ML19343C721
| ML19343C721 | |
| Person / Time | |
|---|---|
| Issue date: | 03/04/1981 |
| From: | Kerr G NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Gibb A WASHINGTON, STATE OF |
| References | |
| SA-KNS, NUDOCS 8103250122 | |
| Download: ML19343C721 (2) | |
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'o UNITED STATES 8"
NUCLEAR REGULATORY COMMISSION ep WASHINGTON, D. C. 20555
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MAR 4 193; Ref: SA/KNS, q e hQ f
Mr. Alan J. Gibb, Secretary Department of Social and Health Services D % p'l g c
Olympia, Washington 98504 b
Dear Mr. Gibb:
i This is to confirm the discussions Mrs. Kathleen Schneider held with Mr. Thomas, Dr. Beare, Mr. Strong and Mrs. Kirner following our partial
/M review and evaluation of the State radiation control program. The review covered the principal administrative and technical aspects of the materials program excluding uranium mills which we plan to cover later in 1981. This included an examination of the program's funding and personnel resources; licensing, inspection and enforcement activities; emergency response capabilities; and the status of the State's radiation control regulations. There was also an accompaniment of the State inspectors during the inspection conducted at the University of Washington January 26-29, 1981.
Our revice used as a reference the NRC " Guide for Evalu:.'on of Agencies lI and State Radiation Control Programs, Revision 3," datec r'ebruary, 1980.
The Guide was published in the Federal Register as a proposed NRC policy
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statement on October 3,1980 and public coments solicited. The Guide provides 37 Indicators for evaluating Agreement State program areas.
Guidance as to their relative importance to an Agreement State program is provided by categorizing the Indicators into 3 categories. When serious l
problems are found in program areas for which Indicators are in Categories lj I or II, we will need additional information in the form of responses 11 to our letters to you and the radiation control program director before ll we can offer staff opinions on the adequacy and compatibility of the program.
l If no serious problems are found in these areas, staff opinions on the l
adequacy and compatibility of the program may be made following the review j
meeting.
I have enclosed for your information some background information on the Agreement State prmram.
As a result of our revit the State's program and the routine exchange of information between ti
' ear Regulatory Commission and the State of Washington the staff bei i that the Washington program for regula-tion of agreement material 1.
the extent covered by this review is adequate to protect the publ1c health and safety and compatible with the Comission's program. However, certain improvements can be made in the program.
During the last review, we commented that revisions to the staff reclassification system may be mt.rited to provided greater promotional opportunities within the system. We are concerned that if promotional opportunities are not available, the State will not be able to retain a trained, quality staff. The promotional opportunities are still limited.
Staff turnover is a Category II Indicator and could adversely affect the State's ability to support the program.
8103 25 0 [c%
Mr. Alan J. Gibb The number of overdue inspections in the State's Priority Category I has decreased from 21 to 13. We commend the State's continuing effort to eliminate the overdue inspections for Priority I, the most potentially hazardous group.
In regards to the University of Washington, we appreciated the opportunity to accompany the State inspectors. We encourage the State to continue its compliance and licensing ections until such time as the University of Washington program is in full compliance with regulatory and license requirements.
We wish to acknowledge the excellent preparation of the advance material prepared by th3 Department's staff prior to the meeting.
Enclosed for your information is a copy of a letter to Mr. Strong with comments regarding technical aspects of the program.
I am also enclosing a second copy of each letter which should be placed in your State Public Document Room or otherwise made available for public review.
I appreciate the courtesy and assistance extended Mrs. Schneider during the meeting with your staff.
I would appreciate your review of these recommendations and your comments on them.
Sincerely.
-UQ 4AA G. Wayne Kerr, Director Office of State Programs i
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Enclosures:
As stated l
l cc:
G. Thomas J. Beare, M.D.
S. Reed T. Strong N. Kirner i
NRC Public Document Room, w/ enc 1.
State Public Document Room
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0 BACKGR00fiD SI ATEMLfif Section 274 of the Atomic Energy Act was enacted by the Congress in 1959 to recognize the State's interest in atomic energy activities, to clarify the respective responsibilities of the States and the AEC under the Act, and to provide a mechanism by which the AEC could relinquish, and the States assume, a part of the Atomic Energy Commission's regulatory authority.
Ur.de r Section 274, the Atomic Energy Commission was permitted to relinquish to the States on a State-by-State basis, certain of its authority to regulate the use of reactor-produced isotopes, the source materials uranium and thorium, and small quantities of special nuclear materials.
These materials collec-tively are referred to as agreement materials. The Act reserved certain areas to the Atomic Energy Commission, such as regulation of the construction and operation of nuclear reactors and fuel fabrication and reprocessing plants, the export and import of agreement materials, certain disposal of radioactive wastes, and distribution of items to persons exempt from licensing.
The Energy Reorganization Act of 1974 (p.L.93-438) transferred the regulatory functions of the Atomic Energy Commission to the newly formed Nuclear Regula-tory Commission (NRC).
The NRC's Office of State programs administers the Agreement State program.
Before the Comission is permitted to relinquish regulatory authority to a
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State under the Act, the Governor must certify that the State has a regulatory i
program that is adequate to protect the public health and safety. The Commission must fina that the State's program is adequate from the health I
and safety standpoint and compatible with the Commission's program.
The Commission works closely with each State to assure that the State's program i
for regulation of agreement materials meets these requirements and that the l
State is equipped with a sufficient number of technically qualified personnel to administer the regulatory program.
Washington became an Agreement State when a Section 274 agreement between the Comission and the State of Washington became effective on December 31, j
1966. At present there are twenty.-six Agreement States.
I Since the beginning of the Commission / Agreement State program, a system of post-agreement relationships with the States has been developed to promote continuing compatibility and adequacy by periodically reviewing and evaluating the capabilities of the State to protect the public health and safety.
The periodic reviews of State regulatory programs for control of agreement materials cover the principal administrative and technical aspects of radiation control program. An in-depth examination is made of the program's funding, licensing, compliance and enforcement activities, personnel resources, emergency response capabilities, and the status of the State's radiation control regulations.
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