(a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions for willful violation of, attempted violation of, or conspiracy to violate, any regulation issued under sections 161b, 161i, or 161o of the Act. For purposes of section 223, all the regulations in part 70 are issued under one or more of sections 161b, 161i, or 161o, except for the sections listed in paragraph (b) of this section.
(b) The regulations in part 70 that are not issued under sections 161b, 161i, or 161o, for the purposes of section 223 are as follows: Sec. Sec. 70.1, 70.2, 70.4, 70.5, 70.6, 70.8, 70.11, 70.12, 70.13, 70.14, 70.17, 70.18, 70.23, 70.31, 70.33, 70.34, 70.35, 70.37, 70.66, 70.73, 70.76, 70.81, 70.82, 70.63, 70.91, and 70.92. [57 FR 55077, Nov. 24, 1992. Redesignated and amended at 65 FR 56226, Sept. 18, 2000]
Sec. Appendix A to Part 70--Reportable Safety Events
Licensees must comply with reporting requirements in this appendix. As required by 10 CFR 70.74, licensees subject to the requirements in subpart H of part 70, shall report:
(a) One hour reports. Events to be reported to the NRC Operations Center within 1 hour of discovery, supplemented with the information in 10 CFR 70.50(c)(1) as it becomes available, followed by a written report within 30 days:
(1) An inadvertent nuclear criticality.
(2) An acute intake by an individual of 30 mg or greater of uranium in a soluble form.
(3) An acute chemical exposure to an individual from licensed material or hazardous chemicals produced from licensed material that exceeds the quantitative standards established to satisfy the requirements in Sec. 70.61(b)(4).
(4) An event or condition such that no items relied on for safety, as documented in the Integrated Safety Analysis summary, remain available and reliable, in an accident sequence evaluated in the Integrated Safety Analysis, to perform their function:
(i) In the context of the performance requirements in Sec. 70.61(b) and Sec. 70.61(c), or
(ii) Prevent a nuclear criticality accident (i.e., loss of all controls in a particular sequence).
(5) Loss of controls such that only one item relied on for safety, as documented in the Integrated Safety Analysis summary, remains available and reliable to prevent a nuclear criticality accident, and has been in this state for greater than eight hours.
(b) Twenty-four hour reports. Events to be reported to the NRC Operations Center within 24 hours of discovery, supplemented with the information in 10 CFR 70.50(c)(1) as it becomes available, followed by a written report within 30 days:
(1) Any event or condition that results in the facility being in a state that was not analyzed, was improperly analyzed, or is different from that analyzed in the Integrated Safety Analysis, and which results in failure to meet the performance requirements of Sec. 70.61.
(2) Loss or degradation of items relied on for safety that results in failure to meet the performance requirement of Sec. 70.61.
(3) An acute chemical exposure to an individual from licensed material or hazardous chemicals produced from licensed materials that exceeds the quantitative standards that satisfy the requirements of Sec. 70.61(c)(4).
(4) Any natural phenomenon or other external event, including fires internal and external to the facility, that has affected or may have affected the intended safety function or availability or reliability of one or more items relied on for safety.
(5) An occurrence of an event or process deviation that was considered in the Integrated Safety Analysis and:
(i) Was dismissed due to its likelihood; or
(ii) Was categorized as unlikely and whose associated unmitigated consequences would have exceeded those in Sec. 70.61(b) had the item(s) relied on for safety not performed their safety function(s).
(c) Concurrent Reports. Any event or situation, related to the health and safety of the public or onsite personnel, or protection of the environment, for which a news release is planned or notification to other government agencies has been or will be made, shall be reported to the NRC Operations Center concurrent to the news release or other notification. [65 FR 56231, Sept. 18, 2000, as amended at 75 FR 73944, Nov. 30, 2010]
Effective Date Note: At 79 FR 57725, Sept. 26, 2014, appendix A to part 70 was amended in the introductory text to paragraph (a) by removing the number ``30'' and adding in its place the number ``60''; removing paragraph (a)(5); in the introductory text to paragraph (b), by removing the number ``30'' and adding, in its place, the number ``60''; and by removing paragraph (b)(5), effective Jan. 26, 2015.