ML25246C215
| ML25246C215 | |
| Person / Time | |
|---|---|
| Issue date: | 09/03/2025 |
| From: | Shawn Seeley Decommissioning, ISFSI, and Reactor Health Physics Branch |
| To: | Coan C State of AL, Dept of Public Health |
| References | |
| Download: ML25246C215 (1) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION REGION I 475 ALLENDALE ROAD, SUITE 102 KING OF PRUSSIA, PA 19406-1415 Cason Coan, Director Office of Radiation Control Alabama Department of Public Health P.O. Box 30300017 Montgomery, AL 36130-3017
SUBJECT:
ALABAMA PERIODIC MEETING
SUMMARY
- CORRECTED COPY
Dear Cason Coan:
A periodic meeting was held with you and your staff on May 12, 2025, at your office in Montgomery, Alabama. The purpose of this meeting was to review and discuss the status of the Alabama Agreement State Program. The scope of the meeting was limited to activities conducted by the Office of Radiation Control. 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, as well as incorporating your comments on the draft summary.
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:
Alabama Periodic Meeting Summary cc: John Nick Swindall, Assistant Director Office of Radiation Control Brent Hatcher, Deputy Chief of Staff Alabama Department of Public Health September 3, 2025 Signed by Seeley, Shawn on 09/03/25
INTEGRATED MATERIALS PERFORMANCE EVALUATION PROGRAM PERIODIC MEETING WITH THE STATE OF ALABAMA TYPE OF OVERSIGHT: NONE May 12, 2025 CORRECTED COPY
PERIODIC MEETING PARTICIPANTS NRC Jacob Zimmerman, acting Director, Division of Radiological Safety and Security Shawn Seeley, Regional State Agreements Officer State of Alabama Cason Coan, Director, Office of Radiation Control John Nick Swindall, Assistant Director, Office of Radiation Control Undria McCallum, Radiation Physicist Supervisor, Office of Radiation Control
Alabama Periodic Meeting Summary-Corrected Copy 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 Alabama (AL). The meeting was conducted in accordance with the Office of Nuclear Material Safety and Safeguards State Agreement Procedure (SA) 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 AL. The Alabama Agreement State Program is administered by the Office of Radiation Control which is located within the Department of Public Health (the Department).
At the time of the periodic meeting, the Alabama Agreement State Program regulated approximately 298 specific licenses authorizing possession and use of radioactive materials.
Since the May 22-26, 2023, Integrated Materials Performance Evaluation Program (IMPEP) review, there have been no changes to the organizational structure. A Management Review Board meeting to discuss the outcome of the 2023 IMPEP review was held on August 31, 2023.
The team found that Alabamas 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.
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.
2.1 Technical Staffing and Training: (2023 IMPEP review: Satisfactory)
The Program is comprised of a director, assistant director, and nine technical/administrative staff. This equates to approximately 7.5 full-time equivalent in the radiation control program.
This is an increase of 1.25 full-time equivalent since the 2023 IMPEP. This will allow more cross training amongst the program for future flexibility and to address possible retirements.
They currently have three fully qualified licensing and two fully qualified inspection staff. They have one individual in training. Radioactive materials regulation is only a part of their mission.
They are also responsible, in part, for x-ray, environmental concerns and emergency response.
Since the 2023 IMPEP review, there have been no vacancies. Alabama 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.
The program is concerned that the low salaries are hard to attract and maintain employees.
They cannot hire an employee until a position is vacant. Funding is not an issue as they charge 75% of the NRC annual fees.
Alabama Periodic Meeting Summary-Corrected Copy Page 2 2.2 Status of the Materials Inspection Program: (2023 IMPEP review: Satisfactory)
Alabama completed one reciprocity inspection since the 2023 IMPEP Review. Alabamas approach to conducting reciprocity inspections has been risk informed. However, Alabama requires out of state licensees to obtain a license within Alabama. This lowers the number of candidates for inspection. There was a discussion on the importance of conducting reciprocity/out of State licensees inspections based on risk and safety significance. At the time of the periodic meeting, the program had 12.4% of their inspections overdue. Another aspect affecting the inspection program was the speed of travel reimbursement for employees. The reimbursement process can take months to process, thus having employees pay out of pocket with their own credit card during travel. Alabama utilizes a database for tracking inspection due dates. They intend to work toward obtaining and utilizing Web-Based Licensing for licensing and inspection in the near future.
2.3 Technical Quality of Inspections: (2023 IMPEP review: Satisfactory)
Alabama completed 78 Priority 1, 2, and 3 and 2 initial inspections since the 2023 IMPEP review. There were 11 overdue Priority 1, 2, or 3 inspections. This was due to Alabama granting a license for out of state entities who had not been actively working in their State. This made scheduling inspections challenging. Alabamas inspection procedures are compatible with the NRCs IMC 2800, Materials Inspection Program. The Alabama program has an adequate number of calibrated and operable radiation survey instruments available to support the inspection program. A discussion was held with the staff on the importance of reducing the number of overdue inspections.
2.4 Technical Quality of Licensing Actions: (2023 IMPEP Review: Satisfactory)
Alabama has approximately 298 specific licensees. At the time of the meeting, Alabama completed approximately 465 licensing actions and there was no backlog of licensing actions.
Alabama 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. Alabama issues licenses with 7-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. One allegation was received directly by Alabama. Alabama responded to one non-reportable event since the 2023 IMPEP review. Alabama followed all internal procedures when responding to those events. Alabamas 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 (SS&D) Evaluation Program, (3) Low-Level Radioactive Waste Disposal Program, and (4) Uranium Recovery Program. The NRCs Agreement with Alabama only includes the non-common performance
Alabama Periodic Meeting Summary-Corrected Copy Page 3 indicators Legislation, Regulations and Other Program Elements and SS&D. Whereas Alabama does not have any licensees requiring SS&D evaluations within their State, this indicator was not reviewed during the meeting.
3.1 Compatibility Requirements: (2023 IMPEP review: Satisfactory)
Alabamas current effective statutory authority is contained in the Acts of 1963, No 582 of the Alabama Statues. The Office of Radiation Control is the designated State Radiation Control Agency within the Alabama Department of Public Health. No legislation affecting the radiation control program was passed since the 2023 IMPEP. Alabamas administrative rulemaking process takes approximately 6-8 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, three regulations came due for adoption. Alabama staff were reminded that Regulation Amendment Tracking System Identification Numbers (RATS ID) 2022-1; 2022-2; and 2023-1, would all become due for adoption before the next IMPEP. Alabama committed to ensuring these entered their administrative rulemaking process to ensure timely adoption. The Office of Radiation Control missed the deadline to submit the regulations required for compatibility in 2024 due to personnel changes and inexperience with the regulatory adoption process. These changes will be presented during this years call for submissions.
3.2 SS&D: (2023 IMPEP review: Not reviewed)
Although Alabama has authority to conduct SS&D evaluations for byproduct, source, and certain special nuclear materials, no SS&D evaluations have been issued since Alabama became an Agreement State and therefore this indicator was not discussed.
4.0
SUMMARY
Alabama continues to be a strong, effective, and well managed Agreement State program.
There has been little staff turnover since the 2023 IMPEP review. Any staff turnover is addressed as it occurs. The program has managed to over hire and cross train individuals to increase flexibility within the program.
Although there were a few overdue inspections since the last IMPEP, the program has a plan to ensure there are no overdue inspections before the next IMPEP. They also realized they missed the regulatory submission deadline last year and have a plan to submit them during 2025. No other concerns or issues were identified during the periodic meeting. The next IMPEP review is scheduled to be held in May 2027.
ML25246C215 OFFICE R-I/DNMS/MLAB NAME SSeeley DATE Sep 3, 2025