ML20137R880

Responds to Comments & Recommendations Developed by States at 1984 Agreement States Meeting,Per Mobley . Summary of States Views Will Be Contained in Any Proposal Submitted to Commission for Decision

ML20137R880
Person / Time
Issue date:	12/04/1984
From:	Kerr G NRC OFFICE OF STATE PROGRAMS (OSP)
To:	Julie Ward CALIFORNIA, STATE OF
Shared Package
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References
FRN-50FR30616, RULE-PR-35 AA73-1, NUDOCS 8509230671
Download: ML20137R880 (6)

Text

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. d bldA DEC 0 41984 Mr. Joseph 0. Ward, Chief Radiologic Health Branch State Departnent of Health Services 714 P Street, Office Bldg. #8 Sacramento, California 95814

Dear Mr. Ward:

We have received Mr. Mobley's letter dated October 25, 1984, expressing comments and recommendations developed by the States at the 1984 All Agreement State meeting. We appreciate the States' efforts in bringing these matters to our attention.

A review of the Octcber 25, 1984 letter indicates that no specific response or action is required of us on comments 10 and 12. We are providing below our responses to the comcents and reccmmendations in the October 25, 1984 letter.

Ccement 1 "The States expressed their extreme concern with the proposed draft of Part 35 and request that adequate notice of the presentation of Part 35 to the Commission be provided in order that the Agreement States may have representatives appear before the Commission. See item 15 from last year."

Response

We have noted the States' concern regarding the proposed draft of Part 35 and associated changes in licensing practices. A summary of the States' views will be contained in any proposal submitted to the Commission for decision. In addition, we will inforn the Commission of your desire to have a representative address it on the Part 35 matter at such time as the proposal may be forwarded to them. We will keep you informed on the progress of this proposal. We are also in receipt of the October 26, 1984 letter from Mr. Neuweg, Chairman of the Conference of Radiation Control Progran Directors, Inc., to Chairman Palladino requesting an opportunity to address the Commission on the Part 35 proposal. We plan to coordinate this matter with the Agreement States rather than the Conference and are so informing Mr. Neuweg.

Ccmment 2 "While the States agree with the basic premise of consolidation cf all requirements for medical licensing, i.e., Part 35, the States are philosophically oppcsed to certain other concepts carried forward by certain groups within the NRC. Therefore, it is the ir. tent of the

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Response

We will review a proposal submitted by the States when it arrives.

. Comment 3

'!The States adopted a Resolution (copy attached) on NARM supporting the concept that the NRC should seek legislation to regulate discrete sources of NARM. See item 11 from last year."

I Response 1

In October 1984 we published NUREG-0976, an update of the original NARM l study. Most of the original findings pointing to the reed for uniform control were confirmed in the update survey. Also, there is the possibility of dual regulation of low-level waste disposal by NRC and

EPA, due to potential EPA regulation of NARM disposal. The staff will continue to monitor developments in this area and formulate prcposal i for Commission consideration as might be appropriate.

Comment 4 "The States expressed continuing concern and extreme frustration over the persistent turnover of professional personnel in State radiation control programs. The intent is to pursue this through the Conference of Radiation Control Program Directors, Inc. The NRC is requested by the States to provide any assistance possible."

Response

l We will continue to comment, where appropriate, on professional staff turnover noted during agreement State radiation control prograr reviews and will assist your efforts in other appropriate ways.

I Comment 5 "The States request that the NRC Agreement State Program group 4

specifically notify States of changes in evaluation criteria, e.g., the inspection frequency change, and that States be given reasonable time to comply."

Response

We will continue to inform the Agreement Stater of any changes in the

, evaluation criteria. Regarding the natter of inspection frequencies, we expect each Agreement State to establish inspection frequencies which meet, as a minimum, the NRC intervals. We reccgnize that a i number of States inspect more frequertly than the NRC and we have no problem with that approach. Enclosed is a copy of cur All Agreement State letter which notified you about the charges in the NRC inspection l

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Comment 6 "The States request that the NRC evaluate its actions relative to the AECL model Theratron 80 teletherapy units. An additional problem has been identified with the proper maintenance and replacement of the take-up reels on the AECL units. See item 3 from last year."

Response

The Material Certification and Procedures Branch in NMSS is reviewing data on tubehead leakage from the AECL theratron-80. A revised sealed source and device evaluation sheet will be issued which will address maximum loading and headleakage measurements. Copies of the evaluation sheet will be distributed to all Agreement States. We have also incorporated into the draft regulatory guide and standard review plan unambiguous wording that will inform teletherapy licensees and license reviewers of our position on NCRP Report 33 criteria. Regarding the proper maintenance and replacement of take-up reels on the AECL units, we nctified all Agreement States of this problem by letter of August 7,1984 which had as an enclosure the AECL advisory on this matter. Our letter recommended that each teletherapy licensee and each service company be informed of the AECL advisory. We consider this matter closed.

Comment 7 "The States understand that the draf t proposal concerning emergency response plans for nuclear fuel cycle and raterial facilities was an early one, however, we do have significant concerns about certain items therein. These will be commented on specifically by individual States.

The States are also concerned with FEMA's proposed role in training local personnel to respond to radiological incients involving State and NRC licensed facilities."

Response

The draft proposal concerning emergency response plans for nuclear fuel cycle and material facilities was a very preliminary document. Its early release was intended mainly to keep you informed and to solicit early input. As this effort evolves, we will seek your further comment. We will also be interested in receiving ccmments from individual States as noted in Mr. Mobley's letter.

Comment 8 "The States are very interested in the development of computerized data systems. At present the Conference of Radiation Centrol Progran Directors, Inc. and the. State of Texas are taking the lead in this. It is intended that the NRC will be kept informed of progress in this area."

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Comment 9 "The States expressed some concern about conflicts between the national Freedom of Information Act, individual State Freedom nf Information Acts, and information the NRC provides us or requires be provided to us that must be maintained confidential or secret."

Response

We recognize that there are different limitations regarding the exclusion of infornation from public disclosure. It is necessary to keep this in mind when exchanging information which is proprietary.

Comment 11 "The States are very concerned with the indiscriminate use or abuse of the Lixiscope device."

Response

We request that any specific regulatory problems regarding the transfer or use of the lixiscope be referred to us in writing for consideration.

The comment as submitted provides no information which would require us to take action at this time. Previously identified specific problems concerning this device have been addressed.

Regarding the location of the 1985 meeting, there are a number of factors we must consider in selecting a particular location. We believe that locating this year's meeting close to the NRC Region I office provided for positive interactions between State representatives and the Regional staff both during the meeting and in separate discussions. We expect to hold next year's all -Agreement State meeting in the Washington, D.C; area.

We will inform you of the specific dates and locati,on in early 1985.

Sincerely, Original Signed By G. Wayne Kerr, Director Office of State Programs

Enclosure:

All A/S Ltr. dtd. 8/8/84 cc: All Agreement States See attached sheet for distribution.

see orevious concurrences:  ;

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profile s' stem. -

l Comment 9 "The States xpressed some c'oncern about conflicts between the national

! FreedomofInormationAct/individualStateFreedomofInformation

! Acts, and inf rmation the/NRC provides us or requires be provided to us that must be m intained confidential or secret."

l

Response

We recognize that thpre are different limitations regarding the exclusion of info ation from public disclosure. It is necessary to keep this in mind en exchanging information which is proprietary.

Comment 11 "The States are very oncerned with the indiscriminate use or abuse of the Lixiscope evice.

Response

We request what any spe ific regulatory problems regarding the transfer or use of be lixiscope e referred to us in writing for consideration.

The comm t as submitted rovides no information which would require us to take action at this ti .

Regarding e location of the 19 5 meeting, there are a number of factors w must consider in selec ing a particular location. We believe that loc- ing this year's meeting lose to the NRC Region I office provided-for posi ive interactions between tate representatives and the Regional staff b th during the meeting and i separate discussions. We expect to hold n xt year's all Agreement State eeting in the Washington, D.C. area.

We wi inform you of the specific da es and location in early 1985.

S ncerely, G. Way e Kerr, Director Office f State Programs

Enclosure:

As stated See attached sheet for distribution.

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. Mr. Joseph 0. Ward Distribution:

ED0-000103 W. J. Dircks J. Roe T. Rehm V. Stello T. Murley, Reg. I J. Davis /

G. Gunningham R. DeYoung .

R. Minogue G. W. Kerr D. A. Nussbaumer J. Saltzman L. A. Bolling RSAR SA Staff Dir. Reading SA Reading 1984 All A/S Meeting (fc),w/ incoming C. Hardin, CRCPD J. Eure, Iowa T. Gerusky, Pennsylvania

-D. Etchison, Illinois e

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