Tag: Regulatory Issue Summary

NRC Issues RIS re National Terrorism Advisory System

Posted on by cecysnyder@gmail.com

On June 1, 2018, the U.S. Nuclear Regulatory Commission (NRC) issued Regulatory Issue Summary (RIS) 2018-03 to provide information on the U.S. Department of Homeland Security’s (DHS’s) National Terrorism Advisory System (NTAS) to licensees who are authorized to possess Category 1 and 2 quantities of radioactive material.

Although RIS 2018-03 requires no action or written response on the part of any addressee, and it does not impose new regulatory requirements on NRC licensees, it provides information that addressees may wish to consider in the event that DHS issues an NTAS alert.

Overview

In the NTAS advisory system, an “Elevated Alert” threat level warns of a credible terrorist threat against the United States and its territories that is general in both timing and target, or the alert details significant trends and developments in terrorism such that it is reasonable to recommend the implementation of protective measures to thwart or mitigate an attack.  An “Imminent Alert” warns of a credible, specific and impending terrorist threat against the United States and its territories and recommends the implementation of protective measures to thwart or mitigate an attack.

In RIS 2018-03, the NRC recommends that licensees in possession of Category 1 and 2 quantities of radioactive material as listed in Appendix A to 10 CFR Part 37 maintain awareness of the NTAS.  The NRC further recommends that, following an NTAS alert, these licensees should consider the information found in the RIS enclosures.

NRC notes in RIS 2018-03 that licensees required to implement a physical security plan in accordance with paragraph (a) of 10 CFR 73.55, “Requirements for physical protection of licensed activities in nuclear power reactors against radiological sabotage,” are also required under 10 CFR 73.55(k)(10) to establish, maintain and implement a threat warning system.  NRC advises that these licensees may wish to use the information in RIS 2018-03 to revise their existing threat warning system.

Background

In the changed threat environment after the attacks of September 11, 2001, the Commission determined that certain licensed material should be subject to enhanced security requirements, and that individuals with unescorted access to risk-significant quantities of certain radioactive material should be subject to background investigations.  As part of the development of the enhanced security measures for this licensed material, the NRC performed threat and vulnerability assessments.  The purpose of these assessments was to identify gaps or vulnerabilities in security and the effectiveness and costs of certain physical protection enhancements at various licensed facilities.  The agency used the results of these assessments to develop enhanced security requirements that were issued to licensees via orders, using a graded approach based on the relative risk and quantity of material possessed by the licensee.

Generically applicable requirements are most effectively implemented through rulemaking rather than by orders.  Therefore, the NRC developed a rule for enhanced security for Category 1 and 2 quantities of radioactive material.  In developing this rule, the NRC considered, among other things, the various orders, lessons learned during implementation of the orders, recommendations of an independent external review panel and the Materials Program Working Group, and stakeholder comments received on the proposed rule and draft implementation guidance.

For additional information, please contact Duane White of the NRC at (301) 287-3627 or at Duane.White@nrc.gov.

NRC Issues RIS re Decommissioning Timeliness Rule Implementation and Associated Regulatory Relief

Posted on by MidwestCompact

On December 21, 2015, the U.S. Nuclear Regulatory Commission (NRC) issued Regulatory Issue Summary (RIS) 2015-19 titled, “Decommissioning Timeliness Rule Implementation and Associated Regulatory Relief.”

RIS 2015-19 was distributed to all holders of and applicants for NRC licenses under Title 10 of the Code of Federal Regulations (10 CFR) Part 30, “Rules of General Applicability to Domestic Licensing of Byproduct Material;” 10 CFR Part 40, “Domestic Licensing of Source Material;” 10 CFR Part 70, “Domestic Licensing of Special Nuclear Material;” and,

10 CFR Part 72, “Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and Reactor- Related Greater than Class C Waste.” The notice was also distributed to Agreement State Radiation Control Program Directors and State Liaison Officers.

According to the document, NRC issued RIS 2015-19 in order to:

  1. provide clarity on the Decommissioning Timeliness Rule’s (DTR’s) requirements to notify the NRC to begin and complete decommissioning after certain criteria are met;
  1. highlight opportunities for licensees to request alternatives to the DTR’s requirements;
  1. remind licensees that there are situations where they can request an alternative to the DTR’s timeliness requirements for both beginning and completing decommissioning if adequately justified;
  1. clarify when the DTR applies to licensees whose only location of use are temporary jobsites; and,
  1. clarify when the NRC considers that the licensee has transitioned from an “operational” to a “decommissioning” status.

RIS 2015-19 requires no action or written response beyond that already required by regulations. The NRC provided RIS 2015-19 to the Agreement States for their information and for distribution to their licensees, as appropriate. However, a notice of opportunity for public comment on RIS 2015-19 was not published in the Federal Register because the RIS is intended to be informational and is not intended to represent a departure from current regulatory requirements.

NRC generic communications may be found on the NRC public Web site at http://www.nrc.gov by going to “NRC Library” and then to “Document Collections.” For additional information, please contact Greg Chapman of the NRC’s Office of Nuclear Material Safety and Safeguards (NMSS) at (301) 415-8718 or at Gregory.Chapman@nrc.gov.

NRC Seeks Comments re Contaminated Material and Contaminated Trash

Posted on by MidwestCompact

In a Federal Register notice issued on January 20, 2016, the U.S. Nuclear Regulatory Commission (NRC) announced that the agency is requesting comments on whether NRC staff should formally document a position on contaminated material and contaminated trash.

In February 2015, NRC issued Revision 1 of the Branch Technical Position on Concentration Averaging and Encapsulation (CA BTP). The CA BTP provides acceptable methods that can be used to perform concentration averaging of low-level radioactive waste for the purpose of determining its waste class for disposal. When the NRC issued the revised CA BTP, it noted that one issue, distinguishing contaminated materials from contaminated trash, may need further clarification. The NRC also stated that it would consider whether additional guidance, such as a Regulatory Issue Summary (RIS), would be warranted for distinguishing contaminated materials from contaminated trash.

Interested stakeholders are requested to submit comments by March 21, 2016. Comments received after this date will be considered if it is practical to do so, but NRC is able to ensure consideration only for comments received before this date.

The Federal Register notice includes a list of questions for which the NRC is requesting specific comments, as well as information on how to submit comments.

NRC’s request for comments can be found at 81 Federal Register 3,166 (January 20, 2016) via the following link: https://www.gpo.gov/fdsys/pkg/FR-2016-01-20/pdf/2016-00972.pdf.

For additional information, please contact Don Lowman, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, at (301) 415– 5452 or at Donald.Lowman@nrc.gov.