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RIV: 97-69 November 18, 1997
The Nuclear Regulatory Commission staff has proposed a $5,000 fine against The Terracon Companies, Inc., of Lenexa, Kansas, for violating radiation safety requirements.
NRC identified the violations during an inspection completed October 1. The NRC Office of Investigations also conducted an investigation into the matter, and a full report was issued October 9. Terracon and NRC officials discussed the violations at a predecisional enforcement conference on October 21 at the NRC's Region IV office in Arlington, Texas.
The NRC has determined that Terracon deliberately allowed personnel who had not received formal, manufacturer's operator safety training to operate portable nuclear gauges despite a company committment to provide such training in its NRC license application. The operators had received only in-house training.
Portable nuclear gauges contain radioactive material and are used in construction work to measure the moisture content and density of soil. Misuse of the gauges could result in the operator or others receiving a harmful radiation exposure.
NRC Regional Administrator Ellis W. Merschoff, in a letter to Terracon president Larry Davidson, said, "Although there were no safety consequences of this violation, the NRC considers this a matter of significant regulatory concern because Terracon chose for business reasons to violate this requirement."
The violation has been classified as Severity Level III on the NRC's four-level scale, for which the base civil penalty is $2,500. Level I violations are the most serious. The penalty was doubled, as permitted by NRC policy, because the violation was discovered by NRC inspectors, was deemed willful, and corrective actions, though adequate, were not deemed to be comprehensive.
Terracon is required to respond in writing to the NRC, documenting the specific actions taken and any additional actions planned to prevent a recurrence of the violations. The company has 30 days to pay the fine or file a protest. If the protest is denied, the company may request a hearing.
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