UNITED STATES

NUCLEAR REGULATORY COMMISSION 

REGION I 

2100 RENAISSANCE BLVD., SUITE 100 

KING OF PRUSSIA, PA 19406-2713 

February 19, 2015 

Augustinus Ong, Administrator 

Radiological Health Section 

Division of Public Health Services 

Department of Health and Human Services 

29 Hazen Drive 

Concord, NH 03301 

Dear Mr. Ong: 

A periodic meeting was held with you and your staff on November 13, 2014. The purpose of the 

meeting was to review and discuss the status of the New Hampshire Department of Health and 

Human Services’ Agreement State Program. The NRC was represented by Farrah Gaskins, 

Lisa Dimmick and me. 

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

will be taken as a result of this 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 (610) 337-5371, or email Donna.Janda@nrc.gov to discuss your 

comments. 

Sincerely, 

 /RA/ 

Donna M. Janda 

Regional State Agreements Officer 

Division of Nuclear Materials Safety 

Enclosure: As stated 

 
February 19, 2015 

Augustinus Ong, Administrator 

Radiological Health Section 

Division of Public Health Services 

Department of Health and Human Services 

29 Hazen Drive 

Concord, NH 03301 

Dear Mr. Ong: 

A periodic meeting was held with you and your staff on November 13, 2014. The purpose of the 

meeting was to review and discuss the status of the New Hampshire Department of Health and 

Human Services’ Agreement State Program. The NRC was represented by Farrah Gaskins, 

Lisa Dimmick and me. 

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 (610) 337-5371, or email Donna.Janda@nrc.gov to discuss your 

comments. 

Sincerely, 

 /RA/ 

Donna M. Janda 

Regional State Agreements Officer 

Division of Nuclear Materials Safety 

Enclosure: As stated 

Distribution: 

D. White, FSME 

M. Beardsley, FSME 

L. Dimmick, FSME 

K. Meyer, FSME 

D. Collins, RI 

J. Dwyer, RI 

J. Nick, RI 

SUNSI Review Complete: DMJ (Reviewer=s Initials) 

DOCUMENT NAME: S:\State Agreement Files\New Hampshire\NH Periodic Meeting Summary 11-13-14.docx 

After declaring this document “An Official Agency Record” it will be released to the Public. ML15052A005 

To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy with 

attachment/enclosure "N" = No copy 

OFFICE DNMS/RI E 

NAME DJanda/dmj 

DATE 02/19/15 

OFFICIAL RECORD COPY
Enclosure 

1 

AGREEMENT STATE PERIODIC MEETING SUMMARY FOR NEW HAMPSHIRE 

 DEPARTMENT OF HEALTH AND HUMAN SERVICES 

DATE OF MEETING: November 13, 2014 

NRC Attendees NH Department of Health and Human Services 

Attendees 

Donna Janda, RSAO, Region I Michael Dumond, Administrator, Bureau of Public 

Health Protection 

Farrah Gaskins, RSAO, Region I Augustinus Ong, Administrator, Radiological Health 

Section 

Lisa Dimmick, Senior Health Physicist, 

NMSS 

Twila Kenna, Manager, Radioactive Materials 

Program 

DISCUSSION: 

During the October 2012 Integrated Materials Performance Evaluation Program (IMPEP) review 

of the New Hampshire Agreement State Program (the Program), the review team found the 

State’s performance satisfactory for six performance indicators and unsatisfactory for one 

performance indicator, Compatibility Requirements. No new recommendations regarding 

Program performance were made by the IMPEP review team. The review team determined that 

the recommendation from the 2008 IMPEP review, regarding the development and 

implementation of an action plan to adopt NRC regulations in accordance with the current NRC 

policy, should remain open. 

On December 18, 2012, the Management Review Board (MRB) met to consider the proposed 

final IMPEP report on the Program. The MRB found the Program adequate to protect public 

health and safety and not compatible with the NRC’s program. The MRB directed NRC staff to 

initiate a period of Monitoring and requested that calls between the New Hampshire DHHS and 

NRC staffs be conducted every four months. The MRB also directed that a Periodic Meeting 

take place in approximately October 2014. In a letter dated January 29, 2013, DHHS provided 

their response to the IMPEP findings and submitted the State’s action plan to adopt regulations 

in accordance with NRC’s policy on adequacy and compatibility (ML13044A096). NRC 

acknowledged DHHS’s response and action plan in a letter dated February 28, 2013 

(ML13058A105). 

Topics covered during this meeting included: 

Program Strengths

The Program has an experienced, stable and well-trained staff including the administrative staff. 

Although the Program currently has one vacant technical position, there is no backlog in 

licensing actions or inspections. 
Enclosure 

2 

Program Weaknesses

The Program currently has one vacant position which has been posted externally. The Program 

Manager noted that knowledge management is a challenge that will need to be addressed in the 

near future as some of the experienced staff members become eligible for retirement or leave 

the Program. 

Feedback on the NRC’s Program

The Program commented that both the overall relationship and communications with the NRC 

are good and that they appreciated NRC’s continued support of the Agreement States. 

Agreement State Program Staffing and Training

The Program currently has two technical staff members for a total of 1.5 full-time equivalents. 

There is one full-time vacant technical position which is currently posted externally. Once this 

position is filled, the Program will have 2.5 FTE. In addition, the Program has one full-time 

manager of the radioactive materials program. One technical staff member is fully qualified in 

licensing and inspection and one technical staff member is partially qualified. This individual 

continues to attend NRC qualification courses and can work independently on an interim basis 

until his course work is completed. 

Organization

The New Hampshire Agreement State Program is administered by the Radiological Health 

Section, which is located in the Bureau of Public Health Protection under the Department of 

Health and Human Services (the Department). All Program activities are conducted from the 

Concord office. 

Program Budget/Funding

The Program managers noted no changes in Program budget or funding. 

Inspection and Licensing Programs

The Program reported no backlog in inspections since the 2012 IMPEP review. Inspection 

reports are being tracked and are issued within 30 days of the conclusion of the inspection. The 

Program continues to conduct reciprocity inspections for greater than 20 percent of candidate 

licensees. The Program Manager continues to conduct annual supervisor accompaniments for 

the technical staff. 

The Program currently has approximately 80 specific radioactive materials licenses. The 

Program Manager reported no backlog in licensing actions. The Program has issued four new 

licenses since the 2012 IMPEP review. The licensing staff uses the pre-licensing guidance to 

review licensing actions and conducts pre-licensing site visits when applicable. 
Enclosure 

3 

Regulations and Legislative Changes

One recommendation which remains open from the 2008 IMPEP review is discussed below: 

Recommendation 1: The review team recommends that the State develop and implement an 

action plan to adopt NRC regulations in accordance with the current NRC policy on adequacy 

and compatibility. 

Status: The State submitted their action plan to NRC on January 29, 2013. The Radiological 

Health Section formed a rulemaking committee which developed the action plan and 

established milestones to monitor the State’s progress in the adoption of overdue regulations. 

The Program is continuing to work on promulgating regulations. The 2012 IMPEP review team 

identified 10 regulation amendments that were overdue for State adoption at the time of the 

review. Since the 2012 IMPEP review, the Program has made significant progress on 

addressing overdue and upcoming regulations and submitted proposed regulations for 12 

regulation amendments to NRC for review. The Program expects to address NRC’s comments 

and adopt the Part 35 portions of these amendments in spring 2015 and the remaining portions 

of the amendments later in 2015. 

Event Reporting

The Program has had no reportable events since the 2012 IMPEP review. 

Response to Incidents and Allegations

The Program continues to be sensitive to notifications of incidents and allegations. Incidents 

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

onsite investigations when necessary. The Program is aware of the need to maintain an 

effective response to incidents and allegations. The Program has responded to 22 events since 

the 2012 IMPEP review. None of these events were reportable to NRC and the majority of the 

events involve responding to alarms at trash or metal recycling facilities. Since the 2012 IMPEP 

review, NRC has not transferred any allegations to the Program for follow up action. In addition, 

the Program has not received any other allegations. 

Sealed Source and Device (SS&D) Evaluation Program

The Program currently has two active SS&D registration sheets. No new registrations or 

amendments have been issued since the 2012 IMPEP review. 

Current State Initiatives

The Program has no current State initiatives to report. 

Emerging Technologies

The Program is currently working with NMSS on a request to license activities involving the 

extraction of material from zirconium sand in order to use the resulting zirconium dioxide in 

ceramic lighting applications. 
Enclosure 

4 

Large, Complicated, or Unusual Authorizations for Use of Radioactive Material

The Program anticipates receiving a request to address possible issues with the planned 

development of a site that was previously licensed for the manufacture of lighting sources. The 

license had been terminated and a deed restriction had been placed on the property due to Th232 contamination from previous licensed activities. 

State’s Mechanisms to Evaluate Performance

The Program maintains a database of all licensing, inspection, and event response activities. 

Staff meetings are held on a monthly basis and on an ad hoc basis when a special topic is 

reviewed. All licensing actions and inspection reports receive a supervisory review. The 

Program Manager performs supervisory inspection accompaniments annually for each qualified 

inspector. 

CONCLUSIONS: 

The State of New Hampshire Radioactive Materials Program continues to be an effective, wellmaintained Agreement State program with an experienced and well-trained staff. There is one 

vacancy in the Program at this time; however, the Program is effectively managing its licensing 

and inspection activities. NRC staff recommends that the next IMPEP review should be 

conducted as scheduled in FY 2017 (tentatively October 2016).