ML20057A238
Text
_,., - -
y,)N 2 0 1998 s
fiEMORANDUM FOR:
Bobby H. Faulkenberry Deputy Regional Administrator, RV FROM:
Robert M. Bernero, Deputy Director Office of Nuclear Material Safety and Safeguards
SUBJECT:
DRAFT REGION V 1988 NATIONAL PROGRAM REVIEW REPORT Enclosed for your review ana comment is a draft National Program Review report for Region V.
The report encompasses all regional activities within NMSS program areas including the fuel cycle, materials, safeguards, transportation, and low _ level waste programs. The report covers the period from April 1,1987 through March 31, 1988 with emphasis on where the regional programs stood at the end of FY87, and where they stood when NMSS made its staff visits to Region V this spring.
These observations are based upon our on-going review of your licensing actions and inspection reports, our inspection accompaniments, the recent NMSS program review visits, and other periodic interfaces such as workshops, seminars, and conference calls.
Before we forward a final version of this report to the Regional Administrator and the EDO, we invite any written comments you might have on this draft. As always, NMSS welcomes any suggestions on how we might improve the National Program Review process.
Please provide any comments within two weeks.
Robert M. Bernero, Deputy Director Office of Nuclear Material Safety and Safeguards
Enclosure:
As stated DISTRIBUTION:
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s REPORT OF THE 1988 NATIONAL PROGRAM REVIEW OF DECENTRALIZED NMSS ACTIVITIES AT REGION V 1.
INTRODUCTION The purpose of this report is to document the National Program Review of decentralizeo hMSS licensing and inspection programs at Region V.
This review covers the period from April 1,1987 through March 31, 1988, with discussion of where the regional programs stood at the end of FY87, as appropriate.
As the responsible program office, NMSS prepares this report each year to assure that the regions are conducting their activities in a technically sound, consistent, timely, and efficient fashion.
The National Program Review is designed to facilitate a two-way flow of information (technical support, guidance, suggestions, evaluations, etc.)
in a non-adversarial environment conducive to quelity operations in all five regions and Headquarters.
l Additional information en the process can be found in the NMSS National Program Review Manual dated December 11, 1987.
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. 2.
FUEL CYCLE AND NUCLEAR MATERIALS PROGRAMS 2.1 Materials Licensing This review is based on an examination of completed licensing actions, telephone discussions held with licensing staff throughout the year, and classroom discussions at licensing workshops.
Region V completeo 204 licensing reviews in FY87, compared to its adjusted Operating Plan goal of 164.
This is 124% of the adjusted target.
During FY87, on average new application reviews were completed in 38 days ana amendments in 36 days.
Overall turnaround average for all cases, including renewals, was 44 days in FY87.
For the first six months of FY88, Region V completed 103 licensing reviews, compared to its adjusted Operating Plan goal of 90 (114%).
(Revisions are sometimes necessary to correlate projected completions with actual receipts).
During the review period, the number of cases pending has remained relatively constant at 29 (in Oct. 86), 39 (in Oct. 87) and at 35 (in March 88).
During FY88, timeliness continues to be outstanding with reviews completed in about 50 cays.
Headquarters staff reviewed about 50% of completed actions.
Licensing actions are performed in accordance with applicable Standard Review Plans, and are generally of high quality with few techn. cal or clerical errors. Section and branch level management play an active oversight role in licensing For actions that have policy implications or are not clearly dealt matters.
with in Standard Review Plans, the staf f seeks guidance from cognizant Headquarters personnel.
The staff has made recommendations for improved handling of licensing actions. The staff has implemented a prelicensing visit program to help ensure there are no misunderstandings on the part of the licensee regarding responsibilities.
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" 2.2 Materials Inspection The content of this item incorporates feedback from one inspection accompaniment; implementation of guidance provided in NRC Manual Chapters and Procedures applicable for the materials inspection program; discussions with regional staff throughout the year; during the regional assessment visit on March 16-17, 1988; review of regional inspection reports; notices of violation and NRC Form 591's; and an analysis of Licensing Management System and 766 system summary listing of inspection efforts on the relevant inspection modules.
The Region completed 132 materials inspections in FY-87, and completed 63 more in the first six months of FY-88.
It projects to complete its FY-88 goal of 156 inspections by the end of the fiscal year.
Region V played a central role in the inspection effort for the Finlay Testing Laboratories, Inc.
In response to allegations received by the Fegion V office, an inspection and an investigation of the licensee was initiated on August 31, 1987.
The inspection indicated that the licensee had shipped radiographic exposure devices containing radioactive sources on passenger-carrying aircraft by concealing the nature of the packages.
Region V referred the case to 01 and contacted lieadquarters for guidance.
As a result, on September 21, 1987, the NRC issued an order suspending the license, effective immediately.
Region V continues to coordinate all activity with Headquarters and the other regions on this case.
No adverse comments or negative observations were observed as a result of the inspection accompaniment.
During the accompaniment, it was observed that NRC Procedure 87100 was followed, as well as guidance given in NRC Manual Chapter 2800.
Inspections were thorough and missionary work was provided for licensees with weak programs.
Entrance and exit interviews were conducted properly and results of the inspections were clearly communicated to the appropriate licensee management level.
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' Temporary Instructions (TI) 2800/8, Inspections on drilling platforms in off-shore waters under federal jurisdictions by Regions IV and V, and TI 2800/12, Apparent Abandonment of fluclear Pacemaker Programs, were well-coordinated and completed as requested.
Processing of f;RC Form 241, ano inspection of Agreement State licensees operating under the reciprocity provisions of 10 CFR 150.20, were consistent with the guidance in Manual Chapter 1220.
Region V has an efficient centralized inspection scheduling system.
Management is very supportive of staff training.
The inspectors and licensing reviewers have completed the training requirements of Manual Chapter 1245 " Inspector Qualifications." There are plans for refresher training.
The inspection reports and notices of violations are well written. A careful review of each Notice of Violation and Inspection Report contributes to the adequacy of violations.
There were six' overdue inspections in priorities 1 and 5.
This is a t
result of shortage of inspection resources due to allocation of resources for assistance to the Office of Investigations (01).
On the average, inspection reports and notices of violations were issued in 43.7 days compared to a goal of 20-days.
Delays may have been the result of allegations and assistance to the 01.
The average time spent per inspection was shown in the computer as 14 hours1.62037e-4 days <br />0.00389 hours <br />2.314815e-5 weeks <br />5.327e-6 months <br />; the average time per inspection for other regions was five hours.
This was explained by the regional staff that this was due to large 01 expenditures for two cases. The regional staff indicated that they would adjust the entries in the computer so that they did not record misleading data on I
routine inspections.
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1 2.3 Fuel Cycle Inspection The fuel cycle inspection program has been conducted in accordance with MC-2600 and the applicable inspection modules using appropriate Region inspection specialists to support the Fuel Facility Inspector.
It was noted that the Nuclear Materials Safety Section, should assure that the inspection specialists receive appropriate orientation on the requirements of the specific license prior to the inspections.
Inspections are scheduled each calendar quarter based on the required inspections to complete the assigned modules for each facility during the year.
The dccumentation for inspections and related actions has been timely and consistently of good quality. The program has been conducted in a technically sound and accurate manner within allotted resources.
2.4 Fuel Cycle and Materials Safety Initiatives RV establishes good working relationships with applicants and n
licensees by conducting prelicensing visits.
The Region participates often in seminars and technical meetings, c
i.e., ASN1, Letterman Pharmacy Seminars, Radiography and Well-logging, The Region does a good job on initial inspections of new licensees.
o 2.5 Recommendations for Action Region V should continue the missionary work when appropriate and its o
effective communication with licensees. Also, continue management review of inspection reports and notices of violations before they are sent to Headquarters.
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. In regard to the fuel cycle inspection program, the Region o
recommended that Temporary Instructions should be used more to focus inspection effort for new initiatives and to reduce the effort in other areas at the same time.
It was also noted that TI-2600 (2600-06) should be further revised to provide guidance on what the time interval should be between the original team assessment for a facility and the renewal assessment.
The Region expressed a need for further training for the current program as well as on new initiatives introduced to the inspection effort.
2.6 _Headouarters/ Regional Interface fleadquarters will take into account the impacts of escalated o
enforcements and prosecutions for wrongdoing on routine licensing end inspection effort.
RV requested that more resources be budgeted for the above events.
o l
kV felt that the materials conference calls were useful. It was c
i suggested that periodic, regular teleconferences (or meetings) also be held between regional and Headquarters staff regarding the fuel cycle regulatory program, Licensing Workshops are valuable, according to RV, but they need to
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o be more focused on solutions, t
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. 3.0 SAFEGUARDS LICENSING AND INSPECTION PROGRAMS The review of the Regional Safeguards Licensing Program covered the physical security as well as the material control and accounting review The review of the Inspection Program covered physical security cases.
inspections. Material control and accounting inspections will be covered in FY89.
3.1 Safeguards Licensing Program The Region V staff maintains a complete set of Regional Guidance Documents, Standard Review Plans and supplementary Region V instructions related to the licensing process for the technical guidance of license case reviewers.
The Region V documentation has been updated with the latest changes and is consistent with NRC policy and guidance. The Part 70.32/72.84 case reviews were performed in a sound, technical manner.
The reviews were complete and generally consistent with hRC policy and guidance.
Inconsistencies noted during reviews were discusseo with licensees and resolved.
Correspondence from Region V was forwarded to Headquarters in a timely manner and properly marked.
Region V achieved an average case turnaround time of 54 days in FY88.
Licensing review completions have exceeded the Operating Plan goals.
Region V completed 10 licensing reviews in FY87 vs. 5 planned licensing reviews.
Region V completed 2 licensing reviews in FY 88 vs. 3 planned review completions because of the late receipt of the cases.
Region V utilized the NMSS Operating Plan Caseworks Statistics Report #41 to keep Headquarters informed of licensing caseworks status on a monthly basis.
The Region V license reviewers were trained at Headquarters in 1982 and the
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Region has cross-trained additional inspector staff to perform licensing reviews and provide back-up capability.
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' 3.2 Safeguards Inspection Program The Region V staff maintains a complete file of all NRC publications, documents and guidance on planning, conducting, reporting and follow up requirements for inspections.
In addition, Region V has issued regional guidance to supplement NRC guidance to the technical staff for the purpose l
of assuring uniformity in planning, conducting and reporting inspections.
The Region V publications and documents are up-to-date and consistent with NRC policy and guidance.
Region V physical security inspection reports were technically sound ano consistent with Headquarters and regional policy and guidance.
Supporting evidence for findings and conclusions was included in the inspections reports and clear documen-tation for violations and unresolveo issues was included where applicable.
SGTR staff accompanied a Region V inspector on a physical security inspection at GA Technologies, San Diego, CA, in February 1988.
During the inspection the Region V inspector visited the FBI point of contact at the FBI office in San Diego to maintain the Region V liaison contact with the local FBI.
The inspection was performed in a thorough, compre-hensive, techr,1cally competent, and professional manner.
Althcugh safeguards regulations do not specifically require fuel facility licensees to establish and maintain physical security quality assurance programs, the Region V inspectors do inspect three modules which fit the definition of quality assurance as "those planned and systematic actions necessary to provide adequate confidence that a system or component will perform adequately in service." These modules include the Security Program Audit Module, The Records and Reports Module and the Testing and Maintenance Module.
The inspectors reviewed records and reports and observed implementation of procedures when possible.
Region V established an outstanding Division of Radiation Safety and Safeguards planning and scheduling system and produced the FY88 MASTER ACTIVITIES PLAN.
The Plan identifies fuel facilities to be inspected, type of inspection modules to be included in the inspections, target date of the inspections and lead staff through FY89.
The plan is refined each quarter.
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' Region V met the inspection goals established in the Operating Plan and in Chapter 2681 and has scheduled inspections through FY89 to meet the requirements in Manual Chapter 2681.
Region V conducted two Category I physical security inspections of two scheduled in FY87 and one of one scheduled through March 31, 1988.
Region V also cor.pleted one Category II physical security inspection of one scheduled in FY87 and one Category III physical security inspection of one scheduled in FY87.
Regicn V staff followed published NRC guidance and instructions in utilizing the 766 system.
However, the staff noted that the 766 system does not provide current data and the system does not produce all of the information needed by supervisors.
Region V has not had any turnover among the safeguards inspectors in the past three years.
Region V maintains an internal audit system which audits the status of training 'md refresher training.
The Region V audits assist in assuring that the safeguards inspectors receive refresher training required by Manual Chapter 1245.
3.3 Licen_ sir.c and Inspection Initiatives Region V is to be commended for the following initiatives:
Region V worked with Region III in providing technical assistance to o
Region III for an MC&A inspection in August 1987.
Region III.provided assistance to Region V for the physical security inspection program.
Region V procured a lap top computer which is used by inspectors o
during inspections to process draft inspection reports.
This initiative has improved the efficiency of inspectors in providing more timely
. inspection reports.
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. i 3.4 Recommendations for Action
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l No recommendations noted, d
3.5 Headquarters /Reoienti Interaction Region V has been very responsive to Headquarters' requests for the following actions:
Region V trained physical security inspectors in safety and health o
physics procedures to enable the inspectors to perform transportation l
safety inspections in conjunction with their safeguards inspections.
Region V inspectors completed special comparability inspections within o
the time requested by Headquarters and submitted reports in a timely manner.
Region i staff reviewed all Region V Part 70 SNM licensees possession o
limits and holdings to verify the correct facility category for inspection purposes.
i Region V suggested that inspectors from each region perfonn a limited number of inspections in other Regions as part of a cross-fertilization program designed to improve uniformity and efficiency of the safeguards inspection program.
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. 4.
TRAhSPORTATION SAFETY AND SAFEGUARDS INSPECTION PROGRAMS The review of the Transportation Safety Inspection Program is based on review of completed inspection reports, analysis of 766 system data on completion of transportation inspections credited to Modules 86740 and 86721, discussions with regional staff during the assessment visit on January 25-20, 1988, and one accompaniment inspection with a Region V inspector to the Palo Veroe 1-3 Nuclear Stations in Arizona during Februa ry 22-24, 1988. The review of the Transportation Safeguards Inspection Program is based on review of completed inspection reports, analyses of 766 data on completion of transportation safeguards inspections and discussions with regional staff during the assessment visit on February 5,1988.
4.1 Transportation Safety Inspection Program 4.1.1 Materials Licensees A significant improvenent in the coverage of transportation during the inspection of materials licensees was noted.
Completed field notes from 12 recent materials inspections were randomly selected for examination.
All were found to contain complete entries of information relating to transportation activity. Additionally, the formats of all of the field notes conformed to the appendix to Manual Chapter 87100, except for the medical inspection form, which had not yet been revised to incorporate a minor revision issued last year by headquarters.
Region V has in its area about 333 active materials licensees of which 132 were inspected in FY87. A strong effort has been made to reduce the 20%
backlog in overdue inspections that existed at the time of the last assessment.
By March 1988, the FY88 backlog was reduced to 5 inspec-tions.
Eighty-seven of the inspections covered Module 86740 resulting in 14 transportation violations of severity levels 4 and 5.
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- 4.1.2 Fuel Cycle Facilities In the Regiori V area, there are five active fuel cycle facilities.
During FY67,14 inspections were performed with Module 86740 covered at least once per facility. The inspection reports continue to indicate sufficient depth of coverage of inspections of transportation activities.
The Nuclear Materials Safety Section has recently been provided with additional FTE's from the Energency Preparedness Section to assist on fuel facility inspections.
4.1.3 Reactors Region V has in its area a total of 12 operating power reactors at 7 locations.
One of these, Humboldt Bay, is nearing completion of decommissioning.
Records indicated that the programmed annual inspection of transportation activities for FY87 was completed and for FY88 will be complete by Ma rch 1988.
Inspection reports continue to be thorough, complete, and timely.
Six operating research reactors are located in Region V, with a large number of others either mothballed or undergoing decommissioning. All of the operating research reactors were inspected during the year using supplemental Module 86740.
Reactor inspections resulted in a total of five non-escalated transpor-tation violations.
No escalated actions or referrals from Washington or Nevada involving Region V licensee waste shipments were noted.
The Section Chief accompanied assigned inspectors at least once during the past year, however, the transportation module was not programmed for coverage during these inspections.
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. 4.2 Transportation Safeguards Inspections l
Region V was not scheduled for safeguards transportation inspections in j
FY87.
Region V completed two of the three transportation safeguards inspections scheduled for FY88. The inspection reports were technically complete, consistent with NRC policy and guidance and submitted in timely Region V is ahead of schedule in meeting its Operating Plan manner.
goals.
4.3 Regional Initiatives Regier, V is to be commended for:
Completion of the transportation course H-308 by all inspectors o
assigned to inspect transportation activities, through attending the course at TTC or at Region V in 12/87; Significantly upgrading the quality of their transportation o
inspection effort of materials licensees since the last assessment; and Submitting suggestions to headquarters on actions that might be taken o
to improve materials licensees awareness of and compliance with transportation regulations.
4.4 Recommendations For Action No recommendations, i
4.5 Headouarters/ Regional Interaction Region V staff has had a excellent interaction with Headquarters staff on problems, issues and reactive cases involving transportation matters.
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. 5.
LOW-LEVEL WASTE INSPECT]0N PROGPAM (10 CFR 61)
The review of the Low-Level Waste Inspection Program is based on our review of the completed inspection reports, analysis of 766 system data of low-level waste inspection reports credited to inspection modules 84850 and 84722, two accompaniment inspections to Advanced Nuclear Fuels, Inc.
and the Palo Verde Nuclear Generating Station and discussion with Region V staff during the visit on February 25 and 26,1988.
5.1 JO CFR 61 Low-Level Waste Inspections - Materials For the materiels inspection program, 30 inspection reports were credited to the inspection of low-level waste of the 132 inspections performed in FY87.
The number of actual low-level waste inspections performed by the Region may be higher than the 30 reports attributed to inspection procedure 84850 since Region V inspectors credit other inspection modules, such as 83822 and 87100, for their low-level waste inspection efforts.
As part of the NMSS National Program Review, Region V's materials inspection files were examined at the Region V offices to determine the completeness of the inspector field notes.
Of the twelve files selected, all were found to have been adequately completed and of excellent quality.
The formats of the inspector field notes were reviewed and all but one, the medical inspection form, were determined to be consistent with the recommendations provided in Manual Chapter 87100 Appendix.
The backlog of materials inspections had been as high as twenty percent in the past, but was being reduced at the time of the regional visit through additional staff emphasis.
It was noted that materials inspectors are accompanied by their section chief on an annual basis.
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. 5.2 10 CFR 61 Low-Level Waste Inspections - Fuel Cycle Facilities With respect to the Part 61 inspection program for fuel cycle facilities, all major fuel facilities were inspected during the review period. The low-level waste inspection coverage at these facilities is provided by staff of the Nuclear Materials Safety Section.
LLWM's inspection accompaniment in June 1987 showed inspection coverage of the facility's low-level waste management program to be thorough and of excellent quality.
The inspection reports of these facilities are prepared on a timely basis.
5.3 10 CFR 61 Low-Level Weste Inspections - Reactors At power reactor facilities, low-level waste inspections were performed at elever units of the seven reactor sites, with an average of five hours spent per inspection.
One unit, Palo Verde 3, was not generating low-level waste, which accounts for this unit not being inspected. Another unit, Humboldt Bay, is at the final stages of it deconris t ionir.g.
Therefore, the FY87 low-level waste inspection coverage at ret.ctor facilities is 100!.
The Facilities Radiological Protection Section Chief accomprnied each of his inspectors on an annual basis during the review period.
5.4 Low-Level Waste Disposal Site Inspections The inspection of the SNM license at the Richland, WA, low-level waste disposal facility is assigned the responsibility of the Nuclear Materials Safety Section.
Currently, this facility is scheduled for an annual inspection frequency.
The disposal facility inspections have been performed in accordance with all of the inspection requirements and have provided excellent feedback to Headquarters on the low-level waste disposal operations utilized at this facility. The inspector has demonstrated a thorough knowledge of Part 61 and both the NRC and the State of Washington licenses in place at the disposal facility.
Region V has consulted with LLWM staff on facility inspection matters and in the interpretation of license requirements.
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- The region is to be commended for its effort in cooperating with LLWM staff in developing license requirements which facilitate inspections.
5.5 Low-level Waste Management Initiatives The Region is to be commended for implementing.the following initiatives:
Frequent analysis of environmental data and subsequent follow-up o
telephone conversations with the licensee at the Richlano, WA, low-level waste disposal facility.
Consultation with LLWM staff regarding interpretation of license o
requirements.
5.6 Recommendations for Action For the materials inspection program, begin crediting the appropriate low-level waste inspection procedure to provide a more consistent tracking system for these inspection efforts.
5.7 Headouarters/ Regional Interaction The Region has communicated well with H0 on low-level waste inspection matters since the beginning of the review period.
The request for LLWM's interpretation of low-level waste site license requirements is an example of such interaction.
These interactions have proven beneficial-for both LLWM and the Region in identifying and surfacing these relevant low-level waste management issues.
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' 6.
URANIUM REC 0VERY LICENSING AND INSPECTION hot applicable to Region V.
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FTE AND PROGRAM SUPPORT FUNDS UTILIZATION The following table shows FTE allocations and expenditures for the review period.
Region V has no program support funds in the NMSS mission a reas.
FY88 FY87 ANNUAL BUDGET EXPENDED PROGRAM ACllVITY BUDGET EXPENDED
. BUDGET OCT.-DEC.
OCT.-DEC.
Materials Licensing 1.9 1.9 100 1.9 0.5 0.4 80 Materials Inspection 2.7 3.5 130 3.3 0.8 0.9 113 Fuel Facility Inspection 2.1 1.9 90 2.4 0.6 0.5 83_
SG Fuel F6cility Lic.
0.2 0.2 100 0.2 0.1 0
0 SG Fuel Facility Insp.
1.1 1.5 136 1.1 0.3 0.3 100 SG Transportation Insp.
0.1 0
0
.2 0.1 0
0 i
LLW Inspection Total 8.1 9.0 111 9.1 2.4 2.1 88 i
NOTES:
I 1)
FYS7 expenditures from FY87 RITS RWAT report; section supervision prorated.
2)
FY88 expenoitures from FY88 RITS RWAT report (as of 1/2/88); section supervision prorated.
3)
In FY87, Licensing Assistant FTE (0.7) was added to materials licensing budget allocation.
i 4)
In FY88, Licensing Assistant FTE (1.0) was added to caterials licensing (0,5) and materials inspection (0,5) budget allocations.
- Resources are included in materials, fuel facility and transportation inspections.
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The regional nuclear materials licensing, nuclear materials inspection and safeguards programs are fully staffed. The fuel facility inspection program is understaffed; there is no identified vacancy in the FY88 staffing plan. At the end of April, Region V stated the fuel facility program will remain understaffed and that the excess budgeted resources will be reprogrammed to the materials area due to increased FTE requirements of Finlay Testing.
Overall resource expenditures in FY87 exceeded projections.
Total FY88 resource expenditures are below projections.
During FY87, Region V completed 124% of their revised materials licensing casework goal with actual resource apenditures equalling budgeted projections.
Expenditures and casework completions for FY88 exceed projections. Materials licensing labor rates were revised in FY87.
The FY87 completions and FTE expenditures indicate that further labor rate changes based on FY87 data may be necessary.
NMSS is currently reviewing these data for incorporation into the FY90 budget.
Materials inspection resource utilization exceeds projections for both FY87 ano FY88.
This is due to considerable FTE being expended in technical assistance to 01 for cases such as Finlay Testing.
The baseline FYS8 operating
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plan goal indicated Region V would have to complete more inspections than required by following frequencies in Manual Chapter 2800.
f<egion V requested and receiveo an operating plan adjustment due to this.
As discussed above, excess resources are being used for 01 support.
i Fuel facility inspection resource expenditures were under projections in both l
FY87 anc FY8C.
Region V, however, is completing inspections in accordance with Manual Chapter 2600.
The labor rates for this category may require adjustment.
hhSS is currently reviewing data for incorporation into the FY90 budget. Also, there is inadequate aaministrative support in this area.
Region V believes their total overhead allocation is insufficient to support all of the agency programs they carry out. NMSS has sent a memorandum to ARM on this subject requesting an analysis to support the formulation of the FY90 budget.
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0 During FY87 in the Safeguards and Transportation program, Region V expended over 20% more FTE's than budgeted.
Based on limited FY86 data, resource
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expenditures for safeguards fuel facility inspections are in-line with projections.
Safeguards fuel facility licensing and safeguards transportation inspections are running slightly behind projections. Although in licensing, zero cases have been completed due to late receipt of casework.
l in sumtr,ary, Region V has ef fectively utilized nuclear material safety mission j
area resources.
They reallocate to high priority areas when circumstances warrant anc keep NMSS management informed.
They are fully staffed with very c,ualified professionals that work together well.
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