ML20149F731

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Forwards Final Minutes of Colorado Mgt Review Board Meeting on 970603
ML20149F731
Person / Time
Issue date: 07/07/1997
From: Schneider K
NRC OFFICE OF STATE PROGRAMS (OSP)
To: Bangart R, Paperiello C, Thompson H
NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), NRC OFFICE OF STATE PROGRAMS (OSP), NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
References
NUDOCS 9707220280
Download: ML20149F731 (7)


Text

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l 'Y' f401~.0.71997; MEMORANDUM TO: Man gtm::nt Rsvinw Borrd M:mb:rs;

! Hugh Thompson, OEDO Richard Bangart, OSP Carl Paperiello, NMSS Karen Cyr, OGC Frank Congel, AEOD agg g ,

FROM:

K.U. f#hneidar Kathleen N. Schneider, Senior Project Manager Office of State Programs

SUBJECT:

FINAL MINUTES: COLORADO JUNE 3,1997 MRB MEETING Attached are the final minutes of the Management Review Board (MRB) meeting held on June 3,1997. If you have any questions, please contact me at 301-415-2320, or Lance Hakovan at 301-415-2589.

Attachment:

As stated cc: Robert Quillin, CO Richard Ratliff, TX 1

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RBangart MKnapp, NMSS JThoma, OEDO PLohaus SMoore, NMSS FCombs, NMSS JHornor, RIV CMau,oin, OSP FCongel, AEOD LBolling, OSP DSimpson, CO JJacobi, CO l JCook, RIV Colorado File KCyr, OGC

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! DOCUMENT NAME: G:\LJR\COMRB. MIN To r.c.iv. . .opy of thi. docum.nt, indic.t. in in. bo : c - copy without .tt.cnment/.nciosur. r - copy wrth .tt.chment/enclosur. N = No copy l

! OFFICE OSP , OSP l NAME LRakovan:nb1 KSchneider K WJ DATE 07/ 7 /97 , 0?Q/97 SP FILE CODE: SP-AG-b gPj[M Obsgg gr g

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.. MEMORANDUM TO: Managtm:nt Rsvisw Board M;mb:rs:

i Hugh Thompson, OEDO.

Richard Bangart, OSP Carl Paperiello, NMSS Karen Cyr, OGC ank Congel, AEOD o,3133 7,gmd ,,,,,

K. T'. Orbneido:-

FROM: Kathleen N. Schneider, Senior Project Manager Office of State Programs  ;

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SUBJECT:

FINAL MINUTES: COLORADO JUNE 3,1997 MRB MEETING l

Attached are the final minutes of the Management Review Board (MRB) meeting I

held on June 3,1997. If you have any questions, please contact me at 301-415-2320, or Lance Rakovan at 301-415-2589.

Attachment:

As stated cc: Robert Quillin, CO Richard Ratlif 8, TX 1

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l i

Distribution:

DlR RF DCD (SP03)

SDroggitis PDR (YESf_ NO__)

RBangart MKnapp, NMSS JThoma, OEDO PLohaus SMoore, NMSS FCombs, NMSS JHornor, RIV CMaupin, OSP FCongel, AEOD LBolling, OSP DSimpson, CO JJacobi, CO l JCook, RIV Colorado File KCyr, OGC DOCUMENT NAME: G:\LJR\COMRB. MIN T3,eceive a copy of this document. Indicate in the boa: "C" = Copy without attachment / enclosure 'E' = Copy with attachment / enclosure "N" = No copy OFFICE OSP , l OSP l l l NAME LRakovan:nb '4- KSchneider f i'V DATE 07/ 7/97 07/1 /97 OSP FILE CODE: SP AG-b

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MEMORANDUM TO: Management Review Board Members:

Hugh Thompson, OEDO j Richard Bangart, OSP Carl Paperiello, NMSS Karen Cyr, OGC Frank Oongel, AEOD l buvh.*e/wuQ' l FROM: Kathleen N. Schneider, Senior Project Manager j Office of State Programs i l

SUBJECT:

FINAL MINUTES: COLORADO JUNE 3,1997 MRB MEETING '

Attached are the final minutes of the Management Review Board (MRB) meeting )

held on June 3,1997. If you have any questions, please contact me at 301-415 2320, or Lance Rakovan at 301-415 2589.

Attachment:

As stated cc: Robert Quillin, CO Richard Ratliff, TX l l

i l

l

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l MINUTES: MANAGEMENT REVIEW BOARD MEETING OF JUNE 3.1997 L

These minutes are presen+ d in the same general order as the items were discussed in the i meeting. ~ The attendees were as follows:

Richard BangartiOSP . Frank Congel, AEOD l Malcolm Knapp, NMSS - Frederick Combs, NMSS l Karen Cyr, OGC Jack Hornor, RIV l_

John Thoma, OEDO Cardelia Maupin, OSP Paul Lohaus, OSP Kathleen Schneider, OSP Lance Rakovan, OSP Lloyd Bolling, OSP l

Scott Moore, NMSS Robert Quillin, CO By phone:

Richard Ratliff, TX Jacob Jacobi, CO Donald Simpson, CO Jacqueline Cook, RIV '

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1. Convention. Richard Bangart, Acting Chair of the Managen1ent Review Board

! (MRB), convened the meeting at 1:10 p.m. Introductions of the attendees were conducted.  ;

2. New Business. Colorado' Review introduction. Mr. Jack Hornor, Region IV, RSAO, led the integrated Materials Performance Evaluation Program (IMPEP) team for the Colorado review, Mr. Hornor discussed how the review was conducted. Preliminary work included l review of Colorado's response to the IMPEP questionnaire. The onsite review was conducted March 10-14,1997. The onsite review included an entrance interview, detailed audits of a representative sample of licensing and inspection files, and follow-up discussions with staff and management. The onsite portion of the review concluded with exit briefings with Colorado management. Following the review, the team issued a draft report on April 10,1997; received Colorado's comment letter dated April 29,1997; and submitted a proposed final report to the MRB on May 23, 1997. Mr. Hornor noted that all findings from the previous review were closed.

Common Performance indicators. Mr. Hornor discussed the findings for the common performance indicator, Status of the Materials inspection Program. His presentation corresponded to Section 3.1 of the IMPEP report. The review team l- found Colorado's performance with respect to this indicator " satisfactory," and l

made two recommendations: one regarding frequency of HDR brachytherapy l license inspections, and the second regarding reciprocity inspections, as documented in the report. The MRB discussed the status of the All Agreement l

, States Letter on MC 1220. OSP plans on issuing this letter by the end of June.

l The MRB discussed the recommendation involving frequency of HDR inspections

! and questioned Mr. Quillin on the reasons HDR licensees were inspected annually.

While discussing the inspection frequencies of gamma knife licensees, Mr. Quillin l

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commented that problems with a specific licensee led to the annual inspection

. frequency for gamma knife licensees. The MRB reached consensus that Colorado's . ,

performance met the standard for a " satisfactory" rating for this indicator. .

. Mr. Hornor~ presented the findings regarding the common performance indicator,

{ -Technical Staffing and Training. His presentation corresponded to Section 3.2 of i the IMPEP report. Mr. Hornor reported that the IMPEP review team found that Colorado's performance with respect to the indicator to be " satisfactory." One '

recommendation was made pertaining to this indicator. The MRB, Mr. Quillin, and i the IMPEP team discussed training and qualifications of inspectors conducting i i inspections independently. Following this discussion, the MRB concluded that  ;

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j Colorado's performance met the standard for a " satisfactory" rating for this indicator.

j l' Ms. Maupin f resented the findings regarding the common performance indicator, i Technical Quality of Licensing Actions. She summarized the findings in Section 3.3

!' of the report, where the review team found Colorado's licensing actions to be ,

i generally thorough, complete, consistent, and of acceptable quality with health and I

safety issues properly addressed. The IMPEP team found Colorado's performance j j to be " satisfactory" for this indicator, and made two suggestions, as documented in j
the report. Ms. Maupin noted thr ' the State requested that the suggestion
involving inconsistent welllogging license documents be removed from the report, i yet the team decided to keep the suggestion due to the license inconsistencies.

!- The MRB discussed with the review team license inconsistencies and omissions j found in Colorado licenses, and their impact on the program in general. The MRB l did not direct the IMPEP team to remove the suggestion about welllogging '

licensees. Following this discussion, the MRB reached consensus that Colorado's ,

performance met the standard for a " satisfactory" rating for this indicator. I Mr. Hornor discussed the findings for the common performance indicator, Technical Quality of Inspections, which are summarized in Section 3.4 of the report. The team found that Colorado's performance on this indicator was "satisf actory," and  ;

made four recommendations and one suggestion, as documented in the report. The MRB and the IMPEP team discussed the suggestion involving u'nannounced inspections, including questions on the effectiveness of announced and unannounced inspections. The MRB then questioned the IMPEP team and Mr. Quillin about the use of RCD 59 short form, and any matters that are not addressed due to the use of the short form. Following this discussion, the MRB directed that the recommendation involving the short form be changed to a suggestion. The MRB reached consensus that Colorado's performance met the -

standard for a " satisfactory" rating for this indicator.

The common performance indicator, Response to incidents and Allegations, was the final common performance indicator discussed. Mr. Hornor led the discussion in this area. As discussed in Section 3.5 of the report, the team found Colorado's performance relative to this indicator to be " satisfactory" and made two recommendations, as documented in the proposed final report. The MRB had no

I. 3 comments, and agreed that Colorado's performance met the standard for a

" satisfactory" rating for this indicator. ,

1 Non Common Performance Indicators. Mr. Hornor led the discussion of the non- j common indicator, Legislation and Regulations, which summarized Section 4.1 of i the report. The draft IMPEP report recommended that the finding for this indicator I be deferred until NRC completed compatibility reviews of Colorado rules not previously evaluated. NRC completed review of the Colorado rules submitted on l March 27,1997 and by letter dated May 29,1997 transmitted comments to the State. Based on these comments, the team found Colorado's performance relative  :

to this indicator to be " unsatisfactory" due to three rules adopted by the State

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which are not compatible with equivalent NRC regulations. The team made two  ;

t recommendations, as documented in the report. Mr. Hornor commented that there j l

were still regulations necessary for compatibility, i.e., regulations corresponding to '

one section of 10 CFR 34.25 and 40 Appendix A. The MRB discussed OSP's 1 procedure for review of agreement state regulations. Mr. Quillin commented that the regulation involving uranium mills could be found in the current Colorado regulations. Mr. Ouillin indicated that Colorado would use a legally binding requirement, i.e., license condition, until the revision corresponding to .

10 CFR 34.25.was promulgated as final. The other four items were discussed with

. i additional information from the State as to their status, and were not considered to create conflicts, duplications, or gaps, or other conditions that jeopardized an  ;

orderly pattern in the regulation of agreement material by the MRB. After this  !

discussion, the MRB directed that the report be revised to reflect that Colorado's i performance met the standard for a " satisfactory" rating for this indicator and that

! the IMPEP team was directed to revise the report to recommend that Colorado adopt the requirements of the missing section of 10 CFR 34.25 through legally binding requirements until the final regulations were promulgated. The MRB also directed OSP to ensure that the Colorado regulations corresponding to 10 CFR 40 Appendix A are compatible.

Mr. Hornor stated that the non-common indicator, Sealed Source and Device Evaluation Program, Vvas'found to be " satisfactory." The findings for this indicator are summarized Section 4.2 of the report. The MRB had no comment and agreed that Colorado's performance for this indicator met the standard for e " satisfactory" rating.

Mr. Hornor stated that the non common indicator, Low Level Radioactive Wasta (LLRW) Disposal Program, was not reviewed because the State is not a designated .

Host State.

The discussion on the final non-common performance indicator, Uranium Recovery Program, was led by Mr. Hornor. The findings for this indicator are summarized in l Section 4.3 of the report. The team found that Colorado's performance on this j indicator was " satisfactory," and made three recommendations, as documented in l the report. The MRB and IMPEP team discussed the appropriateness of a thirty day i time' limit for dispatching inspection findings. Mr. Quillin commented on the

! complexity of some licenses, and that past problems in this area had been resolved.

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Following this discussion, the MRB suggested that the recommendation involving the timely dispatch of inspection findings be changed to a suggestion. The MRB e reached consensus that Colorado's performance met the standard for a

" satisfactory" rating for this indicator.

3. MRB Consultation / Comments on issuance of Report. Mr. Hornor concluded, based on the discussion and direction of the MRB, that Co!orado's program was rated
" satisfactory" on all of the performance indicators. The MRB found the Colorado
program to be edequate to protect public health and safety and compatible. The
team recommended, and the MRB agreed, that the next IMPEP review for Colorado i be conducted in four years.
4. Comments from the State of Colorado. Mr. Ouillin thanked the IMPEP team for their work in the review. He commented that getting an "outside" perspective was valuable, and agreed that the IMPEP review system was an improvement over the former review system. Mr. Quillin also commented that he believes the program to be beneficial to both State programs and the NRC.
5. Old Business. Approval of the Mississippi MRB Minutes. At the completion of the New Business, the Mississippi draft MRB minut.es were offered for the MRB approval. The Mississippi draft minutes, as written, were approved as circulated with no changes.
6. Status of Remaining Reviews. Mrs. Schneider briefly reported on the status of the remaining IMPEP reviews and reports. Status charts were distributed to the MRB.
7. Adjournment. The meeting was adjourned at approximately 2:15 pm.

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