2019 Materials Actions
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Western Nuclear, Inc (EA-18-034)
On December 19, 2019 the NRC issued a Notice of Violation and Proposed Imposition of a Civil Penalty in the amount of $14,500, to Western Nuclear, Inc. (WNI). This action was based on a Severity Level III violation involving WNI’s submittal of information to the Commission in WNI’s May 2015 report that was not complete and accurate in all material respects pursuant to Title 10 Code of Federal Regulations 40.9(a). Specifically, information in the May 2015 report represented that the model data evaluated in the report were generated from the working version of WNI’s 2003 groundwater model. This material information was not accurate because, when the May 2015 report was prepared and submitted, neither WNI, nor its contractor that drafted the report, had a working version of the original 2003 model files.
Stillwater Mining Company (EA-19-085)
On December 19, 2019 the NRC issued a Notice of Violation and Proposed Imposition of a Civil Penalty in the amount of $7,250, to Stillwater Mining Company (Stillwater). This action was based on a Severity Level III violation involving Stillwater’s failure to have the named individual on its license perform the duties and responsibilities of the Radiation Safety Officer (RSO). Specifically, the RSO listed on Stillwater’s license resigned on September 9, 2015, and Stillwater did not submit a license amendment to name a new RSO until June 13, 2019. The license was amended on August 30, 2019, with an authorized named individual.
Dead Ringer, LLC (EA-17-175, EA-18-183)
On October 22, 2019, the NRC issued an Order Imposing a Civil Monetary Penalty (Order) to Dead Ringer, LLC (Dead Ringer), in the amount of $43,500. The Order was necessary because Dead Ringer did not respond to an August 8, 2019, Notice of Violation and Proposed Imposition of a Civil Penalty in the amount of $43,500 for a Severity Level III problem involving Dead Ringer’s willful distribution of gun sights containing radioactive material without an NRC license, and without a sealed source and device evaluation, and for import of material into the United States without having the required license for possession of the material. As of the date of the Order, Dead Ringer had not paid the proposed civil penalty of $43,500 and had taken no action to comply with NRC requirements.
Manufacturing Sciences Corporation (EA-19-040)
October 10, 2019, the NRC issued a Severity Level (SL) III Notice of Violation to Manufacturing Sciences Corporation (MSC) for a violation involving the export of nuclear material without first obtaining a specific license authorizing the export. Specifically, in October 2018, the National Nuclear Security Administration (NNSA) received an inquiry from the European Atomic Energy Community (EURATOM) regarding an export of depleted uranium (DU) from the U.S. to Germany. Prior to the receipt of DU by the intended recipient, EURATOM had not received notification of the export to Germany through official channels. On November 21, 2018, the NNSA requested that Nuclear Material Management and Safeguards System (NMMSS) staff initiate communications with MSC regarding its apparent failure to report the DU export. The communications also revealed that MSC failed to obtain a specific export license for the export because the quantity of material exported exceeded the limits for the material type for a general export license under 10 CFR 110.22(b). Section 110.22(b) states that a general license is issued to any person to export uranium or thorium in individual shipments of 10 kg or less. MSC was not in possession of a specific export license for this export, which exceeded the 10 kg limit permitted under the general license.
APINDE Inc. (EA–19–090)
On August 22, 2019, the NRC issued an Order suspending the license issued to APINDE Inc. (APINDE) as a result of information the NRC has identified through an ongoing review of licensed activities. The NRC has determined that in the initial license application, APINDE submitted inaccurate information about the qualifications of the individual proposed to be the Radiation Safety Officer (RSO). This resulted in the NRC issuing a license to APINDE that was based on inaccurate information. Additionally, in a subsequent license amendment request to name a new RSO, APINDE submitted inaccurate information pertaining to that individual. The NRC has additional information indicating that APINDE used its NRC license to procure a sealed radiography source and may have allowed unauthorized access to the source. Consequently, the NRC lacks the requisite reasonable assurance that APINDE can conduct the activities authorized under their License in compliance with the Commission's regulations and that the health and safety of the public, including APINDE's employees, will be protected. Therefore, the license will be suspended until the NRC obtains sufficient information to restore reasonable assurance that APINDE is capable of providing complete and accurate information and of safely conducting licensed activities.
Dead Ringer, LLC (EA-17-175, EA-18-183)
On August 8, 2019, the NRC issued a Notice of Violation and Proposed Imposition of a Civil Penalty in the amount of $43,500, to Dead Ringer, LLC (Dead Ringer) for a Severity Level III problem associated with three violations. The violations involved the willful distribution of gun sights containing radioactive material without an NRC license as required by 10 CFR 30.3(a), without a sealed source and device evaluation in accordance with 10 CFR 32.210, and 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 January 2015 to January 2018, Dead Ringer distributed approximately 10,350 gun sights containing tritium without the required NRC license and sealed source and device evaluations authorizing such distributions. Additionally, from January 2015 to May 2017, Dead Ringer imported approximately 10,350 gun sights without the required NRC specific or general licenses.
Source Production & Equipment Company (EA-18-170)
On June 3, 2019, the NRC issued a Notice of Violation to Source Production & Equipment Company (SPEC or licensee) for a Severity Level III violation. The violation involved the licensee's failure to obtain a specific license authorizing the import of material not covered by the NRC general licenses described in Title 10 Code of Federal Regulations (10 CFR) Parts 110.21 through 110.27. Specifically, between 2012 and 2017, SPEC imported 155 non-U.S. origin disused sealed sources containing the byproduct material (iridium-192, selenium-75, and ytterbium-169) into the U.S. without a specific license as required by 10 CFR 110.20(a).
Froehling & Robertson, Inc. (EA-19-003)
On May 20, 2019, the NRC issued an SL III NOV to Froehling & Robertson, Inc. (F&R), for a problem associated with two related violations of 10 CFR 20.1802, "Control of material not in storage," and 10 CFR 30.34(i), and an SL III NOV related to 10 CFR 20.2201(a)(i). Specifically, on February 27, 2017, F&R failed to control and maintain constant surveillance of a portable gauge containing licensed material on the bed of a pickup truck (an unrestricted area and not in storage) while in transport to another site. The gauge did not have the required minimum two independent physical controls that form tangible barriers to secure the gauge from unauthorized removal. The gauge fell off the truck and was unattended until recovered approximately 20 minutes later. F&R also failed to report the incident as lost, stolen, or missing licensed material immediately after its occurrence.
Mirion Technologies Corporation (EA-19-024 )
On May 16, 2019, the NRC issued an SL III NOV to Mirion Technologies Corporation (Mirion) for a violation of 10 CFR 110.5, "Licensing requirements," for not holding a specific export license authorizing the export of a fission chamber destined for the Petten research test reactor (RTR), located in the Netherlands. Specifically, on November 30, 2018, Mirion reported the export on NRC Form 741, "Nuclear Materials Transaction Report," and cited a general license authorizing the export of 2 grams of high-enriched uranium contained in a fission chamber. A general license does not authorize the export of components for research reactors capable of continuous operation above 5 megawatts thermal (MWt), and the Petten RTR has a capacity of 45 MWt continuous operation. Therefore, Mirion should have obtained a specific license authorizing the export of the fission chamber prior to November 30, 2018.
Idaho State University (EA-18-153)
On May 2, 2019, the NRC issued a Confirmatory Order to Idaho State University (ISU) confirming commitments reached as part of an alternative dispute resolution (ADR) mediation session. The ADR mediation session was associated with an apparent violation involving the failure to secure two portable gauges containing radioactive sources to prevent unauthorized access or removal pursuant to Title 10 Code of Federal Regulations Section 30.34(i).
The licensee agreed to take a number of actions, in addition to steps already taken, including but not limited to: (1) complete a 100 percent source inventory; (2) conduct an audit, using an independent third-party consultant(s), of NRC licensed activities across all four NRC licenses (broad scope, production, research and test reactor, and special nuclear material); (3) complete a causal evaluation of the audit findings by the independent third-party consultant(s); and (4) submit a corrective action plan based on the third-party consultant(s) causal evaluation and recommended corrective actions. In consideration of the commitments from ISU, the NRC is issuing this CO with no civil penalty, and will not pursue any further enforcement action based on the apparent violations identified in the NRC's January 10, 2019 letter. The CO will be considered an escalated enforcement action by the NRC for future assessment of violations occurring at ISU.
Holtec International (EA-18-151)
On April 24, 2019, the NRC issued a Severity Level III Notice of Violation to Holtec International for a violation of 10 CFR 72.146(a), "Design Control." The violation involved Holtec's inadequate modification of certain multi-purpose canisters used for the storage of spent fuel. Specifically, Holtec failed to establish adequate design control measures for installing alternative four-inch stainless steel stand-off pins that were essential to the function of the multi-purpose canister."
Prime NDT Services, Inc. (EA-18-131)
On April 1, 2019, the NRC issued a Confirmatory Order (CO) to Prime NDT Services, Inc. (Prime NDT), memorializing commitments reached during an ADR mediation session held on January 10, 2019. The ADR mediation session was associated with apparent violation(s) of NRC requirements for one or more security-related violations associated with theft of a vehicle transporting licensed material. Prime NDT agreed to pay the civil penalty of $3,500 for the apparent violation(s) and take several actions that will be incorporated into its license and address items to prevent recurrence of the violation(s) as well as actions to enhance management oversight, initial and continued training, and external communications. In consideration of these commitments, the NRC agreed to describe the violations as being neither escalated or nonescalated in the CO.
Providence Alaska Medical Center (EA-18-133)
On February 21, 2019, the NRC issued a Notice of Violation and Proposed Imposition Civil Penalty in the amount of $14,500 to Providence Alaska Medical Center (PAMC) for a Severity Level III problem associated with two related occupational radiation monitoring and dose assessment violations. The violations involved the licensee’s failure to (1) monitor occupational exposure of workers from licensed and unlicensed sources of radiation and account for external employment for purposes of occupation dose in accordance with Title 10 of the Code of Federal Regulations (10 CFR) 20.1502(a)(1) and 10 CFR 20.1201(f); and (2) implement a radiation protection program commensurate with the scope and extent of licensed activities in accordance with 10 CFR 20.1101(a). Specifically, prior to August 2018, the PAMC failed to properly monitor personnel exposures, resulting in three contract occupational workers potentially exceeding the 10 CFR 20.1201(a) annual limit. PAMC also failed to implement elements of its radiation protection program to review and evaluate abnormal radiation exposure reports, investigate exposure reports with results over licensee-set administrative limits, develop recommendations to management for corrective action, and implement effective corrective actions to restore compliance.
Mistras Group, Inc. (EA-18-113)
On February 13, 2019, the NRC issued a Notice of Violation to Mistras Group, Inc. (licensee) for a Severity Level III violation. The violation involved the licensee's failure to confine the use of byproduct material to the purposes authorized in its license in accordance with 10 CFR 30.34(c). Specifically, on September 9, 2017, a Mistras employee used a radiographic exposure device at a temporary job site to radiograph his own hand, a use not authorized by its NRC license.
Howard University (EA-18-076)
On January 31, 2019, the NRC issued an SL III NOV to Howard University. The violation involved the university’s possession of byproduct material that was not authorized under its license. Specifically, while cleaning out a laboratory, Howard University staff located a container of powdered actinium-227, which the facility had apparently received in 1942. The actinium-227 was not exempt from licensing requirements and was not authorized by the university’s NRC license.
Fleis & VandenBrink Engineering, Inc (EA-18-132)
On January 17, 2019, the NRC issued a Notice of Violation to Fleis & VandenBrink Engineering, Inc. for two Severity Level III violations for (1) detaching a sealed source from a source rod, without being specifically authorized to do so; and (2) handling of the unshielded cesium-137 source. Specifically, on July 16, 2018, the licensee's office technician detached a sealed source containing 8 millicuries of cesium-137 from the source rod of a Troxler 3400 series portable gauge that had been damaged at a temporary job site in Big Rapids, Michigan. Once the source was detached, the licensee's gauge user touched the unshielded source rod with their bare hands.
