ML20126E162
| ML20126E162 | |
| Person / Time | |
|---|---|
| Issue date: | 12/22/1992 |
| From: | Woodruff R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Miller V NRC OFFICE OF STATE PROGRAMS (OSP) |
| References | |
| NUDOCS 9212290032 | |
| Download: ML20126E162 (11) | |
Text
{{#Wiki_filter:' D x $~ p' December 22, 1992 ' MEMORANDUM FOR: Vandy L. Miller, Assistant Director for State Agreements Program, Office of State Programs FROM: Richard L. Woodruff, Regional Agreement State Officer
SUBJECT:
NORTH CAROLINA REVIEW VISIT Visit Date: . December 9-11, 1992 Last Review Date: November 22, 1991 Next Review Date: November 1993 Scope of Visit A mid review meeting (visit) was held with personnel responsible for' the North - Carolina Radiation-Control program on December 9-ll, 1992. The visit -consisted of a follow-up on the status of NRC comments dated January 15, 1992, to the State following our 1991 program review; and the status.of reviewer selected Program Elements and Indicators derived from observations made during the visit and discussions with program management and program staff. The following persons were contacted during the meeting: Dayne H. Brown-Chief, Radiation Protection Services,- Richard M. fry Deputy Chief, Radiation Protection Services-Robin Haden Health Physics Supervisor, Materials Section Edward Burt Project Coordinator, Low Level Radioactive Waste Section (LLRW)- Wendy Tingle. Health Physicist, Materials Section Jeffrey Buaron Health Physicist, Materials Section David Lee Health Physicist, Radiation Protection Service'sL Patrick Watters Environmental Engineer, LLRW Section David Bryan-Environmental Engineer, LLRW;Section Michael Rogers. Environmental Engineer, LLRWlSection Thomas Giroux Environmental Engineer, LLRW Section James Albright-Health Physicist,: LLRW Section 9212290032:921222 PDR STPRO ESGNC- \\ PDR 5po[
.c 4-2 Status of Comments To William W. Cobey dated January 15, 1992 1. Status and Compatibility of Regulations is a Category I indicator. Comment Regulations that are deemed a matter of compatibility by NRC should be-adopted-by the State as soon as practicable, but no later. than three years after their adoption by NRC. The " Financial Assurance.and Recordkeeping for Decommissioning" rule (10 CFR 30.35 and 30.36), has not been adopted by the State within the three year time-frame.- In addition, the NRC has adopted several other rules that were deemed a matter of compatibility by the Commission. These rules are identified as: (1) " Emergency planning", 10 CFR 30.32(i), that was adopted on April 7,1989; (2) " Safety requirements for. Radiographic Equipment", 10 CFR 34.-, that were' adopted on January 10, 1991; and (3) the "new" 10 CFR Part 20, that was adopted on May 21, 1991. The State has published equivalent rules on " Financial Assurance and Decommissioning", " Emergency Planning", and " Safety Requirements for Radiographic Equipment", and the projected effective date for adoption of this rule " package" is May 1, 1992. In addition, program management related that work had begun on the "new" Part 20 amendment, which the State projects will become effective about May of 1993. Because of these actions, the staff gave a finding of compatibility, contingent upon the adoption of the " Financial Assurance and Recordkeeping for Decommissioning" rule. Recommendation We recommend that the State adopt all of the rules that are needed for compatibility as soon as practical. State Response The State replied that the " Financial Assurance and Recordkeeping._for Decommissioning", rules 15A NCAC 11.0339,.0353,'and.0354, were adopted and the rules became effective on May 1, 1992. Also, the " Emergency Planning" rule,15A NCAC 11.0352, would become effective on or about.0ctober 1-, 1992. Current' Status The State's proposed rule' changes became effective on schedule and the State's ' regulations _ are compatible with the NRC regulations up-to the " Safety requirements for radiographic Equipment" (55 FR 843) amendment: that will be needed_by January-10, 1994. The State has published regulations for adoption on " Licenses For Disposal Site Access", 15A-NCAC 11.1501, that is scheduled for approval
3 at the next board meeting and to become effective in May of 1993. The State has developed regulations equivalent to the NRC Part 20 regulations and the rules will be published as proposed rules on. December 15, 1992, a public hearing is scheduled for-January 14, 1993, the public comment period will expire on January 31, 1993, submitted to the board for final approval in February of 1993, and scheduled to become effective in May of 1993. The staff is in the process of developing the rule changes needed for " Safety Requirements for Radiographic equipment", 10 CFR 34 (55 FR 843)- amendments that are needed by January 10, 1994. Other rules that are needed for cumpatibility are as follows: o " Notification of incidents",10 CFR parts 20, 30, 31, 34, 39,-40, and 70, amendments (56 FR 40757) are needed by October 15, 1994. o " Quality management Program and Misadministration",-10 CFR 35 (56 FR 34104) amendment is needed by January 25, 1995. This comment and recommendation is closed for the previous review. 2. Staffing Level is a Category II Indicator. Comment The professional (technical) staffing level should be approximately 1-1.5 person years per 100 licenses, in the materials program. The State currently has approximately 1.1 technical-staff persons -per 100 licenses. However, the. technical supervisor'is expected to retire on January 1,1992, and another technical staff person has resigned effective in December of 1991. We believe these' technical positions 1are critical to the proper operation of the-program, and we understar.d 'that the State plans on filling these positions. Recommendation We recommend that the-State fill these positions as soon-as possible. State Response The State related.that the vacant positions would be ' filled. Current Status The' Materials Supervisor position and the vaca'nt staff position were-filled. Since-that time, the State has added'one additional staff position to the Materials Section, and another-position became vacant. Persons have been interviewed for these positions and the Personnel Office is expected to approve the selections sometime this month.
~ 4 This comment is closed for the 1991 review. 3. Management is a Category 11 Indicator. Comment Complex licenses and projects should receive second party review. The Division of Radiation Protection has recognized the importance of the linkage between the low-level waste site characterization activities and the other aspects of the facility licensing process, including facility design, source term, and (specifically) performance assessment. The Division has requested proposals for contractual assistance in the-- review of the characterization plans as related to performance assessment. The NRC also considers the procurement of such assistance to be important. The site characterization data will be integral to the performance assessment analyses. Recommendation We recommend that the State follow through with securing a contractor, based upon technical capabilities, to analyze data necessary for performance assessment. State Response The State related that a contract with a company having the proper credentials and meeting the project's specifications was being pursued. Current Status The State followed through with their plans-to secure a contractor having the technical capabilities to analyze data necessary for. the performance assessment activities. The State entered into a contract with ERM, Southeast, Inc., Brentwood, Tennessee on March 1, 1992. The contract (T-2001) _is for Performance Assessment Analysis Review (Phase I) for_ t1e LLRW Disposal Project. The contract was to begin on March 3, 1992 ana' end on June 30, 1993. The purpose of the contract is to assist the Division of Radiation Protection-in the review of Performance Assessment Analysis for the Low-level Waste-Facility Project. This-comment and recommendation is closed. J 4. Administrative Procedures is a Category II Indicator, Comment The Program should establish written internal-procedures to assure that the staff performs its duties as requiped and to provide a high degree of uniformity and continuity in regulatory practices. -The State adopted legislation that will permit the Radiation Control-Program to protect certain confidential information. Internal procedures are needed to define the type of information that must be protected, and to establish a system for uniform collection, storage, and maintenance of protected 1 -n-,--. _-7._,
1 4 'S information, and in accordance with the State statutes. Recommendation We recommend that the State develop internal procedures for the collection, storage, and maintenance of confidential information, and in accordance with-the State statutes. Sigte Respons3 The State related that procedures would be developed for the maintenance of confidential information. Current Status The State developed and implemented a system for the collection, storage, filing, and maintenance of confidential information. This comment and recommendation is closed. Status of Selected Program Elements and Indicators The following program changes are provided as-an. update to the Status of some of the Program Elements and Indicators, and were obtained _from discussions with Program staff, observations, and the review of documents as appropriate. A. Status and Compatibility of Requlations The State regulations are compatible with NRC regulations through the " Emergency Planning" 10 CFR Parts 30, 40, and 70 (54 FR 10051) amendments that became effective on April'7, 1990. (See comment number-1 above.) 8. Organization There has been no major change in the organizational structure of the-Radiation Protection Services, or the relationship with the Department. However, some changes are anticipated in'the managerial positions at the : Department level due to the 1992 elections. Additional technical' staff have been added to the RPS and a new Organizational Chart is enclosed-as
Enclosure:
1. C. Personnel Twa new staff Health Physicists have been added to the Materials staff, Ms. Windy Tingle and Mr. (Jeff) Buaron. These new personnel meet the NRC policy criteria qualifications and the State's job description qualifications. The Program has 'two additional technical staff vacancies, interviews 'have been held,s and selections have been sent to 'the Personnel Department for confirmation. The positions are expected to be approved prior to the end of December of.1992. '1 q , ~, _
6 D. Salaries. There have been no changes in the salary structure; however, all State personnel received a salary increase effective July 1,1992. The new salary ranges are as follows: Radiation Protection Services Chief $ 42,490 - 69,262 Deputy Chief 37,046 - 60,251 Health Physics Supervisor 32,339 - 52,414 Health Physicist 28,310 - 45,625 Environmental Engineer I 29,534 - 47,771 Environmental Engineer II 32,339 - 52,414 Environmental Rad. Specialist 28,310 - 45,625 Environmental Rad. Technologist 22,926 - 36,340 Radiological Health Specialist 24,910 - 39,822 E. Budget. A revised budget for FY 92 (July 1, 1992 to June 30, 1993) was received and provided as follows: State Appropriations $1,794,558 Fees 649,490 Federal Grants and Contracts NRC 37,386 EPA 86,000 CDC 30,250 HCFA 56,529 Prior Year carry over 19,850 Total $2,674,063 Approximately 157. of the above is allocated for the Materials program and about 30 7. is allocated for the LLRW program. It was estimated that about 1/3 of the Materials budget comes from license fees. F. Staffino level. The State now has five full time technical personnci in the Radioactive Materials Program to regulate 556 licenses. This is equivalent to 1.0 persons per 100 licenses. Two additional positions are in the process of being filled. (See comment number 2 above.) G. Licensing Procedures. Standard licensing procedures are being followed. The " major license" listing was updated. The State appears to be current on their licensing workload. The State related that two " pool type" mega-curie irradiator applications had been received. The supervisor discussed the applications briefly and also related that technical assistance may be requested on the applications. The reviewer requested that NRC be kept informed on the progress of the licensing process and expressed an interest in accompanying an inspector to the facility during the initial source loading and operational safety checks. H. Compliance. The status of the inspection program appears to fluctuate from month to month depending upon the availability of trained inspectors. However, the State does not have a backlog that is in excess of the NRC policy guidance and the State appears to manage tneir i
3; 1 7 technical resources very-effectively. 1. _ Inspectors Performance'and Capability An inspector accompaniment was conducted 'on December 9,1992 with Ms.: o t Windy Tingle, Health Physicist, at a North Carolina licensed portable gauge facility as follows: S&ME, Incorporated 3100 Spring Forest Road Raleigh, NC License No. 092-922-4 Issued: March 27,1992 Type: Portable Gauges The inspector was found to be fully prep sd and qualified to perform the inspections in accordance with the job description and State procedures. J. Response to incidents and Alleged incidents The program has responded well to incidents since the last revie and incident reports'are being provided to NRC on a timely basis. K. Low Level Waste Pro.iect The status of the LLW project was reviewed and updated during the review. A copy of the Project's management review plan was received and copies were sent by the State directly-to the OSP for. technical assistance. (See comment number 3 above for additional' details.) Management Discussions An informal exit meeting was held with Mr. Brown and'Mr.- Fry-on Fr_iday morning. We discussed the program in _ general, staffing, rescue ces, adoption-of regulations, and the status of old burial sites that were authorized under (10 CFR 20.304) equivalent State regulations._ Mr. Brown emphasized that the adoption of regulations was becoming increasingly more difficult because the program did not have people that could be dedicated specifically to the revision of regulations. He. requested that new regulations be provided to him in a word processing format at the earliest' time possible. Conclusion Based upon this visit and the previous review, it_is recommended that the next full review be conducted in November of 1993~. Richard L. Woodruff a Regional State Agreements Officer
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Enclosures:
- 1. Organization Chart cc w/encis:._
- Stewart D. Ebneter, Regiona1' Administrator NRC, Region 11
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Enclosures:
1. Organization Chart cc w/encls: Stewart D. Ebneter, Regional Administrator NRC, Region 11 tice w/encls: R. E. Trojanowski, Region 11 Document Control Desk (SP01) Ril:0RA f," e.br %.J c l W [I:RA RI x y, usa xi s.me-t RLWoodru f SDEbneter 12/21/92 12/ /92 l l
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Enclosures:
1. Organization Chart cc w/encls: Stewart D. Ebneter, Regional Administrator NRC, Region 11 bcc w/encls: R. E. Trojanowski, Region II Document Control Desk (SP01) Ril:0 RI,I RLWoodruff SDEb'n'et(r 12/21/92 .At[2l /92 -___._____-__-.______.__.__._---_---____.__.--._-__-_-----_---_--___.______------______--_.-___.______.-____x_.__.------_.---__.___._
Office Assistant IV Rad. Prot. Services Chief Department of Envirorenent, Health, VACA%f Brown, D. RFlistion Protection and Natural Resources 17027, Gr. 59 17001, Gr. 81 Decenter 1,1992 Page 1 of 1 CLASS 1FICATION TITLES. Health Physicist Rd. Prot. Ser. Dep. Chief-Rad. Emerg. Coordinator Lee, D. Fry, (Met) James, J. 17018, Cr. 72 17500, Gr. 78
- 17025, Gr. 72 Processing Assistant V Accounting Technician II shackleford, W.
Napowsa, (Pat) 17002, Gr. 61 17505, Gr. 61
- I I
I LL Rad. Waste Project Coord Environmental Red. Stoerv. Health Physics Supervisor Radiation Health Supervisor Burt, (Ed) Fong, (Felix) Haden, J. (Robin) Watkins, L. 17021, Gr. 74T 17008, Gr. 75 17012, Gr. 75 17009, Gr. 72 1 Environmental Engineer I Clerk Typist III Clerk Typist III Radiological Health Spec. Radiological Health Spec. Witters, J. (Patrick) Pope, S. VACANT Hall, B. Johnson, W. 17022, Gr. 73 17006, Gr. 57 17016, Gr. 57 17014, Gr. 69 17015, Gr. 69 Environmental Engineer ! Enviromental Rad. Spec. Clerk Typist III Medical Rev. Spec-Mamo Radiological Health spec. Bryan, D. Dusenbury, B. (Date) Daveroort, (Seki) VACANT Mann, (Dan) 17023, Gr. 73 17004, Gr. 72 17509, Gr. 57
- 17513, Gr. TOT "
17011, Gr. 69 Clerk Typist III Enviromental Red. Spec. Health Physicist Medical Rev. Spec-Mamo Radiolo4Icel Health Spec. ' Dusenbury, (Kist) Velazquez, K. Tingle, V. VACANT Jackson, L. 17024, Gr. 57 17020, Gr. 72 17003, Gr. 72 17514 Gr. 70T ** 17013, Gr. 69 Enviromental Engineer II Environmental Red. Tech. Health Physicist Clerk Typist 111 Radiological Health Spec. Rogers, (Mike) Fidalgo, (Chris) Howell, D. Coats, J. Poole, (Bonnie) 17026, Gr. 75 17007, Gr. 67 17005, Gr. 72-17017, Gr. 57 17502, Gr. 69
- Enviromental Engineer I Er vironmental Red. Tech.
Health Physicist Clerk Typist III lRadiologicalHealthSpec. Giroux, Thomas ' Withrow, L. Buaron, (Jeff) Wittlems, (Toni) Midvette, (Ben). 17028, Gr. 73 17010, Gr. 67 17019, Gr. 72 17504, Gr. 57
- 17503, Gr. 69
- Health Physicist Health Physicist Clerk Typist III Radiological Health Spec.
Albright, Jaraes VACANT Ferrett, P. Smith, (Tom) 17030, Gr. 72 17029, Gr. T2 17508, Gr. 57
- 17507, Gr. 69
- Health Physicist Radiological Health Spec.
VACANT Jernigan, V. 17501, Gr. 72
- 17511, Gr. 69
- W Dayd H. Brown, Director Health Physicist Radiological Health Spec Mitts, G.
Smith, L.
- License and registration fee supported positions 17510, Gr. 72
- 17512, Gr. 69 *
- Grant supported positions
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