February 2014

NUREG/BR-0117

No. 14-01

2013 National State 

Liaison Officers

Conference

 PAGE 1

The NRC Issues a 

Possession License

 PAGE 2

From the Desk of

the Director

 PAGE 3

Cumulative Effects of

Regulation

 PAGE 4

An International 

Commission Appointment

 PAGE 4

Significant Enforcement 

Actions

 PAGE 5

Generic Communications

Issued

 PAGE 6

Selected Federal 

Register Notices

 PAGE 7

Ongoing Rulemakings

 PAGE 8

To Our Readers

 PAGE 10

2013 National State 

Liaison Officers 

Conference

On November 5–6, 2013, the U.S. Nuclear 

Regulatory Commission (NRC) hosted 

the 2013 National State Liaison Officers 

Conference at NRC headquarters in Rockville, 

MD. This conference is held every 2 years to 

serve as a forum for States and the agency to 

discuss topics of mutual interest. This year’s 

conference was organized around the theme 

“Working Together to Protect People and the Environment.” 

NRC Executive Director for Operations Mark A. Satorius welcomed the attendees 

and introduced NRC Chairman Allison M. Macfarlane, who delivered the keynote 

speech. Chairman Macfarlane provided updates on several high interest topics 

before the agency and emphasized her support for further strengthening the 

agency’s relationship with States. The full text of the speech can be found at http://

pbadupws.nrc.gov/docs/ML1330/ML13309A775.pdf. 

The very full conference agenda then covered a variety of topics related to nuclear 

regulation, nuclear security, and radiological public health and safety. A diverse group 

of speakers from across the agency, as well as other Federal agencies and State 

organizations, provided informative discussions and updates. This year’s conference 

also included more scheduled opportunities for attendees to interact with each other 

and with the NRC staff and to participate in an open forum discussion and regional 

breakout sessions, along with a poster for participants, and networking session. 

Immediately following the conference on November 7, 2013, the NRC staff held an 

optional training session on effective communication of nuclear information. Several 

NRC communications experts provided the training, covering topics such as: risk 

communications, plain language usage, how to ask appropriate followup questions, 

outreach and facilitation, and social media. The session also provided opportunities 

for attendees to share their communications related experiences and insights.

Feedback received from conference participants has been very positive. The success 

of the event was a direct result of strong teamwork and contributions from across 

the agency. It was an agencywide effort, with multiple offices providing presenters 

and pitching in to assist with a myriad of logistical details. 

The NRC sincerely appreciates the participation from the conference attendees, 

whose engagement was vital to its success. Conference materials have been posted 

Continued on page 2

Office of Federal & State 

Materials & Environmental 

Management Programs
February 2014

2

on the conference Web site at http://homer.ornl.gov/nrc/conf/. 

For more information about the State Liaison Officer Program, please visit http://www.nrc.gov/

about nrc/state tribal/fst liaison.html#state. 

(Contact: June Cai, FSME, 301-415-5192 or June.Cai@nrc.gov)

THE NRC ISSUES A POSSESSION LICENSE

On October 23, 2013, the NRC issued a license that granted the U.S. 

Army the authority to possess depleted uranium (DU) at two military 

sites in Hawaii. The Army trained with the Davy Crockett weapons 

system at the two sites in the 1960s. This system included DU 

“spotting rounds,” which were used to assist with targeting accuracy.

The license allows the Army to possess up to 275 pounds of DU at 

Schofield Barracks on Oahu and the Pohakuloa Training Area on the 

island of Hawaii. It also provides for NRC inspections and requires 

the Army to implement a radiation safety plan and a physical security 

plan. The Army must also provide an air and plant sampling plan for 

NRC review within 90 days. The NRC must review sampling results 

before deciding whether to lift existing restrictions on activities that 

would disturb the DU. The license does not authorize the Army to 

use the DU or decommission the sites without additional review and 

approval by the NRC.

A license allowing the Army to manufacture and distribute the DU spotting rounds, issued by the 

NRC’s predecessor, the Atomic Energy Commission, expired in 1978. Under the earlier license, 

the Army distributed the spotting rounds to a number of Army installations for testing, training, 

and deployment. Each round of ammunition contained about 6 ounces of DU. In November 

2006, the Army informed the NRC that it had discovered DU fragments at the Schofield Barracks. 

Following that discovery, the Army reviewed old records and determined that the Davy Crockett 

system was tested at other installations.

The Army has enough DU at these sites that, under the Atomic Energy Act and NRC regulations, 

it is required to have a possession license. The Army submitted a license application in November 

2008. The initial license covered only the DU at the Hawaiian sites. In the future, the Army 

plans to amend the license to address DU at the other sites. These include the following: Forts 

Benning and Gordon (Georgia); Forts Campbell and Knox (Kentucky); Fort Carson (Colorado); 

Fort Hood (Texas); Fort Lewis, currently called Joint Base Lewis McChord, and the Yakima Training 

Center (Washington); Fort Bragg (North Carolina); Fort Polk (Louisiana); Fort Sill (Oklahoma); 

Fort Jackson (South Carolina); Fort Hunter Liggett (California); Fort Greeley (Alaska); Fort Dix 

(New Jersey); and Fort Riley (Kansas).

(Contact: Dominick Orlando, FSME, 301-415-6749 or Dominick.Orlando@nrc.gov)

2
February 2014

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FROM THE DESK OF 

THE DIRECTOR

One of the reasons why I enjoy coming to work every 

day is that FSME is always an exciting place. Our office 

manages such a broad range of issues and programmatic 

responsibilities. In recognition of the success that the 

office had in fiscal year 2013, I would like to use this 

column to reflect upon some of our major achievements. 

Starting with nuclear byproduct materials, FSME 

successfully deployed the License Verification System 

(LVS) component of the Integrated Source Management 

Portfolio (ISMP) in May. The LVS interface with the 

National Source Tracking System and Web based 

Licensing components of the ISMP provides secure, online 

verification of license and inventory information. We also 

completed the review of over 55 State regulation packages 

and finished a 3 year effort to publish an FSME specific 

training and qualification program of material license 

reviewers and inspectors (IMC 1248).

FSME has also maintained an active presence on the 

Radiation Source Protection and Security Task Force. 

Mandated by the Energy Policy Act of 2005, the task force 

evaluates and provides recommendations relating to the 

security of radiation sources in the United States. The 

task force is comprised of independent experts from 14 

Federal agencies and 2 State organizations, and is chaired 

by the NRC. The next task force report to Congress is 

due in August 2014.

Collaborative working groups on regulatory initiatives 

and outreach efforts have been another success story for 

FSME. Numerous important rulemakings were proposed 

or finalized that will lead to regulatory changes affecting 

medical licensees, disposal facilities, and spent fuel licensees 

and vendors, among others. FSME also continues to 

develop several agency policy statements, including an 

update on consumer products and the creation of a Tribal 

policy statement. 

Moving on to the decommissioning and waste arena, FSME 

issued several safety evaluation reports and supplemental 

environmental impact statements for uranium recovery 

facilities, including Strata, Dewey Burdock, and Willow 

Creek. In addition, staff successfully terminated the 

University of Illinois’ Research and Test Reactor license; 

authorized start of operations for the Lost Creek in situ 

leach facility; and engaged stakeholders on low level waste 

topics related to the ongoing Title 10 of the Code of Federal 

Regulations (10 CFR) Part 61 (“Licensing Requirements for 

Land Disposal of Radioactive Waste”) rulemaking effort. 

Recognizing the importance of maintaining a highly 

skilled workforce, FSME continued to provide training 

opportunities for our staff and our co regulators in 

Agreement States. In fact, Agreement State staff attended 

47 training courses hosted by the NRC over the past fiscal 

year. The office also continued extensive education and 

outreach efforts on safety culture. Finally, with regional 

and State assistance, we also completed all of this year’s 

Integrated Materials Performance Evaluation Program 

reviews to evaluate the technical adequacy and consistency 

of NRC and Agreement State materials programs.

As the office transitions into 2014, we look forward to 

another strong year in strengthening our collaborative 

relationships and completing the challenges before us, as 

we remain committed to a common goal of ensuring safety, 

security, and protection of the environment.

Brian Holian, Acting Director
February 2014

4

Cumulative Effects of Regulation

In January 2010, the Commission directed the NRC staff to consider the “aggregate impact” 

(now known as “cumulative effects of regulation”) of new and recently issued regulations on 

the regulated community. The cumulative effects of regulation (CER) are the organizational 

challenge that Agreement States, licensees, or other impacted entities face while implementing 

new regulatory positions, programs, or requirements within a limited implementation period, 

with potentially limited resources, and distraction from other primary duties that ensure safety 

or security (SECY-11-0032, “Consideration of Cumulative Effects of Regulation the in the 

Rulemaking Process” (March 2, 2011; ADAMS Accession No. ML110190027)). 

On March 12, 2013, the Commission directed the staff to engage the Agreement States to 

consider CER issues relative to the conduct of Agreement State programs. Following the 

Commission direction, the NRC staff has invited Agreement States to participate in CER public 

meetings; provided updates during the Organization of Agreement States (OAS)/Conference 

of Radiation Control Program Directors (CRCPD) monthly teleconferences; presented CER 

information at the 2013 annual CRCPD meeting; and invited OAS to participate on the NRC’s 

CER Working Group. In addition, the NRC staff discussed with the OAS Chair strategies on 

how to address Agreement States CER issues. 

Although the term “CER” was not yet coined when the Agreement State programs were 

developed in 1959, the NRC and Agreement States have worked together to develop 

coordinated and compatible regulatory programs based upon prioritization of various regulatory 

program elements (regulations, inspection frequencies, staff qualifications, etc.) relative to their 

impact on public health and safety. For example, in the 1980s, over 30 indicators were used 

to review the Agreement States’ regulatory programs, and they were categorized as either 

Category I, having direct impact on public health and safety or Category II, having indirect impact 

on public health and safety. In the 1990s and 2000s, the prioritization of regulatory elements for 

NRC and Agreement State programs was further refined with the implementation of joint NRC 

and Agreement State working groups that developed rulemakings, policy statements, and the 

Integrated Materials Performance Evaluation Program. 

Fortunately, with over 50 years of cooperation between the NRC and the Agreement States, a 

strong foundation has been laid and great mechanisms are in place to address Agreement States 

CER issues. Thus, the NRC and Agreement States will continue to examine the current frame 

work of cooperation between the two regulatory partners in light of the overall agency CER 

efforts, and determine the appropriate strategies for addressing Agreement State CER issues.

(Contact: Cardelia Maupin, FSME, 301-415-2312 or Cardelia.Maupin@nrc.gov)

AN INTERNATIONAL COMMISSION 

APPOINTMENT

Donald A Cool, Ph.D., was elected to the Main Commission of the International Commission 

on Radiological Protection (ICRP). Dr. Cool was also appointed chairman of ICRP Committee 

Four, the standing committee on the application of radiological protection recommendations. 

Dr. Cool has been an active participant in the ICRP for 29 years and a member of the standing 

committee since 1993. Dr. Cool also co-chairs the U.S. Interagency Steering Committee on 

Radiation Standards and is a council member of the National Council on Radiation Protection 

and Measurements. 

continued on page 5
February 2014

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Since 1928, the ICRP has developed and overseen a system that is the basis for radiation protection 

standards and policies used around the world. ICRP’s radiological protection recommendations are 

updated periodically to reflect the latest scientific evidence and radiation protection experience. 

ICRP has more than 200 volunteer members from roughly 30 countries who are the leading 

scientists and policymakers involved in radiological protection. The ICRP Main Commission has 

12 members and a chairman. ICRP Committee Four provides advice on applying the radiological 

protection system. Among the issues on its plate, the committee is updating advice on emergency 

and long term exposure using experience in contaminated territories such as around Fukushima.

The FSME staff congratulates Dr. Donald Cool on his new appointment.

SIGNIFICANT ENFORCEMENT ACTIONS

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

GeoLog Well Services, Inc. (EA-13-067)

On June 11, 2013, the NRC issued a Notice of Violation to GeoLog Well Services, Inc., for a Severity 

Level III violation. The violation involved the failure to, at least 3 days before engaging in the activity for 

the first time in a calendar year, file a submittal containing an NRC Form 241, “Report of Proposed 

Activities in Non Agreement States, Areas of Exclusive Federal Jurisdiction, or Offshore Waters”; a 

copy of the Agreement State specific license; and the appropriate fee as required by 10 CFR 150.20, 

“Recognition of Agreement State Licenses.” On multiple occasions between August 5, 2005, and 

March 14, 2013, the Agreement State licensee possessed and used licensed materials at temporary job 

sites in Indiana, a Non Agreement State, without first filing the required documentation with the NRC

Medical

Camden Clark Memorial Hospital Corporation (EA-13-107)

On August 8, 2013, the NRC issued a Notice of Violation to Camden Clark Memorial Hospital 

Corporation (CCMHC) for a Severity Level III problem involving two violations. The first violation 

involved the failure to implement its written procedure to provide high confidence that an 

administration was performed in accordance with the written directive as required by 

10 CFR 35.41, ”Procedures for Administrations Requiring a Written Directive.” Specifically, on 

February 25, 2011, CCMHC implanted a patient with 63 palladium-103 seeds to deliver a dose 

of 125 Gy; however, 16 of the 63 prescribed palladium-103 seeds were implanted outside the 

planned treatment area. CCMHC’s subsequent assessment of the implant on April 1, 2011, did not 

identify that the delivered dose was different from the prescribed dose by more than 20 percent. 

This failure to identify the medical event contributed to the second violation, specifically, CCMHC 

did not notify the NRC Operations Center by the next calendar day, in accordance with 

10 CFR 35.3045(c), “Report and Notification of a Medical Event,” that a medical event had 

occurred. Instead, CCMHC reported the medical event on March 5, 2012.

Information about the NRC’s enforcement program can be accessed at http://www.nrc.gov/aboutnrc/regulatory/enforcement/current.html. Documents related to cases can be accessed through 

Agencywide Documents Access and Management System (ADAMS) at http://www.nrc.gov/readingrm/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, FSME, 301-415-5868 or Michele.Burgess@nrc.gov)
February 2014

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GENERIC COMMUNICATIONS 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.

Information Assessment Team Advisory

The NRC established the Information Assessment Team Advisories (IATAs) to provide 

critical, time sensitive, threat related information to specified licensees. IATAs may 

also suggest or request that recipients execute certain voluntary precautionary or 

protective actions. IATAs are issued whenever the U.S. Attorney General or the 

Secretary of the U.S. Department of Homeland Security makes a change in the 

National Terrorism Advisory System. The NRC will issue a corresponding IATA 

elevating security at licensed facilities. 

On September 16, 2013, the NRC issued IA-03-02, “Criteria for Reporting 

Cybersecurity Incidents.” This IA was issued to inform recipients of the criteria for 

reporting cybersecurity incidents. This IA is security related and is not publicly available.

(Contact: Eric Lee, FSME, 301–287–3461 or Eric.Lee@nrc.gov)

Regulatory Issue Summaries

The NRC provides a regulatory issue summary (RIS) as an informational document 

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

On August 23, 2013, the NRC issued RIS 2013–12, “Notice of Issuance 

of Enforcement Guidance Memorandum–Interim Guidance for 

Dispositioning Violations Involving 10 CFR 35.60 and 10 CFR 35.63 for the 

Calibration of Instrumentation To Measure the Activity of Rubidium-82 

and the Determination of Rubidium-82 Patient Dosages.” This RIS was 

issued to inform addressees that on April 18, 2013, NRC issued Enforcement Guidance 

Memorandum EGM–13–003 concerning dispositioning inspection findings related 

to a licensee’s implementation of calibration requirements for rubidium-82 (Rb-82) 

activity measurement systems in accordance with 10 CFR 35.60, “Possession, Use, 

and Calibration of Instruments Used To Measure the Activity of Unsealed Byproduct 

Material,” and the requirement to determine the Rb–82 dosage before medical use 

in accordance with 10 CFR 35.63, “Determination of Dosages of Unsealed Byproduct 

Material for Medical Use.”

(Contact: Donna-Beth Howe, Ph.D., FSME, 301-415-7848, or Donna-Beth.Howe@nrc.gov)

On September 11, 2013, the NRC issued RIS 2013–14, “Reporting 

Transactions Involving Temporary Jobsites to the National Source 

Tracking System.” This RIS was issued to clarify the reporting requirements when 

transferring a nationally tracked source to temporary jobsites.

(Contact: Irene Wu, FSME, 301–415–1951, or Irene.Wu@nrc.gov)
February 2014

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On October 1, 2013, the NRC issued RIS 2013–16, “Interactions between the 

NRC and NRC Stakeholders during a Lapse of Agency Appropriations.” On 

October 9, 2013, FSME co-issued Supplement 1 to this RIS. These RISs were issued to inform 

addressees about how to communicate and interact with the NRC during the Federal government 

shutdown.

(Contacts: Thomas Alexion, NRR, 301-415-1326, or Thomas.Alexion@nrc.gov; and Tanya Mensah, 

NRR, 301-415-3610, or Tanya.Mensah@nrc.gov)

Selected Federal Register Notices

November 8, 2013

78 FR 67225, Amendments to Material Control and Accounting Regulations (Proposed Rule)

Summary: The NRC is proposing to amend its regulations for material control and accounting 

(MC&A) of special nuclear material (SNM). The goal of this rulemaking is to revise and 

consolidate the MC&A requirements in order to update, clarify, and strengthen them. The 

proposed amendments add new requirements that would apply to NRC licensees who are 

authorized to possess SNM in a quantity greater than 350 grams.

Contact: Thomas Young, FSME, 301-415-5795, or Thomas.Young@nrc.gov

November 18, 2013

78 FR 69140, CSMI, LLC; Request for Action, (Petition: Request for action; receipt)

Summary: George Walther Meade (the petitioner) has requested that the NRC take action 

with regard to CSMI (licensee). The petitioner requested immediate enforcement action by 

NRC issuing an order to revoke CSMI’s license based on the petitioner’s statement that the 

licensee has committed willful violations involving falsification of information that are of particular 

concern because the NRC’s regulatory program is based on licensees acting with integrity and 

communicating with candor. 
February 2014

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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) was sent to the 

NRC Commission for review.

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, training and 

experience requirements, and changes 

to address a request filed in a petition 

for rulemaking.

The rulemaking package 

(SECY–13–0084, dated 

August 8, 2013) was sent to 

the NRC Commission for 

review. The Commission has 

requested a public meeting to 

hear the views of the medical 

community, Agreement States, 

and the staff, before it votes 

on the proposed rule. The 

Commission meeting schedule 

for October 18, 2013, was 

postponed until after the 

proposed rule is published.

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 on May 16, 2013 

(78 FR 28988). A final rule 

will likely be sent the 

Commission in June 2014.

DIRECT FINAL RULE

10 CFR Part 70 – Appendix 

A Direct Final Rule, Reportable Safety Events

The NRC is revising event reporting 

requirements in 10 CFR Part 70, 

Appendix A, as per resolution and 

closure of the petition for rulemaking 

(PRM 70-08) published by the Office 

of the Federal Register (75 FR 63725, 

October 18, 2010). The petitioner 

requested that the NRC amend its 

regulations to clarify existing event 

reporting requirements based on 

experience gained since the requirements 

were revised. 

The Commission approved 

staff to move forward with 

rulemaking. The NRC staff 

plans to provide a rulemaking 

package to the Commission 

for its review sometime in 

2014.
February 2014

9

10 CFR Part 73 – Safeguard Information – 

Modified Handling 

(SGI–M) Categorization 

Change for Materials 

Facilities

The direct final rule and companion 

proposed rule would remove the 

SGI-M designation of the security related information for large irradiators, 

M&D licensees, and for any licensee 

that transports category 1 quantities 

of radioactive material or transports 

small quantities of irradiated reactor 

fuel that weighs 100 grams or less 

in net weight of irradiated fuel. The 

security-related information for these 

facilities and the transportation would 

no longer be designated as SGI-M 

and the information 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 staff sent the 

Commission a rulemaking 

package on April 24, 2013 

(SECY–13–0045), which 

the Commission approved. 

The direct final rule and 

companion prosed rule 

will likely be published in 

early 2014.

Petitions

PRM 32-7 – Association of 

Device Distributors and Manufacturers (ADDM) (Sean 

Chapel) – 10 CFR Part 32

Mr. Sean Chapel submitted a petition 

for rulemaking (PRM–32–7) requesting 

the NRC to revise 10 CFR Part 32 

by adding a new general license to 

install and service exempt devices. The 

petitioner also asked the NRC to change 

the Agreement State compatibility 

designation of 10 CFR 31.6, “General 

License to Install Devices Generally 

Licensed in 10 CFR 31.5.” 

The Commission approved 

the staff’s recommendation 

to deny the petition. The 

petition denial was published 

on September 16, 2013 

(78 FR 56839)

PRM 32-8 – Campco Petition Campco submitted a petition for 

rulemaking (PRM–32–8) requesting 

the NRC to amend regulations to 

allow commercial distribution of tritium 

markers.

The receipt and request of 

the petition was published in 

Federal Register for 75–days 

of public comments on 

July 11, 2013. 

POLICY STATEMENT

Tribal Policy Statement The FSME staff is in the process of developing an agency-wide Tribal Policy Statement to enhance government-to-government interactions with Tribes in areas 

within the NRC’s regulatory jurisdiction. 

The Policy Statement will provide guiding 

principles to ensure effective outreach, 

coordination and consultation with Tribal 

governments.

The staff sent a package to 

the Commission for review 

and approval in January 2014, 

including a proposed Tribal 

Policy Statement and related 

enclosures.

PRE-RULEMAKING

10 CFR Part 20 – ICRP 

Recommendations 

The rulemaking would revise 

10 CFR Part 20 to align with recent 

methodology and terminology for dose 

assessment in the ICRP Publication 103 

of 2007.

FSME is developing technical 

issue papers and will publish 

for stakeholder comment in 

2014.
February 2014

10

TO OUR READERS 

Thank you for your interest in our newsletter. In our attempt to keep the FSME News 

Link relevant, we welcome feedback on its contents. If you would like to suggest 

topics for the newsletter, please contact Vanessa Cox, FSME 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 FSME News Link and to prevent 

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

Newsletter@nrc.gov.

Please send written correspondence to the following address: 

Vanessa Cox, Editor, FSME Licensee Newsletter

Office of Federal and State Materials and

Environmental Management Programs

U.S. Nuclear Regulatory Commission

Two White Flint North, Mail Stop: T 8 F42

Washington, DC 20555 0001