ML25149A168
| ML25149A168 | |
| Person / Time | |
|---|---|
| Issue date: | 06/04/2025 |
| From: | Adelaide Giantelli NRC/NMSS/DMSST/ASPB |
| To: | Jessica Bielecki, Dan Collins, Robert Lewis, John Lubinski NRC/EDO/DEDMRS, Office of Nuclear Material Safety and Safeguards, NRC/OGC, NRC Region 1 |
| References | |
| Download: ML25149A168 (1) | |
Text
MEMORANDUM TO:
Rob Lewis Deputy Executive Director for Nuclear Materials, Administrative, and Corporate Programs Office of the Executive Director for Operations John Lubinski, Director Office of Nuclear Material Safety and Safeguards Jessica Bielecki, Acting Deputy General Counsel for Legislation, Rulemaking, And Agency Administration Office of the General Counsel Dan Collins, Deputy Regional Administrator Region I FROM:
Adelaide S. Giantelli, Chief State Agreement and Liaison Programs Branch Division of Materials Safety, Security, State, and Tribal Programs Office of Nuclear Material Safety and Safeguards
SUBJECT:
WASHINGTON PERIODIC MEETING
SUMMARY
This memorandum transmits to the Management Review Board (MRB) the draft summary documenting the results of the Periodic Meeting (Enclosure 1) of the Washington Agreement State Program (Washington) conducted on April 15, 2025. Based on discussions during the periodic meeting, staff found that Washington has completed most of the tasks outlined in the April 15, 2025, Program Improvement Plan in the NRCs Agencywide Documents Access and Management System Accession No. ML25090A181, and is on track to address the recommendations identified during the 2024 Follow-Up IMPEP review. As a result, staff recommends that the next full IMPEP review be performed in 2026, as determined by the MRB following the 2024 IMPEP review.
CONTACT: R. Lee Smith, NMSS Lee.Smith@nrc.gov June 4, 2025 Signed by Giantelli, Adelaide on 06/04/25
MRB Members A Special MRB meeting to discuss the results of the periodic meeting held with Washington has been scheduled for Tuesday, July 15, 2025, from 1:00 p.m. to 2:45 p.m. ET. The MRB meeting is scheduled to be conducted as a hybrid meeting on via Microsoft Teams. The NRC will provide you with Microsoft Teams connection information prior to the MRB meeting.
In accordance with Management Directive 5.6, the meeting is open to the public. The agenda for this meeting is provided as Enclosure 2
Enclosures:
1.
Draft Washington Agreement State Program Periodic Meeting Summary 2.
Washington Agreement State Program MRB Meeting Agenda
INTEGRATED MATERIALS PERFORMANCE EVALUATION PROGRAM PERIODIC MEETING WITH THE STATE OF WASHINGTON TYPE OF OVERSIGHT: HEIGHTENED OVERSIGHT April 15, 2025
PERIODIC MEETING PARTICIPANTS NRC Tammy Bloomer, Division Director, Division of Radiological Safety and Security, Region IV Farrah Gaskins, Regional State Agreements Officer, Division of Radiological Safety and Security, Region I Randy Erickson, Regional State Agreements Officer, Division of Radiological Safety and Security, Region IV (virtual only)
STATE OF WASHINGTON Jill Wood, Director, Office of Radiation Protection John Martell, Deputy Director, Office of Radiation Protection Dane Blakinger, Materials Section Supervisor Jason Michaelson, Waste Section Supervisor Paul Smith, SummitET (Contractor)
Angela, Leek, SummitET (Contractor)
Washington Periodic Meeting Summary 1
1.0 INTRODUCTION
This report presents the results of the periodic meeting held between the U.S. Nuclear Regulatory Commission (NRC) and the State of Washington. The meeting was held on April 15, 2025, and was conducted in accordance with Nuclear Materials Safety and Safeguards (NMSS)
State Agreements procedure SA-116, Periodic Meetings between IMPEP Reviews, dated June 3, 2009.
The Washington Agreement State Program (the Program) is administered by the Radioactive Materials (Materials Section) and Waste Management Sections (Waste Section) which are in the Office of Radiation Protection (the Office). The Office is located within the Environmental Public Health Division (the Division), which is in the Washington State Department of Health (the Department). At the time of the meeting, the Washington Agreement State Program regulated approximately 310 specific radioactive materials, radioactive waste processing, low-level radioactive waste (LLRW), and uranium recovery (UR) licenses authorizing possession and use of radioactive materials. The review focused on the Washington Agreement State Program as it is carried out under the Section 274b. (of the Atomic Energy Act of 1954, as amended) Agreement between the NRC and the State of Washington.
A regulatory fee evaluation was completed for the Radioactive Materials Section to determine if a fee increase was warranted. As a result in November of 2024, a 31% license fee increase went into effect. In addition to the increase, all unfunded discounts were ended, such as multiple location discounts. This increase ensures the Section is sustainable and resilient for growth and stability.
The Program last underwent a follow-up Integrated Materials Performance Evaluation Program (IMPEP) review from April 8 -12, 2024. The report can be found in NRCs Agencywide Documents Access and Management System under Accession Number ML24264A149. The follow-up IMPEP review focused on the performance indicators Technical Staffing and Training; Status of Materials Inspection Program; Technical Quality of Inspections; Technical Quality of Licensing Actions; Technical Quality of Incident and Allegation Activities; and Legislation, Regulations, and Other Program Elements.
Washingtons performance was found satisfactory for the two performance indicators: Technical Quality of Inspections; and Legislation, Regulations, and Other Program Elements.
Washingtons performance was found satisfactory but needs improvement for the two performance indicators: Technical Staffing and Training and Technical Quality of Licensing Actions. Washingtons performance was found unsatisfactory for two performance indicators:
Status of Materials Inspection Program and Technical Quality of Incident and Allegation Activities. The team did not review the Sealed Source and Device (SS&D) Evaluation Program, LLRW Disposal Program, or UR Program indicators because they were found to be satisfactory during the 2022 IMPEP review. These three indicators were discussed at a periodic meeting held on April 11, 2024, concurrent with the follow-up review. As a result of the follow-up IMPEP, four new recommendations were opened, two recommendations from the 2022 IMPEP were modified, and four remained opened.
The NRCs Management Directive 5.6, Integrated Materials Performance Evaluation Program (IMPEP), states if the Management Review Board (MRB) finds a States program is satisfactory but needs improvement for one or two performance indicators and is satisfactory for all remaining performance indicators, the MRB should consider whether the States overall program is adequate or adequate but needs improvement to protect public health and safety.
Accordingly, the MRB Chair found Washingtons radiation control program adequate to protect
Washington Periodic Meeting Summary 2
public health and safety but needs improvement and compatible with the NRC's program. The MRB Chair determined that the next periodic meeting take place in 1 year and the next IMPEP review will take place 2 years after the date of the last IMPEP review. Therefore, based on the results of the IMPEP review, the MRB Chair agreed with the teams recommendation that the period of heightened oversight be continued.
2.0 COMMON PERFORMANCE INDICATORS Five common performance indicators are used to review the NRCs Regional Office and Agreement State radioactive materials programs during an IMPEP review. These indicators are (1) Technical Staffing and Training, (2) Status of Materials Inspection Program, (3) Technical Quality of Inspections, (4) Technical Quality of Licensing Actions, and (5) Technical Quality of Incident and Allegation Activities.
2.1 Technical Staffing and Training: (2024 IMPEP Rating: Satisfactory, but needs improvement)
The Materials Section, when fully staffed, comprises 11 staff members, which includes 1 database manager, an administrative assistant, and 9 technical staff. The technical staff perform both licensing and inspection-related activities. At the time of the meeting, the Materials Section had no vacancies. Washington staff are continuing to work towards licensing and inspection qualifications. In addition, Washington has hired contractors to assist with performing licensing and inspection work to assist in the areas where staff are still undergoing qualifications. Since the 2024 follow-up IMPEP review, a section supervisor and two technical staff members were hired into the program.
There was one recommendation in this indicator for Washington consider.
Recommendation: Washington should review, revise, and update the training and qualification requirements for all aspects of its Agreement State Program to ensure the essential objectives of the Inspection Manual Chapter (IMC) IMC 1248,1248 appendices A, B, E, H, and I are adopted.
Status: Washington has five associated tasks outlined in their performance improvement plan (PIP) to address this recommendation. Washington updated their training procedure to address deficiencies identified during the review of their former procedure. This included adding training courses that were required for materials inspectors. The procedure was also updated to provide guidance on the justification and documentation of interim qualifications. Washington reported that the procedure was finalized, and training provided to the staff in February 2025. At the time of the meeting, Washington noted that the procedure was being implemented.
2.1.1 Status of the Materials Inspection Program: (2024 IMPEP Rating: Unsatisfactory)
Washingtons inspection frequencies are the same or more restrictive than the NRCs inspection frequencies listed in IMC 2800. The Radioactive Materials Section has performed 27 Priority 1, 2, and 3 inspections since the 2024 IMPEP. At the time of the periodic meeting, there were two overdue Priority 2 inspections and seven Priority 3. Washington planned to prioritize the overdue inspections and perform them by December 31, 2025. In addition, there were three initial inspections completed since the 2024 IMPEP. At the time of the periodic meeting, two additional initial inspections were planned to be completed by the end of April 2025. The were no initial inspections overdue.
Washington Periodic Meeting Summary 3
Washington reported that since the 2024 IMPEP review, two candidate licenses were inspected under reciprocity. Washington reported that a risk basis is used for determining which candidates to inspect for reciprocity. The risk and safety significance of the licensee as well as the performance of the licensee in their home state is considered when determining which candidates to inspect.
The 2024 IMPEP resulted in two recommendations in this indicator.
Recommendation: Perform a root cause analysis of the cause for overdue inspections and provide a list of corrective actions with a schedule to complete the implementation of the corrective actions within 6 months.
Status: Washington has seven associated tasks outlined in their PIP to address this recommendation. The Section established a team to perform a root cause analysis of the cause for overdue inspections. The team met three times to perform the analysis and identified root causes and corrective actions. The recommendation required Washington to submit the analysis to the director of Materials Safety, Security, State, and Tribal Programs, which occurred on March 12, 2025. Washington identified six contributing factors which included workforce challenges, training issues, insufficient management oversight, operational efficiencies, database issues and impacts of major incidents. As a result of the issues identified, Washington has begun implementation of corrective actions and plans to complete them by December 31, 2025.
Recommendation: Implement an effective management tool to track the status of the inspection program. Include a schedule of actions to complete implementation within 6 months.
Status: Washington has four associated tasks outlined in their PIP to address this recommendation. Washington is developing a database that will track inspection due dates. At the time of the periodic meeting, Washington reported that the database should be available for full use by the end of August. In the interim, Washington has created an Excel spreadsheet that lists the inspections due through the end of 2025. Washington also reported that the inspection procedure was updated in April 2025 to include the use of the Excel spreadsheet.
2.1.2 Technical Quality of Inspections: (2024 IMPEP Rating: Satisfactory)
The Program uses inspection procedures that are consistent with the inspection guidance outlined in the NRCs Inspection Manual Chapter 2800. All inspection reports require the review and approval of the section supervisor before issuance. The Radioactive Materials section has contracted with experts external to the program for assistance with inspections. The contracted staff assist with training staff working toward qualifications. Washington plans to request assistance from the NRC to accompany inspectors to observe inspections in an effort to maintain alignment with the NRC and Washington. The Section's most pressing challenge is qualifying inspectors and license reviewers. Significant turnover in the section has resulted in a generally inexperienced team.
The Materials Section staff continue to pursue interim qualifications for each modality, as outlined by internal procedures and in accordance with IMC 1248. Washington has been given priority status for the NRC training in an effort to qualify staff. To date, the training needs have been accommodated by the NRC. The section can independently qualify inspectors and will continue to utilize assistance from state partners and the NRC to accomplish this.
Washington Periodic Meeting Summary 4
The Materials Section reported that the section supervisor is required to complete one accompaniment with each inspector per year. The section reported that they maintain that standard and all inspection accompaniments were completed in 2024. In addition, the radioactive materials section is on track to complete inspector accompaniments for all inspectors in 2025.
There were no recommendations made for this indicator in the 2024 follow-up IMPEP.
2.1.3 Technical Quality of Licensing Actions: (2024 IMPEP Rating: Satisfactory but needs Improvement)
Since the 2024 IMPEP review, the Materials Section completed 157 licensing actions which included 106 amendments, 44 renewals, 2 new licenses, and 5 terminations. The Materials Section uses the NRC guidance documents (e.g. NUREG-1556 Series guidance, Pre-licensing Guidance, and Risk Significant Radioactive Materials (RSRM) Checklists when completing licensing actions.
During the 2024 follow-up IMPEP review, the team found that most of the cases reviewed were thorough, complete, consistent and of high quality. Of the 23 cases reviewed during the follow-up IMPEP, the team identified inconsistencies in 9 of them regarding the use of non-standard license conditions, the implementation of quality assurance checklists, protection of sensitive information, and review of financial assurance. The radioactive material section has been working on a significant backlog of licensing actions. Washington reported that they have used an outside contractor with qualified license reviewers that assisted with reducing the backlog as well as training staff in licensing. Washington reported that with the assistance of the contractors, they have been able to reduce 85% of their licensing backlog. At the time of the meeting, there were 10 licenses that had been in progress for over a year.
There were three recommendations made for this indicator in the 2024 IMPEP.
Recommendation: Washington should revise their licensing procedure to be compatible with the NRC's NUREG-1556 licensing guidance. The revised licensing procedure should also include a periodic assessment or audit to review a smart sampling of completed licensing actions to ensure proper issuance of licenses with the appropriate NUREG-1556.
Status: Washington has nine associated tasks outlined in their PIP to address this recommendation. Washington conducted a review of Radioactive Materials Section licensing procedure to determine the inconsistencies with the NUREG 15656 series. Washington discussed the procedure with the NRC staff as well as contractor staff to ensure compatibility.
The Radioactive Materials section will make updates to the procedure as deficiencies are identified and consider this an ongoing process. Washington identified that staff have not been following the procedure consistently, and have been working to train staff on the new procedures and highlight the importance of consistently following them.
Recommendation: Washington should develop and implement a process to ensure that financial assurance mechanisms are received and maintained for each licensee subject to financial assurance, and that the mechanisms meet the criteria of NRC's NUREG-1757, Volume 3, Revision 1, Financial Assurance, Recordkeeping and Timeliness. Perform an assessment to identify issues with financial assurance with existing licenses.
Status: Washington has eight associated tasks outlined in their PIP to address this recommendation. Washington reported that they are in process of developing a procedure and plan to have it updated and approved by May 30, 2025.
Washington Periodic Meeting Summary 5
Recommendation: Washington should develop and implement a written procedure for the marking and handling of sensitive documents.
Status: Washington has seven tasks associated with this recommendation. Washington has assigned staff to form a working group to begin developing a procedure for the handling of sensitive materials. No additional actions were taken on this recommendation at the time of the periodic meeting.
2.1.4 Technical Quality of Incident and Allegation Activities: (2024 IMPEP Rating:
Satisfactory, but needs improvement)
Since the 2024 IMPEP, Washington reported that two allegations and three concerns were referred to them by the NRC. Allegations were closed after an investigation was conducted. The concerns were minor issues that presented no health and safety impacts to the public. Each of the concerns was investigated and resolved. There were five reportable events since the 2024 IMPEP. Events are reported to Washington via a state-wide emergency response number.
Initial information is recorded by the emergency response duty officer who then routes the initial event details to the administrative assistant in the Materials Section. All events were reported to the NRC in accordance with State Agreements (SA) Procedure SA-300, Reporting Material Events. Washington reported that there were two significant events that may have had generic implications. These events represented a possible overexposure from a radiography source due to a radiographer miscommunication. The two events were from the same licensee. The generic implication is that this licensee requires increased oversight from the department to ensure that public health is protected. A reactive inspection was conducted and a Notice of Correction which issued a violation (the highest severity).
The 2024 follow-up IMPEP team identified that Washington had updated its incident and allegations procedures to be compatible with the NRC procedures and directives. The team noted that those procedures had not been implemented. Washington had improved its protection of the identities of concerned individuals, under its allegation response program, but program staff were not consistently following up with those concerned individuals or documenting the completion of follow-up activities. As a result, the team revised two of the recommendations from the 2022 IMPEP.
Recommendation: Washington should revise its allegation and incident procedures to include necessary follow-up actions (e.g., ensure proper and complete documentation of the closure of incidents and allegations, ensure that follow-up inspections are scheduled and completed, ensure that management is consulted in follow-up and closure activities), and to assure that the updated procedures are implemented and followed.
Status: Washington has seven associated tasks outlined in their PIP to address this recommendation. The Radioactive Materials Section is in the process of revising its allegation and incident procedures. Currently, all incidents and allegations must be reported to the section supervisor for determination of required follow-up and closure activities. This is captured on an internal incident reporting form that aligns section response with the requirements of SA-300. All incidents and allegations are reviewed by the section supervisor. Significant follow-up actions, or closure of any items are reported by the section supervisor to Office of Radiation Protection management and federal partners.
Washington Periodic Meeting Summary 6
Recommendation: Washington should locate all allegation records received during the review period and assess whether appropriate closure actions were taken; and verify that the allegation files were complete, accurate, and documented in the tracking system, including management oversight and approval of any audits of the electronic allegation files and tracking system.
Status: Washington has four associated tasks for his recommendation. The section has a database that is used to track incidents and allegations. Washington reported that many of the allegation files had been on the personal computers of former staff. Washington has been able to gain access to the file and have assigned staff to go through files to ensure the documentation is completed.
3.0 NON-COMMON PERFORMANCE INDICATORS Four non-common performance indicators are used to review Agreement State programs:
(1) Compatibility Requirements, (2) SS&D Evaluation Program, (3) LLRW Program, and (4) UR Program. The NRCs Agreement with Washington relinquishes regulatory authority for all four, so all non-common performance indicators were discussed.
3.1 Legislation, Regulations and Other Program Elements: (2024 IMPEP Rating:
Satisfactory)
The Program reported that there have been no legislative changes impacting the Program since the 2024 IMPEP review. At the time of the periodic meeting there were no amendments overdue for adoption. Regulations applicable to the Washington Agreement State Program are not subject to sunset requirements. The office of Radiation Protection along with regulatory affairs staff conduct an annual review for any necessary regulatory updates.
At the time of the 2022 IMPEP review, the team found that Washington had placed non-standard license conditions on Washington licenses prior to sending them to the NRC for a compatibility review. As a result, that team recommended that Washington review all their license conditions, identify non-standard license conditions, and submit any non-standard license conditions identified to the NRC for a compatibility review. Washington informed the 2024 team that this task had been assigned to a former employee who had performed a review of all their license conditions and identified one non-standard license condition which Washington then submitted to the NRC for a compatibility review. During the 2024 review, the team identified additional non-standard license conditions that had not been previously identified during Washingtons extent of condition review. Because of this, the team recommended that the recommendation remain open.
Recommendation: Washington should perform a review of all their license conditions, identify non-standard license conditions, and submit the non-standard license conditions to the NRC for a compatibility review.
Status: With the help of contractors, Washington conducted a review of licenses for non-standard license conditions. Washington reported that non-standard conditions found during the extent of condition review were removed from licenses during license renewal or amendment. The management review of completed actions will include a review of non-standard conditions. Washington completed a review of all their standard license conditions and will do a review of the remaining licenses to ensure there are no non-standard conditions remaining.
Washington Periodic Meeting Summary 7
3.2 SS&D Evaluation Program: (2024 IMPEP Rating: Not reviewed)
This indicator was not reviewed during the 2024 IMPEP but was discussed in the periodic meeting held concurrently. While Washingtons agreement with the NRC does authorize an Sealed Source and Device Evaluation Program (SS&D), Washington does not have a highly active program. Washington is evaluating whether to continue to maintain an SS&D Evaluation Program. At the time of the periodic meeting, there were no qualified SS&D reviewers on staff.
They previously used another agreement state to perform SS&D reviews and plan to reinstate the contract to maintain ongoing support. Since the 2024 IMPEP, the state has not received any SS&D amendment requests.
3.3 UR Program: (2024 IMPEP Rating: Not reviewed)
This indicator was not reviewed during the 2024 IMPEP but was discussed in the periodic meeting held concurrently. The UR Program is housed in the Radioactive Waste Section. The UR Program has two hydrogeologists and a part-time environmental engineer. One of the hydrogeologists is fully qualified in inspection and licensing. The other is fully qualified in inspection and is working on becoming qualified in licensing.
At the time of the periodic meeting, there were no overdue inspections. There were also no overdue inspections performed since the 2024 periodic meeting. There were also no initial inspections required. The manager completed inspector accompaniments. There were no allegations referred by the NRC and no significant events. Since this indicator was not reviewed during the 2024 IMPEP, the recommendation made during the 2022 IMPEP remained open.
The 2022 IMPEP team found that for the UR Program indicator, Washington did not have a training and qualification program for UR staff that was equivalent to NRCs IMC 1248, Appendices H and I.
Status: Washington reported that this recommendation was completed in 2023. The recommendation will be addressed during the next IMPEP review.
3.4 LLRW Disposal Program: (2024 IMPEP Rating: Satisfactory)
At the time of the periodic meeting, the Waste Section licensed one site. There is one project lead that is fully qualified for inspection and licensing. At the time of the periodic meeting, there were no vacancies in the section. Washington reported that they have adequate FTE to cover the program.
There were no overdue inspections at the time of the periodic meeting. Since the 2024 periodic meeting, there were no inspections performed overdue and there were no initial inspections that needed to be performed. Inspector accompaniments had been completed for 2024 and 2025.
The Waste Section continues to perform annual. The Waste Section supervisor reviews and approves all letters and inspection reports.
The Program reported that no allegations were received directly by the Program or referred by the NRC in the LLRW Disposal Program or UR program areas. The Waste Section also experienced no significant events.
Since this indicator was not reviewed during the 2024 IMPEP, the recommendation made during the 2022 IMPEP remained open. The 2022 IMPEP team found that for the LLRW program indicator, Washington did not have a training and qualification program for UR staff that was equivalent to NRCs IMC 1248, Appendix E.
Washington Periodic Meeting Summary 8
Status: Washington reported that this recommendation was completed in 2023. The recommendation will be addressed during the next IMPEP review.
4.0
SUMMARY
The Washington Program continues to work on items identified during the 2024 IMPEP review.
Washington submitted an updated PIP in October 2024 and have been actively working to address recommendations. Individuals hired as contractors by Washington to assist with licensing, inspection and training staff have helped to address the licensing backlog as well as training staff in both inspection and licensing. Washington has been able to hire staff to fill key supervisory positions and it has been reported that they have a more stable staff.
Washington reported that there are challenges that are hindering the completion of the items addressed in the PIP. Management reported that there have been significant budget shortfalls and governor directives that have impacted the available time to work on completion of several items.
New estimated completion dates have been established.
At the time of the periodic meeting, there were no vacancies in the program, however there were overdue inspections. The various issues identified by the 2024 IMPEP team across the Program are in process or completed.
The NRC staff recommends that the next IMPEP review for the Washington Program be conducted as scheduled in 2026.
1 Agenda for Management Review Board Meeting July 15, 2025, 2025, from 1:00 p.m. to 2:45 p.m. ET, O-17B04 1.
Announcement of Public Meeting to all attendees and request for identification of any members of the public participating in this meeting.
2.
MRB Chair convenes meeting. Introduction of MRB members, NRC staff members, State representatives, and other participants.
3.
Discussion of the Periodic Meeting held with the Washington Agreement State Program 4.
Adjournment
ML25149A168 OFFICE NMSS/MSST R-I/DNMS NMSS/MSST/SLPB NMSS NAME LSmith FGaskins SFlaherty DSilberfeld DATE May 30, 2025 May 30, 2025 May 30, 2025 Jun 2, 2025 OFFICE NMSS/MSST/SMPB NAME AGiantelli DATE Jun 4, 2025