O ce of Federal & State Materials & Environmental Management Programs LICENSEE NEWSLETTER NUREG/BR-0117, No. 09-02 Summer 2009 NEW CHAIRMAN FOR THE NRC INSIDE THIS ISSUE Chairman Jaczko stated that he New Chairman for the NRC...... 1 had first-hand Generally Licenced Device knowledge of the Restrictions Proposed Rule staff’s dedication Published for Public Comment...... 2 and expertise. Why Do States Become He said that he An “Agreement State?”...... 2 looks forward to working with staff From the Desk of the FSME Director...... 3 to successfully address the NSTS Expansion Disapproved...... 4 challenges and In-Situ Leach Uranium Milling...... 5 opportunities Reporting Requirements...... 5 ahead. In an effort to meet Third Review Meeting...... 6 staff, Chairman The Last Phase of Jaczko hosted Waiver Terminations...... 7 an open house Employee Recognition...... 7 on June 18, 2009 Paper Reduction...... 8 for all NRC Headquarters Significant Enforcement Actions...... 8 Chairman Gregory B. Jaczko staff members to visit his new Generic Communications Issued...... 11 suite of offices. Chairman Significant Event...... 11 On May 13, 2009, President Jaczko took the opportunity designated to personally express his Selected Federal Register Notices...... 12 Dr. Gregory Jaczko as Chairman appreciation for the staff’s hard Designated E-Mail Address for of the U.S. Nuclear Regulatory work to protect public health and Identified Errors in NUREG-1556 Commission (NRC). As Chairman, safety. Documents...... 13 Dr. Jaczko is the principal Chairman Jaczko’s professional executive officer and the official career has been devoted to a bachelor’s degree in physics and spokesperson for the NRC. the use and impact of science philosophy from The NRC is headed by five in the public policy arena. and a doctorate in physics from the Commissioners appointed by the Before assuming the post of University of Wisconsin-Madison. President and confirmed by the Commissioner, Dr. Jaczko served Chairman Jaczko is married and Senate for 5 year terms. The NRC as appropriations director for U.S. resides in the District of Columbia, Chairman serves at the pleasure Senator of Nevada where he has been an adjunct of the President and does and also served as the Senator’s professor at , not require additional Senate science policy advisor. teaching science and policy. confirmation. Chairman Jaczko was born (Contact: Vanessa Cox, FSME, In commenting on his in and raised in 301-415-8342, e-mail: nomination to the NRC staff, upstate New York. He earned [email protected])

1 of GL devices who could be give this responsibility to any Generally Licensed impacted by the rule to inform State government that meets the Device Restrictions them of the opportunity to established criteria for protecting Proposed Rule comment on the proposed rule. public health and safety. The Published for Public Chairman of the NRC and the (Contact: Solomon Sahle, FSME, Comment Governor of the State formalize the 301-415-3781, e-mail: discontinuance of NRC authority On August 3, 2009 (74 FR 38372), [email protected]) the NRC published in the Federal by signing an Agreement. To Register a notice of the Generally date, 36 States have entered Licensed (GL) Device Restrictions WHY do STATES BECOME into such an agreement with proposed rule. This proposed rule AN “AGREEMENT STATE?” the NRC: Alabama, Arizona, would amend 10 CFR 31.5 to limit Arkansas, California, Colorado, With the recent additions of the the quantity of byproduct material Florida, Georgia, Illinois, Iowa, States of Pennsylvania and Virginia contained in a GL device to below Kansas, Kentucky, Louisiana, as “Agreement States,” one may one-tenth of the International Maine, Maryland, Massachusetts, question why any State would Atomic Energy Agency (IAEA) Minnesota, Mississippi, Nebraska, want to become an Agreement Category 3 thresholds. As a result Nevada, New Hampshire, New State, especially during these of this amendment, individuals Mexico, New York, North Carolina, difficult economic times. Here is possessing devices with byproduct North Dakota, Ohio, Oklahoma, some background information on material meeting or exceeding Oregon, Pennsylvania, Rhode the Agreement State program and these thresholds would be Island, South Carolina, Tennessee, a few reasons that have prompted required to apply for and obtain Texas, Utah, Virginia, Washington, States to enter into Agreements a specific license. In a Staff and Wisconsin). The number with the NRC. Requirement Memorandum dated will rise to 37 if the the NRC May 1, 2009, the Commission also The Agreement State program approves the State of New Jersey’s directed the staff to propose to came into existence in 1959 with application, currently under further clarify the requirements the adoption of Section 274 of review. that apply when a device the Atomic Energy Act. Under Besides the obvious advantage authorized to be used under the this program, the NRC will of having control over all things general license is instead held relinquish authority to regulate radioactive in their jurisdiction, under a specific license. certain radioactive materials most States opt to become an (i.e., byproduct, source, and certain In a petition dated June 27, 2005, Agreement State because they special nuclear materials) and the Organization of Agreement feel that they can provide a closer Figure 34. Agreement States States (OAS) requested that the NRC revise 10 CFR 31.5 and WA** NH ME change the compatibility category MT ND VT MN of 10 CFR 31.6 from “B” to “C.” Also, OR MA ID SD WI MI NY in its letter of June 3, 2005, the WY RI IA PA CT State of Florida asked to change NV NE OH** NJ the compatibility category of UT** IL** IN DE CA CO** WV KS MO VA 10 CFR 31.5(c)(13)(i) from “B” to “C.” KY MD NC DC* TN The GL rulemaking considers these AZ** OK issues. NM** AR SC MS AL GA LA The NRC has also sent out hard TX** copies of the Federal Register HI FL notice to general licensees and AK manufacturers and/or distributors Agreement States Non-Agreement States Letter of Intent continued on page 4 * Other Non-Agreement States include major U.S. territories such as Puerto Rico, Virgin Islands, and Guam. 2 ** The NRC has maintained authority to license uranium milling. Source: U.S. Nuclear Regulatory Commission from the desk of the fsme director

In FSME Newsletter 08-03, an article about the National Source Tracking System (NSTS) announced that the development of the NSTS was complete and that licensees must begin reporting to the system in January 2009 via (1) the internet; (2) batch load using electronic file submission; (3) mail; (4) facsimile; or (5) telephone, with followup by fax or mail. As many of you already know, the system experienced early glitches, particularly related to user credentialing. Because the NSTS was a first-of-its kind system with a number of unique security features, some startup issues were reasonably expected, but that did not lessen the level of frustration for those who were unable to access the system. If you were one of those who experienced early problems, we hope that we resolved them and that you will give the system a second chance now. We think that online reporting to the NSTS can be a great tool to provide more real-time tracking of sources, and thus it will greatly enhance the security of radioactive sources nationally. As of early July 2009, the NRC invited approximately 3,100 individuals to enroll for smart cards, and about 1,600 had begun the enrollment process. About 1,000 individuals were approved to receive their smart cards. Among those approved, about 500 individuals have downloaded their digital certificates and all have access to the NSTS. Of those who have been approved, 30 agencies (Agreement States and the NRC) and approximately 200 companies were represented. The NRC’s Office of Information Services is contacting those that have been sent smart cards but have not yet downloaded their certificates. My staff is continuing to have monthly calls with the States to discuss NSTS status and to address any concerns that they may have. During the recent batch upload pilot testing, FSME received significant suggestions from two participating licensees. We are currently negotiating the technical approach with our contractor in an effort to integrate these suggestions. We pledge to do whatever is necessary to make the NSTS work in a manner that minimizes the impact to users while providing a life history of each tracked source possessed by NRC and Agreement State licensees.

Charles L. Miller, Director

3 continued from page 2 NRC. The EPAct expanded the As State budgets continue relationship with their licensees definition of byproduct materials to tighten with the current than a Federal Agency, and that to include radium 226 and certain economic crisis, the NRC will states provide these services at a naturally occurring and accelerator place more importance than reduced cost in most situations produced materials (NARM) that ever on maintaining close and (a plus for the licensee). This were already regulated by States. careful oversight of Agreement thought is echoed by Julia While this expansion of the NRC State programs to ensure that Schmitt, Chairperson of the regulatory authority did not they remain compatible with NRC OAS. Ms. Schmitt believes that impact the existing Agreement requirements and adequate to with the State regulation of x-ray States, which maintain their protect public health and safety machines in the 1960s and 1970s, authority, non-Agreement States and the environment. that did license radium and NARM the States saw the regulation of (Contact: Michelle Beardsley, would have to turn over their byproduct materials as a natural FSME, 610-337-6942, e-mail: licensees to the NRC by August extension of this health and safety [email protected]) function. In addition, States feel 2009. The EPAct prompted the that emergency response to Commonwealth of Pennsylvania to radiation incidents is made more complete its Agreement and the NSTS Expansion expeditious and comprehensive Commonwealth of Virginia and the DISSAPROVed by having State responders who State of New Jersey to initiate the In a Staff Requirements are more familiar than a Federal process to become an Agreement Memorandum dated June 30, 2009, Agency with the location and State. All three of these States the Commission stated that it scope of their licensees’ programs. have active and well-established was unable to reach a decision Furthermore, a reason not to licensing programs for NARM and on the staff’s recommendation be overlooked in these times, radium. to publish the final rule on the becoming an Agreement State can Agreement State personnel National Source Tracking System result in the creation of additional participate in the NRC’s Integrated (NSTS) Expansion. The rule would jobs within the State. Materials Performance Evaluation have required additional specific Although the operational costs of Program (IMPEP) program. IMPEP licensees to report information maintaining an Agreement State is the NRC’s program to provide concerning the location of program are the responsibility of oversight by periodically reviewing sealed sources containing each State, another advantage to both NRC and Agreement State radioactive materials in quantities becoming an Agreement State is radiation control programs for reaching the International that the NRC pays a portion of the adequacy and compatibility. Atomic Energy Agency (IAEA) cost of training State personnel. Being a member of an IMPEP team Category 3 threshold. Because The cost of training a single offers a unique conduit for the the Commission did not inspector can be expensive, often exchange of information, ideas, reach a decision, the staff’s exceeding $25,000. With the and initiatives between Agreement recommendation to publish the NRC often paying for the training States and NRC personnel. As final rule was not approved. and associated travel costs, the IMPEP team members, State Currently, about 1,350 Agreement State’s costs for their Agreement personnel can observe practices State and NRC licensees possess a State program are reduced. Both and policies in their fellow nationally tracked source, defined the NRC and Agreement State regulatory programs and often in 10 CFR Part 20 as a sealed source personnel receive the same get ideas to enhance their own containing IAEA Category 1 and technical training and are required programs. With the increase in Category 2 threshold quantities to pass the same examinations. both the number of Agreement States and expertise among their of radioactive material. Licensees More recently, the passage of personnel, States envision that who possess a nationally tracked the Energy Policy Act of 2005 they will provide greater input in source are required to report to the (EPAct) influenced some States shaping regulations in the future. NRC details of source transactions, to seek Agreements with the from manufacture of the source

4 through disposal, as specified Program Directors (CRCPD), and 26 uranium milling facilities, as well in the final rule establishing individual States. Many of these as for applications for the renewals these reporting requirements letters also expressed opposition or amendments of current licenses (71 FR 65686, November 8, 2006). to the final rule. for ISL facilities. Based on letters The licensees must also have of intent from uranium recovery Details on the Commission vote reported their initial inventories companies, industry may submit regarding the final rule for NSTS of sealed radioactive sources by approximately 25 ISL-related expansion are available on the January 31, 2009 (72 FR 59162, applications for NRC review NRC Web site at: http://www.nrc. October 19, 2007), with annual before October 2011. To date, gov/reading-rm/doc-collections/ inventory reconciliation by the NRC has received five license commission/combined/2009/. January 31 in each year thereafter applications for new ISL facilities, comparing licensee possession (Contact: Kevin O’Sullivan, FSME, two applications for the expansion against the data reported in the 301-415-8112, e-mail: of currently licensed ISL facilities, NSTS. [email protected]) and one application for the restart of an ISL facility on standby. The NSTS Expansion final rule would have broadened the In-Situ Leach The final GEIS is available at definition of a nationally tracked Uranium Milling http://www.nrc.gov/reading-rm/ source to include Category 3 doc-collections/nuregs/staff/sr1910/. sources, requiring an additional On June 5, 2009, the NRC placed (Contact: James Park, FSME, 1,000 Agreement State and NRC a notice in the Federal Register 301-415-6935, e-mail: licensees to report to the NRC concerning the availability [email protected]) details of source transactions. of NUREG-1910, “Generic The NRC published the NSTS Environmental Impact Statement Expansion proposed rule on for In-Situ Leach Uranium Milling Facilities–Final Report” (GEIS). The Reporting April 11, 2008 (73 FR 19749) and Requirements received 19 comment letters. NRC staff prepared the GEIS with Most of the commenters opposed the assistance of a contractor, In recent months, the NRC the rule because they believed the Center for Nuclear Waste staff has recognized that some more operating experience was Regulatory Analyses, and the confusion exists as to when needed in tracking Category 1 State of Wyoming Department of industrial radiography licensees and 2 sources before expanding Environmental Quality. The NRC are required to make reports under to Category 3 threshold values. also issued a press release on 10 CFR 30.50(b)(2). Specifically, Members of the working group for June 4, 2009, regarding this matter. some licensees are not making the required 24-hour notification the final rule evaluated the public In the GEIS, the NRC staff assessed for incidents in which the sealed comments, prepared responses the potential environmental source assembly does not return to to each of the topical areas of impacts from the construction, the fully shielded position within concern, and submitted the draft operation, aquifer restoration, and the exposure device. final rule to the Commission in decommissioning of in-situ leach SECY-09-0086 dated June 10, 2009. (ISL) uranium milling facilities For example, one licensee could In that Commission paper, the NRC located in four specific regions of not retract the sealed source staff noted that the Agreement the western United States. The assembly within the exposure States had received a draft of GEIS addressed environmental device because the safety latch the Commission paper for their issues common to ISL milling mechanism tripped prematurely, review and that the NRC received facilities to aid in making more locking the source assembly comment letters on the draft efficient environmental reviews of outside of the exposure device. paper from the Executive Board individual site-specific ISL license The licensee determined that of the Organization of Agreement applications. The NRC staff will use the cause of the safety latch States, the Executive Board of the the GEIS in environmental reviews malfunction resulted from Conference of Radiation Control of license applications for new ISL sand deposits within the latch

5 mechanism and decided not to 10 CFR 34.101 occurred in March make a 24-hour notification of 2009 and involved a malfunction Third Review Meeting the event because the device of the key-lock mechanism of the worked appropriately once the exposure device. In this event, the sand was blown out. However, radiographer locked the device 10 CFR 30.50(b)(2) states, in part, and removed the key before that a 24-hour report is required realizing that the source assembly when equipment is disabled or was still outside of the exposure fails to function as designed when device in the unshielded position. the equipment is required by Once locked, however, the regulations to prevent unnecessary radiographer was unable to unlock exposures to radiation. The the device so that the source The Third Review Meeting Opening Session equipment is required to be assembly could be returned to the operable when it is disabled or shielded position. Encountering During the week of May 11, 2009, fails to function and no redundant this scenario, the radiographer FSME staff members participated equipment is available to perform contacted the radiation safety in the Third Review Meeting of the required safety function. officer, who in turn contacted the Contracting Parties1 on the the device manufacturer for In the above example, the safety Joint Convention for the Safety assistance. Over the telephone, latch mechanism failed to function of Spent Fuel Management and the device manufacturer as designed, because the source on the Safety of Radioactive explained the steps to dismantle assembly was locked outside of Waste Management (Joint the locking mechanism, and the exposure device instead Convention) at the International return the source assembly to of inside the device in the fully Atomic Energy Agency (IAEA) in the fully shielded position within shielded position. This safety Vienna, Austria. The FSME staff the exposure device. From latch is required by regulations, performed technical reviews, the manufacture’s comments, as described in 10 CFR 34.20. provided technical support and the licensee believed that the Specifically, 10 CFR 34.20(c)(2) presented the interests of the malfunction was caused by ice on states that the radiography United States. the device and was not reportable exposure device must auto- under 10 CFR 30.52(b)(2). As a Contracting Party member, matically secure the source However, the NRC wants to point the United States has benefited assembly when cranked back out that whether the cause of in many ways, such as by working into the fully shielded position the inability to retract the source with other Contracting Parties within the device; the safety latch assembly was caused by sand, to harmonize international is intended to fulfill this require- ice, or any other contaminant, the approaches to achieve strong ment. In addition, no redundant malfunction is still considered and effective nuclear safety equipment was available to an inability to retract the source programs on a global scale. Also, perform the function of the safety assembly and represents a failure U.S. participation has stimulated latch mechanism. Therefore, of a safety mechanism on the initiatives to improve safety this event would require both exposure device to function as systems within it’s own domestic a 24-hour notification under designed. Therefore, the licensee programs while learning about 10 CFR 30.50(b)(2), as well as a is required to report the incident technical innovations by other 30-day written report, described to the NRC or Agreement States Contracting Parties that could be in 10 CFR 34.101 and in within 24 hours of the occurrence. useful in managing safety and 10 CFR 30.50(c)(2). associated costs in U.S. spent (Contact: James L. Thompson, Another example of a radiography fuel and waste management NRC, 817-276-6538, e-mail: incident that is reportable under activities. U.S. participation [email protected]) both 10 CFR 30.50(b)(2) and in the Joint Convention has

1A contracting party to the Joint Convention is an IAEA Member State that has ratified the Joint Convention before the peer review meetings.

6 also provided opportunities to which allowed continued use requirements. The NRC and the identify future areas of bilateral and possession of NARM. The State of New Jersey are working and multilateral technical and NRC terminated the waiver in toward an effective date in which regulatory cooperation with phases, with Phase 1 ending the state would become An other Contracting Parties. The November 30, 2007, and Phase 2 Agreement State with a target United States participated in the ending September 30, 2008. date of September 30, 2009. meeting to collaborate with other The final phase terminated on During this 7-week period, NRC Contracting Parties concerning August 7, 2009 (74 FR 5797), and staff will work closely with New elements of successful regulatory included Alaska, Connecticut, Jersey regarding NARM activities. program. Hawaii, Michigan, New Jersey, New Jersey and the NRC have and NRC licensees with agreed that the NARM licensees’ A senior executive from the headquarters in Canada. files will stay in New Jersey U.S. Department of Energy delivered and the NRC will have access the U.S. presentation, supported For non-Agreement States and as needed. During this interim by staff from the NRC, U.S. U.S. territories, NARM users with period, the impact to New Jersey Environmental Protection Agency, new byproducts materials are NARM licensees will be minimal, and U.S. Department of State. The required to apply for license since the New Jersey regulations presentation addressed such safety- amendments within 6 months that will come into force on the related points as the status of the (February 7, 2010) if they hold effective date of the Agreement proposed Yucca Mountain high-level an NRC-specific byproduct are essentially the same as the waste repository, low-level waste materials license, or submit NRC regulations they will replace. disposal capacity, and management a license application within of greater than Class C low-level 12 months (August 7, 2010) For more information on NARM- waste. The U.S. representatives from the date the waiver is related activities, access the participated actively and raised terminated. Existing NRC “NARM Toolbox” at the FSME important questions, leading the licensees should submit a new Web site at: http://nrc-stp.ornl. other Contracting Parties to offer license application to obtain gov/narmtoolbox.html. their thanks for providing greater authorization for the production (Contact: Shirley Xu, FSME, clarity in understanding the different of radioactive materials using 301-415-7640, safety programs. The next Review an accelerator. New NRC license e-mail: [email protected]) Meeting will take place in 2012. applicants that are seeking authorization to produce (Contact: Mathews George, FSME, radioactive materials using an 301-415-7065, email: accelerator should submit a Employee Recognition [email protected]) license application as well as a Congratulations to Ms. Patricia Pelke separate license application for of the Region III Division of Nuclear The Last Phase of any other radioactive materials Materials Safety for recently Waiver Terminations authorizations that they may be receiving the Chicago Federal seeking (e.g., manufacturing of Executive Board Outstanding The Energy Policy Act (EPAct) of radiopharmaceuticals, medical Supervisory Award for 2009. The 2005 gave the NRC regulatory use of byproduct material). Federal Executive Board awards authority over naturally occurring are presented in recognition As of August 8, 2009, the State and accelerator-produced of outstanding service by area of New Jersey has approximately radioactive materials (NARM). Federal employees. The NRC’s final rule implementing 500 NARM licensees under the this authority became effective on jurisdiction of the NRC. All Currently, Ms. Pelke is the Chief November 30, 2007 (72 FR 55863). persons that possess byproduct of the Materials Licensing Branch While developing the regulatory materials must be in compliance in the Region III office. She has framework, the NRC issued a waiver with NRC regulations, including held a number of progressively to licensees on August 31, 2005, reporting and recordkeeping responsible positions throughout

7 We want to do our part to reduce failure to confine possession of our carbon footprint and support byproduct material to only those greener business practices by locations authorized by the NRC reducing the number of paper license; the deliberate failure to copies of the FSME Newsletter. provide the NRC an opportunity Please send your name and e-mail to inspect byproduct material address, to FSME_Newsletter@ and the premises where the nrc.gov. Thank you for all your byproduct material was stored, assistance and efforts. as required by 10 CFR 30.52(a); (Contact: Vanessa Cox, FSME, and the failure to use a minimum 301-415-8342, e-mail: of two independent physical [email protected]) controls that form tangible barriers to secure portable gauges from Ms. Patricia Pelke of the Region III unauthorized removal whenever Division of Nuclear Materials Safety SIGNIFICANT the gauges were not under the ENFORCEMENT ACTIONS control and constant surveillance her 28-year career with the NRC. Information about the NRC’s of the licensee, as required by Moreover, Ms. Pelke is a proud enforcement program can be 10 CFR 30.34(i). Accordingly, the graduate of Purdue University. accessed at http://www.nrc. NRC concluded that the violation gov/about-nrc/regulatory/ remains valid and issued an order enforcement/current.html under imposing Civil Monetary Penalty in Note to our Readers: “Recently Issued Significant the amount of $16,250. Paper Reduction Enforcement Actions.” Documents Central Indiana Cancer Centers Do you want related to cases can be accessed (EA-09-067) to reduce your at http://www.nrc.gov/reading- environmental rm/adams.html. ADAMS is the On May 27, 2009, the NRC issued impact? Are you Agencywide Document Access a Notice of Violation to Central doing all you and Management System. Help Indiana Cancer Centers for a can to conserve in using ADAMS is available from Severity Level (SL) III violation paper? In these the NRC Public Document Room, involving the failure to implement tough economic times, what ways telephone: 301-415-4737 or 10 CFR 20.1802. Specifically, as can you help your organization 1-800-397-4209. of February 18, 2009, on several maintain or stretch limited occasions while transporting a resources? Medical high dose-rate afterloader unit, By reducing the amount of paper S&M Testing Laboratory the licensee left the unit in an used, an organization can benefit (EA-08-332) unlocked vehicle for several from potential savings and help On June 8, 2009, the NRC issued minutes while retrieving other the environment. Paper reduction an Order Imposing Civil Monetary associated equipment. During not only saves natural resources, it Penalty to S&M Testing Laboratory these periods, the licensee did also decreases office costs and the (S&M). Because S&M failed to not control or maintain constant volume of office paper that needs comply with an NRC letter dated surveillance over the licensed to be handled. March 23, 2009, the agency material. Since most people read their issued a Notice of Violation and Department of the Army e-mail, distributing information Proposed Imposition of a Civil Walter Reed Army Medical such as the FSME Newsletter by Penalty (Notice) in the amount of Center (EA-09-039) e-mail is a practical way to reduce $16,250. S&M failed to respond paper consumption. E-mail to the Notice and the proposed On May 22, 2009, the NRC issued also gives the advantage of fast civil penalties. The NRC issued the a Notice of Violation to Walter delivery and the ability to forward Notice for the licensee’s deliberate Reed Medical Center (WRAMC) for copies to others. a Severity Level (SL) III problem

8 involving: (1) the failure to control KAM Engineering Services, P.C. byproduct material to only radioactive material not in storage (EA-09-034) those locations authorized by as required by 10 CFR 20.1802 and the NRC license. Specifically, On May 6, 2009, the NRC issued (2) a failure to provide adequate from May 1, 2007, through a Notice of Violation to KAM radiation safety instruction to a September 23, 2008, S&M stored Engineering Services (KAM-ES) for medical student who provided portable gauges at a location in two Severity Level III violations. care to a brachytherapy patient; Gurabo, Puerto Rico which was The first violation involved the and a SL III violation involving a not an authorized storage failure to file NRC Form 241, failure to provide event notification location on the license. The “Report of Proposed Activities in as required in a timely manner. second violation involved a Non-Agreement States,” at least 3 Specifically, on November 14, 2008, deliberate failure to provide the days before engaging in licensed the licensee lost control of NRC an opportunity to inspect activities within NRC jurisdiction. the brachytherapy sources for byproduct material and the Specifically, from March 1, 2008, approximately 5.5 hours when premises where the byproduct until January 21, 2009, KAM-ES, a a medical student, who had not material was stored, as required holder of a North Carolina license, been trained on the safe handling by 10 CFR 30.52(a). Specifically, stored or used portable gauges and shielding of brachytherapy from May 1, 2007, through in an area of exclusive Federal sources, inadvertently removed August 6, 2008, S&M failed to jurisdiction without a specific three ribbons containing respond to NRC letters and license issued by the NRC and did iridium-192 from a patient’s telephone calls that requested not file Form 241 with the NRC. bandage and improperly disposed information regarding licensed The second violation involved a of the sources. Consequently, activities and storage of licensed failure to use a minimum of two the sources were improperly material. The third violation independent physical controls transported to the trash involved a failure to use a that form tangible barriers to compactor, an uncontrolled minimum of two independent secure portable gauges from area, on WRAMC’s hospital physical controls that form unauthorized removal whenever loading dock. In addition, WRAMC tangible barriers to secure portable the gauges were not under the did not notify the NRC until gauges from unauthorized control and constant surveillance November 19, 2008, 5 days removal whenever the gauges of the licensee, as required by after this event. were not under the control and 10 CFR 30.34(i). Specifically, constant surveillance of the Memorial Hospital of KAM-ES periodically stored two licensee, as required by Sweetwater County (EA-09-071) portable gauges in a trailer-type 10 CFR 30.34(i). Specifically, container, and the trailer only On May 14, 2009, the NRC issued between May 1, 2007, and had a single lock on the door to a Notice of Violation to Memorial September 23, 2008, the portable secure gauges from unauthorized Hospital of Sweetwater County gauges were stored in locked removal whenever they were not for a Severity Level III violation metal boxes located in an under the control and constant involving the failure to implement unrestricted area, but the keys surveillance of KAM-ES. 10 CFR 20.1801. Specifically, on to the boxes were left in another February 12, 2009, the licensee S&M Testing Laboratory unrestricted area. During this stored radioactive materials in (EA-08-332) period, the gauges were not a hospital hot lab, a designated under the control and constant On March 23, 2009, the NRC issued controlled area, and did not surveillance of S&M. a Notice of Violation and Proposed secure the materials therein from Imposition of Civil Penalty in Quality Inspection Services, Inc. unauthorized removal or access by the amount of $16,250 to S&M (EA-08-158) failing to lock the hot lab door. Testing Laboratory (S&M) for three On March 10, 2009, the NRC Severity Level III violations. The issued a Confirmatory Order first violation involved a deliberate (effective immediately) to Quality failure to confine possession of Inspection Services, Inc. to

9 confirm commitments made as vault) and did not wear an alarm from an authorized storage a result of an Alternative Dispute ratemeter. The second violation location to an unauthorized Resolution (ADR) settlement involved the deliberate failure of storage location. She failed to agreement. QISI requested an the lead radiographer and the provide the NRC an opportunity to ADR after receiving a Notice of assistant radiographer to follow inspect the gauges, failed to Violation and Proposed Civil the Operating & Emergency respond to repeated contact Penalty in the amount of $6,500 from (O&E) Procedure and 10 CFR attempts by the NRC, and refused the NRC on September 15, 2008. 34.47(d) requirements when to provide an NRC inspector The NRC issued the notice the assistant radiographer had information regarding the licensed because the licensee willfully an off-scale pocket dosimeter. gauges, including their location violated 10 CFR 34.71, in its failure Specifically, on January 22, 2008, and conditions of storage. In this to maintain utilization logs of neither individual notified the case, she not only deliberately radiographic activities and three radiation safety officer after failed to respond to repeated other related violations. As part the radiographers realized the NRC correspondence and of the agreement, QISI agreed assistant radiographer’s dosimeter communication attempts, but to take a number of actions, was off scale. The assistant did not also failed to address or correct including revising its existing remove himself from the restricted the violations. Operations and Emergency area, and he was allowed to Dhiraj Soni (IA-08-022) Manual, adding a radiation continue working with and around safety component to its existing radioactive material although the On February 10, 2009, the NRC newsletter, developing a video radiation safety officer had not issued an Immediately Effective presentation at a national authorized his return to work, as Order to Mr. Dhiraj Soni, vice industry conference, increasing required by the O&E procedure president of Eastern Testing and audits of the radiographers’ and 10 CFR 34.47(d). Inspection Inc. (ETI), to prohibit working areas, and conducting him from involvement in NRC- Individual Actions an inquiry of all radiographers licensed activities for a period of 1-year during the next two annual Jennifer O’Neill-Torres from the date the Order went into radiation safety program reviews. (IA-08-072) effect. The NRC issued the In recognition of QISI’s proposed Order because Mr. Dhiraj Soni On March 23, 2009, the NRC extensive corrective actions and violated 10 CFR 30.10, when he issued an Order to Ms. Jennifer actions already taken, the NRC caused ETI, to be in violation O’Neil-Torres who is the radiation agreed to reduce the civil penalty of 10 CFR 30.9, in two separate safety officer, president, and owner originally proposed to $500. communications to the NRC of S&M Testing Laboratory (S&M), regarding its actions toward Radiography prohibiting her from involvement compliance with an NRC Order. in NRC-licensed activities for a Advex Corporation (EA-09-030) Mr. Dhiraj Soni also engaged in period of 5 years from the date the deliberate misconduct in violation On July 2, 2009, the NRC issued Order was issued. The NRC issued of 10 CFR 30.10 by deliberately a Notice of Violation for two the Order based on her providing inaccurate information in Severity Level III violations to engagement in deliberate verbal statements made to an NRC Advex Corporation (Advex). The misconduct, that inspector on September 20, 2006. first violation involved the failure caused the licensee to be in of an assistant radiographer violation of 10 CFR 30.34(c) and Himat Soni (IA-08-023) to wear an alarming ratemeter 10 CFR 30.52(a). Specifically, On February 10, 2009, the NRC while performing radiography, Ms. O’Neill-Torres deliberately issued an Effective Order to as described in Condition 19 of failed to obtain NRC approval via Mr. Himat Soni, president and Advex’s license. Specifically, on an amendment to S&M’s NRC part owner of Eastern Testing and January 22, 2008, an assistant license to authorize storage of Inspection, Inc. (ETI), to prohibit radiographer worked in a restricted licensed gauges at an alternate him from involvement in area (permanent radiography location before moving all gauges

10 NRC-licensed activities for a period provisions of CFR 2.390. of 1-year from the date the Order SIGNIFICANT EVENT (Technical Contact: T.D. Naquin, went into effect. The NRC issued NMSS, 301-492-3187, e-mail: Date and Place: February 3, 2009, the Order because Mr. Himat Soni [email protected]) Richland, WA violated 10 CFR 30.10, when he caused ETI to be in violation of an Regulatory Issue Summaries (RIS) Nature and Probable Causes: NRC Order. On February 12, 2009, the licensee The NRC issued RIS 2009-05, sent an employee for a lung (Contact: Michele Burgess, FSME, “Uranium Recovery Policy bioassay because airborne 301-415-5868, e-mail: Regarding: (1) The Process for contamination levels exceeded [email protected]) Scheduling Licensing Reviews of action levels. The employee’s first Applications for New Uranium lung count detected an average of Recovery Facilities, and (2) The approximately 14.8 becquerels GENERIC Restoration of Groundwater at (Bq) (0.4 nanocuries (nCi) of COMMUNICATIONS Licensed Uranium In-Situ Recovery americium-241 (Am-241)). ISSUED Facilities” on April 29, 2009. Assuming exposure occurred (March 31, 2009-June 30, 2009) The NRC issued this RIS to all 10 days earlier (based on holders of operating licenses for postexposure investigation The following are summaries of uranium recovery facilities and all findings), the intake was the NRC generic communications companies who have submitted approximately 70 Bq (1.9 nCi) of issued by FSME. If any of these applications to construct new Am-241. In the United States, the documents appears relevant to uranium recovery facilities of all annual limit on intake for Am-241 your needs and you have not types (conventional mills, heap is 222 Bq (6 nCi) (1 micron activity received it, please call one of the leach operations, and in situ median aerodynamic diameter technical contacts listed below. recovery facilities) or letters of particle size). The estimated dose The Internet address for the NRC intent to submit such applications. was about one-third of the annual library of generic communications (Technical Contact: Bill von Till, limit, or 0.16 sievert (Sv) (16 radiation is http://www.nrc.gov/reading-rm/ FSME, 301-415-0598, e-mail: equivilent in man (rem)) committed doc-collections/gen-comm/index. [email protected]). dose equivalent, which exceeded html. The NRC issued RIS 2009-07, the statutory annual limit of 0.5 Sv Bulletins “Status Update for the (50 rem). The worker had previous whole-body exposure, but this None. Implementation of NRC Regulatory Authority for added amount did not cause the Generic Letters Certain Naturally Occurring statutory limit to be exceeded. None. and Accelerator-Produced On March 25, 2009, the licensee Radioactive Material” on employer informed the Washington Information Notices (INs) May 7, 2009. The NRC issued State Department of Health that The NRC issued IN 2009-07, this RIS to all NRC material and further testing necessitated a “Withholding of Proprietary fuel cycle licensees along with revision to the original calculated Information from Public all Radiation Control Program dose and the new calculated dose Disclosure,” on March 30, 2009, Directors and State Liaison Officers. would exceed the 0.5 Sv (50 rem) to all current holders of and (Technical Contact: Shirley Xu, committed dose equivalent limit. potential applicants for licenses, FSME, 301-415-7640, e-mail: The licensee employer assumed certificates of compliance, [email protected]) that the date of exposure was permits, or standard design February 3, 2009. Fecal bioassay certifications, as well as any other (General Contact: Angela R. McIntosh, results from one other employee persons submitting a request FSME, 301-415-5030, email: who was also in the containment that information be withheld [email protected]) showed a small amount of activity, from public disclosure under the and a dose was assigned to this second worker that did not exceed

11 regulatory limits. The second including nasal smears for Unified Agenda of Federal employee’s lung bioassay was less immediate detection of intakes; Regulatory and Deregulatory than detection limits. using supplied air respirators Actions, 74 FR 22070, May 11, 2009. for high-risk work; and training On June 22, 2009, the licensee (Contact: Michael T. Lesar, ADM, workers, managers and health informed the Washington State 301-492-3663, e-mail: physics staff. The licensee resumed Department of Health that [email protected]) work in the area, and no further the committed effective dose exposures have occurred. Draft Regulatory Guide: Issuance, equivalent for the employee was Availability (DG-1237) (NRC-2008- 68 millisieverts (mSv) (6.8 rem) and (Contact: Angela R. McIntosh, 0122), 74 FR 23220, May 18, 2009, the committed dose equivalent FSME, 301-415-5030, e-mail: was 1.2 Sv (120 rem) to the bone [email protected]) Enhancements to Emergency surface. The employee’s deep dose Preparedness Regulations (NRC- equivalent from his dosimetry 2008-0122), 74 FR 23253, May 18, 2009, for the first quarter of 2009 was SELECTED FEDERAL and 0.3 mSv (30 mrem). Intake was REGISTER NOTICES calculated using the methodology Notice of Availability of Draft Draft Regulatory Guide: Issuance, of the International Commission NUREG-1536, Revision 1A, Availability; Correction (RG 1237) on Radiological Protection 30, “Standard Review Plan for Spent (NRC-2008-0122), 74 FR 24884, modified for clearance function. Fuel Dry Storage Systems at a May 26, 2009. Intake for Am-241 was calculated General License Facility,” and (Contact: Steven F. LaVie, NSIR, from lung deposition and calculated Opportunity to Provide Comments 301-415-1081, e-mail: clearance rates. Intake of plutonium (NRC-2009-0164), 74 FR 17546 and [email protected]) was inferred from excreta bioassay 74 FR 17696, April 15, 2009. results and assumed ratios of List of Approved Spent Fuel Am-241 to plutonium. The dose (Contact: Ron Parkhill, NMSS, Storage Casks: HI-STORM 100 was calculated using the computer 301-492-3324, fax number: Revision 6 (RIN AI60) (NRC-2009- based internal dosimetry code 301-492–3342, e-mail: 0132), 74 FR 26285, June 2, 2009, (CINDY) version 1.2. The particle [email protected]) and size was considered, and a 1-micron Physical Protection of Byproduct activity median aerodynamic Material (availability of preliminary List of Approved Spent Fuel diameter was chosen as the most draft rule language) (RIN AI12) Storage Casks: HI-STORM 100, appropriate particle size. (NRC-2008-0120), 74 FR 17794, Revision 6 (RIN AI60) (NRC-2009- 0132), 74 FR 26310, June 2, 2009. Although the exact cause of the April 17, 2009. incident is unknown, the assumed (Contact: Merri Horn, FSME, (Contact: Jayne M. McCausland, cause is a failure of the respiratory 301-415-8126, e-mail: FSME, 301-415-6219, e-mail: protection system. [email protected]) [email protected]) The licensee implemented Physical Protection of Byproduct Notice of Issuance of Regulatory several corrective actions. These Material (availability of preliminary Guide (RG 3.52, Rev. 2) (NRC-2008- include: testing each worker with draft rule language) (RIN AI12) 0506), 74 FR 26737, June 3, 2009. a challenge gas before high-risk (NRC-2008-0120), 74 FR 20235, (Contact: Breeda Reilly, NMSS, work; implementing increased May 1, 2009. engineering controls to mitigate 301-492-3110, e-mail: airborne contaminants; providing (Contact: Robert MacDougall, [email protected]) training using phosphorescent FSME, 301-415-5175, e-mail: powder and black lights for [email protected]) workers; performing more frequent bioassay samples,

12 NRC Enforcement Policy Revision Revision of Fee Schedules; Fee (NRC-2008-0497), 74 FR 27191, Recovery for FY 2009 (RIN AI52) Designated E-mail June 8, 2009. (NRC-2008-0620), 74 FR 27641, Address for Identified June 10, 2009. Errors IN NUREG-1556 (Contact: Doug Starkey, OE, DOCUMENTS 301-415-3456, e-mail: (Contact: Rebecca I. Erickson, Occasionally, stakeholders have [email protected]) OCF, 301-415-7126, e-mail: identified typographical errors or [email protected]) List of Approved Spent Fuel inconsistencies in the NUREG-1556 Storage Casks: Transnuclear, Export and Import of Nuclear “Consolidated Guidance About Inc., Standard NUHOMS System, Equipment and Material; Updates Materials Licenses.” The NRC Revision 10 (RIN AI62) (NRC-2009- and Clarifications (RIN AI16) invites stakeholders to submit 0162), 74 FR 27423, June 10, 2009. (NRC-2008-0567), 74 FR 29614, suggested corrections to any June 23, 2009. of the 21 volumes of the (Contact: Jayne M. McCausland, NUREG-1556 series to a FSME, 301-415-6219, e-mail: (Contact: Brooke G. Smith, OIP, designated e-mail address, [email protected]) 301-415-2347, e-mail: [email protected]. [email protected]) and (Contact: Lisa Dimmick, FSME, Limiting the Quantity of List of Approved Spent Fuel 301-415-0694, e-mail: Byproduct Material in a Generally Storage Casks: Transnuclear, [email protected]) Licensed Device, (RIN 3150-A133) Inc., Standard NUHOMS System, (NRC-2008-0272), 74 FR 38372, Revision 10 (RIN AI62) (NRC-2009- August 3, 2009. 0162), 74 FR 27469, June 10, 2009. (Contact: Solomon Sahle, FSME, (Contact: Jayne M. McCausland, 301-415-3781, e-mail: FSME 301-415-6219, e-mail: [email protected]) [email protected])

NOTE TO READERS: In our attempt to keep the FSME Licensee Newsletter interesting and relevant, we welcome your useful and informative feedback on the contents of the newsletter. If you would like to suggest topics, provide bulletins and/or Web site postings, or even write an article with pictures and/or self-explanatory diagrams, please contact Vanessa Cox or Gwendolyn Davis, FSME Rulemaking Branch A. Ms. Cox may be contacted at 301-415-8342 or [email protected]. Ms. Davis may be contacted at 301-415-8165 or [email protected]. In addition, to ensure that you receive your FSME Licensee Newsletter, please report any address or e-mail changes to Ms. Cox to prevent any interruption of service at [email protected]. Please send written correspondence to: Vanessa Cox, Editor FSME Licensee Newsletter Office of Federal and State Materials and Environmental Management Programs U.S. Nuclear Regulatory Commission Two White Flint North, Mail Stop: T-8-F42 Washington, D.C. 20555-0001

13