United States Nuclear Regulatory Commission - Protecting People and the Environment

2014 Materials Actions

ConAgra Foods, Trenton, Missouri (EA-14-075)

On August 1, 2014, the NRC issued a Notice of Violation to ConAgra Foods for a Severity Level III Problem involving three violations. The first violation involved the failure to transfer or dispose of a device containing byproduct material only by export as provided by 10 CFR 31.5(c)(7), by transfer to another general licensee as authorized in 10 CFR 31.5(c)(9), or to a person authorized to receive the device by a specific license as required by 10 CFR 31.5(c)(8)(i). Specifically, on December 18, 2013, the licensee reported that two gauges and four exit signs were missing from their facility. The second violation involved the failure to furnish a report to the Director, Office of Federal and State Materials and Environmental Management Programs (FSME), within 30 days after the transfer of a device to a specific licensee or export. Specifically, between November 8, 2004, and December 8, 2004, the licensee transferred a generally licensed device to a specific licensee, the manufacturer, Industrial Dynamics, Inc., on November 8, 2004, and did not provide a report to FSME until December 18, 2013. The third violation involved the licensee holding devices that were not in use for longer than 2 years. 10 CFR 31.5(c)(15) provides an exception to the two-year limit, if the general licensee performs quarterly physical inventories of these devices while they are in standby. However, as of April 21, 2014, the licensee held in its possession four generally licensed devices for greater than two years that were not in use and without conducting quarterly inventories.

Saint Louis University, St. Louis, Missouri (EA-14-076)

On July 25, 2014, the NRC issued a Notice of Violation to Saint Louis University for a Severity Level III violation involving the failure to secure licensed materials that are stored in controlled or unrestricted areas from unauthorized removal or access as required by 10 CFR 0.1801. Specifically, on April 7, 2014, the licensee failed to lock the laboratory door used to secure and limit access to licensed materials.

ECS Carolinas, LLP, Wilmington, North Carolina, LLP (EA-14-029)

On April 23, 2014, the NRC issued a Notice of Violation to ECS Carolinas, LLP (ECS), for a Severity Level III Problem for two related violations. The violations involved ECS's failure to: (1) control and maintain constant surveillance of the gauge that is in an unrestricted area as required by 10 CFR 20.1802 and (2) use two independent physical controls that form tangible barriers to secure the gauge from unauthorized removal in accordance with 30.34(i).  Specifically, on May 23, 2011, an unsecured portable gauge was inadvertently left unattended and uncontrolled at a jobsite at the Marine Corps Base, Camp Lejeune.  The unattended gauge was recognized and recovered by a Camp Lejeune contractor, who secured the gauge and subsequently returned to ECS approximately three hours later.

Centro de Medicina Nuclear, Santurce, PR (EA-13-059)

On April 8, 2014, the NRC issued an Order Imposing Civil Monetary Penalty to Centro de Medicina Nuclear (CDM). Following the NRC’s November 5, 2013, Notice of Violation and Proposed Imposition of a Civil Penalty in the amount of $7,000, the licensee has failed to respond to the Notice and the proposed civil penalties. The Notice of Violation and proposed civil penalty was issued to the licensee for a failure to comply with the actions required by an Order issued on August 7, 2012, after CDM failed to pay the NRC licensing fee. Accordingly, NRC concluded that the violation remains valid and issued an order imposing Civil Monetary Penalty in the amount of $7,000.

IUPUI/Indiana University Medical Center, Indianapolis, Indiana (EA-14-028)

On April 3, 2014, the NRC issued a Notice of Violation to IUPUI/Indiana University Medical Center for a Severity Level III violation involving the 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, on January 16, 2014, the licensee stored radioactive material in laboratories with doors that were not secured. 

Dominion NDT Services, Inc., Richmond, VA (EA-14-026)

On April 2, 2014, the NRC issued a Notice of Violation to Dominion NDT Services, Inc., (Dominion), for a Severity Level III violation. The 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, as required by 10 CFR 150.20(b).  Specifically, on January 11, 2013, September 28, 2013, and November 2, 2013, Dominion, a licensee of the Commonwealth of Virginia, performed industrial radiography activities at the Craney Island Naval Fuel Depot in Norfolk, Virginia, an area of exclusive Federal jurisdiction, without filing the required documentation with the NRC.

Kuehne Company, Delaware City, Delaware (EA-13-244)

On March 20, 2014, the NRC issued a Notice of Violation to Kuehne Company (Kuehne) for a Severity Level III violation. The violation involved a failure to transfer or dispose of a device containing byproduct material to persons holding a specific license pursuant to 10 CFR Parts 30 and 32 or to an Agreement State, as required by 10 CFR 31.5(c)(8).  Specifically, on October 31, 2013, a sealed source serial number 959-4-88, formerly possessed by Kuehne, was found in a scrap yard located in Coatesville, Pennsylvania and Kuehne did not properly transfer or dispose of the device containing the source to a facility authorized to receive it.

City of Kirksville, Kirksville, Missouri (EA-14-001)

On March 17, 2014, the NRC issued a Notice of Violation to the City of Kirksville for a Severity Level III violation involving the failure to only transfer byproduct material to persons authorized to receive such byproduct material in accordance with 10 CFR 30.41(a) and (b)(5). Specifically, on or about December 2, 2013, the licensee transferred a specifically-licensed portable gauge to a company not authorized to receive such byproduct material under the terms of a specific or general license issued by the Commission or an Agreement State.

Tetra Tech, Inc., Newark, Delaware (EA-13-227)

On February 24, 2014, the NRC issued a Notice of Violation to Tetra Tech, Inc. (Tetra Tech) for a Severity Level III violation. The violation involved a failure to confine possession and use of the byproduct material to the locations and purposes authorized in the license, as required by 10 CFR 30.34(c). Specifically, between June 7, 2006 and October 22, 2013, on multiple occasions, Tetra Tech personnel conducted maintenance of portable nuclear gauges that required detaching the source rod from the gauge and was not specifically licensed by the NRC or an Agreement State to perform such services.

Valley Quarries, Inc. (EA-13-215)

On February 6, 2014, the NRC issued a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,500 to Valley Quarries Inc. (VQI), for a Severity Level III Problem for three related violations. The three violations involved VQI's willful failure to: (1) secure the gauge containing radioactive materials to prevent from shifting during transport as required by 10 CFR 71.5; (2) control and maintain constant surveillance of the gauge that is in an unrestricted area as required by 10 CFR 20.1802; and (3) use two independent physical controls that form tangible barriers to secure the gauge from unauthorized removal in accordance with 30.34(i).  Specifically, on May 3, 2013, VQI, a licensee of the Commonwealth of Pennsylvania, while working under reciprocity in a non-Agreement State, did not secure a portable gauge containing licensed materials to prevent shifting while transporting it in the back of a pickup truck over a public highway, an unrestricted area, in West Virginia.  Consequently, the gauge fell out of the truck bed on a highway and was left unsecured in an area not controlled by the licensee. The gauge was found by a member of the public who subsequently returned it to the licensee through the Agreement State regulator.

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Page Last Reviewed/Updated Wednesday, August 20, 2014