United States Nuclear Regulatory Commission - Protecting People and the Environment

2017 Materials Actions

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CTI and Associates, Inc. (EA-17-147)

On December 28, 2017, the NRC issued a Notice of Violation and Proposed Imposition of a Civil Penalty in the amount of $7,000, to CTI and Associates, Incorporated for a Severity Level III violation. The violation involved the failure to control and maintain constant surveillance of licensed material that is in a controlled or unrestricted area and that is not in storage or to use a minimum of two independent physical controls to form a tangible barrier to secure a portable gauge from unauthorized removal whenever the gauge was not under the licensee's control and constant surveillance, as required by 10 CFR 20.1802 and 10 CFR 30.34(i). Specifically, on August 9, 2017, a portable gauge was located in the back of a pickup truck with no barriers and without maintaining constant surveillance of the device.

Avera McKennan (EA-17-104)

On December 21, 2017, the NRC issued a Notice of Violation for a Severity Level III Problem involving violations of 10 CFR 71.5(a), which require the licensee to comply with the following Department of Transportation (DOT) requirements in 49CFR Parts 172 and 173:  173.410(f); 172.200(a); 172.300(a); 172.400(a); and 172.403(c). Specifically, on multiple occasions between March 2013 and December 2015, Avera McKennan transported licensed material in a container that did not meet the DOT requirements for a transport package. In addition, the material was transported without required package marking or labeling, and any required shipping papers.

K & S Engineers, Inc. (EA-17-157)

On December 21, 2017, the NRC issued a Notice of Violation to K & S Engineers, Inc. for a Severity Level III violation. The violation involved a failure to control and maintain constant surveillance and failure to use two independent physical controls that form tangible barriers to secure a portable gauge from unauthorized removal as required by 10 CFR 20.1801 and 30.34(i). Specifically, on several occasions, including July 25, 2017, the licensee stored a portable gauge in an unlocked storage room with one lock securing the gauge case lid and a single chain with one lock securing one handle on the gauge case to a workbench. The keys to the padlock on the gauge case and the padlock on the single chain were located on the workbench approximately one foot away from the gauge and there were no individuals continuously present to maintain control or constant surveillance.

Construction Consulting & Testing (CC&T) (EA-17-148)

On December 18, 2017, the NRC issued a Severity Level III Notice of Violations to CC&T for failing to meet the requirements of 10 CFR 20.1801 and 30.34(i). Specifically, between July 29 and August 10, 2017, on multiple occasions the licensee stored a portable gauge in an unlocked location without a minimum of two independent physical controls that form tangible barriers to secure the device while not under the licensee's control and constant surveillance.

Qal-Tek Associates, LLC (EA-17-101)

On December 12, 2017, the NRC issued an NOV/CP in the amount of $22,400 to Qal-Tek Associates, LLC, for a Severity Level II problem.  The violations involved the failure to comply with 10 CFR 71.5(a), which requires licensees that deliver licensed material to a carrier for transport to comply with the applicable U.S. Department of Transportation requirements in 49 CFR Parts 171 to 180.  Specifically, Qal-Tek shipped five radioactive sources in a single 10‑gallon steel drum shipping container.  Three of these sources were also located in an inner lead container (commonly referred to as a "pig").  The shipment went through several airports without incident from Idaho Falls to a temporary jobsite in New York City.  For the return transport of the sources to Idaho Falls on April 11, 2017, a licensee radiation safety officer prepared the package in the same manner as the initial shipment, but the lid of the pig opened during transport.  As a result, three of the sources moved from the pig into the surrounding sealed steel drum.  Dose rates measured at 1 meter and on contact exceeded NRC regulatory limits; however, the NRC's analysis concluded that a member of the public was unlikely to have received a dose in excess of regulatory limits. 

Midwest Engineering and Testing, Inc. (EA-17-118)

On November 21, 2017, the NRC issued a Notice of Violation to Midwest Engineering and Testing, Inc. 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 20.1801 and 30.34(i). Specifically, on June 22, 2017, the licensee's technician placed the gauge containing licensed material in a construction trailer and left the site without using the locking mechanism on either of the trailer's two doors, resulting in zero barriers to secure the gauge from unauthorized removal.

Terracon Consultants, Inc. EA-17-079

On November 15, 2017, the NRC issued a Notice of Violation to Terracon Consultants, Inc., for a Severity Level III violation of 10 CFR 20.1802. Specifically, on December 21, 2016, the licensee failed to maintain constant surveillance of a portable gauge when the technician walked away from the gauge to inspect another part of the jobsite.  The violation resulted in a steel drum roller damaging the gauge.

Board of Light and Water City of Marquette (EA-17-125)

On November 8, 2017, the NRC issued a Notice of Violation to Board of Light and Water City of Marquette, for a Severity Level III violation. The violation involved the licensee's failure to assign a specific individual to fulfill the duties and responsibilities of Radiation Safety Officer (RSO) as required by NRC License Condition No. 12. Specifically, on May 5, 2017, the individual named as the RSO in Condition 12 of the NRC license No. 21-20174-01, left the licensee's employment and the licensee did not submit an amendment request for the new RSO until September 19, 2017.

Michiana Hematology Oncology, PC (EA-17-091)

On October 31, 2017, the NRC issued a Notice of Violation to Michiana Hematology Oncology, PC, for a Severity Level III problem relating to NRC licensing requirements. The violations involved: (1) the failure to have an individual named on the license perform the duties and responsibilities of Radiation Safety Officer (RSO) for the period of October 29, 2016, to April 16, 2017, as required by License Condition No. 11 of NRC License No. 13-32719-01; and (2) the failure to notify the NRC no later than 30 days after the RSO permanently discontinued performance of duties under the license as required by Title 10 of the Code of Federal Regulations, Section 35.14(b)(1). Specifically, the RSO listed on the license left the licensee's employment on October 28, 2016, and Michiana Hematology Oncology did not notify the NRC of this fact until January 25, 2017, when it requested an amendment to its license to change the RSO. The license was later amended to name a new RSO on April 18, 2017.

Washington University (EA-17-082)

On September 21, 2017, the NRC issued a Notice of Violation to Washington University for a Severity Level III violation associated with a medical event. An inspection was conducted on February 1 and 2, 2017, at the St. Louis, Missouri campus and determined that a medical event occurred on April 8, 2016, where the licensee staff had sufficient information on April 16, 2016, to discover the event and make the appropriate notification to the NRC; however the notification was not made until January 31, 2017. Specifically, the administration of radiation from a yttrium-90 microspheres treatment resulted in a dose that exceeded 0.5 Sv (50 rem) to tissue and 50 percent or more of the dose expected from the administration defined in the written directive to tissue other than the treatment site. This is a medical event as defined in 10 CFR 35.3045(a)(3).

Coastal Wireline Services, Inc. (EA-17-097)

On September 14, 2017, the NRC issued a Notice of Violation to Coastal Wireline Services, Inc., (CWSI) 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 May 16 and 20, 2017, and on approximately the same dates in May 2016, CWSI, a licensee of the State of Texas, used iodine-131 within NRC jurisdiction without filing the required documentation with the NRC.

Cardinal Health Nuclear Pharmacy (EA-17-096)

On September 14, 2017, the NRC issued a Notice of Violation to Cardinal Health Nuclear Pharmacy for a Severity Level III violation of 10 CFR 20.1801 related to the licensee's failure to secure molybdenum-99/technetium-99 generators on February 28, 2017.

Allen County Cardiology (EA-17-048)

On September 5, 2017, the NRC issued a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $7,000 to Allen County Cardiology for a Severity Level III problem. Specifically, between August 8 and October 13, 2016, the licensee failed to conduct (1) surveys in radiopharmaceutical preparation and administration areas at the end of each day of use and (2) weekly wipe tests that are required by the licensee's license and 10 CFR 20.2103. Additionally, the licensee failed to comply with 10 CFR 30.9 when the nuclear medicine technologist created inaccurate records that are required by 10 CFR 20.2103 to falsely indicate that the surveys and wipe tests had been performed.

Geo-Engineering & Testing, Inc (EA-17-025)

On August 18, 2017, the NRC issued a Notice of Violation to Geo-Engineering and Testing, Inc. for a Severity Level III violation involving the failure to implement 10 CFR 30.41(b). Specifically, on or about July 22, 1998, the licensee transferred a portable nuclear gauge to a member of the public that did not meet any of the authorized transfers identified in 10 CFR 30.41(b).

Geo-Logic Associates, Inc. (EA-17-027)

On August 14, 2017, the NRC issued a Notice of Violation to Geo-Logic Associates, Inc., (GLA) for a Severity Level III Problem involving three related violations.  The first violation involved the failure to limit activities involving radioactive materials in non-Agreement States to 180 days in calendar year (CY) 2014 as required by 10 CFR 150.20(b).  Specifically, between February 20 and December 31, 2014, GLA used radioactive materials authorized by 10 CFR 150.20, in Guam, a non-Agreement State and area of NRC jurisdiction, for a period longer than 180 days in CY 2014.  The second violation involved the failure to possess and use byproduct material except as authorized in a specific or general license issued in accordance with 10 CFR 30.3.  Specifically, during CY 2015 and CY 2016, GLA possessed and used byproduct materials in Guam and Saipan, both non-Agreement States and areas of NRC jurisdiction, and these activities were not authorized in a specific or general license issued in accordance with the NRC's regulations.  The third violation involved the failure to file a submittal to the NRC at least 3 days before engaging in activities in NRC jurisdiction for the first time in CY 2017 as required by 150.20(a).  Specifically, GLA engaged in activities starting on January 1, 2017, and filed its submittal containing an NRC Form 241, "Report of Proposed Activities in Non-Agreement States," on January 26, 2017, a period of 26 days after engaging in activities for the first time in CY 2017

Somascan, Incorporated (EA-16-255)

On June 27, 2017, the NRC issued an Order Imposing a Civil Monetary Penalty (Order) to Somascan, Incorporated (Somascan), in the amount of $7,000. The Order was necessary because Somascan had not responded to an April 5, 2017, Notice of Violation and Proposed Imposition of a Civil Penalty in the amount of $7,000 for a Severity Level III problem involving the licensee's failures to notify the NRC of its license expiration, to begin and complete decommissioning of its site in accordance with 10 CFR 30.36, and to secure from unauthorized removal or access in accordance with 10 CFR 20.1801 licensed material that is stored in an unrestricted area. As of the date of the Order, Somascan had not paid the proposed civil penalty of $7,000, and had taken no action to comply with the NRC requirements.

Hill's Pet Nutrition (EA-17-063)

On July 27, 2017, the NRC issued a Notice of Violation to Hill's Pet Nutrition for a Severity Level III violation of 10 CFR 31.5(c)(3). Specifically, on November 28, 2016, the licensee permitted two of its contractor employees to remove licensed fixed gauges who were not licensed to do and did not complete the removal in accordance with the label instructions.

ERP Federal Mining Complex, LLC (EA-17-062)

On June 21, 2017, the NRC issued a Notice of Violation to ERP Federal Mining Complex, LLC, for a Severity Level III problem for two related violations.  The first violation involved a failure to assign a specific individual to fulfill the duties and responsibilities of Radiation Safety Officer (RSO) as required by the NRC License Condition No. 12.  Specifically, on January 25, 2017, the individual named as the RSO in Condition 12 of the NRC license, resigned from employment and the licensee did not submit an amendment request for the new RSO until April 26, 2017. The second violation involved a failure to control and maintain constant surveillance of the licensed material as required by 10 CFR 20.1802.  Specifically, on February 5, 2017, a fixed gauge was left without any monitoring until it was transferred to a secured storage location on February 9, 2017.

P4 Production, LLC (EA-16-267)

On June 13, 2017, the NRC issued a Notice of Violation to P4 Production, LLC, for a Severity Level III problem for violations of three license requirements addressing fixed nuclear gauge activities that resulted in unnecessary radiation exposure to two members of the public. Specifically, on November 18, 2015, June 15, 2016, and September 27, 2016, the licensee permitted contract workers to perform fixed nuclear gauge installation and dismantling without the required training. Additionally, the source was not shielded as required and resulted in a contractor's extremity coming into contact with the radiation beam. The licensee failed to ensure that any employee or contractor who was working on or near a nuclear source complete required coordination with the plant RSO, who did not review the circumstances of the work to be performed, evaluate any exposure-related safety or health concern, or take preventative measures when dosimetry readings exceeded 2 millirem per hour.

Guam Regional Medical City (EA-17-036)

On June 6, 2017, the NRC issued a Notice of Violation to Guam Regional Medical City for Severity Level III violations of 10 CFR 30.3(a) and License Condition 11 of NRC Materials license 56-35371-01. Specifically, on January 10, 2017, the individual named on the license was no longer the radiation safety officer. Also, from December 2014 through October 2016, the licensee received and possessed licensed material (sealed sources) that was not authorized on an NRC license.

Guam Medical Imaging Center (EA-17-026)

On June 6, 2017, the NRC issued a Notice of Violation to Guam Medical Imaging Center for a Severity Level III Problem for failure to implement 10 CFR 35.40(a) and 35.41(a).  Specifically, between November 5, 2013 and January 9, 2017, the licensee prepared written directives for the administration of iodine-131 and radium-233 that were not dated and signed by an authorized user before administration, as well as used verbal authorization of written directives in place of developing, implementing, and maintaining written procedures to provide high confidence that administrations were in accordance with the written directive.

JANX Integrity Group. (EA-16-130)

On June 1, 2017, the NRC issued a Notice of Violation to JANX Integrity Group for three violations grouped as a problem. The violations involved the deliberate failure to: (1) conduct radiographic operations at a temporary job site with at least two qualified individuals as required by 10 CFR 34.41(a); (2) conduct a survey of the radiographic exposure device and guide tube after each exposure when approaching the device as required by 10 CFR 34.49(b); and (3) perform visual and operability checks on radiographic exposure device as required by 10 CFR 34.31(a). Specifically, during the inspection on January 19-21, 2017, your staff informed the inspector that during observations of work activities on September 18, 2015, radiographic operations were deliberately performed without two qualified individuals being present. One of the qualified individual's was in the cab of the truck facing away from the radiographic operations and was therefore, unable to observe operations.

ADCO Services, Inc. (EA-16-281)

On May 30, 2017, the NRC issued a Notice of Violation to ADCO Services, Inc. (ADCO) 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 (RSO) as required by License Condition No. 11 of the NRC license. Specifically, on or about November 21, 2014, the RSO stopped fulfilling the duties and responsibilities as RSO and the licensee did not appoint a new individual that was qualified to fulfill the duties and responsibilities of RSO.

Kim Engineering (EA-15-124)

On May 25, 2017, the NRC issued a Notice of Violation and Proposed Imposition of a Civil Penalty in the amount of $7,000 to Kim Engineering, Inc. (KEI) for a Severity Level (SL) III violation. The violation involved a repeat 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 January 5, 2015, and August 14, 2015, KEI, a licensee of the State of Maryland, used portable gauges containing licensed material within areas of exclusive federal jurisdiction on numerous occasions without filing for reciprocity with the NRC as required by 10 CFR 150.20.

Hayre McElroy & Associates, LLC (EA-16-258)

On May 11, 2017, the NRC issued a Notice of Violation and Proposed Imposition of a Civil Penalty in the amount of $7,000 to Hayre McElroy & Associates, LLC,  for Severity Level III violations involving the failure to implement 10 CFR 30.3(a), 150.20(a) and (b).  Specifically, during calendar years 2011 through 2015, under its general license for activities in non-Agreement States or in areas of exclusive Federal jurisdiction within Agreement States, the licensee stored portable gauges in Hawaii for longer than the limit of 180 days in each calendar year without possessing an NRC specific license.  The licensee also failed to file an amended NRC Form 241 or letter to identify locations where work was performed and not identified on the initial NRC Form 241.

Somascan, Incorporated (EA-16-255)

On April 5, 2017, the NRC issued a Notice of Violation and Proposed Imposition of a Civil Penalty in the amount of $7,000, to Somascan, Incorporated (Somascan) for a Severity Level III problem associated with two violations. The violations involve Somascan’s failures to notify the NRC of its license expiration, to begin and complete decommissioning of its site in accordance with 10 CFR 30.36, and to secure from unauthorized removal or access licensed material that is stored in an unrestricted area in accordance with 10 CFR 20.1801. Specifically, on April 30, 2013, Somascan’s license expired and Somascan did not notify NRC within 60 days of its license expiration and did not begin and complete decommissioning of its site. Additionally, since November 21, 2012, Somascan has had no direct control over access to the facility or the sealed source that was stored inside the facility.

Premier Technology, Inc. (EA-16-191)

On March 31, 2017, the NRC issued a Notice of Violation to Premier Technology, Inc. for a Severity Level III violation for failure to implement 10 CFR 34.47(a) and 34.47(g)(2). Specifically, 10 CFR 34.47(a) requires, in part, that a licensee may not permit any individual to act as a radiographer or radiographer's assistant, unless at all times during the radiographic operations, each individual wears, on the trunk of his body, a direct reading dosimeter, an operating alarm ratemeter, and a personnel dosimeter. On May 18, 2015, licensee personnel performing radiographic operations removed the alarm ratemeter from the trunk of their body because they assumed they could use the ratemeter to fulfil the radiation survey requirements of 10 CFR 34.49. The licensee also failed to implement the requirements of 10 CFR 34.47(g)(2) in part, when one of the same alarm ratemeters was set to give an alarm at a present dose rate of 100 millisieverts/hour instead of the required setting at 5 millisieverts/hour.

Homestake Mining (EA-16-114)

On March 28, 2017, the NRC issued a Confirmatory Order to Homestake Mining Company of California (HMC) confirming commitments reached as part of an alternative dispute resolution (ADR) mediation session. The session was associated with five apparent violations identified during an NRC records review: (1) implementation of the Reinjection Program in a manner inconsistent with HMC's groundwater Corrective Action Program (CAP); (2) discharge of liquid effluents from the Reverse Osmosis (RO) Plant in excess of the site ground water protection standards established in the license; (3) failure to report to the NRC the results of all effluent monitoring required by the license; (4) failure to obtain monthly composite samples as required by the license; and (5) the discharge of liquid effluents containing byproduct material to land application areas without first obtaining NRC approval. The licensee agreed to take a number of actions, in addition to steps already taken, including but not limited to: (1) a third-party review of the HMC root cause protocol that is used to complete several conditions of the order; (2) a root cause analysis; (3) an assessment of all HMC activities to determine if they are being conducted in compliance with NRC requirements and an independent third party review of the assessment; (4) submitting a revised ground-water corrective action plan; (5) training on requirements; (6) complete an analysis of the reinjection system impact to the time estimated for completion of the corrective action program; (7) adjust operations toward compliance with Ground Water Protection Standards; (8) implement a corrective action program; (9) develop a land application assessment of impacts; In consideration of the HMC commitments identified in the Confirmatory Order, the NRC agreed not to pursue any further enforcement action based on the apparent violations.

Botsford General Hospital (EA-16-066)

On March 1, 2017, the NRC issued a Severity Level III violation to Botsford General Hospital for failure to implement 10 CFR 35.41(a)(2) that requires, in part, that, for any administration requiring a written directive, the licensee develop, implement, and maintain written procedures to provide high confidence that each administration is in accordance with the written directive.  Specifically, as of July 10, 2014, the licensee's written procedures for such administrations did not contain sufficient information to assure that the proper treatment plan is loaded into the treatment system prior to administration.  This failure in procedures was a contributing factor to a medical event involving patient treatment.

Spectrum Health Hospitals (EA-16-214)

On February 02, 2017, the NRC issued a Notice of Violation to Spectrum Health Hospitals for a Severity Level III violation involving the failure to implement written procedures which provided high confidence that an administration of yttrium-90 microspheres was in accordance with the written directive, as required by 10 CFR 35.41(a)(2). Specifically, on April 27, 2016, the licensee did not follow its procedure to verify the catheter position prior to administration of the yttrium-90 microspheres. As a result, a medical event occurred as the patient received a dose in an unintended treatment segment.

Thrasher Engineering, Inc. (EA-16-224)

On January 26, 2017, the NRC issued a Notice of Violation to Thrasher Engineering, Inc. 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 September 13, 2016, a gauge containing licensed material was left unattended and uncontrolled in the back of a pickup truck at a temporary jobsite. The keys to the vehicle, vehicle camper top, and transport case were left inside the cab of the vehicle while the cab was unlocked.

XCEL NDT, LLC (EA-16-232)

On January 25, 2017, the NRC issued a Notice of Violation to XCEL NDT, LLC, for a Severity Level III problem involving failure to implement 10 CFR 34.43(c) and 34.41(a). Specifically XCEL NDT failed to meet the requirements in 10 CFR 34.43(c) when it permitted an individual to act as a radiographer's assistant on September 22, 2016, and the individual had not developed competence to use, under the personal supervision of the radiographer, the radiographic exposure devices, sealed sources, associated equipment, and radiation survey instruments by successful completing a written test on these subjects and a practical examination on the use of the hardware. The requirements of 10 CFR 34.41(a) were not implemented on the same day, when XCEL NDT performed radiography at a location other than a permanent radiographic installation with a radiographer that was not accompanied by at least one qualified individual who has met the requirements of 10 CFR 34.43(c).

Wyoming Medical Center (EA-16-231)

On January 23, 2017, the NRC issued a Notice of Violation to Wyoming Medical Center for a Severity Level III violation for the failure to implement 10 CFR 35.40(b)(6). Specifically, 10 CFR 35.40(b)(6) requires, in part, that a licensee prepare written directives after implantation but before completion of the procedure for brachytheraphy, including use of low, medium, and pulsed dose rate remote afterloaders, where the written directive contains the radionuclide, treatment site, number of sources, and total source strength and exposure time (or total dose). On 15 occasions, between January 15 and December 22, 2015, the licensee completed written directives after implantation that did not include the number of sources and the total source strength as required, and some of these directives did not specify the radionuclide and total dose.

American Engineering Testing, Inc. (EA-16-152)

On January 18, 2017, the NRC issued a Notice of Violation to American Engineering Testing, Inc., for a Severity Level III violation of 10 CFR 34.41(a). The violation involved the failure to ensure that whenever radiography is performed at a location other than a permanent radiographic installation, the radiographer must be accompanied by at least one other qualified radiographer or an individual who has met, at a minimum, the requirements of 10 CFR 34.43(c). Specifically, on February 1, 2015, the radiographer performed radiography without another qualified individual present.

White Earth Department of Transportation (EA-16-180)

On January 17, 2017, the NRC issued a Notice of Violation to White Earth Department of Transportation for a Severity Level III violation of both 10 CFR 20.1801 and 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, from May 14, 2016, to August 9, 2016, the licensee stored a portable gauge in an unlocked storage cabinet in an unsecured garage during normal business hours, and there were no individuals continuously present to maintain control or constant surveillance.

Rozell Testing Laboratories, LLC (EA-16-164)

On January 11, 2017, the NRC issued a Notice of Violation to Rozell Testing Laboratories, 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, as of May 19, 2016, the licensee only used one independent physical control, a locked cabinet, to secure the portable gauge from unauthorized removal during business hours when the gauge was not under the control and constant surveillance of the licensee.

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Page Last Reviewed/Updated Wednesday, May 02, 2018