U.S. Nuclear Regulatory Commission
Violations of 10 CFR 20.207 (a) or (b), "Security of Stored Material in Unrestricted Areas"
Title: Violations of 10 CFR 20.207 (a) or (b), "Security
of Stored Material in Unrestricted Areas"
See the memorandum from J. Lieberman to R. Carlson (and
others) dated June 1, 1982. Violations of 10 CFR 20.207
should be considered as Severity Level IV when the
likelihood of unauthorized removal is small and the threat
to public health and safety is minimal. A sample paragraph
is provided for the Notice of Violation. This health
physics position also applies to the "new" 10 CFR Part 20,
Sections 20.1801 and 20.1802.
Region I forwarded two cases at hospitals involving
violations of 20.207 (a) and (b) [or 10 CFR 20.1801 and
20.1802]. These violations involved the storage of
licensed material in unrestricted areas where access was
possible and/or constant surveillance was not maintained.
In both cases, the likelihood of unauthorized removal of
the material was small and the threat to the health and
safety of the public was minimal and remote, since (1) the
material was in an area of the hospital where assess by
unauthorized personnel was unlikely, (2) the radiation
levels near the material were low, (3) the half-life of
most of the material was short, and (4) the material was
clearly labeled and not in an "attractive" form for theft.
Because of the above, both Region I and the IE Enforcement
Staff agreed that Severity Level IV was the appropriate
classification for these violations.
In the future for similar cases, the following should be
1. The transmittal letter should contain a paragraph
similar to the following:
Item A described in the attached NOV involving control of
licensed material, is classified as a Severity Level IV
violation. As indicated in Supplement VI of the NRC
Enforcement Policy significant violations of this type are
normally classified as Severity Level III. However, after
careful consideration of the factors involved in this
specific instance, we have exercised our judgement under
the NRC Enforcement Policy and have classified this
violation as Severity Level IV. Similar violations of this
type in the future may result in additional enforcement
2. An enforcement conference should be held. A
telephone enforcement conference should be adequate unless
there are other significant violations.
3. The Notice of Violation can be issued without prior
notification of IE Enforcement, but the Director of
Enforcement should be included on the distribution.
Regulatory references: 10 CFR 20.207, 10 CFR 20.1801, 10
CFR 20.1802, EGM-82-05
Subject codes: 3.4, 12.7