ML25234A060
| ML25234A060 | |
| Person / Time | |
|---|---|
| Issue date: | 08/22/2025 |
| From: | Shawn Seeley Decommissioning, ISFSI, and Reactor Health Physics Branch |
| To: | Perham C State of RI, Dept of Health |
| References | |
| Download: ML25234A060 (1) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION REGION I 475 ALLENDALE ROAD, SUITE 102 KING OF PRUSSIA, PA 19406-1415 Catherine Perham, Supervising Radiological Health Specialist Division of Healthcare Quality and Safety Radiological Health Section Rhode Island Department of Health 3 Capitol Hill Providence, RI 02908
SUBJECT:
RHODE ISLAND PERIODIC MEETING
SUMMARY
Dear Catherine Perham:
A periodic meeting was held with you and your staff on April 22, 2025, at your office in Providence, Rhode Island. The purpose of this meeting was to review and discuss the status of the Rhode Island Agreement State Program. The scope of the meeting was limited to activities conducted by the Radiological Health Section. The U.S. Nuclear Regulatory Commission was represented by Jacob Zimmerman, Division Director, Division of Radiological Safety and Security, and me.
I have completed and enclosed a general meeting summary, including any specific actions resulting from discussions. Based on the criteria established in Section IV.D.1 of the Office of Nuclear Material Safety and Safeguards Procedure SA-116 Periodic Meetings between IMPEP Reviews, a Management Review Board meeting for this periodic meeting is not required at this time.
If you feel that our conclusions do not accurately summarize the meeting discussion or have any additional remarks about the meeting in general, please contact me at 610-337-5102, or by email at shawn.seeley@nrc.gov.
Sincerely, Shawn W. Seeley Regional State Agreements Officer Division of Radiological Safety and Security
Enclosure:
Rhode Island Periodic Meeting Agenda August 22, 2025 Signed by Seeley, Shawn on 08/22/25
C. Perham cc:
Joseph Catalano, Deputy Director Division of Healthcare Quality and Safety Jacqueline Kelley, Associate Director Division of Healthcare Quality and Safety
INTEGRATED MATERIALS PERFORMANCE EVALUATION PROGRAM PERIODIC MEETING WITH THE STATE OF RHODE ISLAND TYPE OF OVERSIGHT: NONE April 22, 2025
PERIODIC MEETING PARTICIPANTS NRC Jacob Zimmerman, acting Director, Division of Radiological Safety and Security Shawn Seeley, Regional State Agreements Officer State of Rhode Island Jacqueline Kelley, Director, Division of Healthcare Quality and Safety (DHQS)
Joe Catalano, Deputy Director, DHQS Catherine Perham, Supervising Radiological Health Specialist Dennis Klaczynski, Senior Radiological Health Specialist Gbenga Elegbede, Radiological Health Specialist Jared Brokke, Radiological Health Specialist
Rhode Island Periodic Meeting Summary Page 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 Rhode Island (RI). The meeting was conducted in accordance with the Office of Nuclear Material Safety and Safeguards Procedure SA-116 Periodic Meetings between IMPEP Reviews, dated October 6, 2021.
The meeting focused on the radioactive materials program as it is carried out under Section 274b.(of the Atomic Energy Act of 1954, as amended) Agreement between the NRC and the RI. The Rhode Island Agreement State Program is administered by the Radiation Control Agency (the Agency) which is located within the Center for Health Facilities Regulation (the Center). The Center is part of the Rhode Island Department of Health (the Department). The Program is managed by the Supervising Radiological Health Specialist and Chief of Center for Health Facilities Regulation.
At the time of the periodic meeting, the Rhode Island Agreement State Program regulated approximately 40 specific licenses authorizing possession and use of radioactive materials.
Since the October 16-19, 2023, Integrated Materials Performance Evaluation Program (IMPEP) review, there have been no changes to the organizational structure. A Management Review Board (MRB) meeting to discuss the outcome of the 2023 IMPEP review was held on January 17, 2024. The team found that Rhode Islands performance was satisfactory for all six 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.
The 2023 IMPEP team recommended and the MRB Chair agreed to close two of the three previous recommendations, and the recommendation related to accessibility of licensing and inspection documentation remain open with modifications, and be moved from the Technical Staffing and Training performance indicator to the Technical Quality of Licensing Actions performance indicator. The team recommended and the MRB Chair agreed that three of the 2021 recommendations be closed and the fourth one modified.
The recommendation was modified to read: Recommend that Rhode Island management take measures to ensure licensing and inspection documentation is complete and stored in a centralized filing system.
Based on the findings and the criteria in the NRC Management Directive 5.6, Integrated Materials Performance Evaluation Program (IMPEP), the team recommended and the MRB Chair agreed that based on Rhode Islands improved performance, that they be removed from enhanced oversight.
2.0 COMMON PERFORMANCE INDICATORS Five common performance indicators are used to review the NRC 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.
Rhode Island Periodic Meeting Summary Page 2 2.1 Technical Staffing and Training (2023 IMPEP review: Satisfactory)
The Program is comprised of a supervisor and four technical staff. This equates to approximately 2.9 full-time equivalent in the radiation control program. Two of the technical staff and the supervisor are fully qualified inspectors and license reviewers.
The other two technical staff are working toward becoming fully qualified.
Since the 2023 IMPEP review there have been three vacancies. All three positions were filled prior to the periodic meeting. Rhode Island had one open vacancy at the time of the periodic meeting. This was an over hire. Rhode Island has a training and qualification program that is compatible with the NRCs Inspection Manual Chapter (IMC) IMC 1248.
Qualified licensing and inspection staff complete at least 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> of refresher training every 2 years.
2.2 Status of the Materials Inspection Program (2023 IMPEP review: Satisfactory)
Rhode Island completed 15 Priority 1, 2, and 3 inspections since the 2023 IMPEP Review. Rhode Islands approach to conducting reciprocity inspections has been risk informed. Rhode Island performed no reciprocity inspections since the 2023 IMPEP review. There was discussion on the importance of conducting reciprocity inspections based on risk and safety significance. At the time of the periodic meeting, the program had no inspections overdue. Rhode Island utilizes an access database for tracking inspection due dates. They intend to obtain and utilize web-based Licensing for licensing and inspection in the near future.
2.3 Technical Quality of Inspections (2023 IMPEP review: Satisfactory)
RI completed 15 Priority 1, 2, and 3 inspections since the 2023 IMPEP review. There was one initial inspection conducted and no overdue inspections. RI conducted inspections at the same frequency as the NRC. The new Supervising Radiological Health Specialist will be scheduling the inspector accompaniments for the qualified inspectors. RIs inspection procedures are compatible with NRCs IMC 2800, Materials Inspection Program. The RI program has an adequate number of calibrated and operable radiation survey instruments available to support the inspection program.
2.4 Technical Quality of Licensing Actions (2023 IMPEP Review: Satisfactory)
RI has approximately 40 specific licensees. At the time of the meeting, RI completed approximately 21 licensing actions and there was no backlog of licensing actions.
There was one recommendation that was modified from the 2023 IMPEP review.
Recommendation: RI management has taken measures to ensure proper licensing and inspection documentation is completed and stored in a centralized filing system.
Status: RIs Supervising Radiological Health Specialist created an access database to serve as a centralized filing system for licensing and inspection documentation to assist the program. Since the 2023 IMPEP review, RI is continuing to work on digitizing all the
Rhode Island Periodic Meeting Summary Page 3 current licenses and is adding all newly received amendments and all new license actions into their SharePoint library. During the periodic meeting, RI demonstrated how the access database will be used to track incoming licensing actions.
RI follows the NRCs NUREG 1556 series as guidance when completing licensing actions along with the most current versions of the NRCs Pre-Licensing Guidance and the Risk Significant Radioactive Materials Checklist. License reviewers are responsible for the performance of pre-licensing visits when warranted. RI issues licenses with 10-year expiration dates.
2.5 Technical Quality of Incident and Allegation Activities (2023 IMPEP review:
Satisfactory)
There were no events that occurred that were required to be reported to the NRC since the 2023 IMPEP review. No allegations were received directly by RI. RI responded to five non-reportable events since the 2023 IMPEP review. RI followed all internal procedures when responding to those events. RIs procedures are compatible to the NRCs incident and allegation procedures.
3.0 NON-COMMON PERFORMANCE INDICATORS Four non-common performance indicators are used to review Agreement State/NRC Region programs: (1) Compatibility Requirements, (2) Sealed Source and Device Evaluation Program, (3) Low-Level Radioactive Waste (LLRW) Disposal Program, and (4) Uranium Recovery Program. The NRCs Agreement with RI only includes the non-common performance indicators LROPE and LLRW. Whereas RI does not have an LLRW site within their State, nor do they expect to obtain one in the near future, this indicator was not reviewed during the meeting.
3.1 Compatibility Requirements (2023 IMPEP review: Satisfactory)
RIs current effective statutory authority is contained in Section 23-1.3 Radiation Control of the RI Statues. The RI Department of Health is designated as the States Radiation Control Agency. No legislation affecting the radiation control program was passed since the 2023 IMPEP. RIs administrative rulemaking process takes approximately 12-18 months from drafting to finalizing a rule. The public, the NRC, other agencies, and potentially impacted licensees and registrants are offered an opportunity to comment during the process. Comments are considered and incorporated, as appropriate, before the regulations are finalized and approved. The team noted that the States rules and regulations are not subject to sunset laws.
Since the 2023 IMPEP, no regulations came due for adoption. RI staff was reminded that RATS-ID 2022-1; 2022-2; and 2023-1, would all become due for adoption before the next IMPEP. RI committed to ensuring these entered their administrative rulemaking process to ensure timely adoption. RI does incorporate NRC rules by reference, which has streamlined the approval and final adoption process.
3.2 LLRW Disposal Program In 1981, the NRC amended its Policy Statement, Criteria for Guidance of States and NRC in Discontinuance of NRC Regulatory Authority and Assumption Thereof by States
Rhode Island Periodic Meeting Summary Page 4 Through Agreement, to allow a State to seek an amendment for the regulation of LLRW as a separate category. Those States with existing Agreements prior to 1981 were determined to have continued LLRW disposal authority without the need for an amendment. Although, RI has authority to regulate a LLRW disposal facility, the NRC has not required States to have a program for licensing a disposal facility until such time as the State has been designated as a host State for a LLRW disposal facility. When an Agreement State has been notified or becomes aware of the need to regulate a LLRW disposal facility, it is expected to put in place a regulatory program that will meet the criteria for an adequate and compatible LLRW disposal program. There are no plans for an LLRW disposal facility in RI. Accordingly, this topic was not discussed during the periodic meeting.
4.0
SUMMARY
RI continued to be an effective and well managed Agreement State program. RI experienced the departure of several key staff, including the director, since the 2023 IMPEP. It did lead to some shifting of work within the program until such time as a new director was named in December 2024. At the time of the Periodic Meeting, there was one vacancy. The Program is effectively managing its licensing and inspection activities.
However, reciprocity inspections were not being conducted. RI committed to resuming reciprocity inspections using a risk-based safety significance approach. The Program appeared to be responding to events as appropriate, and they reported they currently have no overdue regulation amendments.
During the periodic meeting, RI noted that they had completed the outstanding recommendation from the 2023 IMPEP. Furthermore, they intend to utilize the NRCs web-based licensing program to further manage their licensing and inspection activities.
This would replace their access database for document retention.
Based on the information discussed during the periodic meeting, the NRC staff recommended that RIs next IMPEP review be held in FY 2027, consistent with the (MRB) direction from the 2023 IMPEP review.
ML25234A060 OFFICE R-I/DNMS/MLAB NAME SSeeley DATE Aug 22, 2025