ML24164A276
| ML24164A276 | |
| Person / Time | |
|---|---|
| Issue date: | 06/11/2024 |
| From: | Rachel Johnson NRC/NMSS/DMSST/ASPB |
| To: | |
| References | |
| Download: ML24164A276 (1) | |
Text
Comment No Location Comment Accepted Remarks 1
Section 3.2.b New Jersey requested that the NRC consider revising the language in the last sentence of Section 3.2b, of the draft IMPEP report to: "While this policy had not been identified as compatible with NRC inspection procedures program element during the IMPEP review, it has been determined that New Jersey was operating within the parameters of IMC 2800, Materials Inspection Program, IMC 0610 Nuclear Material Safety and Safeguards Inspection Reports, and SA-101 Reviewing the Common Performance Indicator: Status of the Materials Inspection Program, SA-200 Compatibility Categories and Health and Safety Identification for NRC Regulations and other Program elements" and MD 5.6 Integrated Materials Performance Evaluation Program (IMPEP).
Not Accepted NRC IMC-2800 states: "Additional guidance on inspection reports can be found in IMC 0610, Nuclear Material Safety and Safeguards Inspection Reports. NCR IMC-601 states:
"General Timeliness Guidance. Inspection reports should be issued within time frames set by each NMSS Division or Regional Office. Typically, reports are issued no later than 30 calendar days after inspection completion or 45 calendar days for team inspections." The team feels that the guidance provided in NRC's IMC-2800 and the reference to IMC-0610, and SA-101 clearly establish 30- and 45-day timeliness targets for individual and team inspections, respectively. Therefore, the team does not recommend revising the IMPEP report. Further, the 45-day target identified in the May 22, 2024, update to NJs IMC-2800 does not appear to be compatible with NRCs IMC 2800, and will require an NRC compatibility review.
2 Sections 3.2.b The draft IMPEP Report highlights New Jerseys required percentage of Priority 1, 2, and 3 reciprocity inspections were not met for 2020, 2021 and 2023. New Jersey was in a Public Health Emergency (PHE) for 20202 and 2021. New Jerseys Covid policy states: Any inspection frequency can be extended if it is determined that the PHE would prevent a comprehensive inspection.
Also, the NRCs Temporary Instruction (TI) TI-003, Evaluating the Impacts of the Coronavirus Disease 2019 Public Health Emergency as Part of the Integrated Materials Performance Evaluation Program, states, in part, that for inspections that exceed the scheduling window with overdue dates falling inside the defined time frame of the pandemic, the number of overdue inspections should be noted in the report but should not be counted, provided that the State continues to maintain health, safety, and security. The NJ Agreement State Program believes it has met those criteria. New Jersey respectfully requests NRC consider the Public Health Emergency when considering the program reciprocity inspection frequencies. New Jersey will implement additional oversight to the reciprocity inspections.
Not Accepted When discussing reciprocity inspections with the team, NJ did not indicate that the pandemic had an impact on their ability to perform these inspetions. Additionally, NJ's response to the IMPEP questionnaire did not indicate an impact on reciprocity. Therefore, the IMPEP team did not invoke/apply TI-003 for this aspect of the performance indicator. Therefore, the team does not recommend revising the IMPEP report.
3 Sections 3.2.b New Jersey requested that the draft IMPEP report be revised to include the following underlined text: New Jerseys inspection frequencies were consistent with the NRCs program except for fixed and portable gauges license types, which New Jersey inspects more frequently than the NRC. New Jersey also treats multi-site licensees as separate entities, each with their own license and each inspected at the required frequency, resulting in more frequent inspections than the NRC.
Accepted Revision adds additional clarity on how New Jersey is organized and operates.
Comment Resolution Document Letter from Francis C. Steitz, Director Division of Air Quality and Radiation Protection New Jersey Department of Environmental Protection Dated May 24, 2024 - ML24150A083 New Jersey IMPEP Review - March 18-21, 2024 ML24164A276