United States Nuclear Regulatory Commission - Protecting People and the Environment

2008 Materials Actions

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St. Joseph [MO], City of (EA-08-266)

On December 11, 2008, a Notice of Violation was issued for a Severity Level III violation.  The violation involved the failure to use a minimum of two independent physical controls that form tangible barriers to secure a portable gauge whenever the gauge was not under the control and constant surveillance of the licensee as required in 10 CFR 30.34(i).  Specifically, the licensee stored the gauge in a storage room with the key in the door lock rendering the physical barrier ineffective. Additionally, a second independent physical barrier was not provided.

Montana State University (EA-08-279)

On December 4, 2008, a Notice of Violation was issued for a Severity Level III violation.  The violation involved the failure to use a minimum of two independent physical controls that form tangible barriers to secure a portable gauge whenever the gauge was not under the control and constant surveillance of the licensee as required in 10 CFR 30.34(i).  Specifically, the licensee stored portable gauges at two separate locations on campus using only one independent physical control that formed a tangible barrier to prevent unauthorized removal of the gauges when not under the control and constant surveillance of the licensee.

Wilcox Associates, Inc. (EA-08-215, EA-08-267)

On November 7, 2008, a Notice of Violation was issued for a Severity Level III violation.  The violation involved two examples of the failure to use a minimum of two independent physical controls that form tangible barriers to secure a portable gauge whenever the gauge was not under the control and constant surveillance of the licensee as required in 10 CFR 30.34(i).  Specifically, the first example involved using a single barrier, only one lock, to secure the gauge transport case to an unlocked closed-bed pickup truck.  The second example involved using a single barrier, only one lock, to secure a gauge in a locked cage.

Bridgeport Hospital (EA-08-269)

On November 6, 2008, a Notice of Violation was issued for a SL III violation that involved the failure to develop, implement, and maintain written procedures to provide high confidence that each medical administration will be done in accordance with the written directive, for administrations requiring a written directive.  Specifically, changes in procedures for inputting geometric information into the treatment planning system were not performed in accordance with the current version of the vendor’s operator manual.  An incorrect magnification factor was used in treatment dose calculations and the licensee’s calculation double-checks did not include validation of geometric accuracy.  As a result, the patients were administered doses that ranged from 45% to 62% less than the prescribed dose set forth in the written directive.

Crane Army Ammunition Activity - Department of the Army (EA-08-222)

On October 30, 2008, a Notice of Violation was issued for a Severity Level III problem involving 1) the failure to control radioactive material not in storage as required by 10 CFR 20. 1802, and 2) the failure to properly describe the material on shipping papers and properly mark and label the packages in accordance with the requirements of 10 CFR 71.5 and 49 CFR 171.2.  Specifically, on May 22 and 29, the licensee shipped depleted uranium in three cardboard boxes to a facility in Virginia as part of their site operation to demilitarize munitions.  The boxes were not controlled when not in storage and were not properly marked nor labeled.  In addition, the material was not properly described as hazardous on the shipping papers that accompanied the shipment.

MISTRAS Holding Group (EA-08-156; EA-08-166)

On October, 28, 2008, the NRC issued a Confirmatory Order to MISTRAS Holding Group doing business as Conam Inspection and Engineering Services, Inc., and Quality Services Laboratories, Inc. which confirmed commitments reached as part of an alternative dispute resolution (ADR) mediation session between the licensee and the NRC.  The ADR session was based on apparent violations of the license conditions and 10 CFR 34.47 in association with a possible overexposure event on January 20, 2007, including both willful and deliberate acts on the part of its employee.  Pursuant to the Order, the licensee will complete actions that are in addition to implementation of NRC requirements, including:  several areas of audit; guidance and requirements for audits; procedures and on-line training related to lessons learned; a safety hotline for anonymous reporting; and a safety conscious work environment assessment.

Bon Secours Virginia Health Source (EA-08-234)

On October 10, 2008, a Notice of Violation was issued for three Severity Level III violations. The first violation involved a failure to meet 10 CFR 35.41(b)(2) requirement. Specifically, the licensee did not develop and implement written procedures to provide high confidence that each medical administration is in accordance with the written directive, in that the procedures did not address response to high dose rate (HDR) device error messages. The second violation involved a failure to ensure an authorized user (AU) was physically present during initiation of a patient treatment. During continuation of the patient treatment, neither the AU, nor a physician under the supervision of an AU, was physically present. Specifically, the AU was working with another patient in another room and was not involved in the investigation and resolution of an HDR device error message that was received during the patient treatment. The third violation involved a failure to report a medical event as required by 10CFR 35.3045(a)(1)(iii)&(3). Specifically, for an HDR fractional treatment that resulted in a dose delivered to a portion of the treatment site that differed from the prescribed dose by more than 50 rem, and the fractionated dose that differed from the prescribed dose, for a single fraction, by more than 50%, the licensee personnel did not provide a verbal or written report to the NRC in a timely manner.

Kirksville [MO], City of (EA-08-205)

On September 22, 2008, a Notice of Violation was issued to the City of Kirksville, MO. an NRC licensee. 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, on multiple occasions, the licensee stored a portable gauge in a laboratory using only a single barrier, the locked laboratory room door. In addition, on multiple occasions, the licensee transported a portable gauge, in its transport case, in the back of a closed-bed pickup truck with only a single barrier, the lock on the bed cover.

Alaska Rim Engineering, Inc. (EA-08-139 and EA-08-140)

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.

R&M Engineering-Ketchikan, Inc. (EA-08-076)

On September 10, 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 of 10 CFR 30.34(i). The violation involved the licensee’s failure to use a minimum of two independent physical controls that formed tangible barriers to secure a portable gauge from unauthorized removal when the portable gauges was not under the control and constant surveillance of the licensee. Specifically, the licensee stored four portable gauges in its warehouse located in Ketchikan, Alaska, using only one independent physical control that formed a tangible barrier and the gauges were not under the control and constant surveillance of the licensee.

Quality Inspection Services, Inc. (EA-08-158)

On September 15, 2008, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $6,500 was issued for a Severity Level III violation. This action is based on a willful violation of 10 CFR 34.71, involving the failure to maintain utilization logs of radiographic activities. Specifically, between November 15, 2006 and March 2, 2007, the licensee’s site radiation safety officer performed radiographic operations at the Connecticut site, without maintaining utilization logs. In addition, three related Severity Level III violations were also issued for failures to: (1) provide complete and accurate information by licensee’s site radiation safety office and assistance radiographer, regarding the use of the proposed permanent fixed installation in the Manchester facility; (2) obtain NRC approval prior to conduct of radiographic operations at the Manchester permanent radiographic installation; and (3) accompanied by at least one other qualified radiographer when the licensee’s corporate radiation safety officer performed radiographic operations in the proposed permanent radiographic installation.

Washington University in St. Louis. (EA-08-180)

On September 4, 2008, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,250 was issued to Washington University in St. Louis. This action was based on violations of 10 CFR 20.1802 and 10 CFR 35.404(a) which have been combined into a SL III problem. Specifically, the licensee transferred an applicator, containing two iodine-125 seeds from the operating room to the decontamination room. The loaded cartridge was opened during the cleaning process and the seeds were washed down the drain into the sanitary sewer. The licensee had failed to make a survey to locate and account for the two iodine-125 sources that were not implanted.

Soil Technology Associates, Inc. (EA-08-200)

On August 27, 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, no tangible barrier existed to secure two portable gauges from unauthorized removal when the gauges were unattended and a roll up door was open at the licensee’s facility. While the gauges were stored within locked containers, the containers were not secured to prevent the containers and their contents from unauthorized removal, such that no independent physical controls that formed tangible barriers were present.

Alaska Industrial X-Ray, Inc. (EA-07-325; EA-08-196)

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.

American Radiolabeled Chemicals, Inc. (EA-08-126)

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.

Source Production and Equipment Co., Inc. (EA-08-039)

On July 14, 2008, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $9600 was issued to Source Production and Equipment Co., Inc. (SPEC) for a deliberate Severity Level II problem of 10 CFR 71.3.  Two violations were identified involving the transport of NRC licensed material without a license because SPEC did not comply with NRC Certificate of Compliance (CoC) No. 5979 requirements.  Specifically, on July 15, 2003, December 4, 2003, and May 20, 2004, SPEC shipped licensed material to Mexico and 1) the end caps of the package were physically and dimensionally different from those approved in the CoC, and 2) the package was not inspected prior to the shipments as required by the CoC.  There are no known actual health and safety consequences associated with the shipments.  The Notice also included a Severity Level IV violation of 10 CFR 71.105(d) involving the failure to provide required training to individuals performing pre-shipping inspections of the Model No. 5979 transportation package.  This Severity Level IV violation was not subject to a Civil Penalty.

Reid Hospital and Healthcare Services (EA-08-136; EA-08-137)

On July 11, 2008, a Notice of Violation was issued to Reid Hospital and Healthcare Services. This action was based on two violations of NRC requirements involving (1) failure to develop, implement, and maintain written procedures to provide high confidence that each administration is in accordance with the written directive for I-125 seed prostate implants as required by 10 CFR 35.41; and (2) failure to report a medical event to the NRC Operations Center no later than the next calendar day after discovery as required by 10 CFR 35.3045(c).

Ahern & Associates, Inc. (EA-08-150)

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.

McKinney and Company (EA-08-177)

On July 9, 2008, a Notice of Violation was issued to McKinney and Company. 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, five portable gauges were found unattended inside an unlocked building with only one physical control (a locked storage area door) that formed a tangible barrier to secure the portable gauges.

Morrison-Maierle, Inc. (EA-08-041)

On July 9, 2008, a Notice of Violation was issued for a Severity Level III violation. The violation involved the failure to use a minimum of two independent physical controls that form tangible barriers to secure portable gauges from unauthorized removal, when the portable gauges are not under the control and constant surveillance of the licensee. Specifically, the licensee did not have tangible barriers to secure a portable gauge from unauthorized removal while stored in a building located within a secured area.

Chevron Environmental Management Company (EA-08-054)

On July 8, 2008, a Confirmatory Order (effective immediately) (“CO”) was issued to confirm commitments made as result of an Alternative Dispute Resolution (“ADR”) session, held on June 5, 2008, between Chevron Environmental Management Company (CEMC) and the NRC. The parties agreed to engage in ADR following NRC’s February 29, 2008, letter to CEMC wherein an apparent violation of 10 CFR 40.7, “Employee Protection” was identified. As set forth in the CO, CEMC agreed to complete a number of actions at its Washington, PA decommissioning site, including, but not limited to: training supervisory employees regarding employees’ rights to raise concerns; communicating CEMC’s policy and management expectations regarding employees’ right to raise concerns; and distributing a questionnaire to assess employees’ willingness to raise nuclear safety concerns. In turn, the NRC agreed to not pursue further enforcement action relating to this matter

IBS of America Corporation (EA-08-031)

On June 6, 2008, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,250 was issued to IBS of America Corporation for a Severity Level III violation of 10 CFR 30.34(c). Specifically, the licensee possessed byproduct material at a location not authorized by their license.

McCallum Testing Laboratories, Inc. (EA-08-004; EA-08-086)

On May 28, 2008, 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 violations involved the failure to control and maintain constant surveillance of material that is in an unrestricted area and not in storage and failure to block and brace packages containing radioactive material to prevent change in position during transport. Specifically, a portable gauge fell from the back of a pickup truck, after it was placed in the back of the truck without using a transport case or attaching the gauge in any way to the truck. After falling, the gauge was subsequently damaged, and was lost for approximately an hour.

Global X-Ray & Testing Corporation (EA-08-008; EA-08-009; EA-08-010; EA-08-011; EA-08-013)

On May 23, 2008, a Confirmatory Order (effective immediately) was issued to Global X-ray & Testing (Global) to confirm commitments made as a result of an Alternative Dispute Resolution (ADR) settlement agreement. NRC identified four violations during inspection and investigation involving: 1) a willful failure to provide the NRC with complete and accurate information; 2) the failure to prevent workers from resuming work after their pocket dosimeters were found to be off-scale; 3) the failure to ensure that a radiographer was providing personal supervision of the radiographer's assistant through direct observation of the assistant’s performance of radiographic operations; and 4) allowing an individual who was not wearing a personal dosimeter to conduct radiographic operations. In response to these violations, the licensee requested ADR. As part of the agreement, licensee agreed to additional management review that will include developing procedures for additional oversight of offshore radiographic operations, obtaining an agreement with lay-barge operators that will address radiographic operations, incidents, and oversight; field audits of lay-barge radiographic operations by licensee management, making arrangements for NRC inspection of radiographic activities on U.S. owned lay-barges, implementation of training on potential consequences for violation of NRC regulations, and delivering a personal letter to each employee regarding the consequences of wrongdoing. Global also agreed to obtain an NRC license with special license conditions for radiographic operations in offshore waters. In exchange for Global’s extensive corrective actions and most notably in consideration of costs associated with obtaining an NRC license, the NRC agreed to eliminate the civil monetary penalty.

Hevly Technical Services, Inc. (EA-08-129, EA-08-130)

On May 16, 2008, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,000 was issued to Hevly Technical Services, Inc. (HTS) for a deliberate Severity Level III violation of 10 CFR 150.20(b)(3) involving the transfer of a portable moisture density gauge containing radioactive material to a company in the State of Alaska that was not licensed to possess or use the gauge. Specifically, on May 17, 2003, HTS, a General Licensee under 10 CFR 150.20, transferred a portable gauging device containing radioactive material to Alaska Rim Engineering, a company that HTS knew was not specifically licensed by the NRC to receive the material. In addition, a second Severity Level III violation was issued for failure to file NRC Form 241- Report of Proposed Activities in Non-Agreement States, at least three days prior to engaging in licensed activities within NRC jurisdiction. Specifically on May 17, 2003, HTS, who held specific licenses from the Agreement Sates of Washington and Oregon, used a portable device containing radioactive material in Palmer, Alaska, during training without filing a Form -241 with the NRC.

Ball Memorial Hospital (EA-08-026)

On May 12, 2008, a Notice of Violation was issued for a Severity Level III violation, involved two written directives not dated and signed by an authorized user before the administration of I-131 sodium iodide greater than 30 microcuries. Specifically, on April 30, 2007, two nuclear medicine technologists administered I 131 sodium iodide to two patients, without a dated and signed written directive.

Dickinson County Memorial Hospital (EA-08-048)

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.

Wang Engineering, Inc (EA-08-066)

On April 18, 2008, a Notice of Violation was issued for a Severity Level III violation involved the failure to file NRC Form 241- Report of Proposed Activities in Non-Agreement States, at least three days prior to engaging in licensed activities within NRC jurisdiction. Specifically, on numerous occasions during 2003, 2004, 2005 and 2007, Wang Engineering, Inc., a licensee of the State of Illinois, used portable moisture/density gauges containing licensed material at Department of Veteran Affairs (VA) construction sites; areas of exclusive federal jurisdiction in an Agreement State, without filing a Form-241 with the NRC.

Mt. Pleasant [MI], City of (EA-08-147)

On April 10, 2008, a Notice of Violation was issued to the City of Mt. Pleasant MI an NRC licensee. This action was 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, the licensee secured a transport case, containing a gauge, in a storage room using only a single lock, and also secured a transport case, containing a gauge, while in temporary storage in an open-bed pickup truck using only one lock and chain.

Karmanos Cancer Center (EA-07-316)

On April 10, 2008, a Notice of Violation was issued for a Severity Level III violation. The violation involved the failure to develop, implement and maintain written directive procedures to provide high confidence that each administration was in accordance with the written directive. Specifically, the licensee’s written procedures for the implementation of treatment plans with its stereotactic radiosurgery unit did not require a check of the treatment plan parameters and magnetic resonance image orientation prior to administration of the treatment. As a result, the licensee administered a single gamma knife treatment to an unintended portion of the patient’s brain.

Digirad Imaging Solutions, Inc. (EA-07-223; EA-07-225)

On April 3, 2008, a Notice of Violation and Proposed Imposition of Civil Penalty was issued for two Severity Level III violations resulting in two $3,250 civil penalties (a total of $6,500).  In violation of 10 CFR 30.9, the licensee provided the NRC information that was not complete and accurate in all material respects when it submitted statements from a physician (preceptor) for the purposes of attesting that an applicant physician met the training and experience criteria to be named as an authorized user on an NRC license.  However, the applicant physician had not worked with or under the supervision of the preceptor and the preceptor did not meet the NRC requirements for a preceptor to be an authorized user physician on a license.  Further, in violation of 10 CFR 20.1801, the licensee did not secure from unauthorized removal, limit access to, or maintain control and surveillance of licensed material at several facilities and over a period of several years (2001-2006).

NTH Consultants, Ltd. (EA-08-002)

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.

Oncology Institute of Greater Lafayette (EA-07-313)

On March 31, 2008, a Notice of Violation was issued for a Severity Level III problem. The violations involved the failure to instruct an Authorized Medical Physicist, a supervised individual, in the licensee’s written directive procedures with respect to the use of byproduct material and failure to develop, implement and maintain written directive procedures to provide high confidence that each administration was in accordance with the written directive. Specifically, the licensee did not verify before treatment that the treatment plan was properly input into the high dose rate remote afterloader unit and did not verify, after treatment, that the step size, a treatment parameter used for the treatments, was in agreement with the treatment plan. A medical event occurred during the licensee’s administration of three treatment fractions to a patient. As a result, portions of the treatment site received a total dose that differed from the prescribed dose by more than 20 percent.

Saint Louis University (EA-07-317)

On March 31, 2008, 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 controlled or unrestricted area. Specifically, the licensee did not secure from unauthorized removal or limit access to materials containing regulated amount of iodine-125 located in the Medical School building and regulated amount of hydrogen-3 located in the Pediatric Research Institute, both of which were controlled areas.

Baxter Healthcare of Puerto Rico (EA-07-132)

On February 26, 2008, a Confirmatory Order modifying the license and confirming commitments reached as part of an alternative dispute resolution (ADR) mediation settlement agreement was issued along with a Severity Level III Notice of Violation and Civil Penalty in the amount of $15,000, to Baxter Healthcare of Puerto Rico regarding their irradiator program. This enforcement action was based on violations resulting from deliberate acts of certain Baxter employees. Specifically, violations included failure to perform preventative maintenance checks of safety systems, failure to conduct safety performance reviews and written tests for two irradiator operators; and failure to maintain complete and accurate records of inspection and maintenance checks and operator performance. The NRC and the licensee agreed to disagree regarding the failure to conduct safety performance reviews and written tests for the two irradiator operators and the associated record requirements. Further, Baxter has taken multiple corrective actions agreed to in the ADR session, including development of specific procedures, training, and processes for which the Order will modify the license to require implementation.

Accurate NDE and Inspection, LLC. (EA-06-281; EA-07-289)

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.

Western X-Ray Corporation (EA-07-277; EA-07-278)

On February 15, 2008, a Notice of Violation was issued for two Severity Level III violations. The first violation involved a failure to certify an individual who acted as the radiographer of record while performing industrial radiography. The second violation involved a failure to wear an operating alarm ratemeter by an individual who acted as the radiographer’s assistant during radiographic operations. Specifically, on April 23, 2007, the individual acting as the radiographer of record was not certified as a radiographer and the individual acting as the assistant radiographer of record was not wearing an operating ratemeter at all times during radiographic operations, while performing industrial radiography on an offshore platform in federal waters.

Mattingly Testing Services, Inc. (EA-07-303)

On January 23, 2008, a Demand for Information (DFI) was issued to Mattingly Testing Services, Inc. (Mattingly Testing) in response to the information obtained during November 7, 2007, inspection and investigation of Mattingly Testing’s licensed activities. While the inspection and investigation activities continue, the DFI required Mattingly Testing to provide information in order for the NRC to evaluate and determine the appropriateness of Mattingly Testing’s licensed material program at temporary job sites. The DFI also required Mattingly Testing to provide information in order for the NRC to evaluate the depth and completeness of Mattingly Testing’s work environment and its determination that it maintains an environment where employees can raise safety concerns without fear of retaliation. Specifically, the DFI required Mattingly Testing to provide additional details relative to the establishment, implementation and maintenance of a program designed to provide and support such a work environment. Mattingly Testing is required to submit the information in writing within 20 days of the date of this DFI. After reviewing Mattingly Testing’s response to the DFI, the NRC will determine whether further action is necessary to ensure compliance with regulatory requirements.

CTI and Associates, Inc. (EA-07-300)

On January 15, 2008, 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, was damaged when it was run over by a bulldozer after the authorized gauge operator had left it unattended while he was preparing for another test at a temporary job site.

Material Testing, Inc. (EA-07-257)

On January 11, 2008, a Notice of Violation was issued for a Severity Level III violation. The violation involved the failure to use a minimum of two independent physical controls that form tangible barriers to secure portable gauges from unauthorized removal, when the portable gauges are not under the control and constant surveillance of the licensee. Specifically, On June 19, 2006, three gauges containing licensed material were stored and left unattended without any independent physical controls to secure the devices from unauthorized removal; and, (2) on June 19, 2007, one gauge was left unattended in a personal vehicle without any independent physical controls to secure the devices from unauthorized removal.

Tyme Engineering, Inc. (EA-07-276)

On January 7, 2008, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,250 was issued to Tyme Engineering, 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, the licensee had only a single tangible barrier in place when a gauge was stolen from an unattended licensee vehicle parked at the licensee’s business parking lot.

All significant enforcement actions issued to materials licensees

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Page Last Reviewed/Updated Friday, July 12, 2013