Cr . - : 11 

I'll P U.S. Nuclear iOffce of Nuclear - NUREGIBR-0117

Regulatory. . :.-. Material Safety No. 95-3

--Is / Commission ; and Safeguards :Sept '95/Oct '95

E .........

P .. __------- ... _ ... ---~ _ _ _ ___ 

NRC CHANGES ITS ENFORCEMENT

POLICY

The U.S. Nuclear Regulatory Commission has

made significant changes to its enforcement

policy. The revised policy was published in the :

Federal Register on June 30, 1995 (60 FR 34380). It

has also been'published as NUREG-1600, which

was mailed to all NRC licensees during'the month

of July.

Licensees should -become familiar with the new

Enforcement Policy. There are now'increased'

incentives for licensees to identify and correct

violations. Because of the changes to the " Enforcement Policy, a non-willful Severity Level

III violation or problem normally will not be';

assessed a' civil penalty provided: (1) the' licensee

has had no previous escalated enforcement.:

actions during th'e past 2 years or two inspections,

whichever is longer; and (2) the licensee takes

prompt and comprehensive corrective action to

ensure that similar violations do not occur in the

future. However, the policy does recognize some. I

exceptions, such as the loss of radioactive sources

discussed below.

Even where prompt and'comprehensive corrective

action is taken, other Severity Level III violations

and Level I and II violations may be'subject to

civil penalty if NRC identifies the violation, or if

the licensee does not identify the violation before

an event such as an exposure'occurs.The'policy

also provides that the NRC staff may'use' discretion to propose a civil penalty or to increase or

decrease a civil penalty where'the normal 'outcome

of the civil penalty decision process does not

provide the appropriate regulatory essag'e

NRC is continuing the policy that non-recurring

level IV violations normally will not be 'cited if

identified and corrected by a licensee.

Among other significant changes, the'r'evised

enforcement policy- .

* Provides that-licensees who lose radioactive

sources and do not identify.and report the

loss to NRC normally, will be subject to a civil

penalty at least on the order of the cost for an

authorized disposal or transfer to an;'

authorized recipient of such a source;

* Provides that minor violationsfo'rmerly

referred to as Severity Level V violations, will

not be'cited; 'and,'

* Continues a trial program of conducting

approximately 25 percent of predecisional

enforcement conferences open for public

observation.

(Contact: Joseph DelMedico,' OE 301415-2739)

SIGNIFICANT ENFORCEMENT ACTIONS

More detailed information concerning these

enforcement actions will be published in

NUREG-0940, "Enforcement Actions: Significant Actions Resolved," Volume 14, No. 2,

-Partim. -----

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*~ ~~~1 . 7, 

Medical -: . . :.: :

1. Elias Charles Dow, M.D., Boston

Massachusetts, EA 95-038

A $750 civil p e ty wa assessed for failure to

maintain security of licensed material. The

licensee was dispensing'I-131 capsules to'-'

patients to be self-administered at a later

date.
I - '

NMSS LICENSEE NEWSLETERSEPTEMBER-OCTOBER 1995

* . * ,, ............. - v - ......... Page

L NRC Changes Its Enforcement Policy

(Contact Joseph DelMedico, OE,

-301-415-2739).: ............... 1.

2. Significant' Enforcement Actions

(Contact:'Joseph'DelMedico, OE, ' 301415-2739). 1

3. NRC Policy on Open Staff Meetings

(Contact: Jona Souder, ADM,

301-415-7170). 4

4. NRC and EPA Publish Joint Guidanc'

on the Storage of Mixed Waste, for

Comment (Contacts: Nick Orlando, NRC,

301-415-6749; Newman Smith, EPA;-.

703-308-8757) . 4 , ~ . , . o ' 

5. Timeliness Rule Requires Decommissioning Action at Some Sites by:3'aAugust 15, 1995 (Contact David Fauver,

NMSS, 301-415-6625) .............. , 5

6. Clarification'of NRC's Raining and ' Experience Criteria (Contact Janet

Schlueter, NMSS, 301-415-7894). 6

7. Department of Energy Operating,

Experience (Contact: Carrie Brown,,

NMSS, 301-415-8092) ............ .. 7

8. Formation of Spent Fuel Project Office

(Contact: Earl' Easton, 301'415-8520)-;.'... 7

9. Failure to Review Label Causes

Misadministration (Contact: Susanne

Woods, NMSS, 301415-7267 . 7

F ~ ~ . . ..

10. Federal Register Notices (May 1, 1995-

August 1, 1995) (General Contact:

Kevin Ramsey, NMSS, 301415-7887) ...... 8

11.' Generic Communications Issued (May 1,

1995-Aiigust 1, 1995) (General Contact:

Kevin Ramsey, NMSS, 301415-7887) ....... 9

12. Summary of Event-Related Reporting .

Requirements, Intended to Help ' .

Material Licensees Be More Aware of

Them (Contact: Kevin Ramsey, NMSS,

301-415-7887) ........................... 10

13. A Sampling of Significant Events Reported

to NRC by NRC Material Licensees

(Contact Walter Lescheck, AEOD,

301-415-6365) ........................... 12

2. Robert F. Hall, M.D., IA 95-018

A Notice of Violation was issued to this

physician who, as Chairman of the Radioisotope Committee, deliberately allowed 

physicians who were not named on the U.S.

Nuclear Regulatory Commission license to

perform teletherapy treatments.

3. Charles K Lohi, M.D., IA 95-017

A Notice of Violation was issued to this

physician who, as Radiation Safety Officer,

deliberately allowed physicians who were not.'

named on the NRC license to perform'

teletherapy treatments.

Radiography

1. Jones Inspection Services, Alderson,'

Oklahoma, EA 94-241

An Order was issued suspending authority to

conduct radiography in areas under NRC

jurisdiction because the proprietor failed to

comply with the reciprocity requirements in

10 CFR 150.20.

2. Mattingly Testing Services, Inc., Great Falls,

Montana, EAs 95-035 and 95-063

A civil penalty of $15,500 and an Order

Modifying License was issued for deliberate

violations involvin'g failure to ensure tliat an

assistant' iidio rapher was trained ~ad

supervised and other violations indicative of a

breakdown in' control of licensed activities.

The Order requires that the licensee obtain

the services of an independent auditor.

Comments, and suggestions you may have for

information that is not currently being

included, that might be helpful to licensees,

should be sent to:

E. Kraus

NMSS Licensee Newsletter Editor

Office of Nuclear Material Safety

' and Sfegiiards ;

'To White Flint' North, Maii Stop482A-23'

U.S.; Nuclear Regulatory Commission '4

Washington, D.C. 20555-0001 '

2
3. Daron R. Hanson, IA 95-014 -

A Notice of Violation was issued to,this

radiographer for deliberate violations of

10 CFR Part'34 requirements.

4. Bart A. Kutt, IA 95-013. .

A Notice of Violation was issued to the Vice:

President and Assistant Radiation Safety ;

Officer of a radiography firm for deliberate

violations of 10 CFR Part 34 requirements.

5.' Mark M. Mattingly, IA 95-012

A Notice of Violation was issued to the

President and Radiation Safety Officer of a

radiography firm for deliberate violations;

involving storage and use at a location not

authorized on the'license and failure to audit

radiographers at 3-month intervals.

6. Frank Papalia, IA 95-020

A Notice of Violation was'issued to this rdi-'

ographer for deliberately providing inaccurate

information, regarding radiography activities,:

to an NRC inspector.'

Measuring Gauges

1. Highway Engineering' & Survey Co.; Bonhers

Ferry, Idaho, EA 95-042.... 

An'Order to Cease and Desist Use and

Possession of Regulated Byproduct'Material

was issued based on possession and use of a-;

moisture density gauge'without a U.S. Nuclear

Regulatory Commission license. The license

had expied. ' ' ,'

2. William ad Joan ir-bly, LAs'95015 and .

95-016<-''';

A confirmatry Order was issued'to t le..

President and to the General 'Manager arid

'fleasurer to prohibit them 'from applying for.

an NRC license or 'engaging' inNRC-licensed 

activities for a period of 5 years. The Order

was based on' deliberate 'violations of NRC

license'requirements for the use, of moisture .':

density gauges.. ([ [,; '

3. McCormick; Thylor and Associates,'Ic.,.'

Philadelphia, Pennsylvania, EA 94-253,

A $2000 civil penalty was assessed for failure

to maintain proper security of licensed:-

-material, which resulted inthe loss of a

moisture density gauge. '- .', ; t ;, 

4., 'Joseph olino and Sons, Inc., Mt. Laurel,.

New Jersey,MEAs 94-248 ad 95 -090,

' Confirmatory Order was jssued t prhibit

the entity r its u from applyi for.

'''an NRC licen'se oiengagin'g in NRC-licensed'

activities for a period of 5 years. The NRC

licensehad been revoked for nonpay ment'of

fees andthe licisee had been'ordered to,

transfer its moisture density.gauge to an

a*thorized recipient; however, the entity

continued to possess' the gauge without a

license.

5.. Braun Intertec Corporation, Minneapolis,,

Minnesota, EA'95-104 , ' -,

A Notice of Violati&n iwas iss'ued for failure to

niaintain a moisture densiiy gauge under ' ' constant surveillance, whichresulted in the

'gauge being damaged by a bulldozer.'

6. Geotest, Ltd., Saginaw, Michigan, EA 95-112

A Notice' of Violatioi'was issued for failure to

maintain security of a moisture density gauge,

whichwas'st6len 'from the' open bed of a

pick-up truck. The gauge wasi not secured to

the bed of the truck.

7.!" Soil and Materials' Engineers, Inc.,'Plymouth,

Michigan,EA 95-055 t

A Notice of Violation was issued for failure to

maintain 'security of a moisture density gauge,

which was found in an incoming shipment by

a scrap'metal dealer.

8. v IHS Geotech & CMT, Inc., San Antonio,

Texas, EA 95-007

;A $500 civil penalty Was assessed for failure to

file F6rm NRC 241 (reciprocity) for w6rk in

areas under exclusive Federal jurisdiction.

Other Materials Licensees'

1. 'Honeywell Incorporated, Minneapolis,

Minnesota, EA 92-112

A civilpenalty of $20,000 was assessed based

on a willful violation involving transfer of

NRC licenses and licensed material to another

entity without first receiving NRC

fauthorization. :

(Contact: Joseph DelMedico,' OE, 301415-2739)

3
4 1 .

NRC POLICY ON OPEN STAFF MEETINGS

The U.S. Nuclear Regulatory Commission has

adopted a'nev policy aimed at increasing public'-

access to meetings with the NRC staff The'final

policy statement (59 FR 48340) was published on

September 20, 1994, and became'effective

November 1, 1994. In general, meetings conducted

and sponsored by NRC stiff are to be open to

public attendance and observation when the

purpose is to discuss substantive issues bearing

on NRC's regulatory and safety'responsibilities. A

toll-free telephone recording'and a computer'

bulletin board service have been established to

inform interested parties of upcomingpublic

meetings.

The new policy allows' greater public scrutiny of

NRC's regulatory activities, and replaces an

earlier policy statement on open meetings . published in 1978. Meetings between the NRC

staff and outside parties will generally be ' classified as public meetings unless the subject

matter to be discussed:'

a. is specifically authorized by an Executive

Order to be kept secret in the interests of

national defense or foreign policy (classi- - fied information), or is specifically,.

exempted from public disclosure by

statute;

b.. contains trade secrets and commercial or

financial information (proprietary

information);

NRC staff's execution' of its safety and

regulatory responsibilities, such as when

the meeting is an integral part of the

execution of the NRC inspection program.

Whether a meeting should be open to the public depends primarily on the subject matter to be

discussed, not on who is participating (i.e., staff

level versus senior management). The telephone

recording'and comnputer bulletin board will include information on the date,'time, and location

of the meeting, its purpose, the NRC offices and

outside organizations in attendance, and the name

and telephone number of the NRC contact for the

meeting. Information about canceled or rescheduled meetings will be updated as necessary.

The recording and bulletin board will cover public

meetings scheduled during the next 60 calendar

days and new meetings will, be added daily. In

addition, a weekly listing will be posted in the

NRC Public Document Room at 2120 L Street

(Lower Level) NW., Washington, DC, and in all

Local Public Document Rooms. The Office of

Public Affairs,will continue to issue public'

announcements on the more significant meetings. The toll-free number for the telephone recording

is 1-800-952-9674. The telephone number for the

computer bulletin board is 1-800-303-9672

(access through Gateway).

(Contact: Jona Souder, ADM, 301-415-7170)

NRC AND EPA PUBLISH JOINT GUIDANCE

ON THE STORAGE OF MIXED WASTE, FOR

COMMENT

Draft guidance on the storage of mixed waste was

published in the Federhl Register on August 7,

1995 (60 FR 40204). The U.S. Nuclear Regulatory

Commission and the U.S. Environmental Protection Agency (EPA) will accept public comments

on the draft guidance until November 6,' 1995.

Mixed waste is defined as waste that contains

both hazardous waste and source, special nuclear,

or byproduct matejial subject'to the Atornic

Energy Act of 1954. Persons who generate, treat,

store, or dispose of mixed wastes are subject to

the requirements of the Atomic Energy'A&t, as

amended, and the Solid Waste DisposalAct, as

amended by the Reso'urce Conservation and

Recovery Act (RCRA), and the Haza'rdous and

Solid Waste Amendments. The Federal agencies

responsible for ensuring compliance with the

implementing regulations of these statutes are

NRC and EPA.

Despite concerted State efforts for more than 15

years, no new disposal facility for commercial'

C. , contains safeguards information;,

d. is of a personal nature where public

disclosure would constitute a clearly

unwarranted invasion of personal privacy;'

e. is related to a planned, ongoing, or

completed investigation and/or contains

information compiled for law enforcement

purposes;

f could result in the inappropriate disclosure and dissemination of preliminary,

unverified information; ' -

g. is a general information exchange having -- ~no direct, substantive connection to a

specific NRC regulatory decision or - action;-

h. indicates that the administrative burden

associated with public attendance at the

meeting could result in interfering with the

4
low-level radioactive waste, or mixed waste, has

begun operation, with the exception of Envirocare

of Utah, which accepts some low-activity wastes

and certain mixed wastes.for.disposal. Development of new treatment facilities for mixed waste

has'been limited also.' Mixed-waste 'generators have raised concerns-that NRC's storage requirements for radioactive waste run counter to the '

aims of RCRA.-,Aspart of a larger cooperative ',

effort, NRC and EPA have developed'draft

guidance for public comment that, when flnalized'

can be use'by commercial mixed-waste

generators currently strig their waste.

The four issues identified to the agencies by the''

regulated community, and the' proposed resolutions, are' as follows:. -

Issue 1: Generators may not use decay-in-storageto reduce the hazard'of mixed wasteas it would

violate the RCRA rohibition'on the storage of . hazardous waste. , " i . . ..

Resolution Limited periods of decay-in-storage of

mixed waste do not violate the RCRA storage

prohibitions because decay-in-storage is a necessary and useful part of the best'demonstrated.

available te'chnology (BDAT) treatment process. ' Therefore, the Land Disposal Restrictions storage

prohibition 'does not'apply.to'mixed waste' h'eld 

pursuant to an NRC approved decay-in-storage'' 

program during the period of decay. *- ' Of. ; .;*: , . ..,,',- '2 

Issue 2: Daily or weekly "walk-through"-inspec-: :

tions of high-activity. mixed waste may, result in

increased exposures to workers at their facilities';.

and thus violate the requirement to maintain

radiation exposures as low as is reasonably :

achievable. -. . -

Resolution. RCRA regulations and permit'-

guidance do not require that inspections of mixed,

waste in storage be "walk-through" inspections. . . Alternative methods for inspection -could include

the'use of remote monitoring devices to determine

if a waste container is leaking; or television monii-.;.

tors,'or other means that are capable-of detecting' leakage or deterioration These measures' should -

be coupled with a means 'to promptly locate and

segregate or remediate leaking'containers. i S ~~ ~ ' ; , , a , | ' ;| ,; | { 

Issue 3: RCRA inspection requirements restrict

the use of containers with low radiation levels to'..

shield containers with higher ra'diation levels, and - such a restriction could cause an increase in

worker exposures.: . . .'

Resolution: Containers may be used for radiation.:

shielding, so long as a licensee is capable of

detecting leaks, locating the source, and respond-- ing within.24.hours of detection to mitigate any significant release. 

Isue 4: Confusion exists over ways to' cormply with

both NRC and EPA waste management equire'

ments, especially those forincompatible wastes...

Resolution: Incompatible wastes or other

materials must be separated or protected by'

means of a dike, berm, wall, or other device to

prevent ignition or reaction. However, this can

occur in the same storage-facility and does not'

necessitate the'construction of an'entirely

separate'storage unit. In 'situations where high- activity mixed wastes are monitored by' remote

means and/or' stored using dense packing, . .

facilities must demonstrate to the EPA Regionaly Administrator the need to control the radiation

hazard. The determination to waive or alter the

aisle space requirement will be made on'a caseby-case basis and be incorporated into the - facility's RCRA permit;.

Interested individuals should send written comments on the published guidance to: David L.

Meyer, Chief, Regulatory Publications Branch,

Division of Freedom of.Information and Publication Service, Office of Adminitiation, U.S.

Nuclear Regulatory C6rnmisrsion, Washington, DC

20555,'or hand-deliver cbmments to the. 

Commission's o'fficeat 11545 Rockville Pike

(Room T6LD59),' Rockville, MD 20555.

Forfurther' information, contact Dominick A.

Orlando, Division of Waste Management,'Office

of Nuclear Material Safety 'and Safeguards, U.S.

Nuiclear Regulatory Commission, Washington,

DC, 20555, tlephor6 (301)' 415-6749,'or Newman:

Smith, Permits' and State Pr6giamfi'Division,'

Office of Solid Waste,'U.S. Environmental 'l

ProtictionAgency,'Washington DC,'20460,'

telephone' (703)'308-8757. ' ' '

(Contacts: Nick Orlando, NRC, 301-415-6749;'

Newman'Smith, EPA, 703-308-8757) . ; -

TIMELINESS RULE REQUIRES DECOMMISSIONING PLANS FOR SOME SITES BY

AUGUST 15, 995i.

The September-October 1994 NMSS Licensee:'

Newsletter (N'UREGIBR-0117,'No. 94-3)"--

announced the issuance of the "Final Rule on

Decommissioning Timeliness" which added

schedule'requirements.'The timeliness rule was';

effective August 15,- 1994.' The article provided an

explanation of the'rule and also stated that

significant failure to conform to the n'ew

requirements has been classified as a Severity

Level m violation'. ..;- '

5'
The."timeliness" rule requires licensees io notify

NRC within 60 days if: 1) the licenseha's expired,-

or has been revoked; 2) the licensee has decided

to cease principal activities at the entire site or in

any'separait buildinig or' utdoor'area or 3) no

principal activities, under license, have been

conducted at the site, or in' any separate building

or outdoor area, for 24'months. The timeliness*

rule should be carefully reviewed for applicability

to your'site. , '

,.' .:, . ~ ~ r:fs ~~~~- v 'e .} . ': .

The Implementation Section of the Supplementary

Information on the rule (59 FR 36026) states that

licensees with unused facilities'as of July 15; 1994,

would be allowed 2 years from the effective date

of the rule, August 15, 1994, to submit the re-, 

quired notification, even though the total period

of inactivity may actually end up being greater

than 2 years. This provides' licensees 2 years in

which to determine whether the unused facility would be put into use again or to'submit notification as required under the rule. However, this;,

statement only applies to licensees that have not

previously notified NRC that principal'operations

have ceased. ' 

For those sites thiet are required to submit a":

decommissioning plan, the timeliness rule,

requires that' the plan e 'ubmitted within 12 . months of making the ab6ve notifidati6h to NRC. 

However, if a licensee were'to'rmake thdeabove'

notification, pursuant to the rule>on' "Eiiration

and Termination of Licenses," before August 15,

1994, and such notification were documented by letter, license amendment, inspection report, or

other means, a' decommissioning p an uld not

be required until-August 15, 1995, since the; :; 

12-month period is, not appliedrietr6actively tothe

date of the notification; Likewise, if the-; ,.

notification were made before August; 15, 1994,

and a decommissioning plan were not required,

decommissioning would have to be completed by

August 15, 1996. However, the r'ule does provide the opportunity for licensees to-propose alternate

schedules.,- '

There has been some confusion as t the applica-' bility of the 24-month "grace" period for unused

facilities, buildings, or outdoor areas, to licensees

that provided notification before August'15, 1994.

The grace period does not apply to' such licensees.

If you have not properly understood the applicability of the schedule requirements of the timeliness rule, and are now late, please call your

project manager or license reviewer to explore

avenues of relief. -''.

(Contact: David N. Fauver, NMSS, 301-415-6625)

CLARIFICATION OF NRC'S TRAINING AND

EXPERIENCE CRITERIA'

The U.S. Nuclear Regulatory Commision staff and

management 'routinely receive inquiries from physician applicants, members of the medical community, and Agreement States on 10 CFR- Part 35,

SubpartJ requirements, particulairly, whether cer-'

tain required training elements may be obtained

concurrently. In some cases, the 500 hours of

practical experience requirements [10 CFR

35.920(bX2)] and the 500 hours of clinical experi-:

ence requirements [10 CFR 35.920(bX3)] associ'

ated with the use of byproduct material have been

perceived as being able to be completed concurrently for a total of 500 hours of experience. ' 

Additionally, NRC regional license reviewers re-'

ceive medical use applications or amendments for.

authorizatiobi'of physicians'who do not appear to

meet 10 CFR Part 35, Subpart J training and'

experience criteria. Specifically, the applicant'documents less than the required number of accept- able hours of training and experience, as described in' the applicable section of Subpart J

(e.g., 60 hours for 10 CF 35.100 materials, 1200

hours for 10 CFR 35.200 materials, 80 hours for

10 CFR 35.300 materials, etc.). The NRC staff is

developing guidance' on this; and other issues

regarding the review of training and experience documentation, for use by the regional staff.

While developing the guidance discussed above,

NRC staff recently determined that, in cases,'

where an applicant does no' appear to meet the

applicable required number of training and experience hours" an exemption to the regulations is

needed to approve the authorized user. It should

be noted that Section 35.19 indicates that NRC:

will seek assistance from the Advisory Committee

on the Medical Uses of Isotopes (ACMUI) when

reviewing requests for exemptions from the Subpart J criteria. -lb streamline the exemption review

process,.and provide guidance to the regions, the.'

staff proposed a minimum number of acceptable 

training and experience hours for discussion with"

the ACMUI at its semi-annual meeting (May 11-.

12, 1995). The consensus of the ACMUI was that 

the committee would not identify a minimumnumber of acceptable training and experience.

hours, for any category of medical use, at this

time: Rather; the ACMUI recommended that

rulemaking was necessary; and that the staff

should continue to bring requests, for exemptions

to Subpart J criteria, to the attention of the

ACMUI for its review. As a result, the staff is

developing a procedure to document and streamline the'ACMUI review of such exemption

requests, so that the process will not be overly

6
burdensome for either the applicant, NRC staff,

or the ACMUI.

(Contact: Janet R. Schlueter, NMSS, ' 301-415-7894)

DEPARTMENT OF ENERGY (DOE)

OPERATING EXPERIENCE

The DOE Office of Nuclear and Facility Safety

publishes'a weekly 'publication titled "Operating

Experience Weekly Summary." The purpose of

this summary is to enhance safety throughout the

DOE complex' by prom'oting feedback of,"

operating experiences and encouraging the

exchange of information among DOE nuclear,'

facilities. Maiy'of the lesstons learned in' this

periodical are from experiences of DOE

manufacturing and processing operations, which

may be similar, to processing operations at

NRC-licensed fuel conversion and fabrication."

facilities..This summary is available for your ',

information by contacting' Mr. Richard L

'Revillian, EH, 33.Room E-460 GTN, U.S.

Department of Energy, Washifigton, DC,' 20585,

telephone number (301) 903-3074. ''

The summary is also available on the Internet

through the World Wide Web (WWW).'`Ib access

the WWW server, users must have web' browser,

software such as NCSA Mosaic or Netscape and

means to' access the Intern'et,' such' as direct-'

connect modems. Network access through a"

network modem or network computer terninal

may also be used.. -

The Uniform Resource Locator (URL) for the

home page for the WWW server is http:/.www

.eh.doe.gov/frequent.htm. The operating experience weekly summary portion of,the home page

provides the user with two, choices: a link to the

current Weekly Summary and a link to past,

Weekly Summaries. The DOEt echnical Infor-,

mation Services (IS) also provides a home page

(DOE Lessons Learned Information) to the,,,

gopher server that stores the Weekly Summaries.

The URL is http://venus.hyperk.comitrllllli.html

(I is lower-case letter "'). The Office of Nuclear

and Facility Safety (DOE) encourages WWW

users to save this home page as a "HotList Item"

(in Mosaic) or as a Bookmark" (in Netscape)to

shorten the time for finding Weekly summaries.

Gopher users can access the weekly summaries by

typing in the ,URL on a command line provided in

most gopher software programs. In the program,

WSGopher, the user must: (1) select "New

Gopher Item'' in the File menu; (2) type in the

URI; (3) click on the "paste" button; and (4) click

on the "OK" button. The URL is either of the

following. . - -

* :,gopher://146.13.63.106:70/11%5cdir%5cnfs%5

.coeweekly:; ; <; .. 

* gopher://apollo.eh.doe.gov:70/11%5cdir%5cnfs

/,%5coeweekly: , . .

* gopher://146.138.63.106:7011%2Fdir%2Fnfs%.

;...'2Foeweeklyi -

..:1 ':': :.:; .',., ~'..;,',, . .} ,

Users can then save the URL as a Bookmark. lb

access other documents published by DOE, users

can type in the URL'for the TIS home'gopher

server. The URL is gopher://dewey.tis.inel.gov.

(Contact Carrie Brown, NMSS, 301-415-8092)

FORMATION OF THE SPENT FUEL

PROJECT OFFICE ''' '

The Spent Fuel Project Office'(SFPO) has been

created, within the Office of Nuclear Material.

Safety and Safeguards (NMSS) to'provide a-dedicated organization and to focus management

attention on-the time-sensitive 'm'atters and

high-visibility tasks associated with' licensing the

Department of Energy's proposed Multi-Purpose

Canister (MPC) system, ad 'the p6sible licensing

,of a monitored retrievable storage (MRS) facility,

or a private indep.ident spent fuel storage'.

installation (ISFSI). The SFPO is also responsible

for ongoing reviews of radioactive waste transportation and spent fuel storage systems. The'

Director of the SFPO is William D. Travers and

the Deputy Director is Charles J"Haughney.' -' 

Mr. Travers can be reached at (301) 41548500, 'aid

Mr. Haughney can be reached at (301) 415-8560.

The SFPO reports'to'the Dijector'of NMSS.''

(Contact: Earl Easton, NMSS, 301-415-8520)

FAILURE TO REVIEW IABEL CAUSES

MISADMINISTRATION -~~~~~~~~ - ' 3 i !A., ;j''-SA recent misadministration resulted when labels '0

for two separate 1-131 doses were placed on the

lids'of the corresponding vial shields, and the lids

were inadvertently switched:.The labeling on the

'individual dose vial was not reviewed beforei .'

administering the dose to one of the patients.

Consequently,; 1110 MBq (29.9 mCi)-of I-131'weredelivered to a patient for whom the intended dose

was 300 MBq (8 mCi). The patient scheduled to

receive the larger dose cancelled his appointment;

hence, 'a second misadministration did not occur.

The misadministration was discovered the;

7'
I

following day; then the remaining dose was

measured for further use and the activity was

found to be much lower than expected.

Nuclear Material Safety and' Safeguaids medical

licensees are encouraged to review their vial labeling processes and consider actions to avoid similar problems. Label placement and label review

processes may vary in effectiveness from one facility to another. In the described case, the method

of labeling the vial shield'and the failure to compare the shield label with the dose vial label could

have resulted in multiple misadministrations.

Review of the labeling processes implemented at a

facility and periodic retraining on the importance

of dose verification may prevent such occurrences.

(Contact: Susanne Woods, NMSS, 301-415-7267)

FEDERAL REGISTER NOTICES

(May 1, 1995-August 1, 1995)

GENERAL NOTICES

"Governor's Designees Receiving Advance

N6tification of Transportation of Nuclear

Waste" (annual update of list), 60 FR 34306,

June 30, 1995.

POLICY STATEMENTS

"Revision of the NRC Enforcement Policy,"

60 FR 34381, June 30, 1995.

Contact:. .

James Lieberman, OE, 301-415-2741

PETITIONS FOR RULEMAKING (All Parts are

from 10 CFR.)a

Part 72, "Maryland Safe Energy Coalition;

Denial of Petition," 60 FR 38286, July 26,

1995.;-

Contact:

Gordon E. Gundersen, RES, 301-415-6195

DRAFT REGULATORY GUIDES (NOTICE

OF 'AVAILABIIL )- .. i 1 t . , I , 

DG-0008, 'Applications for the Use of Sealed

Sources in Portable Gauging Devices," 60 FR

29719, June 5,; 1995.:;

PROPOSED RULES (All Parts are from 10

CFR.) ;,,

Part 9, "Revision of Specific Exemptions

under the Privacy Act," 60 FR 38282, July 26,

1995.

Contact:

Jona L. Souder, ADM, 301-415-7170

FINAL RULES (All Parts are from 10 CFR.)

Parts 2, 19, 20, 30, 32, 40, 50, 51, 60, 61, 70, 71

72, 73, 74, 76, and 150, "Changes to NRC

Addresses and Telephone Numbers," 60 FR

24549, May 9, 1995.

Contact:.

Michael T Lesar, ADM, 301-415-7163

Part 20, "Low-Level Waste Shipment Manifest

Information and Reporting; Correction," 60

FR 25983, May 16, 1995.

Contact:

Mark Haisfield, RES, 301-415-6196

Parts 11 and 25, "NRC Licensee Renewal/

Reinvestigation Program" (access authorizations), 60 FR 26355, May 17, 1995.,

Contact:,.

James J. Dunleavy, ADM, 301-415-7404

Part 34, 'Performance Requirements for

Radiography Equipment," 60 FR 28323,

May 31, 1995.

Contacts:

Thomas Rich, NMSS, 301-415-7893;

J. Bruce Carrico, NMSS, 301-415-7826

Parts 170 and 171, "Revision of Fee Schedules;

100% Fee Recovery, FY 1995," 60 FR 32218,

June 20,'1995.

Contact:

James Holloway, OC, 301-415-6213

Part 72 "Emergency Planning Licensing

Requirernents for Independent Spent Fuel

Storage Installations (ISFSIs) and Monitored

Retrievable Storage (MRS) Facilities," 60 FR

32430, June 22,- 1995.

Contact:

Michael T Jamgochian, RES, 301-415-6534

Part 2, "Policy and Procedure for Enforcement

Actions; Removal," 60 FR 34380, June 30,

1995.

Contact:

James Lieberman, OE, 301-415-2741

Parts 19 and 20, "Radiation Protection

Requirements: Amended Definitions and

Criteria," 60 FR 36038, July 13, 1995.

Contact:

Alan Roecklein, RES, 301-415-6223

Part 110, "Import and Export of Radioactive

Waste," 60 FR 37556, July 21, 1995.

i

i 

!'

8
Contact:

Ronald Hauber, 0IP, 301-415-2344.

Parts 30, 40, 70, and 72, "Clarification of

Decommissioning Funding Requirements,"

60 FR 38235, July 26, 1995.

Contact:

Mary L; Thomas, RES, 301-415-6230

(General Contact: Kevin Ramsey, NMSS,

301-415-7887)

GENERIC COMMUNICATIONS ISSUED

(May 1, 1995-August 1, 1995).

--

Note that these are only summaries of U.S. -

Nuclear Regulatory Commission 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.

Administrative Letters (ALs)

AL (unnumbered), "Final Revisions to

10 CFR Parts 170 and 171 on license, Inspection, -and Annual Fees for FY 1995," June 19,

1995.;

This letter explains the changes contained in

the final fee rule for fiscal year 1995 and

includes a copy of the rule. The fees forfmost

NMSS licensees have been reduced.

Contact:

C. James Holloway, OC, 301-415-6213

AL 94X13; Revision 1, 'Access to Nuclear -

Regulatory Bulletin Board Systemrs," June 29,

1995.;,

This leiterupdates information provided in:.

the original letter concerning the availability

of NRC computer bulletin board systems.

Contacts: . . . -

Andrew J. Kugler, NRR, 301-415-2828

Kevin Ramsey, NMSS, 301-415-7887;

AL (unnumbered), "NRC Policy. on Communications between the NRC and Licensees," 

July 12 1995. : --

- . ..

This letter provides the policy statement on

open communications between licensees and

NRC staff, and states that inappropriate

actions by NRC staff against licensees who

communicate concerns to the Agency will not 

be tolerated. -

Contact: -

Kevin M. Ramsey, NMSS, 301-415-7887.

Information Notices (INs)

IN 95-25, "Valve Failure during Ieatment

with Gamma Stereotactic Radiosurgery Unit,"

May 11, 1995.:

This notice alerts addressees to an incident in

which the patient couch of a Leksell Gamma

System Model 23016 ("gamma knife") unit

failed to retract from the treatment position

because of a-valve failure on the hydraulic

system of the unit. -

Contact: .

Patricia K Holahan, NMSS, 301-415-7847

IN 95-28, "Emplacement of Support Pads for

Spent Fuel Dry Storage Installations at

Reactor Sites," June 5, 1995.

: This notice reminds addressees of the

importance of complying with all conditions

and requirements specified in 10 CFR ' 72.212(b) and other regulations before using

certified casks under the provisions of the

general license in Part 72. :

Contacts: .

F. Sturz, NMSS, 301-415-7278

M. Gamberoni, NRR, 301-415-3024 * ; * , 

IN 95-29, "Oversight of Design and

Fabrication Activities for Metal Components

Used in SpentFuel Dry;Storage Systems,"

: June 7, 1995. -

This notice alerts addressees t6 shoricomings

found in the oversight of design and

fabrication activities foi metal components

used in spent fuel dry storage systems.

Contacts: :

Stephen C. O'Connor,- NMSS, 301-415-7878

Stephen S. Koinick, NRR, 301-415-2841

9,
SUMMARY OF EVENT-RELATED REPORTING REQUIREMENTS, INTENDED TO HELP MATERIAL LICENSEES BE MORE AWARE

OF THEM (SI units used only when cited requlations contain them.)

10 CFR REPORTABLE EVENT TO WHOM? WHEN?

20.1906(dXl)

(dX2)

20.2201(aXlXi)

(aXlXii)

20.2202(aXl)

(bXl)

20.2202(aX2)

(bX2)

Removable contamination on package > limits in 10 CFR 71.87.

Radiation levels on package > limits in 10 CFR 71.47.

Lost/stolen/missing material> 1000 X App. C value.

Lost/stolen/missing material> 10 X App. C value.

Exposure (real or threatened) >" TEDE of 25 rem (0.25 Sv), or LDE

of 75 rem (0.75 Sv),'or SDE (WB or ME) of 250 rads (2.5 Gy).*

Exposure (real or threatened) > -TEDE of 5 rem (0.05 Sv), or.LDE

of 15 rem (0.15 Sv), or SDE(W or ME) of 50 rads'(0.5 Gy).*

Release where individual could have intake > 5 X ALI over 24 hours.*

Release where individual could have intake > 1 X ALI over 24 hours.*

Final delivery carrier &

Regional Administrator

NRC Operations Center

(Both events)

NRC Operations Center &

Regional Administrator

(Both events)

NRC Operations Center &

Regional Administrator

(Both events) 

(1) Immediately

(2) Immediately

(i) Immediately

(ii) 30 days ,,

(aXi) Immediately

(bXl) 24 hours

(aX2) Immediately

(bX2) 24 hours

0o

21.21(aX2)

(c)

30.9(b)

30.34(h)

30.50(a)

30.50(bXl)

30.50(bX2)

30.50(bX3)

Interim evaluation report-basic component may be defective or

may not comply with procurement document.

Receipt of information reasonably indicting that a basic component

is defective or fails to comply with its procurement document.

Receipt of any information having significant implication for public

health and safety

The filing of any petition for bankruptcy by or against the licensee,

its parent, or an affiliate.

Event that prevents immediate protective actions necessary to avoid

overexposure or releases.

Unplanned contamination requiring access to be restricted for

more than 24 hours (for reason other than decay of isotopes with

half-lives < 24 hours).

Safety equipment, required by license or regulation, is disabled or

fails to function when'equipment is required to be available and

operable and no redundant equipment is available and operable.

Unplanned treatment in medical facility of contaminated individual.

(aX2) Document Control Desk

and Regional Administrator

(c) NRC Operations Center

Regional Administrator

Regional Administrator.'

NRC Operations Center

NRC Operations Center

NRC Operations Center

NRC Operations Center

(aX2) 60 days

(c) 2 days

2 days

Immediately

Within 4 hours

of discovery

Within 24 hours

of discovery

Within 24 hours

of discovery

Within 24 hours

of discovery
10 CFR REPORTABLE EVENT I I. TO WHOM- WHEN?

30-50(bX4)

30.55(c)

3425(d)

34.30(a)

35.33(aXl)

Unplanned fire or explosion damaging licensed material or any device, container, or equipment containing licensed material.

Attempted theft or unlawful diversion of tritium > 10 curies,'

(370 GBq) at one time, or > 100 curies (3700 GBq) in a year.

Leak test result > 0.005 microcuries (185 Bq).*

Source disconnect, inability to retract source, or failure of

any component critical to safety.

Medical misadministration.

1. 

I- . I I .. - . I I I I . .I . I .-I .-  I I

* '- NRC Operations Center ^ Within 24 hours '' '' '_, ', ' . of discovery

-' ' Regional Administrator Immediately

Director, Office of Nuclear- Within 5 days Material Safety and Safeguards,' of test

& Regional Administrator:

Medical, -Academic, and.: Within 30 days Comiiiercial Use Safety . of event

Branch; & the Director, Office

forAnalysis and Evaluation of

Operational Data '

NRC Operations Center . Next calendar da

* ' .: 'after discovery y

L 35.59(eX2)

36.83(a)

39.35(dX2)

39.77(a)

39.77(c)

Leak test result > 0.005 microcuries (185 Bq).*

Irradiator events listed in 10 CFR 36.83 (aXi) - (aX10), if not

reported under other NRC regulations.

- Director Office of Nuclea

Material Safety and Safegi

& Regional Administrator

Leak test result > 0.005 microcuries (185 Bq).*

I

-j I ,

NRC Operations Center

Regional.-Office

'Regional Office'.

Regional Office

r-- Within 5 daysuards, of test

Within 24 hours,

of discovery -

Within 5 days

of discovery

-Immediately

When apparent,,

that recovery not

possible

Ruptured well-logging source. -'

Irretrievable well-logging source.

(Contact: Kevin Ramsey, NMSS, 301415-7887) -

Note:

TEDE

SDE

ME

Sv

FBq

- total effective dose equivalent. - shallow dose equivalent. - maximum extremity. - sievert. = giga becquerel (109).

LDE

WB

ALI

Bq

eye (or lens) dose equivalent. - whole body. - annual limit on intake. - becquerel.

.. ,, ,- - . .1 
if 

A SAMPLING OF SIGNIFICANT EVENTS

REPORTED TO NRC BY NRC MATERIAL

LICENSEES (SECOND QUARTER CY L995)

Event 1: Multiple Medical Brachytherapy

Misadministration

Date Reported: June 2, 1995

Licensee: Madigan Army Medical Center

Fort Lewis, Washington

From February 1994 through May 1995, four

patients were prescribed brachytherapy procedures and received doses other than those

prescribed because of the same computer input

error. Details of the misadministrations are as

follows:

Patient A: The patient was prescribed a dose of

2800 centigray (cGy) (2800 rad) for a

gynecological brachytherapy treatment, but received a dose of about

1680 cGy (1680 rad) instead.

Patient B: Event 1-The patient was prescribed

a dose of 1600 cGy (1600 rad) for lung

treatment, but received a dose of

about 2128 cGy (2128 rad) instead.

L

UNITED STATES

NUCLEAR REGULATORY COMMISSION

WASHINGTON, D.C. 20555-0001

Event 2-On another day, the same

patient was prescribed a dose of 1500

cGy (1500 rad) for lung treatment, but

received a dose of about 2350 cGy

(2350 rad) instead.

Patient C: The patient was prescribed a dose of

3000 cGy (3000 rad) for gynecological

treatment, but received a dose of

about 5142 cGy (5142 rad) instead.

Patient D.' The patient was prescribed a dose of

1500 cGy (1500 rad) for a biliary tract

treatment, but received a dose of

about 2050 cG (2050'rad) instead.

The licensee does not expect the patients to

experience any adverse health effects as a result of

the misadministrations. Based on NRC's initial:

review, the probable causes of the treatment' 

errors were failures to: (1) independently. check

the'data input to the computerized treatment

planning system; (2) independently check dose;

rate calculations generated by the planning system; and (3) adequately train licensee staff. The

physics staff at the medical center promptly corrected the calculations, and took steps to ensure

that appropriate data will be used for future

treatment plans. il

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