ML24065A465

NIST – Request for Additional Information to Support Review of the Requested Modifications to the NIST Confirmatory Order EA-21-148

ML24065A465
Person / Time
Site:	National Bureau of Standards Reactor
Issue date:	03/07/2024
From:	Patrick Boyle NRC/NRR/DANU/UNPL
To:	Adams J US Dept of Commerce, National Institute of Standards & Technology (NIST)
References
EA-21-148
Download: ML24065A465 (1)

Text

T. Newton UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Dr. James Adams, Director National Institute of Standards and Technology NIST Center for Neutron Research U.S. Department of Commerce 100 Bureau Drive, Mail Stop 6101 Gaithersburg, MD 20899-6101

SUBJECT:

NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY - REQUEST FOR ADDITIONAL INFORMATION TO SUPPORT REVIEW OF THE REQUESTED MODIFICATIONS TO THE NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY CONFIRMATORY ORDER EA-21-148

Dear Dr. Adams:

The purpose of this letter is to request additional information from the National Institute of Standards and Technology (NIST) by letter dated February 22, 2024 (Agencywide Documents Access and Management System Accession No. ML24054A368), wherein NIST requested two modifications to the August 1, 2022, NIST Confirmatory Order (CO) EA-21-148 (ML22206A213).

NIST requested to modify section V.2.a.vii of the CO to allow conduct of the second independent safety culture assessment more than 12 months following the completion of the initial assessment. NIST also requested to modify the U.S. Nuclear Regulatory Commission (NRC) staffs NIST Supplemental Inspection Table dated August 1, 2022 (ML22206A008),

activity to evaluate the adequacy of corrective actions for re-evaluated root cause analysis. The NRC staff reviewed the requested modification to the NIST CO based upon the provisions in the CO and the guidance provided in the Nuclear Regulatory Commission Enforcement Manual Revision 11, Change 15, dated December 26, 2023 (ML23360A760), and determined the following additional information is needed to consider the request.

The first recommendation requests the relaxation of the CO condition requiring a second safety culture assessment within 12 months of completing the initial assessment. As described in section 2.7.8 of the Enforcement Manual, in order for the NRC staff to grant a relaxation of a CO condition the recipient of the order must show good cause and provide justification that the relaxation would continue to provide reasonable assurance of adequate protection. Neither good cause or a sufficient justification was provided in the relaxation request. Consistent with the Enforcement Manual, the request to relax the CO requirement should include a description of how the licensee made reasonable efforts to comply with the requirement, an explanation related to the minimal impact on safety (e.g., how safety would be ensured at the facility during the additional time requested to conduct a follow-up safety culture survey), and other actions taken to reduce risk related to the relaxation of the CO.March 7, 2024 J. Adams 2 The second recommendation requests an adjustment to the supplemental inspection program related to the CO. The NRC staff maintains awareness of licensee activities and will adjust inspections schedules at its own discretion to achieve the inspection objectives.

If you have any questions, please contact me at (301) 415-3936, or by email to Patrick.Boyle@nrc.gov.

Sincerely, Patrick Boyle, Project Manager Non-Power Production and Utilization Facility Licensing Branch Division of Advanced Reactors and Non-Power Production and Utilization Facilities Office of Nuclear Reactor Regulation Docket No. 50-184 License No. TR-5 cc: GovDelivery Subscribers Signed by Boyle, Patrick on 03/07/24

ML24065A465 NRR-106 OFFICE NRR/DANU/UNPL/PM NRR/DANU/UNPL/LA OE/EB NAME PBoyle NParker DJones DATE 03/06/2024 03/06/2024 03/06/2024 OFFICE NRR/DANU/UNPL/PM NAME PBoyle DATE 03/07/2024