United States Nuclear Regulatory Commission - Protecting People and the Environment

Escalated Enforcement Actions Issued to Materials Licensees - E

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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
EGS Associates, Inc.
NJ
EA-06-288
NOV
(SL III)
01/10/2007 On January 10, 2007, a Notice of Violation was issued for a Severity Level III violation involving the failure, on two separate occasions, to provide a minimum of two independent physical controls that form tangible barriers to secure portable gauges from unauthorized removal when not under the control and constant surveillance of the licensee. Specifically, on September 21, 2006, a portable nuclear gauge was not secured within an unlocked company vehicle; and, a second gauge was not secured within a locked storage shed.
Earth Engineers, Inc., CT
EA-10-062
NOV
(SL III)
06/28/2010 On June 28, 2010, the NRC issued a Notice of Violation to Earth Engineers, Inc., d.b.a. Heynen Engineers (EEI) for a Severity Level III problem involving two violations. The first violation involved a failure to comply with the conditions of the NRC Order Revoking License, issued on June 4, 2009. Specifically, the licensee did not pay fees within 30 days or transfer the licensed material to an authorized recipient within 60 days from the date of the Order. The second violation involved a failure to afford the NRC an opportunity to inspect the EEI facility, as required by 10 CFR 19.14(a). Specifically, on October 7, 2009, the licensee did not provide access to the nuclear portable gauge to inspect the condition of the gauge; and, between November 2, 2009 and January 27, 2010, the NRC made several attempts to contact the licensee, but the licensee did not provide access to the EEI facility.
Earth Exploration, Inc.
IN
EA-09-114
ORDER 10/01/2009 On October 1, 2009, the NRC issued an Immediately Effective Confirmatory Order to Earth Exploration, Inc. to confirm commitments made as a result of an Alternative Dispute Resolution (ADR) mediation session held on August 25, 2009. The parties agreed to engage in ADR following NRC's July 21, 2009, letter wherein seven apparent violations were identified based on information developed during an investigation. The violations involved the failure to: (1) perform annual reviews of the radiation protection program; (2) perform leak testing of sealed sources; (3) perform physical inventories every six months of sealed sources; (4) ensure that dosimetry provided to gauge users was processed and evaluated; (5) ensure through the Radiation Safety Officer that required tests and conditions of the NRC license are performed; (6) secure, on multiple occasions, portable gauges using two independent physical barriers; and (7) lock a gauge or gauge case when in storage. The NRC preliminarily determined that the first five violations were due to the deliberate actions of the Radiation Safety Officer. As part of the agreement, Earth Exploration, Inc., acknowledged the technical violations and agreed to take a number of actions including, but not limited to, retaining a qualified consultant to audit the radiation safety program on an annual basis for a period of five years, receiving training on radiation safety program management, and developing a plan to inform other organizations of the lessons learned and the importance of developing the necessary infrastructure and communication paths to identify and resolve competing priorities. In recognition of these and other actions, the NRC agreed to not categorize the violations as deliberate and to not pursue any further enforcement action against Earth Exploration, Inc., for these violations.
Earthline Technolgoies
(previously RMI Earthline Technologies), OH
EA-99-290
CPORDER $17,600
(re-issued 01/15/2001)
01/04/2002 On September 24, 2001, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $17,600 was issued for a Severity Level II violation. The violation was based on the licensee discriminating against a radiation protection technician for engaging in protected activities. A Notice of Violation for a Severity Level III violation was also issued in conjunction with this case (see EA 01-037).
NOVCP
(SL II)

$17,600
09/24/2001
Earthline Technolgoies
(previously RMI Earthline Technologies), OH
EA-01-037
NOV
(SL III)
09/24/2001 On September 24, 2001, a Notice of Violation was issued for a Severity Level III violation involving the failure to secure from unauthorized removal or limit access to licensed material in an unrestricted area and failure to control and maintain constant surveillance of licensed material. A Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $17,600 was also issued in conjunction with this case (see EA 99-290).
Eastern Isotopes, Inc.
EA-02-097
NOVCP
(SL II)

$4,800
07/30/2002 On July 30, 2002, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $4,800 was issued for a Severity Level II violation involving an overexposure to a pharmacist in excess of NRC requirements. Although the civil penalty would have been fully mitigated based on the normal civil penalty assessment process, the NRC exercised enforcement discretion in accordance with Section VII.A.1 of the Enforcement Policy and proposed a base civil penalty because the violation was assessed at Severity Level II and because it resulted in an overexposure.
Eastern Shoshone & Northern Arapaho Tribes, WY
EA-06-040
NOV
(SL III)
07/14/2006 On July 14, 2006, a Notice of Violation was issued for a Severity Level III problem involving failure to conduct operations so that the total effective dose equivalent to individual members of the public would not exceed 0.1 rem in a year. Specifically a member of the public, working in close proximity to the portable gauge storage area, received a calculated dose in excess of 0.1 rem during calendar years 2000 and 2001. In addition, from March 2000 through May 2006, the licensee failed to make or cause to be made surveys of radiation levels in unrestricted and controlled areas to demonstrate compliance with the dose limits for individual members of the public as required. The NRC is exercising enforcement discretion and is refraining from issuing a civil penalty because the licensee has transferred all NRC-licensed material to an authorized recipient, and requested termination of its NRC license.
Eastern Testing & Inspection, Inc. NJ
EA-96-085
ORDER 03/29/1996 Deliberate use of radiographer without proper training, false certification of qualification.
EDP Consultants, Inc., OH
EA-96-010
NOV
(SL III)
03/28/1996 Failure by a gauge technician to secure or maintain constant surveillance of material, and as a result the device was damaged.
El Senoria PSI, PR
EA-01-145
NOVCP
(SL III)

$2,750
09/28/2001 On September 28, 2001, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $2,750 was issued for a Severity Level III violation. The violation was based on the failure to issue film or thermoluminescent dosimeter whole body monitors to all individuals who were occupationally exposed to ionizing photon radiation on a regular basis.
Engineering Consulting Services, Ltd, VA
EA-05-005
NOV
(SL III)
02/01/2005 On February 1, 2005, a Notice of Violation was issued for a Severity Level III violation involving three instances where the licensee failed to secure, control or maintain constant surveillance of portable nuclear gauges containing NRC licensed material, in unrestricted areas at temporary job sites where the gauges were damaged by construction vehicles.
Engineering Surveys and Services, Inc., MO
EA-98-386
NOV
(SL III)
07/24/1998 Failure to control licensed material.
Englewood Hosptial and Medical Center, NJ
EA-06-309
NOV
(SL III)

$3,250
04/30/2007 On April 30, 2007, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,250 was issued for a Severity Level III problem involving the submittal of inaccurate information to the NRC in support of a request to amend the license to add an individual as an Authorized Medical Physicist.
Envirocare of Utah, Inc., UT
EA-99-168
NOV
(SL III)
08/16/1999 Failure to perform adequate surveys to ensure compliance with radiation dose limits to the public.
Envirocare of Utah, Inc., UT
EA-97-303
ORDER 06/25/1997 Violation of 10 CFR 150.10
Environmental Protection Agency, AL
EA-98-545
NOV
(SL III)
01/15/1999 Failure to secure licensed material.
Environmental Protection Agency, Guam
EA-97-122
NOVCP
(SL III)

$2,750
09/11/1997 Failure to secure gas chromatograph moved to storage location.
Enviro-Test Laboratories LLC,WY
EA-04-007
NOV
(SL III)
02/13/2004 On February 13, 2004, a Notice of Violation was issued for a Severity level III problem involving the failure to: (1) receive prior NRC approval of the decommissioning plan before beginning with decommissioning, (2) maintain security and control of licensable quantities of radioactive material (thorium-230), and (3) provide complete and accurate information to the NRC.
Epsilon Products Co., PA
EA-06-026
NOV
(SL III)

$16,250
05/03/2006 On May 3, 2006, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $16,250 was issued for a Severity Level III problem composed of six violations of NRC requirements involving the licensee's failure to conduct operations such that the dose in an unrestriced area from external sources, exceeded regulatory limits. The most significant of these violations involved the radiation exposure of five employees and contractors, who were not radiation workers (and therefore considered members of the public), who received radiation doses in excess of the regulatory limit of 100 millirem in a year, i.e., they received estimated doses ranging from 103 millirem to 197 millirem.
EquiMed, Inc., PA
EA-96-247
NOV
(SL III)
11/07/1996 Failure to follow QM program. Therapeutic misadministration.
ESC, Ltd., VA
EA-02-200
NOV
(SL III)
10/03/2002 On October 3, 2002, a Notice of Violation was issued for a Severity Level III violation involving the licensee's failure to limit access to a portable moisture density gauge (containing 8 millicuries of cesium-137 and 40 millicuries of americium-241) located at a temporary job site (an unrestricted area), and failure to control and maintain constant surveillance of this licensed material.
ESC, Mid-Atlantic, LLC., VA
EA-05-177
NOV
(SL III)
05/22/2006 On May 22, 2006, a Notice of Violation was issued for a Severity Level III violation involving the failure to secure from unauthorized removal or limit access to a portable gauge containing licensed material, while the gauge was in an unrestricted area and not in storage; nor did the licensee control and maintain constant surveillance of this licensed material. While the gauge was unattended, it was run over by a front end loader and destroyed.
ESC, Mid-Atlantic, LLC., VA
EA-05-078
NOV
(SL III)
09/08/2005 On September 8, 2005, a Notice of Violation (NOV) and Proposed Imposition of a Civil Penalty in the amount of $3,250 was issued. The NOV cited two Severity Level III violations, both of which involved the transfer of licensed material in portable gauging devices to an individual not authorized to receive or possess byproduct material. The first violation, EA-05-078, involved the improper sale and transfer of a portable gauging device containing licensed material from the licensee's Richmond facility.
ESC, Mid-Atlantic, LLC.,
EA-05-079
NOVCP
(SL III)

$3,250
09/08/2005 On September 8, 2005, a Notice of Violation (NOV) and Proposed Imposition of a Civil Penalty in the amount of $3,250 was issued. The NOV cited two Severity Level III violations, both of which involved the transfer of licensed material in portable gauging devices to an individual not authorized to receive or possess byproduct material. The second violation, EA-05-079, which resulted in the imposition of a civil penalty, involved the willful transfer of several portable gauges containing licensed material from the licensee's Chantilly facility to the same individual.
Escanaba Paper Company, MI
EA-11-061
NOV
(SL III)
10/17/2011 On October 17, 2011, the NRC issued a Notice of Violation to Escanaba Paper Company for a Severity Level III violation involving the failure to ensure that only persons specifically licensed by the U.S. Nuclear Regulatory Commission (NRC) or an Agreement State perform services involving the dismantling and non-routine maintenance or repair of components related to the radiological safety of the gauge. Specifically, on May 9, 2011, the licensee performed non-routine maintenance on a fixed level gauge by using a rod to change the position of the shutter contrary to NRC License No. 21-17630-01, Condition 17.B. The licensee was not specifically licensed by the NRC or an Agreement State to perform this service.
Evart Products Co., MI
EA-96-254
NOV
(SL III)
09/03/1996 Repetitive losses of PO-210 static eliminator sources.
Page Last Reviewed/Updated Wednesday, February 20, 2013