United States Nuclear Regulatory Commission - Protecting People and the Environment

2015 Materials Actions

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JOMA Shop, LLC (EA-15-196)

On December 21, 2015, the NRC issued a Notice of Violation to JOMA Shop (JOMA) for a Severity Level III problem for two related violations. The violations involved a transfer of watches containing byproduct material 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, beginning on or around May 2013, JOMA initially transferred 7617 tritium watches to unlicensed persons without obtaining a specific license authorizing such transfers and prior to April 2012, JOMA imported these watches without having a possession license issued by the State of New York, or without first obtaining a specific import license from NRC.

ECS Mid-Atlantic, LLC (EA-15-148)

On December 14, 2015, the NRC issued a Notice of Violation to ECS Mid-Atlantic, LLC, for a Severity Level III violation. The violation involved a failure to control and maintain constant surveillance or failure to use two independent physical controls that form tangible barriers to secure a portable gauge from unauthorized removal as required by 10 CFR 20.1802 and 30.34(i). Specifically, on June 8, 2015, a portable gauze was left unattended and uncontrolled at a jobsite at the U.S. Naval Academy and it was not secured with any physical controls that form tangible barriers to secure it from unauthorized removal.

CampCo, Inc. (EA-14-080)

On December 10, 2015, the NRC issued a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $28,000 to CampCo, Inc. for four Severity Level III violations, including the following: (1) willful failures to implement 10 CFR requirements in Part 30.3 with 30.15 (requirements for a license to distribute the byproduct material); (2) willful failures to implement 10 CFR requirements in Part 32.16 (requirements to file annual reports with the NRC); (3) failure to comply with Part 32.16 (a) and (b) (information required for filing); and (4) failure to comply with an existing license requirement to provide certificates demonstrating that the devices are manufactured according to established standards and with no more than authorized quantities of byproduct material.  Specifically, the violations resulted as follows: (1) between 2005 and March 2013 CampCo, Inc., initially transferred for sale or distribution timepieces containing tritium (Hydrogen-3) sealed sources to persons exempt from regulations and did so without first obtaining a license or amendment to their existing license; (2) CampCo failed to file annual reports detailing transfers of byproduct material made in 2010, 2011, 2012, 2013, and 2014; (3) CampCo failed to include all the required information in its annual reports that were filed at the request of NRC for transfers during the years identified in Item 2 above; and (4) CampCo failed to ensure that each lot of timepieces containing tritium that were received were accompanied by the required certificate for Equipe and Reactor watches between 2011 and 2013 and additional watches prior to that time period.

CTI and Associates, Inc. (EA-15-157)

On November 23, 2015, the NRC issued a Notice of Violation to CTI and Associates, Inc., for a Severity Level III violation of both 10 CFR 20.1801 and 10 CFR 30.34(i). The violation involved the failure to secure licensed material in a portable gauge from unauthorized removal or access, with a minimum of two independent physical controls that form tangible barriers, while the gauge was stored in a controlled or unrestricted area and not under the control and constant surveillance of the licensee. Specifically, the licensee left an unattended gauge inside an unlocked shipping container that was accessible to the public.

Testing Engineers & Consultants, Inc. (EA-15-141)

On October 23, 2015, the NRC issued a Notice of Violation to Testing Engineers & Consultants Inc., for a Severity Level III violation. The violation involved the failure to use a minimum of two independent physical controls that form tangible barriers to secure portable gauges from unauthorized removal when the portable gauges were not under the control and constant surveillance of the licensee as required by 10 CFR 30.34(i). Specifically, from 2011 until June 19, 2015, during off-duty hours, non-licensee building tenants had access to the storage room’s locked door which resulted in a single physical barrier securing the gauges from unauthorized removal.

Cal Testing Services, Inc. (EA-15-117)

On October 9, 2015, the NRC issued a Notice of Violation to Cal Testing Services, Inc., for a Severity Level III violation involving the failure to ensure each individual who acts as a radiographer or a radiographer's assistant wears a direct reading dosimeter, an operating alarm rate meter, and a personnel dosimeter at all times during radiographic operations as required by 10 CFR 34.47(a). Specifically, on March 20, 2015, a radiographer’s assistant wore an inoperable alarm ratemeter while performing radiographic operations.

McLaren Medical Center Bay Region (EA-15-111)

On August 27, 2015, the NRC issued a Notice of Violation to McLaren Medical Center Bay Region 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 February 6, 2015, the licensee failed to include specific steps in its procedure for verifying the catheter position in order to ensure the administration was in accordance with the written directive. As a result, a medical event occurred as the patient received an unintended dose of approximately 2.6 Gray (260 rad) to the skin of the right thigh.

Howard University Hospital (EA-15-053)

On August 25, 2015, the NRC issued a Notice of Violation to Howard University Hospital (HUH) for a Severity Level III problem for two related violations. The violations involved: 1) the failure to control and maintain constant surveillance of licensed material that is in an unrestricted area and not in storage as required by 10 CFR 20.1802, and 2) the failure to secure licensed materials that are stored in controlled or unrestricted areas from unauthorized removal or access as required by 10 CFR 20.1801. Specifically, on August 31, 2013, a package containing iridium-192 source was delivered to the hallway outside the HUH Central Supply Department room, a controlled or unrestricted area, and the licensee did not control or maintain constant surveillance of the source for approximately 4.5 hours. In addition, between August 31, 2013, and September 3, 2013, the package was stored in a locked room and unauthorized HUH staff had access to the room.

Howard University (EA-15-078)

On August 25, 2015, the NRC issued a Notice of Violation to Howard University (HU) for a Severity Level III violation. The violation involved a failure to notify the NRC within 24 hours after the discovery of an unplanned contamination event in accordance with 10 CFR 30.50(b). Specifically, in February/March 2008, HU discovered that a storage room had been contaminated with material from a vial containing millicurie quantities of cesium-137 and prohibited entry into the room for several months until decontamination was complete. However; from February/March 2008 until May 7, 2015, HU did not notify the NRC within 24 hours as required, after the discovery of the contamination event.

Bradley D. Bastow, D.O. (EA-14-116)

On August 4, 2015, the NRC issued an Order Imposing Civil Monetary Penalty in the amount of $7,000 to a medical licensee, Bradley D. Bastow, D.O. (licensee). On November 6, 2014, the NRC issued a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $7,000 to the licensee for a Severity Level III Problem involving failure to meet the terms of a Confirmatory Order (ML13241A320) issued on September 3, 2013, as part of an alternative dispute resolution mediation settlement agreement to resolve issues discovered during an inspection and an investigation conducted by the NRC Office of Investigations. In April 2014, the NRC performed a follow-up inspection and determined that the licensee either did not meet the terms of the Confirmatory Order or did not meet them in the time specified by the Order. Of particular concern was the failure to restore compliance to one of the initial violations that formed the basis of the Confirmatory Order (i.e., – providing a calibrated and operable well counter or submitting a license amendment request for alternate instrumentation). Not having this instrumentation has a direct health and safety impact on the licensee’s staff and patients in that, without the instrumentation, the licensee staff are not able to provide accurate contamination readings.

Monongalia General Hospital (EA-15-062)

On July 14, 2015, the NRC issued a Notice of Violation to Monongalia General Hospital (MGH) for a Severity Level III violation. The violation involved the failure to have two written directives dated and signed by an authorized user before the administration of I-131 sodium iodide as required by 10 CFR 35.40(a). Specifically, on February 8, 2013, and on February 26, 2013, MGH administered I-131 sodium iodide and the two individuals that signed and dated the written directives were not listed as authorized users on its NRC license.

MISTRAS Group, Inc. (EA-14-225)

On June 30, 2015, the NRC issued a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $7,000 to MISTRAS Group, Inc. (Mistras), for a Severity Level III problem for two related violations. The violations involved a failure to obtain an export license as required by 10 CFR 110.5 and a failure to submit an advance notification of shipment to the NRC and the Canadian Government as required by 10 CFR 110.50(c). Specifically on or about July 24, 2014, Mistras exported two iridium-192 sealed sources to Canada, without obtaining a required specific export license and did not provide the required export notifications to the NRC and the Canadian government in advance of the export of sources to Canada.

La Crosse BWR ISFSI (EA-15-026)

On June 22, 2015, the NRC issued a Notice of Violation to Dairyland Cooperative for a Severity Level III Problem involving two violations identified as a result of an inspection at its La Crosse Boiling Water Reactor (LACBWR) independent spent fuel storage installation (ISFSI). The first violation involved the failure to submit a license amendment to the NRC for changes to the LACBWR Emergency Plan that reduced its effectiveness prior to implementing the changes as required by 10 CFR 50.54(q)(4). Specifically, on October 29, 2012, the licensee implemented changes that reduced the effectiveness of the LACBWR Emergency Plan and failed to submit a license amendment application to the NRC prior to implementing the changes. The second violation involved several examples where the licensee failed to maintain the effectiveness of its Emergency Plan as required by 10 CFR 50.54(q)(2). Specifically, on several occasions between September 20, 2012, and September 8, 2014, the licensee failed to follow approved Emergency Plan normal and night shift staffing requirements. In addition, from June 20, 2011, through December 31, 2013, the licensee failed to follow its approved Emergency Plan for conducting exercises and drills. Specifically, the licensee failed to perform an annual plant emergency exercise from 2011 through 2013; and failed to perform certain plant and ISFSI annual drills between 2011 and 2013, including fire drills in 2011 and 2012, a medical drill in 2013, and a health physics drill in 2012.

LKS Inspection Services, LLC (EA-15-034)

On June 8, 2015, the NRC Issued a Notice of Violation to LKS Inspection Services, LLC, for a Severity Level III problem that involved the following failures: (1) 10 CFR 34.47(a) requiring individuals acting as radiographers to wear a direct reading dosimeter, operating alarm ratemeter, and a personal dosimeter at all times and (2) 10 CFR 34.47(a) requiring in part that pocket dosimeters must be recharged at the start of each shift. Specifically, on January 27, 2015, an LKS Inspection Services radiographer failed to wear an alarming ratemeter during radiographic operations and two radiographers failed to recharge their pocket dosimeters at the start of the shift.

Blevins Asphalt Construction Co., Inc. (EA-15-073)

On May 29, 2015, the NRC issued a Notice of Violation to Blevins Asphalt Construction Co., Inc., for a Severity Level III violation. The violation involved the failure to maintain control and constant surveillance or use a minimum of two independent physical controls to secure a portable gauge from unauthorized removal as required by 10 CFR 20.1802 and 10 CFR 30.34(i). Specifically, on July 30, 2014, an authorized user failed to maintain control and constant surveillance over a gauge containing licensed material and that gauge was driven over by the individual's vehicle.

Siemens Medical Solutions USA, Inc. (EA-15-008)

On April 10, 2015, the NRC issued a Notice of Violation to Siemens Medical Solutions USA, Inc. (Siemens) 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. Specifically, between September 6, 2011, and August 8, 2014, Siemens, a licensee of the State of North Carolina, used byproduct material within NRC jurisdiction on numerous occasions without filing the required documentation with the NRC.

Schultz Surveying & Engineering, Inc. (EA-14-238)

On March 31, 2015, the NRC issued a Notice of Violation to Schultz Surveying & Engineering, Inc., for a Severity Level III violation involving the failure to confine possession and use of byproduct materials to the locations and purposes authorized by the license as required by 10 CFR 30.34(c). Specifically, between January 31, 2013, and December 16, 2014, the licensee possessed and stored byproduct material at facilities located in Lake Ozark and Branson, Missouri. These locations were not authorized by the license.

ATC Group Services, Inc. (EA-13-251)

On March 27, 2015, the NRC issued an Order Imposing Civil Monetary Penalty to ATC Group Services, Inc. Following the NRC's November 19, 2014, Notice of Violation and Proposed Imposition of a Civil Penalty in the amount of $3,500, the licensee requested that the violation be deemed a Severity Level IV violation. The Notice of Violation was issued for the failure to control and maintain constant surveillance of licensed material that was in an unrestricted area and that was not in storage. Specifically, a company employee left the gauge locked in the back of an open-bed truck in a store parking lot in Indianapolis, Indiana, with the truck door unlocked and the keys in the ignition. After carefully considering the information provided by the licensee in its written response, the NRC concluded that an adequate basis did not exist for either a reduction of the severity level or mitigation of the civil penalty and imposed the $3,500 civil penalty by Order.

Beaumont Health System (EA-14-236)

On March 9, 2015, the NRC issued a Notice of Violation to Beaumont Health System for a Severity Level III violation involving the failure to develop, implement, and maintain written procedures to provide high confidence that each administration was in accordance with the written directive as required by 10 CFR 35.41(a). In accordance with 10 CFR 35.41(b)(2), the procedures required by 10 CFR 35.41(a) must address verifying that the administration is in accordance with the treatment plan, if applicable, and the written directive. Specifically, on October 30, 2014, the licensee administered yttrium-90 to the posterior portion of the right lobe of a patient’s liver, and the licensee’s procedures did not require verification that the dose was in accordance with the applicable treatment plan and written directive. As a result, a medical event occurred as the patient received a dose that was 20.8 percent more than the prescribed dose.

High Mountain Inspection Services, Inc. (EA-14-182)

On February 11, 2015, the NRC issued a Notice of Violation to High Mountain Inspection Services, Inc. for a Severity Level III violation involving the failure to comply with 10 CFR 34.49(b) which requires a licensee to conduct a radiation survey of a radiographic exposure device and the guide tube after each radiographic exposure when approaching the device or guide tube. Specifically, on October 7, 2014, the radiographer's assistant approached the radiography exposure device and guide tube without a survey instrument after completing a radiographic exposure of a pipe weld at a temporary job site located near Wright, Wyoming. There was no unnecessary radiation exposure or overexposure to workers as a result of this violation.

Patriot Engineering and Environmental (EA-14-162)

On February 4, 2015, the NRC issued a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,500 to Patriot Engineering and Environmental for a Severity Level III violation. Specifically, on September 4, 2014, the licensee failed to maintain control and constant surveillance or use a minimum of two independent physical controls to secure a portable gauge from unauthorized removal as required by 10 CFR 20.1802 and 30.34(i). An authorized user failed to maintain control and constant surveillance over a gauge containing licensed material and that gauge was driven over by construction equipment.

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Page Last Reviewed/Updated Tuesday, September 05, 2017