ML20002C137
| ML20002C137 | |
| Person / Time | |
|---|---|
| Issue date: | 11/17/1980 |
| From: | Kerr G NRC OFFICE OF STATE PROGRAMS (OSP) |
| To: | Bernstein R TEXAS, STATE OF |
| Shared Package | |
| ML20002C138 | List: |
| References | |
| NUDOCS 8101090328 | |
| Download: ML20002C137 (3) | |
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NOV 171980 59 Robert Bernstein, M.D., Commissioner Texas Department of Health c2 1100 West 49th Street
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Dear Dr. Bernstein:
This confirms the discussion Mr. Lubenau held on October 24, 1980 with you and Messrs. Herzik, Cochran and lacker, following our partial review of the Texas radiation control program. The review covered the principal administrative and technical aspects of the Department's program including organization, management, personnel, regulations, licensing, inspection and Texas' regulatory program for the Todd radwaste site in Galveston, Texas.
Field accompaniments of two State inspectors were also conducted during the review.
The review did not include coverage of Texas' regulatory program for uranium mills. This aspect of the Texas radiation control program will be covered later this year.
I wish to acknowledge your letter of September 29, 1980 concerning Texas' implementation of the provisions of the Uranium Mill Tailings Radiation Control Act of 1978 (UMTRCA-78) as amended.
It is currently under review by NRC staff.
We plan to inform you of the staff's recommendations concerning adequacy and compatibility of the Texas radiation control program after review of the Texas regulatory program for uranium mills.
In the interim, however, the following coments and recomendations for improvement are offered.
In previous program reviews, we have commented on the need for additional i
professional staff. We believe it is imperative that additional staff be found now for the present radioactive materials program. Excluding the effort for uranium mills, the current staffing level is below our guide-line of 1.0 to 1.5 person-years per 100 licenses..This guideline does not include effort for administering major and complex licensed activities such as uranium mills. Staffing deficiencies, coupled with staff turnover and the need for greater staff effort at Todd have affected productivity and licensing quality. The inspection backlog has sharply increased from 87 in 1979 to 359 in 1980.
(Texas' inspection priority system calls for inspections more frequently than NRC's, but we recommend adhering to your present priority system, if possible). A backlog exists in some segments of licensing and our review of license files showed there are areas where improvements can be made which will require greater care, attention (and time) of the reviewers to accomplish.
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Robert Bernstein, M.D. Although the Texas regulatory program for mills will be reviewed later this year, it is appropriate to call your attention to the need to act now to obtain additional staff to enable you to implement UMTRCAi78. We fully support your efforts to seek emergency appropriations for FY 1981 for this purpose.
We also took note of the TENRAC policy resoUtion concerning establishment of a low-level waste burial site in Texas. We urge that planning begin now to identify staffing needs to enable effective regulation of any proposed site by the Texas Department of Health. We will be pleased to work with you to identify these needs.
l While staffing for the radioactive materials program is of paramount importance, I wish to also bring other personnel matters to your attentien:
1.
While staff turnover was, overall, not excessive, in the last two years, two supervisors and a senior member have departed.
According to staff, significant salary differentials were factors in their leaving.
2.
We found, in this review, that opportunities for staff to move i
frem junior to senior level positions were not available unless a vacancy occurred or the individual occupied a previously downgraded position.
3.
We were pleased to learn that job descriptions more directly applicable to the radiation control program are being developed.
While our guideline for staff qualifications provides for either a bachelor's degree or equivalent training, we believe it is highly desirable for personnel to have degrees.
We were pleased to learn of the presence and availability of legal counsel in the radiation control program and that she was able to attend the uranium mill and All Agreement State meetings in Atlanta in October,1980.
We understand that draf t legislation for UMTRCA-78 is being prepared and will contain provisions for fees and civil penalties for all types of licensees. We endorse your efforts to seek these authorities.
I would like to express our appreciation for the availability of Mr. Bailey to an NRC special study group cn industrial radiography. The group has as its purpose the identification and formulation of new regulatory pro-grams to improve control of the problems of industrial radiography over-The States have been participating extensively in this effort I
exposures.
l and Mr. Bailey's contributions have be3n much valued.
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Robert Bernstein, M.D. A copy of the letter to Mr. Lacker regarding the technical aspects of the program is enclosed for your information.
I am enclosing additional copies of these letters for placement in the State Public Document Room or other-wise be made available for public review.
I would appreciate your responses to the above comments.
Sincerely, O
G. Wayne Kerr, Director Office of State Programs
Enclosure:
Letter to David K. Lacker cc: Mr. G. Herzik, w/ encl.
fir. D. Lacker, w/ encl.
NRC Public Document Room, w/ encl.
State Public Document Room, w/ encl.
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