ML20207J281

Forwards Comments on State of Nv Radiation Control Program Draft Administrative Procedures Re Licensing,Insp, Termination,Calibr,Escalated Enforcement & Low Level Waste Site Insp,Per Author 860616-18 Visit

ML20207J281
Person / Time
Issue date:	07/21/1986
From:	Hornor J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V)
To:	Marshall S NEVADA, STATE OF
References
NUDOCS 8607280205
Download: ML20207J281 (7)

Text

. . . .

JUL 211986 1

Mr. Stanley Marshall,, Supervisor Radiological Health Section Health Division Department of Human Resources 505 East King Street ,

Carson City, Nevada 89710 l

Dear Mr. Marshall:

During my recent technical assistance visit to the Nevada Radiation Control Program (June 16-18, 1986) we discussed the progress of your developing administrative procedures addressing licensing, inspe_ction, termination, calibration, escalated enforcement and low-level waste site inspections.

enclosure. concerning the drafts you provided for my review are included as an Comments I understand that you are proposing to complete draft 3 by October 1986, and have either draft 4 or the final version completed for the December 1986 routine radiation control program review.

Thank you for your attentien to this important program issue. If you have any questions, please feel free to call at any time.

Sincerely, Jac W. Hornor Region V State Agreement Representative *

Enclosure:

As stated cc w/ enclosure:

D. A. Nussbaumer, A/D, OSP bec w/ enclosure:

RSB/ Document Control Desk (RIDS)

G. Cook B. Faulkenberry J. Martin Regig V. .,

JHor rma RS rano 7/j7 7/I T/86 k DR

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Enclosure 1 Comments on Nevada Administrative Procedures Licensing Procedures

1. No provision is made for sending licensing guides or regulatory positions to the applicant or renewal applicant as required by NRC guidelines for agreement state programs.

2. It would be helpful to.have the license priority placed on the license at the time the review process is completed.

3. Completed licenses should be incorporated into the inspection tracking and inspection schedule prior to filing.

4. License renewal applicants must submit completed applications the same as new applicants. All of the material originally submitted for the original license and/or any amendments must be updated and resubmitted for renewal.

Inspection Procedures

1. If manpower becomes a problem in Nevada, the program may (with NRC notification) reduce the inspection frequency to that of NRC's; priority 1, 1 year; priority 2, 2 years; priority 3, 3 years; etc.

(Please see Inspection Procedures Manual Chapter MC 2800 provided to you during the technical assistance visit June 16-18, 1986).

2. Inspection procedures (also inspection forms) should address important specific areas to be inspected (observation of RAM use early in the inspection, interviews with workers and ancillary workers, systematic representative sampling of records, exit with management, etc.).

3. The State should develop or adopt a ' system of severity levels to distinguish items of non-compliance. This severity system should then be reflected in the enforcement letters and escalated enforcement procedures. The State may adopt acceptable severity level systems used by NRC or other Agreement States until Nevada can develop their own.

4. In the section pertaining to independent measurements during inspections, you should address the measurement of air flow rates and direction when applicable (use of hoods, Xenon, Krypton 85, etc.).

Calibration The calibration procedures provided are very brief, do not address radiation safety and do not address specifics (see interpretive letter H.2 and FC85-10 standard review plan for calibrating survey instruments provided during June 16-18, 1986 visit). It was found during a previous review of your calibration techniques, labels and records that the program should determine scales and units which are easily understood, develop records that can be easily audited and use labels on the instruments with information and graphs (when necessary) regarding the most current calibration and the due date of I

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2 the next calibration. You must specify the probe used for each calibration with its respective instrument.

License Termination and Close-out Inspections 1.

The State must verify,that the licensee, in disposing of his radioactive material, either transfers it to another valid Agreement State or NRC licensee or to a licensed waste broker or otherwise licensed disposal site.

2. The State should then inform the regulatory agency having jurisdiction that radioactive material is being transferred to their licensee, the amount, form and proposed date of transfer.

3.

The State should notify the new regulatory agency (NRC or Agreement State) of any compliance actions that have been taken previously or will be taken against the terminating licensee.

4.

The State should confirm the licensee's close-out survey with their own survey prior to releasing any controlled areas for unrestrictive use.

5. If a licensee is selling his business, including the radioactive material, the State cannot automatically transfer the license to the new owners unless only the name changes while all qualified personnel listed on the original license remain in control of the radioactive material.

In this case an amendment name change is acceptable. Otherwise, the purchaser will have to submit a new application as if it were an original application and the RCP must review and approve a new license prior to transfer of the radioactive material. If any delays are encountered, a temporary locked-storage-only license or amendment may be granted until the final license becomes effective.

Escalated Enforcement Actions There are many forms of escalated enforcement in cases of recalcitrant' licensees that are not serious enough to evoke criminal penalties. States that do not have civil penalties, therefore, should set up severity levels for specific types of non-compliance and/or repeated non-compliance. {

The '

escalated types: enforcement actions can include but not be limited to the following 1

1. in-office enforcement meetings, 1

2. issuance of special restrictive orders,

3. increased inspection frequency,

4. shorter license terms (more frequent renewal),

5. required periodic licensee reporting to RCP,

6. replacement of RSO,

7. replacement of RSC chairman, and the

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8. breaking up of a broad license into several specific licenscs.

i The criteria for criminal penalties are con'tained in your draf t procedures.

! However, there are no provisions for imposing lesser penalties for less severe

} -levels of non-compliance. It-is therefore recommended that Nevada establish t

non-compliance severity levels with the actions to be taken at'each level.

Nevada apparently has mechanisms. currently (but not procedures) for handling very cevere non-compliance, but lacks mechanisms for intermediate escalated enforcement actions.

General Comments

1. Written procedures should not include specific personnel names, only the positions. In this way, the procedures will not have to be -changed when

ever someone leaves, is promoted or there is a reorganization. ,

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2. Written procedures should be used as a training tool to' assure that all new personnel perform their duties in a manner acceptable to your agency.

i 3.

I have also included as enclosure 2, a list of' administrative procedures, licensing procedures and compliance procedures that Nevada should

) consider in their long-range plans for the RCP.

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DESIG ATED ORIGINAL Certified By _

Enclosure $[.

1. Suggested Content for an Administrative Procedures.for an Agreement State RCP o Establishment and maintenance of a Policy, Procedures and j Interpretative Memoranda Manual o Administration of Licensing Program

- Receipt, log-in and tracking applications

- - Fee collection

- - Peer, supervisory and management reviews of licensing; actions

- Data collection and management

- File maintenance o Management of Inspection Program

- Assignments of inspection priorities

- Assignments of inspections

- Program statistics

- Milestones for reports

- Supervisory and management reviews of reports _

-- File Fieldmaintenance supervisory (evaluationsincluding field files) , ,

o Media Communications .

o Emergency Response (implementation of State ER plan, e.g.,

assignments of pagers)

o Availability of Files to Public

- Policy and Statutory Requirements

- Procedure for handling requests o Procedure for Requesting Technical Assistance

- NRC

- Advisory Committees

- Federal and State agencies

- Licensees or private parties l 0 M00's With Other State / Local Agencies o Interpretations of Regulations and License Conditions o Maintenance of Program Technical References

- State Enabling legislation and Other pertinent Statutes

- 10 CFR

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- State Regulations

- SS&D Registry

- NRC IE Information Notices, Circulars, etc. .

- NRC FC Policy and Procedures Manual

- All Agreement State Letters ,

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- NRC IE Inspection Guides

- FDA Radioactive Materials Reference Manual

- NUREG's, etc.

o Communications with Legislature o Abnormal Occurrence and Other Reports to NRC o Reporting and Responding to Complaints and Allegations.

O Maintenance and calibration of instrumentation Revising and Updating Regulations o

o Requests for Laboratory Analytical Services o Determining NRC vs State Jurisdiction o Handling requests for variations and exemptions ,

2. Examples of Technical Procedures and Policies ,

A. Licensing .

o Licensing Guides & SRP's o Criteria for Prc-license inspections o License termination o Check sheets o . Standard License Conditions

- o Regulatory Guides and other staff guidance B. Compliance o Preparation

- o Inspection guides for specific categories of licensees ,

o Policies re announcing of inspections o Handling findings of n/c (including field notices) and other findings ~

-o Entrance and Exit meetings '

o Closing out n/c's o Confirmatory measurements o Handling worker complaints / allegations o Inspection Reports content and format o Inspection Correspondence content and format signatories milestones '

supervisory review

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o Escalated Enforcement tracking for replies f.u. letters .

evaluation and acknowledgement of replies o Inspector debriefing t'

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