United States Nuclear Regulatory Commission - Protecting People and the Environment

Escalated Enforcement Actions Issued to Materials Licensees - B

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This table includes a collection of significant enforcement actions (referred to as "escalated") that the NRC has issued to materials licensees.

The types of actions and their abbreviations are as follows:

  • Notice of Violation for Severity Level I, II, or III violations (NOV)
  • Notice of Violation and Proposed Imposition of Civil Penalty (NOVCP)
  • Order Imposing Civil Penalty (CPORDER)
  • Order Modifying, Suspending, or Revoking License (ORDER)

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Licensee Name and
NRC Action Number
Action Type
(Severity) &
Civil Penalty
(if any)
Date Description
B&W Fuel Company (cuurently AREVA NP, Inc.), VA
EA-96-538
NOVCP
(SL III)

$12,500
03/04/1997 The action involved five violations involving an event in which a low-enriched, unirradiated fuel assembly was inadvertently returned in its original shipping container to its point of origin in Germany. The violations, which are being characterized as a Severity Level III problem, include B&W's failure to: (1) follow its procedures for the downloading operation; (2) provide adequate procedures for the downloading operation; (3) conduct a reasonable survey of the shipping container; (4) comply with numerous transportation requirements; and (5) adequately implement material control and accounting procedures to verify the presence of the fuel assembly.
B&W Fuel Company (currently AREVA NP, Inc.), VA
EA-96-236;
EA-95-215
NOVCP
(SL III)
$12,500
01/30/1996 Licensee failure to use shipping packages which were constructed in compliance with regulations, to maintain the inventory of natural uranium within the limits of authorization, and to provide complete and accurate information concerning use of packaging and possession of material.
CPORDER 04/29/1996
Ball Memorial Hospital, IN
EA-08-026
NOV
(SL III)
05/12/2008 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.
Barnett Industrial X-Ray, OK
EA-96-502
NOVCP
(SL II)

$4,000
02/24/1997 The action was based on a problem involving: (1) a deliberate failure of a radiographer and an assistant radiographer to wear personal radiation monitoring devices, including alarm ratemeters; (2) a willful failure to conduct a survey to assure that the source had been returned to its shielded position; and (3) a willful failure on the part of the radiographer to adequately supervise his assistant.
CPORDER
$4,000
05/23/1997
Basin Electric Power Cooperative, WY
EA-09-258
NOVCP
(SL II)

$24,700
08/26/2010 On August 26, 2010, the NRC issued a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $24,700 to Basin Electric Power Cooperative. The violations involved: (1) Severity Level (SL) II violation of 10 CFR 20.1301(a)(1) for failure to limit radiation exposure to members of the public to less than 100 millirem in a year, resulting in six members of the public received doses in excess of 100 millirem; (2) SL III violation of 10 CFR 20.1902(e) for failure to conspicuously post caution signs with the words “CAUTION, RADIOACTIVE MATERIAL(S)” or “DANGER RADIOACTIVE MATERIAL(S)” in areas where nuclear gauges were used; (3) SL III violation of 10 CFR 30.50(b)(4) for failure to notify the NRC within 24 hours after the discovery of an unplanned fire on March 8, 2007, that damaged the integrity of a licensed device; and (4) SL III violation of License Condition 21 of Amendment 10 to NRC Materials License 33‑18224‑01 for failure to close and lock the nuclear gauge shutters after plant operations had stopped and prior to allowing welders to begin work, resulting in welders exposed to the direct radiation beam from these nuclear gauges.
Bass Energy, Inc., WV
EA-00-118
NOVCP
(SL II)

$8,800
06/30/2000 On June 30, 2000, a Notice of Violation and Proposed Imposition of Civil Penalty of $8,800 was issued for a Severity Level II problem involving the failure to (1) obtain written consent from the NRC prior to transferring control of licensed material to unlicensed companies on two occasions; (2) secure or maintain constant surveillance of licensed material from unauthorized access; and (3) provide information to the NRC that was complete and accurate in all material aspects.
CPORDER
$8,800
09/29/2000
Bradley D. Bastow, D.O.
South Haven, MI
EA-13-025
ORDER
$1,000
09/03/2013 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.
Baxter Healthcare Corp., PR
EA 07-132
ORDER 02/26/2008 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.
Baxter Healthcare Corp., PR
EA-04-118
NOVCP
(SL II)

$44,400
10/25/2004 On October 25, 2004, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $44,400 was issued for two willful Severity Level II violations (assessed $28,800 for three occurrences of failure to adhere to emergency procedures and $9,600 for failure to perform an adequate survey) and a willful Severity Level III violation ($6,000 for failure to provide an individual radiation monitoring device) related to an event involving personnel entering an irradiator when the source was stuck in an unshielded position.
ORDER 01/25/2005
Baxter Healthcare Corp., PR
EA-97-518
NOVCP
(SL III)

$10,500
05/14/1998 Unauthorized alteration and repairs to the irradiator and safety systems.
Amended
NOVCP
(SL III)

$10,500
10/09/1998
Bayou Inspection Services, Inc., LA
EA-05-137
NOVCP
(SL III)

$6,000
03/17/2006 On March 17, 2006, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $6,000 was issued for a Severity Level III violation. The violation involved two separate instances of the failure to secure or maintain constant surveillance of licensed material (radiographic exposure devices) in unrestricted areas. In addition, the NRC determined that willfulness was associated with one instance of this violation.
Bayou Inspection Services, Inc., LA
EA-00-297
NOVCP
(SL III)

$5,500
04/02/2001 On April 2, 2001, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $5,500 was issued for a Severity Level III problem involving a willful failure to notify the NRC prior to conducting industrial radiography operations in offshore waters (i.e., failure to file NRC Form 241) and a willful failure to obtain an exemption from the NRC for the use of pipeliner radiography devices in offshore waters.
Bemis Construction, Inc., KS
EA-95-276
NOVCP
(SL III)

$2,500
03/19/1996 Failure to obtain an NRC license or file Form-241.
CPORDER
$2,500
05/23/1996
Berwick Hospital, PA
EA-97-360
NOV
(SL III)
09/25/1997 Hot Lab with millcurie quantities of RAM unsecured.
Beta Gamma Nuclear Radiology, Inc., PR
EA-09-147
ORDER 01/21/2010 On January 21, 2010, the NRC issued a Notice of Violation (NOV) and Immediately Effective Confirmatory Order to Beta Gamma Nuclear Radiology, Inc., (BGNR) to confirm commitments made as a result of an Alternative Dispute Resolution (ADR) mediation session held on October 27, 2009. This enforcement action is based on a violation of 10 CFR 30.9 which requires, in part, that information provided to the Commission by a licensee, or information required by the Commission's regulations to be maintained by the licensee shall be complete and accurate in all material respects. Contrary to this requirement, in a May 5, 2008 response contesting a Severity Level IV Notice of Violation, BGNR maintained, and provided to the NRC, information that was not complete and accurate in all material respects. Specifically, the BGNR response stated that three written directives, administered on September 14, 2005, and February 19 and 26, 2008, were written prior to the administrations, when in fact, the written directives were signed and dated after the administrations. The written directives were required to be maintained by 10 CFR 35.40(a), and were therefore, material to the NRC. BGNR agreed to: (1) perform quarterly comprehensive radiation safety audits and (2) authorize a new RSO for a two year period. In recognition of these commitments, the NRC agreed to issue to BGNR a civil penalty in the amount of $5,000 and also issue an NOV containing a SL III violation of 10 CFR 30.9.
Biomedical Scanning Services, Inc., MO
EA-00-288
NOVCP
(SL II)

$8,800
02/21/2001 On February 21, 2001, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $8800 was issued for a Severity Level II problem involving deliberate violations. These included: (1) delivery of byproduct material without an authorized individual present, (2) delivery of byproduct material to a client's address, and (3) providing inaccurate and incomplete information to the NRC.
Bittner Engineering, Inc., MI
EA-97-512
NOV
(SL III)
11/24/1997 Moisture/density gauge damaged at a construction site.
BJ-Titan Services, TX
EA-97-174
NOV
(SL III)
06/12/1997 Unsecured gauges, failure to control licensed material.
Black Warrior Wireline Corp., MI
EA-01-095
NOV
(SL III)
05/27/2001 On May 27, 2001, a Notice of Violation was issued for a Severity Level III violation involving the failure of Black Warrior Wireline Corporation, a licensee of the State of Louisiana, to file NRC Form 241, Report of Proposed Activities in Non-Agreement State, Areas of Exclusive Federal Jurisdiction, or Offshore Waters," prior to conducting well logging operations using americium-241/beryllium sealed sources in offshore waters off of the Gulf of Mexico in areas of Federal jurisdiction.
Blakemore Construction Corporation, VA
EA-07-174
NOV
(SL III)
10/11/20007 On October 11, 2007, a Notice of Violation was issued for a Severity Level III violation of 10 CFR 30.34(i). The violation involved the failure to maintain a minimum of two independent physical controls that formed a tangible barrier to secure a portable gauge from unauthorized removal during a period when the gauge was not under direct control or surveillance. Specifically, two portable gauges were stored in an unlocked storage room located in an unlocked building at one of the licensee's job sites.
Bon Secours Virginia Health Source, VA
EA-08-234
NOV
(SL III)
10/10/2008 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.
Boone Hospital Center, MO
EA-05-127
NOVCP
(SL III)

$3,250
09/02/2005 On September 2, 2005, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,250 was issued for a Severity Level III violation involving the failure to control and maintain constant surveillance of iodine-125 in a controlled area. Specifically, a cartridge containing iodine-125 seeds was transferred to an unauthorized and untrained licensee employee who subsequently transferred the cartridge to a second unauthorized and untrained licensee employee who opened the cartridge and inadvertently lost control of some of the seeds.
Bowser-Morner, Inc., OH
EA-97-391
NOV
(SL III)
10/08/1997 Moisture density gauge damaged during field operations.
Bozeman Deaconess Hospital, MT
EA-10-258
CPORDER
$3,500
07/08/2011 On July 8, 2011, a Confirmatory Order (effective immediately) was issued to Bozeman Deaconess Hospital (BDH) to confirm commitments made as a result of an Alternative Dispute Resolution (ADR) settlement agreement. During inspection and investigation, NRC identified two willful violations. The violations involved the failures to secure licensed materials from unauthorized removal or access as required by 10 CFR 20.1801 and to control and maintain constant surveillance of licensed material as required by 10 CFR 20.1802. In response to these violations, the licensee requested ADR. BDH agreed to take a number of actions as part of this Confirmatory Order: providing training to hospital staff and managers involved in NRC licensed activities by an independent third-party organization; modifying the internal requirements for new worker training and for its annual refresher training; developing and implementing a procedure that allows hospital employees and contractors to raise radiation safety concerns to hospital management; and paying a civil penalty in the amount of $3,500.
BP Chemicals America, Inc., OH
EA-97-507
NOV
(SL III)
12/16/1997 Decommissioning issues.
Braun Intertec Corporation, MN
EA-13-056
NOV
(SL III)
05/14/2013 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.
Braun Intertec Corporation, MN
EA-00-147
NOVCP
(SL III)

$5,500
08/14/2000 On August 14, 2000, a Notice of Violation and Proposed Imposition of Civil Penalty of $5,500 was issued for a Severity Level III violation based on the failure of the licensee to have two qualified individuals present when conducting radiographic operations at temporary job sites..
CPORDER
$5,500
11/14/2000
Breitling USA, Inc., CT
EA-98-163
NOVCP
(SL II)

$26,400
07/10/1998 Distribution of H-3 in watches without license.
Bridgeport Hospital, CT
EA-08-269
NOV
(SL III)
 

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.

Bristol Hospital, Inc., CT
EA-11-008
NOV
(SL III)
02/17/2011 On February 17, 2011, the NRC issued a Notice of Violation to Bristol Hospital, Inc. for a Severity Level III violation involving the failure to notify the NRC Operations Center of two medical events, in accordance with 10 CFR 35.3045(c), which requires a report within the next calendar day of discovery. Specifically, on January 12, 2010, Bristol Hospital experienced two medical events involving patients receiving less than the intended prescribed dose during two different permanent prostrate brachytherapy seed implants. The administered doses differed from the prescribed doses by 50 rem to an organ or tissue, and the total doses differed by greater than 20 percent from the prescribed doses. As of March 1, 2010, Bristol Hospital personnel had information available to determine that these medical events had occurred on January 12, 2010, and should have therefore reported the events by March 2, 2010. However, the licensee did not verbally report the events to the NRC until June 2, 1010 following NRC questioning of the circumstances during an inspection.
Bristol-Myers Squibb Radiopharmaceuticals, Inc., PR
EA-02-160
NOV
(SL II)
08/22/2002 On August 22, 2002, a Notice of Violation was issued for a Severity Level II problem involving the failure to control occupational dose (two operators received extremity overexposures) and the failure to perform adequate surveys to evaluate radiation exposure to the extremities.
Brucker Detection Corporation, MA
EA-13-012
NOV
(SL III)
03/29/2013 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.
Brucker Engineering, Ltd., MO
EA-98-326
NOV
(SL III)
07/20/1998 Failure to control licensed material as well as failure to report.
Bryan LGH Medical CEnter dba Bryan LGH Heart Institute, NE
EA-10-066
NOV
(SL III)
08/18/2010 On August 18, 2010, the NRC issued a Notice of Violation to Bryan LGH Medical Center dba Bryan LGH Heart Institute (Bryan Heart), 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. Specifically, as of December 16, 2009, Bryan Heart, a holder of Nebraska State license, provided mobile nuclear medicine services at a temporary job site in the State of Missouri, a non-Agreement State, without filing a reciprocity submittal for calendar year 2009 with the NRC.
Burning Rock Coal Company, WV
EA-00-119
NOV
(SL II)
06/30/2000 On June 30, 2000, a Notice of Violation was issued for a Severity Level II violation involving the deliberate operation of a fixed gauging device (containing 20 millicures of cesium-137 and 300 millicuries of americium-241) without a required specific or general license issued by the NRC.
Buxeda-Dacri, M.D., Roberto, PR
EA-00-141
NOVCP
(SL III)

$2,750
07/14/2000 On July 14, 2000, a Notice of Violation and Proposed Imposition of Civil Penalty of $2,750 was issued for a Severity Level III violation involving the failure to test an eye applicator source, containing approximately 31 millicuries of Strontium-90, for leakage at proper intervals.
Page Last Reviewed/Updated Wednesday, April 16, 2014