UNITED STATES

NUCLEAR REGULATORY COMMISSION 

WASHINGTON, D.C. 20555-0001 

April 13, 2017 

MEMORANDUM TO: Marc L. Dapas, Director 

Office of Nuclear Material Safety 

 And Safeguards 

Mary B. Spencer, Assistant General Counsel for 

 Reactor and Materials Rulemaking 

Office of the General Counsel 

Daniel S. Collins, Director 

Division of Material Safety, State, Tribal, and 

 Rulemaking Programs 

Darrell J. Roberts, Deputy Regional Administrator 

NRC Region III 

FROM: Lisa C. Dimmick, Senior Healthy Physicist /RA/ 

 Agreement State Programs Branch 

 Division of Material Safety, State, Tribal, 

 and Rulemaking Programs 

 Office of Nuclear Material Safety and Safeguards 

SUBJECT: MINUTES: AUGUST 30, 2016, SPECIAL MANAGEMENT 

REVIEW BOARD MEETING 

 Enclosed are the minutes of the Special Management Review Board (MRB) meeting 

held on August 30, 2016, to discuss the periodic meetings held with the Colorado, Washington 

and Kansas Agreement State Programs. If you have comments or questions, please contact 

me at (301) 415-0694. 

Enclosure: 

Meeting Minutes 

cc: Brian Goretzki, AZ 

 Organization of Agreement States 

 Liaison to the MRB 

 
MRB Members 

Distribution: (SP08) 

RidsEdoMailCenter 

MSampson, OEDO 

RidsOgcMailCenter 

Jolmstead, OGC 

RidsRgn4MailCenter 

MShaffer, RIV 

LHowell, RI 

RErickson, RSAO/RIV 

BTharakan, RSAO/RIV 

RidsNmssOd 

DCollins, MSTR 

PHenderson, MSTR 

PMichalak, MSTR 

SPoy, MSTR 

State of CO 

State of WA 

State KS 

ML16307A192 

OFC MSTR/ASPB 

NAME LDimmick 

DATE 04/13/17 

OFFICIAL RECORD COPY 
MINUTES: SPECIAL MANAGEMENT REVIEW BOARD MEETING OF 

AUGUST 30, 2016 

The attendees were as follows: 

In person at U.S. Nuclear Regulatory Commission Headquarters in Rockville, Maryland: 

Marc Dapas, MRB Chair, NMSS Stephen Poy, NMSS 

Mary Spencer, MRB Member, OGC Lisa Dimmick, NMSS 

Daniel Collins, MRB Member, NMSS 

 

By videoconference: 

Darrell Roberts, MRB Member, Region III 

 

By telephone: 

Brian Goretzki, MRB Member, AZ Lizette Roldan-Otero, NMSS 

Randy Erickson, Region IV Karen Meyer, NMSS 

Binesh Tharakan, Region IV Duncan White, NMSS 

Linda Howell, RIV James Jarvis, CO 

Jennifer Opila, CO James Grice, CO 

Kimberly Steves, KS Jason Barney, KS 

Judee Walden, KS Chris Williams, WA 

David Jansen, WA Earl Fordham, WA 

1. Convention. Ms. Lisa Dimmick convened the meeting at 1:04 p.m. (ET). She noted 

that this Management Review Board (MRB) meeting was open to the public. Ms. 

Dimmick transferred the lead to Mr. Marc Dapas, Chair of the MRB. Introductions of the 

attendees were conducted. 

2. Periodic Meeting Discussions: 

Periodic Meeting with the Kansas Agreement State Program 

Mr. Binesh Tharakan led the discussion of the results of the periodic meeting held with 

the Kansas Department of Health and Environment (ADAMS Accession Number: 

ML16169A007). The meeting was held in Topeka on June 2, 2016. Mr. Tharakan noted 

that the last Integrated Materials Performance Evaluation Program (IMPEP) review of 

the Kansas Agreement State Program (Program) was conducted in July 2014. Program 

performance was found satisfactory for four of six performance indicators. The 

indicators, Technical Quality of Licensing Actions and Technical Quality of Incidents and 

Allegation Activities indicators were found satisfactory, but needs improvement. Overall, 

Kansas was found adequate to protect public health and safety, and compatible with the 

NRC’s program. 

Mr. Tharakan stated that in 2015, the Section Supervisor and the Program Director left 

the Program for employment elsewhere. A new Program Director and Section 

Supervisor were promoted from within the Kansas Department of Health and 
Special MRB Minutes -2- 

Environment (Department). A replacement materials inspector with a health physics 

background was hired from outside the Department. The Program reported that it is 

very difficult to recruit and retain qualified inspectors, partially due to the State budget 

which has resulted in no pay increases over the past several years. The Program is 

concerned that two of the five current technical staff could retire in a few years and that 

recruiting technically qualified individuals to fill the vacancies could become a challenge. 

The new Program management inherited the 10 CFR Part 37 implementation and 

discovered the regulations were only partially completed. At the time of the periodic 

meeting, the final Part 37 regulations were at the Kansas Attorney General’s office for 

final approval. The Program implemented Part 37 through a license condition until final 

regulation could be adopted. On March 11, 2016, the Program issued an information 

notice to the affected licensees indicating that their license was being amended on 

March 19, 2016, to adopt 10 CFR Part 37 by reference. The affected licensees were 

required to be in compliance with 10 CFR Part 37 no later than March 19, 2016. 

At the time of the periodic meeting, the Program had 275 licensees. There were no 

vacancies, no overdue inspections, no backlog of licensing actions, no rules overdue for 

adoption, at the time of the periodic meeting. Response to incidents and allegations has 

been appropriate. 

The Program is addressing the one open recommendation from the 2014 IMPEP to 

review all active medical licenses and verify that previously approved authorized 

physician users have the proper board certification or training requirements, and 

preceptor attestation, and develop and implement a process that will ensure proper 

verification and documentation of user qualifications for 10 CFR 35.300 

(KAR 28-35-264) uses of byproduct material. 

Mr. Tharakan stated that the staff recommends that the next IMPEP review of the 

Kansas Agreement State Program be conducted as scheduled in July 2018. The MRB 

agreed with the staff’s recommendation. 

Periodic Meeting with the Washington Agreement State Program 

Mr. Erickson led the discussion of the results of the Periodic meeting held with the 

Washington Department of Health (ADAMS Accession Number: ML16208A040). The 

meeting was held in Olympia on May 26, 2016. Mr. Erickson noted that the last IMPEP 

review of the Washington Agreement State Program (Program) the previous IMPEP 

review (ML13212A225) was conducted the week of May 6-10, 2013. At the conclusion 

of the review the team found Washington’s performance to be satisfactory for all 

performance indicators reviewed. 

 
Special MRB Minutes -3- 

At the time of the periodic meeting, the Program identified succession planning as its 

challenge. Currently, three to four senior staff plan to retire by the time of the next 

IMPEP review in 2018. The Program has 336 licensees. There was one vacancy, no 

overdue inspections, no backlog of licensing actions, no rules overdue for adoption, and 

response to incidents and allegations has been appropriate. The Program is addressing 

the one open recommendation from the 2014 IMPEP to implement a process to ensure 

that radioactive material incidents involving sealed sources and devices registered by 

the Washington are periodically and independently assessed by the Program for generic 

issues and that any potential generic issues are communicated to licensees and fellow 

regulators in a timely manner. 

Mr. Erickson stated that the staff recommends that the next IMPEP review of the 

Washington Agreement State Program be conducted as scheduled in May 2018. The 

MRB agreed with the staff’s recommendation. 

Periodic Meeting with the Colorado Agreement State Program 

Mr. Randy Erickson led the discussion of the results of the periodic meeting held with the 

Colorado Department of Public Health and Environment (Department) (ADAMS 

Accession Number: ML16230A349). The meeting was held in Denver on June 9, 2016. 

Mr. Erickson noted that the last IMPEP review of the Colorado Agreement State 

Program (Program) was conducted in April 2014. Colorado’s performance was found 

satisfactory for seven of eight performance indicators reviewed. The Compatibility 

Requirements indicator was found to be unsatisfactory, based on legislative changes 

made to Colorado statutes. Overall, Colorado was found adequate to protect public 

health and safety, and not compatible with the NRC’s program due to significant 

changes made to State statutes. 

At the time of the periodic meeting, the Program identified staff turnover and staff 

training as challenges. Since the 2014 IMPEP review, the Program Manager and four 

other staff have left the Program. Intervenors continue to challenge the Uranium 

Program through the filing of lawsuits that the Program must address. The dual 

regulation of the Uravan and Cotter sites between Colorado and the Environmental 

Protection Agency (EPA) has been difficult and presents another challenge. 

The Program has 326 licensees. There were no vacancies, no overdue inspections, no 

backlog of licensing actions, and no rules overdue for adoption at the time of the periodic 

meeting. Response to incidents and allegations has been appropriate. The Program is 

addressing the legislation and working to bring the incompatibilities to the Radiation 

Control Act back into compatibility. 

Mr. Erickson stated that the staff recommended that the next IMPEP review of the 

Colorado Agreement State Program be conducted as scheduled in May 2018. The MRB 

agreed with the staff’s recommendation. 

 
Special MRB Minutes -4- 

3. Process Changes/Comments. NRC received feedback on the Uravan site. The 

Program indicated that it was at an impasse with EPA with regard to a Record of 

Decision. The MRB requested that NMSS staff arrange a meeting with pertinent parties 

to discuss a path forward. 

4. Precedents/Lessons Learned. None applicable to these reviews. 

5. Adjournment. The meeting was adjourned at 4:10 p.m. (ET).