ML20134B337

Transmits Proposed Final Rept Documenting Impep Review of Nebraska Radiation Control Program

ML20134B337
Person / Time
Issue date:	01/14/1997
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
ML20134B325	List: ML20134B322 ML20134B337 ML20134B452
References
NUDOCS 9701300037
Download: ML20134B337 (4)

Text

_

e N 9

• "4 p & UNITED STATES j

j j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 30006 4 001 j

2 j January 14, 1997 j *****

I j MEMORANDUM TO: Hugh L. Thompson, Jr. f Deputy Executive Director for l

Regulatory Programs

- Richard L. Bangart, Director j Office of State Programs

Carl J. Paperiello, Director i Office of Nuclear Material Safety 1 and Safeguards

$ Karen D. Cyr, General Counsel i

Denwood F. Ross, Acting Director j Office for Analysis and Evaluation i of Operational Data

\x\ /

l MOM: Paul H. Lohaus, Deputy Directos(

Office of State Programs hY l

5

^

ggM

, i

SUBJECT:

INTEGRATED MATERIALS PERFORMANCE EVALUATION

! PROGRAM (IMPEP) REVIEW OF NEBRASKA RADIATION

! CONTROL PROGRAM

?

g This memorandum transmits to the Management Review Board (MRB) a proposed final l report (Attachment 1) documenting the IMPEP review of the Nebraska Radiation Control

Program. The review of the Nebraska program was conducted by an interoffice team I during the period July 15-19,1996. The team issued a draft report to Nebraska on

{ October 16,1996, for factual comment. Nebraska factual comments, received by letter dated November 1,1996, from Dr. Mark B. Horton, Director, Department of Health

! (Attachment 2), and by letter dated December 13,1996, from Ms. Teresa M. Hampton, Assistant Agency Counsel, and Ms. Cheryl Rogers, Program Manager, Low Level j Radioactive Waste Program (Attachment 3), have been incorporated into the proposed final report. See (Attachment 4) for the team's response to the State's factual comments.

The review team found the State's performance, with respect to the common and non-

- common performance indicators, to be satisfactory, or satisfactory with recommendations for improvement,'with two exceptions. The team found the State's performance I

urmatisfactory in Section 3.2, Technical Staffing and Training, due to continued difficulties j.

in maintaining adequate staffing, and Section 4.1.2, Status and Compatibility of Reguistions, since the program did not adopt regulations equivalent to 10 CFR Part 36.

Subsequent to the review (by letter dated November 1,1996), the State informed the

- team that the State had adopted equivalent 10 CFR Part 36 regulations, that became k i

effective October 30,1996. Therefore, the Nebraska regulations are currently compatible I g33 @

3()()()1a 9701300037 970116

& Yb pg4 l i PDR STPRO ESONE

'PDR

'" fdAN 141997/

2 l

i with those of NRC. By letter of September 10,1996, the State also provided the team l with a completion schedule for the overdue inspections, notification of delegation of signature authority to the Radioective Materials program manager, and a status of draft '

regulations (Attshment 5). By letter of August 6,1996, the State informed the team that review and issuance of 22 outstanding enforcement letters prepared as a result of contractor inspections had been completed (Attachment 6).

The team observed that the State experienced difficulties identified during the review period including: (1) a backlog of nine core inspections; (2) inspections pending .

supervisory review and notification of the findings to the licensee; (3) inspection reports were incomplete; (4) a backlog of 101 licensing actions; (5) no incident reporting to NRC '

since June 1995; (6) incomplete documentation of incident response and response to allegations; (7) regulations required for compatibility not adopted in timely fashion; and (8) no "get well" plan. The team concluded that the primary root causes for the deficiencies found in the program were directly attributable to (1) the need for management improvement to effectively assess and respond to the reduced level of performance in the Agreement State program, and (2) lack of current, written, program procedures or failure of staff to follow these procedures.

Based on these indicators, the review team recommends that the MRB find the Nebraska program to be adequate to protect public health and safety, but needs improvement and compatible with the NRC's regulatory program. Due to the significance and number of deficiencies found in the Nebraska program that included unsatisfactory for the common indicator Technical Staffing and Training, the team recommends a period of probation for a duration to be established after consultation with Nebraska radiation control program management.

The MRB meeting to consider the Nebraska report is scheduled for Wednesday, January 22,1997, from 1:00 a.m. to 3:00 p.m. In Room 0 6 B-11. In accordance with Management Directive 5.6, the meeting is open to the public. The agenda for that meeting is attached (Attachment 7).

If you have any questions prior to the meeting, please contact me at 415-2326 or Patricia L.arkins at 301-415 2309. l Attachments: l As stated cc: D. Thomas, NE 1 1

i

.. _ __ - ~ . _ . . . _ _ _ _ _ . _ _ _ _ . _ . . _ _ _ _ _ _

__7

^! *

[f.

s

,J -

2. MSN 141997 i with those 6f NRCI. ~ By letter df Sept:mber 10/1996, the Stst3 El:o providId the term ,

' with a completion schedule for the overdue inspections, notification of delegation of

. signature authofity to the Radioactive Materials program manager, and a status of draft ,

regulations (Attachment 5)b By letter of August 6,1996, the State informed the team that -

review and Isauance of 22 outstanding enforcement letters prepared as a result of i contractor inspections had been completed (Attachment 6),  :

I The team observed that the State experienced difficulties identified during the review period including: (1) a backlog of nine core inspections; (2) inspections pending supervisory review and notification of the findings to the licensee; (3) inspection reports  ;

were incomplete; (4) a backlog of 101 licensing actions; (5) no incident reporting to NRC since June 1995; (6) incomplete documentation of incident response and response to allegations; 17) regulations required for compatibility not adopted in timely fashion; and (8) no "get-well" plan. The team concluded that the primary root causes for the deficiencies l found in the program were directly attributable to (1) the need for management improvement to effectively assess and respond to the reduced level of performance in the Agreement State program, and (2) lack of current, written, program procedures or failure j of staff to follow these procedures. l t

Based on these indicators, the review team recommends that the MRB find the Nebraska program to be adequate to protect public health and safety, but needs improvement and compatible with the NRC's regulatory program. Due to the significance and number of .

deficiencies found in the Nebraska program that included unsatisfactory for the common indicator Technical Staffing and Training, the team recommends a period of probation for a ,

duration to be established after consultation w!th Nebraska radiation control program j management. j The MRB meeting to consider the Nebraska report is scheduled for Wednesday, January 22,1997, from 1:00 a.m. to 3:00 p.m. In Room 0-6-8-11. In accordance with Management Directive 5.6, the meeting is open to the public. The agenda for that meeting is attached (Attachment 7).

If you have any questions prior to the meeting, please contact me at 415-2326 or Patricia Larkins at 301-415-2309.

Attachments:

As stated cc: D. Thomas, NE 7 -

' ~

Distribution: < ,

DlR RF < RBlanton GDeegan RLBangart

~

RCady,RES '" <

LJCallan, RIV i

A CHackney, RIV, RSLO PLohaus C. t'

- JJohanson, RI . ~ 5 PLarkins

.c , CEMattson/ C0 - Nebraska File

,- CHaney_

. KSchneider i } ,

' DCD (SPO'1).

4 ,

r-PDR- YES.X NO __

DOCUMENT NAMb: G:\PMl'\NEMR8MEM.PL s_ , _

G

\PML\NECOMENT.f 73 seesius a espy of tods deceanent,indeste in the bem: "C* ( .J_ ettechment/enclosu(?E' = Copy wtth attachment / enclosure "88* = No copy 0FFICE mph;j E 0S(:!N/) 1 - OSP:D N K , , l NAME lPMLirkins aPHlotaus RLBangart DATE 01// 4 /97 01/] .T /97 01// 3 /97 01/ /97 OSP CODE:g SP-AG ___ __ _ _ _ _ _ _ . , __ ._ .__ _. _ . __ . _ _ _ _ .

l Agenda for Management Review Board Meeting

! Wednesday, January 22, 1997, 1:00 a.m., OWFN, 6-B-11 i

i

! 1. Convention. MRB Chair convenes meeting. (HLThompson) i

2. Old Business Approval of previous MRB Minutes -lows (KSchneider)

3. New Business - Consideration of Nebraska IMPEP Report.

A. Introduction of Nebraska IMPEP Team Members. (PLarkins) l Introduction of Nebraska Representative and Other State Representatives

~

8.

Participating. (PLarkins) 4 C. Findings Regarding Nebraska Program. (IMPEP Team) l

- Technical Staffing / Training

- Status of Inspection Program

- Technical Quality of Licensing

- Technical Quality of Inspections 1 - Response to incidents / Allegations i - Legislation and Regulations j

- Low Level Radioactive Waste Program D. Questions. (MRB Members)

E. Comments from State of Nebraska. (Deb Thomas)

F. MRB Consultation / Comments on issuance of Report. (HLThompson)

4. Status of Upcoming Reviews. (KSchneider)

5. Adjournment. (HLThompson)

Invitees: Hugh L. Thompson,..MRB Chair, DEDR Karen Cyr, MRB Member, OGC Carl Paperiello, MRB Member, NMSS Richard L. Bangart, MRB Member, OSP Denwood Ross, MRB Member, AEOD Roland Fletcher, Agreement State Liaison to MRB, State of Maryland Deb Thomas, State of Nebraska Brian Hearty, State of Nebraska Paul Lohaus, OSP Kathleen Schneider, OSP Patricia Larkins, IMPEP Team Leader, OSP Jenny Johansen, IMPEP Member, RI Richard Blanton, IMPEP Member, OSP Ralph Cady, IMPEP Member, RES Charles Mattson, IMPEP Member, State of Colorado ATTACHMENT 7