Office of Nuclear 

Material Safety

and Safeguards

NMSS Licensee Newsletter

(December 2002)

Contents Page

1. NRC Signs Memorandum of

Understanding with EPA . . . . . . . . . . . . . . . 1

2. Location of NRC Forms NRC Licensees

Will Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

3. Significant Events . . . . . . . . . . . . . . . . . . . 2

4. Significant Enforcement Actions . . . . . . . . 3

5. Generic Communications Issued

(August 1, 2002–October 31, 2002). . . . . . 6

6. Selected Federal Register Notices 

(August 1, 2002–November 30, 2002). . . . 8

NUREG/BR-0117

No. 02-4

December 2002

U.S. Nuclear 

Regulatory 

Commission

NRC SIGNS MEMORANDUM OF 

UNDERSTANDING WITH EPA

On October 9, 2002, the U.S. Nuclear Regulatory 

Commission (NRC) signed an agreement with the 

U.S. Environmental Protection Agency (EPA) on the 

radiological decommissioning and decontamination 

of NRC-licensed sites. The Memorandum of 

Understanding (MOU) is located on NRC’s 

external website at: http://www.nrc.gov/reading-rm/

doc-collections/news/2002/mou2fin.pdf.

The MOU provides that EPA will defer 

exercise of authority under the Comprehensive 

Environmental Response, Compensation and 

Liability Act (Superfund) for the majority of 

facilities decommissioned under NRC authority. It 

includes provisions for NRC and EPA consultation 

for certain sites when, at the time of license 

termination: (1) groundwater contamination exceeds 

EPA-permitted levels; (2) NRC contemplates 

restricted release or alternate criteria for release 

of the site; and/or (3) residual radioactive soil 

concentrations exceed levels defined in the MOU. 

The MOU does not impose any new requirements on 

NRC licensees and will reduce the involvement of 

EPA with NRC licensees that are decommissioning. 

Although the MOU reduces dual jurisdiction, NRC 

will continue efforts to seek legislation that would 

eliminate the possibility of dual regulation of all 

NRC decommissioning licensees. It has conducted 

a number of outreach activities on the MOU, 

including a November 5, 2002, public meeting at 

NRC Headquarters. 

(Contact: Eric Pogue, NMSS, 301-415-6064; 

e-mail: erp@nrc.gov)

LOCATION OF NRC FORMS NRC 

LICENSEES WILL USE

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

forms/)

Electronic versions of U.S. Nuclear Regulatory 

Commission (NRC) forms NRC licensees will use 

are located on the publicly available NRC web 

page. The web page is located within: Home > 

Electronic Reading Room > Document Collections 

> NRC Forms; or Home > Site Help > Index A-Z > 

F Entries. These forms are distinctly separate from 

the electronic versions of NRC forms located in 

Informs and are used internally by NRC staff. The 

Informs versions are interactive forms within NRC’s 

Information Technology environment. The publicly 

NMSS Licensee Newsletter
2 

available forms are portable document format (PDF) 

and may be viewed with Adobe Reader and then 

printed directly from the web page. As PDF, the 

forms are not interactive (e.g., a licensee would print 

the blank PDF version and then record data onto the 

paper copies of the forms to be sent to NRC). Soon, 

these PDF forms will be upgraded to PDF-fillable 

forms that a licensee may complete electronically, 

print, sign, and mail to NRC. PDF-fillable forms 

may be electronically saved with Adobe Acrobat 

(the full version); otherwise a licensee would need 

to return to the publicly available NRC web page 

on each occasion a form is needed. In all cases, a 

licensee should retain a photocopy of the completed 

form that was sent to NRC.

Alternatively, a licensee may order preprinted 

versions of commonly used forms by contacting 

FORMS@NRC.GOV, or Beverly Martin 

(301-415-5877). Orders can be accommodated for 

small or large quantities (e.g., one or two copies, or 

100 or 200 copies). 

For example, 10 CFR Part 20, Appendix G— 

“Requirements for Transfers of Low-Level 

Radioactive Waste Intended for Disposal at Licensed 

Facilities and Manifests,” refers to NRC Forms 

540, 540A, 541, 541A, 542, and 542A, which a 

licensee would use to complete shipping papers, 

manifests, and container descriptions and contents 

for shipments of low-level radioactive waste. The 

Office of the Chief Information Officer recently 

hyperlinked these forms in Appendix G to make 

them readily accessible to licensees. These forms 

are available from the contacts noted above, as prelabeled, multi-copy, pressure-sensitive packs and 

may be ordered as a few packs or in large quantities 

(100 packs per bundle). Each pack includes a 

labeled copy that is designated as the licensee’s 

copy. Instructions for completing these forms are 

contained in NUREG/BR–0204 (Revision 2, July 

1998), which is also available from the contacts 

indicated above.

Individuals may access several NRC forms that are 

commonly used by licensees, e.g., NRC Form 3, 

“Notice to Employees” (8/1999), provides basic 

information about NRC and employer roles and 

responsibilities for radiation protection, rights and 

responsibilities of workers, the NRC inspection 

program, and how to contact NRC with complaints 

or concerns about radiation safety. NRC Forms 4 

and 5 are used, respectively, for recording 

lifetime radiation exposure history and annual 

radiation exposure.

Materials licensees may access NRC Form 313 

to apply for materials licenses or amendments to 

their existing licenses, under 10 CFR Part 30. In 

particular, NRC Form 313A is needed to document 

an applicant’s training and experience and 

preceptorship related to medical use of byproduct 

material, as required under 10 CFR Part 35. NRC 

Form 241 is important for an Agreement State 

licensee proposing to conduct licensed activities 

within NRC jurisdiction. 

A fuel cycle licensee may obtain NRC Forms 237 

and 277, which are needed to authorize certain 

individuals who need access to their facilities. Also 

NRC Forms 327, 741, 742, and 742C are available 

for reporting and recording inventory, transfer, and 

receipt of licensed material. The NRC web page 

also lists forms needed by certain NRC licensees 

that report information to the International Atomic 

Energy Agency. 

There are many more NRC forms listed, in addition 

to those indicated above. Individuals should review 

the list to find forms that they may need in the 

future and place bookmarks pointing to the web 

pages noted above. Also, individuals should use 

the contacts indicated above to forward helpful 

recommendations to NRC.

(Contact: Thomas Young, 301-415-5795; e-mail: 

tfy@nrc.gov)

SIGNIFICANT EVENTS

The U.S. Nuclear Regulatory Commission (NRC) 

is providing summaries of these events to inform 

licensees of conditions they may encounter and of 

actions that may be taken to deal with them.

Event 1: Unintended radiation exposure because of 

loss of control of byproduct material

Date and Place: October 5, 2001; Research Medical 

Center; Kansas City, Missouri.
3

Nature and Probable Consequences: The licensee 

reported an event involving the failure to remove 

an Iridium-192 (Ir–192) seed, completion of a 

procedure, and the temporary loss of another 

Ir–192 seed. Each Ir–192 seed used in the treatment 

contained an activity of approximately 32.9 

megabecquerel (0.89 millicuries). The prescribed 

treatment was the delivery of 1300 centigray (rad) 

to a gynecological tumor. One of 10 seed ribbons 

was applied to the tumor site, using a sharp hollow 

needle of large enough diameter at the end to allow 

the ribbon to extend beyond the sharp point. At 

some point during the treatment, this ribbon exited 

beyond the point of the needle and was cut when 

the ribbon was withdrawn after treatment. This 

resulted in one seed being left in the patient and 

another seed falling from the ribbon and becoming 

attached to the authorized user’s clothing. The seed 

that remained in the patient was within the treatment 

area until it was surgically removed. The increase in 

dose delivered to the patient because of the failure 

to promptly remove the seed was determined to be 

approximately 10 centigray (rad), less than 1 percent 

greater than the prescribed dose. The seed that 

became attached to the authorized user’s clothing 

was inadvertently carried out of the patient’s room 

and was later found in the authorized user’s office. 

The maximum potential dose to the authorized user 

was estimated to be 8 centisievert (rem) to the skin 

and 0.22 centisievert (rem) whole body. The event 

was caused by the use of a sharp needle to apply 

the seed ribbon, the failure to perform a prompt 

inventory, and the failure to perform an adequate 

radiation survey.

Actions Taken to Prevent Recurrence

Licensee: To prevent recurrence, the licensee 

modified its procedures such that blunt tipped 

needles will be used to insert seeds, adequate 

radiation surveys will be performed, and seeds will 

be inventoried promptly after removal.

NRC: NRC Region III conducted a special 

inspection on October 11, 2001. A Notice of 

Violation was issued to Research Medical Center 

for the failure to secure, from unauthorized removal 

or access, licensed material stored in unrestricted 

areas; failure to make a radiation survey of a patient 

to confirm that all sources have been removed; and 

failure to promptly count the number of returned 

sources to ensure that all sources were accounted for.

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

e-mail: rjt@nrc.gov)

SIGNIFICANT ENFORCEMENT ACTIONS

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

enforcement program can be accessed via NRC’s 

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

Do.” Documents related to cases can be accessed at 

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

“Documents in ADAMS.” Help in using NRC’s 

Agency-Wide Document Access and Management 

System (ADAMS) is available from the NRC Public 

Document Room, telephone: 301-415-4737 or 

1-800-397-4209. 

Gauges

Reliant Energy (EA-02-225)

On October 31, 2002, a Notice of Violation was 

issued for three Severity Level III violations, 

involving the failures to: (1) properly supervise 

individuals working with licensed radioactive 

materials; (2) employ an individual to perform 

the duties of the Radiation Safety Officer; 

and (3) notify NRC regarding a change in the 

company’s ownership.

ECS, Ltd. (EA-02-200)

On October 3, 2002, a Notice of Violation was 

issued for a Severity Level III violation involving 

the failure to control and maintain constant 

surveillance of licensed byproduct material. 

Specifically, the violation occurred when an 

unattended portable moisture density gauge was 

damaged by construction equipment.

Craig Testing Laboratories, Inc. (EA-02-177)

On September 30, 2002, a Notice of Violation was 

issued for a Severity Level III violation involving the 

failure to control and maintain constant surveillance 

of licensed byproduct material. Specifically, the 

violation occurred when an unattended gauge was 

damaged when it was run over by a forklift.
4 

Alt & Witzig Engineering, Inc. (EA-02-135)

On September 26, 2002, a Notice of Violation 

and Proposed Imposition of Civil Penalty, in the 

amount of $3000, was issued for a Severity Level III 

problem involving the failure to properly prepare 

(block and brace) a moisture density gauge, for 

transport, that resulted in both the gauge being 

lost and the failure to immediately notify NRC. 

Although the civil penalty would have been 

fully mitigated based on the normal civil penalty 

assessment process, a base civil penalty was 

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

Enforcement Policy, to reflect the significance of 

maintaining control of licensed material. 

Montana State University (MSU) (EA-02-156)

On September 26, 2002, a Notice of Violation was 

issued for a Severity Level III violation involving 

the failure to control and maintain constant 

surveillance of licensed byproduct material.

Specifically, a portable gauge containing 

50 millicuries of americium-241 was left unlocked 

and unattended in a shop in MSU’s Agricultural 

Research Center in Huntley, Montana.

Maxim Technologies, Inc. (EA-02-151)

On August 29, 2002, a Notice of Violation and 

Proposed Imposition of Penalty in the amount of 

$3000 was issued for a Severity Level III violation 

involving the failure to secure, from unauthorized 

removal, or limit access to, licensed material 

contained in a portable moisture density gauge, 

and failure to maintain constant surveillance of this 

licensed material.

Catenary Coal Company (EA-02-165) 

On August 21, 2002, a Notice of Violation was 

issued for a Severity Level problem involving the 

removal from service of a fixed gauge by licensee 

personnel who were not licensed to perform 

such service and the failure to assure that the 

shutter mechanism of the gauge was in a closed, 

locked, position. 

Adams Construction Company (EA-02-161)

On August 14, 2002, a Notice of Violation was 

issued for a Severity level III violation involving the 

failure to maintain control and constant surveillance 

of licensed material (a portable gauge) in use at a 

temporary job site, an unrestricted area. 

GME Consultants, Inc. (EA-02-134)

On August 8, 2002, a Notice of Violation was 

issued for a Severity Level III violation involving 

the failure to secure, from unauthorized removal, 

or limit access to, licensed material contained 

in a portable moisture density gauge and two 

sealed sources, respectively, and the failure to 

control and maintain constant surveillance of this 

licensed material. 

Medical

Advanced Medical Imaging and Nuclear Services 

(EA-02-072)

On October 22, 2002, a Notice of Violation and 

Proposed Imposition of Civil Penalty in the 

amount of $43,200 was issued for a Severity Level 

II problem involving willfully using byproduct 

material without an Authorized User, failing to 

appoint a Radiation Safety Officer, and creating 

incomplete and inaccurate records. Although the 

normal civil penalty assessment process would 

have resulted in a base civil penalty, NRC exercised 

discretion in accordance with Section VIIA.3 of 

the Enforcement Policy and assessed a base civil 

penalty for each day the violation continued after 

the licensee’s consultant raised the issue. This 

discretion was warranted based on the egregiousness 

of the violations, the level of management involved, 

the economic benefit of continuing operations, 

and the failure to take corrective action after the 

consultant’s findings. 

Avera McKennan Hospital (EA-02-106)

On October 4, 2002, a Notice of Violation was 

issued for a Severity Level III violation involving 

the licensee’s careless disregard in using licensed 
5

material. The violation involved heating a vial 

containing approximately 250 millicuries of 

technetium-99m on a kitchen stove where Freeman 

Community Hospital personnel were preparing 

meals for patients. The vial broke when being 

removed from the stove, creating a contamination 

incident. The spill was contained and there was no 

significant potential for spread of contamination or 

radiation exposures of kitchen personnel.

Plaza Nuclear Imaging (EA-02-131)

On September 11, 2002, a Notice of Violation 

and Proposed Imposition of Civil Penalty in the 

amount of $3000 was issued for a Severity Level 

III problem involving the willful failure to detect 

radioactive contamination, the failure to survey for 

removable contamination, the failure to test sealed 

sources for leakage, and the failure to monitor the 

external surfaces of incoming labeled packages for 

radioactive contamination.

Radiopharmacy

Bristol-Myers Squibb Radiopharmaceuticals, Inc. 

(EA-02-160) 

On August 22, 2002, a Notice of Violation was 

issued for a Severity Level II problem involving the 

failure to control occupational dose (two operators 

received extremity overexposures) and the failure 

to perform adequate surveys to evaluate radiation 

exposure to the extremities. 

Radiography

Great Lakes Testing, Inc. (EA-02-171)

On October 4, 2002, a Notice of Violation was 

issued for a Severity Level III violation involving 

the failure to have two qualified individuals present 

during radiographic operations at a temporary 

job site.

High Mountain Inspection Service, Inc. 

(EA-01-302)

On September 30, 2002, an Order Imposing 

Civil Monetary Penalty, in the amount of $6000 

was issued. The action was based on a Notice of 

Violation and Proposed Imposition of Civil Penalty 

in the amount of $6000, that was issued on May 7, 

2002, for a Severity Level III problem involving 

multiple failures to ensure that radiography 

activities were conducted in a manner that kept 

radiation exposures within NRC’s limits. The 

licensee’s June 18, 2002, response admitted the 

violations associated with the civil penalty and 

requested remission or at least significant mitigation 

of the proposed civil penalty. After considering 

the licensee’s response, NRC concluded that the 

violations occurred as stated and that there was not 

an adequate basis for mitigating the civil penalty.

Well-Logging

Superior Well Services, Ltd. (EA-02-178)

On October 16, 2002, a Notice of Violation was 

issued for a Severity Level III violation involving 

the failure to secure licensed material that was stored 

in a controlled area. Well-logging sources were 

stored in an unlocked logging truck in the licensee’s 

parking lot. The keys were in the ignition.

Rusty’s Well Services, LLC (EA-02-192)

On September 20, 2002, a Notice of Violation was 

issued for a Severity Level III violation involving 

the failure to file an NRC Form 241, “Report of 

Proposed Activities in Non-Agreement State, Areas 

of Exclusive Federal Jurisdiction, or Offshore 

Waters”; copies of its Agreement State-specific 

license; or the appropriate fee, before performing 

well logging services in a non-Agreement State.

Other

Glock, Inc. (EA-02-193)

On September 26, 2002, a Notice of Violation was 

issued for a Severity Level III problem involving the 

importation of byproduct material without a general 

or specific license to possess byproduct materials 

from either NRC or an Agreement State and the 

initial distribution of self-luminous gun sights to 

persons exempt from licensing without a specific 

license authorizing this distribution. 
6 

Meprolight, Inc. (EA-02-120)

On September 9, 2002, a Notice of Violation 

and Proposed Imposition of Civil Penalty in the 

amount of $3000 was issued for a Severity Level III 

violation involving willfully distributing devices 

containing byproduct material (tritium) without 

being authorized by a specific license to do so.

Framatome ANP, Inc. (EA-02-099) 

On August 28, 2002, a Notice of Violation and 

Proposed Imposition of Civil Penalty in the amount 

of $15,000 was issued for a Severity Level III 

problem involving multiple failures related to a loss 

of criticality safety control event.

Individual Actions

Kenneth M. Baab (IA-02-018)

On October 22, 2002, an immediately effective order 

prohibiting involvement in NRC-licensed activities 

was issued to the individual, based on his deliberate 

activities while employed at Advanced Medical 

Imaging and Nuclear Services. As Vice President, 

the individual deliberately caused the licensee to 

violate requirements by using byproduct material 

without an Authorized User, failing to appoint a 

Radiation Safety Officer, and creating incomplete 

and inaccurate records. 

Chitranjan Patel (IA-02-019)

On October 22, 2002, an immediately effective order 

prohibiting involvement in NRC-licensed activities 

was issued to the individual based on his deliberate 

activities while employed at Advanced Medical 

Imaging and Nuclear Services. As Chief Operating 

Officer, the individual deliberately caused the 

licensee to violate requirements by using byproduct 

material without an Authorized User, failing to 

appoint a Radiation Safety Officer, and creating 

incomplete and inaccurate records.

Perry M. Beale (IA-02-017)

On September 23, 2002, an immediately effective 

Order prohibiting involvement in NRC-licensed 

activities was issued to the individual based on his 

deliberate actions in providing false information, 

including xenon gas clearance rate calculations 

and dose calibrator accuracy evaluations, while 

employed as a consultant in the field of health 

physics to multiple hospitals in Virginia and 

West Virginia.

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

slm2@nrc.gov)

GENERIC COMMUNICATIONS ISSUED

(August 1, 2002–October 31, 2002)

Note that these are only summaries of U.S. 

Nuclear Regulatory Commission (NRC) generic 

communications. If one of these documents appears 

relevant to your needs and you have not received it, 

please call one of the technical contacts listed below. 

The Internet address for the NRC library of generic 

communications is – http://www.nrc.gov/reading-rm/

doc-collections/gen-comm/index.html. Please 

note that this address is case-sensitive and must be 

entered exactly as shown.

Information Notices (INs)

IN 2002-28, “Appointment of Radiation Safety 

Officers and Authorized Users under 10 CFR 

Part 35,” was issued on September 27, 2002. This 

notice was issued to all medical licensees to inform 

them of the importance of ensuring that Radiation 

Safety Officers (RSOs) and Authorized Users are 

appointed with the individuals’ knowledge and 

consent. This IN is also being issued to inform 

licensees of the new requirement affecting the 

appointment of RSOs under the revised 10 CFR 

Part 35, “Medical Use of Byproduct Material.” 

(Contact: Ivelisse Cabrera, NMSS, 301-415-8152; 

e-mail: imc1@nrc.gov)

Regulatory Issue Summaries (RIS’)

RIS 2002-12C, “Decommissioning Power Reactors 

and Independent Spent Fuel Storage Installations 

Using Wet Storage—NRC Threat Advisory and 

Protective Measures System,” was issued on 

August 19, 2002. This summary was issued to all 

decommissioning power reactors and independent 

spent fuel storage installations using wet storage 

to inform them of changes to the descriptions of 

the various threat advisory conditions and provide 
7

guidance that addressees may use in preplanning 

graded protective measures to respond to changes 

in the threat environment. This RIS supersedes 

Information Notice 98-35, “Threat Assessments and 

Consideration of Heightened Physical Protection 

Measures” (dated September 4, 1998).1

(Contact: Robert Manili, NSIR, 301-415-2912; 

e-mail: rbm1@nrc.gov)

RIS 2002-12E, “Category I Fuel Facilities—NRC 

Threat Advisory and Protective Measures System,” 

was issued on August 19, 2002. This summary 

was issued to all category I fuel facilities to 

inform them of changes to the descriptions of the 

various threat advisory conditions and provide 

guidance that addressees may use in preplanning 

graded protective measures to respond to changes 

in the threat environment. This RIS supersedes 

Information Notice 98-35, “Threat Assessments and 

Consideration of Heightened Physical Protection 

Measures” (dated September 4, 1998).1

(Contact: Andrew Rayland, NSIR, 301-415-8102; 

e-mail: adr@nrc.gov)

RIS 2002-12G, “Conversion Facility—NRC Threat 

Advisory and Protective Measures System,” was 

issued on August 19, 2002. This summary was 

issued to the NRC-regulated conversion facility, 

to inform it of changes to the descriptions of the 

various threat advisory conditions and provide 

guidance that addressees may use in preplanning 

graded protective measures to respond to changes 

in the threat environment. This RIS supersedes 

Information Notice 98-35, “Threat Assessments and 

Consideration of Heightened Physical Protection 

Measures” (dated September 4, 1998).1

(Contact: Edward Johannemann, NSIR, 301-

415-8147; e-mail: exj@nrc.gov)

RIS 2002-12H, “Gaseous Diffusion Plants—NRC 

Threat Advisory and Protective Measures Systems,” 

was issued on August 19, 2002. This summary 

was issued to all NRC-regulated gaseous diffusion 

plants, to inform them of changes to the descriptions 

of the various threat advisory conditions and provide 

guidance that addressees may use in preplanning 

graded protective measures to respond to changes 

in the threat environment. This RIS supersedes 

Information Notice 98-35, “Threat Assessments and 

Consideration of Heightened Physical Protection 

Measures” (dated September 4, 1998).1

(Contact: Andrew Rayland, NSIR, 301-415-8102; 

e-mail: adr@nrc.gov)

RIS 2002-12I, “Transportation of Spent Nuclear 

Fuel Greater Than 100 Grams—NRC Threat 

Advisory and Protective Measures System,” was 

issued on August 19, 2002. This summary was 

issued to all power reactor licensees, research and 

test reactor licensees, independent spent fuel storage 

installation licensees, and special nuclear material 

licensees, that ship spent nuclear fuel greater than 

100 grams. The intent of this summary is to inform 

addressees of changes to the descriptions of the 

various threat advisory conditions and provide 

guidance that addressees may use in preplanning 

graded protective measures to respond to changes 

in the threat environment. This RIS supersedes 

Information Notice 98-35, “Threat Assessments and 

Consideration of Heightened Physical Protection 

Measures” (dated September 4, 1998).1

(Contact: Philip Brochman, NSIR, 301-415-8592; 

e-mail: pgb@nrc.gov) 

RIS 2002-15, “NRC Approval of Commercial Data 

Encryption Systems for the Electronic Transmission 

of Safeguards Information,” was issued on 

August 28, 2002. This summary was issued to 

all authorized recipients and holders of sensitive 

unclassified safeguards information (SGI) to provide 

guidance to them on obtaining NRC approval 

of commercial data encryption systems for the 

electronic transmission of SGI.

(Contacts: Nancy Fontaine, NSIR, 301-

415-1253; e-mail: nrf@nrc.gov; Melvyn Leach, 

NMSS, 301-415-7836, e-mail: mnl@nrc.gov.

RIS 2002-12I, Revision 1, “Transportation of Spent 

Nuclear Fuel Greater than 100 Grams—NRC Threat 

Advisory and Protective Measures System,” was 

issued on October 3, 2002. This summary was 

issued to specific power reactor licensees, research 

1 Enclosure 2 of this RIS will not be released to the public 

because it contains Safeguards Information and must be 

accorded the protection required under 10 CFR 73.21.
8 

and test reactor licensees, independent spent fuel 

storage installation licensees, and special nuclear 

material licensees, that possess spent nuclear fuel; 

and general licensees, under 10 CFR 70.20a, that 

transport spent nuclear fuel greater than 100 grams. 

The intent of this summary is to inform addressees 

of changes to the threat advisory conditions 

and protective measures system for their use in 

preplanning graded protective measures to respond 

to changes in the threat environment. Revision 1 

supersedes RIS 2002-12I in its entirety.1

(Contact: Philip Brochman, NSIR, 301-415-8592; 

e-mail: pgb@nrc.gov) 

RIS 2002-18, “Issuance of Orders Imposing 

Additional Physical Protection Measures for the 

Transportation of Spent Nuclear Fuel Greater than 

100 Grams,” was issued on October 3, 2002. This 

summary was issued to all specific power reactor 

licensees, research and test reactor licensees, 

independent spent fuel storage installation licensees, 

and special nuclear material licensees, that possess 

spent nuclear fuel, and general licensees, under 

10 CFR 70.20a, that transport spent nuclear fuel 

greater than 100 grams. The intent of this summary 

is to inform addresses of the issuance of Orders, 

to selected licensees, requiring implementation 

of interim compensatory measures concerning 

the physical protection of shipments of irradiated 

reactor fuel (i.e., spent nuclear fuel). These physical 

protection measures are intended to supplement the 

current physical protection and advance notification 

requirements in 10 CFR 73.37 and 73.72, during the 

current threat environment.

(Contacts: Philip Brochman, NSIR, 301-415-8592; 

e-mail: pgb@nrc.gov; Joe Colaccino, NRR, 301-

415-2753; e-mail: jxc1@nrc.gov; Julie Oliver, 

NMSS, 301-415-2786; e-mail: jao@nrc.gov) 

RIS 2002-12D, “Independent Spent Fuel Storage 

Installations Using Dry Storage—NRC Threat 

Advisory and Protective Measures System,” 

was issued on October 16, 2002. This summary 

was issued to all independent spent fuel storage 

installations using dry storage to inform them 

of changes to the descriptions of the various 

threat advisory conditions and provide guidance 

that addressees may use in preplanning graded 

protective measures to respond to changes in 

the threat environment. This RIS supersedes 

Information Notice 98-35, “Threat Assessments and 

Consideration of Heightened Physical Protection 

Measures” (dated September 4, 1998).1

(Contact: Robert Manili, NSIR, 301-415-2912; 

e-mail: rbm1@nrc.gov)

RIS 2002-19, “New Modalities to be Regulated 

under 10 CFR 35.1000,” was issued on October 21, 

2002. This summary was issued to all medical 

licensees authorized to use byproduct material for 

therapeutic administration to inform them of how 

three specific new modalities will be regulated 

under the revised 10 CFR Part 35, “Medical Use of 

Byproduct Material.”

(Contact: Ivelisse Cabrera, NMSS, 301-415-8152; 

e-mail: imc1@nrc.gov)

(General Contact: Ivelisse Cabrera, NMSS, 

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

SELECTED FEDERAL REGISTER

NOTICES

(August 1, 2002–November 30, 2002)

NOTE: U.S. Nuclear Regulatory Commission 

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

Nuclear Regulatory Commission, Washington, DC 

20555-0001.

FINAL RULES

“Electronic Maintenance and Submission of 

Information,” 67 FR 57084, September 6, 2002. 

(Contacts: John A. Skoczlas, OCIO, 301-415-7186; 

e-mail: jas1@nrc.gov; Brenda J. Shelton, OCIO, 

301-415-7233; e-mail: bjs1@nrc.gov)

“Specification of a Probability for Unlikely 

Features, Events and Processes,” 67 FR 62628, 

October 8, 2002.

(Contacts: Timothy McCartin, NMSS, 

301-415-7285; e-mail: tjm3@nrc.gov; Clark 

Prichard, NMSS, 301-415-6203; e-mail: 

cwp@nrc.gov)
9

“Medical Use of Byproduct Material; Correction,” 

67 FR 62872, October 9, 2002. 

(Contact: Anthony Tse, NMSS, 301-415-6233; 

e-mail: ant@nrc.gov)

“Cost Recovery for Contested Hearings Involving 

U.S. Government National Security Initiatives,” 67 

FR 64033, October 17, 2002.

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

e-mail: rdc@nrc.gov) 

“List of Approved Spent Fuel Storage Casks: 

VSC-24 Revision,” 67 FR 69987, November 20, 

2002 (Direct Final Rule).

(Contact: Jayne M. McCausland, 301-415-6219; 

e-mail: jmm2@nrc.gov)

PROPOSED RULES

“Event Notification Requirements,” 67 FR 54360, 

August 22, 2002. 

(Contact: Tony DiPalo, NMSS, 301-415-6191; 

e-mail: ajd@nrc.gov)

“Transfers of Certain Source Materials by Specific 

Licensees,” 67 FR 55175, August 28, 2002.

(Contact: Gary Comfort, NMSS, 301-415-8106; 

e-mail: gcc1@nrc.gov)

“Financial Assurance Amendments for Materials 

Licensees,” 67 FR 62403, October 7, 2002.

(Contact: Clark Prichard, NMSS, 301-415-6203; 

e-mail: cwp@nrc.gov)

“List of Approved Spent Fuel Storage 

Casks: VSC-24 Revision,” 67 FR 70029, 

November 20, 2002.

(Contact: Jayne M. McCausland, 301-415-6219; 

e-mail: jmm2@nrc.gov)

OTHER NOTICES

“Enforcement Program and Alternative Dispute 

Resolution; Request for Comments and 

Announcement of Public Meetings,” 67 FR 54237, 

August 21, 2002.

(Contact: Barry Westreich, OE, 301-415-3456; 

e-mail: bcw@nrc.gov) 

“Issuance of Draft NUREG-1761 for Public 

Comment,” 67 FR 55280, August 28, 2002.

(Contact: George E. Powers, RES, 301-415-6212; 

e-mail: gep@nrc.gov) 

“National Registry of Radiation Protection 

Technologists; Withdrawal of Petition for 

Rulemaking,” 67 FR 59794, September 24, 2002.

(Contact: Patricia L. Eng, NMSS, 301-415-7206; 

e-mail: ple@nrc.gov)

“Notice of Availability for ‘Consolidated NMSS 

Decommissioning Guidance: Decommissioning 

Process for Materials Licensees (NUREG-1757)’,” 

67 FR 60706–60707, September 26, 2002.

(Contact: Duane W. Schmidt, NMSS, 

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

“Privacy Act of 1974; Republication of Systems of 

Records Notices,” 67 FR 63774, October 15, 2002.

(Contact: Sandra S. Northern, OCIO, 301-415-6879; 

e-mail: ssn@nrc.gov)

“Notice of Availability of NUREG-1556, Vol. 9, 

Consolidated Guidance About Materials Licenses: 

Program-Specific Guidance About Medical Use 

Licenses,” 67 FR 64926, October 22, 2002.

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

e-mail: rwb@nrc.gov)

“Memorandum of Understanding Between the US 

EPA and the US NRC; Consultation and Finality 
10

on Decommissioning and Decontamination 

of Contaminated Sites,” 67 FR 65375, 

October 24, 2002.

(Contacts: Patricia A. Santiago, 301-415-7269, 

e-mail: pas2@nrc.gov; Eric Pogue, 301-415-6064, 

e-mail: erp@nrc.gov; Stuart Walker, Office 

of Emergency and Remedial Response, 

U.S. Environmental Protection Agency, 

Washington, DC 20555, 703-603-8748, e-mail: 

walker.stuart@epa.gov)

“Revision of the NRC Enforcement Policy 

(Part 26),” 67 FR 66311, October 31, 2002.

(Contacts: Garmon West, Jr., NSIR, 301-415-1044, 

e-mail: fitnessforduty@nrc.gov; Renee Pedersen, 

301-415-2742, e-mail: rmp@nrc.gov)

(General Contact: Paul Goldberg, NMSS, 

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

Comments, and suggestions you may have for 

information not currently included, that might be 

helpful to licensees, should be sent to:

E. Kraus

NMSS Licensee Newsletter Editor

Office of Nuclear Material Safety and Safeguards

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

U.S. Nuclear Regulatory Commission

Washington, D.C. 20555-0001