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Escalated Enforcement Actions Issued to Materials Licensees - D

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Licensee Name and
NRC Action Number
Action Type
(Severity) &
Civil Penalty
(if any
Date Description
Danbury Hospital
EA-02-150
NOV
(SL III)
08/05/2002 On August 5, 2002, a Notice of Violation was issued for a Severity Level III violation involving a misadministration stemming from the failure of the licensee's quality management program to include a written procedure to ensure that the appropriate sources are implanted as specified in the written directive.
Dana-Farber Cancer Institute, MA
EA-97-067
NOV
(SL III)
03/28/1997 Failure to secure licensed material located in laboratory areas against unauthorized removal and failure to control access.
Danville Regional Medical Center, VA
EA-05-201
NOV
(SL III)
12/13/2005 On December 13, 2005, a Notice of Violation was issued for a Severity Level III violation involving the failure to secure from unauthorized removal or access and/or maintain constant surveillance of licensed material that was stored in a controlled or unrestricted area. Specifically, a High Dose Rate Remote Afterloader (HDR) unit was left unsecured and unattended in the HDR treatment room.
DAS Consult, Inc., OH
EA-98-492
NOV
(SL II)
03/31/1999 Violation involves the unauthorized transfer of byproduct material.
David Blackmore & Associates, PA
EA-05-092
NOV
(SL III)
06/27/2005 On June 27, 2005, a Notice of Violation was issued for a Severity Level III violation involving the failure to control and maintain constant surveillance of licensed material in a portable gauge containing approximately 10 millicuries of cesium-137 and 50 millicuries of americium-241, that was damaged when it was run over by a bulldozer after an authorized gauge operator left it unattended for approximately 10 minutes at a job site.
David Blackmore & Associates, PA
EA-00-124
NOV
(SL III)
05/17/2000 On May 17, 2000, a Notice of Violation for a Severity Level III was issued. The action was based on the failure to control and maintain constant surveillance of licensed materials. Specifically, a portable nuclear density gauge containing 10 millicuries of cesium-137 and 50 millicuries of americium-241 was left unattended for a short period of time. During that time the gauge was run over by a construction vehicle and was crushed.
Dayton X-Ray Company, OH
EA-02-201
NOV
(SL III)
11/29/2002 On November 29, 2002, a Notice of Violation was issued for a Severity Level III violation involving the failure to have two qualified individuals observe radiographic operations at a temporary job site.
Deaconess Hospital, IN
EA-03-092
NOV
(SL III)
08/29/2003 On August 29, 2003, a Notice of Violation was issued for a Severity Level III violation involving the failure to have a written directive and follow the direction of an authorized user and the failure to administer I-131 sodium iodide within the prescribed dosage range.
Decisive Testing, Inc., CA
EA-01-271
NOVCP
(SL III)

$6,000
02/27/2002 On February 27, 2002, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $6,000 was issued for a Severity Level III violation involving the willful failure of Decisive Testing, Inc., a holder of an Agreement State license issued by the state of California, to file NRC Form 241, "Report of Proposed Activities in Non-Agreement State, Areas of Exclusive Federal Jurisdiction, or Offshore Waters," prior to conducting radiography activities in an area of exclusive federal jurisdiction (i.e., U.S. Naval vessels).
CPORDER
$6,000
06/11/2002
Defense Logistics Agency, PA
EA-97-465
NOV
(SL III)
10/31/1997 Employee stole sources containing licensed material.
Department of the Interior, Bureau of Indian Affairs, SD
EA-02-057
NOV
(SL III)
06/26/2002 On June 26, 2002, a Notice of Violation was issued for a Severity Level III violation involving the failure to appoint a radiation safety officer (RSO) and a willful failure to amend the NRC license to reflect the appointment of a new RSO.
DeLeo, Alfonso Jr. PA
EA-99-057
NOVCP
(SL III)

$ 5,500

Withdrawal
06/02/1999 Possession of NRC-licensed material without a valid NRC license.
De Leon, Jose N., M.D. , PR
EA-97-627
NOVCP
(SL III)

$ 5,000
04/28/1998 Inadequate QMP for Sr-90 eye treatment.
Delta Consulting Engineers, Inc. EA-03-002 NOV
(SL III)
01/13/2003 On January 13, 2003, a Notice of Violation was issued for a Severity Level III violation involving the failure to control and maintain constant surveillance of licensed material (approximately 9 millicuries of cesium-137 and 44 millicuries americium-241 in a portable moisture density gauge) that is in a controlled or unrestricted area and that is not in storage.
Department of Interior, NM
EA-98-471
NOV
(SL III)
01/28/1999 Failure to secure licensed material.
Design Fuel Corporation, PA
EA-01-245
NOV
(SL III)
10/09/2001 On October 9, 2001, a Notice of Violation was issued for a Severity Level III violation involving the improper transfer of a gauge regulated by the NRC under a general license.
Diagnostic Reasgents, Inc., MI
EA-96-140
NOVCP
(SL III)

$ 1,000
08/05/1996 Deliberate failure to amend NRC license following a change of address.
Diamond H Testing Company, ID
EA-95-148
NOVCP
(SL III)

$ 8,000
10/25/1995
An apparent willful failure to lock the sealed source in the shielded position following a radiographic exposure, failure to conduct an adequate survey of the source guide and failure to wear an alarm ratemeter.
CPORDER
$ 5,000
03/05/1996
Settlement 04/04/1996
Dickinson County Memorial Hospital, MI
EA-08-048
NOVCP
(SL III)

$ 3,250
05/07/2008 On May 7, 2008, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,250 was issued for a Severity Level III violation. The violation involved the failure to control and maintain constant surveillance of licensed material that was stored in a controlled area. Specifically, on January 25, 2008, the doors to a room which contained licensed material being packaged for shipment were left unsecured and unattended, resulting in licensed radioactive material being accessible to unauthorized individuals via an adjacent, unrestricted hallway.
Dickinson County Road Commission, MI
EA-05-226
NOV
(SL III)
01/24/2005 On January 24, 2006, a Notice of Violation was issued for a Severity Level III violation involving the failure to secure or maintain constant surveillance of NRC-licensed material contained in a portable moisture/density gauge. Specifically, during a routine safety inspection, an NRC inspector entered the licensee’s offices in an unlocked public building and found the gauge unsecured.
Digirad Imaging Solutions, Inc., NY
EA-05-136
NOV
(SL III)
and
ORDER
01/27/2006 On January 27, 2006, a Notice of Violation (NOV) for a Severity Level III violation with no civil penalty and an immediately effective Confirmatory Order was issued to confirm commitments made as part of a settlement agreement concerning submission of inaccurate information to the NRC. The settlement agreement was reached as a result of an Alternative Dispute Resolution session, held at the request of the licensee. In addition to the NOV, the licensee has changed its procedures to ensure that any information it submits to NRC will be complete and accurate, and the Radiation Safety Officer will submit articles to various medical and health physics journals describing the incident to provide an opportunity for other licensees in the industry to learn from the incident.
District Health Partners, L.P., DC
EA-01-020
NOV
(SL III)
03/22/2001 A Notice of Violation was issued on March 22, 2001, for a Severity Level III violation involving the failure of the licensee's quality management program to include a written procedure to ensure that brachytherapy applicators were adequately secured during treatment so that the intended treatment site received the prescribed exposure treatment and other sites received the planned dose.
DMS Imaging, Inc., MN
EA-97-189
NOVCP
(SL III)

$ 2,500
02/24/1999 Deliberate misconduct by a supervisor.
Dominion Geotechnical Services, Inc.
EA-04-165
NOV
(SL III)
10/14/2004 On October 14, 2004, a Notice of Violation was issued for a Severity Level III violation involving the failure to control and maintain constant surveillance of licensed material (9 millicuries of cesium-137 and 44 millicuries of americium-241 contained in a moisture density gauge) that was in an unrestricted area that was not in storage.
Doylestown Hospital
EA-03-125
NOV
(SL III)
06/26/2003 On June 26, 2003, a Notice of Violation was issued for a Severity Level III violation involving the licensee's failure to complete required manufacturer's training prior to using an intravascular brachytherapy system.
Draper Aden Associates, VA
EA-01-107
NOV
(SL III)
06/04/2001 On June 4, 2001, a Notice of Violation was issued for a Severity Level III violation involving the failure to properly block and brace a portable gauge prior to and during transport that resulted in the loss of control of the gauge.
Dressler Constulting Engineers, Inc., KS
EA-04-088
NOV
(SL III)
07/16/2004

On July 16, 2004, a Notice of Violation was issued for a Severity III violation involving the use of licensed material in the state of Missouri, a Non-Agreement State, without filing NRC Form 241, “Report of Proposed Activities in Non-Agreement States,” with the NRC.



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