ML24073A216

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03-19-2024 Memo to J. Lubinski Re 2024 NRC Periodic Meeting Summary
ML24073A216
Person / Time
Issue date: 03/19/2024
From: Adelaide Giantelli
NRC/NMSS/DMSST/ASPB
To: John Lubinski
Office of Nuclear Material Safety and Safeguards
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Download: ML24073A216 (9)
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MEMORANDUM TO: John Lubinski, Director Office of Nuclear Material Safety and Safeguards FROM: Adelaide S. Giantelli, Chief State Agreement and Liaison Programs Branch Division of Materials Safety, Security, State, and Tribal Programs Office of Nuclear Material Safety and Safeguards

SUBJECT:

NRCS PERIODIC MEETING

SUMMARY

A periodic meeting with the U.S. Nuclear Regulatory Commission (NRC) was held January 30, 2024 -February 7, 2024. The purpose of this meeting was to review and discuss the status of the NRCs radiation control program. The NRC Office of Nuclear Material Safety and Safeguards was represented by Sherrie Flaherty, and me, and the Organization of Agreement States was represented by David Matos, State of Georgia.

The enclosed periodic meeting summary documents the results of the periodic meeting, including any specific actions resulting from the discussions. There were no performance concerns with respect to the Integrated Materials Performance Evaluation Program criteria identified. If you feel that the conclusions do not accurately summarize the meeting discussion or have any additional remarks about the meeting in general, please contact me at Adelaide.giantelli@nrc.gov or Sherrie Flaherty at sherrie.flaherty@nrc.gov to discuss your concerns.

Enclosure:

NRCs Periodic Meeting Summary cc: David M. Matos, Program Manager Radiation Protection Programs Georgia Department of Natural ResourcesMarch 19, 2024 Signed by Giantelli, Adelaide on 03/19/24

INTEGRATED MATERIALS PERFORMANCE EVALUATION PROGRAM

NRCS PERIODIC MEETING

SUMMARY

JANUARY 30 - FEBRUARY 7, 2024

Enclosure PERIODIC MEETING PARTICIPANTS

  • Sherrie Flaherty, Senior Intergovernmental Liaison NMSS
  • David Matos, OAS Secretary and Program Manager State of Georgia
  • Tammy Bloomer, Director RIV DRSS
  • Monica Ford, Chief, Commercial, Industrial, R&D Branch RI DRSS
  • Dave Hills, Chief, Decommissioning, ISFSI, and Reactor RIII DRSS Health Physics
  • Bob Orlikowski, Chief, Materials Licensing Branch RIII DRSS
  • Shawn Seeley, Regional Agreement States Program Officer RI DRSS (RSAO)
  • Lisa Forney, RSAO RI DRSS
  • Brian Nepper, Health Physicist RI DRSS
  • Geoff Warren, Health Physicist RIII DRSS
  • Mike LaFranzo, Senior Health Physicist RIII DRSS
  • Troy Johnson, Senior Health Physicist RIV DRSS
  • Jeremy Groom, Team Leader, Allegations, Coordination and RIV Enforcement Staff NRC Periodic Meeting Summary Page 1

1.0 DISCUSSION

This report presents the summary of the topics discussed and material provided during the periodic meeting for the U.S. Nuclear Regulatory Commissions (NRC) radiation control program at the midpoint of the Integrated Materials Performance Evaluation Program (IMPEP) review cycle. Individual discussions were held with the materials programs from Regions I, III, and IV, along with the Office of Nuclear Materials Safety and Safeguards (NMSS), Sealed Source and Device (SS&D) Review Program, January 30 - February 7, 2024. The meeting was conducted in accordance with NMSS State Agreements Procedure (SA) SA-116, Periodic Meetings between IMPEP Reviews.

This was the first NRC periodic meeting to review the NRC radiation control program as one entity. Prior to this, NRC periodic meetings were conducted with individual regions as separate programs. The 2021 NRC IMPEP reviewed the NRCs radiation control program as one consolidated program, therefore, the periodic meeting also reflects the radiation control program as one.

The discussions were led by Adelaide Giantelli, State Agreement and Liaison Program Branch Chief, NMSS; Sherrie Flaherty, Senior Intergovernmental Liaison, NMSS; and David Matos, Organization of Agreement States (OAS) Secretary and Program Manager, State of Georgia.

The OAS was invited to participate in this review, as part of the National Materials Program (NMP) continued efforts of sharing knowledge and building trust and transparency.

2.0 TOPICS COVERED DURING THE MEETING INCLUDED

Five common performance indicators are used to review the NRC Office and Agreement State radiation control programs during an IMPEP review. These indicators are: (1) Technical Staffing and Training, (2) Status of Materials Inspection Program, (3) Technical Quality of Inspections, (4) Technical Quality of Licensing Actions, and (5) Technical Quality of Incident and Allegation Activities. The performance indicators were discussed and summarized below.

2.1 Technical Staffing and Training (2021 IMPEP: Satisfactory)

The NRCs radiation control program is administered by the Division of Materials Safety, Security, State, and Tribal Programs (MSST), and Division of Decommissioning, Uranium Recovery, and Waste Programs (DUWP) Division Directors in NMSS; and the Regional Administrators in Regions I, III, and IV. The Director of NMSS has overall programmatic responsibility for the NRCs radiation control program.

At the time of the periodic meeting, the NRCs radiation control program included approximately 111 staff members covering technical and support personnel. Some staff members have additional roles involving operating reactor health physics, reactor decommissioning, and independent spent fuel installation inspections, which is beyond the scope of and not included in this discussion.

Since the 2021 IMPEP, there were 13 technical and 1 administrative staff who left the program and 18 technical and 1 administrative staff hired. Currently there are 7 vacancies in the Regions, some positions are in the process of being filled. Overall, positions have not been vacant for extended periods of time and in some cases, positions were able to be double encumbered to allow for transition. Regional representatives reported staff levels were adequate for the workload.

NRC Periodic Meeting Summary Page 2

At the time of the periodic meeting, no significant changes in full-time equivalent (FTE) were anticipated for the next 2 fiscal years. However, Regional Administrators and Directors are reviewing the potential need for future staffing modifications with the likely addition of Agreement States.

NRCs program implements Inspection Manual Chapter 1248 Qualification Programs for Federal and State Materials and Environmental Management Programs for training and qualification of the radioactive materials program staff.

Refresher training for qualified license reviewers and inspectors is tracked and monitored by the Branch Chiefs. At the time of the periodic meeting, all qualified staff had met the requirements for refresher training.

2.2 Status of Materials Inspection Program (2021 IMPEP: Satisfactory)

Since the 2021 IMPEP, the materials program has performed approximately 745 routine inspections of priority 1, 2, and 3 licensees, and 80 total initial inspections. Of these routine inspections, three performed overdue which is less than 1 percent. Regional staff recorded reasons for inspections going overdue. They were reported as (1) an error in a licensees program code was identified which resulted in a change of priority and inspection date, resulting in an overdue inspection; (2) a licensee with an agreement state license and an NRC license had no activities or facilities within NRC jurisdiction so no inspection could be conducted to meet the timeliness; and (3) a risk-significant decision was made to allow an inspection to go overdue in order to inspect a higher risk-significant activity that had limited availability. At the time of the periodic meeting there were no overdue inspections.

Since the 2021 IMPEP, Region III staff identified several inspections were considered likely to be performed overdue. Region III developed a risk-informed plan to prioritize inspections and determine how to meet the timeliness goal. Qualified inspectors from other regions assisted with the backlog and no priority 1, 2, or 3 inspections were performed overdue.

The NRC has performed 70 reciprocity inspections since the 2021 IMPEP. Using a risk-informed approach as outlined in IMC 2800, the Regions determined the reciprocity candidates.

2.3 Technical Quality of Inspections (2021 IMPEP: Satisfactory)

The NRC used the appropriate NRC Inspection Manual Chapters and Inspection Procedures for all inspections. Approximately 60 supervisory accompaniments were performed by the respective Branch Chiefs. At the time of the periodic meeting, all qualified inspectors had supervisor accompaniments for FY22 and FY23.

Each region had performed self-assessments to review the quality of materials licensing and inspection activities. The assessments focused on ensuring appropriate regulatory actions were taken along with complete and consistent documentation. Following licensing action reviews and inspections activity reviews, results were discussed with technical staff for any lessons learned. No significant issues were noted.

NRC Periodic Meeting Summary Page 3

2.4 Technical Quality of Licensing Actions (2021 IMPEP: Satisfactory)

The NRC has completed approximately 3616 licensing actions since the 2021 IMPEP, which included 2413 amendments, 584 renewals, 205, terminations, 80 new, and 334 other actions.

As noted above, each region conducted self-assessments of licensing and inspection activities.

Technical reviewers focused on complex and risk-significant licensing actions for evaluation.

Items found on review were discussed with license reviewers and Branch Chiefs. No significant issues were identified.

2.5 Technical Quality of Incident and Allegation Activities (2021 IMPEP: Satisfactory)

At the time of the periodic meeting, 121 incidents, 109 designated as reportable, and 12 non-reportable were reported since the 2021 IMPEP. For the 109 reportable events, the NRC closed 62 and 47 remain open. Each region was aware of the status for every open incident, many are still under investigation.

The regions had processes in place to respond to incidents. The Branch Chiefs followed procedures in determining proper response to incidents and when to perform on-site response.

For allegations 95 were reported to the NRC since the 2021 IMPEP. Each region described working with the regional allegation staff on intake, evaluation, response, and closure of all allegations received. Allegations were reported as reviewed and closed in a timely manner.

3.0 NON-COMMON PERFORMANCE INDICATORS

Four non-common performance indicators are used to review the NRC Office and Agreement State radiation control programs during an IMPEP review: (1) Legislation Regulations, and Other Program Elements (formerly Compatibility Requirements), (2) Sealed Source and Device (SS&D) Evaluation Program, (3) Low-Level Radioactive Waste Disposal Program, and (4) Uranium Recovery Program. Only two of these, SS&D Evaluation Program and Uranium Recovery Program apply to the NRC.

3.1 SS&D Evaluation Program (2021 IMPEP: Satisfactory)

1. Technical Staffing and Training

In August of 2023, an organizational realignment separated the materials licensing and tribal liaison functions. The branch realigned the SS&D and exempt distribution team leader position into a new non-supervisory role of Senior Lead Technical Reviewer. This new position serves as the subject matter expert for SS&D and e-licensing reviews along with supporting the Branch Chief with activities related to SS&D and e-licensing.

Currently the SS&D program has two qualified staff members and two members in training.

The program reported that six qualified reviewers from the branch and other parts of the agency had been utilized during this period. Since the 2021 IMPEP, four reviewers left the program and three were added. The program noted that the high turnover in SS&D staff was due to promotions, career opportunities, and retirements. The program maintained a minimum of two qualified individuals throughout this period.

NRC Periodic Meeting Summary Page 4

2. Technical Quality of the Product Evaluation

The NRC has 151 SS&D registrations. In August 2023, the State of New York returned its SS&D program to the NRC which included 14 active registration certificates. The NRC is in the process of administratively converting the New York SS&D registrations to the NRC registry in accordance with SECY-23-0058 ML23209A824.

There were 62 SS&D actions processed since the 2021 IMPEP including new applications and amendments. The program reported approximately 20-25 actions are managed annually. At the time of the periodic meeting, there were 12 actions under review.

The program ensured high quality of the reviews by peer reviewing actions. Peer reviewers were using a checklist to confirm applications were adequate, accurate, complete, specific, and consistent with the guidance in NUREG-1556 Volume 3, Rev. 2 Consolidated Guidance About Materials Licenses, Applications for Sealed Source and Device Evaluation and Registration.

3. Evaluation of Defects and Incidents Regarding SS&D

One product registered by the NRC had been identified by the staff as potentially having a defect. At the time of the periodic meeting, the staff was gathering additional information from the licensee.

The staff also performed generic assessments of product incident information received through the NRCs Operations Center. None of these assessments identified generic issues.

In addition, there have been no allegations to the NRC related to defects of failures of SS&D products registered to the NRC.

3.2 Uranium Recovery Program (2021 IMPEP: Satisfactory)

At the time of the periodic meeting, NRC had four technical staff positions with no vacancies.

Two staff were hired and one staff member left the program since the 2021 IMPEP. The program indicated that they had sufficient staff to conduct all uranium recovery activities.

In October of 2021, IMC 2801, Uranium Recovery and 11e. (2) Byproduct Material Disposal Site and Facility Inspection Program procedures were updated and applied within the program.

Additionally, in December of 2022, IMC 2602, Decommissioning Inspection Program for Fuel Cycle and Materials Licensees was also revised and applied to decommissioning uranium recovery sites.

The NRC conducted 23 uranium recovery site inspections in calendar years 2021 - 2023 with 7 planned inspections for 2024. The program altered some inspection frequencies based on activities at the sites. Some frequencies were extended, and one was shortened. Frequency changes since the 2021 IMPEP were documented in memorandums to the docket file.

All inspector accompaniments were completed and documented.

Active licensing actions was limited because the program has only one active uranium recovery site. The program continues to work on major decommissioning and licensing termination actions for three complex materials sites and four decommissioning uranium recovery sites.

NRC Periodic Meeting Summary Page 5

The program had no incidents nor received any allegations since the 2021 IMPEP.

4.0 OTHER GENERAL DISCUSSIONS

The NRC radiation control program demonstrated multiple ways for tracking the performance of its program and ensuring quality work. Each region has unique challenges related to managing and implementing workload and, in response, has developed effective programs. Although NMSS and the Regions operate independently, the overall results align to meet the global mission of the NRCs radiation control program.

5.0

SUMMARY

No performance concerns with respect to the IMPEP criteria were identified. The NRC had no overdue inspections or a backlog of licensing actions. Response to incidents and allegations was appropriate, timely, and thorough. Staffing and training were thoughtfully planned and maintained. Both the SS&D and Uranium Recovery programs appeared to be meeting the IMPEP criteria. The next IMPEP review is recommended to be conducted as scheduled in June of 2026.

ML24073A216 OFFICE NMSS/MSST/SLPB NMSS/MSST/SLPB NMSS/MSST/SMPB NMSS/MSST/SMPB NAME SFlaherty SF RJohnson RJAGiantelli AG AGiantelli AG DATE Mar 13, 2024 Mar 14, 2024 Mar 14, 2024 Mar 19, 2024

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