Sa300

Office of Nuclear Material Safety and Safeguards

Procedure Approval

Reporting Material Events

State Agreements (SA) Procedure: SA-300

Issue Date: February XX, 2022

Review Date: February XX, 2027

Kevin Williams

Director, NMSS/MSST

Brian Anderson

Branch Chief, NMSS/MSST/SLPB

Jennifer Fisher

Procedure Contact, NMSS/MSST/MSEB

Augustinus Ong

Chair, Organization of Agreement States

ADAMS Package No. ML21165A163

NOTE

Any changes to the procedure will be the responsibility of the NMSS Procedure Contact. Copies of NMSS procedures are available through the NRC Web site at https://scp.nrc.gov

I. INTRODUCTION

This procedure describes the collection, handling, and review of nuclear material events that are reported to the U.S. Nuclear Regulatory Commission (NRC) by the Agreement States.

II. OBJECTIVES

A. To provide guidance for the Agreement States on reporting nuclear material events to the NRC.

B. To ensure that interactions between the NRC and Agreement State are coordinated regarding reported nuclear material events.

III. BACKGROUND

The Atomic Energy Act (AEA) allows the Commission to enter into an agreement with a state to transfer regulatory authority over certain nuclear materials. In accordance with provisions contained in the AEA and the Energy Reorganization Act, and compatible Agreement State regulations, NRC and Agreement State licensees are required to report the occurrence of incidents and events involving the use of nuclear materials to the appropriate regulatory agency. For purposes of compatibility, the Agreement States report to the NRC those incidents and events reported to them by their licensees or non-licensees that involve the use of nuclear materials.

The Agreement State Program Policy Statement addresses the Federal-State interaction under the AEA to (1) establish and maintain agreements with States under Subsection 274b. that provide for discontinuance by the NRC, and the assumption by the State, of responsibility for administration of a regulatory program for the safe use of agreement material; (2) ensure that post-agreement interactions between the NRC and Agreement State radiation control programs are coordinated; and (3) ensure Agreement States provide adequate protection of public health and safety and maintain programs that are compatible with the NRC’s regulatory program (82 FR 48535).

Nuclear material events are required to be reported in accordance with 10 CFR Parts 20, 30, 31, 34, 35, 36, 37, 39, 40, 70, and 71 or equivalent state regulations.

IV. ROLES AND RESPONSIBILITIES

The Office of Nuclear Material Safety and Safeguards (NMSS) is the lead office responsible for the implementation of this procedure. The Division of Materials Safety, Security, State, and Tribal Programs (MSST) has the responsibility for the oversight and management of these objectives.

A. Director, NMSS/MSST

The MSST Director, or designee, reviews nuclear material events that are reported to the NRC Operations Center by Agreement States. The MSST Director, or designee, should ensure that staff review and assess Agreement State reports as described in NRC Management Directives (MD) and implementing procedures.

B. Regional State Agreements Officer (RSAO)

The RSAO communicates with the Agreement States regarding reported events. The RSAO serves as the point of contact for the region and MSST regarding the Agreement State radiation control programs.

V. GUIDANCE

1. Guidance for Agreement States

The Handbook on Nuclear Material Event Reporting for the Agreement States provides guidance for the Agreement States. It can be obtained from the Agencywide Documents Access and Management System (ADAMS) at https://www.nrc.gov/reading-rm/adams.html. The ADAMS Accession No. is ML21165A162.

B. NRC staff should review event reports in accordance with NRC’s Management Directives (MD):

1. MD 5.12, “International Nuclear and Radiological Event Scale Participation”

2. MD 6.4, “Generic Issues Program”

3. MD 8.1, “Abnormal Occurrence Reporting Procedure”

4. MD 8.5, “Nonreactor Operational Safety Data Review”

5. MD 8.14, “Agency Action Review Meeting”

C. Handling Sensitive Information

The NRC staff should use guidance on handling sensitive information (e.g., personal privacy, proprietary, safeguards, and/or controlled unclassified information) in their handling and collection of information. The guidance is included in RIS 2005-031 Revision 1, “Control of Security-Related Sensitive Unclassified Nonsafeguards Information Handled by Individuals, Firms, and Entities Subject to NRC Regulation of the Use of Source, Byproduct, And Special Nuclear Material.”

If the information provided by the Agreement State includes sensitive information, the NRC staff should ask the Agreement State to provide a bracketed copy of the information that identifies the information that should be protected and a redacted copy of the information that deletes such information.

VI. REFERENCES

82 FR 48535, “Agreement State Program Policy Statement,” October 18, 2017.

RIS 2005-031 Revision 1, “Control of Security-Related Sensitive Unclassified Nonsafeguards Information Handled by Individuals, Firms, and Entities Subject to NRC Regulation of the Use of Source, Byproduct, And Special Nuclear Material,” December 26, 2017 (ADAMS Accession No. ML16196A237).

Management Directives (MDs) are available at: https://www.nrc.gov/reading-rm/doc-collections/management-directives/index.html.

MD 5.12, “International Nuclear and Radiological Event Scale Participation.”

MD 6.4, “Generic Issues Program.”

MD 8.1, “Abnormal Occurrence Reporting Procedure.”

MD 8.5, “Nonreactor Operational Safety Data Review.”

MD 8.14, “Agency Action Review Meeting.”

VII. ADAMS REFERENCE DOCUMENTS

For knowledge management purposes, all previous revisions of this procedure, as well as associated correspondence with stakeholders, are listed below. Documents can be obtained from ADAMS at: https://www.nrc.gov/reading-rm/adams.html.

No.	Date	Document Title/Description	ADAMS Accession Number
1	12/7/00	STP-00-084, Opportunity to Comment on Draft Revisions to STP Procedure SA-300	ML012500411
2	5/23/01	STP-01-045, Final Revisions to SA-300	ML011450316
3	5/23/01	STP Procedure SA-300	ML011450424
4	8/30/05	STP-05-064, Opportunity to Comment on Draft Revisions to STP Procedure SA-300	ML052420717
5	3/8/06	STP-06-021, Availability of Final Revisions to SA-300	ML060670592
6	03/8/06	STP Procedure SA-300, Reporting Materials Events	ML081690879
7	1/11/10	FSME-10-002, Opportunity to Comment on Draft Revisions to FSME Procedure SA-300	ML093370257
8	3/27/2013	FSME Procedure; State Agreement (SA)-300, Reporting Material Events	ML13053A346
9	x/x/2022	NMSS Procedure SA-300, “Reporting Material Events”	ML21165A155
10	x/x/2022	Handbook on Nuclear Material Event Reporting for the Agreement States	ML21165A162
10	X/X/2022	STC -22-0XX, Notification of the Issuance, and Opportunity to Comment on the Interim Procedure SA-300 and the Handbook on Nuclear Material Event Reporting for the Agreement States.	ML22035A083