United States Nuclear Regulatory Commission - Protecting People and the Environment

2016 Materials Actions

This page includes links to files in non-HTML format. See Plugins, Viewers, and Other Tools for more information.

Romeo RIM, EA-16-179

On December 15, 2016, the NRC issued a Notice of Violation to Romeo RIM for a Severity Level III Problem involving four violations. The first violation involved the failure to transfer or dispose of a device containing byproduct material by transfer to another general licensee as authorized in 10 CFR 31.5(c)(9), or to a person authorized to receive the device by a specific license as required by 10 CFR 31.5(c)(8)(i). Specifically, on May 24, 2016, the licensee transferred a generally licensed fixed gauge to two companies, and neither company was authorized to receive the gauge. The second violation involved the failure to assure that the generally licensed device is tested for leakage of radioactive material and proper operation of the on-off mechanism at no longer than six month intervals or at such other intervals as are specified in the label as required by 10 CFR 31.5(c)(2). Specifically, between June 1998, and July 8, 2016, the licensee failed to test the gauge for leakage and proper operation of the on-off mechanism, which is longer than the 36 month frequency specified in the label. The third violation involved the failure to appoint an individual responsible for having knowledge of the appropriate regulations and requirements and the authority for taking required actions to comply with appropriate regulations and requirements as required by 10 CFR 31.5(c)(12). Specifically, the last known responsible individual retired in 1991, and the licensee did not appoint another such individual until June 23, 2016. The effective date of this requirement was February 16, 2001. The fourth violation involved the failure to register the gauge as required by 10 CFR 31.5(c)(13)(i).

EMSI Engineering, Inc., EA-16-138

On December 15, 2016, the NRC issued a Notice of Violation and Proposed Imposition of a Civil Penalty in the amount of $14,000 to EMSI Engineering, Inc. (EMSI), 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 April 9, 2009, and November 18, 2015, EMSI, a licensee of the Commonwealth of Virginia, used byproduct material within NRC jurisdiction on numerous occasions without filing the required documentation with the NRC.

Lehigh Cement Company, LLC, EA-16-153

On December 7, 2016, the NRC issued a Notice of Violation to Lehigh Cement Company, LLC, for a Severity Level III violation. The violation involved the failure to have the individual specifically named on the NRC license fulfill the duties of the Radiation Safety Officer as required by License Condition No. 11. Specifically, the Radiation Safety Officer left the company on November 13, 2014, and the licensee did not submit an amendment request to the NRC until March 7, 2016.

Hartford Quality Assurance, EA-16-172

On December 2, 2016, the NRC issued a Notice of Violation to Hartford Quality Assurance for a Severity Level III violation involving the failure to ensure each individual who acts as a radiographer or a radiographer's assistant wear 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 June 17, 2016, an assistant radiographer failed to wear a direct reading dosimeter, an operating alarm ratemeter, and a personnel dosimeter at all times during radiographic operations.

International Cyclotron, Inc., EA-16-055

On November 17, 2016, the NRC issued an Order Imposing Civil Monetary Penalty (Order) to International Cyclotron, Inc. (International Cyclotron), in the amount of $14,000. The Order was necessary because the International Cyclotron had not responded to an August 30, 2016, Notice of Violation and Proposed Imposition of a Civil Penalty in the amount of $14,000 for a Severity Level III violation involving the licensee's failure to begin and complete decommissioning of its site in accordance with 10 CFR 30.36. As of date of the Order, International Cyclotron had not paid the proposed civil penalty of $14,000, and no actions have been taken towards site decommissioning.

CQM, Inc., EA-16-154

On November 14, 2016, the NRC issued a Notice of Violation to CQM, 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, on several occasions, including July 14 and 15, 2016, the licensee secured portable gauges with only a single physical barrier and did not provide control and constant surveillance at all times.

Tetra Tech Inc., EA-15-230

On October 11, 2016, the NRC issued a Confirmatory Order to Tetra Tech Inc., (Tetra Tech) confirming commitments reached as part of an alternative dispute resolution (ADR) mediation session.  The session was associated with a violation identified during an investigation of Tetra Tech employees working at Hunters Point Naval Shipyard site in San Francisco, California.  Specifically, from late 2011 through mid-2012, employees of Tetra Tech deliberately falsified soil sample records on several occasions by taking soil samples from areas not designated as part of the target area and by completing forms with inaccurate information.  The licensee agreed to take a number of actions, in addition to steps already taken, including but not limited to: 1) discussing the facts and lessons learned from this event with its employees who are engaged in licensed activities to emphasize the importance of not engaging in willful activities in violation of NRC's regulations; 2) providing annual refresher training on NRC requirements to all employees engaged in licensed activities for a period of five years; 3) conducting an independent third-party assessment of all areas involving NRC-licensed activities to assess Tetra Tech's safety culture, evaluate the results, and take appropriate corrective actions; 4) using a third party to perform quality assurance reviews of work performed at Hunters Point for a period of three years; and 5) sending copies of the notice of violation and confirmatory order to the Navy and the State of California to assure they are fully informed of the NRC's actions.  In consideration of the Tetra Tech's commitments outlined in the Confirmatory Order, the NRC agreed to withdraw the civil penalty proposed on July 28, 2016.

Power Resources, Inc., (EA-16-051)

On September 30, 2016, the NRC issued a Confirmatory Order to Power Resources, Inc., confirming commitments reached as a result of an alternative dispute resolution mediation session agreement addressing apparent violations identified through an investigation.  The investigation identified (1) a failure to comply with 10 CFR 20.1501 requirements when the licensee did not ensure that a member of the health physics department performed a free-release contamination survey of equipment, and (2) a deliberate failure by the operations supervisor to maintain complete and accurate records of contamination exit surveys, contrary to the requirements in 10 CFR 40.9, "Completeness and accuracy of information."  Specifically, the operations supervisor filled out monitoring logs to indicate that personnel contamination surveys were performed on two contractors when the surveys were not performed.  The licensee has agreed to complete the following actions: (1) conduct an annual meeting with licensee management and the licensee's radiation safety office representatives, to discuss performance and compliance indicators, health physics issues, and operational safety; and (2) revise its initial and annual employee refresher training for employees involved in NRC-regulated activities to emphasize the importance of providing complete and accurate information to the NRC, individual accountability, and the possibility of individual enforcement actions for willful failure to comply with NRC requirements.  In consideration of these and other commitments from the licensee, the NRC agreed to not to pursue further enforcement action based on the apparent violations identified.

Jenbo USA, LLC (EA-16-097)

On September 29, 2016, the NRC issued a Notice of Violation to Jenbo USA Inc., (Jenbo) for a Severity Level (SL) III violation and a SL III problem for two related violations.  The first violation involved a failure to submit annual reports detailing all transfers of byproduct material, in accordance with10 CFR 32.16.  Specifically, between 2012 and 2016, Jenbo failed to file annual reports for transfers of byproduct material made in 2011, 2012, 2013, 2014, and 2015, on or before January 31 of the following year.  The violations collectively characterized as a SL III problem involved a failure to obtain a license amendment to change the authorized location in license No. 04-23986-01E, and for distribution of byproduct material from an unauthorized location.  Specifically, in 2014, Jenbo distributed byproduct materials at 3672 Edison Way, Freemont, CA, which was not an authorized location in the specific license issued by NRC and did not obtain required authorization to include this new location in its license.

IDEKER, Inc. (EA-16-140)

On September 27, 2016, the NRC issued a Notice of Violation to IDEKER, 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, on several occasions, including May 31, 2016, the licensee secured portable gauges with only a single physical barrier. The gauges were not under the control and constant surveillance of the licensee.

Ontonagon County Road Commission (EA-16-135)

On September 26, 2016, the NRC issued a Notice of Violation to Ontonagon County Road Commission 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, as of June 14, 2016, the licensee secured portable gauges with only a single physical barrier during business hours. The gauges were not under the control and constant surveillance of the licensee.

Consumers Energy (EA-16-115)

On September 14, 2016, the NRC issued a Notice of Violation to Consumers Energy for a Severity Level III violation involving the failure of each individual who acts as a radiographer or a radiographer's assistant to wear 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 April 7, 2016, the individuals wore a single device to perform the functions of both a direct reading dosimeter and an alarming ratemeter simultaneously.

International Cyclotron, Inc. (EA-16-055)

On August 30, 2016, the NRC issued a Notice of Violation and Proposed Imposition of a Civil Penalty in the amount of $14,000 to International Cyclotron, Inc. (International Cyclotron), for a Severity Level III violation. The violation involves International Cyclotron's failure to begin and complete decommissioning of its site in accordance with 10 CFR 30.36. Specifically, on March 22, 2014, International Cyclotron notified the NRC that no principal activities under the license have been conducted for a period of 24 months and decommissioning would begin as soon as possible, before April 18, 2014. As of August 30, 2016, international Cyclotron has neither begun decommissioning nor submitted a decommissioning plan and did not complete the decommissioning of its site.

Plus, LLC. (EA-13-190)

On August 8, 2016, the NRC issued an Order Imposing Civil Monetary Penalty to Plus, LLC (Plus) in the amount of $21,000. On May 3, 2016, a Notice of Violation and Proposed Imposition of Civil Penalty (Notice) in the amount of $42,000 was issued to Plus, LLC, for three willful Severity Level III violations. The violations involved Plus's failure to have NRC licenses to distribute, possess, and import byproduct materials. Plus requested mitigation of significance of the violations, and the proposed civil penalty amount because of its small entity classification status. After considering Plus's response, the NRC decided to retain the significance of the violations as stated in the Notice and to reduce the civil penalty amount to $21,000.

City of Muskegon, City Hall – Engineering Department (EA-16-100)

On August 8, 2016, the NRC issued a Notice of Violation to the City of Muskegon, City Hall – Engineering Department, for a Severity Level III violation. The violation involved the failure to have the individual specifically named on the license fulfill the duties of the Radiation Safety Officer (RSO) as required by NRC License Condition No. 12. Specifically, on April 18, 2014, the individual listed as RSO on the license was no longer employed by the company and could not fulfill the duties and responsibilities of RSO.

Tetra Tech EC, Inc. (EA-15-230)

On July 28, 2016, the NRC issued a Notice of Violation and Proposed Imposition of a Civil Penalty in the amount of $7,000 to Tetra Tech EC, Inc. (Tetra Tech), for a Severity Level III violation. The violation involved a deliberate failure to obtain soil sample surveys in accordance with 10 CFR 20.1501(a), by employees of Tetra Tech at U.S. Navy’s Hunter’s Point Naval Shipyard (HPNS) site in San Francisco, California. Specifically, on several occasions between November 18, 2011, and June 4, 2012, when obtaining soil samples to ascertain the amount of residual radioactivity in specific locations within Parcel C at HPNS, Tetra Tech employees deliberately obtained soil samples from other areas that were suspected to be less contaminated and represented that the samples had been obtained from within the specified locations.

Applied Technical Services, Inc. (EA-16-046)

On July 28, 2016, the NRC issued a Notice of Violation and Proposed Imposition of a Civil Penalty in the amount of $7,000 to Applied Technical Services, Inc. (ATS), for a Severity Level III problem for three related violations. The violations involved: (1) a failure to conduct a survey of the camera guide tube after taking an image of a pipe weld in accordance with 10 CFR 34.49; (2) a deliberate failure to post an area where industrial radiography was being performed with conspicuous radiation or high radiation signs that established a radiological boundary as required by 10 CFR 34.53 and 10 CFR 20.1902; and (3) a failure to comply with a condition on the ATS State of Georgia license to ensure continuous direct visual surveillance of the operation to protect against unauthorized entry into a radiation area, as required by 10 CFR 150.20(b)(5). Specifically, on October 20, 2015, while conducting industrial radiography at the National Aeronautics Space Administration Langley Research Center in Hampton, Virginia, after completing an exposure of a pipe weld, a radiographer approached the camera and the guide tube without a survey meter and did not conduct a survey of the camera to ensure that the source had been retracted. The radiographer did not post accessible portions of the radiation area with radiation or high radiation signs and the radiographer did not comply with provisions of State of Georgia license to ensure continuous direct visual surveillance of the operation to protect against unauthorized entry into a radiation area or high radiation area. As a result an NRC inspector was allowed to walk unnoticed and unimpeded into the radiation area while radiographic operation were being performed.

QHG of Indiana, Inc. (EA-16-074)

On July 23, 2016, the NRC issued a Notice of Violation to QHG of Indiana, Inc., 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, on January 7, 2016, during two separate medical administrations, the licensee used an instrument that was not capable of measuring with high confidence the amount of yttrium-90 remaining in the equipment used to deliver the dose. Therefore, the licensee could not determine that the two administrations were in accordance with the written directive. The licensee's procedures did not specify the instrumentation needed to provide high confidence that the administration would be performed in accordance with the written directive.

Medstar Washington Hospital Center (EA-16-109)

On July 19, 2016, the NRC issued a Notice of Violation to Medstar Washington Hospital Center (MWHC) for a severity level III violation. The violation involved a failure to transfer licensed material to an authorized recipient in accordance with 10 CFR 20.2001(a)(1). Specifically, on May 15, 2015, MWHC transferred radioactive waste containing Iodine-131 to Stericycle, Inc. in Curtis Bay, Maryland, a waste processing company that was not authorized to receive the radioactive waste.

Patriot Engineering and Environmental, Inc. (EA-16-075)

On July 12, 2016, the NRC issued a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,500 to Patriot Engineering and Environmental, Inc., for a Severity Level III violation of 10 CFR 20.1802 and 10 CFR 30.34(i). The violation involved the failure to secure licensed material from unauthorized removal or access, with a minimum of two independent physical controls that form tangible barriers, while the portable gauge was not in storage and not under the control and constant surveillance of the licensee. Specifically, an authorized user left a gauge unattended and unsecured, and the gauge was run over.

Acuren USA (EA-15-173, EA-14-062)

On July 7, 2016, the NRC issued a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $7,000 to Acuren USA for violations associated with two Severity Level III problems.  One problem identifies violations of  10 CFR 34.51 and 34.53 involving the failure to keep the radiation restricted area perimeter and high radiation area under constant surveillance during radiographic operations, and the failure to post the area with the signs required in 10 CFR 20.1902. The second problem involves four violations of NRC requirements associated with a common root cause: (1)10 CFR 20.1301(b)(1) by failing to demonstrate the total effective dose equivalent to the member of the public likely to receive the highest dose does not exceed the annual dose limit in 20.1301; (2) 10 CFR 34.43(e) by failing to conduct an inspection program of the job performance of radiographers; (3) 10 CFR 20.1101(c) by failing to periodically (at least annually) review the radiation protection program content and implementation; and (4) 10 CFR 34.43(d) by failing to provide annual refresher training for each radiographer at intervals not to exceed 12 months.  Specifically, radiographic operations were performed inside the shop at the Kenai, Alaska facility without maintaining constant surveillance of or posting the radiation restricted area and high radiation area outside of the shop on April 10, 2014.  Further, at both the Kenai and Anchorage locations, the required measurements or calculations had not been conducted to demonstrate that the total effective dose to the public did not exceed the annual dose limit. Finally, radiation program reviews were not conducted from February 2012 through May 2014 and annual refresher safety training was not provided for two radiographers between December 2012 and April 2014.

7NT Enterprises, LLC (EA-16-098)

On July 1, 2016, the NRC issued a Notice of Violation to 7NT Enterprises, LLC, 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, on multiple occasions, and most recently on March 22, 2016, the licensee stored portable gauges with only a single physical barrier and were not under the control and constant surveillance of the licensee.

Montana State University (EA-15-165)

On June 24, 2016, the NRC issued a Notice of Violation to Montana State University (MSU) for four violations of NRC requirements, collectively characterized as a Severity Level III problem. The violations involved: (1) failure to control and maintain constant surveillance of licensed material as required by 10 CFR 20.1802, (2) failure to test for leakage and/or contamination of sealed sources in accordance with License Condition 14.A, (3) failure to conduct a physical inventory of sealed sources in accordance with License Condition 25, and (4) the failure to maintain complete and accurate information with regard to leak test and inventory documentation as required by 10 CFR 30.9(a) and as required by License Conditions 14.F and 25 of NRC License No. 25-00326-06. Specifically, between approximately 2008 and 2014, MSU lost two Variant/Agilent Gas Chromatographs containing approximately 13.73 millicuries of Nickel-63 and therefore did not conduct physical inventories or testing for leakage and/or contamination at the specified intervals. Additionally, licensee records indicated that two Nickel-63 sealed sources had been leak tested and physically accounted for, when in fact, the sources were not in the licensee's possession at the time the leak tests and inventories were documented as having been performed.

CampCo, Inc. (EA-14-080)

On June 20, 2016, the NRC issued a Confirmatory Order (CO) to CampCo, Inc., confirming commitments reached as a result of an alternative dispute resolution (ADR) mediation session agreement. The CO addresses violations identified in a Notice of Violation (NOV) and proposed imposition of Civil Penalty issued on December 10, 2015 with four Severity Level III violations identified. The violations identified in the NOV include: (1) distributing watches containing tritium (hydrogen-3) without first either NRC approval by amendment to CampCo’s existing license or by obtaining a separate NRC exempt distribution license for these watches; (2) failing to submit timely required annual reports to the NRC; (3) failing to provide required information in the annual reports provided upon NRC request; and (4) failing to provide certificates with each lot of watches as required by the CampCo license. CampCo agreed to complete actions that include, but are not limited to the following: (1) restore full compliance for all currently identified noncompliances, (2) develop written procedures to provide reasonable assurance of continued compliance, (3) provide initial and continuing training for CampCo staff, (4) engage an independent third party to conduct a programmatic review and to conduct annual compliance audits for two years, and (5) provide communications to watch manufacturers/assemblers, distributors, and consumers to raise awareness of the requirements and the importance of compliance, including an article submitted for an industry publication. In consideration of the commitments from CampCo, the NRC agrees to refrain from imposing a civil penalty.

Thielsch Engineering, Inc. (EA-16-045)

On June 1, 2016, the NRC issued a Notice of Violation to Thielsch Engineering, Inc., for a Severity Level III problem for two related violations. The violations 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), and a failure to have a lock on a portable gauge or have the gauge contained in an outer locked container in accordance with its NRC license condition. Specifically, on January 20, 2016, a portable gauze was left unattended and uncontrolled at the U.S. Naval Base jobsite and it was not secured with any physical controls that form tangible barriers to secure it from unauthorized removal. The unattended gauge was not under the direct surveillance of the authorized user and did not have a lock on the gauge or maintained inside a locked container designed to prevent unauthorized or accidental removal of the sealed source from its shielded position.

Curtiss-Wright Corporation (EA-16-078)

On May 20, 2016, the NRC issued a Notice of Violation to the Curtiss-Wright Corporation for a Severity Level III violation. The violation involved the failure to file an application and receive a specific license before exporting nuclear equipment to China. Specifically, on September 4, 2013, Curtiss-Wright exported four nozzle dams with associated nozzle dam control console and installation tools to China, for ultimate use at the Changjiang Nuclear Power Plant, that was not authorized by a general or specific license issued under 10 CFR Part 110. The NRC's general license under 10 CFR 110.26, "General license for the export of nuclear reactor components," does not authorize the export of nuclear reactor components to China, and Curtiss-Wright failed to obtain a specific license before shipping the nozzle dam equipment.

Wayne County Well Surveys, Inc. (EA-16-031)

On May 19, 2016, the NRC issued a Notice of Violation to Wayne County Well Surveys, Inc., for a Severity Level III violation. The violation involved the failure to file, at least three days before engaging in the activity for the first time in a calendar year, 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. However, on several occasions between January 18, 2013, and October 16, 2015, the Agreement State licensee possessed and used licensed materials at temporary job sites in Indiana, a Non-Agreement State, without first filing the required documentation with the NRC.

FMC & Associates, LLC (EA-16-054)

On May 17, 2016, the NRC issued a Notice of Violation to FMC & Associates, LLC, for a Severity Level III problem for eight related violations. The first violation involved a failure to use a minimum of two independent physical controls that form tangible barriers to secure portable gauge from unauthorized removal in accordance with 10 CFR 30.34(i). Specifically, between November 1, 2014, and May 6, 2015, a portable gauge was stored in the trunk of a personal vehicle at a jobsite and the gauge was secured with only one tangible barrier (locked vehicle trunk) to prevent unauthorized removal when it was not under the control and constant surveillance. The seven other violations involved the failure to: (1) confine possession of byproduct material to the activity limit authorized on the NRC license; (2) perform physical inventories of radioactive sources/devices every six months; (3) perform annual radiation protection program reviews; (4) provide annual refresher training to authorized gauge users; (5) review and maintain occupational exposure records; (6) provide proper package labeling of transport gauges; and (7) include required information on shipping papers during transportation of gauges.

Novelis Corporation (EA-15-213)

On May 13, 2016, the NRC issued a Notice of Violation and Proposed Imposition of a Civil Penalty in the amount of $7,000 to Novelis Corporation for a Severity Level III violation. The violation involved the deliberate repairs of a nuclear gauge that were not permitted under the terms of Novelis’ NRC License. Specifically, on September 12, 2014, the licensee replaced a pneumatic cylinder that controls the position of the shutter, and on September 13, 2014, the licensee adjusted the shutter control mechanism of a nuclear gauze. These repairs were specifically prohibited by conditions of its license.

Weaver Consultants Group (EA-16-035)

On May 10, 2016, the NRC issued a Notice of Violation to Weaver Consultants Group 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 from unauthorized removal or access, with a minimum of two independent physical controls that form tangible barriers, while the portable gauge was stored in a controlled or unrestricted area and not under the control and constant surveillance of the licensee. Specifically, an authorized user left a gauge unattended and unsecured behind his vehicle while searching for additional forms. He later backed up the vehicle and struck the gauge.

Plus, LLC (EA-13-190)

On May 3, 2016, the NRC issued a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $42,000 to Plus, LLC for three willful Severity Level III violations. The violations involved: (1) distribution of material to unlicensed persons without an NRC license to distribute in accordance with 10 CFR 32.14; (2) possession of material prior to obtaining an NRC license pursuant to 10 CFR 30.3; and (3) importing byproduct material into the United States without first obtaining a general or specific license in accordance with 10 CFR Part 110. Specifically, between February 23, 2013 and February 2015, Plus, LLC initially transferred for sale or distribution, approximately 1827 tritium watches containing byproduct material to unlicensed persons without obtaining a specific license pursuant to 10 CFR 32.14 authorizing such transfers. Between February 23, 2013 and September 7, 2014, and from January 26, 2015 to April 23, 2015, Plus, LLC possessed approximately 1717 watches containing tritium, without having the required NRC license. Between February 23, 2013 and September 7, 2014, Plus, LLC imported approximately 1942 watches into the United States manufactured in Switzerland, without having a possession license or without having a specific import license from the NRC.

Pacific Soils Engineering & Testing (EA-15-188)

On March 10, 2016, the NRC issued a Notice of Violation to Pacific Soils Engineering and Testing for a Severity Level III violation involving failure to use a minimum of two independent physical controls that form tangible barriers to secure a portable gauge from unauthorized removal, when not under the control and constant surveillance of the licensee.  Specifically, on June 24, 2015, the licensee stored a portable gauge without the two independent physical controls present, when the gauge was not under its direct control and constant surveillance.

Materials Testing Consultants, Inc. (EA-15-221)

On February 19, 2016, the NRC issued a Notice of Violation to Materials Testing 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, on August 5, 2015, the licensee stored portable gauges with only a single physical barrier during business hours, and the gauges were not under the control and constant surveillance of the licensee.

Whitworth-Muench, Inc. (EA-15-190)

On February 2, 2016, the NRC issued a Notice of Violation to Whitworth-Muench, 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 approximately July 18 and August 18, 2015, a locked pantry door provided the single physical barrier against unauthorized removal of the licensee's portable gauges.

Ferrovial Agroman, S.A. (EA-15-205)

On February 1, 2016, the NRC issued a Notice of Violation to Ferrovial Agroman, S.A, 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 April 28, 2015, a gauge containing licensed material was left unattended and uncontrolled in the back of a pickup truck at a temporary jobsite and was secured to the truck with two independent controls. However, the keys to both the vehicle and the gauge locks were left in the unlocked truck, which was stolen from the jobsite.

Megan, LLC (EA-15-184)

On January 25, 2016, the NRC issued a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,500 to Megan, LLC for a Severity Level III violation. The violation involved a failure to use two independent controls to secure portable gauges from unauthorized removal whenever the gauges were not under licensee control or constant surveillance as required by 10 CFR 30.34(i). Specifically, on August 12, 2015, Megan, LLC kept the gauge in a locked trunk of the car with the locked transportation case secured to the vehicle and the vehicle was unlocked, allowing access to a mechanism which could be used to open the trunk of the vehicle. The gauge user was in a trailer at the temporary jobsite and was not keeping the gauge under control and constant surveillance.

To top of page

Page Last Reviewed/Updated Tuesday, September 05, 2017