United States Nuclear Regulatory Commission - Protecting People and the Environment

2013 Materials Actions

Centro de Medicina Nuclear (EA-13-059)

On November 5, 2013, the NRC issued a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $7,000 to Centro de Medicina Nuclear (CDM) for a Severity Level III violation involving CDM's failure to comply with an Order issued on August 7, 2012, after CDM failed to pay the NRC licensing fee. Specifically, as of November 5, 2013, CDM (1) had not submitted an answer to the Order, (2) paid the license fee, or (3) submitted the required written report regarding the amount, condition, and status of its licensed material by August 27, 2012; or begun decommissioning its site by October 26, 2012.

Canberra Industries, Inc. (EA-13-184)

On November 1, 2013, the NRC issued a Notice of Violation to Canberra Industries, Inc., (Canberra) for a Severity Level III violation involving the licensee’s failure to secure from unauthorized removal or access licensed materials that are stored in controlled or unrestricted areas as required by 10 CFR 20.1801.  Specifically, Canberra stored an americium-241/ beryllium source in a locked calibration room in which there was a pass-through window to an unlocked outer room that was open and accessible.  Also, the source was inside a shielded drum that was not secured to the floor and the motorized device that is used to expose the source could have been operated by unauthorized individuals via an unlocked switch located in the outer room.

ADCO Services, Inc. (EA-13-131)

On October 30, 2013, the NRC issued a Notice of Violation to ADCO Services, Inc., for a Severity Level III violation.  The violation involved the failure to have an individual specifically named on the license fulfill the duties of the Radiation Safety Officer (RSO) as required by License Condition 11. A of the NRC License.  Specifically, the RSO left the company on June 30, 2012, and the licensee did not hire a new qualified RSO and submit an amendment request to the NRC until February 1, 2013.

Jackson Cardiology Associates, P.C. (EA-13-134)

On October 30, 2013, the NRC issued a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,500 to Jackson Cardiology Associates, P.C., for a Severity Level III problem involving two violations. The first violation involved the failure to supply and require the use of individual monitoring devices by adults likely to receive a dose in excess of 10 percent of the limits in 10 CFR 20.1201(a) as required by 10 CFR 20.1502(a)(1). The second violation involved the failure to ensure that information provided to the NRC was complete and accurate in all material respects as required by 10 CFR 30.9. Specifically, on August 20, 2012, a nuclear medicine technologist informed an NRC inspector that dosimetry had been left at home although it had been misplaced at the end of June 2012. The technologist neglected to inform the inspector that payments had not made to the vendor to continue the contract nor were the services of a replacement vendor obtained.

Bradley D. Bastow, D.O., South Haven, MI (EA-13-025)

On September 3, 2013, the NRC issued a Confirmatory Order to Bradley D. Bastow, D. O. to formalize commitments made as a result of an ADR mediation session.  The commitments were made by Dr. Bastow as part of a settlement agreement between himself and the NRC regarding apparent violations of NRC requirements.  The agreement resolves the apparent failure to: (1) ensure completeness and accuracy of information, (2) perform daily contamination surveys as required, (3) calibrate survey instruments annually, (4) issue a whole body radiation exposure measuring device to an individual who was occupationally exposed to ionizing photon radiation on a regular basis, (5) to read film badges on a monthly basis and the results were not evaluated by the radiation safety officer, (6) ensure sealed sources were leak tested at 6 months intervals, (7) conduct a semi-annual physical inventory of all sealed sources in its possession, and (8) ensure that radiation safety activities are being performed in accordance with licensee-approved procedures and regulatory requirements.  Dr. Bastow agreed to a number of corrective actions, including completing a medical radiation safety officer refresher training class and meeting with and “shadowing” another radiation safety officer who oversees a nuclear medical program.  Dr. Bastow also agreed to a Notice of Violation and to pay a civil penalty of $1,000.  In consideration of these commitments, the NRC agreed to not to pursue any further enforcement action in connection this matter.

Camden-Clark Memorial Hospital Corporation (EA-13-107)

On August 8, 2013, the NRC issued a Notice of Violation to Camden-Clark Memorial Hospital Corporation (CCMHC) for a Severity Level III problem involving two violations. The first violation involved the failure to implement its written procedure to provide high confidence that an administration was performed in accordance with the written directive as required by 10 CFR 35.41. Specifically, on February 25, 2011, CCMHC implanted a patient with 63 palladium-103 seeds to deliver a dose of 125 Gy; however, 16 of the 63 prescribed palladium-103 seeds were implanted outside the planned treatment area. CCMHC's subsequent assessment of the implant on April 1, 2011, did not identify that the delivered dose was different from the prescribed dose by more than 20 percent. This failure to identify the medical event contributed to the second violation, specifically, CCMHC not notifying the NRC Operations Center by the next calendar day, in accordance with 10 CFR 35.3045(c), that a medical event had occurred. Instead, CCMHC reported the medical event on March 5, 2012.

Nordlund and Associates (EA-13-053)

On June 27, 2013, the NRC issued a Notice of Violation to Nordlund and Associates for a Severity Level III problem. One of the violations included in the Severity Level III problem involved the failure to confine possession and use of byproduct materials to the locations and purposes authorized by the license as required by 10 CFR 30.34(c). As for accelerator-produced radioactive material or discrete sources of radium-226 that require a license amendment, licensees may continue to use these materials for authorized purposes until the specified date provided the person submits an amendment application within 6 months from the NRC's waiver expiration date. However, from August 7, 2009, to April 3, 2013, the licensee possessed four radium-226 gauges and used one of these gauges for density measurements at a temporary job site on July 3 and 5, 2012. The licensee was not authorized to possess the gauges and did not submit a license amendment until February 19, 2013, which is more than 6 months from the waiver expiration date. Another violation involved the conduct of operations so that the dose in any unrestricted area from external sources does not exceed 2 millirem in any one hour as required by 10 CFR 20.1301(a)(2). Specifically, as of January 16, 2013, the licensee stored its radium gauges in an outdoor shed in an unrestricted area in a manner that resulted in a dose of approximately 4.5 millirem per hour external to the shed.

GeoLog Well Services, Inc. (EA-13-067)

On June 11, 2013, the NRC issued a Notice of Violation to GeoLog Well Services, Inc., for a Severity Level III violation.  The violation involved the failure to, at least three days before engaging in the activity for the first time in a calendar year, file a submittal containing an NRC Form 241, “Report of Proposed Activities in Non-Agreement States,” a copy of the Agreement State specific license, and the appropriate fee as required by 10 CFR 150.20.  However, on multiple occasions between August 5, 2005, and March 14, 2013, the Agreement State licensee possessed and used licensed materials at temporary job sites in Indiana, a Non-Agreement State, without first filing the required documentation with the NRC.

Mercy Hospital (EA-13-049)

On May 16, 2013, the NRC issued a Notice of Violation to Mercy Hospital for a Severity Level III violation involving the failure to secure from unauthorized removal or limit access to licensed material stored in controlled or unrestricted areas as required by 10 CFR 20.1801.  On October 9, 2012, and February 25, 2013, the licensee failed to secure from unauthorized removal or limit access to licensed material that was stored in controlled or unrestricted areas as noted during an internal audit and an NRC inspection.

Braun Intertec Corporation (EA-13-056)

On May 14, 2013, the NRC issued a Notice of Violation to Braun Intertec Corporation for a Severity Level III violation. The violation involved the failure to, at least three days before engaging in the activity for the first time in a calendar year, file a submittal containing an NRC Form 241, "Report of Proposed Activities in Non-Agreement States," a copy of the Agreement State specific license, and the appropriate fee as required by 10 CFR 150.20. Also, if applicable, the Agreement State licensee must file an amended form to request approval for changes in work locations. However, the Agreement State licensee possessed and used radioactive material in an area of exclusive federal jurisdiction in 2013 without filing an initial submittal. Additionally, the Agreement State licensee failed to file an amended form for a different work location in 2012.

Bruker Detection Corporation (EA-13-012)

On March 29, 2013, the NRC issued a Notice of Violation to Bruker Detection Corporation (Bruker), for a Severity Level III violation involving 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, as required by 10 CFR 150.20 (b).  Specifically, from April 16 to April 21, 2012, Bruker, a licensee of the Commonwealth of Massachusetts, possessed and used ion mobility spectrometer devices containing Nickel-63 sealed sources in Indiana, a non-Agreement State, without first filing a Form-241 with the NRC, at least three days before engaging in such activity.

Havells USA Inc. (EA-12-258)

On March 6, 2013, the NRC issued a Notice of Violation to Havells USA Inc. (Havells) for a Severity Level III violation. The violation involved a failure to limit the distribution of products containing byproduct material from only those locations authorized on its NRC exempt distribution license. Specifically, between March 11, 2009, and December 7, 2012, on an unspecified number of occasions Havells distributed lamps containing exempt quantities of krypton-85 from Mullins, South Carolina and Atlanta, Georgia locations, and these locations are not authorized by its NRC license.

Deaconess Hospital (EA-12-245)

On January 31, 2013, the NRC issued a Notice of Violation to Deaconess Hospital for a Severity Level III violation involving the failure to develop, implement, and maintain written procedures to provide high confidence that each administration is 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. However, as of March 5, 2012, the licensee administered a 34 Gray dose to a patient, and the licensee’s procedures did not require verifying that the administration was in accordance with the applicable treatment plan and written directive.

Missouri Baptist Medical Center Hospital EA-12-242)

On January 29, 2013, the NRC issued a Notice of Violation to Missouri Baptist Medical Center Hospital 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. However, as of October 19, 2012, the licensee’s procedures failed to address verification that the administered dosage was in accordance with the prescribed dosage on the written directive prior to administration. Specifically, on or about May 1, 2012, a yttrium-90 (Y-90) procedure was performed, and the written directive indicated a prescribed dosage other than the authorized user intended to deliver to the patient. The authorized user electronically signed and dated the written directive immediately before the administration of the dose without verifying that the written directive indicated the intended activity. The administration represented a dosage 39 percent greater than the prescribed dosage documented on the written directive. Additionally, on or about May 31, 2012, a medical procedure involving samarium-153 was performed and the “prescribed activity” section was blank in the written directive as no data had been entered into the applicable area. The calculations attached to the written directive indicate that the authorized user intended to give a dosage that was within 20 percent of the administered dosage.

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Page Last Reviewed/Updated Wednesday, April 16, 2014