United States Nuclear Regulatory Commission - Protecting People and the Environment

Escalated Enforcement Actions Issued to Materials Licensees - H

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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
H.C. Nutting Company, OH
EA-96-468
NOV
(SL III)
01/09/1997 License moisture density gauge damaged.
H.C. Nutting Company, OH
EA-02-020
NOV
(SL III)
04/02/2002 On April 2, 2002, a Notice of Violation was issued for a Severity Level III violation involving the failure to secure from unauthorized removal or limit the access to licensed material (13 Troxler Series 3400 moisture density gauges each containing a nominal 10 millicuries of cesium-137 and a nominal 50 millicuries of americium-241) in an unrestricted area, and failure to control or maintain constant surveillance of this licensed material.
H.H. Holmes Testing Laboratories, IL
EA-97-237
NOVCP
(SL III)

$2,500
08/22/1997 Deliberate failure to file NRC Form 241.
H&G; Inspection Company, Inc., TX
EA-97-158
NOV
(SL III)
07/01/1997 Overexposure of radiographer assistant.
H&G; Inspection Company, Inc., TX
EA-06-021
NOV
(SL III)
05/01/2006 On May 1, 2006, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $6,500 was issued for a Severity Level III violation involving a willful failure to block and brace a radiographic exposure device during transport to and from a temporary jobsite. Two additional violations, that were not assessed a civil penalty, were identified. These involved failure to control and maintain constant surveillance of licensed material in an unrestricted area, and failure to have a second qualified individual observe radiographic operations. Because these violations were unrelated, each was separately categorized as Severity Level III.
ORDER
10/24/2006 On October 24, 2006, a Confirmatory Order (effective immediately) was issued to confirm commitments made as part of a settlement agreement. The licensee requested Alternative Dispute Resolution following the NRC's May 1, 2006, Notice of Violation and proposed imposition of a civil penalty in the amount of $6,500. The violation involved the willful failure to block and brace a radiographic exposure device during transport. As part of the agreement, H&G has agreed to implement a comprehensive management review and oversight program, and within one year, to write and submit an article for publication by both the American Society of Non-Destructive Testing (ASNT) and the Non-Destructive Testing Managers Association (NDTMA) addressing the value that the new H&G management oversight program adds to overall safe and effective operations. In recognition of H&G's extensive corrective actions, the NRC agreed to reduce the civil penalty originally proposed to $500.
H&H X-Ray Services, Inc.
EA-02-195
NOV
(SL III)
02/03/2003 On February 3, 2003, a Notice of Violation was issued for a Severity Level III problem involving: (1) the failure to reduce the allowable dose limit for an individual by 1.25 rems for each quarter for which complete records were unavailable, and (2) as a result, the failure to limit the annual occupational dose to an adult radiographer to 5 rems total effective dose equivalent.
Hackley Hospital, MI
EA-07-071
NOV
(SL III)
06/20/2007 On June 20, 2007, a Notice of Violation was issued for a Severity Level III violation involving a failure to develop written procedures to provide high confidence that each administration was in accordance with the written directive. Specifically, the licensee's written procedures for prostate seed implant treatment did not include appropriate steps or guidance to ensure that radioactive sources were positioned in the patient in accordance with the written directive and treatment plan.
Hagerstown Construction Services, Inc., MD
EA-97-193
NOVCP
(SL III)

$2,750
07/01/1997 Failure to file for reciprocity.
Haines & Kibblehouse, Inc., PA
EA-97-556
NOV
(SL III)
12/22/1997 Management breakdown.
Hannibal Testing Laboratories, MO
EA-03-206
NOV
(SL III)
11/28/2003 On November 28, 2003, 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 (nominally 8.0 millicuries of cesium-137 and 40 millicuries of americium-241:beryllium in two moisture density gauges) in unrestricted areas at the licensee's facility, and failure to control and maintain constant surveillance of this licensed material.
Harper Hospital, MI
EA-98-196
NOV
(SL III)
04/10/1998 Theraeutic misadministration. Inadequate medical quality management.
Harsco Corporation, PA
EA-05-121
NOV
(SL III)
08/15/2005 On August 15, 2005, a Notice of Violation (NOV) was issued for a Severity Level III violation involving the licensee's failure to appoint a new Radiation Safety Officer (RSO) when the previous RSO left the company. Three additional violations which were not considered for escalated enforcement, were discussed in the NOV.
Hastings Testing Engineers and Environment, MI
EA-03-175
NOV
(SL III)
03/04/2004 On March 4, 2004, 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 (8 millicuries of cesium-137 and 44 millicuries of americium-241 in each of three portable moisture/density gauges) in a controlled area, and failure to control and maintain constant surveillance of this licensed material. Additionally the licensee failed to lock the gauges, to prevent unauthorized or accidental removal of the sealed source from its shielded position, when not under the direct surveillance of an authorized user.
Harvard University, MA
EA-96-068
NOV
(SL III)
04/17/1996 Failure to maintain control and surveillance of radioactive material stored in several laboratory areas which were unrestricted areas.
Havells USA Inc., GA
EA-12-258
NOV
(SL III)
03/06/2013 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.
Hawaiian Eye Clinic and Surgicenter, HI
EA-00-059
NOV
(SL II)
07/25/2000 On July 25, 2000, a Notice of Violation was issued for a Severity Level II problem involving your 1) failure of quality management program (QMP) to assure that final treatment plans and related calculations were in accordance with written directive; and 2) failure of QMP to identify and evaluate deviations from written directives.
Hawaii, State of, HI
EA-98-237
NOV
(SL III)
07/21/1998 Failure to secure gauges.
Hayes Testing Laboratory, Inc., KY
EA-00-089
NOV
(SL III)
06/09/2000 A Notice of Violation for a Severity Level III violation was issued June 9, 2000. The action was based on the failure to file an NRC Form 241, the failure to file revisions, and the failure to clarify a May 4, 1999 NRC Form 241 to identify new job sites and to include dates for performing radiography that were not previously submitted.
Health & Human Services, Department of, MD
EA-96-027
NOVCP
(SL III)

$2,500
08/23/1996 Security violations. Breakdown in management control of licensed program.
CPORDER 05/20/1997
Health & Human Services, Department of, MD
EA-97-080
NOV
(SL III)
03/20/1997 The action was based on numerous violations which indicated a programmatic breakdown in licensed activities.
Hematite Decommissioning Project - Westinghouse, MO
EA-09-084
NOVCP
(SL III)

$16,250
10/23/2009 On October 23, 2009, the NRC issued a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $16,250 to Westinghouse Electric Company - Hematite Decommissioning Project for a Severity Level III violation involving the failure to implement 10 CFR 70.24 (a) requirements. Specifically, in March 2006, the licensee failed to maintain a criticality accident monitoring system which will energize clearly audible alarm signals when it removed the system from service without prior NRC authorization. In addition, the Notice of Violation included a second Severity Level III violation for which a civil penalty was not proposed, involving the failure to implement 10 CFR 70.9 (a) requirements. Specifically, on March 17, 2006, the licensee provided inaccurate information to the Commission when it informed the NRC that the Process buildings contained less than 250 grams of uranium-235, when in fact, as later determined in November 2008, the Process buildings contained an estimated 2,638 grams of uranium-235. This information was material to the NRC since it was used in part as the basis for granting a license amendment on June 30, 2006, revising the possession limits such that the criticality monitoring system could be disabled.
Henry Ford Macomb Hospital, MI
EA-11-088
NOV
(SL III)
06/24/2011 On June 24, 2011, the NRC issued a Notice of Violation to Henry Ford Macomb 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). Specifically, as of December 9, 2010, the licensee's procedure did not include steps to verify that the transfer tube assembly used at the time of the administration was the same length as the one identified in the treatment plan implementing the written directive. This resulted in four patients receiving radiation doses to areas not included within the planned treatment area.
Hershey Medical Center, PA
EA-07-048
NOV
(SL III)
04/04/2007 On April 4, 2007, a Notice of Violation was issued for a Severity Level III violation involving the failure to secure from unauthorized removal or limit access to radioactive material located in the nuclear medicine department hot lab, which is a controlled area. In addition, the licensee did not control and maintain constant surveillance of this licensed material .
Hershey Medical Center, PA
EA-04-215
ORDER
& NOV
(SL III)
10/14/2005 On October 14, 2005, an immediately effective Confirmatory Order was issued to confirm commitments made as part of a settlement agreement concerning three separate occasions where the licensee's staff were injected with radiopharmaceuticals without the authorization of an Authorized User. The settlement agreement was reached as a result of an Alternative Dispute Resolution session, held at the request of the licensee. As part of the agreement reached, a Notice of Violation at a Severity Level III with no civil penalty was issued on October 14, 2005. In addition, the licensee has expanded its training program addressing NRC regulatory requirements, and the Chief of Nuclear Medicine, the Radiation Safety Officer, and the Chief Technologist will prepare articles for various medical and health physics journals that address, among other topics, the need to establish an environment and culture that promote regulatory compliance through the implementation of controls and procedures.
Hevly Technical Services, Inc,
WA
EA-08-129, EA-08-130
NOVCP
(SL III)

$3,000
05/16/2008 On May 16, 2008, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,000 was issued to Hevly Technical Services, Inc. (HTS) for a deliberate Severity Level III violation of 10 CFR 150.20(b)(3) involving the transfer of a portable moisture density gauge containing radioactive material to a company in the State of Alaska that was not licensed to possess or use the gauge. Specifically, on May 17, 2003, HTS, a General Licensee under 10 CFR 150.20, transferred a portable gauging device containing radioactive material to Alaska Rim Engineering, a company that HTS knew was not specifically licensed by the NRC to receive the material. In addition, a second Severity Level III violation was issued for 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. Specifically on May 17, 2003, HTS, who held specific licenses from the Agreement Sates of Washington and Oregon, used a portable device containing radioactive material in Palmer, Alaska, during training without filing a Form -241 with the NRC.
High Mountain Inspection Service, Inc
WY
EA-05-064
NOVCP
(SL III)

$6,000
07/22/2005 On July 22, 2005, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $6,000 was issued for a Severity Level III problem consisting of two violations which occurred when the licensee performed radiography at a temporary job site. Specifically, the radiographer was not accompanied by at least one other qualified radiographer or individual who had at a minimum met the requirements of 10 CFR 34.43(c) in order to be a radiographer's assistant; and, in addition, the licensee did not provide the second individual with the radiation monitoring equipment required by 10 CFR 34.47(a). An additional violation of NRC requirements was dispositioned as a Severity Level IV violation.
High Mountain Inspection Service, Inc
WY
EA-03-229
EA-04-062
NOVCP
(SL III)

$6,000
04/27/2004 On April 27, 2004, a Notice of Violation and Proposed Imposition of Civil Penalties in the amount of $12,000 was issued for two Severity Level III problems involving the failure to maintain adequate security of a radiographic exposure device (assessed $6,000) and the failure to give a written exam before using a newly hired individual as a radiographers' assistant (assessed $6,000).
NOVCP
(SL III)

$6,000
04/27/2004
High Mountain Inspection Service, Inc
WY
EA-01-302
NOVCP
(SL III)

$6,000
05/07/2002 On May 7, 2002, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $6,000 was issued for a Severity Level III problem involving multiple failures to ensure that radiography activities were conducted in a manner that kept radiation exposures within NRC's limits.
CPORDER
$6,000
09/30/2002
Hirata & Associates
Hawaii
EA-06-300
NOV
(SL III)
06/05/2007 On June 5, 2007, a Notice of Violation was issued for a Severity Level III violation involving the failure to use a minimum of two independent physical controls that formed tangible barriers to secure portable gauges from unauthorized removal when the gauges were not under the control and constant surveillance of licensee personnel.
HNU Systems Incorporated, MA
EA-96-234
ORDER 08/22/1996 Seven violations of NRC requirements.
Holy Redeemer Hospital and Medical Center, PA
EA-99-246
NOVCP
(SL III)
11/03/1999 Violation involving misadministration by failure to properly implement the Quality Management Program (QMP) by the licensee in that no written directive was prepared prior to the administration of iodine-131.
Honolulu Medical Group, HI
EA-95-006
NOV
(SL III)
01/23/1997 Discrimination.
Hospital Andres Grillasca, Inc., PR
EA-06-125
NOV
(SL III)
07/21/2006 On July 21, 2006, a Notice of Violation was issued for a Severity Level III violation involving the failure to implement written procedures to provide high confidence that each patient treatment is in accordance with the treatment plan and written directive, and that both manual and computer generated dose calculations are verified. As a result of the failure to verify that an HDR treatment was administered in accordance with the written directive, a dose was calculated and delivered to a depth of one centimeter rather than the prescribed two centimeter depth, resulting in an underdose of 57%.
Hospital Metroplitano , PR
EA-97-513
NOV
(SL III)
12/23/1997 Failure to return and count cesium-137 brachytherapy sources tostorage after use.
Hospital San Pablo, PR
EA-97-498
NOV
(SL III)
12/23/1997 Calibration sources were inappropriately released and were incinerated; licensee failed to surveyradioactive waste.
Howard University, DC
EA-03-088
NOVCP
(SL III)

$3,000
06/27/2003 On June 27, 2003, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,000 was issued for a Severity Level III violation involving the failure to perform adequate area surveys within the licensee's facility that resulted in a substantial potential for exposures in excess of the regulatory limits.
Howard University, DC
EA-02-102
NOVCP
(SL III)

$3,000
06/21/2002 On June 21, 2002, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,000 was issued for a Severity Level III problem involving the failure to secure from unauthorized removal or limit access to licensed material (2.6 millicuries of iridium-192) contained in a brachytherapy ribbon and the failure to control and maintain constant surveillance of this licensed material and the failure to perform a survey for radioactive material. Although the civil penalty would have been fully mitigated based on the normal civil penalty assessment process, a base civil penalty was assessed in accordance with Section VII.A.1.g of the Enforcement Policy to reflect the significance of maintaining the control of licensed material.
Howard University, DC
EA-99-211
NOV
(SL III)
09/17/1999 Violations involving (1) failure to control and maintain constant surveillance of licensed radioactive material on two occasions; (2) failure to provide required radiological safety training to certain members of your shipping and receiving and mail room staff; and (3) failure to make immediate notifications to the NRC once the material was determined to be lost on one of the occasions.
HTTP, Inc., PA
EA-97-226
NOVCP
(SL III)

$5,500
06/18/1997 Failure to decommission following expiration of license.
Humboldt Scientific, Inc., NC
EA-11-138
NOV
(SL III)
03/08/2012 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.
Huntington Testing & Technology, Inc., WV
EA-08-303
NOV
(SL III)
01/22/2009 On January 22, 2009, a Notice of Violation was issued for a Severity Level III problem. The violations involved the failure to comply with license condition and to provide event notification as required, in a timely manner. Specifically, on August 20, 2008, the licensee had an event where a radiography camera was disabled and failed to function as designed. The lead radiographer and the field Radiation Safety Officer, who were not trained or authorized by the NRC license, conducted source retrieval activities and shielded-down a source. In addition, the licensee did not notify the NRC until September 3, 2008, two weeks after this event.
Hurt & Proffitt, Inc., VA
EA-97-209
NOV
(SL III)
06/24/1997 Repetitive failure to perform leak tests.
Page Last Reviewed/Updated Wednesday, April 03, 2013