDS

Life-Cycle Approach to Source Security

Background Checks Access Controls / Physical Barriers

Law

Enforcement Coordination Monitoring of Shipments

Incident Response

Life Cycle Approach to Source Security

Disposal

Security Controls

Distribution

Transfers

Manufacture

of Sources National Source Tracking System

Background C

Law

Enforcement Coordinatio

Life Cycle Appro

Disposal

Security Co

Manufacture

of Sources 

Background Checks Acc

Law

Enforcement Coordination Monito

Life Cycle Approach to Source 

Disposal

Security Controls

Distr

Manufacture

of Sources National Source Tra
SPRING 2015

2

NMSS

YUCCA MOUNTAIN SAFETY EVALUATION 

On January 29, 2015, NRC staff published volumes 2 and 5 of its 

safety evaluation report on the geologic high–level nuclear waste 

repository proposed for Yucca Mountain in Nevada. 

The publication of these volumes completed the NRC’s technical 

safety review of the U.S. Department of Energy’s (DOE’s) Yucca 

Mountain application. The safety evaluation report included the staff’s 

recommendation that the Commission should not authorize construction 

of the repository. The report stated that the DOE had not met certain 

land and water rights requirements identified in volume 4, published in December 2014, and a 

supplement to DOE’s environmental impact statement has not yet been completed. 

Volume 2 covers safety at the repository before permanent closure. It contains the staff’s 

conclusion that with reasonable assurance, subject to proposed conditions, DOE’s application 

meets the NRC’s regulatory requirements in that area. Volume 5 covers proposed conditions 

on the construction authorization, probable subjects of license specifications, and the staff’s 

overall conclusions. 

Completion of the safety evaluation report does not represent an agency decision on 

whether to authorize construction. Should funds be appropriated beyond those currently 

available, a final licensing decision could come only after completion of a supplement to DOE’s 

environmental impact statement, hearings on contentions in the adjudication, and Commission 

review. 

NUREG–1949, Safety Evaluation Report Related to Disposal of High-Level Radioactive Wastes 

in a Geologic Repository at Yucca Mountain, Nevada, is available on the NRC Web site.

(Contact: Christopher Markley, NMSS, 301–287–9054 or Christopher.Markley@nrc.gov)

27TH ANNUAL REGULATORY 

INFORMATION CONFERENCE 

On March 10, 2015, the NRC held the 27th Annual Regulatory Information 

Conference (RIC) at the Bethesda North Marriott Hotel and Conference 

Center in Rockville, MD.

The Office of Nuclear Reactor Regulation and the Office of Nuclear 

Regulatory Research co-sponsored the RIC. The program was designed 

to encourage informal, open dialogue about significant NRC ongoing or 

emerging activities related to the regulation of nuclear power plants and 

nuclear materials and nuclear safety research. Participants interacted with their counterparts to 

gain and share valuable insights and perspectives on safety and security issues facing both the 

domestic and international nuclear community.

The RIC is the largest annual meeting hosted by NRC and brings together nearly 3,000 

participants from over 30 countries. The conference began with an opening session featuring 

keynote remarks from the NRC Chairman Stephen C. Burns, followed by the NRC’s Executive 

Director for Operations, Mark A. Satorius. Other program highlights included plenary sessions 

with each of the NRC Commissioners.

Continued on page 4
SPRING 2015

3

FROM THE DESK OF 

THE DIRECTOR

As the Office of Nuclear Material Safety and Safeguards 

(NMSS) continues its transition following the merger with 

the Office of Federal and State Materials and Environmental 

Management Programs, we remain committed to seeking 

and maintaining strong partnerships with our stakeholders 

under a common goal of ensuring safety, security, and 

protection of the environment. 

During March, I had the opportunity to attend several 

conferences, forums and meetings. I gave a presentation at 

the American Association of Physicists in Medicine (AAPM) 

Spring Clinical Meeting in St. Louis, updating attendees 

on our regulatory activities. The session focused on many 

potential changes that could affect medical physicists and 

their role in the use of radioactive materials. I provided an 

overview of NRC changes and trends; discussed rulemaking 

activities related to 10 CFR Parts 20, 35 and 37; touched on 

operating experiences, including two medical events; and 

addressed the revision of our Medical Policy Statement.

I hope you had an opportunity to attend the NRC 

Regulatory Information Conference (RIC). The RIC 

continued the tradition of being one of the premiere 

conferences of its kind worldwide. One thing that I enjoyed 

and appreciated about the conference was engaging with 

the stakeholders on our day-to-day operations. I believe 

this type of communication adds significant value to our 

work and supports the NRCs strategic objective to ensure 

openness.

If you missed a plenary or technical session that you’d like 

to review, several of the sessions are available on the NRC 

Web site.

I also had the privilege of participating in the annual Waste 

Management Symposium in Phoenix, AZ. Topics featured 

during this year’s conference included Greater-than-Class-C 

waste management, continued storage of spent fuel, spent 

fuel management and the importance of the National 

Environmental Policy Act. In addition to supporting several 

NMSS managers and staff who presented technical papers 

and topics throughout the conference, this year’s conference 

gave me the chance to engage several key stakeholders 

on many topics that are in the forefront of our day-to-day 

operations.

Catherine Haney, Director
SPRING 2015

4

NMSS

* Reprocessing of spent nuclear fuel including mixed-oxide 

fuel (MOX) is not practiced in the United States.

Note: The NRC has no regulatory role in 

mining uranium. 

The technical program consisted of experts from the NRC, as well as speakers from industry, 

academia, international regulatory bodies, and other stakeholder groups. Speakers addressed a 

broad range of topics including significant regulatory issues and important research findings. In 

addition to the technical speaker program, the RIC featured poster and tabletop exhibits on 

a variety of technical subjects. The NRC subject matter expert for each of the posters was 

available for questions and discussions. 

Lastly, the NRC conducted tours of the agency’s Operations Center, sponsored by the Office 

of Nuclear Safety and Incident Response. Attendees experienced the inner workings of the 

newly constructed NRC Operations Center, which serves as the focal point for coordination of 

events involving NRC licensed facilities or materials. The Operations Center’s staff discussed the 

roles and responsibilities of various teams that make up the NRC response organization when 

it is staffed during an emergency. Also, the Operations Center’s staff offered information on the 

resources that the NRC uses when communicating information to external stakeholders and 

receiving information from the licensees during an emergency.

FUEL CYCLE FACILITY OVERSIGHT

The NRC Division of Fuel Cycle Safety, 

Safeguards and Environmental Review 

(FCSE) in the Office of Nuclear Material 

Safety and Safeguards (NMSS) is 

developing a revised fuel cycle oversight 

process (RFCOP) that will improve how 

inspection oversight actions are carried 

out at fuel cycle facilities. The goal of 

this activity is to ensure that inspection 

activities and actions taken on 

inspection findings are focused on their 

relative safety significance. The NRC 

has many years of experience managing 

reactor safety using this concept. In 

2012, the Commission directed NRC 

staff to develop and put into place 

an RFCOP for fuel cycle facilities that 

considers the uniqueness of fuel cycle 

facility designs and processes. The intent 

of the RFCOP is to carry out an objective, 

transparent, consistent method that is risk 

informed and performance based.

The RFCOP collects inspection activities into cornerstones (areas of inspection) into which 

inspections findings will be characterized. More than minor inspection findings will be assessed for 

safety significance using the fuel cycle significance determination process (SDP). The SDP review 

will characterize the safety significance of inspection findings. This information is then used to 

standardize the NRC’s future inspection actions by informing a determination to either maintain 

the current level of fuel facility inspection or to impose enhanced inspection activities. 

A key element of the RFCOP is that fuel cycle facilities have an adequate corrective action program 

(CAP). As part of the RFCOP project, the NRC issued Regulatory Guide 3.75, “Corrective Action 

continued from page 2

The Nuclear Fuel Cycle The Nuclear Fuel Cycle

Mining Heap In Situ Leach

Disposal

Milling

Enrichment

Conversion

Reactor

Enriched 

Uranium

Natural

Uranium 

Uranium Recovery 

Deconversion of 

Depleted Uranium Depleted

Uranium Uranium-Plutonium Mixture

Reprocessed 

Uranium

Fresh 

UO

2

Fresh 

MOX

Spent 

MOX

Spent 

UO

2

UO

2

MOX

Fuel Fabrication

Storage

Pool Dry Cask

Reprocessing

Facility*
SPRING 2015

5

Figure 1.

Programs for Fuel Cycle Facilities,” to guide licensees on the elements of an adequate CAP. As 

part of the RFCOP development activities, the NRC Enforcement Policy was modified to permit 

the disposition of Severity Level IV inspection findings as non-cited violations (NCV) for fuel cycle 

facilities that have an adequate CAP. 

Currently, the RFCOP development project is in Phase 2 of its three-phase project plan. Phase 

3 of the RFCOP project includes a pilot project to test the RFCOP methodologies at fuel cycle 

facilities. Full deployment of the RFCOP is scheduled for late 2019. 

(Contacts: Margie Kotzalas, NMSS, 301–287–3870 or Margie.Kotzalas@nrc.gov and Kurt Cozens, 

NMSS, 301–287–9061 or Kurt.Cozens@nrc.gov) 

PROTECTED WEB SERVER

The NRC maintains a database of licensee reported security incidents called the Protected 

Web Server (PWS). The PWS enables the NRC to fulfill its mission of communicating sensitive 

information to licensees and developing more formal, long-term relationships with Federal, State, 

and local organizations with shared responsibilities for protecting nuclear facilities and activities 

and responding to incidents. The PWS is also used as a vehicle to communicate threat–related 

information to NRC licensees and fulfills a valuable need in relation to the Nationwide Suspicious 

Activity Reporting Initiative, which began in 2008. The PWS is the NRC’s contribution to this 

important national initiative to centralize suspicious activity reporting in the interest of assessing 

national trends across industries and critical infrastructure.

Most of the reports contained in the PWS have been provided 

by nuclear power reactor licensees; however, licensees possessing 

category 1 and category 2 quantities of radioactive material (e.g., 

medical centers, universities, radiographers) have been recently 

reporting security incidents to the NRC, including suspicious activity, 

as required by 10 CFR Part 37, “Physical Protection of Category 1 

and Category 2 Quantities of Radioactive Material.” Each report 

that NRC receives provides details about a specific security 

incident that has occurred (e.g., suspicious person, suspicious activity, flyovers—see Annex C of 

NUREG 2155 for examples of suspicious activities) and the actions that the reporting organization 

is taking to address the incident. These reports are considered “law enforcement sensitive” and are 

handled accordingly. 

Authorized PWS users, such as the U.S. Department of Homeland Security and law enforcement 

officials, emergency management personnel, NRC licensees, and Agreement State officials and 

licensees, may access the suspicious activity reports on the PWS to maintain situational awareness 

of security incidents. Authorized licensee personnel may request access to the PWS by visiting 

https://pws.nrc.gov/ and clicking on the link to register for a new account (see Figure 1). The 

applicant will then be prompted to enter his or her name, e–mail address, and other applicable 

information (see Figure 2). After the request is submitted, it will be reviewed by the NRC. 

Applicants will be notified via e–mail, if their PWS account is approved. 

(Contact: Irene Wu, NMSS, 301–415–1951 or Irene.Wu@nrc.gov) 
SPRING 2015

6

NMSS

SIGNIFICANT ENFORCEMENT ACTIONS

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

Kim Engineering, Inc., Silver Spring, MD (EA–14–167)

On December 23, 2014, the NRC issued a Notice of Violation to Kim Engineering, Inc. 

(KEI), for a Severity Level III violation. The violation involved KEI’s failure to file NRC Form 

241, “Report of Proposed Activities in Non-Agreement States, Areas of Exclusive Federal 

Jurisdiction, or Offshore Waters,” at least three days before engaging in licensed activities 

within NRC jurisdiction, as required by 10 CFR 150.20, “Recognition of Agreement State 

Licenses.” Specifically, between November 9, 2010, and July 7, 2014, KEI, a licensee of the State 

of Maryland, used portable devices containing byproduct material within NRC jurisdiction in 

Washington D.C., and in areas of exclusive Federal jurisdiction in Maryland and Virginia on 

approximately 45 occasions without filing the required documentation with the NRC.

Dominion Engineering Associates, Inc., Fredericksburg, VA 

(EA–14–030)

On December 18, 2014, the NRC issued a Notice of Violation and Proposed Imposition of Civil 

Penalty in the amount of $3,500 to Dominion Engineering Associates, Inc. (DEA), for a Severity 

Level III violation. The violation involved DEA’s willful failure to file NRC Form 241, “Report of 

Proposed Activities in Non-Agreement States,” at least three days before engaging in licensed 

activities within NRC jurisdiction, as required by 10 CFR 150.20. Specifically, between 

November 19, 2010, and April 17, 2013, DEA, a licensee of the Commonwealth of Virginia, used 

portable devices containing byproduct material within NRC jurisdiction in Washington, DC and 

at the Marine Corps Base Quantico in the Commonwealth of Virginia, areas of exclusive Federal 

jurisdiction on approximately 42 occasions without filing the required documentation with the NRC.

ATC Group Services, Inc., Indianapolis, IN (EA–13–251)

On November 19, 2014, the NRC issued a Notice of Violation and Proposed Imposition of 

Civil Penalty in the amount of $3,500 to ATC Group Services, Inc. (ATC), for a Severity 

Level III violation. The violation involved ATC’s failure to control and maintain constant surveillance 

of licensed material that is in an unrestricted area and not in storage as required by 

10 CFR 20.1802, “Control of Material Not in Storage.” Specifically, on November 18, 2013, a 

licensee employee left a portable gauge secured in the back of an open-bed truck with the 

vehicle doors unlocked and keys in the ignition. Subsequently, the vehicle was stolen. Despite the 

licensee’s efforts to recover the gauge, which included placing a publicly available advertisement 

offering a monetary reward, the gauge has not been recovered as of November 19, 2014.

Kruger Technologies, Inc., Lenexa, Kansas (EA–14–113)

On October 28, 2014, the NRC issued a Confirmatory Order to Kruger Technologies, 

Inc., confirming commitments reached as part of an alternative dispute resolution (ADR) 

mediation session. The session was associated with Kruger’s failure to secure a portable 

gauge with a minimum of two independent physical controls when not under control or 

constant surveillance as required by paragraph (i) of 10 CFR 30.34, “Terms and Conditions of 

Licenses.” Specifically, on May 21, 2014, an NRC inspector observed an unsecured portable 

gauge in the bed of a pickup truck parked in front of the licensee’s building. There were no 

licensee personnel in the immediate vicinity to provide control or constant surveillance of the 

gauge. The licensee will take a number of actions, including but not limited to: (1) revising the 

companywide policy to describe implementation of NRC safety and security requirements for 

portable gauges, (2) ensuring all authorized gauge users are trained initially and annually on the 

revised companywide policy, (3) increasing management oversight by establishing a process 
SPRING 2015

7

to periodically conduct field inspections, and (4) providing the radiation safety officer training to 

become an additional authorized gauge user. In consideration of the commitments outlined in the 

Confirmatory Order, the NRC agreed to refrain from issuing a Notice of Violation or proposing a 

civil penalty for the apparent violation.

Wittnauer Worldwide, LP, Bridgeton, MO (EA–13–240)

On October 24, 2014, the NRC issued a Notice of Violation to Wittnauer Worldwide, LP 

for a Severity Level III violation. The violation involved the Wittnauer’s failure to complete 

decommissioning of the waste storage location within 24 months after the initiation of 

decommissioning as required by 10 CFR 30.36, “Expiration and Termination of Licenses and 

Decommissioning of Sites and Separate Buildings or Outdoor Areas.” Specifically, Wittnauer’s 

license, which authorized possession only of waste material at a storage location in San Juan, 

Puerto Rico, expired on February 28, 2010, but the licensee did not complete the decommission 

process of the site until August 13, 2014, a period greater than 24 months.

Idahoan Foods, LLC, Lewisville, Idaho (EA–14–89)

On October 16, 2014, the NRC issued a Notice of Violation to Idahoan Foods, LLC (Idahoan), 

for a Severity Level III problem for two related violations. The violations involved Idahoan’s 

inappropriate transfer for disposal of two devices containing byproduct material to an entity 

not authorized to receive the devices, and failure to appoint an individual responsible for 

ensuring compliance with the appropriate regulations and requirements related to byproduct 

material. Specifically, on January 24, 2014, a generally licensed device containing byproduct 

material belonging to Idahoan was found in a load of scrap metal at a recycling facility in the 

State of California. The device was transferred to the manufacturer and a second device remains 

unaccounted for and was believed to be sold as scrap metal during 2012. Additionally, at the 

time of the purchase of these devices, the licensee did not appoint an individual to ensure their 

compliance with the applicable regulations and requirements related to the byproduct material.

Geisser Engineering Corporation (EA–13–105)

On March 20, 2014 (ML14079A503), the NRC issued a Notice of Violation Proposed Civil Penalty 

to Geisser Engineering Corp. (GEC), for a Severity Level II in the amount of $11,200. The action 

was based on a violation involving GEC’s failure to file for reciprocity, on 22 occasions between 

October 21, 2009, and June 23, 2011, before using portable gauges containing licensed material 

within NRC jurisdiction in the State of Connecticut, and at the Newport Naval Station, RI. GEC 

responded to the Notice in a letter dated April 15, 2014, and requested the NRC lessen the 

proposed civil penalty, because the penalty amount would pose a financial hardship compounded 

by the unexpected payment of a fine to the Commonwealth of Massachusetts (Commonwealth) 

for GEC’s failure to file for reciprocity before using a nuclear density gauge in the Commonwealth’s 

jurisdiction. After considering the GEC’s response, as well as information regarding the civil penalty 

assessed against GEC by the Commonwealth, the NRC decided to reduce GEC’s civil penalty by 

25 percent. On July 31, 2014, the NRC issued an Order Imposing Civil Monetary Penalty to GEC 

in the amount of $8,400

MEDICAL

Truman Medical Center, Kansas City, Missouri (EA–14–115)

On October 8, 2014, the NRC issued a Notice of Violation to Truman Medical Center for a 

Severity Level III violation of paragraph (a) in 10 CFR 35.75, “Release of Individuals Containing 

Unsealed Byproduct Material or Implants Containing Byproduct Material.” The regulation 

states that a licensee may authorize the release from its control of any individual who has been 

administered unsealed byproduct material or implants containing byproduct material if the total 

effective dose equivalent to any other individual from exposure to the released individual is not 
SPRING 2015

8

NMSS

likely to exceed 5 milliSievert (mSv) (0.5 rem). The violation involved Truman’s failure to 

ensure that a member of the public would not receive an exposure likely to exceed 5 mSv 

(0.5 rem) from a released individual. Specifically, on June 27, 2011, and November 30, 2012, 

the licensee released individuals who had received iodine-131 sodium iodide administrations 

of 70 and 69.3 millicuries, respectively, that were in excess of the licensee’s maximum 

outpatient release level of 54 millicuries. The release of individuals who do not meet the 

release criteria in 10 CFR 35.75(a) could have resulted in adverse effects to the health and 

safety of the general public.

University Nuclear and Diagnostics, LLC, Davie, Florida 

(EA-13-026)

On May 13, 2014, the NRC issued a Notice of Violation to University Nuclear and 

Diagnostics, LLC (UND), for a Severity Level III violation of paragraph (a) in 10 CFR 30.10, 

“Deliberate Misconduct.” The violation involved UND’s deliberate failure to 1) calibrate 

a survey instrument yet provided falsified survey instrument calibration records dated as 

required by 10 CFR 35.61, “Calibration of Survey Instruments,” 2) instruct their employees 

to document radiation survey results when the survey instrument was not working or 

not on site as required by 10 CFR 30.9, “Completeness and Accuracy of Information,” 3) 

failed to perform required contamination surveys as required by License Condition 15.A of 

Amendment 1 of License 21-32316-01, and 4) and failed to perform an annual audit and 

falsified annual records as required by 10 CFR 30.9. This violation for engaging in deliberate 

misconduct caused Bradley D. Bastow, D.O., the contractor that UND used to implement 

their nuclear medicine program, to be in violation of NRC requirements. 

INDIVIDUAL ACTIONS

Joseph S. Shepherd (IA-14-028)

On September 15, 2014, the NRC issued a Notice of Violation to Joseph S. Shepherd, 

owner of Foss Therapy Services, for a Severity Level IV violation. The violation involved 

Shepherd’s failure to adhere to a condition set forth in NRC Order IA-13-038. Specifically, 

on March 14, 2014, Shepherd conducted licensed activities in NRC jurisdiction at Pontifical 

Catholic University, Puerto Rico, without notifying them that the NRC had issued Order 

IA-13-038 and Order IA-08-014 to him, which is a condition of these Orders.

George Geisser, III (IA-13-033)

On July 17, 2014, the NRC issued a Notice of Violation and an Order prohibiting George 

Geisser, III, president of Geisser Engineering Corporation (GEC), from involvement in 

NRC-licensed activities for a period of 3 years, for a Severity Level II violation. The violation 

involved Geisser’s failure to adhere to paragraph (a)(1) in 10 CFR 30.10 by deliberately 

conducting and directing employees of GEC to use portable gauges in NRC jurisdiction 

without filing for reciprocity with the NRC causing GEC to violate the requirements set 

forth in 10 CFR 150.20. In addition, for a period of 1 year after the 3-year prohibition has 

expired, the order requires Geisser to notify the NRC within 20 days after acceptance of his 

first employment offer involving NRC-licensed activities.

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 Agencywide Documents Access and Management System (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)
SPRING 2015

9

GENERIC COMMUNICATIONS ISSUED

The following summarize NRC generic communications issued by NMSS. If any of these 

documents appear relevant to your needs and you have not received a copy, 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 offers regulatory issue summaries (RIS) as an informational document used to 

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

On February 18, 2015, the NRC issued RIS–15–02, “Reporting of H-3, C-14, Tc-99, and I-129 

on the Uniform Waste Manifest.” The RIS was issued to inform addressees of the option to use 

indirect methods to determine the activity of tritium (H-3), carbon-14 (C-14), technetium-99 

(Tc-99), and iodine-129 (I-129) reported on the uniform waste manifest when the radionuclide 

is present at a concentration less than the lower limit of detection. The reason for noting this 

option is because accurately reporting the activities of these radionuclides is important for better 

decision making regarding the disposal of low-level radioactive waste. Overestimation of disposal 

site inventory could lead to premature loss of disposal system capacity, whereas underestimation 

of inventory could lead to public health and safety concerns.

SELECTED FEDERAL REGISTER NOTICES

January 5, 2015 

80 FR 143, Domestic Licensing of Special Nuclear Material Written Reports and Clarifying 

Amendments (Direct Final Rule; Confirmation of Effective Date)

Summary: The NRC confirmed the effective date of January 26, 2015, for the direct final rule 

that was published in the Federal Register on September 26, 2014. This direct final rule amended 

regulations related to reportable safety events involving special nuclear material. This rule 

increased the time licensees are allowed to submit a written follow-up report from within 30 

days to within 60 days after the initial report of an event, updated the reporting framework for 

certain situations, and removed redundant reporting requirements.

(Contact: Keith McDaniel, NMSS, 301–415–5252 or Keith.McDaniel@nrc.gov)

January 26, 2015

80 FR 3865, Safeguards Information–Modified Handling Categorization; Change for Materials 

Facilities (Direct Final Rule; Confirmation of Effective Date, NUREG Issuance, and Correction)

Summary: The NRC confirmed the effective date of January 28, 2015, for the direct final rule 

that was published in the Federal Register on September 30, 2014. This direct final rule amended 

the NRC’s regulations by removing the Safeguards Information–Modified Handling (SGI–M) 

designation for certain security related information. The NRC announced the availability of the 

implementation guidance for the direct final rule, and corrected the ‘‘Compatibility Table for 

Direct Final Rule’’ appearing in Section V, ‘‘Compatibility of Agreement State Regulations,’’ of the 

direct final rule.

(Contacts: Vanessa Cox, NMSS, 301–415–8342 or Vanessa.Cox@nrc.gov and Michelle Killian, 

NMSS, 301–415–6711 or Michelle.Killian@nrc.gov)
SPRING 2015

10

NMSS

February 5, 2015

80 FR 6553, Tribal Policy Statement (Proposed Policy Statement; Extension of Comment 

Period)

Summary: On December 1, 2014, the NRC requested public comment on the proposed 

‘‘NRC Tribal Policy Statement.’’ The public comment period was originally scheduled to 

close on March 31, 2015. The NRC decided to extend the public comment period to 

May 31, 2015, to allow more time for members of the public to develop and submit 

their comments.

(Contacts: Michelle Ryan, NMSS, 630–829–9724 or Michelle.Ryan@nrc.gov and 

Haimanot Yilma, NMSS, 301–415–8029 or Haimanot.Yilma@nrc.gov)

February 25, 2015 

80 FR 10165, Concentration Averaging and Encapsulation Branch Technical Position

(Branch Technical Position; Issuance)

Summary: The NRC issued Revision 1 of the Branch Technical Position on Concentration 

Averaging and Encapsulation. This guidance provided acceptable methods that can be 

used to perform concentration averaging of low–level radioactive waste (LLW) for the 

purpose of determining its waste class for disposal.

(Contact: Maurice Heath, NMSS, 301–415–3137 or Maurice.Heath@nrc.gov)

March 4, 2015 

80 FR 11693, Scope Expansion of the Post–Investigation Alternative Dispute Resolution 

Program (Policy Revision; Issuance)

Summary: The NRC issued a revision to its Enforcement Policy (Enforcement Policy or 

Policy) to incorporate Commission direction to add escalated non-willful (traditional) 

enforcement cases with the potential for civil penalties within the scope of the 

Commission’s Alternative Dispute Resolution Program and made other conforming edits. 

This revision to the Enforcement Policy was effective on March 4, 2015.

(Contacts: Daniel Lenehan, OE, 301–415–3501 or Daniel.Lenehan@nrc.gov and 

Shahram Ghasemian, OE, 301–415–3591 or Shahram.Ghasemian@nrc.gov)

March 12, 2015 

80 FR 13036, SHINE Medical Technologies, Inc.; Notice of Hearing, Opportunity 

To Intervene, Order Imposing Procedures (Construction Permit Application; Hearing, 

Opportunity to Petition for Leave to Intervene; Order Imposing Procedures for Access to 

Sensitive Unclassified Non-Safeguards Information (SUNSI)

Summary: The NRC received a construction permit application from SHINE Medical 

Technologies, Inc. (SHINE), for approval of a proposed medical radioisotope production 

facility for the production of molybdenum-99 (Mo-99) at a site located in Janesville, 

Wisconsin. The NRC is currently conducting a detailed technical review of the 

construction permit application. If the construction permit application is approved, 

the applicant would be authorized to construct its proposed medical radioisotope 

production facility in accordance with the provisions of the construction permit.

(Contact: Steven Lynch, NRR, 301–415–1524 or Steven.Lynch@nrc.gov)

March 13, 2015

80 FR 13451, Low-Level Radioactive Waste Regulatory Program (Draft Programmatic 

Assessment Results; Request for Comment)

Summary: The NRC requested comment on a draft list of prioritized low–level 

radioactive waste (LLW) tasks based upon the assessment updates to the strategic 
SPRING 2015

11

assessment (now called a programmatic assessment) performed in 2007. The objective of this 

updated assessment remained the same as the 2007 assessment; that is, to identify and prioritize 

tasks that the NRC staff could undertake to ensure a stable, reliable, and adaptable regulatory 

framework for effective LLW management, while also considering future needs and changes 

that may occur in the nation’s commercial LLW management system. In 2014, through public 

meetings, webinars, and Federal Register notices, the NRC staff solicited public comment on 

what changes, if any, should be made to the current LLW program’s regulatory framework, as 

well as specific actions that the staff might undertake to facilitate such changes. The NRC staff 

considered the comments received, performed an assessment of the comments, and developed a 

draft list of prioritized LLW tasks.

(Contacts: Stephen Dembek, NMSS, 301–415–2342 or Stephen.Dembek@nrc.gov and 

Melanie C. Wong, NMSS, 301–415–2432 or Melanie.Wong@nrc.gov) 

March 18, 2015 

80 FR 14033, Radiation Protection (Advance Notice of Proposed Rulemaking; Extension of 

Comment Period)

Summary: On July 25, 2014, the NRC published for comment an advance notice of proposed 

rulemaking (ANPR) to obtain input from members of the public 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 NRC extended the comment period for the ANPR to June 22, 2015, to provide 

additional time for members of the public to develop and submit their comments.

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

March 23, 2015 

80 FR 15476, Revision of Fee Schedules; Fee Recovery for Fiscal Year 2015 (Proposed Rule)

Summary: The NRC proposed to amend the licensing, inspection, and annual fees charged to its 

applicants and licensees. The proposed amendments were necessary to implement the Omnibus 

Budget Reconciliation Act of 1990 (OBRA–90), as amended, which required the NRC to recover 

through fees approximately 90 percent of its budget authority in Fiscal Year 2015, not including 

amounts appropriated for Waste Incidental to Reprocessing, the Nuclear Waste Fund (NWF), 

generic homeland security activities, and Inspector General services for the Defense Nuclear 

Facilities Safety Board. These fees represented the cost of the NRC’s services provided to 

applicants and licensees.

(Contact: Arlette Howard, OCFO, 301–415–1481 or Arlette.Howard@nrc.gov)

March 26, 2015 

80 FR 16082, Low–Level Radioactive Waste Disposal (Proposed Rule)

Summary: The NRC proposed to amend its regulations that govern low–level radioactive waste 

(LLRW) disposal facilities to require new and revised site-specific technical analyses, to permit the 

development of site-specific criteria for LLRW acceptance based on the results of these analyses, 

to facilitate implementation, and to better align the requirements with current health and safety 

standards. This proposed rule would affect LLRW disposal licensees or license applicants that are 

regulated by the NRC or the Agreement States.

(Contacts: Gary Comfort, NMSS, 301–415–8106 or Gary.Comfort@nrc.gov and 

Andrew Carrera, NMSS, 301–415–1078 or Andrew.Carrera@nrc.gov)
SPRING 2015

12

NMSS

March 26, 2015 

80 FR 15930, Guidance for Conducting Technical Analyses for Low–Level Radioactive Waste 

Disposal (Draft NUREG; Request for Comment)

Summary: The NRC issued for public comment a draft NUREG, NUREG–2175, ‘‘Guidance 

for Conducting Technical Analyses for 10 CFR part 61.’’ The NRC proposed to amend its 

regulations that govern low-level radioactive waste (LLRW) disposal facilities to require new 

and revised site-specific technical analyses, to permit the development of site-specific criteria 

for LLRW acceptance based on the results of these analyses, and to facilitate implementation 

and better align the requirements with current health and safety standards. The NRC 

prepared draft guidance to address the implementation of the proposed regulations. This 

notice announced the availability of the draft guidance for public comment.

(Contacts: Priya Yadav, NMSS, 301–415–6667 or Priya.Yadav@nrc.gov or Stephen Dembek, 

NMSS, 301–415–2342 or Stephen.Dembek@nrc.gov)

April 7, 2015 

80 FR 18654, Advisory Committee on the Medical Uses of Isotopes; Call for Nominations (Call 

for Nominations)

Summary: The NRC advertised for nominations for the position of Nuclear Pharmacist on 

the Advisory Committee on the Medical Uses of Isotopes (ACMUI). Nominees should be a 

currently practicing nuclear pharmacist.

(Contact: Ms. Sophie Holiday, NMSS, 404–997–4691 or Sophie.Holiday@nrc.gov)

April 7, 2015 

80 FR 18655, Advisory Committee on the Medical Uses of Isotopes: Meeting Notice (Notice of 

Meeting)

Summary: The NRC will convene a teleconference meeting of the Advisory Committee on 

the Medical Uses of Isotopes (ACMUI) on June 16, 2015, to discuss the ACMUI Radioactive 

Seed Localization subcommittee report and to hear a presentation from Spectrum 

Pharmaceuticals regarding the training and experience requirements for alpha and beta 

emitters. Meeting information, including a copy of the agenda and handouts, will be available 

at http://www.nrc.gov/reading-rm/doccollections/acmui/meetings/2015.html. The agenda 

and handouts may also be obtained by contacting Ms. Sophie Holiday using the information 

below.

(Contact: Ms. Sophie Holiday, NMSS, 404–997–4691 or Sophie.Holiday@nrc.gov)

April 21, 2015 

80 FR 22227, Northwest Medical Isotopes, LLC (Construction Permit Application; Receipt)

Summary: The NRC staff received and made available the first part of the application for 

a construction permit, submitted by Northwest Medical Isotopes, LLC (NWMI). NWMI 

proposed to build a medical radioisotope production facility located in Columbia, MO.

(Contact: Michael Balazik, NRR, 301–415–2856 or Michael.Balazik@nrc.gov)

April 22, 2015 

80 FR 22434, Enhanced Security of Special Nuclear Material (Regulatory Basis)

Summary: The NRC made available a regulatory basis document to support a rulemaking 

potentially amending its regulations concerning the security of special nuclear material. The 

NRC did not seek public comments on this document.

(Contact: Timothy Harris, NSIR, 301–287–3594 or Tim.Harris@nrc.gov)
SPRING 2015

13

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 NRC published the 

proposed rule and notice 

of availability of the draft 

guidance in the Federal 

Register (80 FR 16082 and 

80 FR 15930) on 

March 26, 2015. The 

comment period for both 

documents closes on 

July 24, 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 (79 FR 42224) 

for public comments. The 

comment period closed on 

November 18, 2014. The NRC 

received 44 comment letters. 

On October 8, 2014, the NRC 

met publicly 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.

10 CFR Part 73, “Enhanced 

Security of Special Nuclear 

Material”

The proposed rule would update 

security regulations, including 

portions of 10 CFR Part 73, 

relating to physical protection of 

special nuclear material at NRC 

licensed facilities and in transit

On February 3, 2015, the 

Office of Nuclear Security 

and Incident Response (NSIR) 

submitted a user need request 

(ML14317A037) to NMSS to 

initiate a rulemaking to update 

the security regulations within 

10 CFR Part 73. NSIR 

and NMSS completed 

the regulatory basis 

(ML14321A007) on 

February 25, 2015. On 

April 22, 2015, the NRC 

published the regulatory 

basis in the Federal Register

(80 FR 22434).
SPRING 2015

14

NMSS

FINAL RULE

10 CFR Part 71, 

“Compatibility with 

Transportation Standards”

The rule would amend the 

regulations for the packaging and 

transportation of radioactive 

material in 10 CFR Part 71. 

The Commission affirmed 

the final rule presented in 

SECY–14–0100 on 

April 14, 2015. The staff 

is presently preparing 

the publication package 

and awaiting Office of 

Management and Budget 

clearance.

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 (78 FR 

41720) on July 11, 2013, for 

a 75-day public comment 

period. The petition is 

currently under NRC review.

POLICY STATEMENT

Tribal Policy Statement The Tribal Policy Statement 

development will describe the 

Commission’s policy for consulting 

and coordination with Native 

American tribes.

The staff sent the 

Commission a Tribal 

Policy Statement on 

January 10, 2014 (SECY–14–

0006; ADAMS Accession No. 

ML13317B141). The policy 

statement was published in 

the Federal Register

(79 FR 71136) on 

December 1, 2014 for a 

120-day public comment 

period. The public comment 

period was originally 

scheduled to close on 

March 31, 2015. The 

NRC extended the public 

comment period to 

May 31, 2015, to allow more 

time for members of the 

public to develop and submit 

their comments.

PRE-RULEMAKING

10 CFR Part 20, “ICRP 

Recommendations” 

The rulemaking could incorporate 

recommendations from the 

International Commission on 

Radiological Protection into 10 

CFR Part 20.

The NRC published an 

advance notice of proposed 

rulemaking in the Federal 

Register (79 FR 43284) on 

July 25, 2014. The public 

comment period was 

extended to June 22, 2015.
SPRING 2015

15

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, of 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 Licensee 

Newsletter–The NMSS News Link and to prevent any interruption of service, please report 

any 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
NUREG/BR-0117 No.15-02

May 2015