ML20196L716
| ML20196L716 | |
| Person / Time | |
|---|---|
| Issue date: | 07/30/2020 |
| From: | Brian Holian Office of Nuclear Security and Incident Response |
| To: | Baker B NRC/NSIR/DPCP/RSB |
| Baxter B, 301-287-3615 | |
| References | |
| OIG-17-A-09 | |
| Download: ML20196L716 (4) | |
Text
July 30, 2020 MEMORANDUM TO: Dr. Brett M. Baker Assistant Inspector General for Audits Office of the Inspector General FROM: Brian Holian, Director Brian E. Digitally signed by Brian E. Holian Office of Nuclear Security and Incident Response Holian Date: 2020.07.30 11:54:57 -04'00'
SUBJECT:
UPDATE ON STATUS OF RECOMMENDATIONS: AUDIT OF U.S. NUCLEAR REGULATORY COMMISSIONS OVERSIGHT OF SECURITY AT DECOMMISSIONING REACTORS (OIG-17-A-09)
This memorandum responds to your February 5, 2020, request (Agencywide Documents Access and Management System (ADAMS) accession number ML20036D202) for an update on the status of the recommendations of the Office of the Inspector General (OIG) report OIG-17-A-09, Audit of NRCs Oversight of Security at Decommissioning Reactors, dated February 22, 2017. Currently, recommendations 1 and 2 of report OIG-17-A-09 remain open and resolved, and staffs proposed actions and due dates for completion continue to be extended pending a Commission decision and final publication of the U.S. Nuclear Regulatory Commissions (NRC) Decommissioning rulemaking (NRC Docket Identification Number 2015-0070; RIN 3150-AJ59). As stated in your February 5, 2020 request, you acknowledge that staffs proposed actions meet the intent of recommendations 1 and 2. Since staff has taken the actions recommended by OIG, the staff recommends OIG close recommendations 1 and 2 upon review of this update.
Enclosed is the status of recommendations 1 and 2. If you have any questions, please contact Brad Baxter or Anthony Bowers of my staff.
Enclosure:
As stated CONTACTS: Brad Baxter, NSIR/DPCP (301) 287-3615 Anthony Bowers, NSIR/DPCP (301) 415-1955
ML20196L716 *via e-mail OFFICE NSIR/DPCP NSIR/DPCP/BC NSIR/DPCP/D QTE NSIR/D NAME BBaxter* ABowers* RFelts* CRaynor* BHolian*
DATE 07/13/2020 07/13/2020 07/15/2020 07/28/2020 07/30/2020 STATUS OF RECOMMENDATIONS: OFFICE OF THE INSPECTOR GENERALS AUDIT OF U.S. NUCLEAR REGULATORY COMMISSIONS OVERSIGHT OF SECURITY AT DECOMMISSIONING REACTORS (OIG-17-A-09)
Audit report OIG-17-A-9, NRCs Oversight of Security at Decommissioning Reactors, issued by the Office of the Inspector General (OIG), provided two recommendations. For each recommendation, the U.S. Nuclear Regulatory Commission (NRC) staff provides a response, current status, and recommendation for closure.
Recommendation 1:
Clarify the fitness-for-duty (FFD) elements that are necessary to comply with Title 10 of the Code of Federal Regulations (10 CFR), Part 73, Physical Protection Programs, paragraph 73.55(b)(9)(ii), insider mitigation program (IMP).
Current Status Staff committed to update Regulatory Guide (RG) 5.77, Insider Mitigation Program, to clarify those 10 CFR Part 26, Fitness for Duty Programs, elements that the NRC finds necessary for an effective licensee IMP under 10 CFR 73.55(b)(9). The staff-proposed revision to RG 5.77 was submitted to the Commission for their decision via SECY-17-0095, Review and Approval of Proposed Revision to RG 5.77, Insider Mitigation Program, on September 21, 2017 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML17066A109). The proposed revision also included guidance to clarify FFD requirements for decommissioning licensees. Publication of RG 5.77 is pending a Commission decision on the decommissioning proposed and final rules (NRC Docket Identification Number 2015-0070; RIN 3150-AJ59).
RG 5.77 has received one Commission vote to date.
Since staff has taken the actions recommended by OIG, the staff recommends OIG close this recommendation.
Proposed Completion Date: Action completed.
Point of
Contact:
Brad Baxter, NSIR/DPCP/RSB, (301) 287-3516.
Recommendation 2:
Develop rule language in 10 CFR Part 26 that describes the necessary FFD requirements for decommissioning licensees.
Current Status In SECY-18-0055, Proposed Rule: Regulatory Improvements for Production and Utilization Facilities Transitioning to Decommissioning (ADAMS Accession No. ML18012A019), dated May 7, 2018, the NRC staff seeks a Commission decision to publish a proposed rule to amend NRC regulations principally related to the decommissioning of nuclear power reactors. As part of this proposed rule, the staff proposes changes to 10 CFR Part 26 and 10 CFR 73.55(b), General Performance Objective and Requirements, to clarify FFD requirements for decommissioning reactors. The regulatory basis for this rulemaking was published in the Federal Register on Enclosure
November 27, 2017 (82 FR 55954). The Decommissioning rulemaking remains funded by the Office of Nuclear Reactor Regulation as a High Priority rulemaking. The rulemaking aligns with the regulatory requirements for nuclear power plants transitioning from operations to decommissioning with the reduction in risk that occurs over time, while continuing to maintain safety and security. The Commission decision for this rulemaking was initially estimated as March 31, 2021, with October 15, 2021 as the estimated publication date for the final rule.
However, the staff has proposed a new schedule for the final rule to be submitted to the Commission for review and publication in the Federal Register. The final rule will be submitted to the Commission for review and decision by September 30, 2021, and the publication of the final rule in the Federal Register Notice is scheduled for April 15, 2022.
Since staff has taken the actions recommended by OIG, the staff recommends OIG close this recommendation.
Proposed Completion Date: Action completed.
Point of contact: Brad Baxter, NSIR/DPCP/RSB, (301) 287-3516.