ML120690651
| ML120690651 | |
| Person / Time | |
|---|---|
| Issue date: | 02/24/2012 |
| From: | Office of Public Affairs Region I |
| To: | |
| References | |
| Press Release-I-12-005 | |
| Download: ML120690651 (2) | |
See also: see also:Press Release-I-12-005
Text
NRC TO HOLD CONFERENCE ON MARCH 7 WITH MASSACHUSETTS FIRM
OVER USE, STORAGE OF DEVICES IN NRC JURISDICTIONS OUTSIDE OF STATE
Nuclear Regulatory Commission staff will meet with representatives of a Wilmington,
Mass., company on March 7 to discuss an apparent violation of agency regulations involving the
use and storage of devices containing nuclear materials in locations outside of Massachusetts that
are subject to NRC jurisdiction.
The meeting with Morpho Detection, Inc. (MDI) is scheduled to begin at 10 a.m. at the
NRCs Region I Office, located at 475 Allendale Road in King of Prussia, Pa. Members of the
public are invited to observe the session and will have an opportunity to communicate with NRC
staff regarding the subject following the meeting with the company.
MDI is a manufacturer of explosive-detection systems used in airport security and border
control. It is authorized by the NRC to distribute ion mobility spectrometer devices containing
licensed nuclear material, but the firms NRC license does not permit the possession or use of the
devices. Rather, MDI holds a license from Massachusetts allowing the possession and use of
nuclear material within that state, including the use of the devices for promotional purposes at
temporary job sites throughout the commonwealth. (Massachusetts, like many other states, has
an agreement with the NRC whereby it licenses the possession and use of nuclear materials
within its borders that would otherwise be regulated by the NRC.)
In May 2011, MDIs Radiation Safety Officer contacted the NRC to inquire about
performing work in states under the agencys jurisdiction. Companies licensed by a state or
states are required to notify the NRC when they will be performing work using nuclear materials
in non-Agreement States, which is called filing for reciprocity. During an inspection at MDIs
offices on Aug. 4, 2011, an NRC inspector reviewed the companys work activities and found
that MDI was unable to present a complete set of NRC-approved documentation of reciprocity
filings for activities conducted between 2007 and 2011.
Subsequently, MDI conducted an internal review of product shipments and uses at
temporary job sites outside of Massachusetts and determined that NRC reciprocity requirements
had been misinterpreted by company staff. Further, the review indicated that about 60
NRC NEWS
U.S. NUCLEAR REGULATORY COMMISSION
Office of Public Affairs, Region I
475 Allendale Road, King of Prussia, Pa. 19406
E-mail: opa1@nrc.gov
Site: www.nrc.gov
Blog: http://public-blog.nrc-gateway.gov
No. I-12-005
Contact: Diane Screnci, (610) 337-5330
Neil Sheehan, (610) 337-5331
Feb. 24, 2012
Email: opa1.resource@nrc.gov
specifically licensed units had been shipped to locations within NRC jurisdiction since 2007
without MDI having filed for reciprocity with the NRC. Those locations were in four states and
the District of Columbia.
In a letter dated Jan. 27, 2012, the NRC notified MDI that its failure to file for
reciprocity, as required, on those approximately 60 occasions between Oct. 8, 2007, and March
28, 2011, constituted an apparent violation of NRC requirements.
The decision to hold a predecisional enforcement conference does not mean that the NRC
has determined that a violation has occurred or that enforcement action will be taken. Rather, the
conference is being held to obtain information to assist the NRC in making an enforcement
decision.
News releases are available through a free listserv subscription or by clicking on the
EMAIL UPDATES link on the NRC homepage (www.nrc.gov). E-mail notifications are sent to
subscribers when news releases are posted to NRC's website. For the latest news, follow the
NRC on www.twitter.com/NRCgov.