ML20202G242

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Informs That Author Will Be Team Leader for Impep Review of North Dakota Program Scheduled for 990413-16.Encl Document Integrated Matls Performance Evaluation Program Questionnaire, Furnished to Wangler Electronically
ML20202G242
Person / Time
Issue date: 01/28/1999
From: Jeffery Lynch
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To: Sagsveen M
NORTH DAKOTA, STATE OF
References
OMB-3150-0183, OMB-3150-183, NUDOCS 9902050063
Download: ML20202G242 (12)


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UNITED STATES [An (at\ ** NUCLEAR REGULATORY COMMISSION REGloN ill l bg 801 WARRENVILLE ROAD

   -# -    h              a                               LISLE. ILLINOIS 60532-4351
           \*****/                                         January 28 -1999 J

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                ' Murray Sagsveen State Health Officer State Department of Health Capitol Building 600 East Blvd.~

Bismarck, ND 58505-0200

Dear Mr. Sagsveen:

                ' As you are aware, NRC is using the Integrated Materials Performance Evaluation Program (IMPEP) for the evaluation of Agreement State Programs.' Per my discussion with Ken Wangler, I will be the team leader for the IMPEP review of the North Dakota program scheduled for April 13-16,1999. The team will include Mark Shaffer, NRC Region IV State
                ' Agreement Officer; Jim Peterson, South Carolina Bureau of Radiological Health; and Suzanne Woods from the NRC's Office of Nuclear Material Safety and Safeguards.

Enclosed is the document, " Integrated Materials Performance Evaluation Program Questionnaire." The questionnaire was fumished to Mr. Wangler electronically as well as in  ; printe'd form. I ask that you send your responses by Intemet to JLL2@NRC. GOV by March 19,  ! 1999. I am sending the document in advance of the IMPEP review in order to provide time for i you to allocate the staff resources necessary to complete the document by the due date.

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Part A of the questionnaire contains questions on the common performance indicators. Part B f contains questions on the non-common performance indicators for Agreement States. g Also included with the questionnaire is the document " Materials Requested to Be Available for

                ~ the Onsite Portion of an IMPEP Review." We encourage States to have the items listed               ,

prepared prior to the IMPEP team's arrival. I request that you set up an appointment with the appropriate State Senior Management Official to discuss the results of the IMPEP review of the North Dakota program on the moming of 1 April 16,1999. L l i 9902050063 990128 T PDR- STPRG ESGND PDR , 1 l

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Murray Sagsveen If you have questions, please call me at (630) 829-9661. Sincerely, hl%&I)yW es L. Lynch Regional State Agreements Officer

Enclosures:

As stated cc w/o encl: Dana Mount, Director l Division of Environmental Engineering Department of Health 1200 Missouri Avenue, Room 304 P.O. Box 5520 Bismarck, ND 58506-5520 l cc: w/ encl: J. Peterson, SC

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Approved by OMB' No. 3150-0183 Expires 5/31/2001 INTEGRATED MATERIALS PERFORMANCE EVALUATION PROGRAM QUESTIONNAIRE North Dakota Reporting Period: February 10,1996 to April 12,1999 A. COMMON PERFORMANCE INDICATORS

1. Status of Materials inspection Proaram
1. Please prepare a table identifying the licenses with inspections that are overdue by more than 25% of the scheduled frequency set out in NRC Inspection Manual Chapter 2800. The list should include initial inspections that are overdue.

Insp. Frequency Licensee Name (Years) Due Date Months O/D

2. Do you currently have an action plan for completing overdue inspections? If so, please describe the plan or provide a written copy with your response to this questionnaire.
3. Please identify individual licensees or groups of licensees the State / Region is inspecting more or less frequently than called for in NRC Inspection Manual Chapter 2800 and state the reason for the change.
             " Estimated burden per response to comply with this voluntary collection request: 45 hours. Forward comments regarding burden estimate to the information and Records Management Branch (T-6 F33), U.S. Nuclear Regulatory Comrnission, Washington, DC 20555-0001, and to the Paperwork Reduction Project (3150-0183), Office of Management and Budget, Washington, DC 20503. If an information collection does not display a currently valid OMB coritrol number, NRC may not conduct or sponsor, and a person is not required to respond to, the information collection.

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4. Please' complete the following table for licensees granted reciprocity during the reporting period.- '

Number of Licensees Granted Reciprocity Number of Licensees  ! Priority Permits Each Year inspected Each Year Service Licensees performing YR YR teletherapy and irradiator source YR YR installations or changes YR YR YR YR YR YR 1 YR YR YR YR YR YR I YR YR 2 YR - YR YR YR YR YR 1 YR YR 1 3 YR YR YR YR

                                                                                 'YR                                                 YR
                                                   '4 All Other
5. Other than reciprocity licensees, how many field inspections of radiographers were performed? l i
6. For NRC Regions., did you establish numerical goals for the number of inspections to be performed during this review period? If so, please describe your goals, the number of inspections actually performed, and the reasons for any differences between the goals and the actual number of inspections performed.  ;
             - II.         Technical Quality of Insoections                                                                                                  I l
7. What, if any, changes were made to your written inspection procedures during the reporting period?
8. Prepare a table showing the number and types of supervisory accompaniments made during the review period. Include:

Inspector Supervisor License Cat. Qatt

7. _ _. -
9. Describe intemal procedures for conducting supervisory accompaniments of i

inspectors in the field. If supervisory accompaniments were documented, please provide copies of the documentation for each accompanimerit.

10. Describe or provide an update on your instrumentation and methods of .

calibration. Are all instruments properly calibrated at the present time? lll. Technical Staffino and Trainina ! 11. Please provide a staffing plan, or complete a listing using the suggested format l below, of the professional (technical) person-years of effort applied to the  ; agreement or radioactive material program by individual. Include the name,  ! position, and, for Agreement States, the fraction of time spent in the following , areas: administration, materials licensing & compliance, emergency response, ' ' LLW, U-mills, other. if these regulatory responsibilities are divided between j offices, the table should be consolidatec; to include all personnel contributing to the radioactive materials program.. Include all vacancies and identify all senior , personnel assigned to monitor work of junior personnel. If consultants were 1 used to carry out the program's radioactive materials responsibilities, include i their efforts. The table heading should be. l l Name Position Area of Effort FTE%

12. Please provide a listing of all new professional personnel hired since the last i review, indicate the degree (s) they received, if applicable, and additional training l and years of experience in health physics, or other disciplines, if appropriate.
13. Please list all professional staff who have not yet met the qualification requirer 1ents of license reviewer / materials inspection staff (for NRC, inspection Manyo Chapters 1246; for Agreement States, please describe your qua! fications requirements for materials license reviewers and inspectors). For each, list the courses or equivalent training / experience they nerd to attend and a tentative schedule for completion of these requirements.
14. Please identify the technical staff who left the RCP/ Regional DNMS program during this period.
15. List the vacant positions in each program, the length of time each position has been vacant, and a brief summary of efforts to fill the vacancy.

ivc Technical Quality of Licensina Actions

16. Please identify any major, unusual, or complex licenses which were issued, received a major amendment, were terminated, decommissioned, submitted a bankruptcy notification or renewed in this period. Also identify'any new or amended licenses that now require emergency plans.
17. Discuss any variances in licensing policies and procedures or exemptions from the regulations granted during the review period.

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18. What, if any, changes were made in your written licensing procedures (new procedures, updates, policy memoranda, etc.) during the reporting period?
19. For NRC Regions, identify by licensee name, license number and type, any renewal applications that have been pending for one year or more. l V. Responses to incidents and Alleaations .

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20. Please provide a list of the reportable incidents (i.e., medical misadministration, overexposures, lost and abandoned sources, incidents requiring 24 hour or less ,

notification, etc. See Handbook on Nuclear Material Event Reporting in  ; Agreement States for additional guidance.) that occurred in the Region / State ' during the review period. For Agreement States, information included in previous l submittals to NRC need not be repeated (i.e., those submitted under OMB  ! clearance number 3150-0178, Nuclear Material Events Database). The list should be in the following format: Licensee Name License # Date of incident /Recort Tvoe of incident l

21. During this review period, did any incidents occur that involved equipment or source I failure or approved operating procedures that were deficient? If so, how and when were l l other State /NRC licensees who might be affected notified? For States, was timely i notification made to NRC7 For Regions, was an appropriate and timely PN generated?
22. For incidents involving failure of equipment or sources, was information on the incident provided to the agency responsible for evaluation of the device for an assessment of possible generic design deficiency? Please provide details for each case.
23. In the period covered by this review, were there any cases involving possible wrongdoing that were reviewed or are presently undergoing review? If so, please describe the circumstances for each case.
24. Identify any changes to your procedures for handling allegations that occurred during the period of this review.
a. For Agreement States, please identify any allegations referred to your program by the NRC that have not been closed.

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l l . VI. _ General . t

25. Please prepare a summary of the status of the State's or Region's actions taken in response to the comments and recommendations following the last review.
26. Provide a brief description of your program's strengths and weaknesses. These strengths and weaknesses should be supported by examples of successes, problems or difficulties which occurred during this review period.  !

B. NON-COMMON PERFORMANCE INDICATORS

1. Lealstation and Proaram Elements Reauired for Comoatibility 4
27. Please list all currently effective legislation that affects the radiation control program (RCP).
28. Are your regulations subject to a " Sunset" or equivalent law? If so, explain and include the next expiration date for your regulations.
29. Please complete the enclosed table based on NRC chronology of amendments. Identify those that have not been adopted by the State, explain why they were not adopted, and discuss any actions being taken to adopt them. Identify the regulations that the State has adopted through legally binding requirements other than regulations.
30. If you have not adopted all amendments within three years from the date of NRC rule promulgation, briefly describe your State's procedures for amending regulations in order to maintain compatibility with the NRC, showing the normal length of time anticipated to complete each step.
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TABLE FOR QUESTION 29.-

                                             -                                                                                                   OR'                                                                                      I DATE     DATE                                                                                                                          -

10 CFR RULE DUE ~ ADOPTED . CURRENT EXPECTED

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STATUS ADOPTION Any amendment due prior to 1991. Identify j each regulation (refer to the Chronology of Amendments) .l Decommissionag, 7/27/91 Parts 30,40,70 E.T egy Planning, 4/M3 Parts 30,40,70 2 Standards for Protechon Agamst Radebon, 1/1/94 Part 20 r Safety Requirements for Radiographic 1/10/94 t Em* ment; Part 34 Notification ofinadents; 10f15/94 Parts 20,30,31,34,39,40,70 Quality Management Program and 1/27/95 Mesadministrahons; Part 35 Licensing and Radiabon Safety Requirements 7/1/96 for Irradiators; Part 36 Definition of Land Disposal 7/22/96 and Waste Site QA Program; Part 61 . 10/25/96  ! Decommissionmg Recordkeeping Doca-mentahon Addebons; Parts 30,40,70 4 i 7/1/97  ; Uranium Mill Tailings: Conforming to EPA

                                                                                                                                                                                                                                          +

Standards; Part 40

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Tirneliness in Decommissioneg 8/15/97 i Parts 30,40,70 [ Preparation, Traisfer for Oommercial Dis- 1/1/96  ! tribution, and Use of BypW Matenal for Medical Use; Parts 30,32,35 i Frequency of Medical Examinations for Use of 3/13/98 Respiratory Protechon E=_dament  : i r

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  -                 -                                           'DATE~                                            DATE
<   _10 CFR RULE -                                                DUE                                   ADOPTED                                              CURRENT                EXPECTED                   :.

STATUS 1 ADOPTION l Low-level Waste Shipment Mansfest 3/1/98 informabon and Reporting - Performance Requwements for Radography 8/30f98 l Equiprnent Radiah ' %; d;vn Requirements Amended 8/14/98 . _ Defineo a wwl Criteria . t r Clarificabon of Decommissionmg Fundmg 11/24/98 Requwements 10 CFR Part 71: Compshtzhty with the 4/1/99 Intemabonal Atomic Energy Agency Medical Admmistrabon of Radiabon and 10/20f98 Radioactrve Matenals i Terininabon er Transfer of Licensed Achwitnes 6/17/99 q Recordkeepmg Requwements. Resolution of Dual Regulabon of Airbome 1/9/00 Effluents of Radioactrve Matenals; Clean Air  ! i Act Recey.R;en of Agreement State Licenses in 2/27/00 -; Areas Under Exclusive Federal Juf " ^" Within an Agreement State Criteria for the Release ofIndnnduals 5/21kOO _ Administered Radioachve Malertal  ! f Licenses for Industrial Radiography and 6/27/00 Radiation Safety - Requwements for Industrial  ; Radiography Operations; Final Rule t Radiological Criteria for License Terminabon 8/20/00  ; i i 1/2.91  ; Exempt Distributen of a Radioactrve Drug Containing One Microcune of Carbon-14 Urea i Deliberate Misconduct by Unheensed Persons 2/12/01 , Licenses for Industrial Radiography and 7/9/01  ; Radiation Safety Requwements for industrial  ; Radiographic Operabons; Clarifying

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1 Amendments and Corres I

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u .; MATERIALS REQUESTED TO BE AVAILABLE FOR  : THE ONSITE PORTION OF AN IMPEP REVIEW > l i. L ORGANIZATION CHARTS L Clean, rized 8% X 11" including names and positions a ' One showing positions from Governor down to Radiation Control Program Director (RCPD) a One showing positions of current radiation control program with RCPD as Head

a. Equivalent charts for LLRW and mills programs, if applicable LICENSE LISTS a Printouts of current licenses, showing total, as follows:

l Name License # Location License Type Priority Last inspection Due Date I Sort alphabetically Also, sort by due date and by priority (if possible) l THE FOLLOWING LISTS 1 a List of open license cases, with date of original request, and dates of follow up actions a List of licenses terminated during review period. a Copy of current log or other document used to track licensing actions a Copy of current log or other document used to track inspections a List of Inspection frequency by license type j a Listing or log of all incidents and allegations occurring during the review period. Show whether incident 1 is open or closed and whether it was reported to the NRC THE FOLLOWING DOCUMENTS a All State regulations a Records of results of supervisory a Statutes affecting the regulatory authority of accompaniments of inspectors

                    - the state program                                      a Emergency plan and communications list a Standard license conditions                               a Procedures for investigating allegations a Technical procedures for licensing, model                 a Enforcement procedures, including licenses, review guides                                    procedures for escalated enforcement,.

a SS&D review procedures severity levels, civil penalties (as applicable) o instrument calibration records a Copies of job descriptions

a. Inspection procedures and guides a inspection report forms

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