United States Nuclear Regulatory Commission - Protecting People and the Environment

Escalated Enforcement Actions Issued to Materials Licensees - P

Licensee Name and
NRC Action Number
Action Type
(Severity) &
Civil Penalty
(if any
Date Description
P & W Excavating, Inc., PA
EA-97-227
NOV
(SL III)
06/17/1997 Failed to secure licensed material.
PK Associates, Inc.
 dba Briggs Eng. & Testing
EA-07-166
NOV
(SL III)
08/02/2007 On August 2, 2007, a Notice of Violation was issued for a Severity Level III violation of 10 CFR 30.34(i). The violation involved the failure to maintain a minimum of two independent physical controls that formed a tangible barrier to secure a portable gauge from unauthorized removal during a period when the gauge was not under direct control or surveillance. Specifically, a Troxler portable gauge was found unattended on top of a two foot wall, adjacent to a new road construction project. The authorized user was out of the direct line of sight to the gauge, leaving the gauge unattended for approximately ten minutes.
PMK Group, Inc.
EA-04-117
NOV
(SL III)

$7,500
08/23/2004 On August 23, 2004, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $7,500 was issued for a Severity Level III violation involving the failure to secure from unauthorized removal or access a portable moisture density gauge (containing approximately 11 millicuries of cesium-137 and 44 millicuries of americium-241) in a unrestricted area and failure to control and maintain constant surveillance of this licensed material.
Pacific Gas and Electric Company (Humboldt Bay Power Plant, Unit 3)
EA-05-166
NOV
(SL II)

$96,000
12/20/2005 On December 20, 2005, a Severity Level II Notice of Violation, with a proposed $96,000 Civil Penalty, was issued to the Pacific Gas and Electric Company as a result of the licensee’s failure to: (1) keep adequate records of special nuclear material (SNM) inventory, transfer or disposal, (2) establish adequate procedures for control and accounting of SNM, and (3) conduct adequate physical inventories of SNM at the Humboldt Bay Power Plant (HBPP). PG&E’s records failed to account for the whereabouts of three 18-inch fuel rod segments after they were cut from a single fuel rod in 1968. Likewise, PG&E’s records failed to account for incore detectors after some were cut in 1973.
Pacific Radiopharmacy, Ltd.
EA-02-172
EA-02-246

NOVCP
(SL I)
$6,000


NOVCP
(SL III)
$3,000

03/27/2003 On March 27, 2003, a Notice of Violation and Proposed Imposition of Civil Penalties in the amount of $9,000 was issued for a Severity Level I problem and a Severity Level III violation. The Severity Level I problem (assessed a $6,000 civil penalty) involved the failure to limit the occupational dose to an individual adult to the shallow-dose equivalent of 50 rem to any extremity, and the failure to make surveys that are necessary to comply with regulations. The Severity Level III violation (assessed a $3,000 civil penalty) involved multiple examples (some that were willful) of failures to comply with the terms and conditions of the license.
Palmerton & Parrish, Inc., MO
EA-01-218
NOVCP
(SL III)

$ 3,000
11/01/2001 On November 1, 2001, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3000 was issued for a Severity Level III problem involving (1) failure to maintain control of radioactive material that is in an unrestricted area and that is not in storage, (2) failure to transport a portable moisture density gauge in the required container, (3) failure to block and brace the gauge during transportation, and (4) failure to lock the gauge during transportation. 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.
Patterson Wireline
EA-03-084
NOVCP
(SL III)

$ 3,000
09/09/2001 On September 9, 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 willful failures to: (1) wear personnel monitoring devices while handling licensed material and (2) placard the transport vehicle used to transport licensed material.
Pechiney Rolled Products, LLC, WV
EA-00-232
NOV
(SL III)
12/01/2000 A Notice of Violation for a Severity Level III problem was issued on December 1, 2000 involving: (1) failure to properly control access to licensed material contained in an Accuray Model U-6 fixed gauge, (2) failure to ensure workers were properly trained on the operation and maintenance of the gauging system, and (3) the removal and relocation of the gauge by individuals not authorized to do so.
Pennoni Associates, Inc., PA
EA-06-252
NOVCP
(SL III)
$3,250
12/21/2006 On December 21, 2006, a Notice of Violation (NOV) and Proposed Imposition of Civil Penalty in the amount of $3,250 was issued for a Severity Level III problem composed of three violations. The violations involved (1) the failure to use a minimum of two independent physical controls to secure a portable gauge from unauthorized removal when the gauge was not under the control and constant surveillance of the licensee, (2) the failure to control and maintain constant surveillance of licensed material in an unrestricted area, and (3) the failure to immediately report the loss of licensed material. Specifically, an authorized user loaned a vehicle containing NRC licensed material in a portable gauge to an unauthorized individual. Although the gauge was secured to the vehicle in its locked transport container in the rear seat of the vehicle (one barrier), the second barrier (locked door) was compromised when the authorized user gave the vehicle keys to the unauthorized individual who drove off with the vehicle. As a result, only one independent physical barrier to secure the portable gauge and prevent its unauthorized removal remained. The gauge was then left unsupervised in the public domain for approximately four days. Additionally, the NRC was not notified of the missing gauge as required.
Pennsylvania State University (The), PA
EA-96-499
NOV
(SL III)
12/30/1996 Security violations.
Pennsylvania Testing Laboratories, PA
EA-97-126
NOV
(SL III)
06/13/1997 Storage of licensed material at unauthorized location, failure to provide complete and accurate information, and various health physics violations.
Pensacola Testing Laboratories, Inc., FL
EA-96-315
NOV
(SL III)
10/23/1996 Failure to file for reciprocity for work in exclusive federal jurisdiction.
Pepperidge Farm, Inc., CT
EA-04-074

NOVCP
(SL III)

$7,500

 

06/21/2004 On June 21, 2004, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $7,500 was issued for a Severity Level III violation involving the inappropriate transfer of a generally-licensed device containing approximately 36 millicuries of cesium-137 to a person (a salvage yard and then to a metal recycling center) not authorized to receive the device. 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 control of licensed material.
Perf-O-Log, Inc., LA
EA-01-060
NOV
(SL III)
04/10/2001 On April 10, 2001, a Notice of Violation was issued for a Severity Level III violation based on Perf-O-Log, Inc., a State of Louisiana Licensee, conducting well logging operations using americium-241/beryllium sealed sources in offshore waters without filing a Form 241, "Report of Proposed Activities in Non-Agreement State," with the NRC.
Philadelphia Health and Education Corp., PA
EA-99-096
NOV
(SL III)
05/11/1999 Unauthorized use of licensed material.
PK Associates, Inc.
  dba Briggs Engineering & Testing
EA-07-166
NOV
(SL III)
08/02/2007 On August 2, 2007, a Notice of Violation was issued for a Severity Level III violation of 10 CFR 30.34(i). The violation involved the failure to maintain a minimum of two independent physical controls that formed a tangible barrier to secure a portable gauge from unauthorized removal during a period when the gauge was not under direct control or surveillance. Specifically, a Troxler portable gauge was found unattended on top of a two foot wall, adjacent to a new road construction project. The authorized user was out of the direct line of sight to the gauge, leaving the gauge unattended for approximately ten minutes.
Plaza Nuclear Imaging
EA-02-131
NOVCP
(SL III)

$3,000
09/11/2002 On September 11, 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 willful failure to detect radioactive contamination, the failure to survey for removable contamination, the failure to test sealed sources for leakage, and the failure to monitor the external surfaces of incoming labeled packages for radioactive contamination.
Pocatello Regional Medical Center, ID
EA-99-332
NOV
(SL III)
03/03/2000 On March 3, 2000, a Notice of Violation was issued for a Severity Level III problem involving (1) failure to secure a generator from unauthorized removal as it was stored in an unrestricted area, (2) failure to limit the external dose from a generator temporarily stored in an unrestricted area to 2 millirem in any one hour, (3) failure to provide the NRC with a written report within 30 days of an incident involving radiation levels in an unrestricted areas exceeding 10 times the limit contained in 10 CFR 20.1301 in the hallway, and (4) failure to conduct adequate surveys to monitor for personnel exposures and to evaluate potential contamination on facilities and equipment and any associated radiological hazards caused by the incident .
Portland General Electric Company, OR
(Trojan Nuclear Plant)
EA-01-278
NOV
(SL III)
08/06/2002 On August 6, 2002, a Notice of Violation was issued for a Severity Level III problem involving the submittal of inaccurate information to the NRC in support of an application for a specific license under 10 CFR 72 and the failure to establish measures to control a multi-assembly sealed basket that did not conform to the licensee's design basis.
Power Inspection, Inc., PA
EA-95-025
NOVCP
(SL III)

$40,000
02/18/1997 The Severity Level I violation, which involves vendor-related issues, is being issued for four examples of a deliberate failure to provide to two NRC licensees complete and accurate information. The Severity Level I problem, which involves radiography-related issues, is being issued for deliberate failures to provide the NRC complete and accurate information and for numerous safety violations.
CPORDER
$40,000
02/03/1998
Power Inspection, Inc., WY
EA-97-218
NOV
(SL III)
07/29/1997 Multiple violations involving engineering controls, surveys, license condition regarding operating procedures, information accuracy and reports.
Precision Testing and Inspection, VA
EA-03-220
NOVCP
(SL III)

$3,000
02/25/2004 On February 25, 2004, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,000 was issued for a Severity Level III willful problem involving the failure to post radiation areas during radiography operations and failure to provide accurate information to the NRC.
Professional Service Industries, Inc., MI
EA-96-490
NOV
(SL III)
02/28/1997 The action was based on a violation where the licensee did not secure from unauthorized removal or limit access to a Campbell Pacific Nuclear moisture/density gauge containing NRC-licensed material (nominally 10 millicuries (370 Mbq) of cesium-137 and nominally 50 millicuries (1850 Mbq) of americium-241 in sealed sources) at a construction site in Detroit, Michigan, an unrestricted area, nor did the licensee control and maintain constant surveillance of this licensed material.
Professional Service Industries, Inc., VA
EA-97-093
NOV
(SL III)
05/22/1997 Allowed technicians to use moisture density gauges without proper training.
Professional Service Industries, Inc., IL
EA-10-161
ORDER 08/18/2011 On August 18, 2011, the NRC issued an Immediately Effective Confirmatory Order to Professional Service Industries, Inc., confirming commitments reached as part of an alternative dispute resolution (ADR) mediation settlement agreement. The NRC identified eight apparent safety violations as well as apparent security-related violations involving the performance of industrial radiography in the Rock Springs, Wyoming, area. In addition, the NRC indicated that willfulness on the part of an office manager and a radiographer appeared to have been a factor in two of the apparent violations. PSI made no admission that they deliberately violated any NRC requirement. As part of the agreement, PSI agreed to take several corrective actions involving increased management oversight and individual accountability including, but not limited to: (1) developing and implementing a disciplinary program managed by the corporate staff that provides a graded approach for radiation safety and security infractions; (2) enhanced routine and refresher training for staff; (3) annual safety culture training for Radiation Safety Officers; (4) enhanced annual audits of the Radiation Safety Program; and (5) advance notification if PSI will be working in NRC jurisdiction under reciprocity. PSI also agreed that a Confirmatory Order with a Notice of Violation and $15,000 civil penalty would be issued in order to avoid further action by the NRC. Prior to any enforcement action by the NRC, the licensee voluntarily terminated its NRC license for radiography but maintains Agreement State licenses for radiography and an NRC license for other non-radiographic, regulated activities.
Professional Service Industries, Inc., IL
EA-99-194
NOVCP
(SL II)

$ 8,800
10/22/1999 Violations involving failures to 1) conduct radiography with at least two qualified individuals to observe operations; 2) supervise a radiographic assistant while performing radiographic operations; and 3) maintain control and constant surveillance of licensed material that was in an unrestricted area.
Professional Service Industries, Inc., IL
EA-97-373
NOV
(SL III)
11/05/1997 Numerous radiography violations.
Providence Hospital,
DC
EA-01-157
NOV
(SL III)
03/27/2002 On March 22, 2002, a Notice of Violation was issued for a Severity Level III problem based on multiple failures involving the licensee's quality management program for the strontium-90 eye applicator program that resulted in 14 misadministrations.
Providence Hospital,
MI
EA-11-037
NOV
(SL III)
05/17/2011 On May 17, 2011, the NRC issued a Notice of Violation to Providence Hospital for a Severity Level III violation involving the failure to develop written procedures to provide high confidence that each administration was in accordance with the written directive as required by 10 CFR 35.41(a). Specifically, as of August 30, 2010, the licensee’s brachytherapy procedure did not provide high confidence that the needles would be inserted to the right depth as the licensee did not require the use of available means such as biological or needle markers.
Page Last Reviewed/Updated Thursday, March 29, 2012