January 4, 2002

Terry L. OíClair, Director

Division of Air Quality 

Department of Health 

1200 Missouri Avenue, Room 304

P.O. Box 5520

Bismarck, North Dakota 58506-5520

Dear Mr. OíClair:

A periodic meeting with North Dakota was held on December 12, 2001. The purpose of this

meeting was to review and discuss the status of North Dakotaís Agreement State Program. 

The NRC was represented by Dwight Chamberlain and myself from NRCís Region IV office,

and James Myers, by phone, from the NRCís Office of State and Tribal Programs.

I have completed and enclosed a general meeting summary, including any specific actions that

will be taken as a result of the meeting.

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 (817) 860-8143 or

e-mail VHC@NRC.GOV to discuss your concerns.

Sincerely,

/RA/

Vivian H. Campbell

Regional State Agreements Officer

Enclosure:

As stated

cc w/encl

Paul Lohaus, Director, OSTP
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bcc:

SPO1

e-mail DCD

D. Chamberlain

L. McLean

V. Campbell

J. Myers, OSTP

K. Schneider, OSTP

L. Rakovan, OSTP

DOCUMENT NAME: S:\DNMS\SAO\Periodic Meetings\2002\NDSummary.wpd

To receive copy of document, indicate in box: "C" = Copy without enclosures "E" = Copy with enclosures "N" = No copy

OFFICE RIV:RSAO D:DNMS

NAME VHCampbell DDChamberlain

/RA/ /RA/

DATE 01/4/02 01/07/02

OFFICIAL RECORD COPY
AGREEMENT STATE PERIODIC MEETING SUMMARY FOR NORTH DAKOTA

DATE OF MEETING: December 12, 2001

ATTENDEES:

NRC

Vivian Campbell, Regional State Agreements Officer

Dwight Chamberlain, Director, DNMS

James Myers, Agreement State Project Officer, 

 Office of State and Tribal Programs, by phone

State of North Dakota

Terry OíClair, Director, Division of Air Quality

Kenneth Wangler, Manager, Radiation Control Program

James Killingbeck, Environmental Scientist, RAM Licensing and Control

Justin Griffin, Environmental Engineer, RAM Licensing and Control

DISCUSSION:

The following is a summary of the meeting held in Bismarck, North Dakota, on December 12,

2001, between representatives of the NRC and the State of North Dakota. During the meeting,

the topics suggested in a letter dated November 1, 2001, from Ms. Campbell to Mr. Wangler

were discussed. The discussion pertaining to each topic is summarized below.

1. Action on Previous IMPEP Review Findings

The previous Integrated Materials Performance Evaluation Program (IMPEP) review

was conducted during the April 13-16, 1999 and a follow-up IMPEP for the common

indicator, Status of Inspections was conducted July 12, 2000. Recommendations 1, 2

and 3 outlined in Section 5.0 of the final 1999 IMPEP report were discussed and closed

at the follow-up IMPEP review. (A copy of Section 5.0 of the IMPEP report is attached

for reference.) The proposed status of the two recommendations remaining open are

summarized below. 

a. Recommendation: The review team recommends that management perform an indepth review of the Radiation Control Programís (the Program) current and future

anticipated activities and obligations to ensure budgeted staffing levels are adequate

to fulfill the responsibilities of the program.
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Current Status: The Program management reviewed the staffing levels for the

program and determined that the current staffing level for licensing and inspection is

appropriate for their program. The program has had a decrease in the number of

licensees since the last IMPEP.

It is recommended that this item be closed at the next IMPEP review

b. Recommendation: The review team recommends that the State provide training to

technical personnel, either by formal course work or equivalent, in the area of

brachytherapy.

Current Status: One staff member successfully completed NRCís teletherapy/

brachytherapy course in August, 1999. The second staff member has not yet been

scheduled for this course. However, he has been scheduled for the 5-week health

physics course in the Spring 2002.

It is recommended that this item be closed at the next IMPEP review

2. Strengths and Weaknesses of the Program

Some of the program strengths discussed were: 

a. Experienced staff with no recent turnover;

b. Excellent working relationship with the staff;

c. Good senior management support for the program;

d. Cooperation from licensees; and

e. Good technical support from the Stateís information technology staff.

Some of the program weaknesses discussed were: 

a. Limited out-of-state travel which could affect training staff;

b. Critical staffing level to ensure successful program management; and

c. Delay in the promulgation of regulations to maintain compatibility.

3. State Feedback on NRCís Program

The State:

a. Suggested that NRC develop a program that would allow students to participate in

some NRC training courses remotely, either by Internet or video-conference;
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b. Suggested that OSTP consider a format change for Agreement State Program

letters so that the States can easily understand the subject of the document and

identify a response deadline (This ASPO will follow-up on this issue.);

c. Requested access to NRCís technical assistance request (TAR) database (The

State indicated that the database would be a useful resource for addressing unique

licensing issues. This issue will be referred to NMSS and OSTP for consideration of

inclusion of the TAR database to the OSTP Web page.);

d. Commented that the NRC had always been helpful when assistance was requested;

e. Stated that NRCís NUREG 1556 series has been very useful (However, they are no

longer available at the NRC website.); and

f. Provided positive comments about the IMPEP process;

4. Recent or Pending State Program Changes

The State provided an updated organization chart. There are no pending State program

changes. The Program has adequate funding for training and instrumentation. 

Approximately 35 percent of the budget comes from the General Fund and 65 percent

from fees. License renewals remain at a 5-year frequency. The Program has

approximately 59 licensees. 

 5. NRC Program or Policy Changes That Could Impact Agreement States

A copy of the Region IV organization was provided to the State. State assignments

between the Regional State Agreements Officers (RSAO) and the status of the National

Materials Program were also discussed. 

6. Internal Program Audits or Self Assessments

While the State does not conduct formal audits or self-assessments, Program

management and staff maintain an continuous awareness of the status of the program

using the computerized tracking system. Program management accompanies staff on

10 percent of the inspections performed and reviews 100 percent of the licenses issued.

7. Status of Allegations Referred by NRC to the State

The NRC has not referred any allegations to North Dakota during the period. 

8. Compatibility of North Dakotaís Rules and Regulations

Management made the decision to focus resources on improving the status of the

materials inspection program in lieu of adopting regulations required for compatibility

purposes. The Program is currently using legally binding license conditions until the

rules are promulgated. Now that their inspection program is current, management

stated that regulation development and adoption is a high priority. The State has
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finalized regulations required for compatibility through RATS ID 1997-3. However,

none of the regulations due for adoption since June 2000 have been promulgated. 

Program management has made assignments to staff for regulation development

and intends to submit and adopt the rules before the next IMPEP review. 

9. Nuclear Material Events Database (NMED)

There have been no significant issues with the NMED system. The State sends event

information to the INEEL contractor according to procedure.

10. Schedule for next IMPEP Review

Program management requested that the next IMPEP review be tentatively scheduled in

April, May, or June 2003 because of other commitments impacting the State.