ML24152A019
| ML24152A019 | |
| Person / Time | |
|---|---|
| Issue date: | 06/24/2024 |
| From: | Christopher Hanson NRC/Chairman |
| To: | Dodaro G US Government Accountability Office (GAO) |
| John Jolicoeur | |
| Shared Package | |
| ML24134A171 | List: |
| References | |
| CORR-24-0050, LTR-24-0110 | |
| Download: ML24152A019 (1) | |
Text
U.S. Nuclear Regulatory Commission Actions to Address Priority Open U.S. Government Accountability Office Recommendations Addressing the Security of Radiological Sources The U.S. Government Accountability Office (GAO) identified seven open priority recommendations for the U.S. Nuclear Regulatory Commission (NRC) from four reports that addressed the security of category 3 sources (GAO-16-330), security measures for radioactive materials that could be dispersed through a radiological dispersal device (GAO-19-468), verification of licenses for category 3 materials (GAO-22-103441 ), and security of sources no longer in use (GAO-24-105998).
In the report GAO-16-330, "Nuclear Security: NRC Has Enhanced the Controls of Dangerous Radioactive Materials, but Vulnerabilities Remain," GAO recommended that the NRC:
- 1) Take the steps needed to include category 3 sources in the National Source Tracking System [NSTS] and add Agreement State category 3 licenses to the Web-Based Licensing [WBL] System as quickly as reasonably possible.
- 2) At least until such time as category 3 licenses can be verified using the License Verification System, require that transferors of category 3 quantities of radioactive materials confirm the validity of a would-be purchaser's radioactive material license with the appropriate regulatory authority before transferring any category 3 quantities of licensed material.
In the report GAO-22-103441, "Preventing a Dirty Bomb: Vulnerabilities Persist in NRC's Controls for Purchases of High-Risk Radioactive Materials," GAO recommended that:
- 1) The Chairman of the NRC should immediately require that vendors verify category 3 licenses with the appropriate regulatory authority.
- 2) The Chairman of the NRC should add security features to its licensing process to improve its integrity and make it less vulnerable to altering or forging licenses. These security features could include multifactor authentication or moving away from paper licenses to electronic-based licensing.
The Commission approved the NRC staff's recommendation not to amend the regulations to include category 3 sources in the NSTS or to impose security requirements to prevent aggregation of category 3 sources to a category 2 quantity of radioactive material. The Commission did direct the staff to develop a proposed rule, SECY-22-0112, "Proposed Rule:
Radioactive Source Security and Accountability," that examined other potential enhancements related to source security and provided it to the Commission for consideration. However, the Commission did not approve the proposed rule.
The staff previously issued Information Notice 22-01 to remind licensees to ensure, before transferring any radioactive material, that license verification meets the requirements set forth in NRC regulations or other equivalent Agreement State requirements. The NRC staff is also Enclosure
The NRC also acknowledges GAO's recommendation of additional security measures, similar to the existing physical protection measures in place for category 2 quantities of radioactive material, for certain category 3 radioactive materials (see Enclosure -
Response to GAO 2023 Priority Recommendations, ML23143A336). However, the agency respectfully disagrees and maintains that the current regulatory requirements provide for the safe and secure use of radioactive materials, regardless of the category of material.
In the report GAO-24-105998, "High-Risk Radioactive Material: Opportunities Exist to Improve the Security Sources No Longer in Use," GAO recommended that the Chair of NRC, in coordination with the Department of Energy (DOE), and in consultation with other relevant stakeholders, should conduct an analysis to evaluate options and take action to facilitate long-term storage, within agency authorities, to better secure foreign-origin americium-241 until a permanent disposal or viable recycling option is available.
The NRC regulations do not distinguish between foreign-and domestic-origin americium-241.
Long term, safe storage by licensees of sources awaiting a disposal pathway is facilitated by current NRC regulations and oversight programs. The NRC will continue to participate in interagency activities to further a disposition solution for foreign-origin americium-241.
However, the DOE/National Nuclear Security Administration (NNSA), rather than the NRC is the appropriate agency to lead and conduct the analysis described in the recommendation.
The NRC staff will continue to communicate with the DOE/NNSA staff during NNSA's evaluation of storage, disposal, or viable recycling recovery options for foreign-origin americium-241 under NNSA's Off-Site Source Recovery Program. The NRC and DOE/NNSA staff previously collaborated on a common position statement regarding disposal of foreign origin americium-241. The NRC is prepared to, if appropriate, license any facility that DOE/NNSA determines is a viable option to store foreign-origin americium-241.
As a member of the Task Force on Radiation Source Protection and Security, the DOE has been discussing options for disposition of foreign-origin americium-241 under activities pursuant to Recommendation 5 from the 2010 Task Force report. The recommendation is still considered open by the Task Force, which provides a vehicle to regularly update the Administration and Congress on this item.
Improving the Reliability of Cost Estimates In the report GAO-15-98, "Nuclear Regulatory Commission: NRC Needs to Improve Its Cost Estimates by Incorporating More Best Practices," GAO stated that the NRC should align its cost estimating procedures with relevant best practices identified in the GAO Cost Estimating and Assessment Guide (GAO Cost Guide). There is a significant updated related to this recommendation.
In November 2023, the Office of Management and Budget (0MB) issued a revised Circular No.
A-4, which contains guidance for Federal agencies on the development of regulatory analysis.
In addition, GAO revised the Federal cost estimating guidelines, in 2020. To address the revised guidance from 0MB and GAO, the NRC staff requested to withdraw NUREG/BR-0058 and its appendices from Commission consideration. In May 2024, the Commission approved the staff's request and directed staff to update NUREG/BR-0058 to be consistent with the revised 0MB and GAO guidance (SRM-SECY-20-0008; ML24124A088). The Commission further directed staff to consolidate the guidance into a single manuscript for issuance, with the exception of an 3