UNITED STATES 

NUCLEAR REGULATORY COMMISSION 

REGION I 

475 ALLENDALE ROAD 

KING OF PRUSSIA. PENNSYLVANIA 19406-1415 

- October 26,2004 

Jay Hyland, P.E., Manager 

Division of Health Engineering 

Radiation Control Program 

11 State House Station 

Augusta, ME 04333 

SUBJECT: PERIODIC MANAGEMENT MEETING SUMMARY 

Dear Mr. Hyland: 

A periodic meeting with the Maine Division of Health Engineering was held on October 7, 2004. 

The purpose of the meeting was to review and discuss the status of the Maine Agreement State 

program. The NRC was represented by Aaron McCraw from the NRC’s Office of State and 

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

included the Division’s actions taken to increase fees for the materials program and the status 

of the materials inspection program. 

I have completed and enclosed a general meeting summary, included 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 (61 0) 337-5042 or 

by e-mail at adw8nrc.qov to discuss your concerns. 

Thank you for your cooperation. 

Sincerely, 

W 

Duncan White, CHP 

Regional State Agreements Officer 

Division of Nuclear Materials Safety 

Enclosure: As stated 

cc: 

R. Bores, RI 

S. Minnick, RI 

A. McCraw, STP 
J. Hyland 

Maine Radiation Control Program 

OFFICE DNMMI \ IN I I 

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G. Pangburn, RI 

F. Costello, RI 

J. Piccone, STP 

K. Schneider, STP 

J. Zabko, STP 

0. Siurano, STP 

OFFICIAL RECORD COPY 
AGREEMENT STATE PERIODIC MEETING SUMMARY FOR 

MAINE RADIATION CONTROL PROGRAM 

DATE OF MEETING: OCTOBER 7,2004 

ATTENDEES: 

Duncan White, RSAO 

Aaron McCraw, ASP0 (by phone) 

Jay Hyland, Program Director 

Shawn Seeley, Radioactive Materials Inspection and Licensing 

Wayne Malloch, Radioactive Materials Inspection and Licensing 

DISCUSSION: 

There were no recommendations from the last Integrated Materials Performance Evaluation 

Program (IMPEP) review of the Maine program that occurred October 29 - November 1,2002. 

Maine’s Radioactive Materials program has been solely funded on licensee fees for the last ten 

years. The Program Director indicated that the fees for the Radioactive Materials Program are 

currently not meeting the program’s costs. The overall Radiation Control Program is currently 

funded adequately and the deficit in the Radioactive Materials program has not resulted in any 

curtailment in operations. The program tried to raise fees last year, but upper management in 

the Department turned down the request. The Program Manager indicated that this year there 

is new Department management supportive of an increase in fees. The Program is currently 

working to submit a change in regulations to increase the fees to approximately 38 to 40% of 

the NRC fees that will go into effect May 2005. 

The Program indicated that its strength continues to be its stable and experienced staff 

(currently at 2.0 FTE plus administrative support). The Maine program continues to provide 

assistance to other New England States but most specifically the New Hampshire program 

through the review of certain licensing actions and accompanying and mentoring New 

Hampshire inspectors. The Maine staff also recognized the continued good working 

relationship between the Regional State Agreements Officers in the Region and the Office of 

State and Tribal Programs staff. The recent coordination between Region I, 01 and the State 

for the investigation of a portable gauge service licensee (John Myers) was also noted. Finally, 

the Program Director indicated that the NRC should reconsider its position not to fund training 

for Agreement State staff. 

The Maine staff discussed the impact of the Maine Yankee decommissioning on the program. 

The ongoing activities at the site and the State’s continuing interest have resulted in the 

Radioactive Materials staff participating at various stages of the decommissioning. This 

involvement will continue over the next several months as the final status survey activities are 

scheduled to begin. The use of resources at Maine Yankee has resulted in some inspections 

not getting completed. Currently, the program has three core inspections overdue. These 

include an academic broad scope, a medical institution and a service licensee that is located 

out-of-state and works in the State infrequently. These inspections have been scheduled for 

completion by the end of 2004. The Program Director indicated that the program has had 

contact with all three licensees and expects no performance issues due to their good inspection 

histories. 
Maine Periodic Management Meeting Summary 

October 7,2004 

There was additional discussion on other potential resource impacts on the Radioactive 

Materials program. Over the last two years, the program has started to cross-train the LLRW 

coordinator (Tom Hillman) by sending him to a number of NRC courses and accompanying one 

of the two experienced inspectors on gauge inspections. With the LLRW coordinator position 

due to sunset in June 2006, the Program’s plan was to get this individual qualified in time to 

transfer into Radioactive Materials. Cross training activities are now on hold since Mr. Hillman 

has been deployed to the Middle East on military duty till the end of 2005. The Program also 

indicated that it has benefitted from Mr. Seeley’s participation as an IMPEP team member over 

the years, but expressed the need to NRC staff for the participation of new Agreement State 

members in order that Mr. Seeley does not have to participate on two reviews per year. Finally, 

the State’s initiative on homeland security has resulted in the Radioactive Material staff being 

certified by the Department of Homeland Security for the training of state and local emergency 

responders on potential radiological threats. Two individuals in the Program (Hyland and 

Malloch) have “L” security clearances for access to the Portsmouth Naval Shipyard. 

The balance of the Radioactive Materials section’s core activities is being conducted timely and 

is up-to-date. The licensing backlog is typically at less than 10 actions with most amendments 

completed in a few weeks and renewals completed in one to two months. The State has not 

seen any licensing requests for emerging technologies or large or unusual authorizations of 

byproduct radioactive materials. The State’s current challenges in licensing at this time are 

requests for a cyclotron and PET-CT. 

The State currently has no overdue regulations. The Program Director indicated that the 

Program plans to continue the registration of all generally licensed devices in the State. The 

State currently has approximately 30 general licensees. 

The Division will be relocated to Water Street in Augusta by the end of 2004. This will serve to 

consolidate all the Bureau of Health at one location. 

No allegations were referred to the State since the last IMPEP review. The NRC staff noted 

that the State information for events in the Nuclear Materials Events Database is current. 

The Division does not have any formal mechanism to evaluate performance. Since all licensing 

and inspection is tracked on databases and spreadsheets, the Program Director periodically 

reviews the status of the Radioactive Materials Program. Due to the small size of the Program, 

the Program Director is kept up-to-date on all the activities of the Radioactive Materials staff. 

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

the status for the consolidation of the Region I and II materials programs; management 

changes at the Region and headquarters; and the status of National Materials Programs pilots. 

The next IMPEP review for the Maine program is scheduled for FY 2007. NRC staff did not 

identify any performance issues necessitating a change in the current schedule. 
Maine Periodic Management Meeting Summary 

October 7,2004 

CONCLUSION 

Issue: The Program currently has three overdue core inspections resulting from 

commitments outside the routine materials program activities. 

Action: The RSAO will contact the Program Director in December 2004 to confirm that 

the three overdue inspections have been inspected.