LICENSEE NEWSLETTER

NUREG/BR-0117, No. 07-03 Fall 2007

Oce of Federal & State Materials &

Environmental Management Programs

From the Desk of the 

FSME Director

In the last Newsletter, my first column 

highlighted the premium that we in the 

Office of Federal and State Materials and 

Environmental Management (FSME) place 

on engaging our stakeholders. FSME 

encourages substantive participation in 

the regulatory process for nuclear materials 

and waste program activities. Since that 

Newsletter was published, there have been 

several recent examples of that participation. 

The following highlights some of them.

In July, FSME staff made presentations at the 12th Annual Inter-Tribal 

Environmental Council meeting in Tulsa, Oklahoma. FSME’s presentation 

highlighted the U.S. Nuclear Regulatory Commission (NRC) outreach and 

tribal liaison activities, and NRC staff from the Office of Nuclear Material 

Safety and Safeguards presented on NRC’s transportation packaging 

regulatory authority and responsibilities.

In August, the Organization of Agreement States (OAS) and the Conference of Radiation Control Program Directors 

(CRCPD) made presentations to the Commission and answered questions on a number of topics including: the 

relationship between NRC, States, and the Department of Homeland Security; Fingerprinting Orders; the use of 

rulemakings vis-a-vis Orders; the General License Program; Rulemaking Petitions; Training; and the State Perspective 

on the Closing of the Barnwell facility in 2008. The OAS presenters included: Cindy Cardwell of Texas, Barbara 

Hamrick of California, and Paul Schmidt of Wisconsin. Debbie Gilley from Florida, and John Winston of Pennsylvania 

represented CRCPD. Afterward, I heard from a number of sources, including the Commissioners, how effective 

and informative the session had been. It was certainly a great way for the States to inform the Commission of their 

positions and perspectives.

In September, Chairman Klein and Commissioner Lyons, and a significant number of NRC managers and staff, myself 

included, participated in the annual OAS meeting in Oklahoma City. I would like to thank Oklahoma for hosting this 

important event. In this meeting, we discussed a number of activities including: a medical regulatory issues panel; 

rulemaking petitions; the NRC Strategic Plan; knowledge management; NARM Transition and Implementation: 

Increased Controls; Fingerprinting; Low-Level Waste Strategic Assessment; and the National Source Tracking System. 

You will see separate discussions on several of these topics elsewhere in this Newsletter. 

Also in September, FSME staff and managers held meetings in Grants, New Mexico, where they met with the public to 

discuss reclamation alternatives for the Grants mill tailings reclamation project. In Gallup, New Mexico, staff conducted 

scoping meetings on the Generic Environmental Impact Statement for Uranium Recovery Licensing. The meeting 

in Gallup included a number of Navajo participants. NRC presentations were translated into the Navajo language. 

Previously, the staff participated in scoping meetings in Casper, Wyoming and Albuquerque, New Mexico.

These meetings demonstrate FSME’s commitment to seek local stakeholder views in convenient settings for interested 

parties. I encourage everyone to take advantage of our commitment to regulatory openness, and make your views 

heard. While I cannot ensure that our final regulatory decisions will always align with your suggestions, I can commit 

to you our pledge to provide ample access to our decision-making processes, and the methodologies and technical 

foundations upon which our decisions are based. 

Charles L. Miller

INSIDE THIS ISSUE

Commission Approves Plan to 

Improve Materials Security...............................2

Sealed Source Recovery Program ..................3

Recent Events in Uranium Enrichment.........3

Attestations for Authorized 

Individuals Seeking RSO Status.......................4

Dose Limit for Patient Release 

Under 10 CFR 35.75 .............................................5

NRC Releases Most of Yankee 

Nuclear Power Station Site for 

Unrestricted Public Use......................................5

Status Update for Implementation 

of NRC Regulatory Authority for NARM.........5

Generic Communications Issues.....................7

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

Significant Enforcement Action......................8

Federal Register Notices..................................10
Page 2 FSME Newsletter

COMMISSION APPROVES PLAN TO 

IMPROVE MATERIALS SECURITY

The Commission has approved an “Action Plan” 

to improve the security of byproduct materials. 

The Action Plan was developed in response to an 

investigation conducted by the U. S. Government 

Accountability Office (GAO) in early 2007, which 

identified vulnerabilities in the U.S. Nuclear Regulatory 

Commission (NRC) materials licensing process. 

In the investigation, GAO staff used the name 

of a bogus company to apply for and obtain a 

valid NRC license, authorizing the possession of 

portable gauges containing radioactive sources. 

The GAO staff then modified the license using 

computer software to make it appear that a 

much greater number of gauges was authorized 

than allowed by the original license. When the 

NRC was notified of the investigation by GAO 

in late May 2007, NRC suspended issuance of 

new materials licenses for about two weeks, and 

implemented interim procedures which required 

on-site inspections or in-office meetings for new 

materials license applicants. (Exceptions may be 

made for applicants who already possess an NRC 

or Agreement State license.) NRC also notified the 

Agreement States of GAO’s findings.

NRC has made numerous security improvements 

since 2001, but the improvements have focused 

on higher risk sources. The GAO investigation 

involved small, lower risk sources in portable 

gauges, which are subject to security requirements 

less stringent than higher risk sources.

When members of the U. S. Senate were notified of 

the GAO investigation, a Senate hearing was held on 

July 12, 2007, entitled “Dirty Bomb Vulnerabilities: 

Fake Companies, Fake Licenses, Real Consequences.” 

NRC and GAO testified at the hearing. The hearing 

highlighted concerns that a terrorist organization 

might be able to obtain a license and radioactive 

material under false pretenses. In conjunction 

with the hearing, GAO and the Senate staff made 

recommendations to improve the security of the 

NRC materials licensing process.

Following the Senate hearing, the Commission 

directed the NRC staff to develop an Action Plan to 

address needed changes to improve the security 

of the NRC materials licensing process, to provide 

appropriate strategies for aligning Agreement 

State licensing with recommended changes, and to 

arrange an independent review of vulnerabilities 

in NRC’s materials licensing process. The staff 

submitted the Action Plan to the Commission 

on August 25, 2007, and the Commission met to 

discuss it in an open meeting on September 4, 2007. 

The Action Plan includes the following elements:

• An external review, by an independent panel 

of experts, of vulnerabilities in NRC’s materials 

licensing process, and reevaluation of “goodfaith” presumptions in the licensing process.

• Development of revised pre-licensing 

procedures to assure that license applicants 

are legitimate organizations.

• Formation of a Materials Program Working 

Group, to include both NRC and Agreement 

State staff members, to address short-term 

and long-term security issues in the materials 

licensing process; including prevention of 

unauthorized transfers of radioactive material, 

prevention of counterfeiting of licenses, 

improving security of generally licensed 

devices, and coordination with Agreement 

States.

• Inclusion of Category 3 sources (as defined by 

the International Atomic Energy Agency), and 

possibly smaller sources, in the NRC National 

Source Tracking System (NSTS), already under 

development.

• Expansion of the NRC Web-Based Licensing 

System, already under development, to allow 

on-line verification of NRC and Agreement 

State licenses, and to contain an interface with 

the NSTS.

• Consideration in the current general license 

rulemaking of whether certain sources should 

be specifically licensed rather than generally 

licensed.

The Action Plan envisions both short-term and 

long-term actions, with some actions being taken 

within a few months, and others extending out 

two or more years. The Action Plan (SECY-07-0147, 

August 25, 2007) may be viewed on the NRC 

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

doc-collections/commission/secys/2007. 

The Commission approved the Action Plan on 

September 18, 2007. In approving the plan, 

the Commission identified the most pressing 

issues as trustworthiness of applicants for new 

licenses and authenticity of transactions involving 

licensees. The Commission emphasized the 

need for implementation of the Action Plan in a 

timely manner. Licensees will be kept informed of 

activities related to the plan.
Page 3 FSME Newsletter

(Contact: John Hickey, Office of Federal and 

State Materials and Environmental Management 

Programs, 301-415-1281; email: jwh1@nrc.gov) 

SEALED SOURCE RECOVERY PROGRAM

Earlier this year, the National Nuclear Security 

Administration’s (NNSA) Global Threat Reduction 

Initiative (GTRI) recovered its 15,000th excess 

radioactive sealed source. The sources are 

recovered and securely stored at Los Alamos 

National Laboratory (LANL) in New Mexico and at 

other contractor-operated facilities. 

The program recovers excess, unwanted, or 

abandoned radioactive sealed sources and other 

radioactive material. Permanent disposal for some 

of the sources began in 2005 and was expanded 

during 2006. The 15,000th source came from a 

company near Los Angeles, which used the source 

to manufacture quality-control gauges for the 

plastic and paper industry. LANL staff from GTRI’s 

Offsite Source Recovery Project (OSRP) inspected, 

packaged and shipped 306 obsolete and defective 

sources; small tungsten-shielded, teardrop-shaped 

items, each containing about 150 millicuries of 

americium-241. 

The NNSA program focuses on isotopes that 

exceed regulatory criteria for class C low-level 

waste, and other unwanted sources that pose a risk 

of theft for use by terrorists. Most of the sources 

recovered and stored at LANL contain americium241 or plutonium. Additionally, GTRI’s recovery 

program addresses other alpha-emitters like 

californium, curium, and radium. It also conducts 

recovery projects for large devices containing 

cesium-137, cobalt-60, or strontium-90 sources. 

NNSA has removed more than 170,000 curies of 

unwanted radioactive material from owners who 

had no other disposition path. The sealed sources 

were once used in applications ranging from 

nuclear-powered cardiac pacemakers to gauges 

used in paper manufacturing and petroleum 

exploration. 

“The source recovery project has achieved the 

goal of providing an end-of-life disposition 

pathway for the sealed source life cycle in the 

United States, including sources for which no 

disposal pathway previously existed,” said LANL’s 

Senior Project Leader Julia Whitworth. “The team’s 

efforts guarantee continued medical and other 

beneficial uses of sealed sources, and solve the 

disposition problem of unwanted sources for 

future generations.” 

Also this year, the NNSA entered a cooperative 

agreement with the Conference of Radiation 

Control Program Directors (CRCPD). The 

agreement provides $2,000,000 over five years 

to support the CRCPD’s Source Collection and 

Threat Reduction (SCATR) Project. The goal of 

this project is to address disposal needs for many 

smaller sources, which are not typically addressed 

by NNSA’s other efforts. The strategy is to fund 

projects in individual states to consolidate large 

numbers of relatively small sources for more costeffective commercial disposal as are currently 

underway in Florida and Oregon.

In 2006, NNSA also began recovering U.S.-origin 

sealed sources distributed overseas. The LANL 

team has so far repatriated radioactive sources 

from South Africa, Iraq, Ecuador, and Australia. 

Several other projects with foreign countries, 

coordinated with the State Department and 

the International Atomic Energy Agency, are 

under way. For more information and to register 

unwanted sources, see the LANL OSRP website at 

http://osrp.lanl.gov. 

(Contact: Joel Grimm, U.S. Department of Energy, 

202-586-9681; email: joel.grimm@nnsa.doe.gov)

RECENT EVENTS IN URANIUM 

ENRICHMENT

Progress continues for additional uranium 

enrichment capacity in the United States. As 

discussed below, two licenses have been issued 

for gas centrifuge uranium enrichment facilities, 

a third applicant has informed the NRC that 

it intends to submit an application for a gas 

centrifuge uranium enrichment facility, and a 

fourth applicant has informed the NRC that it plans 

to submit an application for a uranium enrichment 

facility which will use laser technology. These 

licensing actions continue a changeover from the 

current uranium enrichment technology used 

in the United States (gaseous-diffusion process) 

to the more efficient gas centrifuge and laser 

processes. 

On June 23, 2006, the Nuclear Regulatory 

Commission (NRC) issued a license to Louisiana 

Energy Services (LES) to construct and operate a 

gas centrifuge uranium enrichment plant in Lea 

County, New Mexico. The license is the first issued 

by the NRC for a full-scale gas centrifuge uranium 

enrichment plant. The LES National Enrichment 

Facility will be the first commercial use in the 

United States of gas centrifuge technology for 

enriching uranium. LES began construction in 
Page 4 FSME Newsletter

August 2006. Operations will commence in mid2009, reaching full capacity in 2013.

On April 13, 2007, the NRC issued a license to USEC 

Inc. to construct and operate a gas centrifuge 

enrichment plant in Piketon, Ohio, at the existing 

Portsmouth Gaseous Diffusion Plant (GDP) site. 

The new facility is called the American Centrifuge 

Plant (ACP). Facility construction began in May 

2007, and will continue for 5 years through 2012. 

The ACP will begin initial production in 2009, 

reaching peak production in 2012.

AREVA NC Inc. (AREVA) met with the NRC in a 

closed meeting on May 21, 2007, and shortly 

thereafter went public with its plans to construct 

and operate a gas centrifuge uranium enrichment 

facility in the United States. The schedule 

proposed by AREVA is to select a site by the end 

of 2007, submit an application by mid 2008, have 

a license issued by mid 2010, start construction in 

late 2010, and begin operating in 2013. 

In a letter dated June 29, 2007, General Electric 

Nuclear (GE) submitted an application to amend 

its Materials License SNM-1097 to authorize 

operation of a laboratory scale test loop and other 

experimental equipment for laser enrichment 

process research and development within 

the existing GE fuel manufacturing facility in 

Wilmington, North Carolina. GE intends to submit 

an application for a full-scale commercial uranium 

enrichment facility in early 2008.

For more information related to gas centrifuge 

uranium enrichment facility licensing, visit our 

website at http://www.nrc.gov/materials/fuelcycle-fac/gas-centrifuge.html. 

(Contact: Brian W. Smith, Office of Nuclear Material 

Safety and Safeguards, 301-492-3137; e mail: 

bws1@nrc.gov)

ATTESTATIONS FOR AUTHORIZED 

INDIVIDUALS SEEKING RSO STATUS

10 CFR 35.50 “Training for Radiation Safety Officer” 

provides several training and experience (T&E) 

pathways for individuals seeking authorization as 

the Radiation Safety Officer (RSO) for a medical 

use license. Paragraph (c)(2) establishes a pathway 

for authorized individuals (Authorized Medical 

Physicists, Authorized Nuclear Pharmacists, or 

Authorized Users) seeking RSO status, provided 

that the authorized individual is identified on the 

licensee’s license and has experience with the 

radiation safety aspects of similar types of use 

of byproduct material for which the individual is 

seeking to assume RSO responsibilities. Paragraph 

(d) of 10 CFR 35.50 presently requires a written 

attestation1, signed by a preceptor RSO, applicable 

to all pathways, including the (c)(2) pathway for 

authorized individuals. However, feedback to 

NRC from stakeholders (licensees, authorized 

individuals seeking RSO status) has indicated that 

obtaining the currently-required preceptor RSO 

attestations for already-authorized individuals 

has been problematic, for a variety of reasons, 

and has impeded the appointment of authorized 

individuals as RSOs. 

As a result of this feedback, the NRC examined 

the basis for this requirement and determined 

that needing a preceptor RSO attestation for 

authorized individuals seeking RSO status was 

an unintended consequence that occurred 

during the 2005 revision to the 10 CFR Part 35 

T&E requirements. Specifically, the proposed rule 

(published for comment in the Federal Register on 

December 9, 2003) did not require RSO preceptor 

attestations for authorized individuals seeking RSO 

status. However, a change unrelated to this issue 

was made to the regulatory framework of 10 CFR 

35.50 that inadvertently resulted in applying the 

requirement for the preceptor statement to these 

authorized individuals. The NRC does not believe 

that this requirement should be applicable to these 

authorized individuals, since their radiation safetyrelated training and experience has already been 

reviewed and accepted by NRC during the process 

through which they were granted authorized 

status. Additionally, these individuals’ radiation 

safety performance has been subject to review 

during NRC inspections of licensee activities. 

Accordingly, NRC intends to pursue rulemaking to 

eliminate the provision requiring RSO preceptor 

attestation for an authorized individual seeking 

RSO status for a medical use license. The standard 

procedures for rulemaking, including providing 

opportunity for public comment, will be followed. 

Until the rulemaking is concluded, a licensee 

experiencing difficulty in obtaining the preceptor 

attestation required in 10 CFR 35.50(d) for an 

authorized individual seeking RSO status can 

request an exemption from this requirement 

under 10 CFR 35.19, “Specific exemptions.” 

1 The attestation is a written statement that the applicant has completed training and experience requirements listed in paragraph (c)(2) and paragraph 

(e) (i.e., has training in the radiation safety, regulatory issues, and emergency procedures for the types of use for which a licensee seeks approval) of the 

regulation and has achieved a level of radiation safety knowledge sufficient to function independently as an RSO
Page 5 FSME Newsletter

(Contact: Ronald Zelac, Office of Federal and State 

Materials and Environmental Programs, 301-415-

7635; e-mail: rez@nrc.gov)

DOSE LIMIT FOR PATIENT RELEASE 

UNDER 10 CFR 35.75

The December 2006 issue of the (NMSS/FSME) 

Licensee Newsletter contains an article which 

states that NRC’s position for patients released 

under 10 CFR 35.75 is that the 5 millisievert (mSv) 

(0.5 rem) total effective dose equivalent (TEDE) 

limit on doses to other individuals from exposure 

to the released individual is an annual limit, 

and that the total dose resulting from multiple 

administrations to and multiple releases of an 

individual within a given year must be taken into 

consideration. While the regulatory history of the 

1997 addition to 10 CFR Part 35 that established 

the patient release criteria in 10 CFR 35.75 supports 

the intent of an annual limit interpretation on 

doses, the wording of the regulation, which has 

not been changed since 1997, did not explicitly 

incorporate that intent. 

The wording of 10 CFR 35.75, which does not 

indicate that the dose limit is an annual limit, 

was based on the presumption, appropriate at 

the time the regulation was being developed, 

that an individual who received a therapeutic 

radiopharmaceutical dosage or a therapeutic 

sealed source permanent implant and was 

released under the restrictions of 10 CFR 35.75 

was highly unlikely to receive another treatment 

and again be released under 10 CFR 35.75 within 

a year, i.e., to receive multiple administrations 

and to undergo multiple releases within a given 

year. The presumption that patients receive single 

administrations of therapeutic doses in a given 

year, which is the basis used in developing the 

wording for the dose limit in 10 CFR 35.75, is no 

longer valid. 

The position of the NRC, supported by the 

recommendations of both national and 

international organizations, remains that there 

should be an annual limit on the dose to other 

individuals from the release of an individual under 

the provisions of 10 CFR 35.75. NRC intends to 

pursue rulemaking to accomplish this intent. The 

normal procedures for rulemaking, including 

opportunity for public comment, will be followed. 

(Contact: Ronald Zelac, office of Federal and 

State Materials and Environmental Programs, 

301-415-7635; e-mail: rez@nrc.gov)

NRC RELEASES MOST OF YANKEE 

NUCLEAR POWER STATION SITE FOR 

UNRESTRICTED PUBLIC USE

On August 10, 2007, FSME released a majority of 

the Yankee Nuclear Power Station site near Rowe, 

Massachusetts, for unrestricted public use. This 

action completes the decommissioning of the 

former nuclear power station portion of the site.

The land, approximately 30 acres, is below NRC 

safety requirements that allow a maximum 

radiation dose of 25 millirem per year from 

residual contamination. Release of this land for 

unrestricted use poses no threat to public health 

and safety.

Yankee’s license still applies to the site’s dry cask 

storage facility, where the spent nuclear fuel 

from the plant’s 30 years of operation is safely 

stored, plus a small parcel of land surrounding this 

facility. The total land remaining under license 

is approximately five acres. The licensee, Yankee 

Atomic Electric Co., remains responsible for the 

security and protection of this land and the dry 

cask storage facility, and is required to maintain 

$100 million in nuclear liability insurance coverage 

for the facility.

Yankee Nuclear Power Station began commercial 

operations in 1961, and ceased production 

October 1, 1991. Yankee Atomic Electric Co. 

initiated decommissioning shortly thereafter. 

Dismantlement and decommissioning were 

completed in July 2007. NRC surveys verified that 

cleanup met the 25 millirem per year requirement.

(Contact: John Hickman, Office of Federal and 

State Materials and Environmental Programs, 

301-415-3017; e-mail: jbh@nrc.gov)

STATUS UPDATE FOR IMPLEMENTATION OF 

NRC REGULATORY AUTHORITY FOR NARM

The U. S. Nuclear Regulatory Commission (NRC) has 

published its final rule expanding the definition 

of byproduct material subject to its regulatory 

authority, implementing certain provisions of 

the Energy Policy Act (EPAct) of 2005. The final 

regulation establishing requirements for licensing 

and regulating Section 11e.(3) and 11e.(4) 

byproduct material, as required by Section 651(e) 

of the EPAct, was published on October 1, 2007 

(Volume 72, pages 55863-55937, of the Federal 

Register (72 FR 55863)). It adds certain naturally 

occurring and accelerator-produced radioactive 
Page 6 FSME Newsletter

material (NARM) to the definition of “byproduct 

material” in the NRC’s regulations. These final 

regulations will become effective on November 30, 

2007. The final regulations can be accessed on the 

NRC’s Public Involvement Rulemaking Web site, 

which is located at http://www.nrc.gov/about-nrc/

regulatory/rulemaking/public-involvement.html. 

As authorized by Section 651(e) of the EPAct, the 

Commission issued a waiver on August 31, 2005, 

to allow continued use and possession of NARM 

while the Commission developed a regulatory 

framework for regulation of the new byproduct 

material. The Commission plans to terminate the 

waiver in phases, beginning November 30, 2007, 

and ending on August 7, 2009. On November 

30, 2007 (the effective date of the final rule), the 

Commission will terminate the waiver for Federal 

Government agencies, Federally Recognized Indian 

Tribes, Delaware, the District of Columbia, Puerto 

Rico, the U.S. Virgin Islands, Indiana, Wyoming, and 

Montana. 

At this time, the NRC has not established the 

timing and schedule for waiver terminations for 

the remainder of the non-Agreement States and 

U.S. Territories. Notices in the Federal Register will 

be published approximately 6 months before 

the effective dates of the waiver terminations 

to notify users of their waiver terminations and 

implementation dates of the rule. 

Upon waiver termination, all persons who possess 

the new byproduct material in these States, U.S. 

Territories, or areas of exclusive Federal jurisdiction 

must be in compliance with the NRC regulations. 

However, the rule provides authorization for 

continued use of the new byproduct material prior 

to obtaining a license or license amendment, as 

long as applications are made within specified 

times. Such persons will either be required to: 

(1) apply for license amendments for the new 

byproduct material within 6 months from the 

date the waiver is terminated, if they hold an NRC 

specific license, or (2) submit a license application 

for the new byproduct material within 12 months 

from the date the waiver is terminated. 

In conjunction with the effective date of the final rule, 

the NRC intends to terminate the waiver for all 34 

Agreement States that provided a certification from 

their Governor to the NRC as described in the EPAct 

and the NRC’s Transition Plan mandated by the EPAct. 

Users of the new byproduct material in Agreement 

States should contact their respective Agreement 

State regulatory agency with any questions related to 

the regulation of these materials.

The EPAct requires the NRC to prepare and publish 

a transition plan that addresses both Agreement 

and non-Agreement States to facilitate an orderly 

transition of regulatory authority with respect to 

the newly added byproduct material. The draft 

transition plan is available for review via the NRC’s 

Agency-wide Documents Access and Management 

System (ADAMS) at http://www.nrc.gov/readingrm/adams.html; click on the Web-based access 

link. The document is available in ADAMS under 

Accession No. ML062990137. The NRC anticipates 

that publication of the final transition plan in the 

Federal Register, which will not be substantively 

changed from the draft transition plan, will occur 

before the effective date of the final regulations. 

Additional details about the implementation of 

the final rule on can be found in a recently issued 

Regulatory Issue Summary (RIS). RIS 2007-22 was 

issued on October 16, 2007, to inform recipients 

of the status of the NRC’s efforts to implement 

the requirements of Section 651(e) of the Energy 

Policy Act of 2005 (EPAct) on “Treatment of 

Accelerator-Produced and Other Radioactive 

Material as Byproduct Material.” This RIS updates 

the information contained in RIS 2007-05, “Status 

and Plans for Implementation of NRC Authority 

for Certain Naturally Occurring and AcceleratorProduced Radioactive Material,” dated March 20, 

2007. This RIS is available for review at http://www.

nrc.gov/reading-rm/doc-collections/gen-comm/

reg-issues/2007/.

NRC staff is finalizing revisions to the NUREG1556 guidance for Volume 9, “Program-Specific 

Guidance about Medical Use Licenses,” Volume 13, 

“Program-Specific Guidance about Commercial 

Radiopharmacy Licenses,” and the new Volume 

21 “Program-Specific Guidance about Possession 

Licenses for Production of Radioactive Materials 

Using an Accelerator.” The NRC provided 

stakeholders with an opportunity to comment on 

these NUREGs in the Spring/Summer of 2007. The 

NRC intends to finalize the licensing guidance in 

conjunction with the effective date of the final rule.

For more information on NARM-related activities, 

please go to the “NARM Toolbox” at the NRC’s 

Office of Federal and State Materials and 

Environmental Management Programs (FSME) Web 

site at http://nrc-stp.ornl.gov/narmtoolbox.html.

(Contacts: Kim Lukes or Duane White, Office of 

Federal and State Materials and Environmental 

Management Programs, 301-415-6701 or 

301-415-6272; e-mail: kxk2@nrc.gov or 

dew2@nrc.gov.)
Page 7 FSME Newsletter

GENERIC COMMUNICATIONS ISSUED

(July 1, 2007 - September 30, 2007)

The following are 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 http://www.

nrc.gov/reading-rm/doc-collections/gen-comm/

index.html. Please note that this address is casesensitive and must be entered exactly as shown. 

Bulletins (BLs)

None.

Generic Letters (Gls)

None.

Information Notices (INs)

IN 2007-25, “Suggestions from the Advisory 

Committee on the Medical Use of Isotopes 

For Consideration to Improve Compliance 

With Sodium Iodide I-131 Written Directive 

Requirements in 10 CFR 35.40 and Supervision 

Requirements in 10 CFR 35.27” was issued July 

19, 2007. This IN was issued to all medical-use 

licensees and NRC Master Materials Licensees. 

All Agreement State Radiation Control Program 

Directors and State Liaison Officers. 

 (Technical contact: Donna-Beth Howe, PhD (301) 

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

IN 2007-23, “Inadvertent Discharge of Halon 

1301 Fire-suppression System from Incorrect 

and/or Out-of-Date Procedures,” was issued 

August 8, 2007. This IN was issued to all holders 

of operating licenses for nuclear power reactors, 

except those who have permanently ended 

operations and have certified that fuel has been 

permanently removed from the reactor vessel. All 

holders of licenses for fuel cycle facilities. 

(Technical contacts: Rex Wescott, NMSS, 

(301)492-3107; e-mail rgw@nrc.gov; and 

Naeem Iqbal, NRR, 301-415-3346; nxi@nrc.gov)

IN 2007-26, “Combustibility of Epoxy Floor 

Coatings at Commercial Nuclear Power Plants,”

was issued August 13, 2007. This IN was issued to 

all holders of operating licenses for nuclear power 

reactors and fuel cycle facilities except licensees for 

reactors that have permanently ceased operations 

and who have certified that fuel has been 

permanently removed from the reactor vessel. 

(Technical contacts: Naeem Iqbal, NRR, 

(301) 415-3346; e-mail nxi@nrc.gov; and 

Darrell L. Schrum, Region III, (630) 829-9741; 

e-mail dls3@nrc.gov).

Regulatory Issue Summaries (RIS)

RIS 2007-13, “Verification of the Authenticity 

of Materials Possession Licenses,” was issued 

August 31, 2007. This RIS was issued to all U.S. 

Nuclear Regulatory Commission materials 

licensees, and all Agreement State Radiation 

Control Program Directors and State Liaison 

Officers. 

(Technical contacts: Christian Einberg, FSME, 

(301) 415-5422; e-mail cee1@nrc.gov; Tomas 

Herrera, FSME, (301) 415- 7138; e-mail txh1@nrc.

gov; and Jane Marshall, NMSS, (301) 492-3138; 

e-mail jem1@nrc.gov)

RIS 2007-18, “Data for Updating the Interim 

Inventory of Radioactive Sources,” was issued 

September 7, 2007. This RIS was issued to all U.S. 

Nuclear Regulatory Commission Part 40, Part 

50, Part 70, Part 72, and Part 76 licensees and 

certificate holders who are authorized to possess 

sources of radioactive material at the Category 

“3.5” activity or higher. 

(Technical contacts: William R. Ward, FSME, 

(301) 415-7038; e-mail wrw1@nrc.gov; and Nima 

Ashkeboussi, FSME, (301) 415-7637; 

e-mail naa@nrc.gov)

(General Contact: Angela R. McIntosh, FSME, 301-

415-5030; email: arm@nrc.gov)

SIGNIFICANT EVENTS

Event #1: Unauthorized Administration of 

Radiopharmaceutical

Date and Place: August 6, 2007, Piedmont, North 

Carolina

Nature and Probable Causes: The licensee reported 

that a nuclear medicine technologist performed a 

diagnostic cardiac imaging exam on himself. He 

administered himself with 1.46 gigabecquerel 

(39.4 millicuries) of Tc-99m myoview for a stress 

test and followed it up with 0.43 gigabecquerel 

(11.6 millicuries) of Tc-99m myoview for the rest 

test. Both administrations occurred on August 

6, 2007, and were done without the licensee’s or 

an authorized user’s knowledge or consent. The 
Page 8 FSME Newsletter

technologist used a dose intended for a patient 

that did not show up for a scheduled exam. The 

technologist later informed the authorized user 

of the incident. The North Carolina Radioactive 

Materials Branch will inspect the licensee. The 

nuclear medicine technologist’s employment was 

terminated.

Event #2 Overexposure During Radiographic 

Operations

Date and Place: September 14, 2007, 

Beaumont Texas

Nature and Probable Causes: The licensee 

reported potential personnel overexposures 

during industrial radiography on a 6.5 foot steel 

ladle at a steel mill east of Beaumont, Texas. The 

radiographers were using a QSA Global exposure 

device (Model 943) and a Co-60 source (Model 

A-424-14, serial #36391B) with an activity of 3.48 

terabecquerel (94 curies). Two radiographers 

noticed that their pocket dosimeters read offscale (>200 milliRoentgen). The radiographers 

had just changed the film in the holder, which 

was located approximately seven inches from the 

source collimator. It appeared that the source 

had not been retracted into the exposure device. 

It was determined that the source was stuck 

approximately 1.5 feet from the exposure device, 

due to a crimped guide tube. A ladder was used 

to enter the ladle from one side and the source 

collimator was positioned on the opposite side 

with a magnetic hold. The magnetic hold fell off 

the ladle during radiography and damaged the 

guide tube, restricting full retraction of the source 

during the last two shots. A survey was taken on 

the last shot and the source was discovered to be 

unshielded. A specialist responded to the jobsite 

and successfully retracted the source. However, 

the source retrieval was difficult. During retrieval, 

the specialist’s pocket dosimeter went off-scale (>5 

Roentgen (R)). The specialist switched to another 

pocket dosimeter with a range of 0 to 20 R. At the 

completion of the retrieval, the specialist had an 

indicated exposure of 13 centisieverts (rem). The 

licensee sent all three individuals’ badges off for 

emergency processing. The Radiation Emergency 

Assistance Center/Training Site recommended that 

the individuals be medically examined with follow 

up blood chemistry tests. The Texas Department of 

Health will investigate the incident.

(Contact: Angela R. McIntosh, FSME, 

301-415-5030; e-mail: arm@nrc.gov)

SIGNIFICANT ENFORCEMENT ACTIONS

The NRC’s enforcement program can be accessed 

via NRC’s homepage [http://ww.nrc.gov/] under 

“What We Do.” Documents related to cases can 

be accessed at [http://www.nrc.gov/], “Electronic 

Reading room,” “ADAMS Documents.” Help using 

ADAMS is available from the NRC Public Document 

Room, telephone: 301-415-4737 or 

1-800-397-4209.

Portable Gauges

R&M Engineering, Inc. (EA-07-180; 07-181)

On October 23, 2007, a Notice of Violation (NOV) 

and Proposed Imposition of Civil Penalty in the 

amount of $3,250 was issued for a Severity Level III 

violation of 10 CFR 30.34(i) involving the licensee’s 

failure, on two instances, to maintain a minimum 

of two independent physical controls that formed 

tangible barriers to secure a portable gauge from 

unauthorized removal during a period when the 

portable gauge was not under the control and 

constant surveillance of the licensee. In the second 

instance, this resulted in the loss of the gauge into 

the public domain. Specifically, in the first instance, 

an authorized portable gauge user left the portable 

gauge unattended and unsecured in the bed of 

a company truck as he returned to the office to 

retrieve paperwork. In the second instance, the 

licensee failed to use two independent physical 

controls to secure a portable gauge after it fell out 

of a company vehicle onto a public highway and 

until it was retrieved and returned by a member of 

the public a few minutes later.

Alaska Industrial X-Ray, Inc. (EA-07-261) 

On October 19, 2007, an Order Suspending 

Licensed Activities (Effective Immediately) 

was issued to Alaska Industrial X-Ray, Inc. (AIX) 

based on the NRC’s determination that all AIX 

radiographers, including AIX’s Radiation Safety 

Officer, and assistants, violated 10 CFR 34.41(a) 

by performing industrial radiographic operations 

at a temporary job site with only one qualified 

individual present during operations. The 

evidence the NRC relied on indicates that these 

activities have occurred on numerous occasions, 

for a period of up to three years. Because the NRC 

issued a Notice of Violation on April 25, 2001, for 

a willful violation of 10 CFR 34.41(a) at the same 

client facility location, serious concerns were 

raised regarding AIX’s willingness to comply with 

the Commission’s requirements and its ability to 

conduct licensed activities without undue risk 

to the public’s health and safety, resulting in the 

issuance of this order suspending all radiographic 

operations authorized by AIX’s license.
Page 9 FSME Newsletter

MC Squared, Inc. (EA-07-101; EA-07-104) 

On September 13, 2007, a Notice of Violation and 

Proposed Imposition of Civil Penalty in the amount 

of $3,250 was issued for a Severity Level III problem 

composed of two Severity Level III violations. The 

first violation involved the failure of MC Squared, 

Inc., an Agreement State licensee (licensee), to file 

NRC Form 241 at least three days prior to engaging 

in licensed activities within NRC jurisdiction. 

Specifically, the licensee stored or used a portable 

gauge containing byproduct material (americium241 and cesium-137) at two Indian Reservations 

which are areas of exclusive NRC jurisdiction 

regarding the use of NRC-licensed materials. The 

licensee did not file NRC Form 241 prior to using 

the material at these sites. The second violation 

involved the licensee’s failure to use a minimum 

of two independent physical controls to secure 

a portable gauge from unauthorized removal 

when the gauge was not under the control and 

constant surveillance of the licensee. This failure 

may have contributed to the theft of the gauge 

which was reported. Specifically, the licensee 

stored the gauge in an unlocked trailer, located in 

an unrestricted area when an authorized user was 

not present. Although the gauge was in a locked 

container, the gauge had no physical control 

to form tangible barriers to secure the gauge 

from unauthorized removal, because the gauge 

container was not secured to the trailer, nor was 

access to the trailer controlled.

Cal Testing Services, Inc. (EA-07-191) 

On September 7, 2007, a Notice of Violation 

was issued for a Severity Level III violation 

involving a radiographer who, contrary to the 

requirements in 10 CFR 34.37(a), did not wear a 

personnel dosimeter on the trunk of the body, 

during radiographic operations. Specifically, the 

radiographer placed his personnel dosimeter into 

his coat pocket and subsequently removed his coat 

and left the coat (with dosimeter in the pocket) 

in the vicinity of the camera prior to radiographic 

operations.

Valley Quarries, Inc. (EA-07-156)

On August 16, 2007, a Notice of Violation (NOV) 

and Proposed Imposition of Civil Penalty in the 

amount of $3,250 was issued for a Severity Level III 

violation of 10 CFR 30.34(i) involving the failure to 

maintain a minimum of two independent physical 

controls that formed tangible barriers to secure 

a portable gauge from unauthorized removal 

during a period when the portable gauge was not 

under the control and constant surveillance of the 

licensee, which may have contributed to the theft 

of the gauge. Specifically, a portable nuclear gauge 

was stolen from an unattended licensee vehicle 

that was parked at an employee residence. While 

the gauge was unattended, the licensee had only a 

single tangible barrier in place to prevent the theft. 

PK Associates, Inc. (EA-07-166)

On August 2, 2007, a Notice of Violation was issued 

for a Severity Level III violation of 10 CFR 30.34(i). 

The violation involved the failure to maintain a 

minimum of two independent physical controls 

that formed a tangible barrier to secure a portable 

gauge from unauthorized removal during a period 

when the gauge was not under direct control or 

surveillance. Specifically, a Troxler portable gauge 

was found unattended on top of a two foot wall, 

adjacent to a new road construction project. The 

authorized user was out of the direct line of sight 

to the gauge, leaving the gauge unattended for 

approximately ten minutes. 

C&W Enterprises, Inc. (EA-07-022)

On July 13, 2007, a Notice of Violation and 

Proposed Imposition of Civil Penalty in the 

amount of $3,250 was issued for a Severity Level 

III violation. The violation of 10 CFR 30.34(i) 

involved the licensee’s failure to use a minimum 

of two independent physical controls that formed 

tangible barriers to secure a portable gauge 

from unauthorized removal when the portable 

gauges was not under the control and constant 

surveillance of the licensee. Specifically, no 

tangible barrier was used to secure a portable 

gauge that was stored in a warehouse, prior to 

November 27, 2006, and on April 24, 2007, only 

one physical control that formed a tangible barrier 

was used to secure the portable gauge from 

unauthorized removal.

JCK & Associates (EA-07-127)

On June 8, 2007, a Notice of Violation and Exercise 

of Enforcement Discretion were issued for two 

Severity Level III violations. The first violation 

involved the licensee’s failure to meet the terms 

and conditions of an order issued to the licensee 

for not paying its annual fees. The second 

violation involved the licensee’s failure to use a 

minimum of two independent physical controls 

that form tangible barriers to secure three portable 

gauges from unauthorized removal, when the 

portable gauges were not under the control and 

constant surveillance of the licensee. Specifically, 

the licensee stored the gauges in unlocked 

transportation cases located inside an unoccupied, 
Page 10 FSME Newsletter

unlocked hallway that could be accessed by 

unauthorized individuals. Although a civil penalty 

would normally be issued in this case, enforcement 

discretion was exercised because the licensee has 

transferred all licensed material to an authorized 

recipient, its NRC license has been terminated, and 

the licensee has no intention of conducting NRClicensed activities in the future.

Radiography

Department of the Navy, Marine Corps Logistics 

Base (EA-07-091; EA-07-093)

On June 29, 2007, a Notice of Violation was issued 

for two Severity Level III violations in accordance 

with the Enforcement Policy. The first violation 

involved a radiography device containing a 

quantity of Iridium-92 that was mistakenly shipped 

and stored for a period of 12 days before it was 

discovered and recovered during a routine survey. 

Although the source was properly shielded, and 

it was unlikely that a member of the general 

public could gain access to it, significant radiation 

exposures could have occurred if the source had 

been improperly handled, transferred or removed 

from the facility, or if the source was removed 

from it’s shielding. The second violation involved a 

radiographer who exposed a Cobalt-60 source before 

ensuring that the high radiation area was cleared. This 

failure resulted in radiation doses to the crew that 

exceeded expected exposures. The failure to clear 

the high radiation area before conducting operations 

created a potential for the exposures to have been in 

excess of regulatory limits.

Medical

University of Pittsburgh (EA-06-266; EA-06-278)

On July 23, 2007, a Notice of Violation and 

Confirmatory Order (Effective Immediately) 

were issued to the licensee, for a Severity Level 

III violation. As a result of an Alternative Dispute 

Resolution (ADR) mediation session conducted 

at the licensee’s request, the NRC agreed to 

final disposition of this matter by citing a single 

violation of the requirements in 10 CFR 35.24(b). 

Specifically, the licensee through the Radiation 

Safety Officer (a) failed to ensure that the physical 

presence requirements of 10 CFR 35.615(f)(3) from 

May 13, 2004, to March 10, 2005; and (b) failed to 

ensure that written directives were consistently 

signed by all three members of a Gamma Knife 

team prior to administration of gamma stereo 

tactic radiosurgery treatments in accordance 

with 10 CFR 35.32 between 1998 and 2000. The 

NRC concluded that certain aspects of the 10 

CFR 35.24(b) violation were willful. The licensee 

disputed this conclusion. The NRC and the licensee 

have agreed to disagree regarding any willful 

aspects of this violation. In light of the actions that 

the licensee has taken, or has committed to take, 

as described in the Confirmatory Order, as well 

as the fact that the violation did not result in any 

known safety consequences to patients, workers, 

or the public, the NRC agreed to issue a Notice of 

Violation without a civil penalty.

Hackley Hospital (EA-07-071)

On June 20, 2007, a Notice of Violation was 

issued for a Severity Level III violation involving a 

failure to develop written procedures to provide 

high confidence that each administration 

was in accordance with the written directive. 

Specifically, the licensee’s written procedures for 

prostate seed implant treatment did not include 

appropriate steps or guidance to ensure that 

radioactive sources were positioned in the patient 

in accordance with the written directive and 

treatment plan.

Cooper Health System (EA-07-102; EA-07-126)

On June 8, 2007, a Notice of Violation was issued 

for two Severity Level III violations. The first 

violation involved a failure to verify that a high 

dose rate remote afterloader brachytherapy 

treatment was administered in accordance with 

the treatment plan and written directive. The 

second violation involved a failure to report a 

medical event. Specifically, a high dose rate 

remote afterloader treatment fraction was 

delivered in which the source was positioned 

outside of the patient’s body for a portion of the 

treatment. The dose delivered to the treatment 

site differed from the prescribed dose by more 

than 50 rem to an organ or tissue and the 

fractionated dose differed from the prescribed 

dose, for a single fraction, by 50 percent or more.

SELECTED FEDERAL REGISTER NOTICES

(August 1, 2007 – September 30, 2007)

“Regulatory Guide: Issuance, Availability” 

72 FR 42137, August 1, 2007.

(Contact: John N. Ridgely, Office of Nuclear 

Regulatory Research, 301-415-6555; 

email: JNR@nrc.gov.)

“NUREG–1556, Volume 9, Revision 2, ‘‘Consolidated 

Guidance About Materials Licenses ProgramSpecific Guidance About Medical Use Licenses; 

Draft Guidance Document for Comment” 

72 FR 42442, August 2, 2007.
Page 11 FSME Newsletter

(Contact: Torre Taylor, Office of Federal and 

State Materials and Environmental Management 

Programs, 301-415-7900; e-mail: tmt@nrc.gov.)

“Privacy Act of 1974, as Amended; New Routine 

Use” 72 FR 43296, August 3, 2007.

(Contact: Sandra S. Northern, Office of 

Information Services, 301-415-6879; 

e-mail: ssn@nrc.gov.)

“10 CFR Parts 2 and 171 RIN 3150–AI15, 

NRC Size Standards; Revision” (P)

72 FR 44988, August 10, 2007.

(Contact: Michael Lesar, Office of Administration, 

301-415-7163, e-mail: mtl@nrc.gov.)

“10 CFR Parts 32 and 35 RIN 3150–AI14 Medical 

Use of Byproduct Material - Minor Corrections 

and Clarifications: Proposed rule” 72 FR 45181, 

August 13, 2007.

(Edward M. Lohr, Office of Federal and State 

Materials and Environmental Management 

Programs, 301-415-0253, e-mail: eml1@nrc.gov.)

“10 CFR Part 72, RIN 3150–AI21, List of Approved 

Spent Fuel Storage Casks: 

TN–68 Revision 1” 72 FR 45948, August 16, 2007.

“Consolidated Decommissioning Guidance; Notice 

of Revision to, Withdrawal of Portions of, and 

Process for Updating (NUREG–1757)” 72 FR 46102, 

August 16, 2007.

(Duane W. Schmidt, Office of Federal and State 

Materials and Environmental Management 

Programs, 301-415–6919; e-mail: dws2@nrc.gov)

“10 CFR Parts 1, 2, 13 and 110, RIN 3150—AH74, 

Use of Electronic Submissions in Agency Hearings” 

72 FR 49139, August 28, 2007.

(Darani Reddick, Office of the General Counsel, 

301-415-3841, e-mail: dmr1@nrc.gov; 

or Steven Hamrick, Office of the General Counsel, 

301-415-4106, e-mail: sch1@nrc.gov.)

“Notice of Availability of NUREG-1854, NRC Staff 

Guidance for Activities Related to U. S. Department 

of Energy Waste Determinations, Draft final Report 

for Interim Use” 72 FR 50704, September 4, 2007.

(Contact: Michael Fuller, Office of Federal and 

State Materials and Environmental Management 

Programs, 301-415-0520, e-mail: mlf2@nrc.gov.)

(General Contact: Gwendolyn Davis, Office of 

Federal and State Materials and Environmental 

Management Programs, 301-415-8165; 

e-mail: gxd@nrc.gov)

NOTE TO READERS:

In an attempt to keep the FSME Licensee 

Newsletter relevant, useful and informative, 

feedback on the content of the newsletter is 

welcome. Readers desiring to contribute articles, 

self-explanatory diagrams, suggestions for future 

articles, bulletins, web-site postings, and other 

items of interest to the FSME Licensee Newsletter 

readership, should contact Michael Williamson or 

Gwendolyn Davis, from the Office of Federal and 

State Materials and Environmental Management 

Programs, Rulemaking Branch A. Mr. Williamson 

may be contacted at 301-415-6234 or mkw1@nrc.

gov. Ms. Davis may be contacted at 301-415-8165 

or gxd@nrc.gov.

In addition, to ensure proper delivery of the 

FSME Licensee Newsletter, please report any 

address changes to Mr. Williamson to prevent any 

interruption of service.

Please send written 

correspondence and requests to: 

Michael K. Williamson, 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, D.C. 20555-0001