ML20211D063
| ML20211D063 | |
| Person / Time | |
|---|---|
| Issue date: | 08/06/1999 |
| From: | Mark Shaffer NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| To: | Quillin R COLORADO, STATE OF |
| References | |
| NUDOCS 9908260158 | |
| Download: ML20211D063 (7) | |
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UNITED STATES fg j
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611 RYAN PLAZA DRIVE, SUITE 400 ARUNGTON, TEXAS 760114064 yj August 6,1999 Mr. Robert Quillin, Director Laboratory and Radiation Services DMsion Colorado Department of Public Health and Environment 8100 Lowry Boulevard Denver, Colorado 80220-6928 Dear Mr. Ouillin.
l This year's periodic meeting with Colorado was held on July 8,1999. The purpose of this meeting was to review and discuss the status of Colorado's Agreement State program. The NRC was represented by Linda McLean and myself from NRC's Region IV's office, and l
Cardella Maupin from the NRC's Office of State Programs.
I have completed and enclosed a general meeting summary, including any specific actions that will be taken as a result of the meeting.
J If you feel that our conclusions do not accurately summarize the meeting discussion, or if you have any additional remarks about the meeting in general, please contact me at (817-860-8287) or e-mail mrsOnrc. gov to discuss your concems.
Sincerely ark R. Shaffer Regional State Agreements Officer
Enclosure:
As stated cc w/ encl::
Paul Lohaus, Director, OSP
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DOCUMENT NAME: S:\\DNMS\\SAO\\ Periodic Meetings \\99 Colorado Meeting Summary.wpd To receive a copy of this document, indicate in the box: "C" = Copy without attachment / enclosure ' "E" = Copy with attachment / enclosure "N" = No copy OFFICE RIV:SAO D:DNMS- @
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NAME MRShaffewf DDChamb7flitin DATE 08/f /99 08//, /99
1
' AGREEMENT STATE PERIODIC MEETING
SUMMARY
FOR COLORADO Date of Meeting: July 8,1999 ATTENDEES:
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NRC Mark Shaffer, Regional State Agreements Officer Linda McLean, Regional State Agreements Officer Cardella Maupin, Agreement State Project Officer, Office of State Programs COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT Warren Jacobi, Program Manager, Materials Licensing and inspection Unit Jeffrey Deckler, Program Manager, Hazardous Materials and Remedial Program Don Simpson, Former Unit Leader, Uranium and Special Projects DISCUSSION The following is a summary of the meeting held in Denver, Colorado, on July 8,1999, between representatives of the NRC and the State of Colorado. During the meeting, the topics suggested in a letter dated May 28,1999, from Mr. Mark Shaffer to Mr. Robert Quillin were discussed. The discussion pertaining to each topic is summarized below.
Action on Previous IMPEP Review Findinas
. The previous integrated Materials Per ormance Evaluat on rogram (IMPEP) review was f
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conducted during the period March 10-14,1997, with the findings discussed in a meeting
. between the State and the IMPEP Management Review Board (MRB) on June 3,1997. The results were issued in a final report dated June 16,1997. At that time, the MRB found that the Colorado Radiation Control Program was adequate to protect public health and safety and compatible with NRC's program. The recommendations made in the final report which were not recommended for closure by NRC staff following the previous annual meeting with the State on April 8,1998, are listed below followed by a summary of the State's actions in response to each recommendation and the staff's recommendation as to closure of the item.
4.
Recommendation: The review team suggests that the State institute the use of checklists for licensing actions and maintain these forms in the licensing file.
Current Status: As noted during the previous annual meeting, the State's experienced reviewers do not feel the need to use checklists or maintain them in the license file. The State indicated that they had obtained copies of the NRC checklists and stated they will 1
use them as appropriate for new reviewers.
The staff recommends that this item be closed during the next program review.
J
Colorado Periodic Meeting Summary 5.
Recommendation: The review team suggests that the State make the following
' changes in their licensing procedures:
(a)
Devices which no longer are acceptable under Colorado's regulation equivalent to 10 CFR 34.20, " Performance Requirements for Radiography Equipment" should be removed from industrial radiography licenses.
Current Status: The State indicated that all applicable licenses have been amended.' Also, the State's adoption of the "two-man-rule" should be in place by next year.
The staff recommends that this item be closed during the next program review; 8.
~ Recommendation: The review team suggests that the State restrict the use of the short form, RCD 59, to cases where minor violations are identified during the inspection, and that the State issue a formal enforcement letter for more serious or multiple items of non-compliance.
Current Status: The State indicated that they had developed specific guidance for the use of Form RCD 59 to include examples of when not to use the form. This guidance is similar to NRC Manual Chapter 2800.
The staff recommends that this item be closed during the next program review.
12.
Recommendation: The review team recommends that the Form RCD 56 be revised to include an analysis as to why the event occurred and differentiate between diagnostic and therapeutic misadministrations.
Current Status: The State indicated that they have modified their regulations pertaining to the definition of misadministrations and created a new form, LARS-100, to reflect its j
applicability to "only" therapeutic misadministration.
i The staff recommends that this item be closed during the next program review.
Strenoths and Weaknesses of the Procram Colorado emphasized many of the same strengths noted during the previous annual meeting.
The Radiation Control Division (RCD) has an experienced, versatile staff with a good working relationship. With regard to weaknesses, one area of concem was discussed.
The RCD is experiencing staff losses which are not likely to be filled. Some experienced staff members are retiring, and the State has not received authorization to fill the vacant positions.
This hiring freeze is a result of RCD's future budget projections. Based on the State's current fee structure and budget allocation, RCD is experiencing a loss of approximately $100,000.
each year. RCD expects that the program will have a zero (0) balance by the fiscal year 2002.
Although there is a need to increase licensee fees, current state legislation limits total
Colorado Periodic Meeting Summary.
_ govemment spending increases to inflation plus cost-of-living percentage increases.
Consequently, any proposed increase in spending (e.g., a fee increase) is examined very closely as to its potential impact and to what attematives are available. This situation has caused the RCD to re-examine its allocation of resources, cross-train current staff in multiple areas and "do more with less." ~ Although the staff shortage has not yet affected the quality of the program, the RCD staff are concemed that further staffing cuts could effect the ability of the RCD to effectively perform its mission.
Recent or Pendino State Prooram Channes Changes in Program Staff "By July 30,1999, two experienced staff members will have retired and no replacement has been authorized. By December 31,1999, two FTE in Uranium and Special Projects will also have left the program. If the funding levels continue to decrease as expected,
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future staff cuts may occur.
The former unit leader for uranium and special projects has stepped down from his managerial duties and is now functioning as an inspector for uranium recovery activities.
Proaram Reorganizatons/Redistnbution of Responsibilities The State is considering the idea of merging the materials and uranium sections of the department. This decision is due, in part, to the significant decrease in uranium recovery activities within the state. The number of uranium recovery licensee facilities has decreased from 12 to only two operating sites. No decision has been made regarding this issue.-
Legislative Changes No new changes are known.
Chanoes in orooram budoet or fundino.
As noted above, the RCD's budget is a significant concem to the staff because projections estimate a balance of zero by the fiscal year 2002.
Intemal Proaram Audits or Self Assessments The Division is currently performing an intemal " Effectiveness and Efficiency Audit" of the prorum. This audit is being performed at the request of the Colorado legislature and is due by August 1999.
i As part of the State's budgeting process, RCD conducts an annual self assessment
~ review RCD also sends " customer satisfaction surveys" to its licensees on a periodic basis.
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- v Colorado Periodic Meeting Summary - m Semi-annual peNormance reviews are conducted with each staff member by his/her immediate supervisor as part of the employee's performance appraisal process.
~ 8tatus of Alleaations Referred by NRC to the Colorado Radiation Control Proaram There were no allegations forwarded to the RCD during this time period.
Comoatibility of Aareement State regulations As of the date of this meeting, the State's regulations are all caught up and RCD is on track to have future rule revisions completed before their assigned due dates.
Nuclear Material Events Database (NMED)
RCD currently uses ' Office 97" software which does not work well with NMED software.
Although the software programs are not totally compatible, RCD stated that they have been able to input event data as required.
Other issues The State requested that the NRC consider including attemate concentration limits (ACLs) for soil similar to the ground water ACLs currently in Part 40, Appendix A.
The State again expressed its concem with 10 CFR 30.14, regarding Department of Energy (DOE) subcontractors being exempt from NRC and Agreement State regulations. Due to the privatization of many federal activities, the State believes that subcontractors are operating without oversight. The State suggests that NRC re-consider amending its regulations to eliminate the exemption for DOE subcontractors
. working off DOE sites.
Schedule for next IMPEP Review The State suggested that the next IMPEP review be tentatively scheduled for the March 2001 time period.
Action items identifed During Meetina 1.'
The RCD requested a copy of NRC's analysis of each comment submitted by the Agreements States regarding the proposed rule for Generally Licensed Devices.
(M. Shaffer) ~
' 2.
The RCD asked if NRC has established a joint NRC/ Agreement State working group for changes to 10 CFR Part 40, and if so, the State requests a listing of who is on the working group. (M. Shaffer, C. Maupin)
Colorado Pe.1 odic Meeting Summary '
3.
The RCD committed to provide OSP with copies of the final regulations adopted in 1997 and 1998. OSP currently has only draft versions of the regulations promulgated during this period. (C. Maupin) 4.
The RCD committed to updated its input to NMED to denote the word " closed"in the event summary section where applicable. (M. Shaffer) 5.
The State requested that the NRC consider including alternate concentration limits (ACLs) for soil similar to the ground water ACLs currently in Part 40, Appendix A. (L McLean) 6.
The RCD requested that NRC again revisit its position with regard to DOE subcontractors working off DOE sites. (M. Shaffer) j