DEMONSTRATION PROJECT 

WORKSHOP

The International Atomic 

Energy Agency (IAEA), and 

U.S. Nuclear Regulatory 

Commission (NRC) offices 

of Nuclear Materials Safety 

and Safeguards (NMSS) and 

International Programs (OIP) 

sponsored the last Research 

Reactor Decommissioning 

Demonstration Project 

(R2D2P) Workshop on 

“Release of Buildings and Sites/Final Surveys.” Loren Sharp, Director and 

Plant Manager, Pacific Gas and Electric (PG&E) at the Humboldt Bay Reactor 

Decommissioning Site hosted the meeting during the week of September 27–

October 2, 2015. The R2D2P Workshop started in 2006 to educate developing 

country regulatory agency professionals and shutdown facility owners on the 

safe decommissioning of research reactors. The workshop, at the College of the 

Redwoods in Eureka, CA, included a tour of the Humboldt Bay Nuclear Power 

Plant Decommissioning Site. Vladan Ljubenov and Mika Shimba-Yamada of IAEA, 

and Bruce Watson, Certified Health Physicist (CHP), Chief, and John Hickman, 

Project Manager, both of the NRC’s Reactor Decommissioning Branch, organized 

the meeting with support from Brian Yip from OIP. 

IAEA Technical Secretaries, Ljubenov and Shimba-Yamada, both of the 

Decommissioning and Remediation Unit, Division of Radiation, Transport and 

Waste Safety, provided the international perspective on releasing of sites and 

final surveys. NRC staff offered presentations on the NRC’s Decommissioning 

Program and survey requirements for release of facilities. The NRC was also 

represented by Dr. Gerald Schlapper, CHP, Region IV, Division of Nuclear Materials 

Safety, who did a presentation on the NRC’s Decommissioning Inspection 

Program. Timothy Vitkus, CHP from Oak Ridge Associated Universities, offered an 

overview of the Multi-Agency Radiological Site Survey and Investigation Manual 

(MARSSIM), and supervised survey activities in the field. 

Eighteen nuclear regulators and operators from 11 countries from 4 continents 

participated in the R2D2P Workshop Technical Program. The countries were 

Argentina, Brazil, China, Indonesia, Iraq, Libya, Malaysia, Philippines, Romania, Serbia, 

and Vietnam.

Twelve technical presentations were provided at the workshop on regulatory 

requirements for release of buildings and sites. The host, PG&E, offered a 

WINTER 2016

NUREG/BR–0117

NO. 16-01

DEMONSTRATION 

PROJECT WORKSHOP

PAGE 1

NUCLEAR MATERIAL 

REPORTING

PAGE 2

WELCOME, FAREWELL 

AND RETIREMENTS

PAGE 3

NUREG 1556, 

VOLUME 3, REVISION 2

PAGE 4

SIGNIFICANT 

ENFORCEMENT 

ACTIONS 

PAGE 5

SELECTED FEDERAL 

REGISTER NOTICES

PAGE 6

ONGOING 

RULEMAKINGS

PAGE 7

TO OUR READERS

PAGE 11

OFFICE OF NUCLEAR MATERIAL 

SAFETY AND SAFEGUARDS
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2

historical decommissioning perspective on the Humboldt Bay site, which 

covered the uniqueness and special radiological survey issues associated 

with the decommissioning, as well as the radiological survey plan in the 

License Termination Plan. IAEA Decommissioning staff made presentations 

on IAEA Safety Standards associated with decommissioning surveys and 

release criteria. NRC staff presented the U.S. research reactor regulatory 

requirements, decommissioning inspection program, and the MARSSIM 

process, for releasing sites from regulatory control, unrestricted release and 

termination of the licenses.

Participants observed health physicists performing surveys at the Humboldt 

Bay site. As part of the workshop, participants were assigned to perform 

final surveys in the field that included alpha, beta and gamma surveys, 

and soil sampling of an affected land area for release and an onsite building to be released. 

Participants gained hands-on experience with using typical survey instruments employed in 

decommissioning. They collected soil samples and reviewed sample chain of custody record 

keeping procedures for quality control. Participants conducted Workshop Survey Table-Top 

Exercises with survey results that required calculations to make informed decisions on the 

release of land areas and buildings.

This was a successful 4.5 day meeting with decommissioning technical exchanges, observation, 

and performance of field survey activities. Based on feedback, the workshop conducted at 

the Humboldt Bay was one of the most successful because of PG&E’s support in planning 

the workshop, active participation, and access to the reactor facility to allow participants to 

observe and perform radiological surveys. The R2D2P meeting was concluded with feedback 

from participants and PG&E reporting on the program, content, and the learning experiences 

afforded from the workshop. 

(Contact: Bruce Watson, NMSS, 301–415–6221 or Bruce.Watson@nrc.gov)

NUCLEAR MATERIAL REPORTING 

In September 2015, staff from the NRC and the Department of Energy (DOE) met with the 

International Atomic Energy Agency (IAEA) in Vienna, Austria, to discuss the nuclear materials 

reporting performed by the United States to satisfy the requirements in the U.S. IAEA 

Safeguards Agreement.

The NRC and DOE jointly manage the Nuclear Materials Management and Safeguards 

System (NMMSS), which serves as the U.S. Government database for tracking movements 

and inventories of source materials and special nuclear materials within the United States. The 

NMMSS database generates monthly reports on inventory changes at the four NRC licensed 

facilities that have been selected by IAEA, as well as imports and exports of special nuclear 

materials and source materials. These reports are provided to IAEA monthly to meet the 

Nation’s reporting requirements contained in the U.S. IAEA Safeguards Agreement. 

IAEA receives similar monthly reports from other countries. IAEA compares the import and 

export information contained in the United States’ reports to import and export information 

reports by other countries. The IAEA objective is to “match” all import and export activities 

reported worldwide. Because of variations in how countries report imports and exports, IAEA 

identifies some shipments as not-matched and seeks the involved countries’ assistance.
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The purpose of the September meeting was to continue face to face discussions to resolve 

IAEA import and export matching involving the United States as well as resolve recent 

comments made by IAEA regarding monthly inventory reporting by the four IAEA selected 

facilities. During the meeting, staff from the NRC and DOE highlighted actions taken this past 

year to improve U.S. reporting: direct electronic reporting by the United States to IAEA, with 

an emphasis on resolving legacy matching issues that IAEA recently identified. Because of 

U.S. efforts, we believe that essentially all of the IAEA legacy issues identified to us have been 

resolved. DOE staff also expressed desire for IAEA support for a workshop between the 

United States and some of its trading partners to address issues related to international transit 

matching. IAEA indicated that it would encourage a workshop on this topic. 

IAEA expressed satisfaction with the efforts taken by the U.S. entities. The science attaché to 

the U.S. Mission in Vienna also shared that he had received numerous IAEA words of praise for 

the worked performed by the United States during the past year.

(Contact: Mirabelle Shoemaker, NMSS, 301–415–7363 or Mirabelle.Shoemaker@nrc.gov)

WELCOME, FAREWELL AND 

RETIREMENTS 

WELCOME 

The NMSS staff would like to welcome Daniel Collins as Director, Division 

of Material Safety, State, Tribal, and Rulemaking Programs, Office of 

Nuclear Material Safety and Safeguards. 

Since joining the NRC in 1998, Mr. Collins has held positions of increasing 

responsibility including senior project manager in the Division of Licensing 

Project Management, NRR; Chief, Licensing Project Branch 3-2, NRR; Chief, 

Research Reactor Licensing Branch, NRR; and Deputy Director, Division 

of Nuclear Materials Safety, Region I. In 2014, he was appointed as the 

Director, Division of Nuclear Materials Safety, Region I.

Before joining the NRC, Mr. Collins worked as an engineer and supervisor at the Calvert Cliffs 

Nuclear Power Plant, and as a nuclear-trained Navy officer. He earned a bachelor’s degree 

in mechanical engineering from the University of Maryland and a master’s degree in business 

administration from Johns Hopkins University. 

The NMSS staff is looking forward to working with Mr. Collins.

FAREWELL

The NMSS staff would like to congratulate Catherine Haney, the former NMSS 

Director, for her recent appointment as the new Regional Administrator for 

Region II, which is effective in January 2016. 

Ms. Haney initially joined the NRC in 1981 as a health physicist intern 

in the former Office of Inspection and Enforcement. After a break in 

Federal service, she rejoined the NRC in 1989 and served in a number 

of positions in NMSS, including quality assurance specialist; senior health 

physicist; and section chief in the Medical, Academic and Commercial 

Safety Branch; and in the Rulemaking and Guidance Branch. Ms. Haney has served in a number 

of senior management positions, including Chief, Safety and Safeguards Support Branch, NMSS; 
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4

Deputy Director, Division of Nuclear Security, Office of Nuclear Security and Incident Response; 

Program Director, Policy and Rulemaking, Office of Nuclear Reactor Regulation (NRR); Deputy 

Director, Division of Licensing Project Management, NRR; and Director, Division of Operating 

Reactor Licensing, NRR. She also completed an assignment as former Chairman Diaz’s Executive 

Assistant for Materials and Security. Ms. Haney received a bachelor’s degree in Radiological 

Technology from the University of Maryland and a master’s degree in Radiological Science from 

Emory University. 

RETIREMENTS

On December 3, 2015, Josephine (Josie) Piccone, Director, Division of Material Safety, State, 

Tribal, and Rulemaking Programs (MSTR), NMSS, retired with more than 41 years of Federal 

service.

On September 20, 2015, Larry W. Camper, Director, Division of Decommissioning, Uranium 

Recovery and Waste Programs, NMSS, retired with more than 35 years of combined Federal 

service including length of service within the NRC and serving in the U.S. Air Force. 

NUREG-1556, VOLUME 3, REVISION 2

In September 2015, the final report for Revision 2 of NUREG-1556, Volume 3, “Consolidated 

Guidance About Materials Licenses: Applications for Sealed Source and Device Evaluation 

and Registration” was published as a NUREG volume and placed on the NRC Website. This 

revision provides updates to reflect a number of regulatory and procedural changes since the 

Revision 1 was published and corrected errors and inconsistencies noted in the last revision. This 

report provides updates to guidance for applicants submitting requests to the NRC for radiation 

safety evaluation and registration of sealed sources and devices containing byproduct material 

and provides the NRC with criteria for evaluating such applications. The report also provides 

reviewers of requests from applicants with the guidance, information, and materials necessary 

to make a determination that the product being evaluated is acceptable for licensing purposes. 

Additionally, the report provides information on applicable regulations and industry standards, 

general policies and procedures affecting evaluation and registration, how and where to file a 

request, the application review process, and how to draft and modify a registration certificate. 

The Materials Safety Licensing Branch of NMSS plans to issue several additional NUREG-1556 

final reports in 2016. 

(Contact: Anthony McMurtray, NMSS, 301-415-2746 or Anthony.McMurtray@nrc.gov)
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SIGNIFICANT ENFORCEMENT ACTIONS

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

MISTRAS Group, Inc. (EA-14-225)

On June 30, 2015, the NRC issued a Notice of Violation and Proposed Imposition of Civil Penalty 

in the amount of $7,000 to MISTRAS Group, Inc., for a Severity Level III problem for two related 

violations. The violations involved MISTRAS’ failure to obtain an export license as required by 

Title 10 of the Code of Federal Regulations (10 CFR) 110.5, “License Requirements,” and a 

failure to submit an advance notification of shipment to the NRC and the Canadian Government 

as required by paragraph (c) of 10 CFR 110.50, “Terms.” Specifically on or about July 24, 2014, 

MISTRAS exported two iridium-192 sealed sources to Canada, without obtaining a required 

specific export license, and did not provide the required export notifications to the NRC and 

the Canadian government in advance exporting the sources to Canada.

Howard University (EA-15-078)

On August 25, 2015, the NRC issued a Notice of Violation to Howard University (HU) for a 

Severity Level III violation. The violation involved HU’s failure to notify the NRC within 24 hours 

after the discovery of an unplanned contamination event in accordance with paragraph (b) of 

10 CFR 30.50, “Reporting Requirements.” Specifically, in February and March 2008, HU 

discovered that a storage room had been contaminated with material from a vial containing 

cesium-137 and prohibited entry into the room for several months until decontamination was 

complete. However, from February/March 2008 until May 7, 2015, HU did not notify the NRC 

within 24 hours as required, after the discovery of the contamination event.

MEDICAL

Howard University Hospital (EA-15-053)

On August 25, 2015, the NRC issued a Notice of Violation to Howard University Hospital 

(HUH) for a Severity Level III problem for two related violations. The violations involved 

HUH’s failure to: (1) 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,” and (2) 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 August 31, 2013, a package containing iridium-192 source was delivered 

to the hallway outside the HUH Central Supply Department room, a controlled or unrestricted 

area, and the licensee did not control or maintain constant surveillance of the source for 

approximately 4.5 hours. In addition, between August 31, 2013, and September 3, 2013, the 

package was stored in a locked room and unauthorized HUH staff had access to the room.

McLaren Medical Center Bay Region (EA-15-111)

On August 27, 2015, the NRC issued a Notice of Violation to McLaren Medical Center Bay Region 

(MMCBR) for a Severity Level III violation. The violation involved MMCBR’s failure to develop, 

implement, and maintain written procedures to provide high confidence that each administration is in 

accordance with the written directive as required by paragraph (a) of 10 CFR 35.41, “Procedures for 

Administrations Requiring a Written Directive.” Specifically, as of February 6, 2015, MMCBR failed to 

include specific steps in its procedure for verifying the catheter position to ensure the administration 

was in accordance with the written directive. As a result, a medical event occurred as the patient 

received an unintended dose of approximately 2.6 gray (260 rad) to the skin of the right thigh.
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Monongalia General Hospital (EA-15-062)

On July 14, 2015, the NRC issued a Notice of Violation to Monongalia General Hospital 

(MGH) for a Severity Level III violation. The violation involved MGH’s failure to have two 

written directives dated and signed by an authorized user before the administration of I-131 

sodium iodide as required by paragraph (a) of 10 CFR 35.40, “Written Directives.” Specifically, 

on February 8, 2013, and on February 26, 2013, MGH administered I-131 sodium iodide and 

the two individuals that signed and dated the written directives were not listed as authorized 

users on its NRC license. 

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)

SELECTED FEDERAL REGISTER NOTICES

September 4, 2015 

Federal Register (FR) notice 80 FR 53478, “Cyber Security at Fuel Cycle Facilities” 

(Draft Regulatory Basis; Request for Comment) 

Summary: The NRC is requesting comments on a draft regulatory basis to support a 

rulemaking that would amend its regulations by adopting new cyber security requirements for 

certain nuclear fuel cycle facility (FCF) licensees to address safety and security consequences 

of concern. Potentially affected licensees include certain FCFs authorized to possess 

Category I, II, or III quantities of special nuclear material and uranium hexafluoride conversion 

and deconversion facilities.

(Contact: Matthew Bartlett, NMSS, 301–415–7154 or Matthew.Bartlett@nrc.gov)

October 7, 2015 

FR notice 80 FR 60513, “Revisions to the Petition for Rulemaking Process” (Final Rule)

Summary: The NRC is amending its regulations to clarify and streamline its process for 

addressing petitions for rulemaking (PRMs). These amendments are intended to improve 

transparency and to make the PRM process more efficient and effective. This final rule effective 

date was November 6, 2015.

(Contacts: Cindy Bladey, Office of Administration (ADM), 301–415–3280 or Cindy.Bladey@nrc.

gov; or Anthony de Jesus, ADM, 301–415–1106 or Anthony.deJesus@nrc.gov; or Jennifer Borges, 

Regulations Specialist, ADM, 301–415–3647 or Jennifer.Borges@nrc.gov)
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October 20, 2015 

80 FR 63409, “Hearings on Challenges to the Immediate Effectiveness of Orders” (Final Rule)

Summary: The NRC is amending its regulations regarding challenges to the immediate 

effectiveness of NRC enforcement orders to clarify the burden of proof and to clarify the 

authority of the presiding officer to order live testimony in resolving these challenges. This final 

rule effective date was November 19, 2015.

(Contact: Esther Houseman, OGC, 301–415–2267 or Esther.Houseman@nrc.gov; or

Eric Michel, OGC, 301–415–1177 or Eric.Michel2@nrc.gov)

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 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 was extended until and 

closed on September 21, 2015. The 

comments received are under NRC 

review. The final rule package is due 

to the Commission in May 2016. 

10 CFR Parts 30/32, 

Items Containing 

Byproduct 

Material Incidental 

to Production 

(formerly Polymer 

(Polycarbonate or 

Polyester) Track 

Etched (PCTE) 

Membranes)

The proposed rulemaking would 

amend requirements for tracketched membranes that have 

been irradiated with mixed 

fission products as part of the 

membrane production process. 

The proposed rulemaking 

would also accommodate the 

licensing and distribution of 

other irradiated products (e.g. 

gemstones) without the need 

for a specific exemption for each 

distributor.

The NRC is drafting the regulatory 

basis for the rulemaking and expects 

to release it for public comment in 

March 2016. 
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8

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 (ADAMS Accession 

No. ML14317A037) to NMSS to 

initiate a rulemaking to update the 

security regulations within 

10 CFR Part 73. NMSS accepted 

the regulatory basis (ADAMS 

Accession No. ML14321A007) on 

February 25, 2015. On April 22, 2015, 

the NRC published the final regulatory 

basis in the Federal Register 

(80 FR 22434). A working group 

was formed and has begun work on 

the proposed rule.

10 CFR Part 73, 

Cyber Security at Fuel 

Cycle Facilities

The proposed rulemaking would 

revise 10 CFR Part 73 to add 

new cyber security requirements 

for fuel cycle facilities.

On September 4, 2015, the NRC 

published the draft regulatory basis 

and asked for comments in the 

Federal Register (80 FR 53478). 

The working group is reviewing 

the comments. 

FINAL RULE

10 CFR Part 35, 

“Medical Use of 

Byproduct Material”–

Medical Event 

Definitions, Training 

and Experience 

and Clarifying 

Amendments 

The rule would amend the 

reporting and notification 

requirements for medical events 

for permanent brachytherapy, 

amend training and experience 

requirements, make changes as 

requested in PRM 35 20, petition 

for rulemaking, and clarifying 

amendments.

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 48 comment 

letters, resulting in several hundred 

comments. The comments are 

posted at http://www.regulations.gov 

under Docket ID NRC 2008 0175. 

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. 

The final rule package is due to the 

Commission in March 2016.

10 CFR Part 74, 

“Material Control and 

Accounting of Special 

Nuclear Material”

This rule would revise and 

consolidate the current Material 

Control and Accounting 

(MC&A) requirements into 

10 CFR Part 74, and would 

clarify and strengthen the MC&A 

requirements, in part, by removing 

existing exemptions in the item 

control provisions.

Staff is resolving the public 

comments and preparing the final 

package for the rulemaking. The 

final rule package is due to the 

Commission in November 2016. 
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PETITIONS

PRM-72-6, “Petition 

for Rulemaking 

(PRM-72-6), 

C-10 Research and 

Education Foundation, 

Inc.”

The petitioner submitted 12 

requests for the NRC to amend 

its regulations concerning dry cask 

safety, security, transferability, and 

longevity. In a Federal Register 

notice dated October 16, 2012, 

the NRC denied nine of the 

petitioner’s 12 requests (Requests 

1, 2, 3, 5-8, 10 & 12), accepted 

for consideration Request 11 as 

part of the ongoing independent 

spent fuel storage installation 

(ISFSI) security rulemaking effort 

(RIN 3150 AI78; Docket ID NRC 

2009-558), and reserved two 

requests for future rulemaking 

determination (Requests 4 and 9).

Staff is working on resolving the final 

two requests in the petition. Staff is 

currently resolving comments from 

OGC. Once staff has a “no legal 

objection” from OGC, the package 

will be forwarded to NMSS office 

management for review. 

PRM-28, PRM-29 

and PRM-30, “Linear 

No-Threshold Model 

and Standards for 

Projection Against 

Radiation”

The NRC received three petitions 

for rulemaking (PRM) requesting 

that the NRC amend its 

“Standards for Protection Against 

Radiation” regulations and change 

the basis of those regulations 

from the Linear No-Threshold 

(LNT) model of radiation 

protection to the radiation 

hormesis model. 

On June 23, 2015, the NRC 

published in the Federal Register, 

80 FR 35870, the receipt of the 

Petition For Rulemaking; Notice of 

Docketing and requested public 

comment on three PRMs, 

PRM-20-28, PRM-20-29, and 

PRM-20-30. The public comment 

period was September 8, 2015. 

But on August 21, 2015, the NRC 

published in the Federal Register, 

80 FR 50804, the receipt of the 

Petition for rulemaking; notice 

of docketing and extension of 

comment period. The NRC 

extended the public comment 

period until November 19, 2015, to 

allow more time for members of 

the public to develop and submit 

their comments. Staff is examining 

the issues raised in the PRMs to 

determine whether they should be 

considered in rulemaking.
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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 proposed Tribal Policy 

Statement was published in the 

Federal Register (79 FR 71136) 

on December 1, 2014, and the 

public comment period closed on 

May 31, 2015. Staff is reviewing 

comments.

PRE-RULEMAKING

10 CFR Part 

20, “Standards 

for Protection 

against Radiation,” 

International 

Commission 

on Radiological 

Protection (ICRP) 

Recommendations 

The rulemaking would 

incorporate recommendations 

from the ICRP to revise 

10 CFR Part 20.

The NRC published an advance 

notice of proposed rulemaking in 

the Federal Register (79 FR 43284) 

on July 25, 2014, and the public 

comment period closed on 

June 22, 2015. Staff is reviewing 

comments.
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11

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. 

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-D36

Washington, DC 20555–0001
NUREG/BR-0117 No.16-01

January 2016