2007 Materials Actions
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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.
On December 12, 2007, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,250 was issued for a Severity Level III problem. The licensee twice failed to use a minimum of two independent controls that form tangible barriers to secure portable gauges from unauthorized removal during a period when the portable gauges were not under the control and constant surveillance of the licensee, resulting in a violation of 10 CFR 30.34(i). Specifically, a gauge was stolen from a temporary job site when the gauge operator walked away from the gauge while the gauge was on the ground behind the back of a pick-up truck. On another occasion the gauge was secured to the truck bed with only one physical control while not under the constant surveillance of an authorized user.
On November 30, 2007, an Order Imposing Civil Monetary Penalty was issued to MC Squared, Inc. Following the NRC’s September 13, 2007, Notice of Violation and Proposed Imposition of a Civil Penalty in the amount of $3,250, the licensee requested negating or significantly reducing the civil penalty. The Notice of Violation and proposed civil penalty was issued to the licensee for its 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. This failure may have contributed to the theft of the gauge. In addition, the license failed to file NRC Form 241 at least three days prior to engaging in licensed activities in areas of exclusive NRC jurisdiction. MC Squared, Inc., did not present an adequate basis for the NRC to retract the violation or mitigate the civil penalty, and in addition, did not provide any evidence that payment of the civil penalty would create a financial hardship. Accordingly, NRC concluded that the violation remains valid and issued an order imposing Civil Monetary Penalty in the amount of $3,250
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.
On November 6, 2007, 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 February 23, 2007, Notice of Violation and Proposed civil penalty of $6,500 for a willful violation involving the licensee’s failure to secure from unauthorized removal or access licensed material that was stored in an unrestricted area. As part of the agreement, Universal Testing has agreed to implement a comprehensive management review and oversight program. In addition, Universal Testing has agreed to write and submit an article for publication by the Non-Destructive Testing Managers Association (NDTMA) addressing the value that the new Universal Testing management oversight program adds to overall safe and effective operations. In recognition of Universal Testing’s extensive corrective actions, the NRC agreed to reduce the civil penalty originally proposed to $500.