Escalated Enforcement Actions Issued to Materials Licensees - N

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This table includes a collection of significant enforcement actions (referred to as "escalated") that the NRC has issued to materials licensees.

The types of actions and their abbreviations are as follows:

• Notice of Violation for Severity Level I, II, or III violations (NOV)
• Notice of Violation and Proposed Imposition of Civil Penalty (NOVCP)
• Order Imposing Civil Penalty (CPORDER)
• Order Modifying, Suspending, or Revoking License (ORDER)

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Licensee Name and NRC Action Number	Action Type (Severity) & Civil Penalty (if any	Date	Description
Nanticoke Memorial Hospital, DE EA 09-335	NOV (SL III)	02/02/2010	On February 2, 2010, the NRC issued a Notice of Violation to Nanticoke Memorial Hospital for a Severity Level III violation involving the failure to notify the NRC Operations Center by telephone no later than the next calendar day after discovery of the medical event as required by 10 CFR 35.3045(c).  Specifically, Nanticoke Memorial Hospital became aware that a medical event had occurred on June 26, 2009, but the NRC was not notified until July 15, 2009.
National Aeronautics and Space Administration, MD EA 05-125	ORDER	02/10/2006	On February 10, 2006, an immediately effective Confirmatory Order was issued to confirm commitments made as part of a settlement agreement involving the failure by the National Aeronautics and Space Administration to report missing licensed material and to provide complete and accurate information to the NRC as required. The settlement agreement was reached as a result of an Alternative Dispute Resolution session, held at the request of the applicant.
National Insitutute of Health, MD EA-01-001	NOV (SL III)	01/17/2001	On January 17, 2001, a Notice of Violation was issued for a Severity Level III violation involving the licensee's failure to make surveys that were necessary to assure compliance with the regulations that limit radiation exposure to the skin of a minor to 5 rem.
National Institute of Standards and Technology, MD EA-09-142	ORDER	03/01/2010	On March 1, 2010, the NRC issued an Immediately Effective Confirmatory Order to the U.S. Department of Commerce’s National Institute of Standards and Technology (NIST or licensee) to confirm commitments made as a result of an Alternate Dispute Resolution mediation session held on January 5, 2010.  This enforcement action is based on ten apparent violations of NRC requirements at NIST’s facility in Boulder, Colorado, which were identified during NRC inspection and investigation activities conducted in response to a June 9, 2008 plutonium spill.  The apparent violations involved the licensee’s failure to conduct the radiation safety program at NIST-Boulder in accordance with NRC requirements and the conditions of the NIST-Boulder license.  The licensee agreed to take the following actions: (1) complete an independent assessment of the radiation safety program at NIST-Boulder; (2) submit copies of the required annual radiation safety audit to the NRC; (3) develop and implement a procedure for training new employees on radiation safety policies and procedures; (4) upgrade initial and refresher training for employees who work with radioactive materials, including a review of lessons learned from the plutonium spill and the associated apparent violations; (5) submit a license amendment request for deletion of the radionuclides on the NIST-Boulder license that NIST no longer plans to use; (6) develop a formal radiation hazards analysis process; (7) revise the NIST Ionizing Radiation Safety Committee charter to require additional review of NRC submittals; (8) revise the NIST radiation safety program policy to indicate that all individuals interacting with the NRC are required to provide complete and accurate information; (9) develop a clearly defined process for acquiring radioactive materials; and (10) pay a civil penalty of $10,000. In consideration of these commitments, and other actions already completed by NIST, the NRC agreed not to pursue any additional enforcement actions for the apparent violations or count this matter as previous enforcement for the purposes of assessing potential future enforcement actions in accordance with Section VI.C of the Enforcement Policy.
Nationwide Testing Services, IL EA-96-129	NOV (SL III)	05/16/1996	Use of licensed material in NRC jurisdiction not covered by NRC Form-241.
Navy, Department of The, VA EA-07-091 EA-07-093	NOV (SL III)	06/29/2007	On June 29, 2007, a Notice of Violation was issued for two Severity Level III violations in accordance with the Enforcement Policy. The first violation involved a radiography device containing a quantity of Iridium-92 that was mistakenly shipped and stored for a period of 12 days before it was discovered and recovered during a routine survey. Although the source was properly shielded, and it was unlikely that a member of the general public could gain access to it, significant radiation exposures could have occurred if the source had been improperly handled, transferred or removed from the facility, or if the source was removed from its shielding. The second violation involved a radiographer who exposed a Cobalt-60 source before ensuring that the high radiation area was cleared. This failure resulted in radiation doses to the crew that exceeded expected exposures. The failure to clear the high radiation area before conducting operations created a potential for the exposures to have been in excess of regulatory limits.
Navy, Department of The, DC EA-04-075	NOV (SL III)	04/23/2004	On April 23, 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 (approximately 27 millicuries total activity included in iridium-192 seeds) in a controlled area and the failure to control and maintain constant surveillance of this licensed material.
Navy, Department of The, DC EA-97-143	NOV (SL III)	05/07/1997	Mispackaging numerous shipments of radioactive material.
NDC Systems, CA EA-96-342; EA-96-539	NOV (SL III & ORDER)	01/31/1997	Mispackaging numerous shipments of radioactive material.
NDT Services, Inc, PR EA-00-031	NOV (SL I)	10/17/2000	A Notice of Violation for a Severity Level I violation was issued on October 17, 2000, based on multiple failures of two former Radiation Safety Officers (RSOs) to ensure that radiation safety activities were performed in accordance with approved procedures and regulatory requirements.
NDT Services, Inc, PR EA-99-014	ORDER	01/15/1999	Failure to maintain adequate security of licensed material.
NDT Services, Inc, PR EA-98-108	ORDER	03/27/1998	Immediately effective order suspending license based on multiple violations involving radiographic operations.
NDT Services, Inc. PR EA-94-029	NOVCP (SL I) $15,000	07/16/1996	Failure to retract source to the safety position during radiographic operations.
NTH Consultants, LTD., PA EA-98-060	NOV (SL III)	03/16/1998	Gauge destroyed when operator walked away.
NTH Consultants, LTD., MI EA-08-002	NOV (SL III)	03/31/2008	On March 31, 2008, a Notice of Violation was issued for a Severity Level III violation involving the failure to use a minimum of two independent physical controls that form tangible barriers to secure portable gauges from unauthorized removal, when portable gauge was not under the control and constant surveillance of the licensee. Specifically, licensee personnel secured the transport case containing a gauge to a vehicle with two independent cables and padlocks, but the gauge case lid was secured with only a padlock and the gauge was stolen from the vehicle.
Nelson Excavating, WV EA-96-308	NOVCP (SL I) $ 5,000	01/27/1997	Deliberate violation of Order Suspending License; deliberate inaccurate/ incomplete information provided to the NRC.
New Britain General Hospitals, CT EA-96-396	NOV (SL III)	12/20/1996	Falsification of a dose calibrator constancy record.
New England Medical Center Hospitals, MA EA-96-398	NOV (SL III)	11/13/1996	Transportation violations - exceeded exposure limits.
New Jersey Department of Transportation, NJ EA-06-287	NOV (SL III)	12/14/2006	On December 14, 2006, a Notice of Violation was issued for a Severity Level III violation involving the failure to use two independent physical controls that formed tangible barriers to secure a portable gauge, containing NRC licensed material, from unauthorized removal when the portable gauge was not under the control and constant surveillance of the licensee. Specifically, the licensee stored the gauge in a locked transportation case inside a locked wooden box located inside an unoccupied, unlocked building. The wooden box was not under the licensee’s control, was not secured, and could be accessed by unauthorized individuals.
NIBLOCK Excavating, Inc., IN EA-96-298	NOV (SL III)	09/25/1996	Unauthorized user of a moisture density gauge.
Niles Steel Tank Company, MI EA-09-260	NOV (SL III)	12/09/2009	On December 9, 2009, the NRC issued a Notice of Violation to Niles Steel Tank Company for a Severity Level III violation involving the failure to secure from unauthorized removal or access licensed material stored in controlled or restricted areas as required by 10 CFR 20.1801.  Specifically, between August 24, 2009, and September 9, 2009, the licensee stored a radiography camera in a permanent radiographic installation and a member of the public had access to the area.
NJS Engineering, SD EA-96-450	NOV (SL III)	01/08/1997	Failure to control licensed material.
Nondestructive & Visual Inspection, Inc., LA EA-03-031	NOVCP (SL III) $6,000	06/16/2003	On June 16, 2003, 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 failure to secure from unauthorized removal or limit access to licensed material (about 52 curies of Iridium-192 in an industrial radiographic exposure device) located on a platform in federal waters in the Gulf of Mexico, which is an unrestricted area, and the failure to control and maintain constant surveillance of this licensed material.
Nondestructive & Visual Inspection, Inc., LA EA-01-216	NOV (SL III)	09/28/2001	On September 28, 2001, a Notice of Violation was issued for a Severity Level III violation involving the failure of Nondestructive & Visual Inspection, Inc., 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 curie quantities of iridium-192 on off-shore platforms in waters off of the Gulf of Mexico in areas of Federal jurisdiction.
Norcon, Inc., AK EA-97-538	NOV (SL III)	01/23/1998	Breakdown in control of licensed activities.
Nordion International, Inc., Canada EA-97-541	NOV (SL III)	01/23/1998	Licensee failed to notify NRC of modification to sealed sources and devices.
Northern Engraving Corporation, WI EA-02-098	NOVCP (SL III) $3,000	07/22/2002	On July 22, 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: (1) failure to transfer generally licensed devices only to authorized recipients; and (2) failure to provide complete and accurate information to the NRC.
Northern Michigan Hospital, MI EA-03-122	NOV (SL III)	08/11/2003	On August 11, 2003, a Notice of Violation was issued for a Severity Level III violation involving the failure to secure from unauthorized removal or access licensed material (1210 millicuries of molybdenum-99 in a Tc-99m/Mo-99 generator, 351 millicuries of technetium-99m in unit dose form, 400 microcuries of iodine-131, 22 millicuries of xenon-133 and several check sources of microcurie activity) that were stored in a controlled area, and the failure to maintain constant surveillance of this licensed material.
North Country Hospital and Health Center, Inc., VT EA-99-153	NOV (SL III)	07/20/1999	Multiple violations involving a misadministration, including the failure to notify the NRC.
Northwest Inspection, Inc., WA EA-09-019	NOV (SL III)	05/20/2009	On May 20, 2009, the NRC issued a Notice of Violation for a SLIII violation to Northwest Inspection, Inc., for a violation of 10 CFR 150.20.  Specifically, during six time periods in 2008, the Agreement State licensee engaged in activities in NRC jurisdiction and did not file (1) a submittal containing NRC Form 241, “Report of Proposed Activities in Non-Agreement States,” (2) a copy of its Agreement State specific license,  and (3) the appropriate fee with the Regional Administrator for the Region in which the Agreement State that issued the license is located.
Nuclear Fuel Services, Inc., TN EA-91-186	NOV (SL III)	01/29/1992	On January 29, 1992, a Notice of Violation (NOV) was issued to Nuclear Fuel Services, Inc. (NFS).  This action is based on a Severity Level III violation which involved the inadvertent transfer of an unauthorized amount of licensed material from a safe geometry vessel to an unsafe geometry vessel without the required verification.
Nuclear Imaging, LTD., SD EA-97-263	NOV (SL III)	07/31/1997	Failure to secure licensed material.
Nuclear Pharmacy of Idaho, Inc., ID EA-98-363	NOV (SL III)	10/19/1998	Violation include failure to: (1) perform an evaluation to determine the dose to the skin of the right forearm of the individual involved in the contamination event.