ML20198H205
| ML20198H205 | |
| Person / Time | |
|---|---|
| Issue date: | 12/18/1998 |
| From: | Duane White NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| To: | Hallisey R MASSACHUSETTS, COMMONWEALTH OF |
| References | |
| NUDOCS 9812290266 | |
| Download: ML20198H205 (7) | |
Text
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4 475 ALLENDALE ROAD
,8 KING oF PRUSSIA, PENNSYLVANIA 19406-1415
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December 18,1998 Robert Hallisey, Director Radiation Control Program Department of Public Health 174 Portland Street,5th floor Boston, MA 02114
SUBJECT:
PERIODIC MANAGEMENT MEETING
Dear Mr. Hallisey:
' A periodic meeting with Massachusetts was held on December 10,1998. The purpose of this meeting was to review and discuss the status of Massachusetts' Agreement State program.
The NRC was represented by Richard Blanton from the NRC's Office of State Programs and myself. Specific topics and issues of importance discussed at the meeting included action on previous IMPEP review finding, the status of the program's Sealed Source and Device evaluation program, and Nuclear Materials Events Database reporting, follow-up and closure information.
I nave completed and enclosed a general meeting summary, including any specific actions that will be taken as a result of the meeting.
If you feel that our conclusions do not accurately summarize the meeting discussion, or have any additional remarks about the meeting in general, please contact me at (610) 337-5042 or E-mail to ADW@NRC. GOV to discuss your concerns.
Thank you for your cooperation.
Sincerely,
%cm [L Duncan White State Agreements Officer Division of Nuclear Materials Safety
Enclosure:
As stated
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R. Blanton, OSP
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R. _ Hallisey '
2 Massachusetts Radiation Control Program Distribution DCD (SPO 1)
R. Blough, RI G. Pangburn, RI -
P. Lohaus, OSP K. Schneider, OSP l
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DOCUMENT NAME: G:ONMSDOCWORKWISCLTR\\LMASS-MT.D To receive a copy of this document, indicate in the box: "C" = Copy w/o attach /enci
- E' = Copy w/ attach /enci
- N* = No copy OFFICE DNMS#tbq,\\
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RBlanton DATE 12/18/98 12/18/98 by phone 12/ /98 12/ /98 l
OFFICIAL RECORD COPY t
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AGREEMENT STATE MEETING
SUMMARY
FOR MASSACHUSETTS DATE OF MEETING: December 10,1998 ATTENDEES:
NRC COMMONWEALTH Duncan White, RI Bob Hallisey, Program Director Richard Blanton, OSP Salifu Dakubu, Materials Supervisor DISCUSSION:
A significant portion of the meeting discussed Massachusetts' actions on the 1998 IMPEP review findings. The proposed status for each of the recommendations,in Section 5.0 of the 1998 Massachusetts final IMPEP report is summarized below (numbers correspond to those in the attachment). The actions taken by the Radiation Control Program (RCP) for the suggestions from the 1998 report are also provided, but since these do not require a response from the Commonwealth, no status is provided.
- 1. Closed:
Since the last review, RCP has issued approximately 30 new licenses with nearly alllicensees inspected within six months. Within six months of license issue, RCP staff calls the licensee to determine if licensed activities have commenced and an inspection is conducted.
- 2. Closed:
The RCP has performed approximately 15 to 20 reciprocity inspections this year.
To facilitate the performance of reciprocity inspections, an individual on the materials staff is assigned on a weekly basis to review incoming reciprocity requests for possible inspections.
- 3. Closed:
The Program Director and the Materials Supervisor have performed 10 accompaniments in 1998. The remaining inspector will be accompanied within the next two weeks.
- 4. Closed:
Since the IMPEP review, the total staffing for the materials program has increased from seven to 10 individuals. The Program Director stated that RCP has approval to hire four more individuals in 1999 and is currently pursuing quality candidates for these positions.
- 5. Closed:
RCP maintains a training qualification record for its staff that includes basic, specialized and advanced training areas or courses for inspectors, license reviews and sealed source and device (SS&D) reviewers. The Commonwealth also contracted a radiography course held in November 1998 through one of its licensees (Amersham).
- 6. Closed:
RCP has received four allegations this year, two of which were anonymous.
Known allegers were provided periodic written feedback regarding the actions taken by RCP to resolve their concerns.
- 7. Closed:
RCP has reviewed the current policy and procedures for its SS&D program with their SS&D staff. The SS&D program has sufficient staff to perform two independent reviews for sheets consistent with Management Directive (MD) 5.6.
Each sheet also receives supervisory review. The Commonwealth indicated that their policy and procedures for their SS&D program are consistent with MD 5.6.
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Massachusetts Meeting Summary 2
- 8. Closed:
As indicated in item No. 5 above, the Commonwealth has established a training qualification program for its SS&D reviewers that includes peer review of SS&D actions and management approval. Since the IMPEP review, a third individual has been approved to sign SS&D sheets.
9.
RCP has made significant improvement in issuing inspection findings within 30 days after the end of the inspection.
10.
The Commonwealth has reWewed the SS&D comments in Appendix G of the 1998 IM." iP report and taken appropriate action.
A portion of the periodic meeting included the RCP technical staff in addition to the Program Director and Materials Supervisor. During this portion of the meeting, NRC staff discussed program and personal changes within the NRC that could impact or were of interest to the Agreement States. Some of the topics included the proposed revisions to Parts 31 and 35 regulations, management changes in OSP and the NRC, the upcoming SS&D review of the NRC program, and revisions to OSP procedures. There was also a discussion on the status of the five states with letters of intent to become Agreement States and the impact that could have on the NRC.
RCP management indicated that the IMPEP process was useful to their program, but felt that SS&D indicator should be a common indicator and the evaluation be more performance-based.
RCP suggested that NRC make the deadlines for comment periods on various rulemaking, procedure and policy changes posted on the Internet more prominent and highlighted than is the current practice.
Since the IMPEP review, one individual has left the program (C. Dehrooge) and three individuals have joined the materials program full time (Joshua Doehkr, Tom Coulombe and Manju Bansal). Salifu Dakubu, who was acting supervisor of the materials program at the time of the 1998 IMPEP review has since been placed in permanent State position. RCP also plans i
to fill a vacant administrative position in January 1998. The Program Director stated that RCP has approval to hire four more individuals in 1999 and is currently pursuing quality candidates for these positions. There have been no changes in the RCP organization since the IMPEP review, but the entire RCP staff has been consolidated and relocated to new offices in downtown Boston earlier this year (with the exception of the radioanalytical lab). One new responsibility assigned to the materials group is the administrative of the Program's office network system. This responsibility is carried out by three of the technical staff. Another responsibility likely to be assigned to the RCP in the near future will be transfer of functions currently performed by the low level radioactive waste siting board. The Commonwealth appears to placing the siting board on inactive status.
The Program Director stated that RCP has received approval to raise the retained revenue funding ceiling for the materials program from $0.78M to $1.35M due to the anticipated submission of SS&D registration sheets from Arrersham sometime next spring. The entire budget for materials is derived from fees. The remaining RCP budget is funding through an appropriation from the Commonwealth's general fund, MQSA contract, radon grant and mammography fees. The materials program accounts for approximately 50% of the RCP's
$2.5M budget. RCP management anticipates no significant changes over the next few years regarding the budget and funding for the program.
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Massachusetts Meeting Summary 3
With regard to internal program assessments, RCP management stated that employee performance is reviewed annually, monthly staff meetings are held to review inspection and I
licensing goals, and that the materials supervisor (at a minimum) is debriefed after each inspection.
l The Commonwealth is currently amending its regulations to incorporated NRC changes in Parts 20,35, and 71. Amendments to the Commonwealth's radiography rules are also proposed to require testing and certification of radiographers using the Texas examination. These amendments to the regulations have been submit +ed to OSP for review and due to the short commant period, verbal feedback has been provided with regard to compatibility by the Regional States Agreement Officer.
l The Materials Supervisor stated that information for NMED is sent quarterly to NRC's contractor l
(INEL). RCP has an individual assigned the task of maintaining NMED. NRC staff emphasized that reportable incidents should be directed to the NRC Operations Center and that timely follow-up information be provided to NMED in order to closeout an incident in accordance with l
OSP Procedure SA-300 Handbook on Nuclear Material Event Reporting in Agreement States.
During the meeting, it was determined that RCP was not using the Handbook issued in February 1998 but a draft version. Copies of the 1998 handbook have been forwarded to RCP since the meeting.
l In addition to general NMED issues, there was a discussion of the circumstances surrounding the misadministration at St. Ann's Hospital that occurred on December 9,1997. The Materials 1
Supervisor stated that the long period of time to report to the event to the NMED contractor was due in part to the licensee's initial inadequate response in evaluating the event, the subsequent l
RCP follow-up, escalated enforcement action and review by the Commonwealth Medical i
Advisory Board.
No allegations were referred to RCP by Region I since the IMPEP review.
Since the last IMPEP review, Region i has provided the Commonwealth with 12 terminated i
NRC licenses requiring investigation for potential residual contamination. The Materials l
Supervisor indicated that all 12 have been administratively reviewed and some of the files have l
been closed. The RCP plans to follow-up on the remaining terminated licenses in 1999. RCP management indicated that staff has been in contact with the Region I coordinator regarding some of these licenses.
During the Management Review Board (MRB) for the 1998 Massachusetts IMPEP review, the MRB directed NRC staff to assess the timing and need for an early review of the SS&D program at the next periodic meeting between the NRC and the Commonwealth. RCP management.
indicated that there are currently three reviewers qualified to independently sign SS&D sheets.
In additional, all sheets require the review and approval of the Materials Supervisor. Since the last IMPEP review, the RCP has issued 14 sheets. Four of the actions amended the sheets to an inactive status, seven sheets were transferred from Illinois (administrative) and three amendments to existing sheets involved technical review related to use of sealed sources in the devices. Two of the amended sheets requested the use of similar sources already approved by another licensing agency. Based on the limited of sheets (i.e., three) issued by the RCP involving technical review, the NRC staff recommends that the Massachusetts SS&D program l
be reevaluated at the next periodic meeting (to be scheduled for early 2000) to determine the
Massachusetts Meeting Summary 4
timing and need for an early review. The Commonwealth anticipates that the large influx of SS&D sheets from Amersham's Illinois operations will begin during the spring of 1999. A review of the SS&D program during 2000 will have the advantage of providing a larger number and variety of technical reviews of newly issued SS&D sheets to examine.
The next IMPEP review is scheduled for fiscal year 2002 (October 2001 through September 2002). The next periodic management meeting between the NRC and New Massachusetts will be held in approximately 16 months.
CONCLUSION:
Conclusion No.1:
At the direction of the MRB, NRC staff assessed the timing and need for an early review of the Commonwealtn's SS&D program. Based on discussions at this periodic meeting, RCP has issued only three amended SS&D sheets that required any technical review since the last IMPEP review.
Action No.1:
Based on the small number of completed SS&D sheets involving technical issues, the need for an early review of the Massachusetts SS&D program should be reevaluated at the next periodic meeting scheduled for early 2000.
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l ATTACHMENT Summary of recommendations and suggestions from 1998 IMPEP Review of the Massachusetts program l
Recommendations:
l 1.
Initial inspections of licensees are performed within six months of the licensee's receipt of licensed material, within six months after commencement of licensed activities, or i
within one year of license issuance, whichever comes first and consistent with IMC l
2800.
l 2.
Increase the number of reciprocity inspections to evaluate the health and safety implications of out-of-state companies wo-king in Massachusetts.
3.
Program managers conduct annual field accompaniments of each inspector to assess l
performance.
l 4.
Program management closely monitor the filling of RCP vacancies due to current program demands and projected increase in workload.
5.
The Commonwealth manage the training program to ensure that staff receive required training courses to fulfill RCP requirernents for inspectors and license reviewers.
6.
RCP provide written periodic feedback on the disposition of allegations to allegers in accordance with Commonwealth procedures.
i 7.
The Commonwealth review current policy and procedures for its sealed source and device (SS&D) evaluation program and update or establish policy and procedures as necessary, including definition of concurrence reviews, consistent with the current Management Directive 5.6.
8.
The Commonwealth establish a signature authority qualification program for all, including current, SS&D reviewers.
Suggestions:
9.
The Commonwealth issue inspection findings in a more timely manner to meet the 30-day program goal.
10.
The Commonwealth consider SS&D comments identified in Appendix G of the 1998 IMPEP report and take action as deems appropriate.
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