ML20236F081
| ML20236F081 | |
| Person / Time | |
|---|---|
| Issue date: | 10/27/1987 |
| From: | Kammerer C NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA) |
| To: | Vernon T COLORADO, STATE OF |
| References | |
| NUDOCS 8710300132 | |
| Download: ML20236F081 (3) | |
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K OCT 2 71987 Thomas A. Vernon, M.D.
Executive Director Department of Health
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4210 East lith Avenue i
Denver, Colorado 80220
Dear Dr. Vernon:
Tnank you for your letter of June 30, 1987, responding to otar comments and.
recommendations following our.1987 review of your Department's radiation'.
control program. Our review of the State's program and the routine exchange of infonnation program between the Nuclear Regulatory Comission'(NRC) and the State of Colorado had disclosed problems in three Category I indicators.
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Your letter provided specific responses to' the three Category I and to the j
three Category II coments identified during our program review. We continue to recognize.the positive effort set'forth by the Radiation Control Division.
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3 Based on our overall review, your response to the Category I and Category II coments, and the routine exchange of information between the State and the NRC, we believe the Colorado radiation control program is adequate to protect the public hedith and safety and is. compatible with the NRC's program for the regulation of similar materials, I dppreciate the courtesy and cooperation you and your statf extended to t
Mr. Ralph S. Heyer and other NRC representatives during the program review-meeting.
I am enclosing a copy of this letter for placement in the State Public Document Room or to otherwise be made available for public review.
Sincerely, original signed by Carlton Kammerer Carlton C. Kamerer, Director State, Local, and Indian Tribe Programs
Enclosure:
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STAT E O:: C O T R A J O COLORADO DEPARTMENT OF HEALTH
.0, 4210 East 11th Avenue Denver, Colorado 8022o Phone (303) 320 8333
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- on' Roy Romer Governor Thomas M. Vernon, M.D.
Executive Dnector June 30,1987 Carlton C. Krammerer, Director State,-Local and Indian Tribe Programs U.S. Nuclear Regulatory Commission Washington, D.C.
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Dear Mr. Krammerer:
The Colorado Department of Health through the Radiation Control Division has instituted the following actions to address the comments in your June 18, 1987 letter.
(Enclosures 1 and 2)
COMMENT:
Priority 1, 2 and 3 licenses were overdue for inspection by more than 50% of the inspection frequency.
(Enclosure 1, Item IA) t
RESPONSE
In order to eliminate the past due inspections, and to prevent future backlogs, the Division is instituting several changes.
1.
Effective July 2,
1987 the Division will be reorganized.
This will result in 2.6 full-time-equivalent inspections for non-uranium inspections.
2.
The licenses which are overdue for inspection will be given the highest priority for completion.
It is expected that this backlog will be eliminated before October, 1987.
3.
A tracking system is to be instituted which will allow management to easily identify overdue inspections.
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Carlton'O. Krammerer, Director June 30, 1987 i
Page 2 COMMENT a
Enforcement letters are not always issued within the recommended-30 days following the inspection.
Licensee responses to enforcement letters were not always received within the recommended 20 days.
There were. cases where there was no documentation of a letter of acknowledgement from the State.
(Enclosure 1, Item IB) f
RESPONSE
As noted above, a department action and document tracking system will be instituted.
This system will. assure that inspection reports and enforcement letters will be sent out within the required schedule, and that action will be taken if a licensee's. response is not received within the required time.
The principal health physicist in charge of the regulatory program has been assigned the responsibility for auditing and the timeliness of these activities.
4 COMMENT:
i Not all inspection reports adequately and completely 1
document the results of the inspection.
(Enclosure 1, Item IC)
RESPONSE
The Division will conduct an internal training program for its compliance inspectors.
Those items noted through the NRC review will be addressed and the need for proper documentation will be emphasized.
Additionally, as a result of the Division reorganization, the inspection reports w!11 be reviewed by a supervisory person new to the regulatory effort.
It is expected this review will result in more complete reports.
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Carlton C. 'Krammerer, Director:
June 30,.1987 Page 3 I
COMMENT:
a The staffing level for the uranium mill program. is
-inadequate.
(Enclosure 2, Item I)
RESPONSE
The staffing level for the uranium related activities was
' diminished because of the Division's' litigation activities under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)- against the State's two major uranium-mills.
As a result of these activities,- the Division has already hired one new employee as a full-time remedial action site coordinator for the Uravan mill.
It is.
expected that in the very near future, a second employee will be hired.to. oversee. the Cotter facility remedial actions.
Further, the individuals currently assigned to assisting the Attorney General's Office will return to the regulatory effort. This should resolve the staffing problem.
COMMMENT:
Inspec' tion reports and compliance letters for uranium mills were not completed in a timely manner.
(Enclosure 2, Item II)
RESPONSE
Part of the problem with the issuance of inspection reports and compliance letters was due to the staffing level.
This issue is resolved as discussed above.
In the case of the State not responding to a licensee's letter for five months, that response was prepared but not sent because of the sensitive nature of the settlement discussions surrounding the CERCLA lawsuit.
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Carlton C. Krammerer, Director June 30. 1987 Page 4-l COMMENT:
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Action on applications for seven minor amendments to uranium i
mill licenses have not been -completed.
Of -these, five
' require-appropriate' annual' financial assurance
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-determinations.
(Enclosure 2, Comment III)
RESPONSE
The problems associated with the issuance-of
" minor" i
l amendments for uranium licenses should be resolved. with the i
settlement of the two CERCLA suits and - the availability of regulatory staff.
Regarding the ' financial-assurance determinations, one ' site
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is potentially -involved with UMTRAP under-Title-I of I
PL-95;604.
Others are likely, to result in legal challenges to our authority toEquire full surety.
The - Division has already
. begun review-of the-financial assurance arrangements,. and ' has begun to evaluate staff and attorney requirements necessary to. fully - implement adequate surety arrangements.
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.We look forward to' your favorable review and finding of adequacy and compatibility of the Colorado program.
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y Thomas M. Vernon, M.D.
.i Executive Director
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l cc: Chairman Zech l
Commissioner Roberts Commissioner Asselstine Commissioner Bernthal Commissioner Carr Victor Stello, Executive Director for Operations, NRC T. Looby, Director Office of Health and Environmental Protection A. Hazie, Director Radiation Control Division R.D. Martin, Regional Administrator, Region IV, NRC State Public Document Room NRC Public Document Room l
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I DISTRIBUTION Chairman Zech
-Commissioner Roberts
.i Commissioner Bernthal Commissioner Carr
' Commissioner Rogers i
CKamerer, SLITP
~ Victor Stello, ED0 Robert D. Martin, NRC/RIV
. State Public Document Room
.NRC Public Document Room RLBangart, DRSS-JGilliland, PA0 WLBrown, RC WLFisher, NMEPB RJDoda, SA0 RSHeyer, URF0 GFSanborn, RSLO
.l DANussbaumer, SLITP DMSo11enberger, NMSS
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