ML20212A144

Forwards Integrated Matl Performance Evaluation Program Review of New Mexico Radiation Control Program,During Period of 970714-18

ML20212A144
Person / Time
Issue date:	10/15/1997
From:	Lohaus P NRC OFFICE OF STATE PROGRAMS (OSP)
To:	Bangart R, Paperiello C, Thompson H NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), NRC OFFICE OF STATE PROGRAMS (OSP), NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
Shared Package
ML20212A148	List: ML20212A144 ML20212A169
References
NUDOCS 9710230169
Download: ML20212A144 (3)

Text

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km #80p 4 UNITED STATES  !

g }2 NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 30eeHoo1

%,....,* October 15, 1997 MEMORANDUM TO: Hugh L. Thompson, Jr.

Deputy Executive Director for .

Regulatory Programs  !

Richard L. Bangart, Director I Office of State Programs Carl J. Paperiello, Director "

Office of Nuclear Material Safety o and Safeguards D Karen D. Cyr, General Counsel s

Frank J. Congel, Director )

Incident Response Division i O*fice for Analysis and Evaluation I of Operational Data l J

FROM: Paul H. Lohaus, Deputy Director N

e Office of State Programs (( 1/?A A (/

SUBJECT:

INTEGRATED MATERIALS PERFORMANCE EVALUATION L h PROGRAM (IMPEP) REVIEW OF NEW MEXICO RADIATION I l CONTROL PROGRAM -

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This memorandum transmits to the Management Review Board (MRB) a proposed final report .

j p (Attachment 1) documenting the IMPEP review of the New Mexico Radiation Control Program. '

The review of the New Mexico program was conducted by an interoffice team during the period i

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July 14-18,1997. The team issued a draft report to New Mexico on August 8,1997, for factual

' ~

comment. The State requested and received a month's extension for replying to the draft y report. J t

The review team found New Mexico's performance for the common performance indicators to l l

be satisfactory for the Technical Quality of Licensing Actions; satisfactory with recommendations for improvement for the indicators, Status of Materials inspection Program, .)

Technical Quality of Inspections, Technical Staffing and Training; and unsatisfactory for the indicator, Response to incidents and Allegations. For the non-common performance indicator, Legislation and Regulations, New Mexico was rated satisfactory by the IMPEP team. Based on the findings, the IMPEP team indicated to New Mexico management that they would recommend to the Management Review Board (MRB) that the New Mexico Agreement State /

program be found Adequate, But Needs improvement, and Compatible. \ f C9 m

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2 [0CT 15 F Because of the signincance of the concems, the team recommends that New Mexico bo placed on probation. The review team and staff considered whether emergency suspension of the New Mexico Agreement State program was necessary to assure public health and safety, but concluded that with the New Mexico commitment to respond to significant events, public health and safety was reasonably protected.

In response to the draft report, New Mexico sent fasiual comments by letter dated October 10,  :

1997, from Mr. Mark E. Weidler, Secretary, New Mexico Environment Department (Attachment to proposeo final report). The letter details the specific steps New Mexico is taking to improve their program by addressing the recommendations and suggestions made by the IMPEP team in the draft report. Also, Mr. Weidler states: "We submit that we comprehend t..s new emphasis the review team believes our efforts should have. We can show that we are deliberately on that path. Probation is not warranted, especially in comparison to issues arising in cases of other state programs." Despite the comments submitted by New Mexico, the IMPEP review team continues to reemmend that New Mexico be placed on probation.

The MRB meeting to consider the New Mexico report is scheduled for Thursday, October 23, 1997, from 2:00 p.m. - 4:00 p.m. In One White Filnt North, Room 4-B-6. In accordance with l

Management Directive 5.6, the meeting is open to th'e public. The agenda for that meeting is attached (Attachment 2). Note that we will also be discussing the Maryland Good Practice issue (Attachment 3) at the meeting. l If you have any questions prior to the meeting, please contact me at 415-2326 or James L. Lynch at 630-829-9661.

Attachments:

As stated cc: William Floyd, NM Benito Garcia, NM Ray Paris, OR I

2 ACT 1s 1997 Because of the significance of the concerns, the team recommends that New Mexico be placed on probation. The review team and staff considered whether emergency suspension of the

- New Mexico Agreement State program was necessary to assure public health and safety, but concluded that with the New Mexico commitment to respond to significant events, public health and safety was reasonably protected.

In response to the draft report, New Mexico sent factual comments by letter dated October 10, 1997, from Mr. Mark E. Weidler, Secretary, New Mexico Environment Department (Attachment to proposed final report). The letter details the specific steps New Mexico is taking to improve their program by addressing the recommendations and suggestions made by the IMPEP team in the draft report. Also, Mr. Weidler states: "We submit that we comprehend the new emphasis the review team believes our efforts should have. We can show that we are deliberately on that path. Probation is not warranted, especially in comparison to issues arising in cases of other state programs." Despite the comments submitted by New Mexico, the IMPEP review team continues to recommend that New Mexico be p! aced on probation.

The MRB meeting to consider the New Mexico report is scheduled for Thursday, October 23, 1997, from 2:00 p.m. - 4:00 p.m. In One White Flint North, Room 4-B-6. . In accordance with Management Directive 5.6, the meeting is open to the public. The agsnda for that meeung is attached (Attachment 2). Note that we will also be discussing the Maryland Good Practice issue (Attachment 3) at the meeting.-

If you have any questions prior to the meeting, please contact me at 415-2326 or James L. Lynch at 630-829-9661.

Attachments:

As stated cc: - William Floyd, NM Benito Garcia, NM Ray Paris, OR Distribution: DCD (SP01)

DlR RF POR (YES v' ) NO (_)

JLynch, R'll DCool, NMSS TFrazee, WA SMoore, NMSS JHomor, RIV/WC FCameron, OGC KSchneider, OSP HNewsome, OGC New Mexico File GDeegan, NMSS RBarrett, AEOD DOCUMENT NAMES: G:\KXS\NMMRBMEM.KNS, G:\KXS\NMIMP97. PFN , G:\KXS\GP.MD T. c.w. . ew or w. 6.com.nunsc.= in m. tior c = cwout eacnm.nv.nao.ur. r4 com en amnmenu.noosur. v.um OFFICE OSP -/t OSP:DD l OSP:Q ', <7 NAME LRakovan:kk } PHLohaus RLBanga & lM DATE 10/ifi/97/ 10/ /97 10/K/97 OSP FILE CODE: SP-AG-19