ML24221A360
| ML24221A360 | |
| Person / Time | |
|---|---|
| Issue date: | 09/03/2024 |
| From: | David Pelton NRC/OE/EB |
| To: | Surman D - No Known Affiliation |
| References | |
| eCon 20240808-10018, EA-24-031 | |
| Download: ML24221A360 (1) | |
Text
EA-24-031 David Surman 405 Business Park Lane Allentown, PA 18109
SUBJECT:
UNITED STATES NUCLEAR REGULATORY COMMISSION RECORDS REVIEW - FINAL DETERMINATION REGARDING UNAUTHORIZED IMPORT OF SOURCE MATERIAL AND EXERCISE OF ENFORCEMENT DISCRETION
Dear David Surman:
This letter refers to the U.S. Nuclear Regulatory Commission (NRC) review of records conducted from November 2023 through April 2024. The review examined the import of radioactive material, thorium-232, to your business location in Allentown, Pennsylvania. The purpose of the review was to determine whether you were in compliance with NRC requirements for importing radioactive material. At the conclusion of our review, Ms. Andrea Jones of the NRC discussed the preliminary findings with your attorneys, Mr. Robert E.
Goldman and Mr. Timothy J. Bergre. Details of the review were provided to you and Mr.
Bergre in an NRC letter dated May 16, 2024 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML24134A148).
Occasionally, the NRC becomes aware of hazardous products sold on the internet that are within NRC jurisdiction. For example, products containing thorium may present hazards to public health and safety and are, therefore, regulated under Title 10 of the Code of Federal Regulations (10 CFR) Part 40, Domestic Licensing of Source Material. Specifically, 10 CFR 40.3, License requirements, states that, under most circumstances, a license is required to possess or transfer (sell) products containing source material (including uranium or thorium).
In the May 16, 2024, NRC letter, we provided you with the opportunity to address the apparent violation by either attending a predecisional enforcement conference, or by providing a written response before we made our final enforcement decision. In a letter dated July 5, 2024 (ADAMS No. ML24200A173), you provided your written response to the apparent violation. In your response, you stated that on or about March 21, 2022, you purchased 500 grams of thorium dioxide powder (ThO2) from the AliExpress website. You stated that the AliExpress website is available for use by the general public and did not contain any disclaimers that the product purchased is nuclear source material, contained thorium-232, or that purchase of the material required an NRC license. Additionally, you stated that you did not intend to purchase any regulated nuclear source material when purchasing this product from the AliExpress website.
In your letter you further stated that you no longer are in possession of this material as a result of federal agents seizing and taking control of the entire 500 gram bag of ThO2 powder.
September 3, 2024
D. Surman 2
Based on the information developed during our review of the records and the information you provided in your July 5, 2024, written response, the NRC has determined that you do not hold an NRC license for the possession and distribution of products containing source material, and therefore, a violation of NRC requirements occurred.
The mission of the NRC is to license and regulate the Nations civilian use of byproduct, source, and special nuclear materials to ensure adequate protection of public health and safety, promote the common defense and security, and protect the environment. The NRC also recognizes the importance of an effective enforcement program in which open and transparent dialogue results in effective implementation of the NRC Enforcement Policy. The current Enforcement Policy is included on the NRCs Web site at http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html. Accordingly, and based on the facts and circumstances of this case, i.e., the amount of thorium-232 (25-130 grams) found in the 500 gram bag of ThO2 powder you purchased, your stated intent of not specifically seeking to acquire source material, the fact that you no longer possess the material, and the very low safety significance of the material to public health and safety, I am exercising enforcement discretion to not issue a violation and no further action or response is required on your part.
In accordance with 10 CFR 2.390 of the NRC's "Rules of Practice," a copy of this letter and your response, if you choose to provide one, will be made available electronically for public inspection in the NRC Public Document Room or from the NRCs Agencywide Documents Access and Management System (ADAMS), accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html. To the extent possible, your response should not include any personal privacy or proprietary information so that it can be made available to the Public without redaction. Any information forwarded to the NRC should be clearly labeled on the first page with the case reference number: EA-24-031.
Should you have any questions, please contact Mr. Peter Habighorst at 301-287-9241 or Ms. Andrea Jones at 404-997-4443.
Sincerely, David L. Pelton, Director Office of Enforcement cc: Timothy J. Bergre, Attorney tberger@atlip.com Robert E. Goldman, Attorney reg@bobgoldmanlaw.com Cai, June signing on behalf of Pelton, David on 09/03/24
ML24221A360 OFFICE OIP/ECNP OE BC:ECNP/OIP OE NAME AJones DFurst PHabighorst JPeralta DATE 08/12/2024 08/12/2024 08/12/2024 08/12/2024 OFFICE NMSS:DD MSST OD: OIP OGC OD:OE NAME KWilliams DSkeen RCarpenter DPelton DATE 08/14/2024 08/26/2024 08/29/2024 09/03/2024