96-283. Abnormal Occurrence Reports: Implementation of Section 208 Energy Reorganization Act of 1974; Proposed Policy Statement  

  • [Federal Register Volume 61, Number 6 (Tuesday, January 9, 1996)]
    [Notices]
    [Pages 661-669]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-283]
    
    
    
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    NUCLEAR REGULATORY COMMISSION
    
    
    Abnormal Occurrence Reports: Implementation of Section 208 Energy 
    Reorganization Act of 1974; Proposed Policy Statement
    
    AGENCY: Nuclear Regulatory Commission.
    
    ACTION: Proposed policy statement.
    
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    SUMMARY: This policy statement presents the revised criteria the 
    Commission is considering for use in submitting the quarterly abnormal 
    occurrence (AO) reports to Congress and the public in a timely manner 
    as stated in Section 208 of the Energy Reorganization Act of 1974, as 
    amended. The AO policy statement has been revised to provide more 
    specific criteria for determining those incidents and events that the 
    Commission considers significant from the standpoint of public health 
    and safety for reporting to Congress, and to make the AO policy 
    consistent with recent changes to NRC regulations. The revised AO 
    criteria contain more discrete reporting thresholds making them easier 
    to use and ensuring more consistent application of the intended AO 
    reporting policy set forth by the Commission.
    
    DATES: The public comment period on this proposed policy statement ends 
    April 8, 1996. Comments received after the public comment period will 
    be addressed if it is practicable to do so, but the Commission is able 
    to ensure consideration of only those comments received on or before 
    the last day of the comment period.
    
    ADDRESSES: Send comments to: Secretary, U.S. Nuclear Regulatory 
    Commission, Washington DC 20555, Attn: Docketing and Service Branch.
        Hand deliver comments to 11555 Rockville Pike, Rockville, Maryland, 
    between 7:45 a.m. and 4:15 p.m. Federal workdays.
        Examine comments received at the NRC Public Document Room, 2120 L 
    Street NW (Lower Level), Washington, DC.
    
    FOR FURTHER INFORMATION CONTACT: Harriet Karagiannis, Office for 
    Analysis and Evaluation of Operational Data, U.S. Nuclear Regulatory 
    Commission, Washington, DC 20555, telephone: (301) 415-6377.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        Section 208 of the Energy Reorganization Act of 1974 (Public Law 
    93-438, 42 U.S.C. 5848), as amended, provides that:
        The Commission shall submit to Congress each quarter a report 
    listing for that period any AOs at or associated with any facility 
    which is licensed or otherwise regulated pursuant to the Atomic Energy 
    Act of 1954, as amended, or pursuant to this Act. For the purposes of 
    this Section, an AO is an unscheduled incident or event which the 
    Commission has determined to be significant from the standpoint of 
    public health and safety. Nothing in the preceding sentence shall limit 
    the authority of a court to review the determination of the Commission. 
    Each such report shall contain:
        (1) The date and place of each occurrence;
        (2) The nature and probable consequence of each occurrence;
        (3) The cause or causes of each; and
        (4) Any action taken to prevent recurrence.
        The Commission shall also provide as wide dissemination to the 
    public of the information specified in clauses (1) and (2) of this 
    section as reasonably possible within 15 days of its receiving 
    information of each AO and shall provide as wide dissemination to the 
    public as reasonably possible of the information specified in clauses 
    (3) and (4) as soon as such information becomes available to it.
        In July 1975, in the exercise of the authority conferred upon the 
    Commission by Congress to determine which unscheduled incidents or 
    events are significant from the standpoint of public health and safety 
    and are reportable to Congress as AOs, the Commission developed interim 
    criteria for evaluating licensee incidents or events. On the basis of 
    these interim criteria and as required by Section 208, the Commission 
    began issuing quarterly reports to Congress on AOs. These reports 
    1 ``Report to Congress on Abnormal Occurrences,'' have been issued 
    in NUREG 75/090 and NUREG-0090-1 through 5 for the period from January 
    1975 through September 1976. On the basis of its experience in the 
    preparation and issuance of AO reports, the Commission issued a general 
    statement of policy that described the manner in which it will, as part 
    of the routine conduct of its business, carry out its responsibilities 
    under Section 208 of the Energy Reorganization Act of 1974, as amended, 
    for identifying AOs and making the requisite information concerning 
    each such occurrence available to Congress and the public in a timely 
    manner. This general statement of policy was published in the Federal 
    Register on February 24, 1977 (Vol. 42, No. 37, pages 10950-10952) and 
    provides criteria and examples of types of events that the Commission 
    uses in determining whether a particular event is reportable to 
    Congress as an AO. The Commission has since refined this statement of 
    policy on a number of occasions to reflect changes in regulation and 
    policy. On the basis of these criteria, and as required by Section 208 
    of the Energy Reorganization Act of 1974, as amended, the Commission 
    has issued quarterly reports to Congress on AOs since March 1977. These 
    reports, 
    
    [[Page 662]]
    ``Report to Congress on Abnormal Occurrences,'' have been issued in 
    NUREG-0090-6 through 10 and NUREG-0090, Volumes 1 through 18.
    
        \1\ Copies of the NUREG-0090 series may be obtained from the 
    Superintendent of Documents, U.S. Government Printing Office, Mail 
    Stop SSOP, Washington, DC 20402-9328, the National Technical 
    Information Service, 5285 Port Royal Road, Springfield, VA 22161, 
    and the NRC Public Document Room, 2120 L Street, NW (Lower Level), 
    Washington, DC. 20037
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        Based on its experience to date in the preparation and issuance of 
    AO reports, the Commission has decided that its responsibilities under 
    Section 208 can be carried out more appropriately if the existing AO 
    criteria are updated to reflect changes in the Commission's policy and 
    changes to the regulations. Accordingly, the Commission is issuing this 
    general statement of policy that describes the manner in which the 
    Commission will, as part of the routine conduct of its business, carry 
    out its responsibilities under Section 208 of the Energy Reorganization 
    Act of 1974, as amended, for identifying AOs and making the requisite 
    information concerning each such occurrence available to Congress and 
    the public in a timely manner. Included in the policy statement are 
    criteria that the Commission will use in determining whether a 
    particular event is a reportable AO within the meaning of Section 208. 
    It is expected that as additional experience is gained, changes in the 
    criteria may be required.
    
    Paperwork Reduction Act Statement
    
        This proposed policy statement does not contain a new or amended 
    information collection requirement subject to the Paperwork Reduction 
    Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements were 
    approved by the Office of Management and Budget, approval 3150-0014, 10 
    CFR Part 20; 3150-0017, 10 CFR Part 30; 3150-0016, 10 CFR Part 31; 
    3150-0001, 10 CFR Part 32; 3150-0015, 10 CFR Part 33; 3150-0007, 10 CFR 
    Part 34; 3150-0010, 10 CFR Part 35; 3150-0158, 10 CFR Part 36; 3150-
    0130, 10 CFR Part 39; 3150-0020, 10 CFR Part 40; 3150-0011, 10 CFR Part 
    50; 3150-0135, 10 CFR Part 61; 3150-0009, 10 CFR Part 70; 3150-0008, 10 
    CFR Part 71; and 3150-0132, 10 CFR Part 72; 3150-0002, 10 CFR Part 73; 
    and 3150-0093, 10 CFR Part 100.
    
    Public Protection Notification
    
        The NRC may not conduct or sponsor, and a person is not required to 
    respond to, a collection of information unless it displays a currently 
    valid OMB control number
    
    Abnormal Occurrence Reporting
    
        The general statement of policy has been developed to comply with 
    the legislative intent of Section 208 of the Energy Reorganization Act 
    of 1974, as amended, to keep Congress and the public informed of 
    unscheduled incidents or events which the Commission considers 
    significant from the standpoint of public health and safety. The policy 
    reflects a range of health and safety concerns and is applicable to 
    incidents and events involving a single occupational worker as well as 
    those having an overall impact on the general public.
        The policy statement contains criteria that include the reporting 
    thresholds for determining those incidents and events that are 
    reportable by NRC for the purposes of Section 208 of the Energy 
    Reorganization Act of 1974, as amended. The Commission has established 
    the reporting thresholds at a level which will assure that all events 
    that should be considered for reporting to Congress will be identified. 
    At the same time, the thresholds are generally above the normal level 
    of reporting to NRC to exclude those events which involve some variance 
    from regulatory limits, but are not significant from the standpoint of 
    public health and safety.
    
    Licensee Reports
    
        This general statement of policy will not change the reporting 
    requirements imposed on NRC licensees by Commission regulations, 
    license conditions, or technical specifications (TS). NRC licensees 
    will continue to submit required reports on a wide spectrum of events, 
    including events such as instrument malfunctions and deviations from 
    normal operating procedures that are not significant from the 
    standpoint of the public health and safety but which provide data 
    useful to the Commission in monitoring operating trends of licensed 
    facilities and in comparing the actual performance of these facilities 
    with the potential performance for which the facilities were designed 
    and/or licensed. Information pertaining to all events reported to NRC 
    will continue to be made available and placed in the public document 
    rooms for public perusal. In addition, NRC publishes annual reports on 
    events (NUREG-1272 series). Information can also be obtained by writing 
    to the U.S. Nuclear Regulatory Commission, Public Document Room, 
    Washington, DC 20555. In addition, the Commission will continue to 
    issue news announcements on events that seem to be newsworthy whether 
    or not they are reported as AOs.
        The Commission invites all interested persons who wish to submit 
    written comments or suggestions on the AO criteria in this policy 
    statement. A period of 90 days from the date of publication has been 
    established for receiving comments pertaining to this proposed policy 
    statement. The NRC staff will analyze all comments and revise the 
    policy statement accordingly and then resubmit it to the Commission for 
    final approval. The policy statement is currently scheduled to be 
    presented to the Commission for final approval during the summer of 
    1996.
    
    General Statement of Policy on Implementation of Section 208 of the 
    Energy Reorganization Act of 1974, as Amended
    
        1. Applicability--Implementation of Section 208 of the Energy 
    Reorganization Act of 1974, as amended, Abnormal Occurrence Reports, 
    involves the conduct of Commission business and does not impose 
    requirements on licensees. Reports will cover certain unscheduled 
    incidents or events related to the manufacture, construction, or 
    operation of a facility or conduct of an activity subject to the 
    requirements of Parts 20, 30 through 36, 39, 40, 50, 61, 70, 71, or 72 
    of Chapter I, Title 10, Code of Federal Regulations (10 CFR).
        Under an exchange of information program, Agreement States provide 
    information to NRC on incidents and events involving applicable nuclear 
    materials that have occurred in their States. Those events reported by 
    Agreement States that reach the threshold for reporting as an AO are 
    also published in the quarterly ``Report to Congress on Abnormal 
    Occurrences.''
        2. Definition of terms--As used in this policy statement: (a) An 
    abnormal occurrence means an unscheduled incident or event at a 
    facility or associated with an activity that is licensed or otherwise 
    regulated, pursuant to the Atomic Energy Act of 1954, as amended, or 
    the Energy Reorganization Act of 1974, as amended, that the Commission 
    determines to be significant from the standpoint of public health and 
    safety; and (b) an unintended radiation exposure includes any 
    occupational exposure, exposure to the general public, or exposure as a 
    result of a medical misadministration (as defined in 10 CFR 35.2) 
    involving the wrong individual that exceeds the reporting values 
    established in the regulations. All other reported medical 
    misadministrations will be considered for reporting as an AO under the 
    criteria for medical licensees. In addition, unintended radiation 
    exposures include any exposure to a nursing infant, fetus, or embryo as 
    a result of an exposure (other than an occupational exposure to an 
    undeclared pregnant woman) to a nursing mother or pregnant woman.
        3. Abnormal occurrence general statement of policy--The Commission 
    will apply the following policy in 
    
    [[Page 663]]
    determining whether an incident or event at a facility or involving an 
    activity that is licensed or otherwise regulated by the Commission is 
    an AO within the purview of Section 208 of the Energy Reorganization 
    Act of 1974, as amended.
        An incident or event will be considered an AO if it involves a 
    major reduction in the degree of protection of the public health or 
    safety. Such an incident or event would have a moderate or more severe 
    impact on the public health or safety and could include but need not be 
    limited to the following:
        (1) Moderate exposure to, or release of, radioactive material 
    licensed by or otherwise regulated by the Commission;
        (2) Major degradation of essential safety-related equipment; or
        (3) Major deficiencies in design, construction, use of, or 
    management controls for licensed facilities or material.
        Criteria by type of event used to determine which incidents or 
    events will be considered for reporting as AOs are set out in Appendix 
    A of this policy statement.
        4. Commission dissemination of AO information.
        (a) The Commission will provide as wide a dissemination of 
    information to the public as reasonably possible. A Federal Register 
    notice will be issued on each AO with copies distributed to the NRC 
    Public Document Room and all local public document rooms. When 
    additional information is anticipated, the notice will state that the 
    information can be obtained at the NRC Public Document Room and in all 
    local public document rooms.
        (b) Each quarter, the Commission will submit a report to Congress 
    listing for that period any AOs at or associated with any facility or 
    activity which is licensed or otherwise regulated pursuant to the 
    Atomic Energy Act of 1954, as amended, or the Energy Reorganization Act 
    of 1974, as amended. This report will contain the date, place, nature, 
    and probable consequence of each AO, the cause or causes of each AO, 
    and any action taken to prevent recurrence.
    
    Appendix A--Abnormal Occurrence Criteria
    
        Criteria by types of events used to determine which incidents or 
    events will be considered for reporting as AOs are as follows:
    I. For All Licensees
        A. Human Exposure to Radiation from Licensed Material:
        1. Any unintended radiation exposure to an adult (any individual 18 
    years of age or older) resulting in an annual total effective dose 
    equivalent (TEDE) of 250 millisievert (mSv) (25 rem) or more; or the 
    sum of the annual deep dose equivalent and committed dose equivalent to 
    any individual organ or tissue, other than bone marrow, the lens of the 
    eye, or gonads of 2500 mSv (250 rem) or more; or an annual dose 
    equivalent to bone marrow, the lens of the eye, or gonads of 500 mSv 
    (50 rem) or more; or an annual shallow-dose equivalent to the skin or 
    extremities of 2500 mSv (250 rem) or more.
        2. Any unintended radiation exposure to any minor (an individual 
    less than 18 years of age) resulting in an annual TEDE of 50 mSv (5 
    rem) or more, or to an embryo/fetus resulting in a dose equivalent of 
    50 mSv (5 rem) or more.
        3. Any radiation exposure that has resulted in unintended permanent 
    functional damage to an organ or a physiological system as determined 
    by a physician.
        B. Discharge or Dispersal of Radioactive Material from its Intended 
    Place of Confinement:
        1. The release of radioactive material to an unrestricted area in 
    concentrations which, if averaged over a period of 24 hours, exceed 
    5000 times the values specified in Table 2 of Appendix B to 10 CFR Part 
    20, unless the licensee has demonstrated compliance with 10 CFR 20.1301 
    using 20.1302(b)(1) or 20.1302(b)(2)(ii).
        2. Radiation levels in excess of the design values for a package, 
    or the loss of confinement of radioactive material resulting in one or 
    more of the following: (a) A radiation dose rate of 10 mSv (1 rem) per 
    hour or more at 1 meter (3.28 feet) from the accessible external 
    surface of a package containing radioactive material, (b) a radiation 
    dose rate of 50 mSv (5 rem) per hour or more on the accessible external 
    surface of a package containing radioactive material and that meet the 
    requirements for ``exclusive use'' as defined in 10 CFR 71.47, or (c) 
    release of radioactive material from a package in amounts greater than 
    the regulatory limits in 10 CFR 71.51(a)(2).
        C. Theft, Diversion, or Loss of Licensed Material, or Sabotage or 
    Security Breach 2:
    
        \2\ Information pertaining to certain incidents may be either 
    classified or under consideration for classification because of 
    national security implications. Classified information will be 
    withheld when formally reporting these incidents in accordance with 
    Section 208 of the Energy Reorganization Act of 1974, as amended. 
    Any classified details regarding such incidents would be available 
    to the Congress, upon request, under appropriate security 
    arrangements.
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        1. Any lost, stolen, or abandoned sources that exceed 0.01 times 
    the A1 values, as listed in 10 CFR Part 71, Appendix A, Table A-1, 
    for special form (sealed/nondispersible) sources, or the smaller of the 
    A2 or 0.01 times the A1 values, as listed in Table A-1, for 
    normal form (unsealed/ dispersible) sources or for sources for which 
    the form is not known. Excluded from reporting under this criterion are 
    those events involving sources that are lost, stolen, or abandoned 
    under the following conditions: sources abandoned in accordance with 
    the requirements of 10 CFR 39.77(c); sealed sources contained in 
    labeled, rugged source housings; recovered sources with sufficient 
    indication that doses in excess of the reporting thresholds specified 
    in AO criteria I.A.1 and I.A.2 did not occur during the time the source 
    was missing; and unrecoverable sources lost under such conditions that 
    doses in excess of the reporting thresholds specified in AO criteria 
    I.A.1 and I.A.2 were not known to have occurred.
        2. A substantiated case of actual or attempted theft or diversion 
    of licensed material or sabotage of a facility.
        3. Any substantiated loss of special nuclear material or any 
    substantiated inventory discrepancy that is judged to be significant 
    relative to normally expected performance, and that is judged to be 
    caused by theft or diversion or by substantial breakdown of the 
    accountability system.
        4. Any substantial breakdown of physical security or material 
    control (i.e., access control containment or accountability systems) 
    that significantly weakened the protection against theft, diversion, or 
    sabotage.
        D. Other Events (i.e., those concerning design, analysis, 
    construction, testing, operation, use, or disposal of licensed 
    facilities or regulated materials):
        1. An accidental criticality [10 CFR 70.52(a)].
        2. A major deficiency in design, construction, control, or 
    operation having significant safety implications requiring immediate 
    remedial action.
        3. A serious deficiency in management or procedural controls in 
    major areas.
        4. Series of events (where individual events are not of major 
    importance), recurring incidents, and incidents with implications for 
    similar facilities (generic incidents) that create a major safety 
    concern.
    
    II. For Commercial Nuclear Power Plant Licensees
    
        A. Malfunction of Facility, Structures, or Equipment: 
        
    [[Page 664]]
    
        1. Exceeding a safety limit of license TS [10 CFR 50.36(c)].
        2. Serious degradation of fuel integrity, primary coolant pressure 
    boundary, or primary containment boundary.
        3. Loss of plant capability to perform essential safety functions 
    such that a release of radioactive materials, which could result in 
    exceeding the dose limits of 10 CFR Part 100 or 5 times the dose limits 
    of 10 CFR Part 50, Appendix A, General Design Criterion (GDC) 19, could 
    occur from a postulated transient or accident (e.g., loss of emergency 
    core cooling system, loss of control rod system).
        B. Design or Safety Analysis Deficiency, Personnel Error, or 
    Procedural or Administrative Inadequacy:
        1. Discovery of a major condition not specifically considered in 
    the safety analysis report (SAR) or TS that requires immediate remedial 
    action.
        2. Personnel error or procedural deficiencies that result in loss 
    of plant capability to perform essential safety functions such that a 
    release of radioactive materials, which could result in exceeding the 
    dose limits of 10 CFR Part 100 or 5 times the dose limits of 10 CFR 
    Part 50, Appendix A, GDC 19, could occur from a postulated transient or 
    accident (e.g., loss of emergency core cooling system, loss of control 
    rod system).
    
    III. For Fuel Cycle Licensees
    
        1. A required plant shutdown as a result of violating a license 
    condition safety limit.
        2. A major condition not specifically considered in the SAR or TS 
    that requires immediate remedial action.
        3. An event that seriously compromises the ability of a confinement 
    system to perform its designated function.
    
    IV. For Medical Licensees
    
        A medical misadministration that:
        (a) results in a dose that is (1) equal to or greater than 1 gray 
    (Gy) (100 rads) to a major portion of the bone marrow, to the lens of 
    the eye, or to the gonads, or (2) equal to or greater than 10 Gy (1000 
    rads) to any other organ; and
        (b) represents either (1) a dose or dosage that is at least 50 
    percent greater than that prescribed in a written directive or (2) a 
    prescribed dose or dosage that (i) is the wrong 
    radiopharmaceutical,3 or (ii) is delivered by the wrong route of 
    administration, or (iii) is delivered to the wrong treatment site, or 
    (iv) is delivered by the wrong treatment mode, or (v) is from a leaking 
    source(s).
    
        \3\ The wrong radiopharmaceutical as used in the AO criterion 
    for medical misadministrations refers to any radiopharmaceutical 
    other than the one listed in the written directive or in the 
    diagnostic clinical procedures manual.
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    V. Guidelines for ``Other Events of Interest''
    
        The Commission may determine that events other than AOs may be of 
    interest to Congress and be included in an Appendix to the AO report as 
    ``Other Events of Interest''. Guidelines for events to be included in 
    the AO report for this purpose are as follows:
        Items that may possibly be perceived by the public to be of health 
    or safety significance. Such items do not involve a major reduction in 
    the level of protection provided for public health or safety; 
    therefore, they are not reportable as abnormal occurrences. An example 
    is an event where upon final evaluation by an NRC Incident 
    Investigation Team, or an Agreement State equivalent response, a 
    determination is made that such event does not meet the criteria for an 
    abnormal occurrence.
    
    Supplemental Information--Bases for Revised Abnormal Occurrence 
    Reporting Policy Statement
    
        1. Discussion--The AO reporting policy has been developed to comply 
    with the legislative intent of Section 208 of the Energy Reorganization 
    Act of 1974, as amended, to keep Congress and the public informed of 
    unscheduled incidents or events which the Commission considers 
    significant from the standpoint of public health and safety. The policy 
    reflects a range of health and safety concerns related to production 
    and utilization facilities and the possession and use of byproduct, 
    source, and special nuclear materials licensed or otherwise regulated 
    pursuant to the Atomic Energy Act of 1954, as amended, or to the Energy 
    Reorganization Act of 1974, as amended. These safety concerns can 
    include events ranging from an overexposure of a single occupational 
    worker to those having an overall impact on the general public.
        The revised policy statement provides a more usable policy for 
    determining which events will be reported to Congress as AOs. The 
    revised AO criteria in Appendix A contain more discrete reporting 
    thresholds than those previously provided in the examples of AOs for 
    easier and consistent application of the provisions established by the 
    policy statement for reporting to Congress.
        The consistent application of the AO criteria by the staff, 
    Agreement States, and licensees for proposing events as potential AOs 
    to the Commission is important and requires established reporting 
    thresholds whenever practicable. These reporting thresholds were 
    selected with the intent of capturing the majority of the significant 
    events and eliminating nonsignificant events from those to be proposed 
    to the Commission.
        An additional criterion has been added for those uncommon 
    significant events that could occur without triggering a reporting 
    threshold. This new criterion would require radiation exposures that 
    have resulted in unanticipated permanent functional damage of an organ 
    or physiological system, as determined by a physician, be reported to 
    Congress. See Criterion I.A.3 in Appendix A.
        The policy statement has also been revised to include changes that 
    have been made to the regulations.
        The revised criteria have been applied to events previously 
    considered as potential AOs to ensure that the new criteria will 
    identify significant events and eliminate nonsignificant events from 
    those to be proposed to the Commission. A similar review of events 
    involving lost, stolen, and abandoned source events has also been 
    performed. The results of these reviews were documented in Attachments 
    2, and 3 to the Commission paper, SECY-95-083, ``Revised Abnormal 
    Occurrence Criteria,'' dated April 5, 1995.
        2. Definition of terms--Terms relating to the bases for the AO 
    reporting criteria are defined as follows:
        (a) Nonstochastic effects are those health effects, the severity of 
    which varies with the dose, and for which a threshold is believed to 
    exist. Radiation-induced cataract formation is an example of a 
    nonstochastic effect (also called deterministic effect). [10 CFR 
    20.1003]
        (b) Stochastic effects are those health effects that occur randomly 
    and for which the probability of the effect occurring, rather than its 
    severity, is assumed to be a linear function of dose without threshold. 
    Hereditary effects and cancer incidence are examples of stochastic 
    effects. [10 CFR 20.1003]
        (c) Threshold dose denotes the amount of radiation below which no 
    effect under consideration is likely to occur. Threshold dose is 
    applicable to deterministic effects.
        (d) Reporting threshold denotes a discrete value at or above which 
    an occurrence will be considered for reporting as an AO.
        3. Abnormal occurrence criteria-- The AO criteria provide the 
    reporting threshold for determining those events that are reportable 
    for purposes of 
    
    [[Page 665]]
    Section 208 of the Energy Reorganization Act of 1974, as amended. The 
    Commission has established criteria that contain reporting thresholds 
    intended to identify those events that are likely to be significant 
    from the standpoint of public health and safety. At the same time, the 
    AO reporting thresholds established by the criteria are generally above 
    the normal level of reporting events to NRC to exclude those events 
    which involve some variance from regulatory limits, but are not 
    significant enough from the standpoint of public health and safety to 
    be reported to Congress.
        4. Basis--The following discussion provides the basis for the 
    changes to the AO reporting criteria as documented in Appendix A of the 
    policy statement.
    
    I. For All Licensees:
    
        A. Human Exposure to Radiation from Licensed Material:
        Criterion I.A.1: Any unintended radiation exposure to an adult (any 
    individual 18 years of age or older) resulting in an annual total 
    effective dose equivalent (TEDE) of 250 millisievert (mSv) (25 rem) or 
    more; or the sum of the annual deep dose equivalent and committed dose 
    equivalent to any individual organ or tissue, other than bone marrow, 
    the lens of the eye, or gonads of 2500 mSv (250 rem) or more; or an 
    annual dose equivalent to bone marrow, the lens of the eye, or gonads 
    of 500 mSv (50 rem) or more; or an annual shallow-dose equivalent to 
    the skin or extremities of 2500 mSv (250 rem) or more. [10 CFR 
    20.1201(a)(1), 20.1201(a)(2), and 35.2]
        Criterion I.A.2: Any unintended radiation exposure to any minor (an 
    individual less than 18 years of age) resulting in an annual TEDE of 50 
    mSv (5 rem) or more, or to an embryo/fetus resulting in a dose 
    equivalent of 50 mSv (5 rem) or more. [10 CFR20.1207, and 20.1301]
        Criterion I.A.1 and Criterion I.A.2 have been revised to reflect 
    guidance provided by the Commission, and to incorporate the changes to 
    10 CFR Part 20, that became mandatory on January 1, 1994.
        Criterion I.A.1 has been revised to establish reporting thresholds 
    for unintended exposures to adults including TEDEs, and individual 
    doses to organs, lens of the eye, skin, and extremities. The changes to 
    this criterion takes into consideration deterministic and stochastic 
    effects for the purposes of radiation protection. The bases for the 
    reporting thresholds are as follows.
        (a) The reporting threshold for an unintended radiation exposure to 
    an adult (18 years of age and older) resulting in an annual TEDE of 250 
    mSv (25 rem) or more, is based on the following:
         It is greater than the regulatory allowable TEDE limit (50 
    mSv [5 rem]) for annual occupational exposure established in 10 CFR 
    20.1201(a)(1)(i).
         It is equal to the generally accepted level of exposure 
    that is considered by the industry to be a significant unplanned 
    occupational overexposure.
         It is at a level of exposure for which the potential for 
    morbidity is considered for individuals with an increased organ and 
    tissue sensitivity to radiation (e.g., a genetic condition causing an 
    individual to be heterozygous as a result of the ataxia telangiectasia 
    gene 4).
    
        \4\  T.J. McMillian; ``The Molecular Basis of 
    Radiosensitivity;'' In The Biological Basis of Radiosensitivity, 
    Second Edition; (EDS: G.G. Steel, G.E. Adams, and A. Horwich); 
    Elsevier Science Publishers B.V.; copyright 1989.
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        (b) The reporting threshold for an unintended radiation exposure to 
    an organ of an adult (other than bone marrow, lens of the eye, and 
    gonads) resulting in the sum of the annual deep dose equivalent and 
    committed dose equivalent to any individual organ or tissue of 2500 mSv 
    (250 rem) or more is based on the following:
         It is greater than the allowable regulatory limit for 
    occupational exposure (500 mSv [50 rem]) for the sum of the deep-dose 
    equivalent and the committed dose equivalent to an organ or tissue 
    (other than the lens of the eye) established by 10 CFR 
    20.1201(a)(1)(ii).
         It is below the different morbidity threshold doses for 
    deterministic effects in radiosensitive organs such as gastrointestinal 
    track mortality, pulmonary lethality, and mental incapacitation. 
    [National Council on Radiation Protection and Measurements (NCRP) 
    Commentary No. 7]
        (c) The reporting threshold for an unintended radiation exposure to 
    bone marrow, lens of the eye, or gonads of an adult resulting in 500 
    mSv (50 rem) or more is based on the following:
         It is equal to the allowable regulatory limit for the sum 
    of the annual deep dose equivalent and committed dose equivalent for 
    occupational exposures (0.5 Sv [50 rem]) to the bone marrow or gonads; 
    and greater than the allowable regulatory limit (150 mSv [15 rem]) for 
    an annual occupational dose equivalent to the lens of the eye as 
    established in 10 CFR 20.1201(a)(2)(i).
         It is at the threshold dose for initial signs of temporary 
    bone marrow depression. [NCRP Commentary No. 7]
         It is at the minimum threshold dose for known 
    deterministic effects in the lens of the eye. [NCRP Commentary No. 7]
         It is below the threshold dose for permanent sterility 
    from a single dose to the gonads. [NCRP Commentary No. 7]
        (d) The reporting threshold for an unintended annual shallow-dose 
    equivalent to the skin or extremities (extremities include the hand, 
    elbow, arm below the elbow, foot, knee, leg below the knee) of an 
    adult, resulting in 2500 mSv (250 rem) or more is based on the 
    following:
         It is greater than the allowable regulatory limit (500 mSv 
    [50 rem]) for annual occupational shallow-dose equivalent to the skin 
    or to any extremity as established in 10 CFR 20.1201(a)(2)(ii).
         It is below the threshold dose for detrimental 
    deterministic effects in the tissue of the skin, and the bone (other 
    than the bone marrow) and muscle of the extremities. [NCRP Commentary 
    No. 7]
        Criterion I.A.2 has been added in response to the Commission's 
    request in the SRM of May 19, 1994 on SECY-93-259, to reaffirm that a 
    single reporting threshold for unintended exposure is acceptable. The 
    potential for adverse health effects from radiation is independent of 
    an individual's status as a radiation worker, wrong individual, or 
    member of the general public. Therefore, assigning a single dose value 
    for unintended radiation exposures is consistent with the requirements 
    of Section 208 of the Energy Reorganization Act of 1974, as amended. 
    However, health effects are age dependent because organs and tissues in 
    minors, fetuses, and embryos are more radiosensitive than in a typical 
    adult. Because of increased radiosensitivity, a lower dose threshold 
    for minors (including occupational exposures to minors), fetuses, and 
    embryos has been included for AO reporting.
        Criterion I.A.2 contains the reporting thresholds for unintended 
    radiation exposures to any minor. This criterion considers both 
    deterministic and stochastic effects for the purpose of radiation 
    protection.
        (a) The reporting thresholds for an unintended radiation exposure 
    resulting in an annual TEDE of 50 mSv (5 rem) or more to a minor or a 
    dose equivalent of 50 mSv (5 rem) or more to an embryo/fetus are based 
    on the potential for permanent adverse health effects during the most 
    radiosensitive period from the point of conception to adulthood and 
    include the following:
         It is greater than the allowable regulatory limit (1 mSv 
    [0.1 rem] or 10 percent of the limits established in 10 
    
    [[Page 666]]
    CFR 20.1201) for annual exposures to individuals other than radiation 
    workers and occupational dose limits for minors as established in 10 
    CFR 20.1301 and 20.1207, respectively.
         It is below the minimum threshold doses for permanent 
    deterministic effects in selective organs of minors because the annual 
    TEDE reporting threshold for minors of 50 mSv (5 rem) equates to 
    individual organ doses less than the known doses that will result in 
    deterministic effects. (Refer to item (b) below.) [NCRP Commentary No. 
    7]
         It is below the individual threshold dose (100 mSv [10 
    rem]) for known permanent adverse health effects (mental retardation) 
    during the most radiosensitive period (8 to 15 weeks of gestation) of 
    embryo or fetus development. The reporting threshold (50 mSv [5 rem]) 
    is at the threshold dose for reduced head size but no adverse health 
    effects are anticipated at this dose. [NCRP Commentary No. 7]
        (b) Organ doses limits are not provided in this criterion because 
    the intent of Section 208 is addressed with the single TEDE limit based 
    on the following:
         Individual organ doses for minors as members of the 
    general public would not be consistent with the requirements of 10 CFR 
    20.1301, ``Dose limits for individual members of the general public.''
         Individual occupational organ doses for minors are defined 
    in 10 CFR 20.1207. The 50 mSv (5 rem) TEDE reporting threshold for 
    minors is 20 percent of the threshold dose established for adults in 
    Criterion I.A.1. If individual organ reporting thresholds for minor 
    occupational workers were also reduced by 20 percent (Refer to Table 1, 
    ``Conversion from TEDE to Organ Dose''), the resulting dose values 
    would be close in magnitude or more conservative than organ doses that 
    would equate to the 50 mSv (5 rem) TEDE reporting threshold. This 
    assessment is based on the ``Organ Dose Weighting Factors'' as provided 
    in 10 CFR 20.1003 which result in the following data:
    
                                      Table 1.--Conversion From TEDE to Organ Dose                                  
    ----------------------------------------------------------------------------------------------------------------
                                                                            Reduced** reporting                     
                   Organ                  Weighting    Organ dose to yield     threshold for       Criterion I.A.1  
                                            factor           50 mSv*               minors             threshold     
    ----------------------------------------------------------------------------------------------------------------
    Whole Body.........................          1.0    50 mSv               50 mSv               250 mSv           
    Gonads.............................         0.25   200 mSv              100 mSv               500 mSv           
    Breast.............................         0.15   330 mSv              500 mSv              2500 mSv           
    Bone marrow........................         0.12   420 mSv              100 mSv               500 mSv           
    Lungs..............................         0.12   420 mSv              500 mSv              2500 mSv           
    Thyroid............................         0.03   1670 mSv             500 mSv              2500 mSv           
    Bone surface.......................         0.03   1670 mSv             500 mSv              2500 mSv           
    ----------------------------------------------------------------------------------------------------------------
    * Organ Dose/Weighting Factor.                                                                                  
    ** 0.2 x Criterion I.A.1 reporting thresholds.                                                                  
    
    [10 CFR 20.1003, 20.1201, 20.1207, and 20.1301]
    
         Individual organs that do not have a weighting factor are 
    still considered in the revised criteria by Criterion I.A.3, which 
    requires reporting to Congress any permanent functional damage as a 
    result of an exposure to an individual organ. [10 CFR 20.1003 and 
    20.1301]
        Criterion I.A.3: Any radiation exposure that has resulted in 
    unintended permanent functional damage to an organ or a physiological 
    system as determined by a physician. [General]
        Criterion I.A.3 has been added to identify for reporting those 
    incidents or events that have resulted in an organ or physiological 
    system morbidity or mortality at dose levels below the established AO 
    reporting thresholds.
        B. Discharge or Dispersal of Radioactive Material from its Intended 
    Place of Confinement:
        Criterion I.B.1: The release of radioactive material to an 
    unrestricted area in concentrations that, if averaged over a period of 
    24 hours, exceed 5000 times the values specified in Table 2 of Appendix 
    B to 10 CFR Part 20, unless the licensee has demonstrated compliance 
    with 10 CFR 20.1301 using 20.1302(b)(1) or 20.1302(b)(2)(ii). [10 CFR 
    20.1301, 20.1302(b)(1), or 20.1302(b)(2)(ii)]
        Criterion I.B.1 has been revised to reflect changes to 10 CFR Part 
    20 that became mandatory on January 1, 1994, and to maintain the same 
    thresholds for reporting as required by the existing AO criterion. The 
    existing reporting threshold of ``500 times the regulatory limit of 
    Appendix B, Table II, 10 CFR Part 20'' was increased to ``5000 times 
    the values specified in Table 2 of Appendix B to 10 CFR Part 20'' 
    because the implied dose limit of 5 mSv (500 mrem) used to calculate 
    the concentration values in Table 2 of Appendix B was decreased to 0.5 
    mSv (50 mrem) in the revision to 10 CFR Part 20.
        Criterion I.B.2: Radiation levels in excess of the design values 
    for a package, or the loss of confinement of radioactive material 
    resulting in one or more of the following: (a) a radiation dose rate of 
    10 mSv (1 rem) per hour or more at 1 meter (3.28 feet) from the 
    accessible external surface of a package containing radioactive 
    material, (b) a radiation dose rate of 50 mSv (5 rem) per hour or more 
    on the accessible external surface of a package containing radioactive 
    material and that meet the requirements for ``exclusive use'' as 
    defined in 10 CFR 71.47, or (c) release of radioactive material from a 
    package in amounts greater than the regulatory limits in 10 CFR 
    71.51(a)(2). [10 CFR 71.47(a) and 71.51(i)(1)]
        Criterion I.B.2 has been revised to take into consideration 
    additional regulatory requirements in 10 CFR Part 71. This criterion 
    has been changed to include limits for packages that meet the 
    requirements for ``exclusive use'' as defined in 10 CFR 71.47, a 
    radiation dose rate of 50 mSv (5 rem) per hour or more on the 
    accessible external surface of a package containing radioactive 
    material, or the loss of confinement of radioactive material from a 
    package in amounts greater than the regulatory limits.
        The contamination requirement was removed from this criterion 
    because certain shipping casks often experience contamination beyond 
    licensee control after decontamination requirements had 
    
    [[Page 667]]
    been met as a result of contaminants ``leaching'' from the pores of the 
    outer surface of the shipping cask. This leaching effect typically 
    occurs as a result of condensation on the exterior of the shipping cask 
    that occurs during shipping. Contamination from this phenomena is not a 
    public health and safety concern and will not be reported to Congress.
        C. Theft, Diversion, or Loss of Licensed Material, or Sabotage or 
    Security Breach:
        Criterion I.C.1: Any lost, stolen, or abandoned sources that exceed 
    0.01 times the A 1 values, as listed in 10 CFR Part 71, Appendix 
    A, Table A-1, for special form (sealed/non-dispersible) sources, or the 
    smaller of the A2 or 0.01 times the A1 values, as listed in 
    Table A-1, for normal form (unsealed/ dispersible) sources or for 
    sources for which the form is not known. Excluded from reporting under 
    this criterion are those events involving sources that are lost, 
    stolen, or abandoned under the following conditions: sources abandoned 
    in accordance the requirements of 10 CFR 39.77(c); sealed sources 
    contained in labeled, rugged source housings; recovered sources with 
    sufficient indication that doses in excess of the reporting thresholds 
    specified in AO criteria I.A.1 and I.A.2 did not occur during the time 
    the source was missing; and unrecoverable sources lost under such 
    conditions that doses in excess of the reporting thresholds specified 
    in AO criteria I.A.1 and I.A.2 were not known to have occurred. [10 CFR 
    20.2201(a)(i), 30.50(a), 40.60(a), and 70.50(a)]
        Criterion I.C.1 has been revised to include the reporting of lost 
    or stolen sources that exceed 0.01 times the A1 values, as listed 
    in 10 CFR Part 71, Appendix A, Table A-1, for ``special form'' (sealed/
    nondispersible) sources, or the smaller of the A2 or 0.01 times 
    the A1 values, as listed in Table A-1, for ``normal form'' 
    (unsealed/dispersible) sources. Excluded from reporting under this 
    criterion are those events involving sources that are lost, stolen, or 
    abandoned under the following conditions: sources abandoned per the 
    requirement of 10 CFR 39.77(c); sealed sources contained in labeled, 
    rugged source housings; recovered sources with sufficient indication 
    that doses in excess of the reporting thresholds specified in AO 
    criteria I.A.1 and I.A.2 did not occur during the time the source was 
    missing; and unrecoverable sources lost under such conditions that 
    doses in excess of the reporting thresholds specified in AO criteria 
    I.A.1 and I.A.2 were not known to have occurred. These reporting 
    thresholds are based on not exceeding an effective or committed 
    effective dose equivalent of 50 mSv (5 rem); a committed dose 
    equivalent to any individual organs including the skin of 0.5 Sv (50 
    rem); or in special cases, a 0.15 Sv (15 rem) dose to the lens of the 
    eye of any member of the general public, assuming that an exposure 
    occurs as a result of a source being stolen or lost.
        (a) The A1 values in 10 CFR Part 71, Appendix A, Table A-1, 
    represent the source strength for sealed (nondispersible) sources that 
    will result in exceeding an effective dose equivalent of 50 mSv (5 
    rem), from an exterior exposure at 1 meter (3.28 feet [ft]) for 30 
    minutes. The proximity and duration factors of 1 meter (3.28 ft) for 30 
    minutes are based on the estimated exposure conditions during a 
    transportation accident involving licensed materials, typically a 
    controlled situation.
        For the loss or theft of a sealed source, it has been 
    conservatively calculated in a study 5 performed by Oak Ridge 
    Institute for Science and Education (ORISE) that the accident-weighted 
    average exposure proximity and duration factors are 1 meter for 46 
    hours for the improper transfer or disposal of licensed material. To 
    account for the longer duration at 1 meter, from 30 minutes to 46 hours 
    (approximately 1:100), conservatively assuming that the entire exposure 
    is received by one individual, the A1 values in 10 CFR Part 71, 
    Appendix A, Table A-1, will need to be decreased by a factor of 100. 
    The multiples (0.01  x  A1 values) of the A1 values in 10 CFR 
    Part 71, Appendix A, Table A-1, will determine the source strength of a 
    source that will result in exceeding an effective dose equivalent of 50 
    mSv (5 rem) from external exposures.
    
        \5\ Daniel J. Strom, Ph.D., C.H.P., Staff Scientist, Operational 
    Health Physics Group, Health Protection Department, Pacific 
    Northwest Laboratory, ``Improper Transfer/Disposal Scenarios for 
    Generally Licensed Devices Study,'' Task 7, June 3, 1994.
    ---------------------------------------------------------------------------
    
        (b) The A2 values in 10 CFR Part 71, Appendix A, Table A-1, 
    represent the source strength for an unsealed source (dispersible) that 
    will result in a deep dose equivalent or committed dose equivalent to 
    any individual organs of 0.5 Sv (50 rem), a shallow dose equivalent to 
    the skin of 0.5 Sv (50 rem), or in special cases, a 0.15 Sv (15 rem) 
    dose equivalent to the lens of the eye. These dose values are based on 
    the assumptions that the estimated release fraction ranges from 10 
    -3 to 10 -2 and the uptake fraction ranges from 10 -4 to 
    10 -3 from inhalation and/or ingestion (average fraction-taken-in 
    = 10 -6).
        In the ORISE study, the average fraction-taken-in from inhalation 
    and ingestion of an improper transfer or disposal of an unsealed 
    (dispersible) source was calculated to be 2  x  10 -6. This 
    calculated value was based on the review of an actual accident with 
    extensive uptake information (for 194 cleanup workers and 77 members of 
    the general public). Both average fraction-taken-in values for 
    transportation accidents, and events involving lost or stolen sources 
    are comparable. Therefore, the A2 values can be used directly to 
    determine the source strengths for lost and stolen unsealed sources 
    that will result in a deep dose equivalent, committed dose equivalent, 
    or shallow dose equivalent of 0.5 Sv (50 rem).
        The smaller of the two values, the A2 or 0.01 times the 
    A1 values, is used for a dispersible source because the material 
    may not be dispersed and can perform as a sealed source resulting in 
    external exposure. Therefore, if the source strength is greater than 
    the 0.01 times the A1 value or greater than the A2 value, the 
    potential exists for exceeding an effective or committed effective dose 
    equivalent of 50 mSv (5 rem); a committed dose equivalent to any 
    individual organs, including the skin, of 0.5 Sv (50 rem); or in 
    special cases, a 0.15 Sv (15 rem) dose equivalent to the lens of the 
    eye. If the form of the source material is unknown, the smaller of the 
    two values is also used to ensure all potentially reportable incidents 
    and events are submitted to the Commission for consideration as an AO.
        (c) Sources abandoned in accordance with the requirement of 10 CFR 
    39.77(c) are excluded from reporting because these sources do not 
    represent an uncontrolled condition or potential effects adverse to 
    public health and safety.
        (d) Sealed (nondispersible) sources contained in labeled, rugged 
    source housings are excluded from reporting to Congress because public 
    health and safety have been shown to be reasonably protected during the 
    loss or theft of sources that are maintained in source housings. This 
    exclusion is based on the following reasons:
         A sealed source as defined in NRC Regulatory Guide 10.10 
    is radioactive material contained in a protective envelope (capsule), 
    contained in a foil, or plated on an inactive surface that serves as a 
    dispersion barrier.
         A source housing as defined in American National Standard 
    Institute (ANSI) N538 is an enclosure containing or incorporating the 
    source, source holder, and a means of attenuation (shielding) of the 
    radiation.
        A source housing is generally required to be designed and 
    constructed 
    
    [[Page 668]]
    with ``rugged'' characteristics so that its integrity will be 
    maintained under normal conditions of use and under likely accident 
    conditions and with safety mechanisms installed to prevent accidental 
    access to the source. In addition, many general licensed housings are 
    designed to restrict access to the source for other than its specific 
    intended use.
         ANSI N538 3.4.1 recommends sufficient shielding for 
    shielded gauges to limit dose rates to 0.05 mSv (5 mrem) per hour at 30 
    centimeters (cm) (11.8 inches), and 10 CFR 34.21(a) requires sufficient 
    shielding for radiography sources to limit exposure rates to 12.9  x  
    10 -5 coulombs per kilogram (50 milliroentgen) per hour at 15.2 cm 
    (6 inches). Assuming a conversion factor of 1 roentgen to 1 rem, these 
    shielding recommendations will ensure that an effective dose equivalent 
    of 50 mSv (5 rem) is not exceeded, or in special cases, a 0.15 Sv (15 
    rem) dose equivalent to the lens of the eye from a 46-hour exposure to 
    these shielded sources at 1 meter.
         The A1 values in 10 CFR Part 71, Appendix A, Table A-
    1, assumes that the shielding and containment are completely lost. This 
    loss, however, on the basis of a historical review of 1991-1993 events 
    involving lost and stolen sources that were later found, is unlikely 
    for sources contained in source housings.
         The source housings typically used in these applications 
    make it difficult to access the source.
         Source housings with the proper ``radioactive labels'' 
    displayed have often been reported by members of the general public to 
    the proper authorities. The radiation symbol is easily identified, 
    relatively well known, and readily recognized as an indicator of a 
    safety hazard.
         A review of the events reported for 1991-1993 that 
    involved the loss or theft of portable gauges and radiography devices 
    contained in rugged source housings verified that no known exposure 
    from the loss of these types of devices had occurred.
        (e) Many lost or stolen sources are recovered with sufficient 
    indication that doses in excess of the reporting thresholds specified 
    in AO criteria I.A.1 and I.A.2 did not occur during the time the source 
    was missing. A recovered source, without any indication of exceeding 
    the dose thresholds specified in AO criteria I.A.1 or I.A.2 is not 
    significant from the standpoint of public health and safety.
        (f) Any unrecoverable source lost under such conditions (e.g., 
    plane crash, fire, etc.) that doses in excess of the reporting 
    thresholds specified in AO criteria I.A.1 and I.A.2 were not known to 
    have occurred is not significant from the standpoint of public health 
    and safety.
        Criterion I.C.2: No change to this criterion.
        Criterion I.C.3: No change to this criterion.
        Criterion I.C.4: No change to this criterion.
        D. Other Events (i.e., those concerning design, analysis, 
    construction, testing, operation, use or disposal of licensed 
    facilities or regulated materials):
        Criterion I.D.1: No change to this criterion.
        Criterion I.D.2: No change to this criterion.
        Criterion I.D.3: No change to this criterion.
        Criterion I.D.4: No change to this criterion.
    
    II. For Commercial Nuclear Power Plant Licensees
    
        A. Malfunction of Facilities, Structures, or Equipment:
        Criterion II.A.1: No change to this criterion.
        Criterion II.A.2: Serious degradation of fuel integrity, primary 
    coolant pressure boundary, or primary containment boundary.
        Criterion II.A.2 was edited to better paraphrase the wording in 10 
    CFR 50.72(b)(B)(ii).
        Criterion II.A.3: Loss of plant capability to perform essential 
    safety functions such that a release of radioactive materials, which 
    could result in exceeding the dose limits of 10 CFR Part 100 or 5 times 
    the dose limits of 10 CFR Part 50, Appendix A, General Design Criterion 
    (GDC) 19, could occur from a postulated transient or accident (e.g., 
    loss of emergency core cooling system, loss of control rod system). [10 
    CFR Part 50.34(a)(1), 50.72(b)(2)(iii), and 50.73(a)(2)(v)]
        Criterion II.A.3 has been revised to include a reference to 5 times 
    the dose limits in 10 CFR Part 50, Appendix A, GDC 19. This reference 
    adds control room habitability reporting requirements consistent with 
    the AO overexposure reporting requirements established in Criterion 
    I.A.1, ``For All Licensees.''
        B. Design or Safety Analysis Deficiency, Personnel Error, or 
    Procedural or Administrative Inadequacy:
        Criterion II.B.1: No change to this criterion.
        Criterion II.B.2: Personnel error or procedural deficiencies that 
    result in loss of plant capability to perform essential safety 
    functions such that a release of radioactive materials, which could 
    result in exceeding the dose limits of 10 CFR Part 100 or 5 times the 
    dose limits of 10 CFR Part 50, Appendix A, GDC 19, could occur from a 
    postulated transient or accident (e.g., loss of emergency core cooling 
    system, loss of control rod system). [10 CFR 50.34(a)(1) and 
    50.73(b)(2)(ii)(J)]
        Criterion II.B.2 has been revised to include a reference to 5 times 
    the dose limits in 10 CFR Part 50, Appendix A, GDC 19. This reference 
    adds control room habitability reporting requirements consistent with 
    the AO overexposure reporting requirements established in Criterion 
    I.A.1, ``For All Licensees.''
    
    III. For Fuel Cycle Licensees
    
        Criterion III.1: A required plant shutdown as a result of violating 
    a license condition safety limit. [10 CFR 50.36(c)]
        Criterion III.1 has been revised to more appropriately reference 
    all license conditions rather than just TS.
        Criterion III.2: No change to this criterion.
        Criterion III.3: No change to this criterion.
    
    IV. For Medical Licensees
    
        The criterion for AO reporting of medical misadministrations to 
    patients intended to receive a diagnostic or therapeutic exposure has 
    been revised as follows:
        A medical misadministration that:
        (a) results in a dose that is (1) equal to or greater than 1 gray 
    (Gy) (100 rads) to a major portion of the bone marrow, to the lens of 
    the eye, or to the gonads, or (2) equal to or greater than 10 Gy (1000 
    rads) to any other organ; and 
        (b) represents either (1) a dose or dosage that is at least 50 
    percent greater than that prescribed in a written directive or (2) a 
    prescribed dose or dosage that (i) is the wrong radiopharmaceutical, or 
    (ii) is delivered by the wrong route of administration, or (iii) is 
    delivered to the wrong treatment site, or (iv) is delivered by the 
    wrong treatment mode, or (v) is from a leaking source(s). [10 CFR Part 
    35, International Council on Radiation Protection (ICRP) 41, and NCRP 
    Commentary No. 7]
        Medical uses of radiation result in diagnostic or therapeutic 
    exposures for the purpose of diagnosing or treating a disease, 
    alleviating pain, and/or minimizing the spread of disease. With this in 
    mind, the AO reporting criterion has been revised to provide a simpler 
    method for evaluating medical misadministrations, and to assure that 
    only those events determined to be significant from the standpoint of 
    public health and safety are reported. The 
    
    [[Page 669]]
    threshold doses that were selected are sufficiently below the 
    thresholds for deterministic effects recognizing the normal treatment 
    practice of collimation and fractionation of doses, where one would 
    expect to see permanent organ and tissue damage for most radiosensitive 
    organs in a typical adult, and provide a margin of error to identify 
    the potential for harm.
        Doses used for diagnostic purposes are relatively small and result 
    in limited risk of adverse health effects. However, the risk, albeit 
    small, that exists for selected diagnostic procedures has been 
    considered during the selection of the reporting thresholds for the 
    revised criterion.
        Doses used for therapeutic purposes in treating cancer customarily 
    approach or exceed the tolerance of normal tissue. Therefore, because 
    therapeutic radiation doses are intended to kill cells, harmful side-
    effects might be expected from the radiation dose prescribed. The 
    difference between the intended and most misadministered doses has 
    little added effect on long-term risk such as cancer. The demonstrated 
    benefits from the use of byproduct materials in medical applications 
    and the long-term and/or short-term consequences as a result of a 
    medical misadministration, were considered in developing the revised 
    criterion.
        The criterion for medical licensees has been revised to consider 
    dose limits that are applicable to teletherapy, brachytherapy, gamma 
    stereotactic radiosurgery, radiopharmaceutical therapy, and sodium 
    iodide and diagnostic misadministrations. A medical misadministration 
    (as defined by 10 CFR 35.2) involving the wrong individual will be 
    considered for reporting as an AO under the revised criteria for 
    unintended exposure (criteria I.A.1 and I.A.2) because it involves an 
    individual who did not give prior consent to being exposed, and who is 
    not expected to receive any benefit from an exposure to radiation. 
    However, an administration to the wrong individual must meet the 
    requirements for a medical misadministration as specified in 10 CFR 
    35.2 before being considered for reporting as an AO.
        (a) The threshold dose of 1 Gy (100 rads) for bone marrow, lens of 
    the eye, or gonads is based on the following:
         It is below the threshold (1.5 Gy [150 rads]) for bone 
    marrow mortality with minimum medical care. [NCRP Commentary No. 7]
         It is equal to the threshold where cataracts begin to 
    form. [NCRP Commentary No. 7]
         It is below the initial threshold (3 Gy [300 rads]) where 
    permanent sterility may be seen from a single exposure. [NCRP 
    Commentary No. 7]
        (b) The reporting threshold of 10 Gy (1000 rads) selected for all 
    organs other than bone marrow, lens of the eye, and gonads, is based on 
    the following:
         It is below the threshold doses at which one would expect 
    to see permanent organ or tissue damage from normal treatment practices 
    for most radiosensitive organs in adults. [NCRP Commentary No. 7]
         It provides a margin of safety for errors in established 
    threshold doses for most radiosensitive organs in adults.
         It is at the estimated threshold dose for some clinically 
    detrimental deterministic effects from conventionally fractionated 
    therapeutic irradiation that can result in permanent adverse health 
    effects in 1 to 5 percent of the patients treated. The permanent 
    effects seen at this threshold dose include the absence of development 
    and arrested growth in the breast and cartilage of children, 
    respectively. [NCRP Commentary No. 7]
        These values are based on the minimal normal tissue tolerance dose, 
    which is defined as the dose to which a given population of patients is 
    exposed, under a standard set of treatment conditions, resulting in no 
    more than a 5-percent severe complication rate within 5 years after 
    treatment. These threshold doses apply to conditions of irradiation 
    relevant to radiotherapy, that is, doses of conventionally fractionated 
    ``x'' or gamma radiation that must be delivered to tissue to cause a 
    serious deterministic effect. In addition, these thresholds allow for a 
    higher dose to be delivered differentially to the tumor. [ICRP 41, and 
    NCRP Commentary No. 7]
    
    V. Guidelines for ``Other Events of Interest''
    
        The Commission may determine that events other than AOs may be of 
    interest to Congress and the public and therefore should be included in 
    an Appendix to the AO report as ``Other Events of Interest''. The 
    guidelines for ``Other Events of Interest'' have been revised to 
    include events that may be perceived by the public to be of health and 
    safety significance and involve substantial regulatory response, but do 
    not otherwise meet the AO criteria. An example is an event where upon 
    final evaluation by an NRC Incident Investigation Team, or an Agreement 
    State equivalent response, a determination is made that such event does 
    not meet the criteria for an abnormal occurrence.
    
        Dated at Rockville, Maryland, this 3rd day of January 1996.
    
        For the Nuclear Regulatory Commission.
    John C. Hoyle,
    Secretary of the Commission.
    [FR Doc. 96-283 Filed 1-8-96; 8:45 am]
    BILLING CODE 7590-01-P
    
    

Document Information

Published:
01/09/1996
Department:
Nuclear Regulatory Commission
Entry Type:
Notice
Action:
Proposed policy statement.
Document Number:
96-283
Dates:
The public comment period on this proposed policy statement ends April 8, 1996. Comments received after the public comment period will
Pages:
661-669 (9 pages)
PDF File:
96-283.pdf