UNITED STATES

NUCLEAR REGULATORY COMMISSION

R EGI ON IV

612 E. LAMAR BLVD., SUITE 400

ARLINGTON, TEXAS 76011-4125

September 30, 2010 

David M. Howe, Acting Section Manager 

Radiation Protection Services 

Oregon Public Health Division 

Oregon Health Authority 

800 NE Oregon Street, Suite 640 

Portland, OR 97232-2162 

Dear Mr. Howe: 

A periodic meeting with you and your staff was held on September 21, 2010. The purpose of 

this meeting was to review and discuss the status of the Oregon Agreement State Program. 

The NRC was represented by Mr. Charles Cain from NRC’s Region IV office and me. Topics 

and issues of importance discussed at the meeting included a detailed discussion of 

recommendations from the 2009 IMPEP review. 

Following the meeting you provided supporting documentation via e-mail to demonstrate 

completion of the recommendations noted during the review. The information you provided can 

be found in NRC’s Agencywide Documents Access and Management System (ADAMS) using 

the Accession Number ML102710098. 

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

resulting from the discussions. 

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 at Randy.Erickson@nrc.gov to discuss your concerns. 

 Sincerely, 

 /RA/ 

 

 Randy Erickson 

 Regional State Agreements Officer 

Enclosure: 

Periodic Meeting Summary for Oregon 

(cc listing on next page) 
Oregon Health Authority 

-2- 

cc w/enclosure: 

Terry D. Lindsey 

RPS Special Projects 

Environmental Public Health 

Public Health Division 

Oregon Health Authority 

800 NE Oregon Street, Suite 640 

Portland, Oregon 97232-2162 

Todd S. Carpenter, Licensing Manager 

Radiation Protection Services 

Oregon Public Health Division 

Oregon Health Authority 

800 NE Oregon Street, Suite 640 

Portland, OR 97232-2162 
Oregon Health Authority 

-3- 

Internal distribution via e-mail: 

Art Howell, DNMS 

Charles Cain, DNMS 

Robert Lewis, FSME 

Terry Reis, FSME 

James Luehman, FSME 

Duncan White, FSME 

Randy Erickson, SAO 

Rachel Browder, SAO 

Monica Orendi, FSME 

Janine Katanic, FSME 

Michelle Beardsley, FSME 

Karen Meyer, FSME 

MLXXXXXXXXX 

SUNSI Review Completed: Yes ADAMS: X Yes □ No Initials: RRE 

X Publicly Available □ Non-Publicly Available □ Sensitive X Non-Sensitive 

S:\dnms\!SAO\PeriodicMeetings\2010\Oregon\2010 Oregon Public Meeting Summary.doc 

Final: s:\dnms\ltrs-memos\ 

RIV: RSAO 

RRErickson 

/RA/ 

9/30/10 

OFFICIAL RECORD COPY T=Telephone E=E-mail F=Fax
ENCLOSURE 

AGREEMENT STATE PERIODIC MEETING SUMMARY FOR THE 

OREGON HEALTH AUTHORITY 

DATE OF MEETING: SEPTEMBER 21, 2010 

NRC Attendees

Randy Erickson, RSAO 

Charles Cain, Deputy Director, DNMS 

Oregon Attendees

Terry Lindsey, RPS Special Projects Kevin Siebert, Health Physicist-Inspections 

David Howe, Acting Section Manager Justin Spence, Health Physicist-Inspections 

Todd Carpenter, Licensing Manager Daryl Leon, Health Physicist-Inspections 

Bonny Wright, Medical Physicist Nancy Curry, Office Specialist 

Sylvia Martin, Health Physicist-Licensing 

DISCUSSION: 

At the time of the 2009 IMPEP review, the Oregon Agreement State Program was administered 

by the Radiation Protection Services Section (Section) in the Division of Public Health (Division) 

which was part of the Oregon Department of Human Services. The most recent legislative 

session in 2009 moved the Division and ultimately the Section to the Oregon Health Authority. 

This transition is anticipated to be completed by June 30, 2011. 

The 2009 IMPEP Review was conducted the week of August 24-27, 2009. The review team 

found Oregon’s performance to be satisfactory for three performance indicators and 

satisfactory, but needs improvement for three other indicators. The team closed three open 

recommendations and opened three new recommendations; and, recommended that the 

Oregon Program be found adequate to protect public health and safety, but needs 

improvement, and is compatible with NRC's program. 

The team recommended that the Program remain on monitoring with a periodic meeting to be 

held in one year. The team also recommended that the next full IMPEP review be held in four 

years, but the Program requested that the next review take place in three years to not conflict 

with the 2011 and 2013 sessions of the Oregon Legislature. 

Following the August 2009 program review NRC held two Monitoring calls with the Section. The 

first call was held on March 16, 2010 where the Section reported they had completed one of the 

three recommendations involving development and implementation of a procedure for the 

control of sensitive or security-related information that provides guidance to identify, mark, 

handle, and protect such information. The second call was held on June 16, 2010 where the 

Section reported they were still working on the remaining recommendations involving staff 

qualifications; and, the timely entry of information into NMED. 
Oregon Periodic Meeting Summary 

-2- 

ENCLOSURE 

The following is a status summary of the three recommendations that were identified in the 2009 

Oregon final IMPEP report: 

• The review team recommends the State develop and use a documented formal 

qualification program (including refresher training) for inspection and licensing staff that 

would include journals that clearly indicate each individual’s training and qualification 

including oral and/or written evaluation of their understanding of regulations and 

guidance documents. 

Current Status: The Section developed a Training Policy Statement which clarifies their 

commitment to proper training and development of the technical staff. Additionally, they 

developed a comprehensive qualification program utilizing a three phased approach. 

Manual Chapter 1246 was used as a guide during development, and their program 

closely mirrors NRC’s required classroom training and inspection requirements. As 

candidates move through the training program, trainers and supervisors sign off on their 

progress. When candidates have completed the training requirements and have 

received enough inspection related experience to operate independently, they are 

reviewed by management who then signs their qualification documentation. 

This recommendation should be verified and closed at the next IMPEP review. 

• The review team recommends that the State develop and implement a procedure for the 

control of sensitive or security-related information that provides guidance to identify, 

mark, handle, and protect such information. 

Current Status: The Section developed a protocol entitled, “Sensitive Unclassified 

Non-Safeguards Information (SUNSI )” which was developed using the guidance found 

in RIS 2005-31. The Section implemented their SUNSI program and staff now utilizes 

the protocol to more consistently identify, mark, handle and properly protect sensitive or 

security-related information. The protocol is now applied to all documents, either 

incoming or staff generated, to appropriately handle documents determined to be 

sensitive. 

This recommendation should be verified and closed at the next IMPEP review. 

• The review team recommends that the Section implement a process to ensure all 

required information is submitted to NMED and to also promote timely completion of 

NMED entries. 

The Program in conjunction with Idaho National Laboratory provided NMED training to 

the staff on May 11, 2010. Concurrent with that training, NRC Region IV provided 

SA-300 training. During that training, discussions were held regarding appropriate and 

timely reporting to the Headquarters Operations Officer in addition to NMED, and the 

requirements associated with each type of reporting. The Program has also developed 

a protocol regarding events which includes timely NMED data entry and follow-up to 

ensure NMED data is properly submitted. Additionally, the incidents are now reviewed 

during monthly staff meetings. As closing information is gathered, it goes through two 
Oregon Periodic Meeting Summary 

-3- 

ENCLOSURE 

levels of management evaluation prior to being sent to NMED for closure. 

This recommendation should be verified and closed at the next IMPEP review. 

 

Other topics covered at the meeting included. 

Program Strengths: The Oregon Program is a relatively stable program with most of the 

technical staff having been with the Program for several years. These individuals came 

to the Program from diverse health physics backgrounds which only serve to bolster the 

cohesive nature in which the inspectors work together. Staff is supportive of each other 

and work together to achieve maximum success for the program. 

Program Weaknesses: The Section identified one main area that continues to stress the 

Program, with that being in the area of unfunded NRC requirements. Managers noted 

that to date, the Program has been able to conduct increased control inspections, issue 

fingerprinting license conditions, implement pre-licensing guidance; and, keep up with 

the requirements of the National Source Tracking System, mainly because Section 

personnel have been able to be flexible and prioritize regulatory projects Although the 

Section was successful in securing recent fee increases, this may not continue to be the 

case in the future. 

The Section also noted difficulties with navigating NRC’s public website as a hindrance 

to efficiently locating guidance documents. Specifically, the Program noted that the 

search function of the website does not function as easily as other public and 

government websites. 

Feedback on NRC’s program as identified by the State, including identification of any action that 

should be considered by NRC: 

 

The Section expressed their appreciation for NRC’s continued funding of Agreement 

State staff training. 

Staffing and training: 

The Oregon Program is a moderate sized program with 21 staff members. Most of the 

technical staff has both primary and secondary responsibilities within the Program. 

However, the majority of their time is spent within their main program area. At the time 

of the 2009 IMPEP review, the Program had 5.25 full-time equivalents in the technical 

program areas, now they are up to 7.5 full-time equivalents. They plan to ask for 2 

additional staff during the next legislative session. The entire process for securing 

additional staff can take up to 6 years to complete. 

The technical staff has been very stable with no turnover since 2001. While Section 

management completely turned over in 2007 due to the retirement of several individuals, 

it has been stable since that time. However, the current Program Manager announced 

his retirement effective January 31, 2011, and a nationwide search for a replacement is 

currently underway. 
Oregon Periodic Meeting Summary 

-4- 

ENCLOSURE 

The Section reported that they have been able to get staff into training courses and have 

even hosted courses. The most recent course they hosted was NRC’s Transportation 

Course which was approximately two years ago. The Section reported that several of 

their staff, including some of the senior staff, failed the class. This was discussed with 

the Section who stated that they discussed this in detail with FSME senior management 

at the time. The Section reported that none of the staff who failed the course actually 

required it for qualification at the time so specific alternatives for training were discussed. 

Program reorganizations: 

 The Section reported that the 2009 Oregon legislative session passed House Bill 2009 

which resulted in the Public Health Division being transferred to a new agency named 

the Oregon Health Authority. Administrative and Information Technology services will 

remain a shared expense between the two departments. The change is being phased in 

over a two year period and is anticipated to be completed by June 30, 2011. The 

Section views this as a positive change with more access to the legislature. 

 The Section believes that additional organizational changes are likely to occur as the 

Department moves towards a more “lean” organization structure. 

Changes in Program budget/funding: 

 The Department has not experienced significant problems with budgeting or funding in 

regards to the materials program. The Department is 85 percent fee funded. The most 

recent change to the Section’s funding occurred on September 1, 2010 when the 

radioactive materials licensing fees were approved for a 20 percent fee increase. The 

Program reported that this funding level is sufficient to operate the Program at current 

levels. 

 The Section also reported that the Section has lost one FTE equivalent over the last 

three years due to reductions in CDC federal grant appropriations. This loss of funding 

has had to be absorbed by the Section to continue to provide an emergency response 

function. 

Materials Inspection Program: 

The Department reported that they currently have no overdue inspections. Routine 

inspections are generally performed by the due date. Initial inspections are generally 

performed within 12 months of issuance. The Section continues to inspect Increased 

Controls inspections in conjunction with routine inspections. 

Regulations and Legislative changes: 

The Department reported that they are currently up to date on all regulations. There are 

three regulation packages that will come due by the end of 2010. These include: 
Oregon Periodic Meeting Summary 

-5- 

ENCLOSURE 

• “Requirements for Expanded Definition of Byproduct Material,” 10 CFR Parts 20, 30, 31, 

32, 33, 35, 61, and 150 amendment (72 FR 55864), that is due for Agreement State 

adoption by November 30, 2010. 

(The Section reported they have already submitted this rule package as final rule for 

NRC review) 

• “Exemptions from Licensing, General Licenses, and Distribution of Byproduct Material: 

Licensing and Reporting Requirements,” 10 CFR Parts 30, 31, 32, and 150 amendment 

(72 FR 58473), that is due for Agreement State adoption by December 17, 2010. 

• “Medical Use of Byproduct Material – Minor Corrections and Clarifications,” 10 CFR 

Parts 32 and 35 amendment (72 FR 45147, 54207), that is due for Agreement State 

adoption by October 29, 2010. 

Event reporting, including follow-up and closure information in NMED.

The Section reported that all NMED information with the exception of three open items is 

currently up to date. 

Response to incidents and allegations.

The Section maintains sensitivity to notifications of incidents and allegations. Incidents 

are quickly reviewed for their affect on public health and safety. Staff is dispatched to 

perform onsite investigations when necessary. The Section Manager and staff have 

placed a high emphasis on maintaining an effective response to incidents and 

allegations. 

Status of allegations and concerns referred by the NRC for action. 

No allegations were referred by NRC to the Section since the 2009 IMPEP review. 

Significant events and generic implications. 

The Section reported multiple examples of fixed gauge failures at Oregon industrial 

plants which they believe may be related to improper installation or maintenance 

failures. The Section plans to escalate follow-up inspections from a five-year frequency, 

to a one or two year frequency to ensure that these issues are addressed. 

Current State Initiatives. 

The Department plans to initiate a funding proposal in the 2011 legislative session to 

fund NRC’s requirements placed upon the program. They are also seeking funding to 

build a comprehensive environmental health program within the Public Health Division of 

the Oregon Health Authority. Additionally, Oregon is in the final phase of the CRCPD 

SCATR source disposal program. 
Oregon Periodic Meeting Summary 

-6- 

ENCLOSURE 

Emerging Technologies. 

None noted. The Section reported they recently updated their administrative rules to be 

compatible with 10 CFR 35.1000 rule on emerging technologies. 

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

 None noted. However, the Section did note that an ORAU contractor recently submitted a 

FOIA request related to the NIOSH Dose Reconstruction Project for an Oregon licensee. 

This effort took about 40 staff hours as they reviewed approximately 20,000 pages of 

records. 

State’s mechanisms to evaluate performance. 

Section managers use a combination of internal audits of the program, the use of 

databases to track work and evaluate performance, accompaniments of inspectors to 

evaluate training and performance, and also conducts routine staff meetings to review 

the status of the licensing and inspection programs, regulation compatibility, protocol 

development, and incident reviews as a means to evaluate the Section’s overall 

performance. 

Current NRC initiatives: 

NRC staff discussed ongoing initiatives with the Office. This included pre-licensing 

guidance, fingerprint orders, national source tracking, web-based licensing, generally 

licensed devices, safety culture, Part 37; and, revisions of NuReg 1556 series, IMC 1246 

and IMC 2800. 

Summary:

 The Section appears to have spent a significant amount of time and effort to address the 

three recommendations identified during the 2009 IMPEP review. A Training Policy 

Statement has been developed, formal qualification journals have been developed and 

implemented, procedures to properly handle and mark sensitive documents have been 

developed and implemented, and a process for timely submission of NMED documents 

has been developed and implemented. The Section believes they have sufficiently 

demonstrated a period of sustained performance. The Section reports that sensitive 

documents are now being marked and handled appropriately, and NMED data is being 

closed out in a timely manner. While qualification journals have been developed for the 

technical staff, current technical staff has been with the program a minimum of nine 

years and have been fully qualified for several years. The newly developed qualification 

journals will be used for all new staff joining the Section. 

 For those reasons it is recommended that the Management Review Board consider 

removing the Oregon Program from Monitoring. 

 
Oregon Periodic Meeting Summary 

-7- 

ENCLOSURE 

Schedule for the next IMPEP review: 

 It is recommended that the next IMPEP review to be held in two years (2012) to 

accommodate Oregon’s request to not conflict with the 2011 and 2013 legislative 

sessions.