ML24106A205
| ML24106A205 | |
| Person / Time | |
|---|---|
| Issue date: | 04/24/2024 |
| From: | Raymond Furstenau NRC/EDO |
| To: | |
| Shared Package | |
| ML24106A207 | List: |
| References | |
| OEDO-24-00102 OIG-24-A-06 | |
| Download: ML24106A205 (1) | |
Text
Recommendation 1.1: Update NMSS [Nuclear Material Safety and Safeguards]
informal guidance, as needed, with up-to-date examples for staff to consistently determine the severity level of Part 37 violations.
Agency Response Dated NMSS staff will update the informal guidance (i.e., NMSS memo April XX, 2024: issued January 5, 2018, Agencywide Documents Access and Management System (ADAMS) Accession No. ML17318A056 (non-public)), as needed to capture current enforcement actions.
The informal guidance has been an effective tool to support identifying the security significance of violations of 10 CFR Part 37 requirements and has not required updating since the memo was issued. This recommendation will remain open until the Office of Enforcement (OE) updates and provides for public comment the draft Section 6.12, Materials Security, of the Enforcement Policy.
Target Completion Date: March 24, 2025
Point of
Contact:
George Smith, NMSS/MSST, 301-415-7201
1 Recommendation 1.2: Pending the update of the Enforcement Policy and Enforcement Manual, ensure the periodically updated NMSS supplemental guidance is readily accessible and is available to all staff responsible for Part 37 enforcement activities.
Agency Response Dated NRC staff uses the informal guidance in the non-public NMSS April XX, 2024: memo issued January 5, 2018, to support determining the severity level of Part 37 violations. A link to the memo has been placed in the Material Security Toolbox to ensure it is readily accessible and available to NRC staff responsible for Part 37 inspection and enforcement activities. NMSS/Division of Materials Safety, Security, State, and Tribal Programs (MSST) staff provides access to the protected, non-public information in the Material Security Toolbox. The NMSS memo was also placed in the Repository of Communication with Regions hosted in the MSST/Materials Safety Licensing Branch SharePoint site.
Target Completion Date: The NRC staff recommends closure of this item.
Point of
Contact:
George Smith, NMSS/MSST, 301-415-7201
Recommendation 1.3: Update the Enforcement Policy and Enforcement Manual to specifically reference Title 10 C.F.R. Part 37 requirements; include in these updated documents any necessary references to the newly updated informal guidance; and, disseminate the updated documents for staff consideration when determining the severity level of Part 37 violations.
Agency Response Dated OE will coordinate with the cognizant Offices (NMSS, Regions, April XX, 2024: Office of the General Counsel) to develop an update to Section 6.12, Materials Security, of the Enforcement Policy to incorporate severity level examples specific to 10 CFR Part 37 violations for Commission approval. This recommendation will remain open until OE updates and provides to the OEDO for approval the draft Section 6.12, Materials Security, of the Enforcement Policy. Since Enforcement Policy revisions involve considerable internal deliberation as well as external stakeholder input (e.g., public comment period, Commission paper, and Federal Register Notice), the target completion date takes into account all necessary steps in this process.
Target Completion Date: FY 2025, Q4
Point of
Contact:
David Furst, OE/EB, 301-287-9087
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