U.S. Nuclear Office of Nuclear NUREG/BR-0117

Regulatory Material Safety No. 04-02

Commission and Safeguards April-June 2004

NMSS Quarterly Newsletter

Contents Page

1. Eliminating the Site Decommissioning

Plan and Establishing Management of

Decommissioning Under a Comprehensive

Decommissioning Program ............................... 1

2. Application to Operate an Independent

Spent Fuel Storage Installation .......................... 2

3. Proposed Gas Centrifuge Uranium

Enrichment Facilities......................................... 2

4. Spent Fuel Storage ............................................ 2

5. Orphan Sources................................................. 3

6. Proposed Licensing Requirements for the

Import and Export of Radioactive Sources......... 4

7. NMSS Reorganization....................................... 4

8. Senior Management Reassignments .................. 5

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

10. Significant Events ............................................. 7

11. Federal Register Notices.................................... 8

12. Generic Communications

Issued Jan-May 2004 ......................................... 9

ELIMINATING THE SITE

DECOMMISSIONING PLAN AND

ESTABLISHING MANAGEMENT OF

DECOMMISSIONING UNDER A

COMPREHENSIVE DECOMMISSIONING

PROGRAM

The U.S. Nuclear Regulatory Commission (NRC)

has decided to eliminate the Site Decommissioning

Management Plan (SDMP) designation for sites and

manage the SDMP sites as “complex sites,” under a

comprehensive decommissioning program. Viewed

in the context of this comprehensive

decommissioning program, which includes routine

decommissioning sites, formerly licensed sites,

SDMP sites, non-routine/complex sites, fuel cycle

sites, and test/research and power reactors, the

continued use of the SDMP does not provide the

same benefits that it did when it was first developed.

The cleanup of these sites is managed more

effectively as part of this larger program, which

facilitates the cleanup of routine and complex sites

in a manner that is consistent with the goals of the

SDMP Action Plan.

The staff developed the SDMP in response to the

Commission’s direction to develop a comprehensive

strategy for NRC to deal with a number of

contaminated sites, so that closure on cleanup issues

could be attained in a timely manner. In 1992, the

staff developed the SDMP Action Plan to: 1)

identify criteria that would be used to guide the

cleanup of sites; 2) state NRC’s position on finality;

3) describe NRC’s expectation that cleanup would

be completed within 3-4 years; 4) identify guidance

on site characterization; and 5) describe the process

for timely cleanup on a site-specific basis.

Since development of the SDMP Action Plan, the

staff has addressed the issues identified in the

Action Plan. For example, the criteria for site

cleanup and NRC’s position on finality were

codified in 10 CFR Part 20, Subpart E, “License

Termination Rule”. NRC’s expectations regarding

the completion of site decommissioning have been

codified in 10 CFR 30.36, 40.42, 70.38, and 72.54.

Issues associated with site characterization have

been addressed in the Multi-Agency Radiation

Survey and Site Investigation Manual (NUREG1575, Rev. 1, August 2000) and in Volume 2:

“Characterization, Survey, and Determination of

Radiological Criteria,” of the Consolidated NMSS

Decommissioning Guidance (NUREG-1757, Vol. 2,

September 2003). The process for timely cleanup

on a site-specific basis is addressed in NUREG-1757,

Consolidated NMSS Decommissioning Guidance.

Since the original intent of the SDMP and the

SDMP Action Plan (i.e., to achieve closure on

cleanup issues so that cleanup could proceed in a
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timely manner) has been achieved, the Commission

has directed the staff to eliminate the SDMP

designation and manage the SDMP sites as complex

sites, under a comprehensive decommissioning

program. Since the SDMP sites will be managed as

aforementioned, the level of safety currently in

place at SDMP sites will not be diminished. In

addition, as sites are identified and managed as

complex sites, and as more sites are evaluated

pursuant to the comprehensive decommissioning

program, common problematic technical issues

should be identified more easily, and resolutions to

these issues should be implemented in a more

consistent manner.

(Contact: Daniel Gillen, 301-415-7295;

e-mail: dmg2@nrc.gov)

APPLICATION TO OPERATE AN

INDEPENDENT SPENT FUEL STORAGE

INSTALLATION

Adjudication continues on the application by Private

Fuel Storage, L.L.C. (PFS) for a license to construct

and operate an independent spent fuel storage

installation on the Reservation of the Skull Valley

Band of Goshute Indians in Skull Valley, Utah. The

proposed facility would be owned by a consortium

of nuclear utilities and store up to 40,000 metric

tons of spent nuclear fuel. The State of Utah and

other groups have opposed the proposed facility.

Currently, the issue concerning the consequences of

an accidental F-16 aircraft crash at the proposed

facility remains to be litigated with the Atomic

Safety and Licensing Board (ASLB).

NRC staff has completed its review of the crash

consequence analyses provided by PFS, and

submitted its evaluation to the ASLB in May 2004.

In addition, depositions of expert witnesses were

held in May and June 2004, and subsequent

hearings will be held in August and possibly

September 2004, at NRC Headquarters, but closed

to the general public because of the sensitive nature

of the analyses. The ASLB stated that it appears

likely that it will issue the decision on crash

consequences no later than January 2005.

Finally, the Commission also has under

consideration certain matters raised on appeal from

prior ASLB decisions on various contentions.

These involve PFS’ petition for review of a January

2004 ASLB ruling on a financial assurance

contention and the State of Utah’s petition for

review of the ASLB’s decisions on three

environmental contentions. The staff will proceed

with any appropriate licensing actions after all the

ASLB decisions and appeal issues are resolved.

(Contact: Michael D. Waters, 301-415-3875;

e-mail: mdw@nrc.gov)

PROPOSED GAS CENTRIFUGE

URANIUM ENRICHMENT FACILITIES

The U.S. Nuclear Regulatory Commission (NRC)

is reviewing the application Louisiana Energy

Services Corporation (LES) submitted for a

commercial gas centrifuge facility at Eunice, New

Mexico, and is expecting an application for a second

commercial gas centrifuge facility at Piketon, Ohio

from United States Enrichment Corporation

(USEC), in 2004.

NRC recently approved USEC’s application for

the Lead Cascade facility (a non-commercial

demonstration and test gas centrifuge facility from

which no enriched product will be removed, except

for sampling).

Under the Atomic Energy Act, as amended, NRC

must license a uranium enrichment plant under 10

CFR Part 40 (source material) and 10 CFR Part 70

(special nuclear material). Before an applicant can

begin construction of a plant, NRC must issue a

license for construction and operation. To issue a

license, NRC must prepare an environmental impact

statement for the project, as well as conduct a

formal hearing before issuing a license.

(Contact: Timothy Johnson, 301-415-7299;

e-mail: tcj@nrc.gov)

(Contact: Yawar Farez, 301-415-8113;

e-mail: yhf@nrc.gov)

SPENT FUEL STORAGE

The U.S. Energy Information Administration’s last

survey found that approximately 37,650 metric tons

of spent nuclear fuel are stored at commercial

nuclear power reactors. Projected spent fuel

discharges could increase this amount to about

52,000 metric tons by the year 2005.

All the operating nuclear power reactors are storing

spent fuel in U.S. Nuclear Regulatory Commission

(NRC) licensed on-site spent fuel pools (SFPs).

Most reactors were not designed to store the full

amount of spent fuel generated during their
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operational life. Utilities originally planned for

spent fuel to remain in the SFP for only a few years

after discharge and then be sent to a reprocessing

facility. However, the U.S. Government declared a

moratorium on reprocessing, in 1977. Although the

ban was later lifted, reprocessing was eliminated as

a feasible option. Consequently, utilities expanded

the storage capacity of their SFPs by using highdensity storage racks. This has been only a shortterm solution and many utilities have reached, or

will soon reach, their SFP storage capacity.

NRC authorizes storage of spent fuel at an

independent spent fuel storage installation (ISFSI)

under two licensing options: site-specific licensing

and general licensing. Currently, there are 30

operating ISFSIs in the United States. Under a sitespecific license, an applicant submits a license

application to NRC and NRC performs a technical

review of the safety aspects of the proposed ISFSI.

If the application is approved, NRC issues a sitespecific license. A spent fuel storage license

contains technical requirements and operating

conditions for the ISFSI and specifies what the

licensee is authorized to store at the site. The

license expires 20 years from the date of issuance,

with a renewal option.

A general license authorizes the nuclear power

reactor licensee to store spent fuel in dry storage

systems, approved by NRC at a site licensed to

operate a nuclear power reactor. Thirteen dry

storage designs have received Certificates of

Compliance (CoC) or NRC approvals. A Certificate

of Compliance expires 20 years from the date of

issuance, with a re-approval option. General

licensees are required to perform evaluations of

their sites to demonstrate that the sites are adequate

for storing spent fuel in dry casks. These

evaluations must show that the CoC conditions and

technical specifications can be met before use of the

dry storage system.

With respect to public involvement, stakeholders

can and do participate in the NRC licensing process.

The Atomic Energy Act of 1954, as amended, and

NRC regulations contain provisions for public

hearings and other means, such as petitions and

rulemaking requests, for the public to challenge

NRC decisions and licensing actions.

Refer to NUREG-1571, “Information Handbook on

Independent Spent Fuel Storage Installations”

(December 1996) for a general overview.

Refer to Appendix I for a list of NRC-approved Dry

Spent Fuel Storage Licensees.

NRC is responsible for approving transportable dry

storage systems, also called dual-purpose casks.

Additional information on storage of spent fuel at an

ISFSI is available on the NRC’s Web Site at http://

www.nrc.gov/materials/transportation.html.

(Contact: John D. Monninger, 301-415-8540;

e-mail: jdm@nrc.gov)

PROGRAMS FOR RECOVERY OF

ORPHAN AND UNWANTED SOURCES

Although orphan and unwanted sources have been

of increasing concern to U.S. regulators recently,

there is an existing network of programs that has

been in place since the early 1990’s. The three

primary components of this network are: (1) the

Memorandum of Understanding (MOU) between

the Nuclear Regulatory Commission (NRC) and

Department of Energy (DOE) Concerning the

Management of Sealed Sources (NRC/DOE MOU),

(2) DOE’s Off-site Source Recovery Program

(OSRP), and (3) the Conference of Radiation

Control Program Directors (CRCPD) National

Orphan Radioactive Material Disposition Program.

Emergency requests are handled as emergency

source recoveries under the NRC/DOE MOU. The

NRC/DOE MOU allows NRC and the Agreement

States to request DOE assistance in recovering

orphan sources or sources in imminent danger of

becoming abandoned. Unwanted sources are

handled under DOE’s OSRP. The same group that

does the work for the emergency recoveries, under

the MOU, does the planned recoveries under the

OSRP. The OSRP is DOE’s routine program that

addresses the lack of disposal options for GreaterThan-Class-C (GTCC) waste, and allows licensees

and individuals to register sources for recovery.

CRCPD provides information to assist States and

NRC in source dispositioning (lists of waste

brokers, individuals who want sources, and those

that want to get rid of them). The three programs

form the network we currently use to handle

unwanted or orphan sources.

MOU

The guidance documents that are used to prepare

and consider a request for emergency source

recovery under the NRC/DOE MOU are Inspection

Manual Chapter 1303 and Policy & Guidance

Directive (P&GD) 9-12 (see links below). It is the

responsibility of the Region or the Agreement State

to provide all the supporting information to NRC

Headquarters (HQ). NRC HQ Nuclear Materials

Safety and Safeguards (NMSS) helps the Region or
4

Agreement State assess whether the situation

qualifies for recovery and also helps in developing

the materials. NRC HQ NMSS makes the formal

request to DOE.

The link to Manual Chapter 1303 is:

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

insp-manual/manual-chapter/mc1303.pdf

P&GD 9-12 can be found in ADAMS

(ML031750731).

The NRC/DOE MOU is published in the Federal

Register, Volume 65, Number 5, Pages 1184-1188.

The links are:

http://frwebgate.access.gpo.gov/cgi-bin/

getdoc.cgi?dbname=2000_register&docid=00-344-

filed.pdf

http://frwebgate.access.gpo.gov/cgi-bin/

getdoc.cgi?dbname=2000_register&docid=00-344-filed

Additional information regarding requests under the

MOU can be found in State and Tribal Programs All

Agreement States Letter (STP-04-033) (ML

041270563). The link is: http://www.hsrd.ornl.gov/

nrcindex/nrcindexsearch/

nrcdocumentindex_vsearchForm.cfm

OSRP

The link to the OSRP website is:

http://www.doeal.gov/osrp/.

CRCPD

The link to the CRCPD Orphan Source Program is:

http://www.crcpd.org/orphans.asp

The links to two CRCPD documents describing its

program are:

http://www.crcpd.org/SpecialServices&Projects/

Orphan_Rad_Mat_Pgm/Announcement.pdf

http://www.crcpd.org/Transportation/

Unwanted_Rad_Mat_Trifold_RevApril2002.pdf

(Contact: Michele Burgess, 301-415-5868;

e-mail: mlb5@nrc.gov)

PROPOSED LICENSING

REQUIREMENTS FOR THE IMPORT

AND EXPORT OF RADIOACTIVE

SOURCES

On July 29, 2004, the Commission approved

proposed changes to the agency’s export and import

regulations to require specific licenses for the export

or import of high-risk radioactive materials. The

materials covered by the proposed changes are listed

in a new Appendix P to 10 CFR Part 110 and

include those covered by the International Atomic

Energy Agency’s Code of Conduct on the Safety

and Security of Radioactive Sources (http://

www.iaea.org/Publications/Standards/index.html).

Typical uses of radioactive materials covered by the

rule include sources for irradiators, radiography

cameras, and teletherapy equipment for treating

cancer patients.

In addition to requiring that exporters and importers

have a specific license for the export or import, the

proposed regulation also requires advance notification to the NRC and the destination country of

shipments of high-risk radioactive materials. For

Category 1 quantities of high-risk radioactive

materials, the destination country must also give its

consent prior to the export being approved by the NRC.

The proposed rule (SECY-04-0110) can be found on

the NRC’s web page at the following link:

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

commission/secys/2004/secy2004-0110/2004-

0110scy.pdf or http://www.nrc.gov/reading-rm/doccollections/commission/secys/2004/secy2004-0110/

2004-0110scy.html

The implementation date proposed for the final rule

is January 1, 2005. The staff is in the process of

sending the proposed rule for publication in the

Federal Register. The Federal Register notice will

request public comments on the proposed rule and

will include a 75 day public comment period.

(Contact, Marvin Peterson, 301-415-1771;

e-mail: mrp@nrc.gov)

(Contact, Edward Baker, 301-415-2344;

e-mail: etb@nrc.gov)

NMSS REORGANIZATION

This is to announce a reorganization, within the

Office of Nuclear Material Safety and Safeguards

(NMSS), U.S. Nuclear Regulatory Commission

(NRC), that reconfigures the Division of Waste

Management into two distinct NMSS divisions: the

Division of Waste Management and Environmental

Protection (DWMEP) and the Division of HighLevel Waste Repository Safety (DHLWRS). The

reorganization was effective March 22, 2004. These

changes are being implemented with the goal of

improving our organizational effectiveness and

focusing our program areas in high-level waste,

decommissioning, environmental protection, and

low-level waste.
5

The DWMEP will continue its strong efforts to plan,

manage, and implement programs related to the

decommissioning of sites, management of low-level

waste activities, and performing environmental

reviews. The division will have two directorates:

the Decommissioning Directorate and the

Environmental and Performance Assessment

Directorate.

The DHLWRS will provide focus and management

attention on major high-level waste programs and

issues, and develop a comprehensive licensing

program for the national high-level waste

repository. The division will have two directorates:

the Project Management and Engineering

Directorate and the Site and Performance

Assessment Directorate.

SENIOR MANAGEMENT

REASSIGNMENTS

The following management changes, and a

description of the Agencies’ mission, was

announced by the U.S. Nuclear Regulatory

Commissions’ (NRC) Chairman, Niles J. Diaz, on

31 March, 2004. An excerpt of the announcement is

provided below.

NRC is no longer a safety agency, but a safety,

security, and preparedness agency. To address these

challenges and opportunities, and to move

succession planning into one of our priority areas, a

series of senior management assignments are going

to be effected. These changes are being done with

the approval of, or in consultation with, the

Commission. By the reassignment of senior

managers listed below, the Commission is seeking

fresh perspectives on key issues and crossfertilization of management ideas. We are confident

that these individuals’ wealth of talent and

experience will continue to protect the public’s

health and safety as we move forward and best

position the Agency for future change.

The new assignments are:

Bill Travers became Region II Administrator and

Luis Reyes took his place as Executive Director for

Operations.

Sam Collins became Region I Administrator upon

the retirement of Hub Miller in June, and Ellis

Merschoff will take his place as Director of the

Office of Nuclear Reactor Regulation.

Jacqueline Silber is the Chief Information Officer, after

receiving Office of Management and Budget approval.

Carl Paperiello became Director of the Office of

Research and Ashok Thadani became Director for

International Research and Development Projects.

Marty Virgilio became Deputy Executive Director

of Operations for Materials, Research and State

Programs, and Jack Strosnider took his place as

Director of the Office of Nuclear Material and

Safeguards. John Craig is the Deputy Director of

Research.

SIGNIFICANT ENFORCEMENT

ACTIONS

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

Enforcement Program can be accessed via the NRC

homepage [http://www.nrc.gov/] under “What We

Do.” Documents related to cases can be accessed at

[http://www.nrc.gov/], “Electronic Reading Room,”

“Documents in ADAMS.” ADAMS is the Agencywide Document Access and Management System.

Help in using ADAMS is available from the NRC

Public Document Room, 301-415-4737 or

1-800-397-4209

DECOMMISSIONING

Enviro-Test Laboratories LLC (EA-04-007)

On February 13, 2004, a Notice of Violation was

issued for a Severity Level III problem involving the

failure to: (1) receive prior NRC approval of the

decommissioning plan before beginning with

decommissioning; (2) maintain security and control

of licensable quantities of radioactive material

(thorium-230); and (3) provide complete and

accurate information to NRC.

DISCRIMINATION

State of Alaska Department of Transportation

& Public Facilities (EA-03-126)

On March 15, 2004, a Notice of Violation was

issued for a Severity Level II violation based on the

licensee discriminating against one of its employees

for raising safety concerns regarding radiation

exposures to other employees. NRC also issued an

immediately effective Confirmatory Order to

confirm certain commitments, as set forth in the

Order, involving the licensee’s internal policies and

procedures pertaining to assuring compliance with

NRC employee protection requirements.
6

GAUGES

CTI Consultants, Inc. (EA-03-226)

On March 3, 2004, 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 failure to control and

maintain constant surveillance of licensed material

[407 MegaBecquerel (MBq) (11 millicuries (mCi)

of cesium-137 and 1480 MBq (40 mCi) of

americium-241 in a portable gauge] within a

controlled or restricted area, resulting in the loss of

the gauge during transport. 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.

Hastings Testing Engineers and Environmental

(EA-03-175)

On March 4, 2004, a Notice of Violation was issued

for a Severity Level III violation involving the

failures: (1) to secure from unauthorized removal

or limit access to licensed material [296

MegaBecquerel (MBq) of cesium-137 (8 millicuries

(mCi) and 1628 MBq ( 44 mCi) of americium-241

in each of three portable moisture/density gauges] in

a controlled area; and (2) to control and maintain

constant surveillance of this licensed material.

Additionally, the licensee failed to lock the gauges,

to prevent unauthorized or accidental removal of the

sealed source from its shielded position, when not

under the direct surveillance of an authorized user.

G. A. Covey Engineering (EA-04-002)

On March 11, 2004, 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 failures: (1) to secure from

unauthorized removal, or limit access, to licensed

material [370 MegaBecquerel (MBq)

(approximately 10 millicuries (mCi) of cesium-137

and 1850 MBq (50 mCi) of americium-241 in two

portable moisture density gauges] in a controlled

area; and (2) to control, and maintain constant

surveillance of, this licensed material.

State of Alaska Department of Transportation

& Public Facilities (EA-03-190)

On March 15, 2004, a Notice of Violation and

Proposed Imposition of Civil Penalties in the

amount of $21,000 was issued for: (1) a willful

Severity Level II problem ($15,000) involving

radiation exposures in excess of NRC’s annual

public exposure limit and failure to perform surveys

appropriate to demonstrate compliance with NRC

dose limits for individual members of the public;

and (2) a willful Severity Level III violation ($6000)

involving the failure to provide copies of two

exposure reports to six affected individuals.

Triad Engineering, Inc. (EA-04-014)

On April 20, 2004, 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 willful failure: (1) to control

and maintain constant surveillance of licensed

material [1850 MegaBecquerel (approximately 50

millicuries) of americium-241 contained in a

portable moisture density gauge] located in an

unrestricted area; and (2) to lock the portable gauge

or its container when not under the direct

surveillance of an authorized user.

Anglin Civil Constructors, Ltd. (EA-04-031)

On April 7, 2004, a Notice of Violation was issued

for a Severity Level III violation involving the

failures: (1) to secure from unauthorized removal, or

limit access to, 296 MegaBecquerel (MBq) licensed

material of cesium-137 (8 millicuries(mCi) and

1480 MBq (40 mCi) of americium-241 in a nuclear

gauge in a controlled area; and (2) to control and

maintain constant surveillance of this licensed

material. Specifically, the licensee’s staff left a

moisture/density gauge unsecured and unattended in

an unlocked office at a temporary job site.

MANUFACTURE AND DISTRIBUTION

21st Century Technologies, Inc. (EA-03-187)

On April 13, 2004, a Notice of Violation and

Proposed Imposition of Civil Penalty in the amount

of $6000 was issued for a Severity Level III

problem that resulted from the licensee’s failure to

ensure compliance with its NRC exempt distribution

license. Specifically, the licensee did not obtain the

required NRC authorization before distributing

tritium-bearing gun sights and other devices not

authorized by its license.

MEDICAL

Guthrie Healthcare System (EA-04-025)

On March 19, 2004, a Notice of Violation was

issued for a Severity Level III violation. This
7

involved the failure to follow the requirements of

the licensee’s written Quality Management Plan.

This required developing a second radiation

dosimetry plan, based on actual distribution of

prostate implant sources, relative to the prostate

gland, as seen by localization radiographs, for 26

out of 30 patients treated with prostate implants,

between January 2001 and January 2002.

Department of Veterans Affairs (EA-04-019)

On April 7, 2004, a Notice of Violation was issued

for a Severity level III violation involving the

failures: (1) to secure from unauthorized removal,

or limit access to, licensed material [5.55

GigaBecquerel (GBq) (approximately 150

millicuries(mCi) of molybdenum-99 in a

molybdenum-99/technetium-99m generator; 4.14

GBq (112 mCi) in four cesium-137 sealed sources;

and 4.33 GBq (117 mCi) in two strontium-90 sealed

sources] in a controlled area; and (2) to control and

maintain constant surveillance of this licensed

material.

Department of the Navy - National Naval

Medical Center (EA-04-075)

On April 23, 2004, a Notice of Violation was issued

for a Severity Level III violation involving the

failures: (1) to secure from unauthorized removal, or

limit access to, licensed material [999

MegaBecquerel (approximately 27 millicuries(mCi)

total activity included in iridium-192 seeds] in a

controlled area; and (2) to control and maintain

constant surveillance of this licensed material.

INDUSTRIAL RADIOGRAPHY

Precision Testing and Inspection (EA-03-220)

On February 25, 2004, a Notice of Violation and

Proposed Imposition of Civil Penalty in the amount

of $3000 was issued for a Severity Level III willful

problem involving the failures: (1) to post radiation

areas during radiography operations; and (2) to

provide accurate information to the NRC.

High Mountain Inspection Service, Inc.

(EA-03-229 and EA-04-062)

On April 27, 2004, a Notice of Violation and

Proposed Imposition of Civil Penalties in the

amount of $12,000 was issued for two Severity

Level III problems involving the failures: (1) to

maintain adequate security of a radiographic

exposure device (assessed $6000); and to give a

written exam before using a newly hired individual

as a radiographer’s assistant (assessed $6000).

INDIVIDUAL ACTIONS

John Peart (IA-03-047)

On February 25, 2004, a Notice of Violation was

issued for a Severity Level III violation based on an

individual’s deliberate misconduct that caused

Precision Testing and Inspection to be in violation

of 10 CFR 34.53. As Senior Radiation Safety

Officer, the individual deliberately failed to post the

industrial radiography work area with danger signs

in the work area.

Julio Venegas (IA-03-046)

On February 25, 2004, a Notice of Violation was

issued for a Severity Level III violation based on an

individual’s deliberate activities while employed at

Precision Testing and Inspection. As a Radiation

Safety Officer (RSO), the individual deliberately

provided inaccurate information to NRC, denying

that he was the RSO for Precision Testing and

Inspection.

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

e-mail slm2@nrc.gov)

SIGNIFICANT EVENTS

Event 1: Overexposure to Radiation Workers at

Cooperheat-MQS

Date and Place: January 9, 2004,

Monroe, Louisiana

Nature and Probable Causes: The licensee reported

that an assistant radiographer received an exposure

of 9.347 centiSievert (cSv)(rem) because of failure

to properly survey the exposure device. The other

radiographer received a dose of 4.974 cSv (rem).

Both employees are not allowed to perform

radiographic operations until after December 31,

2004. Both were suspended without pay. The

radiographers were using an Amersham exposure

device (Model 660-B, serial #B4293) and a 1.38

TeraBecquerel (37.3 curies) Ir-192 source (Model

424-9, serial #12680B) with an activity of 1376.4

GigaBecquerel (37.2 curies).

Actions Taken to Prevent Recurrence

Licensee: Both radiographers are required to

perform 40 hours of radiation safety training before
8

resuming radiographic operations.

Event 2: Medical Event at the Department of

Veterans Administration

Date and Place: January 29, 2004,

Boston, Massachusetts

Nature and Probable Causes: The licensee reported

that a patient was administered 19.8 MegaBecquerel

(MBq)(535 microcurie(μCi) of Iodine-131(I-131),

instead of the prescribed 0.19 MBq (5 μCi). The

verbal order from the authorized user for a 0.19

MBq (5 μCi) dose was misunderstood and an 18.5

MBq (500 μCi) dose was ordered. After the event

was discovered, the patient was given a thyroid

blocking solution. Based on the patient’s resultant

thyroid uptake, the licensee computed a dose to the

thyroid of approximately 86 centiSievert (rem). The

root causes of this event included: (1) inadequate

procedures (the licensee’s procedures did not

include the use of I-131 for this procedure because

I-123 is normally used); (2) the failure of the nuclear

medicine technologist to follow procedures for

studies requiring a written directive; and (3) the

failure to communicate the dose order clearly.

Actions Taken to Prevent Recurrence

Licensee: Corrective actions include procedure

modification and a review of the education and

competency training for nuclear medicine

technologists.

(Contact: Angela Williamson, IMNS,

301-415-5131; e-mail: arw@nrc.gov)

SELECTED FEDERAL REGISTER NOTICES

(March 1, 2004 - April 30, 2004)

NOTE: U.S. Nuclear Regulatory Commission

(NRC) contacts may be reached by mail at the U.S.

Nuclear Regulatory Commission, Washington, D.C.

20555-0001.

FINAL RULES

“List of Approved Spent Fuel Storage Casks: NACUMS Revision, Confirmation of Effective Date,” 69

FR 16769, March 31, 2004.

(Contact: Jayne M. McCausland, NMSS, 301-415-

6219; e-mail: jmm2@nrc.gov)

“10 CFR Parts 170 and 171, Revision of Fee

Schedules; Fee Recovery for Fiscal Year 2004,”

69 FR 22664, April 26, 2004.

(Contact: Tammy Croote, OCFO, 301-415-6041,

e-mail: tdc@nrc.gov)

PROPOSED RULES

“Public Records,” 69 FR 22737, April 27, 2004.

(Contact: Carol Ann Reed, OCIO, 301-415-7169; email: FOIA@nrc.gov)

OTHER NOTICES

“Fourth Notice of a Proposed Amendment to the

Agreement with the State of Utah; Request for

Comment,” 69 FR 10269, March 4, 2004.

(Contact: Dennis M. Sollenberger, OSTP, 301-415-

2819; e-mail: dms4@nrc.gov)

Draft Regulatory Guide DG-7004, “Establishing

Quality Assurance Programs for Packaging Used in

Transport of Radioactive Material,” 69 FR 10489,

March 5, 2004.

(Contact J. Pearson, 301-415-1985; e-mai:

jip@nrc.gov)

“Regulations for the Safe Transport of Radioactive

Material; Public Meeting,” 69 FR 12088, March 15,

2004.

(Contact; David Pstrak, NMSS, 301-415-8486; emai: dwp@nrc.gov)

Regulatory Guide 1.200, “An Approach for

Determining the Technical Adequacy of

Probabilistic Risk Assessment Results for RiskInformed Activities,” 69 FR 16627, March 30,

2004.

(Contact: A. Singh, 301-415-0250; e-mail:

axs@nrc.gov)

“Proposed Interim Enforcement Policy for Pilot

Program on the Use of Alternative Dispute

Resolution in the Enforcement Program; Request for

Comments,” 69 FR 21166, April 20, 2004.

(Contact Nick Hilton, OE, 301-415-2741; e-mail:

ndh@nrc.gov)

10 CFR Part 71, “Regulations for the Safe Transport

of Radioactive Material; Solicitation of Proposed

Changes,” 69 FR 21978 April 23, 2004

(Contact: John Cook, NMSS, 301-415-8521; e-mail:

jrc1@nrc.gov)

(General Contact: Michael Williamson, NMSS,

301-415-6234; e-mail: mkw1@nrc.gov)
9

GENERIC COMMUNICATIONS ISSUED

(January 22, 2004 - May 3, 2004)

The following are summaries of U.S. Nuclear

Regulatory Commission (NRC) generic

communications issued to Nuclear Material Safety

and Safeguards (NMSS) licensees. 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: http://

www.nrc.gov/reading-rm/doc-collections/gencomm/index.html . Please note that this address is

case-sensitive and must be entered exactly as

shown. If you have any questions or comments

about generic communications in general, please

contact Ivelisse M. Cabrera, NMSS, 301-415-8152;

e-mail: imc1@nrc.gov.

Information Notices (INs)

Web Site Revisions for Medical Use Licensees

NRC has revised the Medical Use Licensee Toolkit

web site to add Information Notices (INs) and

Regulatory Information Summaries (RIS) of interest

to medical use licensees. NRC also added links to

both the Medical Policy Statement and the NMSS

Licensee Toolkit and removed licensing guidance

for both the Cordis Checkmate intravascular

brachytherapy (IVB) device and the Nucletron

Comments , and suggestions you may have for

information not currently included, that might

be helpful to licensees, should be sent to:

E. Kraus, Editor

NMSS Licensee Newsletter

Office of Nuclear Material Safety and Safeguards

Two White Flint North, Mail Stop 8-A-23

U.S. Nuclear Regulatory Commission

Washington, D. C. 20555-0001

seedSelectron permanent implant remote afterloader

device. The IN and RIS pages, and the links to the

Medical Policy Statement and the NMSS Licensee

Toolkit were added as a convenience to medical use

stakeholders. The Cordis IVB licensing guidance

was removed because Cordis is no longer producing

the device and has assured NRC there are no

licensees with these devices. The seedSelectron

licensing guidance was removed temporarily to put

it into more user-friendly format and make other

revisions.

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

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

(General Contact: Ivelisse M. Cabrera, NMSS,

301-415-8152; e-mail: imc1@nrc.gov)
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