Radiation Protection and Release Prevention

Radiation Protection & Release Prevention Program
Monthly Highlights
February 2007

If you would like a hard copy of the full monthly report, including appendices, please E-mail Betty Sigafoos.

1. The Nuclear Regulatory Commission (NRC) Commissioners Dismiss Bureau of Nuclear Engineering (BNE) Contention from Consideration in Oyster Creek License Renewal

On February 26, 2007 the NRC Commissioners issued a denial for hearings related to the last outstanding New Jersey Department of Environmental Protection (NJDEP) contention related to Oyster Creek license renewal. This contention basically argued that the Oyster Creek license renewal process must include the evaluation of the effects of terrorist attacks on the environment. A similar argument was used in California relating to a dry spent fuel storage facility. The NRC also rejected that contention but was overruled in the federal courts with the 9th Circuit Court of appeals ruling standing after the U.S. Supreme Court decided not to review the case.

The NRC Commissioners decision against the NJDEP contention essentially says the 9th Circuit was wrong and the NRC is not bound to follow that ruling except specifically as to Diablo Canyon. The opinion states the NRC is not obliged to adhere, in all of its proceedings, to the 1st Court of Appeals decision to address a controversial question. NRC instead has chosen to rely on prior decisions. NRC also states that its extensive efforts to enhance security at nuclear facilities makes a NEPA review superfluous, the NJDEP contention is not admissible in a licensing proceeding since it is not related to aging, that NJDEP should seek rulemaking and that there is a difference between licensing and relicensing. NRC Commission Mr. Jaczko dissented. New Jersey attorneys are weighing the option to appeal through the 3rd Circuit Court of Appeals.

2. Advisory Committee on Reactor Safeguards Recommends Approval of Oyster Creek License Renewal

The NRC's independent advisory committee, the Advisory Committee on Reactor Safeguards (ACRS) recommended that the NRC approve AmerGen's request to extend the operating license for Oyster Creek for 20 years.

This recommendation follows two Subcommittee meetings and one full committee meeting. The focus of the public meetings was the aging management of the drywell. The ACRS issued their recommendation in a report dated February 8, 2007. Their report contained three items that were recommended to be added as conditions in the extended license. All three items pertained to the drywell.

The NRC Atomic Safety and Licensing Board is still reviewing legal filings related to a contention related to aging management of the drywell, filed by a coalition of activist organizations. Consequently, the need for a public hearing has not been determined.

3. The Bureau of Radiological Health (Bureau)Works with Legislative Affairs on Amendments To Radiologic Technology Act - N.J.S.A.26:2D-24 et seq.

During the month of February, the Bureau continued its efforts to pursue legislative amendments to the Radiologic Technology Act that would provide the Commission on Radiation Protection (Commission) with the authority to create new licensure categories in radiologic technology and prescribe appropriate regulatory oversight. The Bureau, in conjunction with the Radiologic Technology Board of Examiners (Board) and the Commission, is pursuing these amendments in response to the rapid growth in medical imaging modalities and the need for additional educational training and oversight in these new technologies.

One new medical profession that has emerged over the past few years is the radiologist assistant (RA). RA's are experienced radiologic technologists who have obtained additional education and who have passed a certifying examination to serve as radiologist extenders. There are two Bill proposals before the Legislature, Senate Bill S-2275 and Assembly Bill A-379, regarding this profession. If approved, these Bills would amend the Radiologic Technology Act to require Board oversight of RA educational programs and Board licensure of the RA graduates. The Bureau is seeking alternative, broader reaching amendments to the Act in lieu of the current proposed Bills and is working with the Department's Office of Legislative Affairs in an effort to put forth these alternative amendments.

The Bureau continues in its efforts to collect unpaid x-ray machine registration fees. The section has established a list of 413 facilities that owe a total of $220,040 in past due registration fees and has begun contacting facilities to advise them of their delinquency.

In February, the Bureau contacted an additional 82 facilities with unpaid fees. Facilities that do not respond to the phone call reminders will be issued enforcement actions for failing to pay required registration fees. To date, twelve administrative orders have been issued to facilities that have ignored the phone call reminders. A breakdown of the statistics is: $23,298 of the amount owed was collected this month, which reflects a collection rate of 54%. There are still 198 facilities which still owe fees.