MINUTES: SPECIAL MANAGEMENT REVIEW BOARD MEETING OF 

AUGUST 1, 2017

The attendees were as follows:

In person at U.S. Nuclear Regulatory Commission (NRC) Headquarters in Rockville, Maryland:

Fred Brown, MRB Chair, OEDO Lance Rakovan, NMSS

Mary Spencer, MRB Member, OGC Paul Michalak, NMSS

Marc Dapas, MRB Member, NMSS

By videoconference:

Scott Morris, MRB Member, Region IV Monica Ford, Region I

James Lynch, Region III Donna Janda, Region I

James Trapp, Region III Joe Nick, Region I

By telephone:

Cindy Becker, FL, MRB Member, OAS Lizette Roldan-Otero, NMSS

Jack Priest, MA Steve Harrison, VA

Paul Schmidt, WI

1. Convention. Mr. Lance Rakovan convened the meeting at approximately 1:00 p.m.

(ET). He noted that this Management Review Board (MRB) meeting was open to the 

public. Introductions of the attendees were conducted.

2. Periodic Meeting Discussions:

Periodic Meeting with the Massachusetts Agreement State Program

Ms. Donna Janda led the discussion of the results of the periodic meeting held with the 

Massachusetts Department of Health (the Department) (ADAMS Accession Number: 

ML17103A092). The meeting was held in Charlestown on March 8, 2017. Ms. Janda

noted that the last Integrated Materials Performance Evaluation Program (IMPEP) 

review of the Massachusetts Agreement State Program was conducted on 

July 28 - August 1, 2014. The team found the Commonwealth’s performance 

satisfactory for four indicators and satisfactory, but needs improvement, for three 

performance indicators: Technical Quality of Inspections, Technical Quality of Licensing 

Actions, and Technical Quality of Incident and Allegation Activities. The review team 

made one recommendation to strengthen the Commonwealth’s incident response 

program. The MRB found the Commonwealth adequate to protect public health and 

safety, but needs improvement, and compatible with the NRC’s program. The MRB 

directed NRC staff to initiate a period of Monitoring and requested that calls between the 

Massachusetts and NRC staff be conducted on a quarterly basis. In addition, the MRB 

directed that a periodic meeting be held approximately 1 year after the date of the 

IMPEP review. That meeting was held on July 30, 2015. At the Special MRB held to 

discuss the 2015 Periodic Meeting, the MRB noted the Program’s significant progress in 

addressing the issues identified during the 2014 IMPEP review. The MRB directed that 

an additional periodic meeting be held tentatively in January 2017. 
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The Commonwealth has approximately 430 licensees. There are currently no vacancies 

in the Department. No Priority 1, 2, 3, or initial inspections were conducted overdue 

since the 2014 IMPEP review and there were no overdue inspections at the time of the 

periodic meeting. Based on issues identified during the 2014 IMPEP inspection 

accompaniments, the Department temporarily increased the number of supervisory 

accompaniments on materials inspections. The Department is in the process of 

extending licenses from the current term of 5 years to a new term of 10 years. The 

Department is making progress with the recommendation from the previous IMPEP 

involving incident response.

Ms. Janda stated that the staff recommended that the next IMPEP review of the 

Massachusetts Agreement State Program be conducted as scheduled in July 2018. The 

MRB agreed with the staff’s recommendation.

Periodic Meeting with the Virginia Agreement State Program

Ms. Monica Ford led the discussion of the results of the periodic meeting held with the

Virginia Department of Health (ADAMS Accession Number: ML17171A318). The 

meeting was held in Richmond on April 25, 2017. Ms. Ford noted that during the 

November 2014 IMPEP review, the MRB found the Commonwealth’s performance 

satisfactory for all indicators reviewed. The MRB found the State adequate to protect 

public health and safety and compatible with the NRC’s program. The MRB determined 

the next IMPEP review should be held in 5 years since all performance indicators were 

found satisfactory (on two consecutive IMPEP reviews) and that a periodic meting 

should be held midway through the IMPEP review cycle.

The Virginia program has approximately 400 licensees. At the time of the periodic 

meeting there was one vacancy in the Program. Since the 2014 IMPEP review, the 

Program completed all Priority 1, 2, and 3 inspections one time and only one initial 

inspection overdue. The Program missed one supervisory accompaniment in calendar 

year 2015 and completed all supervisory accompaniments for calendar year 2016. The 

Program is one hundred percent funded by fees; general funds were eliminated in fiscal 

year 2015. This totaled an approximate $400,000 decrease in funds for the Office of 

Radiological Health of which approximately $200,000 of the shortfall applies to the 

Radioactive Materials Program. The Program’s spending account contains a surplus 

that is being used to cover the missing funds until a permanent solution is put into place. 

The process to increase fees will take two to three years to complete.

Ms. Ford noted that staff recommended that the next IMPEP review be conducted as 

currently scheduled in 2019. The MRB agreed.

Periodic Meeting with the Wisconsin Agreement State Program

Mr. James Lynch led the discussion of the results of the periodic meeting held with the 

Wisconsin Department of Health Services (ADAMS Accession Number: ML17039A487). 

The meeting was held in Madison on February 1, 2017. Mr. Lynch noted that during the 

last IMPEP review in 2014, all performance indicators were found to be satisfactory and 

no recommendations were made. The Wisconsin program was found to be adequate to 
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protect public health and safety and compatible with NRC’s program. The State’s earlier 

IMPEP reviews, in 2005 and 2009, yielded similar results.

The Wisconsin program has approximately 292 licensees. The program has had 

significant turnover in the past few years. At the time of the periodic meeting, the sole 

vacancy was approved for hiring. No inspections were overdue at the time of the 

periodic meeting, however, a few inspections, including initial inspections, were 

conducted late during the review period. In these cases, the State made informed 

decisions based on priorities. Some new licensees were inspected late as the program 

was inspecting within 12 months of material receipt rather than after license issuance. 

This prioritization has been corrected. No significant licensing backlogs were noted. 

Changes to the rulemaking process in Wisconsin have resulted in a backlog of 

compatibility required regulations.

Mr. Lynch noted that staff recommended that the next IMPEP review be conducted as 

currently scheduled in 2019. The MRB agreed.

3. Comments from members of the public. None

4. Process Changes/Comments. None applicable to these reviews.

5. Precedents/Lessons Learned. None applicable to these reviews.

6. Adjournment. The meeting was adjourned at 2:30 a.m. (ET).