ML25114A112
| ML25114A112 | |
| Person / Time | |
|---|---|
| Issue date: | 04/24/2025 |
| From: | Virkar H NRC/OIG/AIGA |
| To: | Mirela Gavrilas NRC/EDO |
| References | |
| OIG-24-A-06 | |
| Download: ML25114A112 (1) | |
Text
NRC Headquarters l 11555 Rockville Pike l Rockville, Maryland 20852 l 301.415.5930 nrcoig.oversight.gov MEMORANDUM DATE:
April 24, 2025 TO:
Mirela Gavrilas Executive Director for Operations FROM:
Hruta Virkar, CPA /RA/
Assistant Inspector General for Audits & Evaluations
SUBJECT:
STATUS OF RECOMMENDATIONS: AUDIT REPORT OF THE U.S. NUCLEAR REGULATORY COMMISSIONS SECURITY OVERSIGHT OF CATEGORY 1 AND CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIALS (OIG-24-A-06)
REFERENCE:
JOHN W. LUBINSKI, DIRECTOR OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS, MEMORANDUM DATED APRIL 17, 2025 Attached is the Office of the Inspector Generals (OIG) analysis and status of recommendations as discussed in the agencys response dated April 17, 2025.
Based on this response, recommendations 1.1 and 1.3 remain open and resolved.
Recommendation 1.2 was previously closed. Please provide an updated status of the open, resolved recommendation by October 10, 2025.
If you have any questions or concerns, please call me at 301.415.1982 or Avinash Jaigobind, Team Leader, at 301.415.5402.
Attachment:
As stated cc: J. Martin ADO D. Lewis DADO J. Jolicoeur, OEDO OIG Liaison Resource EDO ACS Distribution
Audit Report AUDIT REPORT OF THE U.S. NUCLEAR REGULATORY COMMISSIONS SECURITY OVERSIGHT OF CATEGORY 1 AND CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIALS Status of Recommendations (OIG-24-A-06) 2 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 April 17, 2025:
NMSS staff completed the review of the informal guidance (i.e., the memo Retirement of the Materials Security Issues Forum Process, issued January 5, 2018, Agencywide Documents and Management System (ADAMS) Accession No. ML17318A056 (non-public)) to determine if revisions are needed to capture current enforcement actions. The informal guidance has been incorporated into the draft Section 6.12, Materials Security, of the Enforcement Policy. The informal guidance remains an effective tool to support identifying the security significance of violations of Part 37 requirements and has not required updating since the memo was issued. This recommendation will remain open until the OE (Office of Enforcement) updates and provides for public comment the draft Section 6.12, Materials Security, of the Enforcement Policy.
Incorporating the informal guidance in the Enforcement Policy ensures a routine evaluation is provided for enforcement examples.
Target Completion Date: FY 2025, Q4 OIG Analysis:
The agencys response continues to meet the intent of the recommendation. This recommendation will be closed when the OIG reviews the finalized Section 6.12, Materials Security, in the updated Enforcement Policy.
Status:
Open: Resolved
Audit Report AUDIT REPORT OF THE U.S. NUCLEAR REGULATORY COMMISSIONS SECURITY OVERSIGHT OF CATEGORY 1 AND CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIALS Status of Recommendations (OIG-24-A-06) 3 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 April 17, 2025:
NMSS (Nuclear Materials Safety and Safeguards) staff is collaborating with OE to update the Enforcement Policy and Enforcement Manual to specifically reference Part 37 requirements. OE has coordinated with the cognizant Offices (NMSS, Office of Nuclear Reactor Regulation, Regions, and Office of the General Counsel) to develop an update to Section 6.12, Materials Security, of the Enforcement Policy and incorporated severity level examples specific to Part 37 violations for Commission approval.
Agency review and concurrence of this draft version of the policy is currently underway. If necessary, NMSS staff will update the informal guidance and link the latest revision to the Material Security Toolbox and Repository of Communication with Regions hosted in the NMSS Division of Materials, Safety, Security, State, and Tribal Programs/Materials Safety Licensing Branch SharePoint site. This will ensure the latest revision of the informal guidance is readily accessible and available to NRC staff responsible for Part 37 inspection and enforcement activities for their consideration when determining the severity level of violations. This recommendation will remain open until OE updates and provides to the OEDO (Office of the Executive Director) for approval the draft Section 6.12, Materials Security, of the Enforcement Policy.
Target Completion Date: FY 2025, Q4 OIG Analysis:
The agencys actions continue to meet the intent of the recommendation. This recommendation will be closed when the OIG reviews the finalized Section 6.12, Materials Security, of the Enforcement Policy.
Status:
Open: Resolved