DHS 157.9715(1)(1) A licensee shall immediately notify the LLEA after determining that an unauthorized entry resulted in an actual or attempted theft, sabotage, or diversion of a category 1 or category 2 quantity of radioactive material. A licensee shall notify the department by telephone as soon as possible after initiating a response, but not at the expense of causing delay or interfering with the LLEA response to the event. In no case shall the notification to the department be later than 4 hours after the discovery of any attempted or actual theft, sabotage, or diversion. DHS 157.9715(2)(2) A licensee shall assess any suspicious activity related to possible theft, sabotage, or diversion of category 1 or category 2 quantities of radioactive material and notify the LLEA as appropriate. A licensee shall notify the department by telephone as soon as possible but not later than 4 hours after notifying the LLEA. DHS 157.9715(3)(3) Within 30 days of the initial notification by phone required in subs. (1) and (2), the licensee shall also submit a written report to the department. The written report shall include sufficient information for department analysis and evaluation, including identification of any necessary corrective actions to prevent future instances. DHS 157.9715 NoteNote: The department may be contacted at: Department of Health Services, Radiation Protection Section, P.O. Box 2659, Madison, WI, 53701-2659. Telephone contact is: 608-267-4797 during normal business hours or 608-258-0099 after hours.
DHS 157.9715 HistoryHistory: CR 16-078: cr. Register January 2018 No. 745, eff. 2-1-18; renumbered from DHS 157.115 under s. 13.92 (4) (b) 1., Stats., Register January 2018 No. 745. DHS 157.9716DHS 157.9716 Additional requirements for transfer of category 1 and category 2 quantities of radioactive material. A licensee transferring a category 1 or category 2 quantity of radioactive material to a licensee of the department, the NRC, or another agreement state shall meet all of the following license verification provisions instead of those listed in s. DHS 157.13 (15) (d): DHS 157.9716(1)(1) Before transferring a category 1 quantity of radioactive material, the licensee making the transfer shall verify with the NRC’s license verification system or the license issuing authority that the transferee’s license authorizes the receipt of the type, form, and quantity of radioactive material to be transferred and that the transferee is authorized to receive radioactive material at the location requested for delivery. If the verification is conducted by contacting the license issuing authority, the licensee making the transfer shall document the verification. Verification is not needed for transfers within the same organization. DHS 157.9716(2)(2) Before transferring a category 2 quantity of radioactive material, the licensee making the transfer shall verify with the NRC’s license verification system or the license issuing authority that the transferee’s license authorizes the receipt of the type, form, and quantity of radioactive material to be transferred. If the verification is conducted by contacting the license issuing authority, the transferor shall document the verification. Verification is not needed for transfers within the same organization. DHS 157.9716(3)(3) In an emergency where a licensee making the transfer cannot reach the license issuing authority and the license verification system is nonfunctional, a licensee may accept a written certification by the transferee that it is authorized by license to receive the type, form, and quantity of radioactive material to be transferred. The certification shall include the transferee’s license number, current revision number, issuing agency, expiration date, and for a category 1 shipment, the authorized address. The licensee making the transfer shall keep a copy of the certification and shall confirm the certification through the NRC’s license verification system or by contacting the license issuing authority by the end of the next business day. DHS 157.9716(4)(4) The licensee transferring the radioactive material shall keep a copy of the verification documentation as a record for 3 years. DHS 157.9716 HistoryHistory: CR 16-078: cr. Register January 2018 No. 745, eff. 2-1-18; renumbered from DHS 157.116 under s. 13.92 (4) (b) 1., Stats., Register January 2018 No. 745. DHS 157.9717(1)(1) For shipments of category 1 quantities of radioactive material, each shipping licensee shall comply with the requirements for physical protection contained in ss. DHS 157.9718 (1) and (5), 157.9719, 157.9720 (1) (a), (2) (a), and (3), and 157.9721 (1), (3), (5), (7), and (8). DHS 157.9717(3)(3) The shipping licensee shall be responsible for meeting the requirements of this subchapter unless the receiving licensee has agreed in writing to implement the physical protection requirements under this subchapter for materials in transit. DHS 157.9717 HistoryHistory: CR 16-078: cr. Register January 2018 No. 745, eff. 2-1-18; renumbered from DHS 157.117 under s. 13.92 (4) (b) 1., Stats., correction in (1), (2) made under s. 13.92 (4) (b) 7., Stats., and correction in (1), (2) made under s. 35.17, Stats., Register January 2018 No. 745. DHS 157.9718DHS 157.9718 Preplanning and coordination of shipments. DHS 157.9718(1)(1) Any licensee that plans to transport, or deliver to a carrier for transport, licensed material that is a category 1 quantity of radioactive material outside the confines of the licensee’s facility or other place of use or storage shall complete all of the following: DHS 157.9718(1)(a)(a) Preplan and coordinate shipment arrival and departure times with the receiving licensee. DHS 157.9718(1)(b)(b) Preplan and coordinate shipment information with the governor or the governor’s designee of any state through which the shipment will pass to discuss the state’s intention to provide law enforcement escorts and identify safe havens. DHS 157.9718(2)(2) Any licensee that plans to transport, or deliver to a carrier for transport, licensed material that is a category 2 quantity of radioactive material outside the confines of the licensee’s facility or other place of use or storage shall coordinate the shipment no-later-than arrival time and the expected shipment arrival with the receiving licensee. A licensee shall document the coordination activities. DHS 157.9718(3)(3) Any licensee who receives a shipment of a category 2 quantity of radioactive material shall confirm receipt of the shipment with the originator. If the shipment has not arrived by the no-later-than arrival time, the receiving licensee shall notify the originator. DHS 157.9718(4)(4) Any licensee who transports or plans to transport a shipment of a category 2 quantity of radioactive material, and determines that the shipment will arrive after the no-later-than arrival time provided under sub. (2), shall promptly notify the receiving licensee of the new no-later-than arrival time. DHS 157.9718(5)(5) A licensee shall retain a copy of the documentation for preplanning and coordination, and any revision thereof, as a record for 3 years. DHS 157.9718 HistoryHistory: CR 16-078: cr. Register January 2018 No. 745, eff. 2-1-18; renumbered from DHS 157.118 under s. 13.92 (4) (b) 1., Stats., Register January 2018 No. 745. DHS 157.9719DHS 157.9719 Advance notification of shipment. A licensee shall provide advanced notification, as provided in subs. (1) and (2),of the shipment of licensed material in a category 1 quantity, to, within, or across the boundary of the state, before the shipment, or before delivery to a carrier for shipment of the licensed material outside the confines of the licensee’s facility or other place of use or storage. DHS 157.9719(1)(a)(a) The notification shall be made to the department and to the office of each governor or governor’s designee of any state to, within, or through which the material is shipped.