NRC Enforcement Guidance Memorandum

[carol marcus <csmarcus@ucla.edu>]

I have reviewed the 24 Apr 98 NRC Enforcement Guidance Memorandum
Categorizing the Severity Level of Violations Involving Security and
Control, issued by James Lieberman.

In paragraph 2, Lieberman states, "The following guidance uses a more
risk-informed, performance-based approach to determine the types of security
violations that should be considered significant, vs. those of less serious
concern and those of minor significance."

More risk informed than what? The previous policy was not risk informed at
all. NRC atom-hunting meter maids simply went berserk every time they spied
the potential for an unsecured atom. "Risk informed" implies a risk
analysis. Nowhere in this document is there a valid risk analysis, or
reference to a valid risk analysis. There is not one shred of evidence that
this guidance is "risk-informed" at all.

A "performance-based approach" assumes a performance standard. For example,
100 mrem EDE to a member of the public is a performance standard. That is,
NRC would have to show that the licensee's behavior resulted in exposure to
a member of the public of greater than 100 mrem EDE. But this guidance is
not performance-based at all. It is a prescriptive requirement, tying
everyone to an arbitrary multiple of each individual radionuclide in
Appendix C of 10 CFR Part 20. This is the OPPOSITE of a performance standard.

This NRC "Newspeak" is certainly pervasive in the medical program as well,
and seems to be some sort of boilerplate with which NRC decorates its
pronouncements to appease Shirley Jackson. Unfortunately, the Chairman does
not seem to understand that her directive is being ignored as staff and
management do exactly what they have always done.

This new guidance document does not represent the improvement that was
required. Lieberman obviously does not understand what he is talking about,
and Jackson should have had this guidance written by someone who does, if
she can find one.

How about giving it to the Advisory Committee on Medical Uses of Isotopes?


Carol S. Marcus, Ph.D., M.D.
csmarcus@ucla.edu