Question 137: At a nuclear power plant, the individual
asked to approve a planned special exposure (PSE) will need
to believe that the alternatives are impractical or
unavailable before doing so. But he or she must recognize
that the NRC inspector who later reviews the PSE report may
not agree, possibly leading to a notice of violation for an
overexposure. If the individual at the nuclear power plant
chooses to request it from the Region, can a decision be
obtained in advance regarding the acceptability of the
licensee's alternatives analysis?
Answer: Yes. Any licensee may contact the appropriate
supervisor or manager (e.g., a Branch Chief in the Division
of Radiation Safety and Safeguards in an NRC regional
office) to determine whether or not the NRC staff agrees
that the circumstances in an actual situation meet the
requirement for an "exceptional situation when alternatives
that might avoid the higher exposure are unavailable or
impractical." A written description of the circumstances
of the exceptional situation should be provided to the NRC
regional office when requesting NRC review in advance of a
PSE. However, an NRC decision in advance of a PSE, based
on the information submitted by the licensee, that the
circumstances appear to meet the regulatory requirements
does not preclude a subsequent NRC finding, based on
additional information obtained during an inspection, that
the circumstances were not as originally described and,
therefore, that the PSE was not in accordance with the
regulatory requirements concerning PSEs. (Reference: 10
CFR 20.1206).