U.S. Nuclear 

Regulatory 

Commission

Office of Nuclear 

Material Safety

and Safeguards

NUREG/BR-0117

NMSS Licensee Newsletter

(September 2002)

Contents Page

1. Revised Inspection Manual Chapter 2800, 

“Materials Inspection Program”. . . . . . . . . . 1

2. Framatome, ANP Criticality Safety 

Event. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

3. Update on Consolidated NMSS 

Decommissioning Guidance . . . . . . . . . . . 3

4. 10 CFR Part 35, Medical Use of 

Byproduct Material Workshops . . . . . . . . . 4

5. Significant Enforcement Actions . . . . . . . . 5

6. Generic Communications Issued

(May 1, 2002–July 31, 2002) . . . . . . . . . . . 9

7. Selected Federal Register Notices 

(April 1, 2002–July 31, 2002) . . . . . . . . . . 10

No. 02-3

September 2002

REVISED INSPECTION MANUAL 

CHAPTER 2800, “MATERIALS 

INSPECTION PROGRAM”

On April 15, 2002, the Division of Industrial and 

Medical Nuclear Safety launched a 12-month pilot 

program to streamline administrative processes 

described in Inspection Manual Chapter (IMC) 2800, 

“Materials Inspection Program.” The purposes 

of the pilot program are to gain effectiveness 

and efficiency through a more risk-informed and 

performance-based approach for routine inspections 

that are completed by the Regional inspection staff. 

The implementing procedure for the pilot program 

is Temporary Instruction 2800/033. Attachment A 

to the temporary instruction contains the revised 

IMC 2800. U.S. Nuclear Regulatory Commission 

(NRC) web locations for the temporary instruction 

and revised IMC 2800 are provided below, followed 

by a brief description of the revised administrative 

processes that are being implemented.

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

insp-manual/ti2800_033.html

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

insp-manual/ti2800-033attach.pdf

Risk information was used to identify certain 

licenses for which the inspection intervals have 

been lengthened. Consequently, fewer routine 

inspections will be scheduled because some 

inspections that would have been completed during 

the next 12 months will be rescheduled for future 

years. For example, a medical licensee that was 

routinely inspected every 3 years will, in the future, 

be inspected every 5 years. If the inspection was 

due in June 2002, the next routine inspection will 

be rescheduled for completion in June 2004. The 

current practice of lengthening the inspection 

interval for licensees with fewer violations has been 

discontinued for the pilot program because certain 

licenses were extended as an entire group. During 

the pilot program, NRC may opt to reduce the 

inspection interval for licensees that have difficulty 

in performing radiation safety functions.

Other revisions to IMC 2800 are consistent with 

a more performance-based inspection style. The 

manner in which inspectors prepare for and 

document the results of routine inspections has been 

NMSS Licensee Newsletter
2

streamlined. Expanded use of NRC Form-591, 

“Safety Inspection Report,” eliminates the need 

for further correspondence with the licensee after 

the inspector leaves the site. By improving the 

scheduling process for initial inspections, NRC 

expects effectiveness and efficiency to be improved. 

Greater flexibility was added for inspection of a 

licensee’s multiple field office locations. There 

are 11 inspection procedures [(IPs) 87110 through 

87120] that are associated with IMC 2800 and 

which are used by inspectors to complete routine 

inspections of certain licenses. These inspection 

procedures are being revised to reflect the revised 

IMC 2800 during the pilot program.

Agreement States were invited to voluntarily 

participate and contribute inspection data for the 

pilot program. Inspection data from the NRC 

Regional Offices and participating Agreement States 

will be analyzed in May 2003 after completion of 

the pilot program. The results of this analysis will 

be incorporated as appropriate into final versions of 

IMC 2800 and IPs 87110 through 87120, which are 

currently scheduled to be available by fall 2003.

(Contact: Thomas Young, NMSS, 301-415-5795, 

e-mail: tfy@nrc.gov)

FRAMATOME, ANP CRITICALITY 

SAFETY EVENT

Background

Framatome, ANP operates a U.S. Nuclear 

Regulatory Commission (NRC) licensed facility 

in Richland, WA, that produces uranium oxide 

powder and pellets and fabricates light-water reactor 

fuel. Within the facility, both inside and outside 

of buildings, uranium oxide powder is moved and 

stored in 170-liter (45-gallon) drums containing a 

neutron poison insert. Because the drums contain 

enough fissile material to support criticality if 

sufficient moderator is added, the poison inserts 

ensure that the uranium oxide powder in the drum 

remains subcritical under all conditions, including 

optimal moderation. The licensee considered the 

poison inserts to be a robust engineered criticality 

safety control capable of withstanding the failure of 

administrative controls associated with the various 

processes that used the poisoned drums.

Poison Fixture Event

On April 3, 2002, the licensee reported that a 

170-liter (45-gallon) drum had been found filled 

with 250 kilograms (542.5 pounds) of uranium oxide 

powder enriched to 2.7 percent, without a poison 

insert. An operator assigned to fill a drum with scrap 

uranium oxide powder had obtained a drum from a 

nearby waste accumulation point rather than from 

a more remote drum storage location. The operator 

had complied with a work procedure step to obtain a 

drum with a specific color stripe. The procedure did 

not contain a step to check for the poison fixture.

The drum selected had been placed in the waste 

accumulation area pending destruction after having 

the poison insert removed. Removal of the poison 

insert and disposal of the drum occurs routinely 

when the licensee deems that the drums are no 

longer serviceable. Procedures used to dispose of 

unserviceable drums did not require the drums to 

be labeled as out-of-service or removed from the 

electronic tracking system.

After selecting the unpoisoned drum, the licensee 

operator filled the drum with scrap uranium oxide 

powder, placed a lid on the drum, and moved the 

drum to another location, to initiate processing of 

the scrap material. At the station where the drum 

was filled, the work procedure required checking 

the interior of the drum for moisture. Because 

equipment in this area did not allow the interior 

of the drum to be easily seen, the operator did not 

perform this step. At the next location, the same 

operator removed the drum lid and noticed that the 

poison insert was missing. 

There were no actual safety consequences associated 

with the event because the accumulation of enough 

water in the drum for criticality was determined to 

be unlikely. NRC considers that the risk significance 

of this type failure under other circumstances could 

be much greater. 

Significant Root Causes

The event revealed a number of important root 

causes related to the operation of a fuel fabrication 

facility and the maintenance of double contingency 

during routine and upset conditions. 
3

• Failure to maintain configuration control. The 

licensee relied heavily on the poison drum 

inserts, a single engineered control, as the 

dominant criticality safety control for the drums, 

but failed to take adequate measures to ensure 

that non-poisoned drums would not be used. 

Failures included: (1) not tagging out-of-service 

drums; (2) placing an out-of service drum in a 

waste accumulation area in close proximity to a 

work area that used the drums; and (3) failing to 

clearly mark the waste accumulation area.

• Inadequate procedures. Procedures involved 

in controlling the uranium oxide powder 

processing during the event did not adequately 

implement safety controls required by analysis. 

The specific process in which the event occurred 

had several deficient procedures, including 

the procedure removing drums from service, 

which did not require the drums to be tagged, 

and the procedure for drum selection, which did 

not require a visual inspection to confirm the 

presence of the poison insert. The procedure 

step calling for the moisture inspection of the 

drum was difficult to perform and in conflict 

with radiological controls, resulting in the step 

being skipped. Procedures also did not identify 

which work steps were safety-related.

• Inadequate operator training. The operator 

involved in the event had completed all required 

training, but that training did not require 

completion of a skills demonstration regarding 

processes for which the operator had qualified. 

NRC inspectors determined that newly qualified 

operators did not understand the criticality 

risks associated with processes, or the specific 

Criticality Safety controls associated with their 

operations.

• Inadequate management oversight. NRC 

inspectors determined that licensee management 

had failed to exercise adequate supervision over 

operators performing risk-significant activities. 

Specifically, the operator involved in the event 

was recently qualified and had not previously 

performed the work process. Licensee 

management failed to recognize the experience 

level or assign adequate on-the-job oversight.

• Weak corrective actions. Licensee immediate 

corrective actions addressed the narrow issue of 

using an unpoisoned drum, but did not address 

broader weaknesses in training, procedures, and 

management controls. Initial licensee corrective 

actions did not go far enough to assure that 

safety-related work steps could actually be 

performed as required, nor did they address 

operator training and management oversight.

NRC is in the process of evaluating the significance 

of this event, including possible enforcement action. 

(Contact: Dennis Morey, NMSS, 301-415-6107, 

e-mail: dcm@nrc.gov)

UPDATE ON CONSOLIDATED NMSS 

DECOMMISSIONING GUIDANCE

The U.S. Nuclear Regulatory Commission’s 

(NRC’s) Office of Nuclear Material Safety and 

Safeguards (NMSS) announces the availability, in 

September 2002, of Volume 2 of NUREG-1757, 

“Consolidated NMSS Decommissioning Guidance: 

Characterization, Survey, and Determination of 

Radiological Criteria,” for a 90-day public comment 

period. The NRC staff encourages interested 

licensees and members of the public to comment 

on this draft volume. This volume is a continuation 

of the NRC staff’s work to consolidate and update 

numerous decommissioning guidance documents 

into a three-volume report (NUREG-1757). 

The NRC staff also announces the availability, 

in September 2002, of the final version of 

Volume 1, “Consolidated NMSS Decommissioning 

Guidance: Decommissioning Process.” Volume 3, 

“Consolidated NMSS Decommissioning Guidance: 

Financial Assurance, Recordkeeping, and 

Timeliness,” is scheduled for availability in Winter 

2002/2003, as a draft for public comment. 

This NUREG series provides guidance for the 

planning and implementation of the termination of 

licenses issued through NMSS licensing programs. 

Development of the NUREG involves the review, 

consolidation, and updating of approximately 80 

existing materials decommissioning guidance 

documents and will result in user-friendly, riskinformed, and performance-oriented guidance. The 

guidance is intended for NRC staff, licensees, and 

the public, and is being developed in response to the 

NMSS performance goals, in NRC’s Strategic Plan, 

of: (1) making NRC activities and decisions more 
4

effective, efficient, and realistic; and (2) reducing 

unnecessary regulatory burden on stakeholders. 

NRC is seeking public comment on each volume, to 

receive feedback from the widest range of interested 

parties and to ensure that all information relevant to 

developing the document is available to the NRC 

staff.

Draft Volumes 2 and 3 will be issued for comment 

and are not intended for interim use. NRC will 

review public comments received on the draft 

documents. In response to those comments, 

suggested changes will be incorporated where 

appropriate, and final documents will be prepared. 

The final Volume 1 is intended for use by licensees, 

NRC staff, and others, when it is issued.

In concert with this guidance consolidation project, 

the Nuclear Energy Institute (NEI) and the NRC 

staff identified an approach to clarify existing 

guidance associated with the License Termination 

Rule (10 CFR Part 20, Subpart E). NEI’s License 

Termination Task Force (Task Force) generated 

questions and answers (Q&As) associated with 

decommissioning issues that are common to the 

industry. NRC staff reviewed the Q&As. The NRC 

staff and the Task Force further developed the Q&As 

so that they adequately reflect NRC regulations 

and guidance and include a sound technical 

basis. This joint Q&As initiative was discussed 

at the June 1, 2002, public workshop on the 

guidance consolidation project. As a result of this 

cooperation, the NRC staff has found seven Q&As 

acceptable. These are provided in an appendix to 

Volume 2 of NUREG-1757. The NRC staff and 

the Task Force are continuing work on additional 

questions, which will be published separately.

The volumes of NUREG-1757 and correspondence 

between NEI and the NRC staff regarding the 

Q&As initiative are, and will be, available at the 

Commission’s Public Document Room, U.S. NRC’s 

Headquarters Building, 11555 Rockville Pike (First 

Floor), Rockville, Maryland, and electronically 

from the ADAMS Electronic Reading Room on the 

NRC web site at: http://www.nrc.gov/reading-rm/

adams.html. NUREG-1757 is also available on the 

NRC web site at: http://www.nrc.gov/reading-rm/

doc-collections/nuregs/staff/.

Free single copies of the NUREG-1757 volumes 

will be available to interested parties until the 

supply is depleted. Such copies may be requested by 

writing to the U.S. Nuclear Regulatory Commission, 

Distribution Services, Washington, DC 20555-0001 

or by submitting e-mail to distribution@nrc.gov.

(Contact: Duane Schmidt, NMSS, 301-415-6919; 

e-mail: dws2@nrc.gov)

10 CFR PART 35, MEDICAL USE OF 

BYPRODUCT MATERIAL WORKSHOPS

The U.S. Nuclear Regulatory Commission (NRC) 

will be conducting several workshops to inform 

external stakeholders of the changes made to 

10 CFR Part 35, “Medical Use of Byproduct 

Material” (hereafter, Part 35). The purpose of 

these workshops is to provide stakeholders with 

the necessary information to promote a successful 

transition into the new rule. The revised Part 35 is 

a risk-informed, and performance-based regulation 

that focuses on those medical procedures that pose 

the highest radiological risk to workers, patients, and 

the public. The revised Part 35 was published in the 

Federal Register (67 FR 20249) on April 24, 2002, 

and will become effective on October 24, 2002.

The dates and locations for the workshops are 

described below. Workshops will be conducted from 

8:00 a.m. until 4:30 p.m.

September 10, 2002

U.S. Nuclear Regulatory Commission

Two White Flint North

11555 Rockville Pike

Rockville, Maryland 20852

Room: Auditorium

Meeting information: Linda Psyk (301) 415-0215

September 24, 2002

Radisson Hotel Valley Forge

1160 First Avenue

King of Prussia, Pennsylvania 19406

Hotel information: (610) 337-2000

Meeting information: Christine O’Rourke 

 (610) 337-5386
5

September 28, 2002

The Embassy Suites Hotel and Casino - San Juan

8000 Tartak Street

Carolina, Puerto Rico 00979

Hotel information: (787) 791-0505

Meeting information: Hector Bermudez 

 (404) 562-4734

Note: This workshop will be held mostly in Spanish.

October 9, 2002

Wyndham Lisle

3000 Warrenville Road

Lisle, Illinois 60532

Hotel information: (630) 505-1000

Meeting information: Patricia Pelke (630) 829-9868

October 16, 2002

Holiday Inn - Arlington

1507 N. Watson Road

Hwy 360 at Brown Blvd.

Arlington, Texas 76006

Hotel information: (817) 640-7712

Meeting information: Jack Whitten (817) 860-8197

The workshops will be conducted by NRC staff 

making presentations to the attendees. The staff 

will allow time for question and answer sessions. 

The workshops are open to the public, but the target 

audience will be members of the regulated medical 

community that possess licenses or permits issued 

by NRC or Agreement States, and holders of Master 

Material Licenses authorizing the use of byproduct 

material for medical purposes.

Those needing accommodations under the American 

with Disabilities Act or having special concerns 

should contact the person listed as point of contact 

for each meeting.

For those attending the September 10 workshop, 

please contact Lucia Lopez, in advance, at 

301-415-7852, to provide information that will 

facilitate entrance into the Two White Flint North 

building on the day of the meeting. Individuals 

calling from outside of the Washington, DC, 

metropolitan area may call 1-800-368-5642 and ask 

for extension 7852.

(Contact: Roberto Torres, NMSS, 301-415-8112, 

e-mail: rjt@nrc.gov.)

SIGNIFICANT ENFORCEMENT ACTIONS

The U.S. Nuclear Regulatory Commission’s 

(NRC’s) enforcement program can be accessed 

via NRC’s homepage (under “What We Do.” 

Documents related to cases can be accessed at 

(“Electronic Reading Room,” “Documents in 

ADAMS,” which is the Agency-wide Document 

Access and Management System (ADAMS). Help 

in using ADAMS is available from the NRC Public 

Document Room, telephone: 301-415-4737 or 

1-800-397-4209. 

Gauges

H. C. Nutting (EA-02-020)

On April 2, 2002, a Notice of Violation was issued 

for a Severity Level III violation involving the 

failure to secure from unauthorized removal, or limit 

the access to, licensed material [13 Troxler Series 

3400 moisture density gauges, each containing a 

nominal 370 megabecquerels (Mbq) (10 millicuries) 

of cesium-137 and a nominal 1850 Mbq (50 

millicuries) of americium-241] in an unrestricted 

area, and failure to control or maintain constant 

surveillance of this licensed material.

Centennial Engineering & Research, Inc. 

(EA-01-219)

On April 9, 2002, an Order Imposing Civil Monetary 

Penalty in the amount of $3000 was issued. The 

action was based on a Notice of Violation and 

Proposed Imposition of Civil Penalty, in the amount 

of $3000, that was issued on December 3, 2001, for 

a Severity Level III problem involving the willful 

failures to: (1) submit an amendment request to 

reflect the designation of a new radiation safety 

officer; and (2) confine its possession of byproduct 

material to the location authorized by the license. 

The licensee’s December 26, 2001, responses 

admitted the violations, but disagreed that there 

was any willfulness associated with the violations, 

and requested mitigation of the civil penalty. After 

considering the licensee’s response, NRC concluded 

that the violations occurred willfully and that 

there wasn’t an adequate basis for mitigating the 

civil penalty.
6

Trap Rock Industries, Inc. (EA-01-314)

On April 30, 2002, an Order Imposing Civil 

Monetary Penalty in the amount of $3000 was 

issued. The action was based on a Notice of 

Violation and Proposed Imposition of Civil 

Penalty, in the amount of $3000, that was issued on 

February 27, 2002, for a Severity Level III violation 

involving failure to control a nuclear gauge that 

was subsequently stolen from a temporary site. 

The licensee’s March 26, 2002, response did not 

deny that the violation occurred as stated in the 

Notice, but requested withdrawal of the penalty. 

The licensee argued that the penalty should be 

withdrawn because the gauge contained minuscule 

quantities of material, was clearly and properly 

labeled, and was lost because of a criminal act of an 

unknown third party. On discovery that the gauge 

was missing, the licensee immediately notified 

the U.S. Nuclear Regulatory Commission (NRC) 

of the employee who left the gauge unattended, 

and also took corrective actions that included 

re-instructing and retraining its employees; and the 

licensee had no prior violations of NRC regulations. 

After considering the licensee’s response, NRC 

concluded that an adequate basis was not provided 

for withdrawal of the civil penalty.

Stora Enso North America Corporation 

(EA-02-035)

On June 11, 2002, a Notice of Violation and 

Proposed Imposition of Civil Penalty in the amount 

of $7500 was issued for a Severity Level III problem 

involving: (1) failure to control and maintain 

constant surveillance of radioactive material that was 

in an unrestricted area and not in storage; (2) failure 

to clearly label a container (gauge) containing 

radioactive material; and (3) failure to ensure that 

a gauge containing a radioactive sealed source was 

removed by persons specifically licensed to perform 

such services. Although the civil penalty would 

have been fully mitigated based on the normal civil 

penalty assessment process, a base civil penalty was 

assessed in accordance with Section VII.A.1.g of the 

Enforcement Policy, to reflect the significance of 

maintaining control of licensed material.

Department of the Interior, Bureau of Indian 

Affairs (EA-02-057)

On June 26, 2002, a Notice of Violation was issued 

for a Severity Level III violation involving the 

failure to appoint a radiation safety officer (RSO) 

and a willful failure to amend the U.S. Nuclear 

Regulatory Commission license to reflect the 

appointment of a new RSO.

CTI Consultants, Inc. (EA-02-080)

On July 23, 2002, a Notice of Violation and 

Proposed Imposition of Civil Penalty in the amount 

of $3000 was issued for a Severity Level III problem 

involving the failure to secure and control licensed 

material contained in a gauge.

CTI Core Drilling Services, Inc. (EA-02-081)

On July 23, 2002, a Notice of Violation was 

issued for a Severity Level III violation involving 

the deliberate unauthorized possession of 1480 

megabecquerels (Mbq) [40 millicuries (mCi)] of 

americium-241 and 296 Mbq (8 mCi) of cesium-137 

contained in a damaged portable nuclear gauge.

Medical

University of Pennsylvania (EA-02-050)

On April 5, 2002, a letter was issued documenting 

the U.S. Nuclear Regulatory Commission’s decision 

to exercise enforcement discretion, in accordance 

with Section VII.B.6 of the Enforcement Policy, 

for a Severity Level III violation involving multiple 

failures to maintain radiation doses to members of 

the public below regulatory limits. The requirement 

was violated when guardians of minor patients 

treated with iodine-131 meta-iodobenzylguanidine 

received doses that exceeded the limit. Enforcement 

discretion was warranted because: (1) the licensee 

believed that parents who provided care for their 

children were occupationally exposed and, as a 

result, provided thorough training and dosimetry 

to those parents; (2) current regulations permit a 
7

licensee to request prior approval to increase the 

dose limit for individual members of the public to 

5 millisieverts (mSv) (500 millirem); (3) once the 

licensee was made aware of the misinterpretation, 

licensee staff requested, and were subsequently 

granted, authorization to increase the dose limit 

for individual members of the public providing 

such inpatient care, during treatments, to 5 mSv 

(500 millirem); and (4) no exposures exceeded 

5 mSv (500 millirem).

Wilcox Memorial Hospital (EA-02-056)

On April 25, 2002, a Notice of Violation was issued 

for a Severity Level III violation involving the 

failure to secure, from unauthorized removal, or 

limit access to, licensed material (curie quantities 

of molybdenum-99) and the failure to control and 

maintain constant surveillance of this licensed 

material. 

Avera McKennan Hospital (EA-02-008)

On June 14, 2002, a Notice of Violation and 

Proposed Imposition of Civil Penalty, in the amount 

of $3000, was issued for a Severity Level III 

violation involving the willful administration of 

technetium-99m to a nuclear medicine technology 

student, when such use had not been approved by an 

authorized user at the licensee’s facility.

Howard University Hospital (EA-02-102)

On June 21, 2002, a Notice of Violation and 

Proposed Imposition of Civil Penalty in the amount 

of $3000 was issued for a Severity Level III 

problem involving the failures to: (1) secure from 

unauthorized removal, or limit access to, licensed 

material [96 megabecquerels (2.6 millicuries) of 

iridium-192] contained in a brachytherapy ribbon; 

(2) control and maintain constant surveillance of 

this licensed material; and (3) perform a survey for 

radioactive material. Although the civil penalty 

would have been fully mitigated, based on the 

normal civil penalty assessment process, a base civil 

penalty was assessed in accordance with Section 

VII.A.1.g of the Enforcement Policy, to reflect 

the significance of maintaining control of licensed 

material.

United Hospital (EA 02-060)

On July 11, 2002, a Notice of Violation was issued 

for a Severity Level III violation involving the 

willful failure of a nuclear medicine technologist 

to obtain authorization from a physician, before 

administering technetium-99m to an individual.

Temple University (EA-02-148)

On July 25, 2002, a Notice of Violation was issued 

for a Severity Level III problem involving the 

deliberate failure of a senior nuclear medicine 

technologist to follow procedures involving the use 

of radiopharmaceuticals for a patient dose, and the 

subsequent falsification of the assayed and delivered 

dose record. 

V.A. Medical Center, MO. (EA-02-105)

On July 31, 2002, a Notice of Violation and 

Proposed Imposition of Civil Penalty in the amount 

of $6000 was issued for a Severity Level III problem 

involving the unauthorized disposal of licensed 

material and the failure to immediately report, to 

the U.S. Nuclear Regulatory Commission, loss of 

licensed material when the inappropriate disposal 

was identified. 

Danbury Hospital (EA-02-150)

On August 5, 2002, a Notice of Violation was 

issued for a Severity Level III violation involving a 

misadministration stemming from the failure of the 

licensee’s quality management program to include 

a written procedure to ensure that the appropriate 

sources are implanted as specified in the written 

directive. 

Radiopharmacy

Mallinckrodt, Inc. (EA-02-084)

On May 10, 2002, a letter was issued documenting 

the U.S. Nuclear Regulatory Commission’s (NRC’s) 

decision to exercise enforcement discretion and 

not issue a violation for the additional examples of 

extremity exposures in excess of 500 millisievert 

(mSv) (50-rem) shallow-dose equivalent, nor 

propose any additional enforcement action for these 
8

issues. Discretion was warranted because it was: 

(1) licensee-identified as part of the corrective action 

for the previous enforcement action (EA-00-178); 

(2) it had the same root cause as the previous 

violation; (3) it was promptly and comprehensively 

corrected; and (4) it did not change the significance 

of the initial violation.

On July 30, 2002, a Notice of Violation and 

Proposed Imposition of Civil Penalty in the amount 

of $4800 was issued for a Severity Level II violation 

involving an overexposure to a pharmacist in excess 

of NRC requirements. The violation involved 

an extremity exposure to a radiopharmacist of 

approximately 1.27 Sv (127 rem) and 860 mSv (86 

rem) to the right and left index fingers, respectively, 

which exceeded NRC’s regulatory dose limit 

of 500 mSv (50 rem), as specified by 10 CFR 

20.1201(a)(2)(ii).

Radiography

Quality Testing & Inspection (EA-01-300)

On April 9, 2002, a Notice of Violation was issued 

for a Severity Level III violation involving the 

failure to comply with U.S. Nuclear Regulatory 

Commission radiography requirements while 

conducting radiography, when radiography was 

willfully performed in a non-Agreement State and 

only one qualified individual was present.

Inspection Testing, LLC (EA-02-029)

On April 16, 2002, a Notice of Violation was 

issued for a Severity Level III violation involving 

the performance of radiographic operations at a 

temporary job site, by a radiographer, without 

being accompanied by at least one other qualified 

radiographer or radiographer’s assistant.

High Mountain Inspection Service, Inc. 

(EA-01-302)

On May 7, 2002, a Notice of Violation and 

Proposed Imposition of Civil Penalty in the amount 

of $6000 was issued for a Severity Level III 

problem involving multiple failures to ensure that 

radiography activities were conducted in a manner 

that kept radiation exposures within limits.

United Evaluation Services (EA-02-103)

On May 14, 2002, the U.S. Nuclear Regulatory 

Commission (NRC) issued an immediately 

effective Order Suspending License and Demand 

for Information to the licensee, formerly known as 

Accurate Technologies. The action was based on 

the licensee’s deliberate violations of NRC safety 

requirements involving radiography, as well as its 

deliberate provision of inaccurate information to 

NRC.

Decisive Testing, Inc. (EA-01-271)

On June 11, 2002, an Order Imposing Civil 

Monetary Penalty in the amount of $6000 was 

issued. The action was based on a February 27, 

2002, Notice of Violation and Proposed Imposition 

of Civil Penalty, in the amount of $6000, that was 

issued for a Severity Level III violation involving 

a willful failure to notify NRC and pay reciprocity 

fees before conducting radiography on U.S. Navy 

vessels. The licensee’s March 21, 2002, response 

admitted the violation, but requested that discretion 

be exercised and that no civil penalty be assessed. 

The licensee’s request was based, in part, on its 

belief that there was no threat to public health, that 

the situation was corrected before the U.S. Nuclear 

Regulatory Commission (NRC) became involved, 

and that the violation was not addressed within 

the NRC Enforcement Policy. After considering 

the licensee’s response, NRC concluded that the 

violation occurred willfully and that there wasn’t an 

adequate basis for mitigating the civil penalty.

Jacobs Pan American Corporation (EA-02-054) 

(EA-02-055)

On June 12, 2002, a Notice of Violation was issued 

for a Severity Level III problem and a Severity 

Level III violation. The Severity Level III problem 

involved multiple violations, associated with the 

conduct of radiographic activities, that resulted in 

an extremity overexposure to a radiographer. The 

Severity Level III violation involved the failure 

to secure, from unauthorized removal, or limit 

the access to, licensed material [a radiographic 

camera containing 2.2 terabecquerels (59 curies) 

of iridium-192] in an unrestricted area, and failure 

to control or maintain constant surveillance of this 

licensed material.
9

Other

Westinghouse Electric Company (EA-02-045)

On May 29, 2002, a Notice of Violation was issued 

for a Severity Level III problem including multiple 

violations (one willful) involving material control 

and transportation of special nuclear material.

Northern Engraving Corporation (EA-02-098)

On July 22, 2002, a Notice of Violation and 

Proposed Imposition of Civil Penalty in the amount 

of $3,000 was issued for a Severity Level III 

problem involving failures to: (1) transfer generally 

licensed devices only to authorized recipients; and 

(2) provide complete and accurate information to the 

U.S. Nuclear Regulatory Commission. Although the 

civil penalty would have been fully mitigated based 

on the normal civil penalty assessment process, 

a base civil penalty was assessed in accordance 

with Section VII.A.1.g of the Enforcement Policy, 

to reflect the significance of maintaining the 

control of licensed material—in this case, a static 

eliminator device containing 416.25 megabecquerels 

(11.25 millicuries) of americium-241.

Individual Actions 

Stephen T. Altier (IA-02-010)

On July 11, 2002, a Notice of Violation was issued 

for a Severity Level III violation involving the 

individual’s activities while employed at United 

Hospital. The individual, a nuclear medicine 

technologist, deliberately failed to obtain authorization from a physician before administering 

technetium-99m to an individual. 

Wayne Curtis Kelley (IA-02-003)

On June 14, 2002, a Notice of Violation was issued 

for a Severity Level III violation involving the 

individual’s activities while employed at Avera 

McKennan Hospital. The individual, a nuclear 

medicine technologist, deliberately administered 740 megabecquerels (20 millicuries) of 

technetium-99m to a nuclear medicine technology 

student, when such use had not been approved by an 

authorized user at the licensee’s facility.

Steven W. Redmond (IA-02-009)

On April 9, 2002, a Notice of Violation was issued 

for a Severity Level III violation involving the 

individual’s activities while employed at Quality 

Testing & Inspection (QTI). The individual 

deliberately caused QTI to be in noncompliance 

(see EA-01-300) when he conducted radiography 

operations in a non-Agreement State with only one 

qualified individual present.

(Contact: Sally Merchant, OE, 301-415-2747, 

e-mail: slm2@nrc.gov)

GENERIC COMMUNICATIONS ISSUED

(May 1, 2002–July 31, 2002)

Note that these are only summaries of U.S. 

Nuclear Regulatory Commission (NRC) generic 

communications. If one of these documents appears 

relevant to your needs and you have not received it, 

please call one of the technical contacts listed below. 

The Internet address for the NRC library of generic 

communications is—www.nrc.gov/reading-rm/doccollections/gen-comm/index.html. Please note that 

this address is case-sensitive and must be entered 

exactly as shown.

Information Notices (INs)

IN 2002-16, “Intravascular Brachytherapy 

Misadministrations,” was issued on May 1, 2002. 

This notice was issued to all medical licensees to 

alert them to three reported misadministrations that 

have occurred at two different facilities during the 

conduct of intravascular brachytherapy procedures, 

because of improper dose calculation parameters 

being used.

(Contact: Ronald E. Zelac, NMSS, 301-415-7635, 

e-mail: rez@nrc.gov)

IN 2002-17, “Medical Use of Strontium-90 (Sr-90) 

Eye Applicators: New Requirements for Calibration 

and Decay Correction,” was issued on May 30, 

2002. This notice was issued to all medical licensees 

that use Sr-90 eye applicators to inform them about 

new requirements in the revised 10 CFR Part 35, 

“Medical Use of Byproduct Material,” pertaining 
10

to the calibration and decay correction of Sr-90 eye 

applicators, and related issues.

(Contacts: Robert Ayres, NMSS, 301-415-5746, 

e-mail: rxa1@nrc.gov; Jonathan Rivera, NMSS, 

301-415-5810, e-mail: jxr4@nrc.gov; Jeff Griffis, 

RII, 404-562-4737, e-mail: njg1@nrc.gov)

IN 2002-19, “Medical Misadministrations Caused 

by Failure to Properly Perform Tests on Dose 

Calibrators for Beta- and Low-Energy PhotonEmitting Radionuclides,” was issued on June 14, 

2002. This notice was issued to all nuclear 

pharmacies and medical licensees to: (1) inform 

them of the lessons learned from an event 

involving multiple misadministrations, because 

of inaccurate measurement of dosages of betaemitting radiopharmaceuticals; and (2) remind 

them of the importance of conducting proper tests 

of the dose calibrator when measuring beta- and 

low-energy photon-emitting radiopharmaceuticals 

and liquid brachytherapy sources (e.g., samarium153, strontium-89, yttrium-90, phosphorus-32, and 

iodine-125).

(Contact: Donna-Beth Howe, Ph.D, NMSS, 

301-415-7848, e-mail: dbh@nrc.gov)

IN 2002-20, “Microwave Perimeter Intrusion 

Detection System Installation,” was issued on 

June 20, 2002. It was issued to reactors, fuel 

cycle licensees, and independent spent fuel storage 

installations. The notice contains Safeguards 

Information and distribution must be restricted 

pursuant to 10 CFR 73.21.

(Contact: Brian Hughes, NSIR, 

301-415-1096, e-mail: bxh1@nrc.gov)

IN 2002-23, “Unauthorized Administration of 

Byproduct Material for Medical Use,” was issued 

on July 16, 2002. The notice was issued to all 

medical licensees to remind them of the importance 

of appropriate authorization before administration of 

byproduct material for medical use.

(Contact: Anita L. Turner, Ph.D., NMSS, 

301-415-5508, e-mail: alt@nrc.gov)

IN 2002-24, “Potential Problems with Heat 

Collectors on Fire Protection Sprinklers,” was 

issued on July 19, 2002. The notice was issued to 

all reactors and fuel cycle facilities to alert them 

to potential problems with using heat collectors on 

sprinklers and fire detectors installed to satisfy NRC 

fire protection requirements.

(Contacts: Tanya Eaton, NRR, 301-415-3610, 

e-mail: tme@nrc.gov; Mark Henry Salley, NRR, 

301-415-2840, e-mail: mxs3@nrc.gov; Peter Lee, 

NMSS, 301-415-8111, e-mail: psl1@nrc.gov)

Regulatory Issue Summaries (RIS’)

RIS 2002-07, “Clarification of NRC Requirements 

Applicable to Worker Fatigue and Self-Declarations 

of Fitness-for-Duty,” was issued on May 10, 2002. 

This summary was issued to all power reactors and 

all licensees authorized to possess, use, or transport 

formula quantities of strategic special nuclear 

material, to highlight recent concerns about worker 

self-declarations of fitness-for-duty and to clarify the 

applicable regulatory requirements.

(Contacts: David R. Desaulniers, NRR, 

301-415-1043, e-mail: drd@nrc.gov; Garmon 

West Jr., NRR, 301-415-1044, e-mail: 

fitnessforduty@nrc.gov)

RIS 2002-10, “Revision of the Skin Dose Limit 

in 10 CFR Part 20,” was issued on July 9, 2002. 

This summary was issued to all materials licensees 

to inform them of changes in the regulatory dose 

limit for the skin in 10 CFR Part 20, effective as of 

June 4, 2002.

(Contact: Sami Sherbini, NMSS, 

301-415-7853, e-mail: sxs2@nrc.gov.)

(General Contact: Kevin M. Ramsey, NMSS, 

301-415-7887, e-mail: kmr@nrc.gov)

SELECTED FEDERAL REGISTER

NOTICES

(April 1, 2002–July 31, 2002)

Note: U.S. Nuclear Regulatory Commission 

contacts may be reached by mail at the U.S. 

Nuclear Regulatory Commission, Washington, DC 

20555-0001.
11

FINAL RULES

“Revision of the Skin Dose Limit,” 67 FR 16298, 

April 5, 2002.

(Contact: Alan K. Roecklein, NRR, 301-415-3883, 

e-mail: akr@nrc.gov)

“Medical Use of Byproduct Material,” 67 FR 

20250, April 24, 2002.

(Contact: Roger W. Broseus, NMSS, 301-415-7608, 

e-mail: rwb@nrc.gov)

“Disposal of High-Level Radioactive Wastes in a 

Proposed Geologic Repository at Yucca Mountain, 

NV; Correction,” 67 FR 20884, April 29, 2002.

(Contact: Timothy McCartin, NMSS, 

301-415-6681, e-mail: tjm3@nrc.gov)

“Debt Collection Procedures,” 67 FR 30315, May 5, 

2002.

(Contact: Leah Tremper, OCFO, 301-415-7347)

“List of Approved Spent Fuel Storage Casks: NACMPC Revision: Confirmation of Effective Date,” 

67 FR 31938, May 13, 2002.

(Contact: Jayne M. McCausland, NMSS, 

301-415-6219, e-mail: jmm2@nrc.gov)

“List of Approved Spent Fuel Storage Casks: HISTORM 100 Revision; Withdrawal of Direct Final 

Rule,” 67 FR 39260, June 7, 2002.

(Contact: Jayne M. McCausland, NMSS, 

301-415-6219, e-mail: jmm2@nrc.gov)

“Revision of Fee Schedules; Fee Recovery for FY 

2002,” 67 FR 42611, June 24, 2002.

(Contacts: Glenda Jackson, OCFO, 301-415-6057; 

Robert Carlson, 301-415-8165)

“List of Approved Spent Fuel Storage Casks: HISTORM 100 Revision,” 67 FR 46369, July 15, 

2002.

(Contact: Jayne M. McCausland, NMSS, 

301-415-6219, e-mail: jmm2@nrc.gov)

PROPOSED RULES

“Revision of Fee Schedules; Fee Recovery for FY 

2002 (Correction),” 67 FR 17490, April 10, 2002.

“Compatibility with IAEA Transportation Safety 

Standards (TS-R-1) and Other Transportation Safety 

Amendments,” 67 FR 21390, April 30, 2002.

(Contact: Naiem S. Tanious, NMSS, 301-415-6103, 

e-mail: nst@nrc.gov)

“Geological and Seismological Characteristics for 

Siting and Design of Dry Cask Independent Spent 

Fuel Storage Installations and Monitored Retrievable 

Storage Installations,” 67 FR 47745, July 22, 2002.

(Contact: Keith McDaniel, NMSS, 301-415-5252, 

e-mail: kkm@nrc.gov)

“Cost Recovery for Contested Hearings Involving 

U.S. National Security Initiatives,” 67 FR 49623, 

July 31, 2002.

(Contacts: Robert Carlson, OCFO, 301-415-8165; 

Glenda Jackson, OCFO, 301-415-6057)

OTHER NOTICES

“Issuance, Availability of Draft NUREG-1556, 

Vol. 9; Announcements of Public Workshops,” 

67 FR 16467, April 5, 2002. 

(Contact: Roger W. Broseus, NMSS, 301-415-7608, 

e-mail: rwb@nrc.gov)

“NUREG-1804, Rev. 2 (Correction),” 67 FR 16490, 

April 5, 2002.

“Report to Congress on Abnormal Occurrences, 

Fiscal Year 2001 Dissemination of Information,” 

67 FR 20186, April 24, 2002. 

“NRC Enforcement Policy; Modification, Medical 

Use,” 67 FR 20187, April 24, 2002.

(Contacts: Frank Congel, OE, 301-415-2741, 

e-mail: fjc@nrc.gov; John Lubinski, OE, 

301-415-2740, e-mail: jwl@nrc.gov)

“NUREG-1520, Standard Review Plan for the 

Review of a License Application for a Fuel Cycle 

Facility; Notice of Availability,” 67 FR 21001, 

April 29, 2002.

(Contact: Yawar Faraz, NMSS, 301-415-8113, 

e-mail: yhf@nrc.gov)

“Hazardous Materials Regulations; Compatibility 

with the Regulations of the International Atomic 

Energy (DOT),” 67 FR 21328, April 30, 2002.

(Contacts: Dr. Fred D. Ferate II, Office of 
12

Hazardous Materials Technology, USDOT, 

202-366-4545; Charles E. Betts, Office of 

Hazardous Materials Standards, 202-366-8553; 

RSPA, USDOT, 400 Seventh Street SW., 

Washington, DC 20590-0001.)

“Issuance, Availability of Revision 1 of Regulatory 

Guide 8.30, ‘Health Physics Surveys in Uranium 

Recovery Facilities’ and Revision 1 of Regulatory 

Guide 8.31, ‘Information Relevant to Ensuring 

That Occupational Radiation Exposures at 

Uranium Recovery Facilities Will Be As Low As Is 

Reasonably Achievable,’ ” 67 FR 34735, May 15, 

2002.

“Enhancing Public Participation in NRC Meetings; 

Policy Statement,” 67 FR 36920, May 28, 2002.

(Contacts: Mindy Landau, OEDO, 301-415-8703; 

Ramin Assa, OEDO, 301-415-8709)

“Environmental Review Guidance for Licensing 

Actions Associated with NMSS Programs (NUREG1748); Notice of Extended Comment Period,” 67 FR 

37461, May 29, 2002.

(Contacts: Matthew Blevins, NMSS, 301-415-7684, 

e-mail: mxb6@nrc.gov; Melanie Wong, NMSS, 

301-415-6262, e-mail: mcw@nrc.gov)

“Rulemaking Communications Improvements,” 

67 FR 37733, May 30, 2002.

(Contacts: William Huffman, NRR, 301-415-1141, 

e-mail: wch@nrc.gov; Merri Horn, NMSS, 

301-415-8126, e-mail: mlh1@nrc.gov) 

“Draft Regulatory Guide; Issuance, Availability 

of Proposed Revision 1 of Regulatory Guide 3.69, 

‘Topical Guidelines for the Licensing Support 

Network,’ ” 67 FR 44478, July 2, 2002.

(Contact: Jeffrey Ciocco, NMSS, 301-415-6391, 

e-mail: jac3@nrc.gov)

“National Mining Association; Denial of Petition for 

Rulemaking,” 67 FR 44573, July 3, 2002.

(Contact: Robert Carlson, OCFO, 301-415-8165)

“Draft Regulatory Guide DG-4006, ‘Demonstrating 

Compliance with the Radiological Criteria for 

License Termination,’ ” 67 FR 46541, July 15, 2002.

“Issuance of Draft Regulatory Guide DG-3021, 

‘Site Evaluations and Determination of Design 

Earthquake Ground Motion for Seismic Design of 

Independent Spent Fuel Storage Installations and 

Monitored Retrievable Storage Installations,’ ” 

67 FR 48956, July 26, 2002.

(Contact: M. Shah, NMSS, 301-415-8537, e-mail: 

mjs3@nrc.gov)

(General Contact: Paul Goldberg, NMSS, 

301-415-7842, e-mail: pfg@nrc.gov)

Comments, and suggestions you may have for 

information not currently included, that might be 

helpful to licensees, should be sent to:

E. Kraus

NMSS Licensee Newsletter Editor

Two White Flint North, Mail Stop T-8A23

U.S. Nuclear Regulatory Commission

Washington, D.C. 20555-0001