January 24, 2011 

Ms. Mary Sue Semerena 

Administrator, Environmental Health 

Nebraska Department of Health and Human Services 

301 Centennial Mall South, 3rd Floor 

Lincoln, NE 68509 

Dear Ms. Semerena: 

On January 4, 2011, the Management Review Board (MRB) met to consider the proposed final 

Integrated Materials Performance Evaluation Program (IMPEP) report on the Nebraska 

Agreement State Program. The MRB found the Nebraska Agreement State Program adequate 

to protect public health and safety and compatible with the U.S. Nuclear Regulatory 

Commission’s (NRC) program. 

Section 5.0, page 9, of the enclosed final report contains a summary of the IMPEP review 

team=s findings. Based on the results of the current IMPEP review, the next full review of the 

Nebraska Agreement State Program will take place in approximately 4 years, with a periodic 

meeting tentatively scheduled for October 2012. 

During the periodic meeting and at the next IMPEP review, NRC will evaluate the effectiveness 

of the overall implementation of your Agreement State Program. 

I appreciate the courtesy and cooperation extended to the IMPEP team during the review. 

I also wish to acknowledge your continued support for the Agreement State Program. I look 

forward to our agencies continuing to work cooperatively in the future. 

Sincerely, 

/RA/ 

Michael F. Weber 

Deputy Executive Director for Materials, Waste, 

 Research, State, Tribal, and Compliance Programs 

Office of the Executive Director for Operations 

Enclosure: 

Nebraska Final IMPEP Report 

cc: Ms. Julia Schmitt, Manager 

 Office of Radiological Health 
Ms. Mary Sue Semerena 

Administrator, Environmental Health 

Nebraska Department of Health and Human Services 

301 Centennial Mall South, 3rd Floor 

Lincoln, NE 68509 

Dear Ms. Semerena: 

On January 4, 2011, the Management Review Board (MRB) met to consider the proposed final 

Integrated Materials Performance Evaluation Program (IMPEP) report on the Nebraska 

Agreement State Program. The MRB found the Nebraska Agreement State Program adequate 

to protect public health and safety and compatible with the U.S. Nuclear Regulatory 

Commission’s (NRC) program. 

Section 5.0, page 9, of the enclosed final report contains a summary of the IMPEP review 

team=s findings. Based on the results of the current IMPEP review, the next full review of the 

Nebraska Agreement State Program will take place in approximately 4 years, with a periodic 

meeting tentatively scheduled for October 2012. 

During the periodic meeting and at the next IMPEP review, NRC will evaluate the effectiveness 

of the overall implementation of your Agreement State Program. 

I appreciate the courtesy and cooperation extended to the IMPEP team during the review. 

I also wish to acknowledge your continued support for the Agreement State Program. I look 

forward to our agencies continuing to work cooperatively in the future. 

Sincerely, 

 /RA/ 

Michael F. Weber 

Deputy Executive Director for Materials, Waste, 

 Research, State, Tribal, and Compliance Programs 

Office of the Executive Director for Operations 

Enclosure: 

Nebraska Final IMPEP Report 

cc: Ms. Julia Schmitt, Manager 

 Office of Radiological Health 

DISTRIBUTION: 

See next page 

ADAMS Accession No.: 110110036 

OFFICE FSME/MSSA FSME/MSSA FSME/MSSA FSME/MSSA 

NAME MBeardsley DWhite TReis RLewis 

DATE 01/11/11 01/11/11 01/12/11 01/13/11 

OFFICE Tech Editor FSME DEDMRT 

NAME CPoland 

(PTressler for) 

CMiller MFWeber 

DATE 01/19/11 01/20/11 01/24/11 

OFFICIAL RECORD COPY
Letter to Mary S. Semerena from Michael F. Weber dated January 24, 2011 

SUBJECT: NEBRASKA 2010 FINAL IMPEP REPORT 

DISTRIBUTION: EDATS: FSME-2011-0009 

PUBLIC 

MSSA_Technical_Asst_Resource DCD (SP01) 

EDO RF 

RidsEdoMailCenter 

RidsFsmeOd 

RidsOgcMailCenter 

RidsSecyCorrespondenceMailCenter Chairman Jaczko 

MBeardsley, FSME/MSSA Commissioner Svinicki 

RBrowder, RIV/RSAO Commissioner Apostolakis 

LDimmick, FSME/MSSA Commissioner Magwood 

RErickson, RIV/RSAO Commissioner Ostendorff 

RCaniano, RIV SECY 

JKatanic, RIV 

GWarren, RIII 

BJuran, MN 

DLew, RI 

KBrock, OEDO 

BJones, OGC 

JBiggins, OGC 

Karen Beckley, Nevada 

JOlmstead, OGC 

JWeil, OCA (2 copies)
 

 Enclosure 

INTEGRATED MATERIALS PERFORMANCE EVALUATION PROGRAM 

REVIEW OF THE NEBRASKA AGREEMENT STATE PROGRAM 

OCTOBER 4-7, 2010 

FINAL REPORT

 
Nebraska Final Report 

EXECUTIVE SUMMARY 

This report presents the results of the review of the Nebraska Agreement State Program. 

The review was conducted during the period of October 4-7, 2010, by a review team composed 

of technical staff members from the U.S. Nuclear Regulatory Commission (NRC) and the State 

of Minnesota.

During the previous Integrated Materials Performance Evaluation Program (IMPEP) review, 

which concluded on September 21, 2006, the review team made no recommendations 

regarding the Nebraska Agreement State Program’s performance

Based on the results of this review, Nebraska’s performance was found satisfactory for all six 

performance indicators reviewed. The review team made no recommendations regarding the 

performance of the Nebraska Agreement State Program. Accordingly, the review team 

recommended, and the Management Review Board (MRB) agreed, that the Nebraska 

Agreement State Program be found adequate to protect public health and safety and compatible 

with NRC's program. 

The review team recommended, and the MRB agreed, that the next full IMPEP review take 

place in approximately 4 years.
Nebraska Final Report Page 1

1.0 INTRODUCTION 

This report presents the results of the review of the Nebraska Agreement State Program. 

The review was conducted during the period of October 4-7, 2010, by a review team composed 

of technical staff members from the U.S. Nuclear Regulatory Commission (NRC) and the State 

of Minnesota. Team members are identified in Appendix A. The review was conducted in 

accordance with the “Implementation of the Integrated Materials Performance Evaluation 

Program and Rescission of Final General Statement of Policy,” published in the Federal 

Register on October 16, 1997, and NRC Management Directive 5.6, “Integrated Materials 

Performance Evaluation Program (IMPEP),” dated February 26, 2004. Preliminary results of the 

review, which covered the period of September 22, 2006, to October 3, 2010, were discussed 

with Nebraska managers on the last day of the review. 

A draft of this report was issued to Nebraska for factual comment on October 25, 2010. The 

State responded by email dated December 2, 2010, from Mary Sue Semerena, Administrator, 

Environmental Health, Department of Health and Human Services. A copy of the State’s 

response is included as the Attachment to this report. The Management Review Board (MRB) 

met on January 4, 2011, to consider the proposed final report. The MRB found the Nebraska 

Agreement State Program adequate to protect public health and safety and compatible with 

NRC’s program. 

The Nebraska Agreement State Program is administered by the Radiation Control Program (the 

Program), which is located within the Department of Health and Human Services (the 

Department). The Program Director reports to the Administrator of Environmental Health. 

Organization charts for the Department and the Program are included as Appendix B. 

At the time of the review, the Nebraska Agreement State Program regulated 148 specific 

licenses authorizing possession and use of radioactive materials. The Program also regulates a 

large general licensee population with approximately 160 at the time of this review. The review 

focused on the radioactive materials program as it is carried out under the Section 274b. (of the 

Atomic Energy Act of 1954, as amended) Agreement between NRC and the State of Nebraska. 

In preparation for the review, a questionnaire addressing the common and applicable noncommon performance indicators was sent to the Program on July 6, 2010. The Program 

provided its response to the questionnaire by email on September 16, 2010. A copy of the 

questionnaire response can be found in NRC’s Agencywide Documents Access and 

Management System (ADAMS) using the Accession Number ML102930154. 

The review team's general approach for conduct of this review consisted of: (1) examination of 

the Program’s response to the questionnaire; (2) review of applicable Nebraska statutes and 

regulations; (3) analysis of quantitative information from the Program’s database; (4) technical 

review of selected regulatory actions; (5) field accompaniments of three inspectors; and 

(6) interviews with staff and managers. The review team evaluated the information gathered 

against the established criteria for each common and the applicable non-common performance 

indicator and made a preliminary assessment of the Nebraska Agreement State Program’s 

performance. 

Section 2.0 of this report covers the State’s actions in response to any recommendations made 

during previous reviews. Results of the current review of the common performance indicators
Nebraska Final Report Page 2

are presented in Section 3.0. Section 4.0 details the results of the review of the applicable noncommon performance indicators, and Section 5.0 summarizes the review team's findings. 

2.0 STATUS OF ITEMS IDENTIFIED IN PREVIOUS REVIEWS 

During the previous IMPEP review, which concluded on September 21, 2006, the review team 

made no recommendations regarding the Nebraska Agreement State Program’s performance. 

3.0 COMMON PERFORMANCE INDICATORS 

Five common performance indicators are used to review NRC Regional and Agreement State 

radioactive materials programs. These indicators are: (1) Technical Staffing and Training, 

(2) Status of Materials Inspection Program, (3) Technical Quality of Inspections, (4) Technical 

Quality of Licensing Actions, and (5) Technical Quality of Incident and Allegation Activities. 

3.1 Technical Staffing and Training

Issues central to the evaluation of this indicator include the Program’s staffing level and staff 

turnover, as well as the technical qualifications and training histories of the staff. To evaluate 

these issues, the review team examined the Program’s questionnaire response relative to this 

indicator; interviewed managers and staff, reviewed job descriptions and training records, and 

considered any workload backlogs. 

When fully staffed, the Nebraska Agreement State Program is composed of the Administrator of 

Environmental Health, the Radiation Control Program Manager, 3 Health Physicist technical 

staff who perform both licensing and inspection duties and respond to incidents and allegations, 

a Health Specialist who performs regulation development and general license tracking duties 

and a Staff Assistant for clerical support. The Program Manager and technical staff also 

perform emergency response duties. Based on information provided by the Program, the 

review team estimated that the Program routinely expends approximately 5.0 full-time 

equivalents (FTE) to administer the Agreement State program. 

During the review period, the staffing level has remained stable, with no individuals leaving or 

being hired during this time. There are no open positions currently. 

The review team noted that the Program experienced stable funding during the review period. 

The Program is totally funded through licensee fees which were increased in July, 2009. 

Training and qualification requirements for the radioactive materials staff are established in a 

procedure dated February 2, 1999. The Program Manager is in the process of revising this 

procedure to encompass new NRC guidelines for inspector qualifications. The procedure sets 

forth essentially the same training and qualification recommendations developed by the NRC’s 

Inspection Manual Chapter (IMC 1246). Inspector requirements include NRC, or equivalent, 

core training courses, when available. All of the technical staff members have a Bachelor’s 

degree, coupled with at least fifteen years of experience in the Program. All technical staff 

members have taken the NRC courses deemed appropriate for their tasks. All staff members, 

including the Program Manager, have attended the NRC Security Systems and Principles 

Course and the recent H-401 training on Nuclear Pharmacies. The training records 

demonstrated that Program management is committed to training for the staff within budgetary 

constraints. The review team concluded that the Program has a well-balanced staff and a
Nebraska Final Report Page 3

sufficient number of trained personnel to carry out regulatory duties. The review team noted that 

Program management encourages and supports training opportunities based on program 

needs. The review team concluded that the Program’s staffing and training is adequate to carry 

out its regulatory duties. 

Based on the IMPEP evaluation criteria, the review team recommends, and the MRB agreed, 

that Nebraska’s performance with respect to the indicator, Technical Staffing and Training, be 

found satisfactory. 

3.2 Status of Materials Inspection Program

The review team focused on five factors while reviewing this indicator: inspection frequency, 

overdue inspections, initial inspections of new licenses, timely dispatch of inspection findings to 

licensees, and performance of reciprocity inspections. The review team’s evaluation was based 

on the Program’s questionnaire response relative to this indicator, data gathered from the 

Program’s database, examination of completed inspection casework, and interviews with 

managers and staff members. 

The review team verified that the Program’s inspection frequencies for all types of radioactive 

materials licenses are at least the same frequency as those listed in NRC’s IMC 2800, 

“Materials Inspection Program” with twenty-six license types having an inspection priority set at 

a greater frequency than that prescribed by IMC 2800, including Type A broadscope, medical 

limited/private practice, nuclear laundry, self-shielded irradiators, etc. The review team also 

verified that the Program conducts inspections of multiple locations of use for multi-site licenses. 

In all instances reviewed by the team, the Program met or exceeded the minimum criterion of 20 

percent of sites for licenses with five or more locations of use listed on the license. 

The Program conducted a total of 113 Priority 1, 2 and 3 (high priority) inspections during the 

review period. The Program indicated in its response to the questionnaire, and the review team 

verified, that one high priority inspection was conducted overdue by more than 25 percent of the 

inspection frequency prescribed by IMC 2800. The review team verified that no high priority 

inspections were overdue at the time of the review. Overall the review team determined that the 

Program performed less than 1 percent of all Priority 1, 2 and 3 inspections overdue during the 

review period. 

The review team also evaluated the Program’s timeliness for conducting initial inspections. The 

review team noted that the Program issued 27 new licenses during the review period and 

conducted all initial inspections within 12 months after license issuance as prescribed by IMC 

2800. 

The review team evaluated the Program’s timeliness of issuance of inspection reports. The 

Program has a policy of issuing the inspection findings to licensees within 30 days from the date 

of the inspection. All inspection reports are submitted for both a peer and supervisory review. 

Of the 23 inspection files reviewed, the review team identified two cases in which inspection 

findings were issued beyond the 30-day goal. One finding was issued 1-calendar day late and 

the other was issued 4 calendar-days late. 

During the review period, the Program received requests for reciprocity from 84 Priority 1, 2 and 

3 licensees and inspected an average of 24 percent of those licensees annually (IMC 1220, 

“Processing of NRC Form 241 and Inspection of Agreement State Licensees Operating Under
Nebraska Final Report Page 4

10 CFR 150.20,” requires inspection of 20 percent of candidate licensees operating under 

reciprocity annually). 

Based on the IMPEP evaluation criteria, the review team recommends, and the MRB agreed, 

that Nebraska’s performance with respect to the indicator, Status of Materials Inspection 

Program, be found satisfactory. 

3.3 Technical Quality of Inspections

The review team evaluated inspection reports, enforcement documentation, and inspection field 

notes and interviewed the responsible inspector for 23 radioactive materials inspections 

conducted during the review period. The casework examined included a cross-section of 

inspections conducted by three current inspectors and covered a wide variety of inspection 

types. These included diagnostic nuclear medicine, mobile nuclear medicine, veterinarian 

nuclear medicine, high dose-rate remote afterloader, industrial radiography, portable gauges, 

gamma knife, nuclear pharmacy, self-shielded irradiator, PET production facility and a pool 

irradiator. The casework included initial, routine, followup, reciprocity, and Increased Controls 

(IC) inspections. Appendix C lists the inspection casework files reviewed. 

Based on the evaluation of casework, the review team determined that inspections covered all 

aspects of the licensees’ radiation safety and security programs. The review team noted that 

the inspections covered the Increased Controls, Fingerprinting, and the National Source 

Tracking System when appropriate. The review team found that inspection reports were very 

thorough, complete, consistent, and of high quality with sufficient documentation to ensure that 

licensees’ performances with respect to health, safety, and security were acceptable. 

Inspection report documentation supported violations, recommendations made to licensees, and 

unresolved safety issues. 

While on site, the review team evaluated the Program’s handling and storing of sensitive 

documents. The team noted that while files containing Increased Controls documents were 

appropriately protected, segregated from other files, and maintained in a manner to limit access; 

the actual licenses in those files were not marked as containing sensitive information. 

Additionally, during casework evaluations, the review team noted that some of the reciprocity 

files containing sensitive information had not been secured in the same manner as the 

Increased Controls files. This was discussed with the Program, who immediately identified and 

secured the files. 

The review team noted that some outgoing correspondence containing sensitive information 

was not appropriately marked. The review team met with the Program to discuss the 

importance of these markings as an indication to licensees that they need to appropriately 

protect the documents once in their possession. The Program immediately revised their 

procedure to require that all staff must review outgoing documents and mark those as 

containing sensitive information, if applicable, according to the screening criteria specified in 

NRC Regulatory Issue Summary RIS-2005-31. In addition, the Program did a thorough review 

of all files and marked those documents containing sensitive information as such. Throughout 

the review, the team did not discover any evidence of an unintended release or unauthorized 

disclosure of sensitive information. 

The Office has a policy to accompany all staff performing radioactive materials inspections on 

an annual basis. Annual inspector accompaniments were defined by the Program Manager as 
Nebraska Final Report Page 5

performance based accompaniments. Because the three health physicists are all long term 

experienced inspectors; the Program manager accompanies the inspectors throughout the year 

on investigations and special inspections and then evaluates their performance on this work. 

Additionally, multiple peer accompaniments are performed each year. The staff also performs 

peer reviews on all inspection reports generated. They believe this model is a more effective 

way to comprehensively evaluate staff performance rather than only one supervisory 

accompaniment each year. 

The review team verified that the Program maintains an adequate supply of appropriately 

calibrated survey instruments to support the inspection program, as well as to respond to 

radioactive materials incidents and emergency situations. The Program receives laboratory and 

sample analysis support from the State laboratory, the University of Nebraska and a contract 

laboratory depending on the type of analysis needed. For example, complex environmental 

samples are sent to a contract laboratory in Chicago, Illinois. 

The review team accompanied three of the Program’s inspectors during the period of June 28-

30, 2010. The inspectors conducted inspections at a medical licensee, an industrial 

radiography licensee, and a pool irradiator licensee. The inspector accompaniments are listed 

in Appendix C. The inspectors demonstrated performance-based inspection techniques and 

knowledge of the regulations. The inspectors were well trained, prepared for the inspections, 

and thorough in their audits of the licensees’ radiation safety and security programs. The 

inspectors conducted interviews with appropriate personnel, observed licensed operations, 

conducted confirmatory measurements, and utilized good health physics practices. The 

inspectors held entrance and exit meetings with the appropriate level of licensee management. 

The review team determined that the inspections were adequate to assess radiological health, 

safety, and security at the licensed facilities. 

Based on the IMPEP evaluation criteria, the review team recommends, and the MRB agreed, 

that Nebraska’s performance with respect to the indicator, Technical Quality of Inspections, be 

found satisfactory. 

3.4 Technical Quality of Licensing Actions

The review team examined completed casework and interviewed license reviewers for 18 

licensing actions covering 17 specific licenses. Licensing actions were reviewed for 

completeness, consistency, proper radioisotopes and quantities, qualifications of authorized 

users, adequacy of facilities and equipment, adherence to good health physics practices, 

financial assurance, security requirements, operating and emergency procedures, 

appropriateness of license conditions, and overall technical quality. The casework was also 

reviewed for timeliness, use of appropriate correspondence, reference to appropriate 

regulations, supporting documentation, consideration of enforcement history, pre-licensing 

visits, peer and supervisory review, and proper signatures. 

The licensing casework was selected to provide a representative sample of licensing actions 

completed during the review period. Licensing actions selected for evaluation included 3 new 

licenses, 3 renewals, 8 amendments, and 4 license terminations. Casework reviewed included 

a cross-section of license types, including: industrial radiography, broadscope - medical and 

academic, nuclear medicine - diagnostic and therapeutic, research and development - human 

use and non-human use, portable gauge, fixed gauge, mobile nuclear medicine, nuclear 

pharmacy, and irradiator – unshielded during irradiation. A listing of the licensing casework
Nebraska Final Report Page 6

reviewed can be found in Appendix D. 

The review team found that the licensing actions were thorough, complete, consistent, and of 

high quality with health, safety, and security issues properly addressed. License tie-down 

conditions were stated clearly, backed by information contained in the file and enforceable. The 

review team found that actions terminating licenses were well documented, included the 

appropriate material survey records, and contained documentation of proper disposal or transfer 

of radioactive material, as appropriate. 

The Program has three Health Physicists and the Program Manager that are qualified license 

reviewers. License reviewers have access to, and use both the Program’s licensing guidance 

and NRC NUREG 1556 series. Licenses are created using a license building program based 

on Microsoft Access. Once completed, all licenses are peer reviewed by another qualified 

license reviewer, and then reviewed and signed by the Program Manager or Section 

Administrator. 

The Program identified seven licensees requiring financial assurance; all licensees had financial 

assurance in place prior to the review period. Nebraska rules that went into effect in July 2009 

increased the amount of financial assurance required. Based on the quantity of material, the 

State gave licensees one to two years (depending on isotope form-unsealed, sealed) to submit 

the new financial assurance amounts. The review team identified two licensees which required 

an increase in financial assurance within the one year period that had not been updated. The 

review team discussed this with Program management who immediately contacted these 

licensees about revising their financial assurance amounts. 

The review team verified that the Program uses license conditions to require licensees to follow 

increased controls and fingerprinting requirements. Files containing increased control licenses 

are kept in a locked file cabinet. The review team found that these licenses and corresponding 

cover letters were not marked as containing sensitive information. As noted in Section 3.3 this 

was brought to the attention of Program management who immediately revised their procedures 

and marked the licenses while the review team was onsite. 

The review team assessed the Program’s implementation of the pre-licensing guidance. The 

Program has implemented the essential elements of NRC’s pre-licensing guidance issued on 

September 22, 2008 and transmitted to the Agreement States via Office of Federal and State 

Materials and Environmental Management Programs (FSME) Letter RCPD-08-020, “Requesting 

Implementation of the Checklist to Provide a Basis for Confidence That Radioactive Material 

Will Be Used as Specified on a License and the Checklist for Risk-significant Radioactive 

Material.” The licensing system used by the Program has a basic pre-licensing checklist built 

into it. The Program has a policy of hand-delivering all new licenses issued; this hand-delivery 

constitutes a pre-licensing visit. New licensees that fall under the increased controls also have 

a full security inspection performed during the license delivery. 

Based on the IMPEP evaluation criteria, the review team recommends, and the MRB agreed, 

that Nebraska’s performance with respect to the indicator, Technical Quality of Licensing 

Actions, be found satisfactory. 

3.5 Technical Quality of Incident and Allegation Activities 

In evaluating the effectiveness of the Program’s actions in responding to incidents and 

allegations, the review team examined the response to the questionnaire relative to this
Nebraska Final Report Page 7

indicator, evaluated selected incidents reported for Nebraska in the Nuclear Material Events 

Database (NMED) against those contained in the Program’s files, and evaluated the casework 

for 12 of the 36 reported radioactive materials incidents, as well as the initial reporting of two 

additional events for which the State had reviewed but had not yet conducted inspections. A 

listing of the casework examined can be found in Appendix E. The review team evaluated the 

Program’s response to four allegations involving radioactive materials reported directly to the 

State during the review period. 

When notified of an incident or an allegation, the inspection staff discusses the initial response 

and the need for an on-site investigation, based on the safety significance. The Program tracks 

all incidents and allegations through the minutes of bi-weekly staff meetings to ensure a timely 

and appropriate response. If the incident meets the reportability thresholds, as established in 

FSME Procedure SA-300, “Reporting Material Events,” the Program notifies the NRC 

Headquarters Operations Center. If the investigation is complex and extends over a period of 

time, the Program updates the respective NMED record, using the NMED software. Of the 12 

incidents evaluated by the review team which required reporting to NRC, all had been reported 

within the required time period. Of the 13 incidents which required reporting to NMED, all had 

been properly reported and completed in NMED. 

The review team also evaluated the single radioactive materials incident in the Program’s files 

that was not reported to NMED to determine if the event should have been reported in 

accordance with the criteria in FSME Procedure SA-300. The review team determined that the 

event was not required to be reported under the criteria. 

The incidents selected for review included lost or stolen radioactive material, damaged 

equipment, overexposure, and equipment failures. No medical events were reported to the 

State during the review period. The review team determined that the Program’s responses to 

incidents were thorough, complete, and comprehensive. Initial responses were prompt and well 

coordinated, and the level of effort was commensurate with the health and safety significance of 

the event. The review team noted that at the conclusion of investigations, inspectors generated 

narrative reports that thoroughly documented their findings. 

In evaluating the effectiveness of the Program’s response to allegations, the review team 

evaluated the completed casework for four allegations, which included all allegations received 

by the State during the review period. The review team concluded that the Program 

consistently took prompt and appropriate action in response to concerns raised. The review 

team noted that the Program thoroughly documented the investigations and retained all 

necessary documentation to appropriately close the allegations. The Program notified the 

allegers of the conclusion of all investigations within 30 days. The review team determined that 

the Program adequately protected the identity of allegers. 

Based on the IMPEP evaluation criteria, the review team recommends, and the MRB agreed, 

that Nebraska’s performance with respect to the indicator, Technical Quality of Incident and 

Allegation Activities, be found satisfactory.
Nebraska Final Report Page 8

4.0 NON-COMMON PERFORMANCE INDICATORS 

4.1 Compatibility Requirements

4.1.1 Legislation

Nebraska became an Agreement State on October 1, 1966. The currently effective statutory 

authority for the Department is contained in Nebraska Radiation Control Act 71-3501 to 

71-3520. The Department is designated as the State's radiation control agency. 

Several pieces of legislation were passed during the review period that in various ways affected 

the Radiation Control Program, but only one was noted that specifically affected the materials 

program, i.e. the statutory authorization for fingerprinting. 

4.1.2 Program Elements Required for Compatibility

Nebraska’s regulations for the control of radiation are located in Title 180 of the Nebraska 

Administrative Code and apply to ionizing and non-ionizing radiation, whether emitted from 

radionuclides or devices. Nebraska requires a license for possession and use of all radioactive 

materials. 

The review team examined the State’s rulemaking process and found that it takes an average of 

12 months from the beginning of the process to when the rules become effective. Regulations 

are developed in accordance with Nebraska’s Administrative Procedures Act where the public 

and other interested parties have an opportunity to comment on proposed regulation changes. 

The Program is prohibited from adopting another agency’s regulations solely by reference; 

however, the Program does have the ability to adopt another agency’s requirements by 

attaching the specific regulation with the effective date noted, to the State’s proposed 

regulations. The Program has the authority to issue legally binding requirements in lieu of 

regulations, and also has emergency rule capability if public health and safety are at risk. The 

Program’s regulations are not subject to sunset laws. 

The review team evaluated the Program’s response to the questionnaire relative to this 

indicator, reviewed the status of regulations required to be adopted, and verified the final 

adoption of regulations with data obtained from the State Regulation Status Data Sheet. Since 

the previous IMPEP review, the Department has completed and adopted eight amendments and 

is currently in the process of resolving NRC comments on seven additional amendments as 

noted below. 

Current NRC policy requires that Agreement States adopt certain equivalent regulations or 

legally binding requirements no later than 3 years after the effective date of NRC’s regulations. 

At the time of this review, Nebraska had no overdue amendments due for adoption. 

The review team noted that the following five regulation amendments will be due for adoption in 

the future. At the time of this review, those amendments have been reviewed in draft for 

compatibility by NRC and the Program is currently working to resolve NRC’s comments. At the 

time of the MRB meeting, the Program reported that the proposed final regulations incorporating 

NRC’s comments are under review by their legal services department. They expect them to be 

finalized in 2011. Those amendments are:
Nebraska Final Report Page 9

• “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. 

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

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

by November 30, 2010. 

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

Licensing and Reporting Requirements,” 10 CFR Parts 30, 31, 32, 150 amendment (72 

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

• “Occupational Dose Records, Labeling Containers, and Total Effective Dose Equivalent,” 

10 CFR Parts 19, 20 amendment (72 FR 68043), that is due for Agreement State 

adoption by February 15, 2011. 

• “Medical Use of Byproduct Material – Authorized User Clarification,” 10 CFR Part 35 

amendment (74 FR 33901), that is due for Agreement State adoption by September 28, 

2012. 

Based on IMPEP evaluation criteria, the review team recommends, and the MRB agreed, that 

Nebraska’s performance with respect to the indicator, Compatibility Requirements, be found 

satisfactory. 

4.2 Sealed Source and Device (SS&D) Evaluation Program

During the review period, no SS&D certificates were issued by the Program and there are 

currently no manufacturers of sealed sources or devices in the State. The State plans to 

contract with another Agreement State that has an SS&D evaluation program, if needed. The 

review team did not evaluate this indicator further. 

4.3 Low-Level Radioactive Waste (LLRW) Disposal Program

Nebraska was originally the designated host State in the Central Interstate Low-Level 

Radioactive Waste Compact (the Compact) for the LLRW disposal facility. In January 1999, 

Nebraska withdrew from the Compact. After the State’s withdrawal from the Compact, technical 

staff in the Department and the Department of Environmental Quality LLRW programs was 

reassigned to other positions. During the previous review period, the State transferred all funds 

from all LLRW-related special funds to the State General Fund. Consequently, the review team 

did not review this indicator. 

5.0 SUMMARY 

As noted in Sections 3.0 and 4.0 above, Nebraska’s performance was found satisfactory for all 

six performance indicators reviewed. The review team made no recommendations regarding 

the performance of the Nebraska Agreement State Program. Accordingly, the review team 

recommends, and the MRB agreed, that the Nebraska Agreement State Program be found 

adequate to protect public health and safety and compatible with NRC's program. 

Based on the results of the current IMPEP review, the review team recommends, and the MRB 

agreed, that the next full IMPEP review take place in approximately 4 years.
 

 

LIST OF APPENDIXES 

Appendix A IMPEP Review Team Members 

Appendix B Nebraska Organization Charts 

Appendix C Inspection Casework Reviews 

Appendix D License Casework Reviews 

Appendix E Incident Casework Reviews 
 

 

APPENDIX A 

IMPEP REVIEW TEAM MEMBERS 

Name Area of Responsibility

Michelle Beardsley, FSME Team Leader 

 Technical Staffing and Training 

 Status of Materials Inspection Program 

Randy Erickson, Region IV Technical Quality of Inspections 

 Compatibility Requirements 

 Inspector Accompaniments 

Brandon Juran, Minnesota Technical Quality of Licensing Actions 

Geoffrey Warren, Region III Technical Quality of Incident and Allegation 

 Activities
 

 

APPENDIX B 

NEBRASKA ORGANIZATION CHARTS 

ADAMS ACCESSION NO.: ML102930141
 

Nebraska Final Report Page C.18 

Inspection Casework Reviews 

APPENDIX C 

INSPECTION CASEWORK REVIEWS 

NOTE: CASEWORK LISTED WITHOUT COMMENT IS INCLUDED FOR COMPLETENESS 

ONLY. LICENSEE NAMES ARE OMITTED AT THE REQUEST OF THE PROGRAM, BASED 

ON STATE SECURITY POLICY 

File No.: 1 

Licensee: Redacted License No.: 08-09-01 

Inspection Type: Routine, Unannounced Priority: 3 

Inspection Date: 6/28/10 Inspector: JD 

File No.: 2 

Licensee: Redacted License No.: 04-01-01 

Inspection Type: Routine, Unannounced Priority: 2 

Inspection Date: 6/29/10 Inspector: BM 

File No.: 3 

Licensee: Redacted License No.: 02-46-01 

Inspection Type: Routine/Special, Unannounced Priority: 1 

Inspection Date: 6/30-7/7/10 Inspector: HS 

File No.: 4 

Licensee: Redacted License No.: 99-64-01 

Inspection Type: Routine/Special, Announced Priority: 1 

Inspection Date: 10/22/08 Inspector: BM 

File No.: 5 

Licensee: Redacted License No.: 01-81-01 

Inspection Type: Routine/Special, Unannounced Priority: 5 

Inspection Date: 7/13-19/07 Inspector: JD 

File No.: 6 

Licensee: Redacted License No.: 59-08-01 

Inspection Type: Initial/Special, Announced Priority: 2 

Inspection Dates: 5/10/2010 Inspectors: HS 

File No.: 7 

Licensee: Redacted License No.: 01-07-08 

Inspection Type: Routine/Special, Unannounced Priority: 2 

Inspection Date: 6/9-24/10 Inspector: HS 

File No.: 8 
 

Nebraska Final Report Page C.19 

Inspection Casework Reviews 

Licensee: Redacted License No.: 16-01-01 

Inspection Type: Routine/Special, Announced Priority: 1 

Inspection Date: 12/8/08 Inspector: BM 

 

File No.: 9 

Licensee: Redacted License No.: 02-06-04 

Inspection Type: Routine/Special, Unannounced Priority: 2 

Inspection Date: 9/3-5/08 Inspector: BM 

File No.: 10 

Licensee: Redacted. License No.: REC0286 

Inspection Type: Reciprocity, Unannounced Priority: 2 

Inspection Date: 3/1/10 Inspector: BM 

File No.: 11 

Licensee: Redacted. License No.: REC0136 

Inspection Type: Reciprocity, Unannounced Priority: 1 

Inspection Dates: 10/27/09 Inspector: HS 

File No.: 12 

Licensee: Redacted. License No.: REC0213 

Inspection Type: Reciprocity, Unannounced Priority: 1 

Inspection Date: 8/7/08 Inspector: BM 

File No.: 13 

Licensee: Redacted. License No.: 01-65-01 

Inspection Type: Routine, Unannounced Priority: 2 

Inspection Date: 10/4-11/20/06 Inspector: JD 

File No.: 14 

Licensee: Redacted. License No.: 02-59-01 

Inspection Type: Initial, Announced Priority: 5 

Inspection Date: 1/19/10 Inspector: HS 

File No.: 15 

Licensee: Redacted. License No.: 01-65-02 

Inspection Type: Routine, Unannounced Priority: 2 

Inspection Dates: 5/15/08 Inspector: BM 

 File No.: 16 

Licensee: Redacted License No.: 01-09-02 

Inspection Type: Routine, Unannounced Priority: 1 

Inspection Date: 6/1/10 Inspector: JD 

File No.: 17 

Licensee: Redacted License No.: 99-60-01 

Inspection Type: Routine, Unannounced Priority: 5 
 

Nebraska Final Report Page C.20 

Inspection Casework Reviews 

Inspection Date: 8/14/08 Inspector: JD 

File No.: 18 

Licensee: Redacted License No.: 02-04-01 

Inspection Type: Routine, Unannounced Priority: 5 

Inspection Date: 7/14-24/09 Inspector: BM 

File No.: 19 

Licensee: Redacted License No.: 99-57-01 

Inspection Type: Routine, Announced Priority: 5 

Inspection Dates: 2/27/08 Inspector: JD 

File No.: 20 

Licensee: Redacted License No.: 01-112-01 

Inspection Type: Routine, Unannounced Priority: 5 

Inspection Dates: 4/15/09 Inspector: HS 

File No.: 21 

Licensee: Redacted License No.: 02-60-01 

Inspection Type: Initial, Announced Priority: 5 

Inspection Date: 11/30/09 Inspector: HS 

File No.: 22 

Licensee: Redacted License No.: 01-119-01 

Inspection Type: Initial, Announced Priority: 5 

Inspection Date: 1/17/07 Inspector: HS 

File No.: 23 

Licensee: Redacted License No.: 1-122-01 

Inspection Type: Initial, Announced Priority: 3 

Inspection Date: 7/24/07 Inspector: HS 

INSPECTOR ACCOMPANIMENTS 

The following inspector accompaniments were performed prior to the on-site IMPEP review: 

Accompaniment No.: 1 

Licensee: Redacted License No.: 08-09-01 

Inspection Type: Routine, Unannounced Priority: 3 

Inspection Date: 6/28/10 Inspector: JD 

Accompaniment No.: 2 

Licensee: Redacted License No.: 04-01-01 

Inspection Type: Routine, Unannounced Priority: 2 

Inspection Date: 6/29/10 Inspector: BM 
 

Nebraska Final Report Page C.21 

Inspection Casework Reviews 

Accompaniment No.: 3 

Licensee: Redacted License No.: 02-46-01 

Inspection Type: Special, Unannounced Priority: 1 

Inspection Date: 6/30/10 Inspector: HS
 

 

 

APPENDIX D 

LICENSE CASEWORK REVIEWS 

NOTE: CASEWORK LISTED WITHOUT COMMENT IS INCLUDED FOR COMPLETENESS. . 

LICENSEE NAMES ARE OMITTED AT THE REQUEST OF THE PROGRAM, BASED 

ON STATE SECURITY POLICY 

File No.: 1 

Licensee: Redacted License No.: 09-09-01 

Type of Action: Termination Amendment No.: 2 

Date Issued: 10/23/09 License Reviewer: HS 

File No.: 2 

Licensee: Redacted License No.: 03-03-01 

Type of Action: Termination Amendment No.: 1 

Dates Issued: 8/31/09 License Reviewer: BM 

File No.: 3 

Licensee: Redacted License No.: 11-04-01 

Type of Action: New Amendment No.: 0 

Dates Issued: 6/25/08 License Reviewer: BM 

File No.: 4 

Licensee: Redacted License No.: 59-08-01 

Type of Action: New Amendment No.: 0 

Date Issued: 2/24/10 License Reviewer: HS 

File No.: 5 

Licensee: Redacted License No.: 02-10-02 

Type of Action: Termination Amendment No.: 27 

Date Issued: 6/13/08 License Reviewer: HS 

File No.: 6 

Licensee: Redacted License No.: 01-07-02 

Type of Action: Amendment Amendment No.: 96 

Date Issued: 7/31/08 License Reviewer: BM 

File No.: 7 

Licensee: Redacted License No.: 01-82-01 

Type of Action: Renewal Amendment No.: 35 

Date Issued: 4/5/10 License Reviewer: JD 

File No.: 8 

Licensee: Redacted License No.: 29-01-01 

Type of Action: Amendment Amendment No.: 8 

Date Issued: 12/17/07 License Reviewer: JD
Nebraska Final Report Page D.2

License Casework Reviews 

 

File No.: 9 

Licensee: Redacted License No.: 02-58-01 

Type of Action: Termination Amendment No.: 7 

Date Issued: 12/17/09 License Reviewer: BM 

File No.: 10 

Licensee: Redacted License No.: 01-120-01 

Type of Action: New Amendment No.: 0 

Date Issued: 1/11/07 License Reviewer: JD 

File No.: 11 

Licensee: Redacted License No.: 02-61-01 

Types of Action: Amendment Amendment No.: 1 

Dates Issued: 9/17/10 License Reviewer: HS 

File No.: 12 

Licensee: Redacted License No.: 02-01-03 

Types of Action: Renewal Amendment No.: 50 

Dates Issued: 7/24/09 License Reviewer: HS 

File No.: 13 

Licensee: Redacted License No.: 10-07-01 

Type of Action: Amendment Amendment No.: 6 

Date Issued: 8/5/10 License Reviewer: BM 

File No.: 14 

Licensee: Redacted License No.: 21-01-03 

Type of Action: Amendment Amendment No.: 60 

Date Issued: 8/5/10 License Reviewer: JD 

File No.: 15 

Licensee: Redacted License No.: 99-57-01 

Type of Action: Amendment Amendment No.: 20 

Date Issued: 2/5/10 License Reviewer: HS 

File No.: 16 

Licensee: Redacted License No.: 04-01-01 

Type of Action: Amendment Amendment No.: 45 

Date Issued: 8/18/10 License Reviewer: BM 

File No.: 17 

Licensee: Redacted License No.: 01-65-01 

Type of Action: Renewal Amendment No.: 69 

Date Issued: 4/3/07 License Reviewer: JD 

File No.: 18 

Licensee: Redacted License No.: 02-01-03 

Type of Action: Amendment Amendment No.: 49 

Date Issued: 6/24/09 License Reviewer: HS
 

APPENDIX E 

INCIDENT CASEWORK REVIEWS 

NOTE: CASEWORK LISTED WITHOUT COMMENT IS INCLUDED FOR COMPLETENESS. 

LICENSEE NAMES ARE OMITTED AT THE REQUEST OF THE PROGRAM, BASED ON 

STATE SECURITY POLICY. 

File No.: 1 

Licensee: Redacted License No.: REC0103 

Date of Incident: 3/5/08 NMED No.: 080158 

Investigation Date: 3/14/10 Type of Incident: Overexposure 

 Type of Investigation: On-Site 

File No.: 2 

Licensee: Redacted License No.: 07-02-01 

Date of Incident: 8/17/08 NMED No.: 080589 

Investigation Date: 9/17/08 Type of Incident: Equipment Failure 

 Type of Investigation: On-Site 

File No.: 3 

Licensee: Redacted License No.: 01-45-01 

Date of Incident: 5/27/09 NMED No.: 090514 

Investigation Date: 6/4/10 Type of Incident: Equipment Damage 

 Type of Investigation: Telephone 

File No.: 4 

Licensee: Redacted License No.: REC0213 

Date of Incident: 2/26/10 NMED No.: 100086 

Investigation Date: 2/28/10 Type of Incident: Potential Overexposure 

 Type of Investigation: On-Site 

File No.: 5 

Licensee: Redacted License No.: 01-39-04 

Date of Incident: 3/25/10 NMED No.: 100149 

Investigation Date: 6/17/10 Type of Incident: Equipment Failure 

 Type of Investigation: On-Site 

File No.: 6 

Licensee: Redacted License No.: 01-39-04 

Date of Incident: 3/27/10 NMED No.: 100152 

Investigation Date: 6/17/10 Type of Incident: Equipment Failure 

 Type of Investigation: On-Site
Nebraska Final Report Page E.2

Incident Casework Reviews

File No.: 7 

Licensee: Redacted License No.: 01-39-04 

Date of Incident: 5/6/10 NMED No.: 100240 

Investigation Date: 6/17/10 Type of Incident: Equipment Failure 

 Type of Investigation: On-Site 

File No.: 8 

Licensee: Redacted License No.: 01-39-04 

Date of Incident: 6/30/10 NMED No.: 100337 

Investigation Date: 6/17/10 Type of Incident: Equipment Failure 

 Type of Investigation: On-Site 

File No.: 9 

Licensee: Redacted License No.: 07-05-01 

Date of Incident: 3/30/10 NMED No.: 100151 

Investigation Date: TBD Type of Incident: Lost Material 

 Type of Investigation: TBD 

File No.: 10 

Licensee: Redacted License No.: 04-01-01 

Date of Incident: 3/22/09 NMED No.: 090403 

Investigation Date: 6/29/10 Type of Incident: Equipment Failure 

 Type of Investigation: On-Site 

File No.: 11 

Licensee: Redacted License No.: 04-01-01 

Date of Incident: 11/7/09 NMED No.: 090831 

Investigation Date: 6/29/10 Type of Incident: Equipment Failure 

 Type of Investigation: On-Site 

File No.: 12 

Licensee: Redacted License No.: 04-01-01 

Date of Incident: 11/23/09 NMED No.: 090846 

Investigation Date: 6/29/10 Type of Incident: Equipment Failure 

 Type of Investigation: On-Site 

File No.: 13 

Licensee: Redacted License No.: 04-01-01 

Date of Incident: 12/14/09 NMED No.: 090879 

Investigation Date: 6/29/10 Type of Incident: Equipment Failure 

 Type of Investigation: On-Site 

File No.: 14 

Licensee: Redacted License No.: GL0577 

Date of Incident: 3/3/09 NMED No.: N/A 

Investigation Date: TBD Type of Incident: Lost Material 

 Type of Investigation: TBD 
ATTACHMENT 

November 29, 2010 Letter from Mary Sue Semerena 

Nebraska’s Response to the Draft Report 

ADAMS Accession No.: ML103360274 

and 

NRC’s Comment Resolution Document 

ADAMS Accession No.: ML103540231