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Escalated Enforcement Actions Issued to Materials Licensees - A



Licensee Name and
NRC Action Number
Action Type
(Severity) &
Civil Penalty
(if any
Date Description
21st Centrury Technologies, Inc., TX
EA-03-187
NOVCP
(SL III)
$6,000
04/13/2004 On April 13, 2004, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $6,000 was issued for a Severity Level III problem that resulted from the licensee's failure to ensure compliance with their NRC exempt distribution license. Specifically, the licensee did not obtain the required NRC authorization before distributing tritium-bearing gun sights and other devices that were not authorized by their license.
ORDERCP
$6,000
08/30/2004
A.E. Staley Manufacturing Co., IL
EA-96-042
NOV
(SL III)
04/04/1996 Unauthorized removal of a gauge by licensee contractor.
A.Z. Bullitt Avenue Ltd., PA
EA-96-476
NOV
(SL III)
01/31/1997 Failure to initiate decommissioning activities.
ABB, Inc, OH
EA-03-196
NOVCP
(SL III)
$3,000
11/26/2003 On November 26, 2003, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,000 was issued for a Severity Level III problem involving the failure to secure from unauthorized removal or limit access to licensed material (approximately 78 millicuries of strontium-90 in a sealed source capsule) in an unrestricted area, and failure to control and maintain constant surveillance of this licensed material, resulting in the loss of the source into the public domain (most likely the county landfill). Although the civil penalty would have been fully mitigated based on the normal civil penalty assessment process, a base civil penalty was assessed in accordance with Section VII.A.1.g of the Enforcement Policy to reflect the significance of maintaining the control of licensed material.
Abex Corporation Research Center, NJ
EA-97-285
NOV
(SL III)
09/10/1997 Abandonment of licensed material. Improper transfer of licensed material.
Abington Memorial Hospital, PA
EA-96-186
NOV
(SL III)
07/12/1996 Lost source and violation of 10 CFR 35.59 requirement to conduct inventories.
Accurate NDE & Inspection, LLC., LA
EA-06-281
NOVCP
(SL III)
$13,000
03/20/2007 On March 20, 2007, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $13,000 was issued for a Severity Level III problem. The violations involved the failure to secure from unauthorized removal or limit access to a radiographic exposure device that was being improperly stored on an offshore platform, which was in a controlled area or unrestricted area; the failure to wear required personnel dosimetry during radiographic operations; and the failure to provide complete and accurate information on documents provided to an NRC inspector. Because willfulness was associated with the problem, the NRC considered whether credit was warranted for Identification and Corrective Action in accordance with the civil penalty assessment process in the NRC Enforcement Policy, and determined that in this case, it was not.
Accurate NDE & Inspection, LLC., LA
EA-00-300
NOV
(SL III)
01/11/2001 On January 11, 2001, a Notice of Violation was issued for a Severity Level III violation involving the failure of Accurate NDE & Inspection, a licensee of the State of Louisiana, to file NRC Form 241, " Report of Proposed Activities in Non-Agreement State," prior to conducting radiographic operations using iridium-192 on off-shore oil/gas platforms in waters off of the Gulf of Mexico in areas of Federal jurisdiction.
Accurate NDE & Inspection, LLC., LA
EA-06-281; EA-07-289
ORDER 02/20/2008 On February 20, 2008, a Confirmatory Order (effective immediately) was issued to confirm commitments made as a result of an Alternative Dispute Resolution (ADR) settlement agreement. The licensee requested ADR following the NRC’s March 20, 2007, Notice of Violation and Proposed civil penalty of $13,000 for a willful violation involving the failure to secure from unauthorized removal or access licensed material that was stored in an unrestricted area; failure to wear required personnel dosimetry during radiographic operations; and failure to provide complete and accurate information on documents provided to an NRC inspector. As part of the agreement, Accurate NDE agreed to additional management review and oversight programs that will include implementation of amended procedures for offshore radiographic operations, implementation of a training program, and increased audits of the program. Accurate NDE will also submit an article in the company newsletter regarding this case and the consequences of wrongdoing. In exchange for Accurate NDE’s extensive corrective actions, the NRC agreed to reduce the civil penalty originally proposed to $500.
Adams Construction Company, VA
EA-02-161
NOV
(SL III)
08/14/2002 On August 14, 2002, a Notice of Violation was issued for a Severity level III violation involving the failure to maintain control and constant surveillance of licensed material (a portable gauge, containing 8 millicuries of cesium-137) in use at a temporary job site, an unrestricted area.
Advanced Medical Imaging and Nuclear Services, PA
EA-02-072
NOVCP
(SL II)
$43,200
10/22/2002 On October 22, 2002, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $43,200 was issued for a Severity Level II problem involving willfully using byproduct material without an Authorized User, failing to appoint a Radiation Safety Officer, and creating incomplete and inaccurate records. Although the normal civil penalty assessment process would have resulted in a base civil penalty, the NRC exercised discretion in accordance with Section VIIA.3 of the Enforcement Policy and assessed a base civil penalty for each day the violation continued after the licensee's consultant raised the issue. Discretion was warranted base on the egregiousness of the violations, the level of management involved, the economic benefit of being in noncompliance, and the failure to take corrective action after the consultant's findings.
Advanced Medical Imaging and Nuclear Services, PA
EA-01-313
ORDER 12/14/2001 On December 14, 2001, an immediately effective Order Suspending License was issued. The order was based on the licensee's possession and use of radioactive materials (including the diagnostic administration to patients) without a required authorized user or Radiation Safety Officer.
Advance Testing Company, Inc.
EA-03-001
NOV
(SL III)
01/28/2003 On January 28, 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 (8 millicuries of cesium-137 and 40 millicuries of americium-241 in a moisture density gauge) located at a temporary job site, which was an unrestricted area.
Advantage Engineering, LLC ., PA
EA-06-214
NOV
(SL III)
10/18/2006 On October 18, 2006, a Notice of Violation was issued for a Severity Level III violation involving the failure by the authorized gauge operator to control and maintain constant surveillance of a portable nuclear gauge. Specifically, the gauge, which contained NRC-licensed radioactive material (two radioactive sources), was damaged when it was run over by a bulldozer after the authorized gauge operator had left it unattended for approximately five minutes at a job site.
Ahern & Associates, Inc., WV
EA-08-150
NOV
(SL III)
07/09/2008 On July 9, 2008, a Notice of Violation was issued to Ahern & Associates, Inc. This action is based on a Severity Level III violation of 10 CFR 30.34(i) involving the licensee's failure to maintain a minimum of two independent physical controls that formed tangible barriers to secure a portable gauge from unauthorized removal during a period when the portable gauge was not under the control and constant surveillance of the licensee. Specifically, a portable gauge was left unattended inside an unlocked storage area with only one physical control (a locked cabinet container) that formed a tangible barrier to secure the portable gauge.
Alaron, PA
EA-98-144
NOVCP
(SL III)

$  5,500
06/03/1998 Willful violation of 2 year limitation on storage of radioactive waste.
Alaska Industrial X-Ray, Inc., AK
EA-07-325; EA-008-196
NOVCP & ORDER
$20,800
08/20/2008 On August 20, 2008, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $20,800 was issued to Alaska Industrial X-Ray, Inc. for a willful Severity Level II problem involving (1) performing radiography at a location other than a permanent radiographic installation without the presence of two qualified individuals, in violation of 10 CFR 34.41(a), and (2) failing to provide the NRC with information that was complete and accurate in all material respects, in violation of 10 CFR 30.9(a). The NRC also issued an immediately effective Order Modifying License to require additional actions by the licensee to provide reasonable assurance that the health and safety of the public will be protected.
Alaska Industrial X-Ray, Inc., AK
EA-07-261
ORDER
10/19/2007 On October 19, 2007, an Order Suspending Licensed Activities (Effective Immediately) was issued to Alaska Industrial X-Ray, Inc. (AIX) based on the NRC’s determination that all AIX radiographers, including AIX’s Radiation Safety Officer, and assistants, violated 10 CFR 34.41(a) by performing industrial radiographic operations at a temporary job site with only one qualified individual present during operations. The evidence the NRC relied on indicates that these activities have occurred on numerous occasions, for a period of up to three years. Because the NRC issued a Notice of Violation on April 25, 2001, for a willful violation of 10 CFR 34.41(a) at the same client facility location, serious concerns were raised regarding AIX’s willingness to comply with the Commission’s requirements and its ability to conduct licensed activities without undue risk to the public’s health and safety, resulting in the issuance of this order suspending all radiographic operations authorized by AIX’s license.
Relaxtion-ORDER Suspending Licensed Activities 11/08/2007 On November 8, 2007, a Relaxation of Order Suspending Licensed Activities (Effective Immediately- dated October 19, 2007) was issued to Alaska Industrial X-Ray, Inc. (AIX) based on the licensee’s proposal to implement several actions to provide the NRC with assurance that AIX will comply with the 2-person rule during NRC-licensed radiographic operations. Specifically, the licensee’s actions include: use of a capable, independent consultant to perform unannounced audits of AIX's radiographic activities, with emphasis on the 2-man rule and results of the audits will be reported to NRC monthly; strengthening of the controls over personnel access to the radiography location; construction of a dark room at the radiographic locations; communication of AIX's schedule for radiographic activities in advance to both the consultant and NRC; and designation of a different Radiation Safety Officer. However, this relaxation does not have any effect on the ongoing Office of Investigation’s investigation or any potential enforcement action that may be taken based on the outcome of that investigation.
Alaska Industrial X-Ray, Inc., AK
EA-01-015
EA-01-016
NOV
(SL III)
04/25/2001 On April 25, 2001, a Notice of Violation was issued for two Severity Level III violations. The first violation involved the deliberate failure to assure that two qualified radiography personnel were present during radiographic operations. Although a civil penalty would normally be proposed for this case, the NRC exercised enforcement discretion in accordance with Section VII.B.6 of the Enforcement Policy and refrained from issuing a civil penalty because the violation would not have been identified had the involved radiographer not voluntarily provided information during the investigation. The second violation involved the failure of a radiographer's assistant to wear an alarm ratemeter while involved in radiographic operations.
Alaska Rim Engineering, Inc., AK
EA-08-139
EA-08-140
NOV
(SL III)
09/17/2008 On September 17, 2008, a Notice of Violation and Exercise of Enforcement Discretion were issued for a Severity Level III problem. The violations involved possession and use of a portable gauge containing radioactive material without an NRC license, and failure to provide complete and accurate information in its license application dated March 6, 2007. Specifically, from May 17, 2003, until March 6, 2007, Alaska Rim Engineering, Inc., possessed and used a portable gauging device in the state of Alaska, a non-Agreement State, without an NRC license and on March 6, 2007, Alaska Rim Engineering, Inc., submitted an application for an NRC license stating that it was planning to purchase and will be licensing one portable moisture density gauge. This is inaccurate because it had purchased and used the gauge in May 2003, without an NRC license.
State of Alaska Department of Transportation & Public Facilities, AK
EA-03-126
NOV &
(Order)

03/15/2004 On March 15, 2004, a Notice of Violation was issued for a Severity Level II violation based on the licensee discriminating against one of its employees for raising safety concerns regarding radiation exposures to other employees. The NRC also issued an immediately effective Confirmatory Order to confirm certain commitments, as set forth in the Order, involving the licensee's internal policies and procedures pertaining to assuring compliance with NRC employee protection requirements.
State of Alaska Department of Transportation & Public Facilities, AK
EA-03-190
NOVCP
(SL III)

$21,000
03/15/2004 On March 15, 2004, a Notice of Violation and Proposed Imposition of Civil Penalties in the amount of $21,000 was issued for (1) a willful Severity Level II problem ($15,000) involving radiation exposures in excess of NRC ’s annual public exposure limit and failure to perform surveys appropriate to demonstrate compliance with NRC dose limits for individual members of the public and (2) a willful Severity Level III violation ($6,000) involving the failure to provide copies of two exposure reports to six affected individuals.
Alfonso Deleo, Jr.., PA
EA-99-057
NOVCP
(SL III)

$15,000
08/23/1999 Violation involving willful unauthorized possession of nuclear gauges.
ORDER
$  5,500

08/23/1999
Withdrawal 12/26/2000
Alfonso Deleo, Jr., PA
EA-99-217
ORDER 12/13/1999 On December 13, 1999, an Order was issued based on failure to comply with the terms of the February 12, 1996, Order Suspending License and failure to pay annual fees.
Allan A. Myers, Inc., PA
EA-99-042
NOVCP
(SL III)

$ 2,750
07/13/1999 Three willful violations involving (1) use of portable gauge by unauthorized individual (2) use of gauge without dosimetry, and (3) failure to maintain control and surveillance of gauge.
Allegheny Wireline Services, WV
EA-99-034
EA-00-005
NOVCP
(SL III)

$  5,500
02/08/2000 On February 8, 2000, a Notice of Violation and Proposed Imposition of Civil Penalties was issued for a SL III problem involving (1) the failure to conduct radiation surveys at well sites; and (2) the failure to maintain complete and accurate records of these surveys, as required by License Condition 21 and 10 CFR 30.9; and a SL III violation involving the failure of the Radiation Safety Officer (RSO) to provide adequate oversight concerning the completion of radiation surveys and radiation survey records as required by License Condition 21.
Allied Inspection Services, Inc., MI
EA-01-213
NOV
(SL III)
09/17/2001 On September 17, 2001, a Notice of Violation was issued for a Severity Level III violation involving a radiographer's failure to wear a direct reading dosimeter and a personal dosimeter at all times during radiographic operations.
Allied Inspection Services, Inc., MI
EA-01-099
NOV
(SL III)
06/04/2001 On June 4, 2001, a Notice of Violation was issued for a Severity Level III violation involving the willful failure to test exposure devices using depleted uranium (DU) shielding and an "S" tube configuration for DU contamination within the required interval.
AlliedSignal, Inc., IL
EA-98-171
NOV
(SL III)
05/05/1998 Programmatic breakdown in following procedures that resulted in an uranium hexafluoride release and physical injury of workers.
Alt & Witzig Engineering, Inc., IN
EA-02-135
NOVCP
(SL III)
$3,000
09/26/2002 On September 26, 2002, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,000 was issued for a Severity Level III problem involving the failure to properly prepare (block and brace) a moisture density gauge (that included 8 millicuries of cesium-137 and 40 millicuries of americium-241/beryllium) for transport that resulted in the gauge being lost and the failure to immediately notify the NRC. Although the civil penalty would have been fully mitigated based on the normal civil penalty assessment process, a base civil penalty was assessed in accordance with Section VII.A.1.g of the Enforcement Policy to reflect the significance of maintaining the control of licensed material.
All Tech Corporation, ID
EA-03-128
NOVCP
(SL III)

$6,000
04/27/2004 On April 27, 2004, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $6,000 was issued for a Severity Level III problem involving the deliberate failure to provide complete and accurate information to the NRC concerning the location of certain gauges containing NRC-licensed material.
ORDERCP
$6,000
12/10/2005
Alpha Omega Services, Inc., CA
EA-07-215
NOV - Letter
(SLIII)- Action
12/20/2007 On December 20, 2007, a Notice of Violation and Proposed Impostion of Civil Penalty in the amount of $19,200 were issued for a Severity Level II violation. In January 2003, the company deliberately provided materially inaccurate information to an NRC licensee and to a contractor for the licensee in violation of 10 CFR 71.8(b)(2). The company Operations Manager/Assistant Radiation Safety Officer signed a maintenance checklist indicating that a package was in compliance with the NRC Certificate of Compliance and approved for use, when he knew it was not. Additionally, in violation of 10 CFR 71.8(b)(1), Alpha Omega Services deliberately caused the NRC licensee to violate NRC requirements for a license when the licensee exported licensed material in nonconforming packages.
Altoona Hospital, PA
EA-98-194;
EA-98-202
NOVCP
(SL III)

$2,750
05/14/1998 Violation of the quality management program involving failure to have written directive for administering Iodine-131.
Ambric Engineering, Inc., PA
EA-97-357
NOV
(SL III)
08/22/1997 Sealed source left in unrestricted area.
American Engineering Testing, Inc., MN
EA-05-161
NOV
(SL III)
10/20/2005 On October 20, 2005, a Notice of Violation was issued for a Severity Level III problem involving (1) the failure to maintain continuous direct visual surveillance to protect against unauthorized entry into a high radiation area during a radiographic exposure at a field location; and (2) the failure to conduct a survey of the radiographic exposure device and guide tube after an exposure and before approaching the device and guide tube to ensure that the sealed source had returned to its shielded position.
American Geotech, Inc.
EA-03-019
NOVCP
(SL III)
$3,000
04/07/2003 On April 7, 2003, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,000 was issued for a willful Severity Level III problem involving: (1) the failure to issue approved dosimetry to an individual who used licensed materials; and (2) the failure to ensure that individuals using licensed materials are either designated by the Radiation Safety Officer and properly trained, or are under required supervision of someone named on the license.
American Radiolabeled Chemicals, Inc.
EA-08-126
NOVCP
(SL III)
$6,500
07/22/2008 On July 22, 2008, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $6500 was issued for a Severity Level III problem. The violation involved multiple examples of failure to adhere to license commitments and regulations. Specifically, between January 22 and March 14, 2008, the licensee failed to: (1) secure from unauthorized removal or limit access to licensed material in an aggregate quantity greater than 1000 times Appendix C to 10 CFR Part 20 limits; (2) comply with license commitments related to management oversight of the radiation protection program, including a failure to conduct monthly meetings of the Radiation Safety Committee and a failure to implement timely and adequate corrective actions for issues identified during annual program reviews; (3) comply with license commitments related to radiological surveys; and (4) perform and document required investigations of contamination found in controlled and unrestricted areas.
American Radiolabeled Chemicals
EA-02-255
NOVCP
(SL III)
$12,000
04/17/2003 On April 17, 2003, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $12,000 was issued for a willful Severity Level III problem involving the deliberate failure to: (1) make required surveys to limit the dose to members of the public; (2) perform required weekly removable contamination surveys in the restricted and unrestricted areas; and (3) accurately record the results of required weekly fume hood face velocity measurements. Although the normal civil penalty assessment process would have resulted in a base civil penalty, the NRC exercised discretion in accordance with Section VII.A.1(c) of the Enforcement Policy and doubled the penalty due to the licensee's particularly poor performance surrounding the violations.
Anderson Columbia Construction, Inc., FL
EA-96-314
NOV
(SL III)
10/02/1996 Failure to file for reciprocity, work conducted in exclusive federal jurisdiction.
Andrew Environmental Engineering, Inc., IL
EA-06-299
NOV
(SL III)
12/27/2006 On December 27, 2006, a Notice of Violation was issued for a Severity Level III violation involving the failure to control and maintain constant surveillance of licensed material that is in a controlled or unrestricted area and that is not in storage. Specifically, the gauge user left the portable gauge unattended at a job site to answer a phone call, thus failing to control access to the unrestricted area and provide constant surveillance of the gauge.
Anglin Civil Constructors, Ltd, MI
EA-04-031
NOV
(SL III)
04/07/2004 On April 7, 2004, a Notice of Violation was issued for a Severity Level III violation involving the failure to secure from unauthorized removal or limit access to licensed material (eight millicuries of cesium-137 and 40 millicuries of americium-241 in a nuclear gauge) in a controlled area and the failure to control and maintain constant surveillance of this licensed material.
Anheuser-Busch, Inc., MO
EA-97-291
NOVCP
(SL III)

$  2,750
09/03/1997 Loss/improper disposal of sources.
Anvil Corporation, WA
EA-99-083
NOVCP
(SL II)

$  8,800
07/28/1999 Multiple failures to maintain occupational radiation doses, supervise radiographic operations, perform surveys, and wear an operating alarm ratemeter.
Apgee Corporation, PA
EA-96-246
ORDER 06/26/1997 Numerous violations involving distribution of licensed material including some that are potentially willful.
Applied Health Physics, Inc., PA
EA-96-353
ORDER 09/27/1996 Violation involving possession limit of radioactive waste.
Applied Health Physics, Inc., PA
EA-96-009

ORDER

Withdrawal

03/29/1996

04/17/1998

Failure to limit possession of byproduct material to those authorized, to limit possession of special nuclear material those authorized, and possession of licensed material waste in excess of 180 day period.
Arctic Slope Inspection Services, Inc., AK
EA 96-449
NOV
(SL III)
02/18/1997 The action was based on seven violations, including the failure to conduct surveys to determine that radiation levels in an unrestricted area are in compliance with dose limits for individual members of the public.
AREVA NP, Inc., VA
EA 08-122
NOV
(SL III)
06/13/2008 On June 13, 2008, a Notice of Violation was issued for a Severity Level III violation. The violation involved the failure to properly prepare a package containing fuel service equipment such that dose rates on the surface of the package would not exceed 10 CFR 71.5(a) and 49 CFR 173.441(a) limits. Specifically, on February 3, 2008, AREVA shipped surface contaminated equipment as an open conveyance on a flatbed trailer. On February 4, 2008, the shipment arrived at a nuclear power facility with measured contact radiation levels between 800-2000 mr/hr in a localized area on the bottom of the container. The localized area was not easily accessible and no measurable radiation exposures to workers or members of the public occurred as a result of this event.
Army, Dept of the, IL
EA-97-350
NOVCP
(SL II)

$16,000
11/12/1997 Numerous violations of NRC requirements.
Army, Dept of the, IL
EA-97-059
ORDER 03/26/1997 Numerous violations of NRC requirements.
Army, Dept of the, MO
EA-02-017
NOV
(SL III)
03/28/2002 On March 28, 2002, a Notice of Violation was issued for a severity Level III violation involving the failure to secure from unauthorized removal or limit access to licensed material (approximately 34 millicuries of cobalt 60) and the failure to control and maintain constant surveillance of this licensed material.
Arthur Brisbane Child Treatment Center, NJ
EA-99-171
NOV
(SL III)
08/16/2001 On August 16, 2001, a Notice of Violation was issued for a Severity Level III problem involving deliberate improper disposal of radioactive material generated from the cleanup of a broken exit sign and deliberate submittal of inaccurate information to the NRC. Although a base civil penalty would normally be proposed for this case, the NRC exercised enforcement discretion in accordance with Section VII.B.6 of the Enforcement Policy and refrained from issuing a civil penalty because the licensee was issued a civil penalty for the event by the State of South Carolina and the licensee is no longer a general licensee..
Ashford Presbyterian Community Hospital, PR
EA-96-053
NOVCP
(SL III)

$  2,500
03/19/1996 Licensee failure to properly utilize written directives for certain diagnostic administrations of sodium idodide I-131 or to check the treatment charts for errors in dosage.
Audie L. Murphy Memorial Veteran's Hospital, TX
EA-98-481
NOV
(SL III)
02/17/1999 Unauthorized use of licensed material.
Avera McKennan Hospital, SD
EA-02-106
NOV
(SL III)
10/04/2002 On October 4, 2002, a Notice of Violation was issued for a Severity Level III violation involving the licensee's careless disregard in using licensed material (250 millicuries of technetium-99m) in an unauthorized location (the kitchen of Freeman Community Hospital).
Avera McKennan Hospital, SD
EA-02-008
NOVCP
(SLIII)

$3,000
06/14/2002 On June 14, 2002, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,000 was issued for a Severity Level III violation involving the willful administration of technetium-99m to a nuclear medicine technology student when such use had not been approved by an authorized user at the licensee's facility.


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