2012 Materials Actions
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Advanced Material Services (EA-11-276)
On April 17, 2012, the NRC issued a Notice of Violation to Advanced Material Services, LLC (AMS) for a Severity Level III violation. The violation involved a 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, as required by 10 CFR 150.20(b). Specifically, between May 12 and June 26, 2008, AMS, which only holds an Alabama (Agreement State) license, used a portable nuclear gauge, at temporary jobsites within the State of Connecticut (non-Agreement state), without obtaining a specific license issued by the NRC or filing NRC Form-241, at least three days before engaging in such activity.
Morpho Detection, Inc. (EA-11-270)
On April 10, 2012, the NRC issued a Notice of Violation to Morpho Detection, Inc. (MDI), for a Severity Level III problem. The violations involved the licensee’s failure to: 1) 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, as required by 10 CFR 150.20(b); and 2) store and use the byproduct material under a Agreement State license for a period of less than 180 days in a calendar year, as required by 10 CFR 150.20(b)(4). Specifically, between 2007 and 2011, on multiple occasions, MDI, a Massachusetts Agreement State license, engaged in activities in non-agreement states without obtaining a specific license issued by the NRC or filing NRC Form-241 as required. In addition, the material was stored and used in non-agreement states for periods greater than 180 days in any calendar year.
Department of the Army (EA-12-014)
On April 5, 2012, the NRC issued a Notice of Violation to the Department of the Army (Army), for a Severity Level III violation. The violation involved Army’s failure to provide a radiation monitor that was equipped with personnel access door locks to prevent access to the radiation room of the panoramic irradiator at the Redstone Arsenal facility, when radiation levels were high, as required by 10 CFR 150.20(b). Specifically, from September 24, 1996 to February 17, 2012, the Army’s radiation room personnel access door was not integrated with the radiation monitor to prevent the door from opening when radiation levels were high.
On March 30, 2012, the NRC issued a Notice of Violation to InstroTek/CPN International (CPN) for a Severity Level III problem. The violations involved licensee’s failure to: 1) obtain a specific license to export byproduct materials to embargoed destinations as required by 10 CFR110.5; and 2) submit annual reports of americium exports as required by 10 CFR110.23(b) (currently 110.54(b)). Specifically, on November 20, 2008, and May 5, 2010, CPN exported americium-241 and cesium-137 byproduct materials subject to NRC licensing jurisdiction, to embargoed destinations (Iraq and Sudan), without a specific license as required. Also between 2000 and 2009, CPN exported americium and failed to file the required annual reports.
Humboldt Scientific, Inc. (EA-11-138)
On March 8, 2012, the NRC issued a Notice of Violation to Humboldt Scientific, Inc. (HSI) for a Severity Level III problem. The violations involved a failure to obtain appropriate license authorization to export byproduct materials to embargoed destinations and a failure to submit annual reports of americium exports in accordance with 10 CFR 110.54(b). Specifically, on May 6, 2005, May 7, 2008, June 26, 2008, and July 31, 2008, HSI exported americium-241 and cesium-137 byproduct materials subject to NRC licensing jurisdiction, to embargoed destinations of Iraq and Sudan respectively, without a specific license as required by 10 CFR 110.5 and HSI failed to make annual reports of americium exports for calendar years 2000-2009, during which years americium exports were performed.
S&R Engineering S.E. (EA-11-098)
On January 13, 2012, the NRC issued a Notice of Violation and Proposed Imposition of a Civil Penalty in the amount of $14,000 to S&R Engineering (S&R) for a Severity Level (SL) III problem and two SL III violations. The SL III problem involved two violations: 1) S&R’s failure to comply with or respond to an NRC Order, as required by 10 CFR 2.202(b); and 2) S&R provided information to the NRC that was not complete and accurate in all material respects as required by 10 CFR 30.9(a). Specifically, as of January 13, 2012, S&R has not submitted an answer to the order (which was required by November 28, 2009), has not paid the license fee, and has not disposed of or transferred its licensed nuclear material to an authorized recipient. On August 3, 2010, the S&R president informed the NRC that S&R had transferred its portable moisture density gauge containing radioactive sources to another NRC licensee when S&R still possessed the gauge. The two additional SL III violations involved S&R’s failure to afford the NRC an opportunity to inspect materials, activities, and records under the regulations as required by 10 CFR 19.14(a) and S&R’s failure to use a minimum of two independent controls that form tangible barriers to secure portable gauge from unauthorized removal, when the portable gauge was not under S&R’s direct control and constant surveillance as required by 10 CFR 30.34(i). Specifically, on August 3, 2010, S&R provided the NRC inaccurate information about the location of its licensed material, thereby preventing inspection of S&R’s licensed activities and the gauge has been stored inside of its shipping case, which was located in an unlocked closet of the locked S&R office, providing only one barrier.
Universal Product Concepts, Inc. (EA-11-222)
On January 9, 2012, the NRC issued a Notice of Violation and Proposed Imposition of a Civil Penalty in the amount of $7,000.00, to Universal Product Concepts, Inc. (UPC) for a Severity Level III problem. The violations involved a willful transfer of smoke detectors containing byproduct material (americium-241) without the NRC license as required by 10 CFR 30.3(a) and an import of material into United States without having the required license for possession of the material as required by 10 CFR 110.5. Specifically, from May to July 2010, UPC imported and transferred approximately 19,423 smoke detectors containing byproduct material without the required NRC licenses authorizing such imports and transfers.
Regents of the University of Michigan (EA-11-228)
On January 6, 2012, the NRC issued a Notice of Violation to the Regents of the University of Michigan for a Severity Level III violation involving the failure to develop, implement, and maintain written procedures to provide high confidence that each administration was in accordance with the written directive as required by 10 CFR 35.41(a). In accordance with 10 CFR 35.41(b)(2), the procedures required by 10 CFR 35.41(a) must address verifying that the administration is in accordance with the treatment plan, if applicable, and the written directive. Specifically, on March 9, 2011, the licensee administered a yttrium-90 TheraSphere™ liver treatment, but the licensee’s procedures did not require verifying that the administration of byproduct material was in accordance with the applicable treatment plan and written directive.
