Comment Opportunity re Category 3 Source Protection and Accountability

On January 9, 2017, the U.S. Nuclear Regulatory Commission (NRC) published a notice in the Federal Register seeking input from licensees, Agreement States, and the public to inform the agency staff’s assessment of potential revisions to regulations or processes requiring Category 3 source protection and accountability.   Comments on the notice, which contains specific questions that NRC has developed to assist the agency in its analysis that are separated into sections based on the topics and applicability to relevant stakeholders, are due by the close of business on March 10, 2017.

“The NRC is committed to keeping the public informed and values public involvement in its assessment effort,” states the Federal Register notice.  “Responses to this solicitation will be considered by NRC in preparing a report to the Committees on Appropriations of the House of Representatives and the Senate, pursuant to Public Law 113– 235, Section 403 and will inform staff consideration of the regulatory impacts for any recommendations related to Category 3 source security and accountability, which will be documented in a paper to be provided to the Commission in August 2017.”

The notice further states that the NRC plans to hold three public meetings and two webinars during the public comment period for this action.  The first public meeting was held at the NRC headquarters in Rockville, Maryland on January 31, 2017.  The two other public meetings will be held outside of the Washington, DC area.  The webinars are scheduled for February 21, 2017 and March 2, 2017.  The public meetings and webinars will provide forums for the NRC staff to discuss the issues and questions with members of the public.  NRC plans to use the information received to develop a report to the Commission.

Overview

On October 18, 2016, NRC issued a Staff Requirements Memorandum (SRM) for COMJMB–16–0001 and directed NRC staff to take specific actions to evaluate whether it is necessary to revise NRC regulations or processes governing source protection and accountability.

Specifically, the Commission asked the staff to conduct an evaluation of, among other things, the pros and cons of different methods of requiring transferors of Category 3 quantities of radioactive material to verify the validity of a transferee’s license prior to transfer; the pros and cons of including Category 3 sources in the National Source Tracking System (NSTS); and, the risks posed by aggregation of Category 3 sources into Category 2 quantities.

As part of this evaluation, the NRC is seeking input from licensees, Agreement States, and the public to inform the staff’s assessment of potential revisions to regulations or processes requiring Category 3 source protection and accountability.

Comments

Interested stakeholders may submit comments by any of the following methods:

  •   Federal Rulemaking Website:  Go to http://www.regulations.gov and search for Docket ID NRC–2016–0276.
  •   Mail comments to: Cindy Bladey, Office of Administration, Mail Stop: OWFN–12–H08, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001.

Interested stakeholders are requested to please include Docket ID NRC–2016– 0276 in any comment submission.  Comments are due by the close of business on March 10, 2017.

For additional information, please contact Irene Wu of the NRC’s Office of Nuclear Material Safety and Safeguards (NMSS) at (301) 415– 1951 or at Irene.Wu@nrc.gov.

Commissioner Proposes NRC Revisit Tracking of Category 3 Sources

In a memo dated July 29, 2016, NRC Commissioner Baran proposes that U.S. Nuclear Regulatory Commission (NRC) staff revisit the question of whether and how to track Category 3 sources.  In the memo, Commissioner Baran asserts that the “case for doing so is even stronger today than it was seven years ago.”

The memo concludes with the following proposed staff direction:

In light of [the Government Accountability Office’s] GAO’s findings and the years of operating experience with the [National Source Tracking System] NSTS, I propose that the NRC staff take a fresh look at the question of whether and how to track Category 3 sources. This re-evaluation can build on the efforts of the working groups established in response to the GAO investigation. I propose that, within six months of the Staff Requirements Memorandum resulting from this paper, the staff should submit a notation vote paper to the Commission that includes the following:

1)   An evaluation of the pros and cons of different methods of requiring transferors of Category 3 sources to verify the validity of a transferee’s license prior to the transfer; 


2)   An evaluation of the pros and cons of including Category 3 sources in the NSTS; and 


3)   Based on these evaluations, options for addressing the GAO recommendations.

In conducting these evaluations, the staff should assess the risks posed by the aggregation of Category 3 sources into Category 2 quantities and consider the current views of our Agreement States partners.

The memo, which has been posted to the Resources Page of the Disused Sources Working Group (DSWG) web site, is also publicly available via the “Recently Released Commission Documents for 2016” area of the NRC Web site at www.nrc.gov under Accession No. ML16197A229.

For additional information, please see the Resources page of the DSWG web site at www.disusedsources.org

NRC Releases Results of Byproduct Material Financial Scoping Study

On April 27, 2016, the U.S. Nuclear Regulatory Commission (NRC) released SECY-16-0046, Results of the Byproduct Material Financial Scoping Study.  The purpose of SECY-16-0046 is to provide the Commission with the results of the staff’s byproduct material financial scoping study and recommendations for next steps.

In SECY-16-0046, NRC staff recommends that the financial assurance requirements in 10 CFR 30.35 should be expanded to include all byproduct material Category 1 and 2 radioactive sealed sources that are tracked in the National Source Tracking System (NSTS).  In making this recommendation, staff notes as follows:

The thresholds in 10 CFR 30.35 that require financial assurance for sealed radioactive material are seven orders of magnitude higher than for unsealed material.  As a result, many licensees that possess byproduct material Radioactive Sealed Sources (RSS), including many Category 1 and 2 RSSs, are not required to provide financial assurance for decommissioning.  If financial assurance is required, it is intended to support site decommissioning, not necessarily the disposition of an individual RSS that has become disused or unwanted.  Adequacy of financial planning for disposition of disused RSSs has been raised in a number of external reports issued over the past decade.

SECY-16-0046 further states that, per recent Commission direction, the staff plans to develop a rulemaking plan SECY paper to propose initiating rulemaking, which will also include a discussion of other regulatory options.  The staff plans to provide the SECY paper to the Commission in the fourth quarter of FY 2016.

NRC also released an accompanying document titled, Financial Planning for Radioactive Byproduct Material—Scoping Report, that provides background information; reviews key reports and recommendations; analyzes technical considerations; discusses decommissioning financial assurance requirements and funding plans; considers financial assurance methods and funding mechanisms, disposition paths other than disposal, and establishing funding requirements for disposition; reviews life-cycle issues, orphan sources, timeliness in declaring and dispositioning disused sources, and tracking; considers applicability to General Licenses, compatibility with Agreement State requirements, and security considerations; provides an overview of disposal access, DOE/NNSA source recovery and disposal programs, and transportation considerations; and, so forth.

SECY-16-0046 may be found on the NRC’s web site at www.nrc.gov under Accession Number ML16068A202.  Enclosure 1 may be found on the web site under Accession Number ML16068A205.