UNITED STATES 

 NUCLEAR REGULATORY COMMISSION 

 REGION I 

 2100 RENAISSANCE BOULEVARD, SUITE 100 

 KING OF PRUSSIA, PENNSYLVANIA 19406-2713

January 8, 2013 

Ray Rusin, Director 

Radiation Control Program 

Office of Facilities Regulation 

3 Capitol Hill 

Providence, RI 02908 

Dear Mr. Rusin: 

A periodic meeting with your State was held on December 12, 2012. The purpose of this 

meeting was to review and discuss the status of the Rhode Island Agreement State Program. 

The U.S. Nuclear Regulatory Commission (NRC) was represented by Raymond Lorson, 

Michelle Beardsley, and me. 

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 (610) 337-5214 or 

via e-mail at Monica.Orendi@nrc.gov to discuss your concerns. 

 Sincerely, 

 /RA/ 

 Monica Lynn Orendi 

 Regional State Agreements Officer 

 Division of Nuclear Materials Safety 

 U.S. NRC Region I 

Enclosure: 

Periodic Meeting Summary for Rhode Island 

cc w/encl.: Edward W. Johnson, Deputy Director 

 Rhode Island Emergency Management Agency 

 

 Andrew Powers, Acting Chief 

 Rhode Island Department of Health 

 State Licensing Unit 

 

 Charma Waring, Supervisor 

 Rhode Island Department of Health 

 Radiation Control Program 
January 8, 2013 

Ray Rusin, Director 

Radiation Control Program 

Office of Facilities Regulation 

3 Capitol Hill 

Providence, RI 02908 

Dear Mr. Rusin: 

A periodic meeting with your State was held on December 12, 2012. The purpose of this 

meeting was to review and discuss the status of the Rhode Island Agreement State Program. 

The U.S. Nuclear Regulatory Commission (NRC) was represented by Raymond Lorson, 

Michelle Beardsley, and me. 

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 (610) 337-5214 or 

via e-mail at Monica.Orendi@nrc.gov to discuss your concerns. 

 Sincerely, 

 /RA/ 

 Monica Lynn Orendi 

 Regional State Agreements Officer 

 Division of Nuclear Materials Safety 

 U.S. NRC Region I 

Enclosure: 

Periodic Meeting Summary for Rhode Island 

cc w/encl.: Edward W. Johnson, Deputy Director 

 Rhode Island Emergency Management Agency 

 

 Andrew Powers, Acting Chief 

 Rhode Island Department of Health 

 State Licensing Unit 

 

 Charma Waring, Supervisor 

 Rhode Island Department of Health 

 Radiation Control Program 

Distribution: 

M. Beardsley, FSME 

L. Dimmick, FSME 

K. Meyer, FSME 

D. White, FSME 

P. Henderson, FSME 

B. McDermott, FSME 

R. Lorson, RI 

D. Collins, RI 

D. Janda, RI 

M. Orendi, RI 

ML13010A295 

SUNSI Review Complete: MLO (Reviewer=s Initials) 

S:\State Agreement Files\Rhode Island\PERIODIC MEETING SUMMARY AND TRANSMITTAL LETTER FOR RI 12-

12-12.docx

After declaring this document AAn Official Agency Record@ it will be released to the Public. 

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 MOrendi/mlo 

DATE 01/08/13 

OFFICIAL RECORD COPY
Rhode Island Periodic Meeting Summary 1 

Enclosure 

AGREEMENT STATE PERIODIC MEETING SUMMARY FOR 

RHODE ISLAND DEPARTMENT OF HEALTH’S 

RADIATION CONTROL PROGRAM 

DATE OF MEETING: December 12, 2012 

NRC Attendees Rhode Island Department of Health Attendees 

Monica Orendi, State Agreements 

Officer, Region I 

Andrew Powers, Acting Chief, State Licensing Unit 

Raymond Lorson, Director, Region I Charma Waring, Supervisor, Radiation Control 

Program 

Michelle Beardsley, Health Physicist, 

Office of Federal and State Materials 

and Environmental Management 

Programs 

William Dundulis, Risk Assessment Toxicologist 

 Dennis Klaczynski, Radiological Health Specialist 

DISCUSSION: 

During the October 2011 Integrated Materials Performance Evaluation Program (IMPEP) review 

of the Rhode Island Agreement State Program (the Program), the review team found the State’s 

performance satisfactory for the performance indicators Technical Staffing and Training, 

Technical Quality of Licensing, and Technical Quality of Incidents and Allegations; satisfactory 

but needs improvement for the performance indicators Technical Quality of Inspections and 

Compatibility Requirements; and unsatisfactory for the performance indicator Status of Materials 

Inspection Program. The review team made six recommendations. On January 17, 2012, the 

Management Review Board (MRB) met to consider the proposed final IMPEP report on the 

Rhode Island Agreement State Program. The MRB found the Program adequate to protect 

public health and safety but needs improvement and compatible with NRC’s program. Based 

on the results of the IMPEP review, the review team recommended, and the MRB agreed, that 

the next full IMPEP review take place in four years and that a periodic meeting be held in one 

year. The review team also recommended and the MRB agreed that a period of Monitoring be 

initiated for Rhode Island. 

The following is the status summary of the State’s actions to address the open 

recommendations from the October 2011 IMPEP report: 

1. The review team recommended that the State document its training and qualification 

program for license reviewer and inspectors, including the reimplementation, use, 

and update of licensing and inspection qualification cards for each staff member. 

Status: Rhode Island has made progress in this area. Current qualification cards 

have been brought up to date, however the Program plans to change the way they 

track training and qualification in the near future. The Program plans to integrate the 
Rhode Island Periodic Meeting Summary 2 

Enclosure 

tracking of training and qualification into the office wide electronic system already in 

use by the Office of Facilities Regulation. 

2. The review team recommends that the State take appropriate measures to conduct 

Priority 1, 2, and 3 inspections and initial inspections in accordance with the 

inspection priority in Inspection Manual Chapter 2800. 

Status: Since October 2011 Rhode Island has made inspections a top priority. 

Rhode Island has completed all Priority 1, 2, and 3 inspections in accordance with 

the inspection priority in Inspection Manual Chapter 2800. Rhode Island has 

completed no inspections overdue by more than twenty five percent of its assigned 

inspection frequency. Rhode Island has had no new license applications requiring 

an initial inspection since October 2011. 

3. The review team recommends that the State take measures to ensure that 

inspection records and narrative reports are documented in accordance with the 

Program’s Inspection Manual. 

Status: Rhode Island has taken measures to ensure that inspection records and 

narrative reports are documented in accordance with the Program’s Inspection 

Manual. Inspection reports are reviewed by senior level staff for completeness. 

4. The review team recommends that a Program supervisor or other appropriately 

qualified senior staff member accompany each inspector, at least annually, to ensure 

quality and consistency in the inspection program. 

Status: One of the two inspectors has been accompanied in calendar year 2012. 

The Program anticipates being able to accompany the other inspector before the end 

of December. 

5. The review team recommends that the State conduct initial and subsequent securityrelated inspections in a manner that provides for verification of licensee compliance 

with the requirements. 

Status: The Program has focused on performing security-related inspections along 

with the routine health and safety inspections. During these inspections the Program 

is verifying licensee requirements with both security-related and health and safety 

requirements. 

6. The review team recommends that the State adopt all currently overdue regulations 

required for compatibility and adopt future regulation amendments within their 

required three year time frame. 

Status: Rhode Island currently has seven regulation amendments overdue for 

adoption. Rhode Island is working through their process and hopes to have 

proposed regulation in to the NRC for review by the end of the first quarter of 

calendar year 2013. Final regulation adoption, which will include regulation changes 

through Regulation Amendment Tracking System (RATS) ID 2012-4, is anticipated in 

the summer of 2013. 
Rhode Island Periodic Meeting Summary 3 

Enclosure 

OTHER TOPICS COVERED DURING THE MEETING INCLUDED:

Program Strengths

The Program has an experienced and well-trained staff. Although the Program is currently short 

staffed the current staff is very dedicated and has a willingness to put forth the effort to get the 

job done. The Program also has a very good professional relationship with its licensees 

allowing for openness and good communication. 

Program Weaknesses

The Program feels that staffing issues are a weakness of the program. The Program currently 

has one staff vacancy and one staff person who is out on extended medical leave. These two 

unmanned positions have placed a burden on the program. 

 

Feedback on the NRC’s Program

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

are good. The Program did provide an inquiry on why the naval site in Newport was requiring 

Rhode Island general licensees to file with the NRC for reciprocity to work at the site. The 

question was taken back to the NRC Region I office for follow-up. NRC staff members who 

work with the Navy agreed to reach out to both Rhode Island and the naval site in Newport to 

resolve the issue. 

Agreement State Program Staffing and Training

The Program staff currently consists of three technical staff and a program supervisor. One of 

the three technical staff is currently on extended medical leave and is not anticipated to return to 

the Program. The Program also has one technical staff vacancy. This vacancy was created 

when a technical staff member was promoted to the program supervisor position which had 

been vacant since October 2008. The Program is unable to back fill the staff position at this 

time but is planning on building it into the 2014 budget and hopes to get approval to post the 

position then (the 2014 budget goes into effect July 2013). No other staff turnover has 

occurred since the 2011 IMPEP review. The current staff comprises approximately 1.8 full time 

equivalents (FTE). According to the program supervisor the number of FTE in the radioactive 

materials program is adequate when the Program is fully staffed. Support for staff training 

exists in the Program. Program staff has attended NRC and other training courses. 

Organization

The Rhode Island Agreement State Program is located in the State Licensing Unit, in the Office 

of Facilities Regulation, which is in the Division of Environmental and Health Services, located 

within the Rhode Island Department of Health. The Program anticipates a reorganization 

happening in the next 6 months. It is believed that the reorganization will happen below the 

Office level and will create two new units within the Office of Facilities Regulation: a licensing 

unit and a federal certification unit. The Program will inform NRC of the new structure when 

changes are made. 

 
Rhode Island Periodic Meeting Summary 4 

Enclosure 

Program Budget/Funding

The Program is 100 percent fee funded. The funds are placed into a restricted receipt account 

for the Radiation Control Program. Although the money is placed into a restricted fund the 

Program does face some challenges and needs approval before using the money for 

purchases. The surplus money at the end of each fiscal year cannot be taken and placed into 

the State’s general fund without an approved change to the legislation. 

 

Inspection and Licensing Programs

The Program’s inspection frequencies are at least as frequent as NRC’s. No inspections were 

overdue by more than twenty five percent of their assigned inspection frequency at the time of 

the periodic meeting. Also no inspections have been completed overdue by more than twenty 

five percent of their assigned inspection frequency since the 2011 IMPEP review. The Program 

has completed 18 Priority 1, 2, and 3 inspections since the October 2011 IMPEP. The Program 

uses a form MAT-6 which is similar to NRC’s form 591 to be able to issue clear inspection 

findings in the field. The Program has had no initial inspections since the October 2011 IMPEP 

review and completed the one overdue initial inspection mentioned in the 2011 IMPEP report in 

December 2011. 

The Program currently has approximately 45 specific licenses. The Program has 5 renewal 

packages in house. Licenses are renewed every ten years in Rhode Island. The Program has 

been working on one renewal application for approximately 10 years. The Program requested 

an updated renewal package from this licensee which they received six months ago and hopes 

to issue the renewed license soon. The Program has implemented maximum possession limits 

for all of its licenses and is using pre-licensing guidance for new license applications. 

Regulations and Legislative Changes

Rhode Island is continuing to work on promulgating regulations. The Program hopes to have 

proposed regulations, which will cover regulation amendment changes through RATS ID 2012-

4, submitted to the NRC by the end of the first calendar quarter in 2013. The Program also 

believes that it will submit final regulation amendment changes to the NRC by the end of the 

summer of 2013. 

The following seven regulation amendment changes are overdue for adoption: 

• “Compatibility with IAEA Transportation Safety Standards and Other Transportation 

Safety Amendments,” 10 CFR Part 71 (69 FR 3697), that was due for Agreement State 

implementation on October 1, 2007. (RATS ID 2004-1) 

• “Minor Amendments,” 10 CFR Parts 20, 30, 32, 35, 40, and 70 (71 FR 

15005), that was due for Agreement State implementation on March 27, 2009. 

(RATS ID 2006-1) 

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

32 and 35 (72 FR 45147, 54207) that was due for Agreement State implementation on 

October 29, 2010. (RATS ID 2007-1) 
Rhode Island 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 was due for Agreement State 

adoption by November 30, 2010. (RATS ID 2007-2) 

• “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 was due for Agreement State adoption by December 17, 2010. 

(RATS ID 2007-3) 

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

10 CFR Parts 19 and 20 (72 FR 68043) that was due for Agreement State 

implementation on February 15, 2011. (RATS ID 2008-1) 

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

amendment (74 FR 33901), that was due for Agreement State implementation on 

September 28, 2012. (RATS ID 2009-1) 

Event Reporting

The Program has reported one event to the NRC since the 2011 IMPEP review. Follow up 

information for the event reported by the Program is included in the State’s NMED entry. It was 

noted that the NMED item was listed as still being open by the State even thought the State had 

submitted communication stating that the event was closed. This was brought to the Program’s 

attention during the periodic meeting and the Program stated that they would work on resolving 

the issue. 

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. No allegations were referred from NRC to the 

Program and the Program did not receive any allegations since the 2011 IMPEP review. 

Current State Initiatives

Rhode Island is looking at ways to stream line their inspection process. The State is also 

looking into further developing the use of mobile technology. 

Emerging Technologies

No emerging technologies were identified during the periodic meeting. 

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

No large, complicated or unusual authorizations for the use of radioactive material were 

identified during the periodic meeting. 
Rhode Island Periodic Meeting Summary 6 

Enclosure 

State’s Mechanisms to Evaluate Performance

The Program Supervisor will be accompanying all inspectors on an annual basis. The Program 

management and staff meet as needed to discuss program priorities. The Program does not 

have a mechanism in place to fully evaluate its performance outside of the IMPEP review. The 

Program stated it would consider implementing a mechanism in the future to aid in further 

evaluation of program performance between IMPEP reviews. 

CONCLUSIONS: 

Rhode Island continues to be an effective Agreement State program with an experienced and 

well-trained staff. There is one vacancy and one unstaffed position, due to a staff member 

being out on extended medical leave, in the Program at this time. The Program has completed 

no inspections overdue since the October 2011 IMPEP review. Adoption of regulation changes 

within the required three year time period is an ongoing issue for the Program. The Program 

has seven regulation amendment changes overdue for adoption. 

NRC staff recommends that the Program continue on Monitoring, a periodic meeting be held in 

18 months from the date of the previous periodic meeting, and the next IMPEP review be 

conducted as scheduled in FY 2016.