ML20149E058
| ML20149E058 | |
| Person / Time | |
|---|---|
| Issue date: | 01/04/1988 |
| From: | Kammerer C NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA) |
| To: | Kirk P NORTH CAROLINA, STATE OF |
| References | |
| NUDOCS 8801130209 | |
| Download: ML20149E058 (5) | |
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JAN 0 41988 s
ifr. Phillip J. Kirk, Jr., Secretary Department of Human Resources.
Albemarle Building 325 North Salisburg Street Raleigh, North Carolina 27611 1
Dear fir. Kirk:
This is to confirm the discussion Mr. Richard L. Woodruff, 4RC State Agreements Representative, held on November 20, 1987, with Mr. John Seria, and
!!essrs. I. D. Wilkerson, Jr. and Dayne H. Brown following our review of the State's radiaticn control program.
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As a result of our review of the State's program and the routine exchange of
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information between the Nuclear Regulatory Comission and the State of North Carolina, the staff believes that the North Carolina program for regulation of agreenent materials is adequate to protect the public health and safety and is compatible with the Comission's program. However, the staff has noted areas where inprovenents are needed (see enclosure 1). These coments were discussed with Mr. Brown and his staff during our exit meeting with him, tir. Brown was advised at the time that a response to these findings would be requested by i
this office and you may wish to have Hr. Brown address these coments.
An explanation of our policies and practices for reviewing Agreement State programs is attached as Enclosure 2.
Also, a copy of this letter is included for placement in the State Public Documnt Room or otherwise to be made available for public review.
On April 12., 1987, NRC reorganized its staff. The State Agreenent Program is now a part of the new Office of Govarnmental and Public Affairs, which reports to the Cotmiistion. One purpuse of this organizational change was to provide an inproved focus for flRC relationships with the States. Our regional offices will continue tn administer and implement NRC's regulatory programs. We encourage you and your staff to continue to look to the Regional Administrator and his staff as the primary contact with NRC.
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NOC FORM 33 8 (10 80) NRCM C240 OFFICIAL RECORD COPY
'Ir. Phillip.1.
Kirk, Jr.
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JAN 0 41989
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I appreciate the courtesy and cooperation extended by your staff to Mr. Uoodruff during the revieu.
Sincerely Original Siged by Carlton Kammerer Carlton ta nc-rer, Director State,Ioral and Indian Tribe Pracrams
Enclosures:
1.
Coments and Reco mendations l
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fpplication and Guidelincs cc w/encis:
i Victor Stello, Executive Director for Operations, !!RC J. t'cison Grace, Regional Ad:qinistrator, RT!
I. O. Milkerson.1r., Director Division of Facility Services Dayne 11. Brown, Chief Radiation Prctection Section
!!RC Public Document State Public Document Room Distribution:
SA R/F Dir R/F R. L. Wood ruff
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12 NRC FORM 318 (10 80) NRCM O24
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OFFICIAL RECORD COPY
t ENCLOSURE 1 COMMENTS AND RECOMMENDATIONS ON TECHNICAL ASPECTS OF THE NORTH CAROLINA RADIATION CONTROL PROGRAM FOR AGREEMENT MATERIALS I. LEGISLATION AND REGULATIONS Status of Regulations-is a Category I InJicator. The following minor comment with our recommendation is made.
Comment The State should adopt regulations to maintain a high degree of compatibility and uniformity with the NRC regulations.
A.
North Carolina regulations "10 NCAC 3G.2402; Exemptions for Source Material" should be amended to reflect the "elimination of exemption for glass enamel frit" wording that was adopted by NRC on September 11, 1984, in 10 CFR 40.13(c)(2)(iv). We noted that the State draf ted the rule change in September of 1986; however, this proposed rule was never adopted by the North Carolina Radiation Protection Commission.
B.
The State regulations "10 NCAC 3G.2214; Transport Grouping of Radionuclides" are in need of re/ision to reflect the "Al - A2" system found in 10 CFR 71, Appendix A.
Recommendations We recommended that these rule changes be submitted for approval by the North Carolina Radiation Protection Commission as soon as possible.
II. LICENSING Licensing Procedures is a Category II Indicator. The following comment with our recommendation is made.
Comment More information is needed in some license applications to sietermine if iodine-131 is being used in a liquid form, and in quantities suggesting the need for worker bioassays. Also, the use of therapeutic ( 'ounts of phosphorus-32 by one licensee would indicate the need for bioassays.
Recommendation We recommend that additional information be obtained from medical applicants to determine the need for a bioassay progrim.
NRC Regulatory Guide 8.20, "Applications of Bioassay for I-125 and I 131" should be used as guidance.
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2 III. COMPLIANCE Inspection Reports is a Category II indicator. The folicwing comment is made with our recommendation.
Comment A.
In general the narrative statements in the reports should provide more specific details of what was inspected and the results (e.g.
persons interviewed, facilities or rooms visited, specific records i
reviewed and sampled, and procedures reviewed).
B.
In some reports, more details were needed to describe the confirmatory surveys performed and/or the results. Some reports did not specifically identify the inspector's survey equipment.
Reconmendations We recommended that steps be taken to assure that the narrative statements in insnection reports adequately describe what was inspected and the results, including details of the confirmatory surveys and identification of the survey equipmert used by the inspector.
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t' ENCLOSURE 2 APFLICATION OF "GUIDELINES FOR NRC REVIEW 0F AGREEMENT STATE RADIATION CONTROL PROGRAMS" The "Guidelines for NRC Review of Agreement State radiation Control Programs,"
were published in the Federal Register on June 4,1987, as an NRC Policy Statement. The Guide provides 29 indicators for evaluating Agreement State program areas. Guidance as to their relative importance to an Agrecnent State program is provided by categorizing the Indicators into two categories.
Category 1 indicators address program functions which directly relate to the State's ability to protect the public health and safety.
If significant problems exist in one or mere Category I indicator areas, then the need for improvements may be critical.
Categury II indicators address program functions which provide essential technical and administrative support for the primary program functions. Good performance in meeting the guidelines for these indicators is er.sential in order to avoid the development of problems in one or more of the principal program areas, i.e., those that fall under Category I indicetors. Category II indicators frequently can be used to identify underlying uroblems that are causing, or contributing to, difficulties in Category I indicators.
It is the NRC's intention to use these categories in the following manner.
In reporting findings to state management, the NRC will indicate the category of each comment made.
If no significant Category I comments are provided, this will indicate chat the program is adequate to protect the public health and safety and is compatible with the NRC's program.
If one or more significant Category I cocinents are provided, the State will be notified that the program deficiencies may seriously affect the State's ability to protect the public health and safety and that the need of improvement in particular prog:am areas is critical.
If, following receipt and evaluation, the State's response appears satisfactory in addressing the significant Category I comments, the staff may offer findings of adequacy and compatibility as appropriate or defer such offering until the State's actions are examined and their effectiveness confirmed in a subsequent review.
If additional ir: formation is needed to evaluate the State's actions, the staff may request the infonnation through follow-up correspondence or perform follow-up or special, limited review.
NRC staff may hold a special meeting with appropriate State representatives. No significant items will be left unresolved over a prolonged period. The Counission will be informed of the results of the reviews of the individJal Agreement State programs and copies of the reviw correspondence to the States will be placed in the NRC Public Docun: ant Room.
If the State program does not improve or if additional significant Category I deficiencies have developed, a staff finding that the program is not adequate will be considered and the NRC may institute proceedings to suspend or revoke all or part of the Agreement in accordance with Section 274j of the Act.
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