UNITED STATES

 NUCLEAR REGULATORY COMMISSION

 REGION I

475 ALLENDALE ROAD

KING OF PRUSSIA, PENNSYLVANIA 19406-1415 

August 14, 2006

Dennis P. O’Dowd, Administrator

Radiological Health Section

Department of Health and Human Services

29 Hazen Drive

Concord, NH 03301-6504

Dear Mr. O’Dowd:

A periodic meeting with the New Hampshire Radiological Health Section was held on July 12,

2006. The purpose of the meeting was to review and discuss the status of the New Hampshire

Agreement State program. The NRC was represented by Andrea Jones from the NRC’s Office

of State and Tribal Programs and me. Specific topics and issues of importance discussed at

the meeting included the Section’s actions to fill vacancies, training of new staff, and the

adoption of regulations and legally binding requirements required for compatibility.

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 discussions, or have

any additional remarks about the meeting in general, please contact me at (610) 337-5042 or

by e-mail at adw@nrc.gov to discuss your concerns.

Thank you for your cooperation.

Sincerely,

Original signed by Duncan White

Duncan White, CHP

Regional State Agreements Officer

Division of Nuclear Materials Safety

Enclosure: As stated

cc:

A. Jones, STP
D. O’Dowd 2

NH Radiological Health Section

DISTRIBUTION

RIDS SPO1

G. Pangburn, RI

M. Layton, RI

M. McLaughlin, RI

N. McNamara, RI

D. Rathbun, STP

A. McCraw, STP

O. Siurano, STP

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OFFICE DNMS/RI N DNMS/RI DNMS/RI

NAME DWhite adw

DATE 8/11/06

OFFICIAL RECORD COPY
AGREEMENT STATE PERIODIC MEETING SUMMARY FOR 

NEW HAMPSHIRE RADIOLOGICAL HEALTH SECTION

DATE OF MEETING: July 12, 2006

ATTENDEES:

Duncan White, RSAO

Andrea Jones, ASPO

Dennis O’Dowd, Administrator, Radiological Health Section

Twila Kenna, Manager, Radioactive Materials

Alice Ely, Chief, Bureau of Preventive Services

Kate Frey, Policy Administrator, Division of Public Health Services

DISCUSSION:

A. IMPEP Recommendations

There were no recommendations from the last Integrated Materials Performance Evaluation

Program (IMPEP) followup review of the New Hampshire program that occurred July 26-27,

2005.

B. Program Status

Since the followup review in July 2005, a number of vacancies in the Radiological Health Section

(RHS) that support the Section have been filled. The reclassification of two vacant Program

Manager positions from Health Physicist II to Radiation Health Physicist IV positions was

completed and two RHS staff members were promoted into those positions in October 2005. 

The positions vacated (Radiation Health Physicist III) as a result of these promotions were filled

by other Department staff in April 2006. In December 2005, the third (and final) administrative

position in the Section was filled. The vacant Lab Scientist position in the Public Health

Laboratory that is funded by RHS was filled in March 2006. This position supports radioactive

material inspection and incident response activities. 

The only current vacancy in RHS is an emergency response program planner position. The

Administrator indicated that an internal candidate had been interviewed for the position. With

the next major exercise not scheduled until the fall of 2007, the Administrator anticipates little or

no impact on the rest of the Section’s operations due to the vacancy. The Radiation Laboratory

Manager position in the Public Health Laboratory is also vacant. The Administrator is providing

assistance to Public Health Laboratory management to help fill the position. Again, it is

anticipated that this vacancy will not impact RHS operations.

The two contractors used by the Section to perform routine licensing and inspections had their

contracts expired the end of June. The Section indicated that over the last year, the completion

of routine licensing and inspection activities have been done increasingly by RHS staff. Based

on the RHS staff’s increased experience and current staffing levels, the contractors will be

maintained, but for use only on special projects, such as the decommissioning of the Kollsman

facility this summer.
New Hampshire Periodic Management Meeting Summary Page 2

July 12, 2006

The Radioactive Materials Manager discussed the training status of individual staff members. 

The four staff health physicists perform both machine and materials inspections and licensing. In

addition to formal materials training classes, RHS has started to have the two newest health

physicists accompany experienced inspections on materials inspections and start performing

some licensing actions.

With regard to the implementation of increased controls, the State has sent two individuals (the

Administrator and a health physicist) to the NRC security training. RHS has not yet performed

an increased controls inspection, but with only four licensees to inspect, the Radioactive

Materials Manager anticipates that they will be completed by the end of 2006. The NRC staff

confirmed that RHS staff amended the appropriate licenses to incorporate increased control

requirements.

RHS is current with all inspections and there has been no overdue inspections performed over

the last year. The Radioactive Materials Manager reported that required inspector

accompaniments have been performed. As previously mentioned, RHS will be monitoring a

significant decontamination and decommissioning action at the former Kollsman facility this

summer. 

The Radioactive Materials Manager reported that the number of pending licensing actions

continues to remain at the same level over the past two years. Pre-licensing screening criteria

has been implemented. The State has one active sealed source and device registry sheet. 

There have been no amendments to the sheet over the last year. RHS has not had any

significant or unusual licensing requests over the last year. Recent licensing issues new to RHS

include licensing requests for feline hyperthyroidism, Cs-131 brachytherapy and veterinarian use

of Sm-153 in horses. The RSAO provided guidance used by Regional licensing staff on the use

of Cs-131 in brachytherapy to the Radioactive Materials Manager subsequent to the periodic

meeting.

The Region I office has not provided any allegations to the State for follow up. With regard to

events, the State reported one event to the Nuclear Materials Event Database (NMED) during 

the last year. Although the State has completed its investigation and closed the event internally,

the event was not closed in NMED. RHS staff indicated that they will take action to close the

event in NMED.

RHS indicated that all records are now maintained on spreadsheets or electronic documents. 

The Radioactive Materials Manager discussed and shared with NRC staff recently finalized 

guidance that the Section is using to standardize all electronic and paperwork requirements for

radioactive materials license documents. Although the Section does not perform any self -

audits, the Administrator noted that the Department has a Bureau of Performance Evaluation

which conducts process reviews and develops corrective action plans as needed.

Earlier this year, the Section initiated a biweekly meeting among the four health physicists, the

two program managers, lab scientist (funded by RHS) and the records clerk (involved with

regulations) to discuss radiation topics of interest. Other initiatives that the Section has involved

with included the Department’s Continuation of Operations Plan in case of a pandemic outbreak

and the radiological emergency preparedness training of local responders.
New Hampshire Periodic Management Meeting Summary Page 3

July 12, 2006

There have been no legislative changes to RHS programs over the last year. In accordance

with State law, Department regulations are subject to a sunset provision. Radiological health

regulations require re-adoption every eight years unless amended earlier. More than half of the

radiological health regulations are due to expire in August 2006 and February 2007. In

anticipation of their expiration, RHS and the Division have acquired a six-month extension on the

expiration of the August 2006 regulations and are currently working on a rulemaking package to

re-adopt all sections of the radiological health regulations due to expire in August 2006 and

February 2007. In addition, this package also contains the last overdue NRC amendment

(RATS 2002-2). The schedule provided to NRC staff indicates that draft regulations will be

available for NRC review in October 2006 with final adoption in January 2007.

NRC staff reviewed the most recent State Regulation Status (SRS) Sheet dated November 17,

2005 with RHS staff. In the table below, the current status and the State’s next action for each 

RATS ID either not done or partially completed are presented.

RATS ID Status on SRS Sheet Current Status State’s Next Actions 

1994-3 No activity NRC reviewed draft regulation

in 2005; State provided final

version to NRC for review on

7/12/06

None, unless NRC has

comments

1996-3 NRC reviewed draft regulation

in 2005

State provided final version to

NRC for review on 7/12/06

None, unless NRC has

comments

1997-1 NRC reviewed draft regulation

in 2005

State provided final version to

NRC for review on 7/12/06

None, unless NRC has

comments

1997-2 NRC reviewed draft regulation

in 2005

State provided final version to

NRC for review on 7/12/06

None, unless NRC has

comments

1997-3 No activity Will be superceded by 2002-2

scheduled for completion in

January 2007

See 2002-2

1997-6 NRC reviewed draft regulation

in 2005

State provided final version to

NRC for review on 7/12/06

None, unless NRC has

comments

1998-1 NRC reviewed draft regulation

in 2005

State provided final version to

NRC for review on 7/12/06

None, unless NRC has

comments

1998-5 NRC reviewed draft regulation

in 2005

State provided final version to

NRC for review on 7/12/06

None, unless NRC has

comments

1998-6 NRC reviewed draft regulation

in 2005

State provided final version to

NRC for review on 7/12/06

None, unless NRC has

comments

1999-3 NRC reviewed draft regulation

in 2005

State provided final version to

NRC for review on 7/12/06

None, unless NRC has

comments

2001-1 NRC reviewed draft regulation

in 2005

State provided final version to

NRC for review on 7/12/06

None, unless NRC has

comments

2002-1 NRC reviewed draft regulation

in 2005

State provided final version to

NRC for review on 7/12/06

None, unless NRC has

comments
New Hampshire Periodic Management Meeting Summary Page 4

July 12, 2006

RATS ID Status on SRS Sheet Current Status State’s Next Actions 

2002-2 No activity indicated RHS started work on drafting

regulations; scheduled for

completion in January 2007

Submit draft regulations for

NRC review in October 2006

2004-1 No activity indicated RHS will start work on drafting

regulations at a later date

Provide draft version to NRC

for review

2005-1 No activity indicated RHS will start work on drafting

regulations at a later date

Provide draft version to NRC

for review

2005-2 No activity indicated RHS considering including in

current package of draft

regulations 

Provide draft version to NRC

for review

C Other Discussion Topics

The State indicated that their challenge in the coming year will be training the two new health

physicists. The Administrator indicated that the Program’s strength is their staff and the

continued strong management support. It was further noted that RHS has been positively

noticed by senior Department management for the Section’s performance with regard to

emergency preparedness and incident response. 

NRC staff described the current status of NRC’s security initiatives involving material licensees,

changes in the Commission and new Chairman, management changes at the Region and

headquarters, current status of NRC’s activities with regard to the Energy Policy Act, proposed

reorganizations of NMSS, STP and NRR, transfer of Mississippi to Region IV, and status of

States pursuing Agreement State status.

D. Conclusions

At the conclusion of the meeting, NRC staff and RHS management met with representatives

from the Division of Public Health Services (Ms. Ely and Ms. Frey) to summarize the 

discussions. NRC staff noted that RHS has continued to made significant progress over the last

year, particularly with regarding to staffing and regulations. NRC staff also expressed

appreciation for the Division’s and Department’s continued strong support of the Agreement

State program.

NRC staff concluded that the next IMPEP review should be conducted as scheduled in FY 2008. 

As directed by the Management Review Board (MRB) after the followup IMPEP review in July

2005, the next periodic meeting will take place in July 2007. RHS management was invited to

participate when NRC staff presents the results of this periodic meeting to the MRB. No specific

actions were identified as a result of this meeting.