ML20198G800

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Forwards Final Minutes of MRB Meeting,For New York Dept of Labor,Held on 980901
ML20198G800
Person / Time
Issue date: 12/03/1998
From: Schneider K
NRC OFFICE OF STATE PROGRAMS (OSP)
To: Congel F, Cool D, Lohaus P, Miraglia F, Treby S
NRC, NRC OFFICE FOR ANALYSIS & EVALUATION OF OPERATIONAL DATA (AEOD), NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), NRC OFFICE OF STATE PROGRAMS (OSP), NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
NUDOCS 9812290172
Download: ML20198G800 (6)


Text

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v MEMORANDUM TO: Management Review Board Members:

DEC 0 31998 Frank J. Miraglia, Jr., DEDR Paul H. Lohaus, OSP Don A. Cool, NMSS Stuart Treby, OGC Frank Congel, AEOD FROM: Kathleen N. Schneider, Senior Project Manager Office of State Programs 0# M elrdca lLys K. I. scheido2-

SUBJECT:

FINAL MINUTES: NEW YORK DEPARTMENT OF LABOR SEPTEMBER 1,1998 MRB MEETING Attached are the final minutes of the Management Review Board (MRB) meeting held on September 1,1998. If you have any questions, please contact me at 415-2320.

Attachment:

As stated cc: Gene Miskin, NYCH Steven Gavitt, NYSH Paul Merges, NYDEC Rita Aldrich, NYDL John Spath, NYSERDA Roland Fletcher, MD Distribution:

DlR RF DCD (SP01)

SDroggitis KCyr, OGC PDR (YES/)

LRakovan MKnapp, NMSS RBangart TMartin, AEOD DWhite, RI MStephens, FL CPaperiello, NMSS JCook, RIV LCox, NC JCameron, Rlll DSollenberger, OSP FCameron, OGC AGrewe, TN gf HNewsome, OGC GDeegan, NMSS DCool/FCombs, NMSS JMcNees, AL Tj New York File (s) DBroaddus, NMSS l DOCUMENT NAME: G:\lMPEP\NY4 FIN 98.WPD l Ta receive a cop r of this document, Indicate in the box: "C" = Copy without attachment / enclosure "E" = Copy with attachment / enclosure "N" = No copy i OFFICE OSP l NAME KSchneider:nb DATE 13 8/98 OSP FILE CODE SP-AG-20; SP-AG-20-1; SP-AG-20-2; SP-AG-20-3; SP-AG-20-4 r

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..... December 3, 1998 MEMORANDUM TO: Management Review Board Members:

Frank J. Miraglia, Jr., DEDR Paul H. Lohaus, OSP Don A. Cool, NMSS Stuart Treby, OGC Frank Congel, AEOD F

FROM: Kathleen N. Schneider, Senior Project Manager 3 Office of State Programs

SUBJECT:

FINAL MINUTES: NEW YORK DEPARTMENT OF LABOR SEPTEMBER 1,1998 MRB MEETING Attached are the final minutes of the Management Review Board (MRB) meeting held on September 1,1998. If you have any questions, please contact me at 415-2320.

Attachment:

As stated cc: Gene Miskin, NYCH Steven Gavitt, NYSH Paul Merges, NYDEC ,

Rita Aldrich, NYDL  !

John Spath, NYSERDA '

Roland Fletcher, MD i

I l

l MINUTES: MANAGEMENT REVIEW BOARD MEETING OF SEPTEMBER 1.1998 i

These minutes are presented in the same general order as the items were discussed in the l meeting. The attendees were as following: l Hugh Thompson, MRB Chair, OEDO Paul Lohaus, MRB Member, OSP i Frank Congel, MRB Member, AEOD Donald Cool, MRB Member, NMSS i Stuart Treby, MRB Member, OGC Dennis Sollenberger, Team Leader, OSP )

Duncan White, Team Member, RI Rita Aldrich, NYDL Lance Rakovan, Team Member, OSP Clayton Bradt, NYDL Doug Broaddus, Team Member, NMSS Scott Moore, NMSS Gary Sandborn, OEDO Steve Baggett, NMSS Richard Bangart, OSP Kathleen Schneider, OSP By telephone: l Roland Fletcher, Agreement State Liaison, MD Jim McNees, Team Member, AL Jack Spath, NYSERDA Heidi Voelk, NYSERDA Gene Miskin, NYCH Karim Rimawi, NYSH Paul Merges, NYDEC

1. Convention. Hugh Thompson, Chair of the Management Review Board (MRB),

convened the meeting at approximately 1:00 p.m. Introductions of the attendees were conducted.

2. New Business. New York Review introduction. Mr. Dennis Sollenberger, OSP, led the Integrated Materials Performance Evaluation Program (IMPEP) team for the New York Department of Labor (NYDL) portion of the New York review.

Mr. Sollenberger noted that the MRB for New York City Department of Health (NYCH);

New York State Department of Health (NYSH); and New York State Department of Environmental Conservation (NYDEC) was held August 18,1998. He summarized the preliminary work as discussed in the August 18,1998 draft MRB minutes. The final report based on the August 18,1998 MRB was issued to New York on August 24,1998.

This MRB meeting addressed the review of the NYDL program and the remaining outstanding issue on NYCH training identified during the August 18,1998 MRB meeting.

Mr. Sollenberger noted that a final rating on adequacy and compatibility for the New York program would be decided upon by the MRB at this meeting.

Common Performance Indicators. Status of the Materials inspection Program.

Mr. White presented the findings for the common performance indicator, Status of the Materials Inspection Program. His presentation corresponded to Sections 3.1.2, of the iMPEP report.

NYDL. Mr. Rakovan reviewed this indicator during the NYDL review. The review team found NYCH's performance with respect to this indicator " satisfactory," and made one recommendation involving initial inspections, as documented in the report. NYDL discussed with the MRB the NYDL approach for scheduling initial inspections within six months which differs from the flexibility in IMC 2800. The MRB agreed that NYDL's performance met the standard for a " satisfactory" rating for this indicator.

lo Technical Quality of Inspections. Mr. White presented the findings for the performance indicator, Technical Quality of Inspections. He summarized the findings detailed in the Section 3.2.2 of the report.

NYDL Mr. McNees and Mr. White reviewed this indicator during the NYDL review. The review team found NYDL's performance to be " satisfactory" for this indicator, and made l no recommendations or suggestions. The review team identified a good practice in that I NYDL's inspection field notes and inspection correspondence are peer reviewed by one  ;

of the senior inspectors to assure consistency, thoroughness, and quality of reports. j The MRB approved the good practice and NYDL was requested to send the form for inclusion into the good practice report. The MRB agreed that NYDL's performance met  ;

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

~

j Technical Staffing and Training. Mr. Sollenberger presented the findings for the

! common performance indicator, Technical Staffing and Training. He summarized the l l findings detailed in Section 3.3.2, and revisited revised 3.3.1, of the IMPEP report. ]

Mr. Sollenberger reviewed this indicator for each New York agency.

, NYDL. The review team found NYDL's pirformance to be " satisfactory" for this l indicator, and made one recommendation and one suggestion, as documented in the proposed final report. The MRB discussed with NYDL the need to document training programs. Ms. Aldrich also discussed the impacts of recent retirements. The MRB agreed that NYDL's performance met the standard for a " satisfactory" rating for this indicator.

l NYCH. Originally, the review team found NYCH's performance to be " satisfactory with j l recommendations for improvement" for this indicator, and made two recommendations  !

l and one suggestion, as documented in the proposed final report. With the selection of l 1

Mr. Miskin, as Director, the MRB directed the team to delete the suggestion involving the vacant Bureau Director position. As noted in the August 18" MRS meeting, the MRB

, directed the team to reassess the finding for NYCH. The review team performed the l reassessment and proposed in the final report that NYCH performance to be j " satisfactory." Following this discussion, the MRB agreed that NYDL's performance j met the standard for a " satisfactory" rating for this indicator.

l Technical Quality of Licensing Actions. Mr. White presented the findings for the common performance indicator, Technical Quality of Licensing Actions. He summarized the findings in Section 3.4.2 of the report, where the review team found NYDL's licensing actions to be thorough, complete, and of acceptable quality with health and safety issues properly addressed.

NYDL. Mr. White reviewed this indicator during the NYDL review. The IMPEP team found NYDL's performance to be " satisfactory" for this indicator, and made one suggestion as documented in the report. The MRB discussed the simplified license for fixed gauges and fixed gas chromatographs. The MRB agreed that NYDL's performance met the standard for a " satisfactory" rating for this indicator.

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Response to incidents and Allegations. Mr. White presented the findings for the common performance indicator, Response to incidents and Allegations. He summarized the findings in section 3.5.2, of the report. Mr. White noted t%t each U w York agency received a recommendation to notify the NRC Operations Center within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> for all significant events and provide complete follow up documentation to NMED on all reportable events.

NYDL Mr. McNees reviewed this indicator during the NYDL review where the review team found NYDL's actions met the performance criteria for a " satisfactory" rating for this indicator and made one recommendation and one suggestion as documented in the report. NYDL noted that the NMED has information that does not meet NYDL needs.

The MRB and NYDL discussed the suggestion on allegations and directed the review team to revise the suggestion to reflect closure on the NYDL tracking system. The MRB agreed that NYDL's performance met the standard for a " satisfactory" rating for this indicator.

l Non-Common Performance Indicators. Legislation and Program Elements 1

Required for Compatibility. Mr. Sollenberger presented the findings for the non-common performance indicator, Legislation and Program Elements Required for i

Compatibility. He summarized the findings detailed in Section 4.1.2, of the report.

Mr. Sollenberger reviewed this indicator for each of the New York agencies.

NYDL The review team found NYDL's performance with respect to this indicator to be l " satisfactory," and made one recommendation, as documented in the report. The MRB 1 agreed that NYDL's performance met the standard for a " satisfactory" rating for this indicator.

Sealed Sowce and Device (SS&D) Evaluation Program. Mr. Sollenberger presented trze findings for the non-common performance indicator, Sealed Source and Device Evaluation Program. He summarized the findings detailed in Section 4.2 of the report.

l l NYDL. Mr. Broaddus reviewed this indicator during the NYDL review where the review l team made four recommendations and one suggestion as documented in the report.

The IMPEP team members were unable to reach consensus on the rating for this indicator. Based on the criteria, the lead reviewer recommended NYDL's performance be found " unsatisfactory" and the team leader recommended the performance rating be found " satisfactory with recommendations for improvement." Much of the MRB l discussions were directed at understanding NYDL's position that the rating for the SS&D l non-common indicator should be satisfactory because of their performance in the one review had been completed in 1997 and the team's approach in reaching their conclusions. Although there was some support for adopting the NYDL's position, there was no decision made at the meeting. The MRB directed the review team to revisa appropriate portions of the SS&D section to reflect the MRB discussions. The MRB l directed the staff to share the revision of Section 4.2 with the State for comment. The MRB also supported the NRC's staff initiative to review the guidance in MD 5.6 for the SS&D non-common indicator after the Organization of Agreement States completes its planned IMPEP-like assessment of NRC's SS&D program. The MRB position on this indicator will be based on future discussions with the team and NYDL.

l l

. .g , . .. _ _ _ . _ _ _ _ _ _ . . . _ _ __ _ . . __

b Low-Level Radioactive Waste (LLRW) Disposal Program. Mr. Sollenberger reviewed this indicator during the NYDL review and led the discussion for this indicator.

The review team found NYDL's performance with respect to this indicator to be

" satisfactory," and made no recommendations or suggestions. NYDL shares the responsibility for this program with NYDEC. The MRB agreed that NYDL's performance met the standard for a " satisfactory" rating for this indicator.

MRB ConsultatiorJComments on issuance of Report. Mr. Sollenberger stated that, based on the August 18* MRB meeting and the present meeting, the review team recommends that New York be found adequate to protect public health and safety, and compatible with NRC program. The review team proposed the next IMPEP for the New York program be scheduled in 4 years and that a follow-up review of the NYCH program be conducted in one year. The MRB agreed with the team's findings and approved a follow-up review of the NYCH program in one year. Mr. Sollenberger thanked the New York agencies and the IMPEP team members for their effort in the review.

Comments from State of New York. Mrs. Aldrich stated that she appreciated the improvement brought about through the IMPEP process and that the review team was professional.

3. Status of Upcoming Reviews. Mrs. Schneider gave a quick description of upcoming reviews.
4. Adjournment. The meeting was adjourned at approximately 4:30 p.m.