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

Notice of Revision to the Criteria for Identifying Materials Licensees for Discussion at the Agency Action Review Meeting

ML12041A329
Person / Time
Issue date:	03/20/2012
From:	Brian Mcdermott NRC/FSME/DMSSA
To:
White, Duane, 415-6272
References
RIS-12-004
Download: ML12041A329 (7)

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. §§ 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