United States Nuclear Regulatory Commission - Protecting People and the Environment

U.S. Nuclear Regulatory Commission

Violations of 10 CFR 20.207 (a) or (b), "Security of Stored Material in Unrestricted Areas"

HPPOS-056 PDR-9111210233

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

Applicability: All

Page Last Reviewed/Updated Thursday, March 29, 2012