OIG-24-A-06, Status of Recommendations: Audit of the U.S. Nuclear Regulatory Commission’S Security Oversight of Category 1 and Category 2 Quantities of Radioactive Materials, Dated, December 17, 2025
| ML25351A252 | |
| Person / Time | |
|---|---|
| Issue date: | 12/17/2025 |
| From: | Virkar H NRC/OIG/AIGA |
| To: | Mark King NRC/EDO |
| References | |
| OIG-24-A-06 | |
| Download: ML25351A252 (0) | |
Text
NRC Headquarters l 11555 Rockville Pike l Rockville, Maryland 20852 l 301.415.5930 nrcoig.oversight.gov MEMORANDUM DATE:
December 17, 2025 TO:
Michael F. King Acting Executive Director for Operations FROM:
Hruta Virkar, CPA /RA/
Assistant Inspector General for Audits & Evaluations
SUBJECT:
STATUS OF RECOMMENDATIONS: AUDIT OF THE U.S. NUCLEAR REGULATORY COMMISSIONS SECURITY OVERSIGHT OF CATEGORY 1 AND CATEGORY 2 QUANTITIES OF RADIOACTIVE MATERIALS (OIG-24-A-06)
REFERENCE:
ANDREA KOCK, DIRECTOR OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS, MEMORANDUM DATED NOVEMBER 25, 2025 Attached is the Office of the Inspector Generals (OIG) analysis and status of recommendations as discussed in the agencys response dated November 25, 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 recommendations by June 12, 2025.
If you have any questions or concerns, please call me at 301.415.1982 or Avinash Jaigobind, Team Leader, at 301.415.8399.
Attachment:
As stated cc: J. Martin, ADO D. Lewis, DADO E. Deeds, OEDO OIG Liaison Resource EDO ACS Distribution
AUDIT REPORT AUDIT 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 NMSS staff in the Division of Materials Safety, Security November 25, 2025:
State and Tribal Programs (MSST) conducts a review of the informal guidance when evaluating security significance of Part 37 violations to provide recommendations on enforcement actions to the Division enforcement representative. MSST staff have determined that the informal guidance remains an effective tool to support identifying security significance of violations of Part 37 requirements and that the tool does not require updating at this time to capture current enforcement actions. When the revised enforcement examples in Section 6.12, Materials Security, are approved and incorporated into the published Enforcement Policy, the informal guidance will be retired.
Target Completion Date: FY 2026, Q2 OIG Analysis:
The OIG reviewed the agencys proposed actions, and they meet the intent of this recommendation. The OIG will close this recommendation upon verifying the completion of the proposed updates to the Enforcement Policy. This recommendation remains open and resolved.
Status:
Open: Resolved
AUDIT REPORT AUDIT 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 NMSS and OE staff developed Part 37 severity level examples November 25, 2025:
for the Materials Security section of the Enforcement Policy and developed specific references to Part 37 requirements in the Enforcement Manual. An FRN [NRC-2025-0676]
soliciting public comment on the revised Part 37 severity level examples in the Enforcement Policy was published on August 29, 2025. Because the current version of the informal guidance does not require updating at this time, the document will remain in the Material Security Toolbox and in the Repository of Communication with the Regions hosted in the MSST SharePoint site as a reference tool. This recommendation will remain open until OE updates the draft Enforcement Policy, Section 6.12, Materials Security, and provides it to the Office of the Executive Director (OEDO) for approval. Although the Enforcement Policy will ultimately need to be approved by the Commission, the staff is tracking this task up to delivering that recommendation to the Commission. The target completion date for providing OEDO the draft Enforcement Policy for approval was extended from September 30, 2025, to January 30, 2026.
OE requested the extended completion date to accommodate the revised agency guidance implementing Executive Order 12866 Regulatory Planning and Review, which required an Office of Information and Regulatory Affairs Significance Determination review prior to approval and issuance of the FRN on August 29, 2025, to solicit public comment on the revised Part 37 severity level examples.
Target Completion Date: FY 2026, Q2
AUDIT REPORT AUDIT 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) 4 Recommendation 1.3 (continued):
OIG Analysis:
The OIG has reviewed the proposed actions, and they meet the intent of this recommendation. The OIG will close this recommendation after reviewing the agencys proposed updates to the Enforcement Policy and Manual, including OEs updates to Section 6.12 of the Policy. This recommendation remains open and resolved.
Status:
Open: Resolved