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NRC NEWS
U. S. NUCLEAR REGULATORY COMMISSION
OFFICE OF PUBLIC AFFAIRS, REGION IV
611 Ryan Plaza Drive - Suite 400
Arlington, Texas 76011-8064 |
| CONTACT: |
Breck Henderson (817) 860-8128 |
RIV: 96-32 FOR IMMEDIATE RELEASE
CONTACT: Breck Henderson May 16, 1996
OFFICE: 817/860-8128
PAGER: (800) 443-7243 (065477)
NRC PROPOSES TO FINE INNOVATIVE WEAPONRY, INC. $7,500
FOR LICENSE VIOLATION
The Nuclear Regulatory Commission has proposed a $7,500
civil penalty against Innovative Weaponry, Inc., of Albuquerque,
New Mexico, for distributing gunsights containing radioactive
tritium that were not authorized under the company's NRC license.
Also, some of the tritium sources used in the gunsights had not
been reviewed or approved for distribution by the NRC.
The NRC license authorizes Innovative Weaponry to distribute
gunsights that contain tritium for use at night provided that the
sights have been reviewed and approved by the NRC for
distribution to others who are exempt from license requirements.
The license also identifies specific gunsight models that the
company can distribute and specifies whether the sights may be
distributed unmounted or must be mounted to a weapon at the
company's facility. New Mexico licenses the company to possess
and use radioactive tritium.
The gunsights contain a small, sealed container of
radioactive tritium that emits beta radiation and provides a
source of illumination that allows them to be used at night.
Innovative Weaponry officials admitted that the violations
occurred but denied they were committed intentionally. James
Lieberman, director of the NRC's Office of Enforcement, said in a
letter to David Gregor, president of Innovative Weaponry:
"Notwithstanding the licensee's position on intent, the NRC is
concerned that the violations resulted from a lack of effective
action to assure compliance with license requirements, despite
[Innovative Weaponry] officials being aware that the NRC license
contained limitations on what could and could not be distributed.
This awareness should have prompted [Innovative Weaponry] to make
certain that it both understood and was conducting its business
in compliance with the license while it was seeking to amend it."
Accordingly, the violations have been designated a Severity
Level III problem and a civil penalty of $7,500 proposed. Mr.
Lieberman noted that, ". . . even though these violations did not
result in any actual safety impacts, they are nonetheless
significant from a regulatory standpoint."
Company officials have made a commitment to the NRC that
they will correct the violations and assure that future
operations will be conducted in strict accordance with the
license. Actions to be taken include a training program for all
employees who may affect compliance, and hiring a third-party,
independent auditor to conduct periodic audits to ensure
compliance with NRC regulations. These actions are described in
a confirmatory order issued with the civil penalty.
The company must respond within 30 days with a written
explanation and may admit or deny the violations. During this
30-day period the company may pay the fine or lodge a protest.
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