United States Nuclear Regulatory Commission - Protecting People and the Environment

2020 Materials Actions

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Schultz Surveying & Engineering, Inc. (EA-19-108)

On March 11, 2020, the NRC issued a Notice of Violation and Exercise of Discretion to Schultz Surveying & Engineering, Inc. (Licensee) for a Severity Level III problem associated with three related violations. The violations involved the licensee’s failure to: (a) have the named individual on its license perform the duties and responsibilities of the Radiation Safety Officer (RSO) as required by License Condition No. 11 of NRC License No. 24-32159-01; (b) transfer the byproduct material to an authorized person as required by Title 10 Code of Federal Regulations (10 CFR) Part 30.41(a); and (c) provide a written response to an April 30, 2018, Order revoking the license based on non-payment of license fees. Specifically, the RSO named on the license left the employment and there was no qualified RSO since December 2016, and on January 31, 2017, the licensee transferred byproduct material to a person not authorized to receive such byproduct material under terms of a specific license or a general license or their equivalents issued by the Atomic Energy Commission, the NRC, or an Agreement State. As part of its corrective actions, the licensee submitted a request to terminate its NRC license. In accordance with Section 3.6 of the Enforcement Policy, the NRC exercised discretion to not propose a civil penalty and terminated the license on February 20, 2020.

Avera St. Luke’s Hospital (EA-19-126)

On March 11, 2020, the NRC issued a Notice of Violation to Avera St. Luke’s Hospital (Licensee) for a Severity Level III problem associated with three related violations. The violations involved the licensee’s failure to: (a) monitor occupational exposure of workers from licensed and unlicensed sources of radiation as required by Title 10 of the Code of Federal Regulations (10 CFR) 20.1502(a)(1); (b) develop and implement certain elements of its radiation protection program in accordance with 10 CFR 20.1101(a); and (c) submit a written report to the NRC within 30 days of discovery of a reportable event in accordance with 10 CFR 20.2203. Specifically, from February 2018 through July 30, 2019, the licensee did not properly monitor an authorized user’s radiation exposure that resulted in the authorized user having a significant potential to exceed the NRC’s annual radiation exposure limit and did not develop and implement a radiation protection program commensurate with the scope and extent of its licensed activities. Additionally, on October 3, 2018, the licensee was notified by a dosimetry vendor of an exposure potentially exceeding the NRC’s annual exposure limits for an authorized user working under its NRC license, and the licensee did not investigate or notify the NRC until July 30, 2019.

Sanders Medical Products (EA-19-141)

On March 3, 2020, the NRC issued a Notice of Violation to Sanders Medical Products (SMP) for two Severity Level III violations. The first violation involved SMP not filing an application for a specific license to the Deputy Director of the Office of International Programs, to export a Ge-68 1,581 µCi source, using an appropriate method listed in 10 CFR Part 110.4.  Specifically, on June 3, 2019, SMP attempted to export a Ge-68 1,581 µCi source to Tehran, Iran, without filing an application for a specific license, when such activity would have been required to be authorized by the NRC.  Therefore, no export application was filed, and the shipment was not authorized by a specific license issued under 10 CFR Part 110.  The second violation involved SMP exporting a Ge-68 1,581 µCi source without being authorized by a specific license issued under 10 CFR Part 110.  Specifically, on November 26, 2018, SMP exported to Alchemy Scientific Bureau in Baghdad, Iraq, a Ge-68 1,581 µCi source without a specific license, when such activity would have been required to be authorized by the NRC. Therefore, no export license was issued, and the shipment was not authorized by a specific license issued under 10 CFR Part 110.

Municipality of Anchorage (EA-19-127)

On February 13, 2020, the NRC issued a Notice of Violation to Municipality of Anchorage (Licensee), for a Severity Level III violation related to an NRC licensing requirement. The violation involved the licensee’s failure to have the named individual on its license perform the duties and responsibilities of the Radiation Safety Officer (RSO) for the period from September 30, 2017, through January 6, 2020, as required by License Condition 12 of NRC Materials License 50-15852-02. Specifically, the RSO listed on the license retired on September 30, 2017, and the license was not amended to name a new RSO until January 7, 2020.

Bittner Engineering, Inc., MI (EA-97-079)

On February 12, 2020, the NRC issued a Notice of Violation to Bittner Engineering, Inc. (Licensee) for a Severity Level III problem associated with four related violations. The violations involved the licensee’s failure to: (1) have the named individual on its license perform the duties and responsibilities of the Radiation Safety Officer (RSO) as required by License Condition 12 of NRC License 21-26010-01; (2) perform leak tests of sealed sources in accordance with License Condition 13 of NRC License 21-26010-01; (3) perform a review and implementation of radiation safety program as required by Title 10 Code of Federal Regulations (10 CFR) Part 20.1101(c); and (4) provide hazmat employees with the hazmat refresher training as required by 10 CFR 71.5(a). Specifically, the RSO named on the license retired in 2014 and the license was not amended to name a new RSO until May 23, 2019. Additionally, between December 2014 and May 23, 2019, the licensee did not perform the annual leak tests on the portable gauges, did not perform the required review of the radiation safety program, and did not provide the required recurrent training for its hazmat employees.

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Page Last Reviewed/Updated Monday, March 30, 2020