United States Nuclear Regulatory Commission - Protecting People and the Environment

Escalated Enforcement Actions Issued to Materials Licensees - U

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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
Unified Testing Services, Inc., AL
EA-98-222
NOV
(SL III)
06/16/1998 Failure to control of licensed material.
Union Camp Corporation, VA
EA-97-575
NOV
(SL III)
02/05/1998 Removal of fixed gauge without authorization.
Union City Diagnostic Center, NJ
EA-03-170
NOV
(SL III)
01/13/2004 On January 13, 2004, a Notice of Violation was issued for a Severity Level III problem involving: (1) the receipt, possession and use of byproduct material without the supervision of an Authorized User (AU) or a Radiation Safety Officer, and (2) the creation of false records indicating that the AU had ordered licensed material during that period, when in fact, the AU was no longer employed at the facility.
Union Electric Company, MO
EA-97-480
NOV
(SL III)
10/28/1997 Removal of fixed gauge without authorization.
United Evaluation Services, NJ
EA-02-103
ORDER 05/14/2002 On May 14, 2002, the NRC issued an immediately effective Order Suspending License and Demand for Information to the licensee, formerly known as Accurate Technologies. The action was based on the licensee's deliberate violations of NRC safety requirements involving radiography, as well as its deliberate provision of inaccurate information to the NRC
United Hospital
EA-02-060
NOV
(SL III)
07/11/2002 On July 11, 2002, a Notice of Violation was issued for a Severity Level III violation involving the willful failure of a nuclear medicine technologist to obtain authorization from a physician prior to administering technetium-99m to a patient.
United Nuclear Corporation, NM
EA-93-170
NOVCP
(SL III)

$100,000
02/13/1997 The action involved the failure to comply with an NRC order to set aside certain funds for decommissioning funding and providing incomplete and inaccurate information regarding the handling of those funds and the ownership of an account.
United States Air Force
Wright Patterson Medical Center
Dayton, OH
EA-12-031
NOV
(SL III)
06/29/2012 On June 29, 2012, the NRC issued a Notice Violation and Proposed Imposition of a Civil Penalty in the amount of $8,500 to the United States Air Force (USAF) for a Severity Level (SL) III problem. The SL III problem involved two violations: 1) the USAF’s failure to conduct a semiannual physical inventory of all sealed sources in their possession, as required by 10 CFR 35.67(g); and 2) the USAF’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, between November 2, 2004 and September 30, 2011, the USAF did not include a sealed source, which was believed to be in storage, in its semiannual physical inventory. The USAF believed the source was located in the low-level radioactive waste storage room, which is a controlled area; however, sometime between November 2, 2004, when the last physical inventory occurred, and September 30th 2011, the source was lost.
U.S. Department of Agriculture, MD
EA-05-004
NOV
(SL III)
01/28/2005 On January 28, 2005, a Notice of Violation was issued for a Severity Level III violation involving the failure, on three separate occasions, to secure, control or maintain constant surveillance of portable nuclear gauges containing NRC licensed material in unrestricted areas.
U.S. Department of Veterans Affairs, DC
EA-09-038
NOVCP
(SL II & SL III)

$227,500
03/17/2010 On March 17, 2010, the NRC issued a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $227,500 to the U.S. Department of Veterans Affairs for violations related to activities at the Philadelphia Veterans Affairs Medical Center (PVAMC). The following areas of violation were identified: (1) Severity Level II violations of 10 CFR 35.41(a)(2) for failure to develop, implement, and maintain written procedures to provide high confidence that each administration is in accordance with the written directive, resulting in a total of 74 prostate brachytherapy treatments where the administered radiation dose was not in accordance with the written directive; (2) a Severity Level II violation of 10 CFR 35.41(b)(2) for failure to have procedures that addressed verifying that the administration was in accordance with the applicable treatment plan and written directive , resulting the licensee administering at least 16 prostate brachytherapy treatments without performing post-treatment verifications until a prolonged period of time had passed; (3) a separate Severity Level III violation of 10 CFR 35.41(b)(2) related to the the licensee's failure to identify that the treatment plan for a brachytherapy treatment differed from the written directive, resulting in the wrong seeds being ordered and administered; (4) a Severity Level III problem involving violations of 10 CFR 35.27(a)(1) and 19.12(a)(4) for failing to instruct individuals about procedures, 10 CFR Part 35 and licensing requirements, and prompt reporting of conditions that resulted in to two medical physicists not being instructed in the requirements for identifying and reporting medical events (10 CFR 35.2 and 35.3045) and an authorized user physician not being instructed of his responsibility to report to the licensee any condition that may lead to or cause a violation; (5) a Severity Level III violation of 10 CFR 35.3045(c) for failure to report to the NRC Operations Center no later than the next calendar day when they had information that medical events occurred; and (6) two Severity Level IV violations.
U.S. Engineering Labs, Inc., NJ
EA-07-035
NOVCP
(SL III)

$9,750
05/22/2007 On May 22, 2007, a Notice of Violation (NOV) and Proposed Imposition of Civil Penalty in the amount of $9,750 was issued for a Severity Level III violation involving the failure to secure licensed material from unauthorized removal resulting in the loss of a portable nuclear density gauge. The gauge was missing for approximately 5-months before it was found in the public domain in Philadelphia, Pennsylvania. A second NOV involved the failure to immediately report the loss of the licensed material to the NRC.
U.S. Engineering Labs, Inc., NJ
EA-05-152
NOV
(SL III)
12/02/2005 On December 2, 2005, a Notice of Violation was issued for a Severity Level III violation involving the failure to maintain direct and constant surveillance of a portable gauge containing licensed material at a temporary job site, and to properly store a portable nuclear gauge at a different temporary job site.
U.S. Engineering Labs, Inc., NJ
EA-96-245
NOV
(SL III)
08/05/1996 Failure to maintain control of licensed material.
U.S. Inspection Services, OH
EA-03-204
NOVCP
(SL II)

$19,200
06/16/2004 On June 15, 2004, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $19,200 was issued for a Severity Level II problem involving multiple violations related to an overexposure of radiographer, including issues such as failure to survey, failure to calibrate and inspect equipment, and failure to follow procedures. Although normal application of the civil penalty assessment process would have resulted in a base penalty, the NRC exercised discretion and proposed twice the base penalty because of the licensee's particularly poor performance.
ORDERCP
$19,200
09/1/2004
Universal Engineering Sciences, Inc., FL
EA-10-138
NOV
(SL III)
08/27/2010 On August 27, 2010, the NRC issued a Notice of Violation to Universal Engineering Sciences, Inc. (UES), 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, UES used portable gauges containing sealed sources, at numerous areas of exclusive federal jurisdiction within the States of Florida and Georgia, without obtaining a specific license issued by the NRC or filing NRC Form-241 with the NRC, as required.
Universal Imaging, Inc., MI
EA-96-157
NOV
(SL III)
08/02/1996 Breakdown in control of licensed program involving I-131 misadministration.
Universal Product Concepts, Inc., CA
EA-11-222
NOVCP
(SL III)

$7,000
01/09/2012 On January 9, 2012, the NRC issued a Notice of Violation and Proposed Imposition of a Civil Penalty in the amount of $7,000.00, to Universal Product Concepts, Inc. (UPC) for a Severity Level III problem.  The violations involved a willful transfer of smoke detectors containing byproduct material (americium-241) without the NRC license as required by 10 CFR 30.3(a) and an import of material into United States without having the required license for possession of the material as required by 10 CFR 110.5.  Specifically, from May to July 2010, UPC imported and transferred approximately 19,423 smoke detectors containing byproduct material without the required NRC licenses authorizing such imports and transfers. 
Universal Testing, LLC, UT
EA-06-259
NOV
(SL III)
02/23/2007 On February 23,2007, 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 the failure to secure from unauthorized removal or access licensed material that was stored in an unrestricted area. Specifically, while transporting a radiography exposure device, a radiographer stopped for about 90 minutes leaving the device unattended and unsecured in the open bed of a pickup truck. Later that evening, the radiographer was involved in a traffic accident, resulting in his arrest and the impoundment of the pickup truck (with the unsecured radiography source in the bed of the truck) by the Wyoming State Police. The radiographer informed the police that the radioactive source was in the bed of the truck and requested that the truck be locked inside a garage at the impound yard.
Universal Testing, LLC, UT
EA-06-259
ORDER 11/06/2007 On November 06, 2007, a Confirmatory Order (effective immediately) was issued to confirm commitments made as a result of an Alternative Dispute Resolution (ADR) settlement agreement. The licensee requested ADR following the NRC's February 23, 2007, Notice of Violation and Proposed civil penalty of $6,500 for a willful violation involving the licensee's failure to secure from unauthorized removal or access licensed material that was stored in an unrestricted area. As part of the agreement, Universal Testing has agreed to implement a comprehensive management review and oversight program. In addition, Universal Testing has agreed to write and submit an article for publication by the Non-Destructive Testing Managers Association (NDTMA) addressing the value that the new Universal Testing management oversight program adds to overall safe and effective operations. In recognition of Universal Testing's extensive corrective actions, the NRC agreed to reduce the civil penalty originally proposed to $500.
University of Medicine and Dentistry of New Jersey, NJ
EA-01-186
NOVCP
(SL III)

$ 3,000
09/25/2001 On September 25, 2001, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,000 was issued for a Severity Level III problem. The problem included two violations involving the failure to control and maintain constant surveillance of material in controlled or unrestricted areas and the failure to make surveys (i.e., evaluations of the radiological conditions and potential hazards incident to the use, transfer, release, disposal, or presence or radioactive material or other sources or radiation).
University of Medicine and Dentistry of New Jersey, NJ
EA-98-536
NOV
(SL III)
12/29/1998 Failure to secure licensed materials in an unrestricted area.
University of Pittsburgh, PA
EA-06-266
EA-06-278
NOV
(SLIII) &
ORDER
07/23/2007 On July 23, 2007, a Notice of Violation and Confirmatory Order (Effective Immediately) were issued to the licensee, for a Severity Level III violation. As a result of an Alternative Dispute Resolution (ADR) mediation session conducted at the licensee's request, the NRC agreed to final disposition of this matter by citing a single violation of the requirements in 10 CFR 35.24(b). Specifically, the licensee through the Radiation Safety Officer (a) failed to ensure that the physical presence requirements of 10 CFR 35.615(f)(3) from May 13, 2004, to March 10, 2005; and (b) failed to ensure that written directives were consistently signed by all three members of a Gamma Knife team prior to administration of gamma stereotactic radiosurgery treatments in accordance with 10 CFR 35.32 between 1998 and 2000. The NRC concluded that certain aspects of the 10 CFR 35.24(b) violation were willful. The licensee disputed this conclusion. The NRC and the licensee have agreed to disagree regarding any willful aspects of this violation. In light of the actions that the licensee has taken, or has committed to take, as described in the Confirmatory Order, as well as the fact that the violation did not result in any known safety consequences to patients, workers, or the public, the NRC agreed to issue a Notice of Violation without a civil penalty.
University of Puerto Rico, PR
EA-02-227
NOVCP
(SL III)

$9,000
02/07/2003 On February 7, 2003, a Notice of Violation and Proposed Imposition of Civil Penalties in the amount of $9,000 was issued for three willful Severity Level III violations involving: (1) the failure to perform daily radiation surveys of areas where radiopharmaceuticals are routinely administered to patients; (2) the failure of the radiation Safety Officer (RSO) to calibrate contamination survey instruments annually in accordance with requirements; and (3) the failure to notify the RSO immediately after unexpectedly high radiation levels were found in accordance with requirements.
University of Sciences, PA
EA-04-219
NOV
(SL III)
12/21/2004 On December 21, 2004, Notice of Violation was issued for a Severity Level III violation involving the failure to control and maintain constant surveillance of licensed material in three laboratories (384 microcuries of hydrogen, 41 microcuries of carbon-14, and 190 microcuries of iodine-125; 0.1 microcuries of hydrogen-3, 1.9 microcuries of carbon-14, and 0.3 microcuries of iodine-125; and 979 microcuries of hydrogen-3 and 176 microcuries of carbon-14) that was in an unrestricted area that was not in storage.
University of Virginia, VA
EA-04-149
NOV
(SL III)
10/05/2004 On October 5, 2004, a Notice of Violation was issued for a Severity Level III problem involving the failure to secure licensed material (iridium-192 seeds contained in a nylon ribbon) and the failure to perform an adequate survey of the patient and the patient's room.
University of Wisconsin-Madison , WI
EA-01-282
NOVCP
(SL III)

$ 3,000
12/21/2001 On December 21, 2001, a Notice of Violation and Imposition of Civil Penalty in the amount of $3,000 was issued for a Severity Level III violation involving the failure to secure from unauthorized removal or limit access to byproduct material (Americium-241) contained in six sealed sources and the failure to control and maintain constant surveillance of this licensed 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.
Page Last Reviewed/Updated Wednesday, February 20, 2013