July 18, 2005

Terry D. Lindsey, Section Manager

Radiation Protection Services

Office of Public Health Systems

Department of Human Resources

800 NE Oregon Street, Suite 640

Portland, OR 97232

Dear Mr. Lindsey: 

A periodic meeting with Oregon was held on June 21, 2005. The purpose of this meeting was

to review and discuss the status of Oregon’s Agreement State Program. The NRC was

represented by me from NRC’s Region IV office, and Dr. Terry Brock from the 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) 860-8116 or

e-mail MLM1@NRC.GOV to discuss your concerns.

Sincerely,

/RA/

Linda McLean

State Agreements Officer

Region IV

cc:

Paul Lohaus, Director 

Office of State and Tribal Programs
bcc: (via ADAMS e-mail distribution):

LWert

CCain

VCampbell

JZabko, STP

AMcCraw

TBrock, STP

SISP Review Completed: ADAMS: No Initials: _mlm_____ 

ADAMS: :Yes 9No Initials: _mlm_____ 

:Publicly Available 9Non-Publicly Available 9Sensitive :Non-Sensitive

DOCUMENT NAME: E:\Filenet\ML051990497.wpd final r:\_dnms

RIV:RSAO

MLMcLean

/RA/

07/18/05

OFFICIAL RECORD COPY T=Telephone E=E-mail F=Fax
PERIODIC MEETING SUMMARY FOR OREGON

DATE OF MEETING: June 21, 2005

ATTENDEES:

STATE

Terry D. Lindsey, Manager, Radiation Protections Services

Edwin L. Wright, Manager, Radioactive Materials Licensing

Sylvia Martin, License Reviewer

Justin Spence, Inspector, Health Physicist

David Murdza, Administrative Specialist

Kevin Siebert, Inspector, Health Physicist

NRC

Linda McLean, Regional State Agreements Officer, Region IV

Terry Brock, Agreement State Project Officer, Office of State and Tribal Programs

DISCUSSION: 

The last IMPEP Review was the week of August 26-30, 2002. Oregon’s performance was

found to be satisfactory for all performance indicators. Accordingly, the review team

recommended finding the Oregon Agreement State program adequate to protect public health

and safety and compatible with NRC's program, and that the next full review should be in

approximately four years.

Status of State’s actions to address all open previous IMPEP review findings and/or open

recommendations

The MRB recommended that the NRC review, in coordination with the States, the issues of

data sharing, closing and completing NMED reports, and processes used to provide periodic

feedback to States on the status of their submittals. 

Discussed with the State was how NRC shares national event data with the Agreement States. 

A copy of the STP Event Reporting Self Assessment Report, an NMED Quarterly Report, and

an NMED Newsletter that provides guidance on the distinction between "closed" and "complete"

event report records was provided to the State. It is recommended that this item be closed at

the next IMPEP review.

Program items discussed: 

1. Strengths and/or weaknesses of the State program as identified by the State or NRC

including identification of actions that could diminish weaknesses. 

The program has sufficient staff to maintain inspections current and licensing actions

significantly less than 45 days. Other program activities, such as rules and licensing
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guides, however still need to be completed. These shortfalls do not currently reduce the

effectiveness of licensee radiation safety programs.

2. Feedback on NRC’s program as identified by the State and including identification of

any action that should be considered by the NRC: 

The program stated that the compatibility level for the GL rule be reconsidered by the

NRC. The program is concerned that the NRC GL rule will diminish the effectiveness of

Oregon’s regulations. The program believes that the dilution of GL requirements at a

time when security of these sources is critical is ill-timed. Oregon strongly supports

assigning Category “C” compatibility to this rule. This position is also consistent with a

majority of Agreement States on this issue.

3. Status of State Program including:

a. Staffing and Training:

The total FTE for the radioactive materials program is 6.25. This includes:

Section Manager (0.25 FTE)

Program Manager (1.0 FTE)

Inspectors (3.0 FTE)

Licensing (1.0 FTE)

Administrative Assistant (1.0 FTE)

There are currently no vacancies in the radioactive materials program. Shortly after the

last periodic meeting (March 10, 2004), the program’s Administrative Assistant accepted

a position working for the State Public Health Officer. Her replacement has been in the

position for approximately one year.

The current radioactive materials staff is well trained and possess excellent knowledge,

skills and professional expertise. Additional training in nuclear medicine and teletherapy

and brachytherapy, as well as other industrial and transportation training courses would

be helpful to fully develop staff inspection capabilities. 

b. Materials Inspection Program: There are currently 34 Oregon licensee inspections

due through June 30. None are over due. There are 12 out-of-state or reciprocity

licensees due for inspection of which 4 are considered over due. However, out-of-state

licensees are similar to reciprocity, and the program consistently inspects a majority of

reciprocity licensees.

c. Regulations and Legislative changes: NRC’s regulation review letter for Oregon

dated January 23, 2003, has several comments that the program needs to address. 

The program manager committed to resolving the comments by August, 2005. Also

discussed were the regulation amendments that have come due since the last IMPEP

review that Oregon needs to adopt. The program was informed that this area has

received increased attention from the Commission. The program was strongly

encouraged to submit the overdue regulation amendments to STP. The regulations
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should be sent to STP within a reasonable time frame to ensure there is enough time to

perform the compatibility review before the next IMPEP in 2006. 

d. Program reorganizations: Since the last IMPEP review, Gail Shibley has been

appointed as the new Office of Public Health Systems Administrator. She has

encouraged manager development by providing resources and opportunities for training. 

Routine manager meetings also provide information and support for each group in the

Office of Public Health Systems.

Another staff change has been the appointment of a new Public Health Director, Susan

Allan. While she has only been with the State for about one month, it appears that she is

very supportive of employee training and involvement in professional organizations. 

During the third quarter of this year, Radiation Protection Services will be integrated into

Office of Public Health Systems sections on the sixth floor of the State office building. A

new phone system has recently been installed. Also, there will be some major changes

to the program’s database in the next few months. It appears that it will be converted to

a program called Phoenix for the primary data and a program called Licensing 2000 for

fee payments and other compatible components. 

e. Changes in Program budget/funding: The program will be amending the rules prior to

January 2006, with a request to increase fees by 15 to 20% to sustain current staffing

levels and convert four limited duration positions to permanent status. Adding positions

and increasing fees will also require legislative approval in 2007 to be adopted.

4. Event Reporting, including follow-up and closure information in NMED: All reportable

incidents are entered into the NMED database. All NMED events for Oregon are closed

and completed. 

5. Response to Incidents and Allegations: One referred allegation has been investigated

and completed, and one recent allegation of improper disposal of a tritium exit sign is

under investigation at this time. (A subpoena is being prepared by NRC Region IV to

require release of internet auction records for this case.)

6. Significant events and generic implications. The event involved a stuck source in a

Novoste A1000 HDR Intravascular Brachytherapy unit containing 5 mCi Sr-90/Y-90. 

The guide tube had a kink in it and would not allow the source to retract past the kink.

The source was in the tube outside the patient for approximately 15 seconds while the

catheter was removed and the unit placed into the shielded container. The unit was

returned to the manufacturer. The licensee decided to discontinue using this device and

terminated their license shortly after this incident. 

7. Information exchange and discussion: 

a. Emerging technologies: The most recent emerging technology activity that the

program was involved with was a PET-SPECT/CT amendment which required a rule

revision. The change addressed operator qualifications to operate the CT portion of the
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system. The rule update also included provision for future changes in requires by ARRT

and NMTCB for PET-SPECT/CT training.

b. Large, complicated or unusual authorizations for use of radioactive materials

I) Panoramic/Pool/Underwater Irradiators. There are none in the State.

ii) Major decommissioning and license terminations actions. License #ORE-90001

(Wah Chang) is currently being reviewed for final decommissioning plans and funding

adequacy for license renewal action.

iii) Waste processing, storage and disposal licenses. The program will be completing a

waste shipment of sources received from multiple non-licensed facilities (schools,

individuals, metro waste sites and other orphan sources.

c. State’s mechanisms to evaluate performance: 

I) Self audits. Checks of program status are done informally on a weekly and monthly

basis. Weekly reports are run to check the status of licensing and inspection activities. 

A monthly summary is completed for management review. A program audit is currently

being conducted and will be completed during the third quarter of CY2005. 

ii) Computer tracking. All licensing, inspection and incident information is maintained in

a database. A special inventory update of unused medical therapy sources will also be

completed during this calendar year.

iii) Inspector accompaniments. Accompaniments are occasionally performed on each

inspector. The primary method used to evaluate performance is by reviewing inspection

reports. The program manager identifies discrepancies and discusses them with the

inspectors. Accompaniments usually occur when inspecting licensees with significant

items of non-compliance or follow-up to incidents. The program manager was reminded

of the need to accompany each inspector once a year to evaluate the inspectors’

performance.

iv) Other management tools. Routine meetings are held with the program staff.

Schedules, projects and problems are discussed and resolved during these meetings.

8. Other topics discussed: 

a. Security inspections and the 274(I) agreement change were discussed. The

program would like to participate in security inspections of licensees. They are currently

assessing the possibility. The assessment should be completed by July 2005. 

b. GL compatibility "B" is of significant concern to the program. Oregon is one of the

leaders in registering and tracking GL devices. They believe that the NRC is asking the

State to significantly reduce or eliminate portions their current GL program that has

been very effective in preventing loss of control of radioactive materials.
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c. The appointments of Commissioners Jaczko and Lyons, and personnel updates in

STP were discussed. 

9. Schedule for the next IMPEP review: Projected for August 2006