ML22077A097
| ML22077A097 | |
| Person / Time | |
|---|---|
| Issue date: | 03/21/2022 |
| From: | Kevin Williams NRC/NMSS/DMSST |
| To: | Sclafani J State of MS, Office of the Governor |
| Meyer K | |
| References | |
| Download: ML22077A097 (5) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 Joseph Anthony Sclafani Policy Advisor and Counsel Office of Governor Tate Reeves Office of the Governor of Mississippi 550 High Street, Suite 1900 Post Office Box 139 Jackson, MS 39205
Dear Mr. Sclafani:
I am writing to discuss the results of the February 7-11, 2022, Integrated Materials Performance Evaluation Program (IMPEP) review, which evaluated the Mississippi Agreement State Program (the Program). The Agreement between the U.S. Nuclear Regulatory Commission (NRC) and Mississippi, which was signed in 1962, requires that the Program adequately protect public health and safety from the potential hazards associated with radioactive materials and maintain compatibility with NRCs program.
During the February 2022 IMPEP review, a number of significant program performance concerns were discovered. As a specific example, the review team determined that the Program did not maintain adequate records to assure inspections were conducted at the proper frequency. The Program could not determine how many inspections were overdue or conducted late because the Program was not tracking or maintaining this data. The IMPEP review team also identified significant quality issues with inspections. For example, the inspection documentation was incomplete and inconsistent and did not result in well-founded and properly documented reports for management review. Inspectors did not always provide the results of the inspections to the licensees. The review team also identified significant quality issues with licensing actions. For example, the Program was not following specific guidance in licensing new applicants or using the most current guidance for the review of license applications. The review team found that verification of training and experience requirements for medical authorized users was inconsistent with current State regulations. Medical material users have been authorized without providing proper documentation of training and experience.
The review team found problems with the incident and allegation process. For example, the Program took no action regarding a radiographers potential overexposure in spite of the licensees Radiation Safety Officers assessment that there was an overexposure. The Program divulged the name of an alleger to a licensee which is discouraged. Overall, the review team identified problems with management oversight by the former Radiation Control Program Director and first line supervisor, and poor documentation and recordkeeping as root causes for issues related to inspection timeliness, quality of inspections, quality of licensing actions, and quality of incident and allegation response.
These program performance concerns and the review teams preliminary findings were discussed with Mr. Jim Craig, Director of Health Protection, on the last day of the review. The March 21, 2022
J. Sclafani review teams draft IMPEP report, which will be transmitted to you by March 28, 2022, details these program performance concerns. The draft report is provided for the States review and comment prior to submitting the report to the Management Review Board (MRB). The MRB, which is composed of NRC managers and an Agreement State program manager. The MRB chair, will ultimately make the final decision on the status of the Program. Your response to the draft report is due April 22, 2022. The MRB meeting is tentatively scheduled for May 26, 2022.
In 2017, the Program was rated satisfactory for three indicators and satisfactory but needs improvement for the remaining three indicators. In 2022, the review team will recommend that two indicators be rated satisfactory but needs improvement and the remaining four indicators be rated unsatisfactory. NRC believes that the review teams preliminary findings indicate a significant negative program performance trend and warrant prompt attention by the State.
Therefore, NRC is requesting a meeting with you on April 12, 2022. John Lubinski, Director for the Office of Nuclear Material Safety and Safeguards, and Scott Morris, Regional Administrator for the NRCs Region IV Office will attend this meeting. This meeting will give the Program opportunity to address issues presented in the draft report and to discuss any corrective actions the Program wishes to present during the MRB meeting. We have enclosed a proposed agenda of discussion topics for our meeting.
Based on the results of the current IMPEP review, and in accordance with the criteria in the NRC Management Directive 5.6, the review team will recommend to the MRB that Program be placed on probation. Probation should be considered when degraded technical quality of inspection and licensing programs have, or could have, an adverse impact on public health, safety, security, or the environment; and previously identified programmatic deficiencies have gone uncorrected for a significant period of time beyond which the corrective actions had been originally scheduled for completion, and the MRB is not confident in the State's ability to correct such deficiencies in an expeditious and effective manner.
If the MRB agrees with the recommendation to place the Program on probation, the staff will provide the recommendation to the Commission for its approval. Your support in ensuring that the Mississippi Agreement State Program has the necessary resources and support to ensure the protection of public health, safety, security and the environment from the hazards associated with radioactive materials is crucial. I want to assure you that the NRC supports the objectives of the Program. We thank you for your commitment to this effort and look forward to our meeting with you and appropriate staff prior to the MRB meeting.
If you have any questions, please contact Kathy Dolce Modes at (215) 872-5804.
Thank you for your cooperation.
Sincerely, Kevin Williams, Director Division of Materials Safety, Security, State, and Tribal Programs Office of Nuclear Material Safety and Safeguards Signed by Williams, Kevin on 03/21/22
J. Sclafani
Enclosure:
Draft Agenda of Discussion Topics cc w/encl:
Ron Rogers, Director Division of Radiological Health Mississippi State Department of Health 3150 Lawson Street P.O. Box 1700 Jackson, MS 39215-1700 James Clark, Deputy Director Division of Radiological Health Mississippi State Department of Health 3150 Lawson Street P.O. Box 1700 Jackson, MS 39215-1700
DRAFT AGENDA OF DISCUSSION TOPICS MEETING WITH MISSISSIPPIS SENIOR LEVEL MANAGERS Osborne Building 570 East Woodrow Wilson Avenue, Jackson, MS 39215-1700 Tuesday April 12, 2022 8:30 - 11:00 a.m. CT NRC
Participants:
John Lubinski, Director for the Office of Nuclear Material Safety and Safeguards Scott Morris, Regional Administrator for the NRCs Region IV Office Mississippi
Participants:
Joseph Sclafani, Legal Counsel-Office of Governor Tate Reeves Thomas E. Dobbs III, MD, MPH, State Health Officer Dan Edney, Central Region Health Officer Jim Craig, Director of Health Protection Christy Craft, Director of Office of Emergency Planning and Management (OEPM)
Melanie Vail-Fuller and Dan Hall, Quality Improvement Team Ronald Rogers and Drew Clark, Radiation Control Program Director and Deputy Agenda:
a) Tour of 3150 Lawson Street Jackson, MS 39215-1700 by Mr. Rogers at 8:30 a.m.
b) Assemble in lobby of the Osborne building at 9:00 a.m.
c)
Introductions
d) Overview of February 7-11, 2022, IMPEP Review Team Findings e) Discussion of Root Causes of Program Performance Weaknesses i)
Management Oversight ii)
Documentation and Recordkeeping f)
National Materials Program Assistance g) Discussion of Possible Corrective Actions h) Next Steps Adjourn at 11:00 a.m.
Ltr ML22077A097 OFFICE NMSS/MSST NAME KWilliams DATE Mar 21, 2022