Contents	 Page

1.	 Appointment of Michael Weber as

Director of Nuclear Material Safety

and Safeguards (NMSS) and Eric Leeds

as Deputy Director, NMSS .......................... 1

2. Division of Spent Fuel Storage and

Transportation (SFST) Moves to

New Location .............................................. 2

3. Clarification on Hours Credited Toward

the Training and Experience Requirements

in 10 CFR 35.290 and 35.390 ...................... 2

4. Ensuring Completeness in

Documenting Training and Experience;

and Attestations............................................ 3

5. Medical Events Caused by Errors in Units

of Measurement ........................................... 3

6. Consolidated Guidance About Materials

Licenses for Naturally Occurring

Radioactive Materials and AcceleratorProduced Radioactive Materials.................. 4

7. Status and Plans for Implementation of

NRC Regulatory Authority for Certain

Naturally-Occurring and AcceleratorProduced Radioactive Material ................... 5

8. NRC’s Fuel Cycle Information

Exchange (FCIX) 2007................................ 6

9. Web-based Course “Evaluation of

Dose Modeling for Compliance with

Radiological Criteria for License

Termination” ................................................ 7

10.	 United States Enrichment Corporation (USEC

Inc.) Highlights............................................ 7

11. 	Generic Communications Issued ................. 8

12. 	Significant Events........................................ 9

13. 	Significant Enforcement Actions................. 9

14. 	Selected Federal Register Notices............... 11

APPOINTMENT OF MICHAEL WEBER 

AS DIRECTOR OF NUCLEAR MATERIAL 

SAFETY AND SAFEGUARDS (NMSS) AND 

ERIC LEEDS AS DEPUTY DIRECTOR, 

NMSS

Upon the retirement of Jack Strosnider in March

2007, the U.S. Nuclear Regulatory Commission

(NRC) appointed Michael F. Weber the Director of

Nuclear Material Safety and Safeguards (NMSS). 

Mr. Weber joined the NRC in 1982 in NMSS

where he held a number of progressively more

responsible positions including, Chief, Regulatory

Issues Section; Chief, Low-Level Waste and

Decommissioning Projects Branch; Chief, Fuel

Cycle Licensing Branch; Deputy Director, Division

of Waste Management; Deputy Director, Division

of Fuel Cycle Safety and Safeguards; and Director,

Division of Fuel Cycle Safety and Safeguards. In

2002, he was appointed as the Deputy Director,

Office of Nuclear Security and Incident Response. 

In 2006, Mr. Weber became Deputy Director, Office

of Nuclear Reactor Regulation (NRR). Mr. Weber

has also served as a Technical Assistant to former

Chairman Carr and as Executive Assistant to former

Chairman Jackson. Of his 25 years at the NRC, he

has served about 17 years in NMSS. Mr. Weber is a

graduate of the Senior Executive Service Candidate

Development Program and received a B.S. degree in

Geosciences from the Pennsylvania State University. 

He received the NRC Meritorious Service Award in

1993, the interagency William A. Jump Meritorious

Award in 1996, and Meritorious Executive Rank

Awards from President Clinton in 2000 and

President Bush in 2006.

Eric J. Leeds was selected as the Deputy Director,

NMSS, following the retirement of Margaret

Federline in February 2007. Mr. Leeds began his

career in the United States Navy where he served

Protecting People and the Environment

UNITED STATES NUCLEAR REGULATORY COMMISSION

LICENSEE NEWSLETTER

NUREG/BR-0117

No. 07-01

MAY 2007

Office of Nuclear Material Safety and Safeguards

Office of Federal and State Materials and Environmental Management Programs
as a nuclear trained officer. In 1984, Mr. Leeds

joined the NRC and held a number of progressively

more responsible positions in the Offices of Nuclear

Reactor Regulation (NRR) and the former Analysis

and Evaluation of Operational Data, including

serving as a reactor systems engineer, an inspection

team member, project manager, technical assistant

and senior assistant, and inspection Section Chief. 

He also served as Chief in both the Licensing

and Technical Review Sections, in the Spent Fuel

Project Office, NMSS. In 2000, Mr. Leeds was

appointed to the position of Branch Chief, Special

Projects Branch, Division of Fuel Cycle Safety and

Safeguards, NMSS. In 2003, he became Deputy

Director, Division of Licensing Project Management,

NRR, and in 2004, he was selected as the Director,

Division of Preparedness and Response, Office of

Nuclear Security and Incident Response. He is a

2001 graduate of NRC’s Senior Executive Service

Candidate Development Program and holds a B.S.

degree in Mechanical Engineering from Villanova

University. In 2005, he received the Meritorious

Executive Rank Award from President Bush.

(Contact: Dave Pstrak, Office of Nuclear Material

Safety and Safeguards, 301-415-7260; e-mail: 

dwp1@nrc.gov)

DIVISION OF SPENT FUEL STORAGE 

AND TRANSPORTATION (SFST) MOVES 

TO NEW LOCATION

The U.S. Nuclear Regulatory Commission has

acquired additional office space near its White Flint

complex in Rockville, MD, to accommodate its

expanding staff. The Office of Nuclear Material

Safety and Safeguards (NMSS) will be occupying

this office space and will be moving in a phased

approach. SFST is the first NMSS division to

relocate and did so in late March 2007. The

remaining NMSS divisions will move to the same

location over the next few months.

SFST is now located at 6003 Executive Boulevard,

Rockville, MD. Mail sent directly to staff at

this location should be mailed to: U.S. Nuclear

Regulatory Commission, Mail Stop 6003 3-D02M,

Washington, DC 20555. This information does not

change the official addresses for submissions and

notifications as stated in the regulations. 

The main SFST phone number is (301) 492-3300

and the number for facsimile transmissions is (301)

492-3348. Electronic mail addresses for SFST staff

remain unchanged.

For individuals planning to meet or visit with

staff at this new location, please contact SFST for

directions, parking, and access information.

(Contact: Bernard White, Office of Nuclear Material

Safety and Safeguards, 301-492-3303; e-mail: 

bhw@nrc.gov)

CLARIFICATION ON HOURS CREDITED 

TOWARD THE TRAINING AND 

EXPERIENCE REQUIREMENTS IN 10 

CFR 35.290 AND 35.390

10 CFR 35.290, “Training for imaging and

localization studies,” and 10 CFR 35.390, “Training

for use of unsealed byproduct material for which a

written directive is required,” establish requirements

for physicians who are seeking to become authorized

users (AU) of unsealed byproduct material for

the uses authorized under §35.200 and §35.300,

respectively. The U.S. Nuclear Regulatory

Commission (NRC) has received inquiries about the

interpretation of the type of work experience that

could be credited toward the required 700 hours of

training and experience (T&E) in 10 CFR 35.290

and 35.390 for physicians seeking to become AUs.

The regulatory requirements refer to two categories

of training: (a) classroom and laboratory training,

and (b) supervised work experience. All hours

credited to “classroom and laboratory training”

must relate directly to radiation safety and safe

handling of byproduct material. NRC will broadly

interpret “classroom and laboratory training” to

include various types of instruction, including

online training, as long it meets the specific clock

hour requirements and the subject matter relates

to radiation safety and safe handling of byproduct

material for the uses for which authorization is being

requested.

The “supervised work experience” must include,

but is not limited to, the subject areas listed in the

applicable T&E requirements in 10 CFR 35.290

and 35.390. The NRC recognizes that physicians

in training may not dedicate all of their “supervised

work experience” time specifically to the subject
areas listed in the regulatory requirements and will

be attending to other clinical activities involving the

medical use of byproduct material (e.g., reviewing

case histories or interpreting scans). Hours spent on

these other duties not directly related to radiation

safety or hands-on use of byproduct material, even

though not specifically required by the NRC, may be

credited toward the “supervised work experience”

category to obtain the required total of 700 hours

of T&E, but not to the “classroom and laboratory

training” category.

(Contact: Cindy Flannery, Office of Federal and

State Materials and Environmental Management

Programs, 301-415-0223; e-mail: cmf@nrc.gov)

ENSURING COMPLETENESS IN 

DOCUMENTING TRAINING AND 

EXPERIENCE; AND ATTESTATIONS

Individuals seeking to become an authorized

user (AU), Radiation Safety Officer (RSO),

authorized nuclear pharmacist (ANP), or authorized

medical physicist (AMP) under the alternate

pathway are required to submit documentation

of training and experience (T&E), and a written

preceptor attestation stating that the individual has

satisfactorily completed the appropriate T&E criteria

and has achieved a level of competency (or a level

of radiation safety knowledge for proposed RSOs) to

function independently. The documentation of T&E,

and the attestation can be accomplished either by

completing the appropriate NRC Form 313A for the

particular authorization that he or she is seeking, or

by submitting equivalent documentation.

Recently, the NRC has received a number of

deficient NRC Forms 313A from applicants that

lacked a significant amount of information required

by the regulations, or were not completed correctly. 

For example, the number of clock hours was

not documented for each of the required subject

areas in the applicable regulations. Also, there

have been cases where applicants have submitted

equivalent documentation, in lieu of the NRC Form

313A, and the documentation did not include all

of the information from the applicable regulatory

requirements. For example, a preceptor did not

cite the correct regulation when attesting to the

proposed individual’s T&E. In another case, a

preceptor attested that the proposed RSO completed

the required T&E, but did not attest that the

individual had achieved a level of radiation safety

knowledge sufficient to function independently

as an RSO. In yet another case, an attestation

was determined to be invalid because the RSO

preceptor failed to recognize the T&E requirements,

and inappropriately attested that the applicant

had satisfactorily completed the requirements to

become an RSO when in fact the applicant had

not. The pathway under which the applicant was

seeking RSO status required the applicant to be

listed as an AU on a medical use license, but the

applicant had never been an AU. If the attestation

had been completed correctly, and had included all

of the required information, in accordance with the

regulatory requirements, the preceptor RSO could

have realized that the applicant had not met NRC’s

T&E requirements before signing the attestation.

When applying for authorization as an AU,

RSO, ANP or AMP under the alternate pathway,

medical use licensees are encouraged to refer to the

“Licensing Guidance for Using the NRC Form 313A

Series of Forms” (even in cases where applicants are

electing to use equivalent documentation in lieu of

the NRC Form 313A) which provides instructions

on all of the necessary information required by the

NRC. This guidance can be found on the NRC’s

public web site at http://www.nrc.gov/materials/

miau/licensing-guidance-form313a.pdf. The NRC

Form 313A series can be found at http://www.nrc.

gov/reading-rm/doc-collections/forms/.

(Contact: Cindy Flannery, Office of Federal and

State Materials and Environmental Management

Programs, 301-415-0223; e-mail: cmf@nrc.gov)

MEDICAL EVENTS CAUSED BY ERRORS 

IN UNITS OF MEASUREMENT

In 2006, there were three reported medical events

caused by errors in activity units resulting in doses

that were 26-28% higher than prescribed. One case

was the result of a data entry error in which the

intended value of seed activity in units of millicuries

(mCi) was actually specified in the treatment

planning system in units of air kerma strength (U). 

More specifically, the intended value of 0.34 mCi

per seed was actually entered into the software as
0.34 U per seed, which equates to 0.27 mCi per

seed. Based on a lower seed activity, the treatment

planning system calculated a higher quantity of

seeds needed to deliver the intended dose, but the

seeds were ordered with the higher activity of 0.34

mCi per seed. Consequently, a total activity 26%

more than intended was implanted into the patient. 

In the second case, the treatment planning system

calculated an activity of 0.394 mCi (0.5 U) per

seed, but the licensee ordered 0.5 mCi per seed,

resulting in the patient receiving an implant with a

total activity 27% higher than intended. The third

event was caused by the manufacturer delivering

an activity of 0.4 mCi per seed when the licensee

actually ordered seeds with an activity of 0.4 U per

seed, resulting in the patient receiving an implant

with a total activity 28% higher than intended. 

There have been several additional reported medical

events of this type prior to 2006. Although the

details of the medical events varied, the root cause

for all of these events was human error, not the

design of the equipment.

As a measure for prevention of these types of

medical events, the units of activity (mCi vs. U)

of the seeds received from the manufacturer and

the units of activity of the seeds in the prescribed

treatment should be double checked prior to

implantation. Dual checks should also be made

on the correctness of the ordered activity and

the total activity received. Precautions can also

be taken by developing working procedures that

require key processes to be subject to independent

confirmation. Licensees are reminded to refer

to the software manufacturer for the appropriate

methods of data entry. Effective communications

between all involved persons (e.g. licensee staff,

seed manufacturer, treatment planning software

manufacturer) is vital to an effective process.

(Contact: Cindy Flannery, Office of Federal and

State Materials and Environmental Management

Programs, 301-415-0223; e-mail: cmf@nrc.gov)

CONSOLIDATED GUIDANCE 

ABOUT MATERIALS LICENSES 

FOR NATURALLY OCCURRING 

RADIOACTIVE MATERIALS AND 

ACCELERATOR- PRODUCED 

RADIOACTIVE MATERIALS 

The U.S. Nuclear Regulatory Commission (NRC)

is amending its regulations to include jurisdiction

over certain radium sources, accelerator-produced

radioactive materials, and certain naturally occurring

radioactive material, as required by the Energy

Policy Act of 2005 (EPAct), which was signed

into law on August 8, 2005. The EPAct expanded

the Atomic Energy Act of 1954 definition of

byproduct material to include any discrete source

of radium-226, any material made radioactive

by use of a particle accelerator, and any discrete

source of naturally occurring radioactive material,

other than source material, that the Commission, in

consultation with other Federal officials named in

the EPAct, determines would pose a similar threat to

the public health and safety or the common defense

and security as a discrete source of radium-226, that

are extracted or converted after extraction for use for

a commercial, medical, or research activity. In so

doing, these materials were placed under the NRC’s

regulatory authority. Licensees and individuals who

are engaged in activities involving the newly defined

byproduct material in both Agreement States and

non-Agreement States and United States Territories

may be affected by this new authority.

Staff from the Office of Federal and State Materials

and Environmental Management Programs (FSME)

is providing this information so licensees, and

potential new licensees, are informed of changes and

new requirements in the EPAct of 2005. The NRC

staff is working on several activities that will be

needed to support NRC’s new regulatory authority. 

Specifically, the NRC staff is working on finalizing

revisions to the guidance in NUREG-1556, Volumes

9 “Program-Specific Guidance About Medical Use

Licenses,” and 13 “Program-Specific Guidance

About Commercial Radiopharmacy Licenses,”

and developing a new NUREG (NUREG-1556,

Volume 21) which is focused on the production of

radioactive material using an accelerator.	

The NRC will provide stakeholders with an

opportunity to comment on these NUREGs in the
Spring of 2007. NRC plans to finalize the licensing

guidance as close to the effective date of the final

rule as possible. These guidance documents will

be noticed in the Federal Register and posted to

the NRC’s NUREG-1556 public web site at the

following address:

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

nuregs/staff/sr1556/. The NRC staff is also

evaluating the need for revisions to several other

guidance documents in the NUREG-1556 series,

as well as to inspection procedures (IP) 87125,

“Materials Processor/Manufacturer Programs,” IP

87127, “Radiopharmacy Programs,” and Manual

Chapter 2800, ”Materials Inspection Program.” 

Furthermore, the NRC staff is preparing a set of

“Frequently Asked Questions” on radium-226

that will be publicly available. The schedule for

completing these additional activities has not

yet been finalized. You may access the “NARM

Toolbox” at the NRC’s FSME website at: http://nrcstp.ornl.gov/narmtoolbox.html for information on

NARM related activities.

(Contact: Torre Taylor, Office of Federal and

State Materials and Environmental Management

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

STATUS AND PLANS FOR 

IMPLEMENTATION OF NRC 

REGULATORY AUTHORITY FOR 

CERTAIN NATURALLY-OCCURRING 

AND ACCELERATOR-PRODUCED 

RADIOACTIVE MATERIAL

On August 8, 2005, the President signed into law the

Energy Policy Act of 2005 (EPAct) on “Treatment

of Accelerator Produced and other Radioactive

Material as Byproduct Material.” Section 651(e)

of the EPAct expanded the definition of byproduct

material as defined in the Atomic Energy Act of

1954, as amended (AEA), and placed additional

byproduct material under the U.S. Nuclear

Regulatory Commission (NRC) jurisdiction as

defined in section 11e.(3) and 11e.(4) of the AEA.

On March 20, 2007, the NRC issued a Regulatory

Issue Summary (RIS) 2007-05, to inform recipients

of the status of the NRC’s efforts to implement

the requirements of Section 651(e) of the EPAct. 

The RIS, along with a list a “Frequently Asked

Questions” is available for review at: http://www.

nrc.gov/reading-rm/doc-collections/gen-comm/regissues/2007/ri200705.pdf. You may also access the

“NARM Toolbox” at the NRC’s Office of Federal

and State Materials and Environmental Management

Programs (FSME) website at http://nrc-stp.ornl.

gov/narmtoolbox.html for additional information

on naturally-occurring and accelerator-produced

radioactive material (NARM) related activities.

Regulations:

Section 651(e) of the EPAct requires that the

Commission issue final regulations establishing

requirements for licensing and regulating section

11e.(3) and 11e.(4) byproduct material, while

cooperating with the States, and using model State

standards to the maximum extent practicable. NRC

has made significant progress toward completion of

the final regulations, which are currently expected

to be published in the Spring of 2007. The final

regulations will become effective 60 days after

the date of publication, and will be posted to

NRC’s Public Involvement Rulemaking website,

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

regulatory/rulemaking/public-involvement.html. 

Throughout the rulemaking process, the NRC has

actively worked with both Agreement States and

non-Agreement States, through the Organization of

Agreement States, and the Conference of Radiation

Control Program Directors, as well as with NRC’s

Advisory Committee on the Medical Uses of

Isotopes, other Federal agencies, professional

organizations, and the medical community.

Waiver:

As provided for by the EPAct, the Commission

issued a waiver on August 31, 2005 (70 FR 51581)

to: (1) allow States to continue with their regulatory

programs for NARM; (2) allow persons engaged in

activities involving NARM to continue with their

operations in a safe manner; and (3) allow continued

use of radiopharmaceuticals for medical purposes. 

The waiver is in effect through August 7, 2009,

unless the Commission terminates it earlier. 

The Commission plans to terminate the waiver

in phases, after the final rule is issued, starting

from the effective date of the rule and ending on

August 7, 2009. During the initial phase of waiver

terminations, which will occur in conjunction with

the effective date of the final rule, the Commission
intends to terminate the waiver for Federal

Government agencies, Federally Recognized Indian

Tribes, Delaware, District of Columbia, Puerto Rico,

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

Montana. 

At this time, the timing and schedule for waiver

terminations for the remainder of the non-Agreement

States and U.S. Territories have not been established. 

A notice in the Federal Register will be published

approximately six months before the effective date

of the waiver termination to notify users of their

waiver terminations and implementation dates of the

rule. NRC staff will notify impacted State regulators

individually prior to the publication of the Federal

Register notice. The NRC also plans to provide

additional notification to known entities impacted

by the initial phase of waiver terminations following

publication of the final rule in the Federal Register.

Upon waiver termination, all persons that possess

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

Territories, or areas of exclusive Federal jurisdiction

must be in compliance with NRC regulations,

including, for example, meeting the reporting and

recordkeeping requirements for the new byproduct

material. Such persons will also 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

byproduct materials 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 Commission also intends to terminate the

waiver for any of the 34 Agreement States that

provide a certification from their Governor to the

Commission as described in the EPAct and the

Commission’s Transition Plan mandated by the

EPAct (see below). Users of the new byproduct

materials in Agreement States should contact their

respective Agreement State regulatory agency with

any questions related to plans for continuing to

regulate these materials.

Transition Plan:

The EPAct requires the NRC to prepare and publish

a transition plan to facilitate an orderly transition of

regulatory authority with respect to the newly added

byproduct material. The transition plan addresses

both Agreement and non-Agreement States, and has

been coordinated extensively with the States. The

NRC anticipates that the final Transition Plan will be

published in conjunction with the final regulations

in the Federal Register, as required by section

651(e) of the EPAct. The RIS provides additional

information including where to locate a copy of

the draft transition plan as well as NRC plans for

publication of the final transition plan.

Supportive Activities:

The NRC staff is also working on several activities

that will be needed to support NRC’s new regulatory

authority. Specifically, the NRC staff is working

on finalizing revisions to guidance contained in

NUREG-1556, Volumes 9 and 13, and developing

a new NUREG (NUREG-1556, Volume 21)

which is focused on the production of radioactive

material using an accelerator. The NRC staff is also

planning to make minor revisions to other guidance

documents and procedures to reflect the regulation

of the new byproduct material.

(Contacts: Andrew Mauer, Office of Federal and

State Materials and Environmental Management

Programs, 301-415-3962, e-mail: anm@nrc.gov; or 

Duane White, Office of Federal and State Materials

and Environmental Management Programs, 301-

415-6272, e-mail: dew2@nrc.gov)

NRC’s FUEL CYCLE INFORMATION 

EXCHANGE (FCIX) 2007 

The Nuclear Regulatory Commission (NRC) is

hosting a seminar, The Fuel Cycle Information

Exchange 2007 (FCIX 2007), on June 12 and 13,

2007. This will be the second annual hosting of this

seminar, to provide an opportunity for licensees,

NRC staff, and other stakeholders to exchange

information and discuss issues of interest pertaining

to the regulation of NRC-regulated fuel cycle

facilities.

The seminar will be held in Rockville, Maryland,

at the Universities of Maryland at the Shady Grove

Campus Auditorium and will be open to the public. 

We are expecting that NRC staff, licensees and

certificate holders, and other interested parties

and stakeholders will be making presentations on

varying subjects of interest, with opportunity for
follow-up discussion on each subject.

Speakers from the NRC, the Nuclear Energy

Institute, fuel cycle licensees and stakeholders have

volunteered to address various topics; however,

at this early date, the NRC is seeking additional

speakers to discuss topics of a broad nature,

relative to the nuclear fuel cycle. If you would like

an opportunity to discuss an issue, or to offer an

additional topic of discussion, please contact the

staff member listed below. Additionally we ask

that you provide the staff contact with a Microsoft

Powerpoint version of your presentation at least 45

days prior to the seminar.

Registration: Preregistration by e-mailing the staff

contact listed below is recommended to facilitate the

distribution of meeting information and preparation

of identification badges; however, on-site registration

will be allowed on the days of the meeting.

Dates and location: 

June 12, 2007, doors open at 8:00 am;

meeting starts at 9 a.m.

June 13, 2007, doors open at 8:00 am;

meeting starts at 9 a.m.

Universities of Maryland at the Shady Grove

Campus Auditorium,

9630 Gudelsky Drive

Rockville, MD 20850.

Updated information regarding the meeting will

be posted on the agency public meeting website at 

http://www.nrc.gov/public-involve/public-meetings/

index.cfm?fuseaction=Search.Detail&MC=2007013

7&NS=0&CFID=120254&CFTOKEN=54666193

(Contact: James Smith, Office of Nuclear Material

Safety and Safeguards, Division of Fuel Cycle

Safety and Safeguards, Mail Stop: T8F42, 301-415-

6459, Fax: 301-415-5370, e-mail: jas4@nrc.gov)

WEB-BASED COURSE “EVALUATION OF 

DOSE MODELING FOR COMPLIANCE 

WITH RADIOLOGICAL CRITERIA FOR 

LICENSE TERMINATION”

The Division of Waste Management and

Environmental Protection developed, through

contract with Argonne National Laboratory, a

web-based version of a classroom course originally

developed in 2004 entitled “Evaluation of Dose

Modeling for Compliance with Radiological Criteria

for License Termination.” The general objective of

this course is to familiarize NRC staff with how to

review dose modeling aspects of licensee-submitted

decommissioning and license termination plans. 

There are no prerequisites for the course, although

familiarity with dose modeling codes such as DandD

and RESRAD would be helpful. In addition to

sixteen individual course modules on various topics

related to decommissioning dose modeling, the

course hyperlinks to supporting documents allowing

the course to serve as a comprehensive on-line

resource to decommissioning staff. The course is

available on the Training Web-site with other NRC

developed web-based training or can be accessed

directly through the following URL: http://grape.

nrc.gov/NMSS/Decom/login.cfm.

(Contacts: Cynthia Barr, FSME/DWMEP,

301-415-4015; e-mail: csb2@nrc.gov, and

Chris McKenney, FSME/DWMEP, 301-415-6663;

e-mail: cam1@nrc.gov)

UNITED STATES ENRICHMENT 

CORPORATION (USEC Inc.) 

HIGHLIGHTS

On April 13, 2006, the U.S. Nuclear Regulatory

Commission (NRC) issued USEC Inc. a license

to construct and operate a gas centrifuge uranium

enrichment facility, known as the American

Centrifuge Plant (ACP), in Piketon, OH. USEC

Inc. submitted its application for the ACP in August

2004. In April 2006, the NRC staff completed its

“Environmental Impact Statement for the Proposed

American Centrifuge Plant in Piketon, Ohio,”

NUREG-1834. In September 2006, the NRC

staff completed its “Safety Evaluation Report for

the American Centrifuge Plant in Piketon, Ohio,”

NUREG-1851. On April 13, 2007, the Atomic

Safety and Licensing Board (ASLB) issued its

decision on the mandatory hearing finding that

the NRC staff adequately performed its safety and

environmental reviews of the USEC Inc. license

application and environmental report. In addition,

on April 13, 2007, the Department of Energy and

the NRC signed a Memorandum of Understanding
(MOU) regarding the regulatory oversight of the

ACP. The MOU delineates each agency’s regulatory

oversight responsibilities, ensures adequate

oversight, avoids dual regulation of USEC Inc., and

avoids any gaps in oversight.

(Contact: Brian Smith, Office of Nuclear Material

Safety and Safeguards, Division of Fuel Cycle

Safety and Safeguards, Enrichment and Conversion

Branch, 301-4157457, e-mail: bws1@nrc.gov)

GENERIC COMMUNICATIONS 

ISSUED(December 1, 2006 - March 31, 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/readingrm/doc-collections/ en-comm/. Please note that this

address is case-sensitive and must be entered exactly

as shown. If you have any questions or comments

about generic communications in general, please

contact Angela R. McIntosh, FSME, 301-415-5030;

email: arm@nrc.gov.

Bulletins (BL)

None.

Generic Letters (Gl)

None.

Information Notices (IN)

IN 2007-03, “Reportable Medical Events 

Involving Patients Receiving Dosages of Sodium 

Iodide Iodine-131 Less Than the Prescribed 

Dosage Because of Capsules Remaining in Vials 

After Administration” was issued February 2,

2007. This IN was issued to all NRC medical use

licensees, NRC Master Materials Licensees, and

all Agreement State Radiation Control Program

Directors and State Liaison Officers. 

(Technical contact: Cindy Flannery, FSME, 301-

415-0223; e-mail: cmf@nrc.gov)

IN 2007-08, “Potential Vulnerabilities of TimeReliant Computer-based Systems Due to Change 

in Daylight Saving Time Dates” was issued

February 28, 2007. This IN was issued to all NRC

licensees, and all Agreement State Radiation Control

Program Directors and State Liaison Officers.

(Technical contact: Matthew Chiramal, NRR/DE,

301-415-2845; email: mxc@nrc.gov)

IN 2007-10, “Yttrium-90 Theraspheres® and 

Sirspheres® Impurities” was issued 03/13/07. 

This IN was issued to all U.S. Nuclear Regulatory

Commission (NRC) Medical Licensees, NRC

Master Materials Licensees, and all Agreement

State Radiation Control Program Directors and State

Liaison Officers. 

(Technical contact: Mohammad Saba, FSME, 301-

415-7608; e-mail: mss@nrc.gov)

Regulatory Issue Summaries (RIS’)

RIS 2007-03, “Ionizing Radiation Warning 

Symbol” was issued March 1, 2007. This RIS was

issued to all U.S. Nuclear Regulatory Commission

(NRC) licensees, certificate holders, and all

Radiation Control Program Directors and State

Liaison Officers.

(Technical contacts: John P. Jankovich, FSME,

301- 415-7904; e-mail: jpj2@nrc.gov, and Nima

Ashkeboussi, FSME, 301-415-7637; email: naa@

nrc.gov)

RIS 2007-04 “Personally Identifiable Information 

Submitted to The U.S. Nuclear Regulatory 

Commission” was issued March 9, 2007. This RIS

was issued to all holders of operating licenses for

nuclear power reactors and holders of and applicants

for certificates for reactor designs, all licensees,

certificate holders, applicants, and other entities

subject to regulation by the U.S. Nuclear Regulatory

Commission (NRC) of the use of source, byproduct,

and special nuclear material.	

(Technical contact: Russell A. Nichols, OIS, 301-

415-6874; e-mail: ran2@nrc.gov)
RIS 2007-05, “Status and Plans for 

Implementation of NRC Regulatory Authority 

for Certain Naturally-Occurring and 

Accelerator-Produced Radioactive Material” 

was issued March 20, 2007. This RIS was issued

to all NRC materials licensees, Radiation Control

Program Directors, State Liaison Officers, and NRC’s

Advisory Committee on the Medical Uses of Isotopes.

(Technical contacts: Duane E. White, FSME,

301-415-6272; e-mail: dew2@nrc.gov; Andrew

N. Mauer, FSME, 301-415-3962; e-mail: anm@

nrc.gov; Donna M. Janda, Region I, 610-337-5371;

e-mail: dmj@nrc.gov; Kevin G. Null, Region III,

630-829-9854; e-mail: kgn@nrc.gov; and Rachel S.

Browder, Region IV, 817-276-6552; e-mail: rsb3@

nrc.gov)

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

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

SIGNIFICANT EVENTS

(January 1, 2007 - March 31, 2007)

Event #1: Extremity Overexposure to Radiation

Worker

Date and Place: February 6, 2007, Tallahassee,

Florida

Nature and Probable Causes: The licensee reported

receiving an employee’s left hand dosimetry report

that revealed an exposure of 50.68 centiSievert (cSv)

(rem). The employee had handled various isotopes

during the monitored time period. It was determined

that the employee’s technique in handling

radioactive material was not fast enough to minimize

exposure to her hands. The licensee made several

attempts to improve her handling technique, but

could not. The individual terminated employment

with the licensee.

Event #2: Medical Event Involving Mammosite

Treatment	

Date and Place: March 19, 2007 Bakersfield,

California

Nature and Probable Causes: The licensee reported

that a patient receiving mammosite treatment with

a total prescribed dose of 3,400 centiGray (cGy)

(rad) to be delivered in 10 fractions over the course

of five days, only received 1,700 cGy (rad). The

treatment was performed using a Nucletron high

dose rate brachytherapy unit (model 105.999) and

an Iridium-192 source with an activity of 151.7

gigabecquerels (GBq) (4.1 Curies). The first five

fractions were delivered uneventfully. During the

last five fractions, the radiation therapy technologist

accidentally imported the wrong treatment plan,

resulting in an under dose to the treatment area. 

The dwell position of the source was actually

fully outside of the patient, so the tumor received

effectively no dose. The licensee is calculating the

skin and whole body dose to the patient. The patient

and referring physician have been notified and retreatment has been scheduled. The incident was

discovered upon review of the patient’s chart when

the patient returned for a follow-up exam.

(CONTACT: Angela R. McIntosh, FSME, 301-415-

5030; e-mail: arm@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.” ADAMS is the Agencywide Document Access and Management System. 

Help in using ADAMS is available from the NRC

Public Document Room, telephone: 301-415-4737

or 1-800-397-4209.

Individual Actions

Brandon Fontenot (IA-07-002)

On March 20, 2007, a Notice of Violation for

a Severity Level III violation was issued for a

violation involving the individual’s deliberate

misconduct which caused his former employer,

Accurate NDE & Inspection, LLC, to be in violation

of 10 CFR 20.1801 and 1802, and 10 CFR 30.9. 

Specifically the individual failed to: (1) secure

a radiographic exposure device; and (2) provide

complete and accurate information in the daily

radiation survey form which was provided to the

NRC inspector.
10

Medical

Mallinckrodt, Inc. (EA-06-280)

On December 27, 2006, a Notice of Violation was

issued for a Severity Level III problem involving

the failure to close, or check several valves during a

planned release of certain radioactive material into

a sanitary sewer system, resulting in an inadvertent

release of other radioactive material into the system.

Portable Gauges

TRC Engineers, Inc. [Formerly SITE-Blauvelt 

Engineering, Inc.] (EA-06-286)

On January 30, 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 of 10 CFR 30.34 (i), involving the reported

theft of a portable nuclear density gauge containing

licensed material. The licensee failed to use a

minimum of two independent physical controls to

secure a portable gauge while it was not under the

control and surveillance of their staff, as required. 

Specifically, the licensee provided one independent

barrier by securing the gauge in a locked container

and placing it in a locked shed for overnight storage

at a temporary job site. However, the licensee failed

to provide a second independent barrier when it did

not secure the gauge to the shed.

EGS Associates, Inc. (EA-06-288)

On January 10, 2007, a Notice of Violation was

issued for a Severity Level III violation involving

the failure, on two separate occasions, to provide

a minimum of two independent physical controls

that form tangible barriers to secure portable gauges

from unauthorized removal when not under the

control and constant surveillance of the licensee. 

Specifically, on September 21, 2006, a portable

nuclear gauge was not secured within an unlocked

company vehicle; and a second gauge was not

secured within a locked storage shed.

Andrew Environmental Engineering, Inc. 

(EA-06-299)

On December 27, 2006, a Notice of Violation

was issued for a Severity Level III violation

involving the failure to control and maintain

constant surveillance of licensed material that is in

a controlled, or unrestricted area and that is not in

storage. Specifically, the gauge user left the portable

gauge unattended at a job site to answer a phone

call, thus failing to control access to the unrestricted

area and provide constant surveillance of the gauge.

Pennoni Associates, Inc. (EA-06-252)

On December 21, 2006, a Notice of Violation

(NOV) and Proposed Imposition of Civil Penalty

in the amount of $3,250 was issued for a Severity

Level III problem composed of three violations. 

The violations involved: (1) the 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; (2) the

failure to control and maintain constant surveillance

of licensed material in an unrestricted area; and

(3) the failure to immediately report the loss of

licensed material. Specifically, an authorized user

loaned a vehicle containing NRC licensed material

in a portable gauge to an unauthorized individual. 

Although the gauge was secured to the vehicle in

its locked transport container in the rear seat of the

vehicle (one barrier), the second barrier (locked

door) was compromised when the authorized user

gave the vehicle keys to the unauthorized individual

who drove off with the vehicle. As a result, only

one independent physical barrier to secure the

portable gauge and prevent its unauthorized removal

remained. The gauge was then left unsupervised

in the public domain for approximately four days. 

Additionally, the NRC was not notified of the

missing gauge as required.

New Jersey Department of Transportation 

(EA-06-287)

On December 14, 2006, a Notice of Violation was

issued for a Severity Level III violation involving

the failure to use two independent physical controls

that formed tangible barriers to secure a portable

gauge, containing NRC licensed material, from

unauthorized removal when the portable gauge

was not under the control and constant surveillance

of the licensee. Specifically, the licensee stored

the gauge in a locked transportation case inside a

locked wooden box located inside an unoccupied,

unlocked building. The wooden box was not under

the licensee’s control, was not secured, and could be
11

accessed by unauthorized individuals.

(General Contact: Sally Merchant, Office of

Enforcement, 301-415-2747, e-mail: slm2@nrc.gov)

SELECTED FEDERAL REGISTER NOTICES

(January 1, 2007 - March 31, 2007)

10 CFR Part 110 [RIN 3150-AI02] “Export and

Import of Nuclear Material; Exports to Libya

Restricted.” 72 FR 1426, January 12, 2007.

(Contact: Jennifer Schwartzman, Office

of International Programs, 301-415-2317,

e-mail: jks1@nrc.gov, or Brooke G. Smith,

Office of International Programs, 301-415-2347,

e-mail: bgs@nrc.gov)

10 CFR Part 73 [RIN 3150-AH90] “Secure

Transfer of Nuclear Materials.” 72 FR 3025,

January 24, 2007.

(Contact: Frank Cardile, Office of Federal and

State Materials and Environmental Management

Programs, 301-415-6185, e-mail: fpc@nrc.gov)

10 CFR Part 72 [RIN 3150-AI03] “List of Approved

Spent Fuel Storage Casks: Standardized

NUHOMS[reg] System Revision 9.” 72 FR 4615,

February 1, 2007.

(Contact: Jayne M. McCausland, Office of Federal

and State Materials and Environmental Management

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

10 CFR Part 72 [RIN 3150-AI03] “List of Approved

Spent Fuel Storage Casks: Standardized

NUHOMS[reg] System Revision 9, Proposed rule.” 

72 FR 4660, February 1, 2007

(Contact: Jayne M. McCausland, Office of Federal

and State Materials and Environmental Management

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

10 CFR Part 73 [RIN 3150-AI04] “Relief From

Fingerprinting and Criminal History Records

Checks.” 72 FR 4945, February 2, 2007.

(Contact: Jared K. Heck, Attorney, Office of

the General Counsel, 301-415-1623, e-mail: 

jkh3@nrc.gov)

“Call for Nominations.” 72 FR 15172, March 30,

2007.

(Contact: Ashley M. Tull, Office of Federal and

State Materials and Environmental Management

Programs, 301-415-5294; e-mail: amt1@nrc.gov)

(General Contact: Alexandra Greene, Office of

Federal and State Materials and Environmental

Management Programs, 301-415-5288, e-mail: 

amg1@nrc.gov)

NOTE TO READERS: In an attempt to keep

the NMSS-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 NMSSFSME Licensee Newsletter readership, should

contact Michael Williamson or Alexandra Greene,

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. Greene

may be contacted at (301) 415-5288 or amg1@nrc.

gov. In addition, to ensure proper delivery of the

NMSS-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

NMSS-FSME Licensee Newsletter

Office of Federal and State Materials and

Environmental Management Programs

U.S. Nuclear Regulatory Commission

Two White Flint North, Mail Stop: T8F-3

Washington, D.C. 20555-0001