ML20246Q334
| ML20246Q334 | |
| Person / Time | |
|---|---|
| Issue date: | 03/21/1989 |
| From: | Kammerer C NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA) |
| To: | Luna J TENNESSEE, STATE OF |
| References | |
| NUDOCS 8903290016 | |
| Download: ML20246Q334 (3) | |
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-4 March 21, 1989
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Mr. J. W. Luna, Commissioner
. Distribution
-Department of Health and Environment SA RF RSA0's Cordell Hull Building Dir RF Tennessee File Nashville, TN 37219-5402 JLubenau RWoodruff i
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RTrojanowski
Dear Commissioner Luna:
l This is to confirm the discussion NRC representatives held on January 5, 1989, with you and selected members of your staff following our review visit to the State's Radiation Control Program.
Your staff was rep /esented by W. K. Scharber and M. H. Mobley.
The NRC was represented by R. L. Woodruff i
and J. O. Lubenau.
We appreciated the opportunity' to brief you on the Agreement States Program and to discuss with you our respective regulatory roles.
It was especially pleasing to our staff to hear your comments supporting the Division of Radiological Health and, in particular, your comments that the Environmental Specialist position vacancy would be filled.
j As you know, we were unable to offer a statement of compatibility following our January 1988 routine review in that the " State Regulations for Protection Against Radiation" were in need of revision.
Some progress has been made with respect to updating the State's regulations; however, j
additional revisions are still needed.
It is extremely important that Agreement State regulations be updated to maintain compatibility with NRC's regulations.
We believe the State should set a priority of placing revised regulations in effect this year so that the Tennessee program is compatible with NRC.
Mr. Mobley has been informed of the specific regulations that need revising.
3 We will continue to monitor the State's progress in this area, and also progress made on other comments made in our. letter of April 15, 1988.
Copies of the April 15, 1988 letter and the State's reply dated September 9, 1988 are enclosed for your information.
As discussed with Mr. Mobley, we believe that the next routine review of the program will be scheduled for December 1989.
Again, we appreciated your positive comments and we are looking forward to working with you as partners under the Agreement States Program.
If you have any questions, please do not hesitate to contact me.
Sincerely, Criginal Signed by Carlton Kammerer
'8903290016 890321 Y
PDR STPRG ESGTN PDC Carlton Kammerer, Director ff j State, Local and Indian Tribe Programs Office of Governmental and Public Affairs
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Dear Commissio\\ _ Luna:
DCD(SP01)-
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l This is to confirm the discussion NRC representatives held on January 6, 1
1989, with you andhelected members of your staff following our review visit j
to the State's' Radiation Control Program. Your staff was represented by j
W. K. Scharber and M.\\p. Mobley..The NRC was represented by R. L. Woodruff 1
and J. D. Lubenau.
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We appreciated the opportunity to brief you on the Agreement State Program and to discuss with you our respective regulatory roles.
It was especially pleasing to our staff to hear your comments supporting the Division of Radiological Health and, in particular, your comments that the Environmental j
Specialist position vacancy would be filled.
j
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l As you know, we were unable to offer a statement of compatibility following i
our January 1988 review in that the " State Regulations for Protection Against Radiation" were in need of revision. Some progress has been made with respect j
to updating the State's regulations; however, additional revisions are still.
1 needed.
It is extremely important that Agreement State regulations be updated to maintain compatibility with NRC's regulations. We believe the State.should set an objective of placing revised regulation in effect this year so'that a funding of compatibility can be made, s
Mr. Mobley has been informed of the specific regulations that need revising.
We will continue to monitor the State's progressLin this area, and also progress made on other comments made in our letter of April.15,1988.
Copies?
of the April 15,1988, -letter and the State's reply dated September 9,1988, are enclosed for your-information. As discussed with Mr. Mobley,.we believe that the next generic review of the program will be scheduled for December of this year.
Again, we appreciated your positive comments and we are looking forward to working with you as partners under the Agreement State Program.
If you have any questions, please do not hesitate to contact me.
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Sincerely,
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j Carlton Kannerer, Director \\
State, Local and Indian Tribe Programs Office.of Governmental and Publje Affairs
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Enclosures:
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Mr. J. W. Luna, Commissioner
.2 Enclosure -
1.
Commen ' letter date April 15, 1988 2.
State Re ly dated Septem r 9, 1988 3.
NRC'Acknow dgement
. dated De mber.27, 1988 cc: Victor Stello Executive Director for perations, NRC Malcolm L. Erns Acting Regional Admin trator,'RII Michael H. Mobley, Director Division of Radio gical Health NRC Public Document om l
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UNITED STATES NUCLEAR REGULATORY COMMISSION o
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WASHINGTON, D. C. 20665
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APR 151988 Mr. James E. Word, Commissioner j
~ Department of Pubile Health i
344 Cordell Hull Euilding Nashville, TN 37219
Dear Connissioner Word:
)
This is to confirm the discussian NRC Representatives held on January 29. 1988, with you and selected members of your staff following our review of the State's Radiation Control Program (RCP).
Your staff was represented by M. D. Huggins, M. T. Bruner, M. H. Mobley, C. P. West and D. Shultz. The NPC was represented 1
by R. L. Woodruff, H. R. Denton, J. O. Lubenau and W. J. Adam.
.j The results of our review indicate that the Tennessee Radiation Control Program is adequete to protect the public health and safety. However, we are unable to offer a statement of compatibility pending the State's corrective actions for a Cateoory I deficiency.
Status and Compatibility of Regulations is a Category I Indicator.
The State should adopt regulations to maintain a high degree of uniformity with the NRC regulations.
For those regulations deemed a matter of compatibility State l
regulations should be amended as soon 'as practicable but no later than three years after their adoption by NRC.
3 There have been several regulations adopted by NRC that the State needs to adopt to maintain compatibility.
These regulations are as follows:
I 1
(1) " Transportation Regulations Compatibility. With IAEA",10 CFR Part 71, effective September 6,1983; (2) " Transfer for Disposal and Manifest",10 CFR 20.311, effective December 27,1983; and (3) " Elimination of Exemption for Glass Enamel and Glass Enamel Frit", 10CFR40.13(c)(2), effective September 11, 1984 In addition, there have been other regulations' adopted by l
NRC since September 1984 that will be needed for compatibility.
An updated chronology of NRC amendments needed for compatibility and uniformity was provided to the State prior to the review.
We believe it is imperative that a
the State take the necessary actions to update the regulations to achieve compatibility with NRC.
We would appreciate receiving a schedule for accomplishing the updating.
Also, this will confirm the discussion with you and your staff concerning training for the program's technical staff. The nuclear industry regulated by Tennessee consists of a wide variety of complex licensees such as nuclear seedicine, nnelear phamacies, broad scope licensees, nuclear servicing and unanufacturing facilities, and low level waste brokers.
All of these are regulated by the~ Nashville office, in conjunction with the area offices located in Knoxville Chattanooga, and Memphis.
These factors create a need for continuing training or workshops for division personnel beyond the basic health physics training received by the employee or the courses. provided by NRC. We perceive the need for Tennessee to develop a continuing training program to M EM%
4
3 Mr. _ James' E. Word, Commissioner APR 151988 inform and cross train the employees of both the Nashville and the Area Offices in State regulatory practices.
As discussed, Mr. Woodruff.from our Region II office will be available to work with Mr. Mobley on this project.
We were pleased to learn that you also will support continuing education or training for the Division employees.
Enclosure I contains coments regarding the technical aspects of our review of the program.
These comments were discussed with Mr. Mobley and his staff during our exit meeting with him.
Mr. Mobley was advised at the time that a response to these findings would be requested by this office.
An explanation of our policies and practices for reviewing Agreement State programs is attached as Enclcsure 2.
Also, a copy of this letter is included for placement in the State Public Document Room or otherwise to be made available for public review.
On April 17, 1987, NRC reorganized its staff.
The State Agreement Program is i
now a part of the new Office of Governmental and Public Affairs, which reports to the Commission. One purpose of this organizational change was to provide an improved focus for NRC relationships with the States.
Our regional offices will continue to administer and implement NRC's regulatory programs, We encourage you and your staff to continue to look to the Regional Administrator and his staff as the primary contact with NRC.
l I appreciate the courtesy and cooperation extended by your staff to Mr. Woodruff during the review.
Sincerely, 6tiginal Signed by
^3riton Kammerer Carlton Kamerer Director State, Local and Indian Tribe Programs
Enclosures:
l 1.
Coments and Recommendations i
2.
Application of Guidelines cc w/encls:
I Victor Stello, Executive Director for Operations, NRC j
J. Nelson Grace, Regional Administrator, RII l
l s
M. D. Huggins, Deputy Commissioner Department of Public Health M. T. Brunner, Assistant Commissioner Bureau of Environment M. H. Mobley, Director, Division of Radiological Health NRC Public Document Room State Public Document Room Distribution and concurrence on next page:
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' Mr. James E. Word, Commissioner.
Distribution'w/epcis:
R. L. Woodruff /
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4 ENCLOSURE 1 COMMENTS AND RECOMMENDATIONS ON TCCHNICAL ASPECTS OF THE TENNESSEE RADIATION CONTROL PROGRAM FOR AGREEMENT PATERIALS 1.
$NAGEMENTANDADMINISTRATION Administrative Procedures is a Category II Indicator.
The following comment with our recommendation is made.
Comment The Radiation Control Program should establish written internal procedures l
to assure that the staff performs its duties as required and to provide a high degree of uniformity and continuity in regulatory practices for functions required of the program.
)
A.
The exchange of information is an important function of the program.
We noted that the State had 70 incidents during this review period that were reported to NRC.
Hcwever, a summary of the incidents was not available during the review.
Another copy of the All Agreement State letter, " Exchange of Information on Incidents Involving Radioactive Materials," dated July 22, 1986, was provided to Mr. West and Mr..Mobley.
The suggested fonnat for documention of incidents found in the letter is adaptable to a word processing system and allows for standardization and retrievability of the incident information by both our Agencies.
B.
We noted that the State does not have a specific procedure addressing the collection and processing of application fees and only the Administrative Supervisor could provide details of the fee assessment and collection procedure.
Another copy of the All Agreement State letter. " Suggested Content of Agreement State Administrative and Technical Procedures," dated May 13, 1987, was provided to Mr. Mobley and Mr. West.
Recommendation We recommend that the State reassess and develop their administrative procedures to provide 6 high degree of uniformity and continuity for functions required of the program and we also recommend that the State adopt the standard format for reporting incidents to NRC.
)).
COMPLIANCE Inspection Procedures.is a Category II Indicator.
The following comment is made with our recommendation.
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_ Comment During our previous review, we recommended that the State review their inspection procedures for consistency with the NRC guides.
l revise as needed, and implement the procedures into the compliance program.
The State replied that a review of the State's current inspection procedures was in progress. However, during this review, we were informed that this project was never completed.
Recommendation We recomend that the State complete their assessment and revision of the inspection' procedures and implement the procedures into the compliance program. We would like to have your schedule for comple-tion of this project.
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j ENCLOSURE 2-APPLICATION OF " GUIDELINES FOR NRC REVIEW OF AGREENENT STATE RADIATION CONTROL PROGRAMS" The " Guidelines for NRC Review of Agreement State Radiation Control Programs",
were published in the Federal Register on June 4.1987, as an; NRC Policy.
Statement.
The Guide provides 29 indicators for evaluating Agreement State -
i program area s.
Guidance as.to their relative importance to an Agreement State program is rrovided by categorizing the indicators into two categories..
j Category 1 indicators address program functions which directly relate to the State's abnity to protect the public health and safety.
If significant problems exist in one or more Category I indicator areas, then th'e need for improvements may be' critical, i
Category II indicators address program functions which provide essential technical and administrative support for the primary program functions.. Good-'
perfomance in meeting the guidelines for these indicators is essential in order'to avoid the development of-problems in one or more of the principal program areas, i.e., those that fall under Category I indicators. Category II indicators' frequently can be used to identify underlying. problems that are causing, or-contributing to, difficulties.in Category I indicators.
It is the NRC's intention to use these categories in the following manner.
In reporting findings to State management, the NRC will ~ indicate the category of.
each comment made.
If no. significant-Category I comments are provided, this will indicate that the program is adequate to protect the public health and safety and is compatible with the NRC's program.
If one or more significant Category I comments are provided, the State - will be notified that.the program deficiencies may seriously affect the State's ability to ' protect 'the public health and safety and that the need of improvement-in particular program areas is critical.
If, following receipt and evaluation, the State's response appears satisfactory in addressing the significant Category I comments..the staff may offer findings of adequacy and compatibility as appropriate or. defer such offering until the State's actions are examined and their effectiveness confirmed in. a subsequent review.
If additional information'is needed to 3
evaluate the btate's actions, the staff may request the infonnation through follow-up correspondence or perfonn follow-up or.special, limited review. NRC' staff may hold a special meeting with appropriate State representatives.. No.
1 significant items will be left unresolved over a prolonged period.
The Conuission will be infomed of the results-of the reviews of the' individual' Agreement' State programs and copies of the review correspondence to the States will be placed in the NRC Public Document Room.
If the State program does not improve or if additional significant Category I deficiencies have. developed, a staff finding that the program is not adequate will' be considered and the NRC may institute proceedings to suspend or revoke all or part of the Agreement in accordance with Section 274j of the Atomic Energy Act of 1954 as amended.
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-. STATE OF TENNESSEE DEPARTMENT OF HEALTH AND ENVIRONMENT i
i" CORDELL MtiLL BUILDING 1
NASHVILLE, TENNESSEE 37219 5402 j
(!EO tecWHERTER -
J.W. LUNA i
eovenssoa coesasisseoman 1
q September 9, 1988 i
Mr. Carlton Kanonerer,. Director State, Local and Indian Tribe Programs United States Nuclear Regulatory Commission.
Washington, D.C.
20555
Dear Mr. Kammerer:
1 Thank you for your. letter of April 15, 1988 regarding the Nuclear Regulatory Commission (NRC) review of Tennessee's Radiation Control Progran (RCP).
The i
. Department's response to the NRC's comments and recomunendations is enclosed.
I As discussed during the management overview, the RCP readily acknowledges the problem of dela NRC regulations,y in adopting regulations to maintain compatibility with the We have - instituted within the RCP an expedited process of getting - NRC regulations into the state administrative process and we are instituting a more aggressive tracking, procedure.-
RCP regulations ~ regarding
" Transfer for Disposal and Manifest" will be ' ef feetive August. 25,.1988.
We.
have no way of scheduling the update process, but we will ; implement a more aggressive pursuit of the updating process.
4 The RCP presently pursues training at every opportunity, however, with' increasing cost and decreasing resources it is becoming increasingly difficult to provide needed training.
There were. plans to introduce ' some formal ' in-house training; but personnel constraints may negate that effort.- The RCP recognizes the large ' number and the uniqueness and complexity of. its major licensees and is working diligently to ensure at least' minimum standards for protection of the public and. environment are being. set, not only at ite licensed facilities but also at various federal facilities that possess unregulated radiation sources.
Any assistance the NRC could; give in this area would be appreciated.
j We have been very pleased with the e f festiveness of the State, Local and i
1 Indian Tribe Programs under the re-organization, and we are also, pleased with i
the interest the program management has shown in agreement states and in Tennessee.
We believe the agreement states have achieved a higher profile.
i with the Nuclear Regulatory Commission and its staf f, and we appreciate the excellent rapport which characterizes relations between Tennessee and-the NRC.
Sincerely
.W.
LUNA Commissioner
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v Enclosure #1-Response to comments and recommendations on technical aspects of the Tennessee Radiation Control Program:
L Management and Administration; The Radiation Control Program recognizes the need for written i
internal procedures and has efforts underway to more fully institutionalize current procedures.
j A.
A procedure incorporating the NRC format for documentation of l
incidents has been implemented.
Computerization of the system I
is being pursued.
B.
Because of the timing of Mr. Woodruff's visit during our heaviest fee collection period and the loss of fee collection staf f, our Administrative Supervisor was extremely busy during the review.
Due to the situation, it was not possible to adequately respond to Mr. Woodruff's questions concernin;I procedures for fee collection.
II.
Compliance; As noted for iten I., we have begun a separate effort involving oi.ar Technical Services Section to more formally document all our j
procedures.- They are beginning with the RAM inspection procedures.
)
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DECl'III88 Mr. J. W. Luna, Commissioner Department of Health and Environment Cordell Hull Building Nashville, TN 37219-5402
Dear Commissioner Luna:
Thank you for your letter of September 9, 1988, responding to our comments and recommendations following our 1988 review of the Department's Radiation Control Program.
1 We were pleased to learn that Tennessee has implemented a more aggressive pursuit of the regulation updating process, and regulations regarding " Transfer for Disposal and Manifest" which became effective on August 25, 1988.- We also understand that the regulation package contained other " provisions" that are needed for compatibility.
We will need to review these updated regulations J
before compatibility can be determined.
Mr. West of your ratsiation control program staff has agreed to provide a copy of the revised regulations to Mr. Woodruff in our Region II office.
After our Region II office. has had an opportunity to review your revised regulations, we.would like to have an informal meeting with your staff to -
assess progress made by the, State since our last review. At the conclusion of this meeting, we would also like the opportunity to discuss our. findings with you and to receive your comments regarding our Agreement State Program.
If agreeable with you and your, staff, we would like to hold this meeting in January of 1989.
Mr. Woodruff of our Region II office will contact Mr. Mobley to establish a firm date for the meeting.
If you have any questions, please feel free to contact me at any time.
Sincerely, Otipnal Wd D Cattion kmmeter Carlton Kammerer, Director State, Local and Indian Tribe Programs cc: Victor Stello, Executive Director for Operations,' NRC Malcolm L. Ernst, Acting Regional Administrator, RII Michael H. Mobley, Director, Division of Radiological Health NRC Public Document Room State of Tennessee PDR ~R 7
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