View source for RIS 2012-04, Notice of Revision to the Criteria for Identifying Materials Licensees for Discussion at the Agency Action Review Meeting

{{Adams
| number = ML12041A329
| issue date = 03/20/2012
| title = Notice of Revision to the Criteria for Identifying Materials Licensees for Discussion at the Agency Action Review Meeting
| author name = Mcdermott B
| author affiliation = NRC/FSME/DMSSA
| addressee name = 
| addressee affiliation = 
| docket = 
| license number = 
| contact person = White, Duane, 415-6272
| document report number = RIS-12-004
| document type = NRC Regulatory Issue Summary
| page count = 7
}}
{{#Wiki_filter:UNITED STATES
                             NUCLEAR REGULATORY COMMISSION
                          OFFICE OF FEDERAL AND STATE MATERIALS
                      AND ENVIRONMENTAL MANAGEMENT PROGRAMS
                 OFFICE OF NUCLEAR MATERIAL SAFETY AND SAFEGUARDS
                                     WASHINGTON, D.C. 20555 March 20, 2012 NRC REGULATORY ISSUE SUMMARY 2012-04 NOTICE OF REVISION TO THE CRITERIA FOR
    IDENTIFYING MATERIALS LICENSEES FOR DISCUSSION AT THE
                          AGENCY ACTION REVIEW MEETING

==ADDRESSEES==
All U.S. Nuclear Regulatory Commission (NRC) materials licensees (including fuel cycle facilities and master material licensees), Agreement State Radiation Control Program Directors, and State Liaison Officers 

==INTENT==
The NRC is issuing this regulatory issue summary (RIS) to inform addressees that the NRC has revised the criteria for identifying nuclear material licensees, including Agreement State licensees, with significant performance problems for discussion at the NRCs Agency Action Review Meeting (AARM). No specific action or written response is required. The NRC is providing this RIS to the Agreement States for their information and for distribution to their licensees as appropriate.

==BACKGROUND==
In 2002, NRC developed a process for providing information to the Commission on significant nuclear materials issues and adverse licensee performance. This process was discussed in SECY-02-0216, Proposed Process for Providing Information on Significant Nuclear Materials Issues and Adverse Licensee Performance, dated December 11, 2002. As part of this process, the staff developed criteria to identify nuclear material licensees with significant performance problems that would be discussed at the Agency Action Review Meeting (AARM). In 2008, the NRC revised the criteria to provide additional clarification regarding the criteria requirements and to incorporate NRCs current policy and procedures.

The AARM is an agency meeting that allows senior NRC managers (1) to review the appropriateness of agency actions that have been taken for those nuclear power plants with significant performance problems as determined by the reactor oversight process (ROP) action matrix, (2) to review the appropriateness of agency actions for those nuclear materials licensees, including fuel cycle facilities, with significant safety or security issues, (3) to ensure that coordinated courses of action have been developed and implemented for licensees of concern, (4) to review results of the staffs assessment of ROP effectiveness, including a review ML12041A329 of approved deviations from the action matrix, and (5) to ensure that trends in industry and licensee performance are recognized and appropriately addressed.

==SUMMARY OF ISSUE==
In June 2009, the Commission issued Staff Requirements Memorandum (SRM), in response to the Commission Briefing on the results of the May 14, 2009, AARM. One item in the SRM
stated that The staff should continue to look for ways to improve and clarify the evaluation process and criteria that are used to identify nuclear material licensees that warrant discussion at the NRCs Agency Action Review Meeting as well as the criteria licensees need to achieve in order to no longer be considered for discussion. In response to the SRM and as part of the
2010 AARM preparation process, NRC management reviewed the criteria and decided that an additional criterion should be added to address licensees that were previously discussed at the AARM, but their subsequent corrective actions were ineffective in addressing the underlying issues. At the 2010 AARM, NRC senior management discussed and approved the addition of this new criterion.

After incorporating the new criterion into the existing AARM criteria, the NRC published the proposed criteria in the Federal Register (75 FR 54917) for public comment on September 9,
2010. The public comment period ended on October 25, 2010, and NRC received no comments from the public.

The agency currently identifies nuclear material licensees, including fuel cycle and Agreement State licensees, for AARM discussion based on operating performance, inspection results, and the severity of problems related to safety performance. The NRC staff will continue to identify licensees for discussion at AARM meetings based on these parameters. See Enclosure 1 for the AARM criteria in its entirety. The new criterion is listed as Item IV.

===FEDERAL REGISTER NOTIFICATION===
A notice of opportunity for public comment on this RIS was not published in the Federal Register because this RIS is informational and does not represent a departure from current regulatory requirements.

===CONGRESSIONAL REVIEW ACT===
The NRC has determined that this action is not subject to the Congressional Review Act (5 U.S.C. &sect;&sect; 801-886) and, therefore, is not subject to the Act.

===PAPERWORK REDUCTION ACT STATEMENT===
This RIS does not contain information collections and, therefore, is not subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501, et seq.). 

===PUBLIC PROTECTION NOTIFICATION===
The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement unless the requesting document displays a currently valid OMB control number.

==CONTACT==
This RIS requires no specific action or written response. If you have any questions about this summary, please contact the individual listed below or the appropriate regional office.

/RA/
                                              Brian J. McDermott, Director Division of Materials Safety and State Agreements Office of Federal and State Materials and Environmental Management Programs 

===Technical Contact:===
Duane White, FSME
                      (301) 415-6272 Duane.White@nrc.gov Enclosures:
1. Criteria for Identifying Nuclear Material Licensees for Discussion at the Agency Action Review Meeting
2. List of Recently Issued FSME
    Generic Communications 

===PUBLIC PROTECTION NOTIFICATION===
The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement unless the requesting document displays a currently valid OMB control number.

==CONTACT==
This RIS requires no specific action or written response. If you have any questions about this summary, please contact the individual listed below or the appropriate regional office.

/RA/
                                              Brian J. McDermott, Director Division of Materials Safety and State Agreements Office of Federal and State Materials and Environmental Management Programs 

===Technical Contact:===
Duane White, FSME
                       (301) 415-6272 Duane.White@nrc.gov Enclosures:
1. Criteria for Identifying Nuclear Material Licensees for Discussion at the Agency Action Review Meeting
2. List of Recently Issued FSME
    Generic Communications ML12041A329 OFFICE FSME/DMSSA FSME/DMSSA DMSSA/MSEAB                   FSME/DMSSA      NMSS/SFST
NAME         DWhite         AMcIntosh       CEinberg         JLuehman        EDoolittle DATE        10/07/11         10/07/11       10/14/11         10/ 20 /11      01/ 19 /12 OFFICE    NMSS/FCSS        OGC - NLO          OIS           OGC - CRA         DMSSA
NAME       JKinneman          CScott        TDonnell         SCroston       BMcDermott DATE        01/ 19 /12      01/ 27 /12     01/ 27 /12        02/ 02 /12       02/20/12 OFFICIAL RECORD COPY

RIS 2012-04 Enclosure 1 Criteria for Identifying Nuclear Material Licensees for Discussion at the Agency Action Review Meeting (AARM)
I. Strategic Plan Licensee has an event that results in the failure to meet a Strategic Outcome for Safety or Security in the U.S. Nuclear Regulatory Commission (NRC) Strategic Plan (NUREG-1614).
II. Significant Issue or Event Licensee has an issue or event that results in:
1. An Abnormal Occurrence Report to Congress (per Management Directive 8.1), or
2. A severity level I or II violation, as described in the NRC Enforcement Policy (including equivalent violations dispositioned by Alternative Dispute Resolution), or
3. A Level 3 or higher International Nuclear Event Scale Report to the International Atomic Energy Agency (per Management Directive 5.12),
and There are unique or unusual aspects of the licensees performance that warrant additional NRC
oversight (e.g., a significant event, which requires an incident investigation team or augmented inspection team).
III. Performance Trend Licensee has multiple and/or repetitive significant program issues identified over more than one inspection or inspection period, and the issues are supported by a severity level I, II, or III
violation, as described in the NRC Enforcement Policy (including equivalent violations dispositioned by Alternative Dispute Resolution).
and There are unique or unusual aspects of the licensees performance that warrant additional NRC
oversight (e.g., oversight panel formed for order implementation).
IV. Identified for Discussion at Previous AARM
Licensee corrective actions did not address or were ineffective in correcting the underlying issues that were previously discussed at the AARM.

RIS 2012-04 Enclosure 2 List of Recently Issued Office of Federal and State Material and Environmental Management Programs Generic Communications Date       GC No.                       Subject                                  

==Addressees==
01/17/2012 RIS-2012-01     Availability of Safety Culture Policy All U.S. Nuclear Regulatory Commission Statement                             licensees, certificate holders, permit holders, authorization holders, holders of quality assurance program approvals, vendors and suppliers of safety-related components, and applicants subject to NRC authority. All Agreement State Radiation Control Program Directors, State Liaison Officers, and other interested stakeholders.

12/14/2011 RIS-2006-20,    Guidance for Receiving                All community water systems in the U.S.

Rev. 1       Enforcement Discretion When           Nuclear Regulatory Commission non- Concentrating Uranium at              Agreement States that, while treating Community Water Systems               drinking water, may accumulate and concentrate naturally-occurring uranium in media, effluents, and other residuals, above 0.05 percent by weight. All Agreement State and Non-Agreement State Radiation Control Program Directors and State Liaison Officers
09/29/2011 RIS-2011-11     Regarding Long-Term Surveillance      All holders of operating licenses for Charge for Conventional or Heap       conventional or heap leach uranium Leach Uranium Recovery Facilities     recovery facilities; holders of licenses for Licensed Under 10 CFR Part 40         conventional or heap leach uranium recovery facilities in decommissioning;
                                                                 companies that have submitted applications to construct new conventional or heap leach uranium recovery facilities or letters of intent to submit such applications; UMTRCA
                                                                 Title II sites; Agreement State Radiation Control Program Directors, and State Liaison Officers
08/31/2011 RIS-2011-10     Informing Licensees About the         All U.S. Nuclear Regulatory Commission NRCs Public Web Site for             licensees, certificate holders, permit Significant Enforcement Actions       holders, applicants, Agreement State When Evaluating Individuals for       Radiation Control Program Directors, State Employment                            Liaison Officers, and other interested stakeholders.

RIS 2012-04 Enclosure 2 List of Recently Issued Office of Federal and State Material and Environmental Management Programs Generic Communications Date            GC No.                      Subject                                 

==Addressees==
08/16/2011      RIS-2011-09     Available Resources   Associated       All U.S. Nuclear Regulatory Commission with Extended Storage of Low-Level licensees, certificate holders, permit Radioactive Waste                     holders, authorization holders, holders of quality assurance program approvals, vendors and suppliers of safety-related components, and applicants subject to NRC authority. All Agreement State Radiation Control Program Directors, State Liaison Officers, and other interested stakeholders.

05/18/2011       IN-2011-09     Fixed Gauge   Shutter Failures Due to All U.S. Nuclear Regulatory Commission Operating in Harsh Working            specific and general fixed gauge licensees.

Environments                          All Agreement State Radiation Control Program Directors and State Liaison Officers.

Note: This list contains the six most recently issued generic communications, issued by the Office of Federal and State Materials and Environmental Management Programs (FSME). A full listing of all generic communications may be viewed at the NRC public website at the following address: http://www.nrc.gov/reading-rm/doc- collections/gen-comm/index.html
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