Press Release-IV-12-019, NRC Issues Confirmatory Order to Texas Gamma Ray After Agreement Is Reached Under Alternative Dispute Resolution

Press Release-IV-12-019: NRC Issues Confirmatory Order to Texas Gamma Ray After Agreement Is Reached Under Alternative Dispute Resolution

ML12138A030
Person / Time
Issue date:	05/16/2012
From:	Office of Public Affairs Region IV
To:
Category:Press Release
References
Press Release-IV-12-019
Download: ML12138A030 (2)

Text

NRC NEWS U.S. NUCLEAR REGULATORY COMMISSION Office of Public Affairs Region IV 1600 E. Lamar Blvd.

Arlington, TX 76011-4511 Telephone: (817) 860-8100 Site: www.nrc.gov Blog: http://public-blog.nrc-gateway.gov No. IV-12-019

Contact:

Victor Dricks (817) 200-1128 May 16, 2012 Lara Uselding (817) 200-1519 E-Mail: OPA4.Resource@nrc.gov NRC ISSUES CONFIRMATORY ORDER TO TEXAS GAMMA RAY AFTER AGREEMENT IS REACHED UNDER ALTERNATIVE DISPUTE RESOLUTION Texas Gamma Ray has agreed to pay a $7,000 fine and implement a series of corrective actions related to safely storing and securing radiography equipment under an agreement reached with the Nuclear Regulatory Commission. In addition, the NRC has prohibited a former radiographer from conducting any NRC-licensed activities due to willful violation of regulations.

The settlement with Texas Gamma Ray was achieved under the NRCs Alternative Dispute Resolution (ADR) process, which was initiated at the request of the licensee. The objective was to reach a preliminary settlement agreement and address three apparent violations that included a failure to meet two security requirements and storing radioactive material at an unauthorized location. These were detailed in an inspection report on Dec. 22, 2010.

In addition, the NRC found that willfulness may have been involved as a radiographer failed to store a radiographic exposure device at a location listed on Texas Gamma Rays license.

Due to this willful misconduct, the radiographer has been prohibited from performing, supervising or engaging in any industrial radiographic operations for a period of three years.

On March 5, Texas Gamma Ray informed the agency that they were interested in the use of ADR to resolve the matter. ADR is a process in which a neutral mediator with no decision-making authority assists the parties in reaching an agreement or resolving any differences regarding a dispute.

An ADR mediation session took place on April 23, and led to an agreement which is detailed in the Confirmatory Order issued on May 15, by the NRC. Under the agreement, Texas Gamma Rays actions will include the following:

Develop and implement a comprehensive training program for all employees that clearly explains the consequences for violating NRC regulations, and

Develop and submit to NRC a procedure to oversee the field Radiation Safety Officers (RSOs) to include unannounced audits of security-related requirements and procedures Copies of the enforcement actions will be posted on the NRC web site at:

http://www.nrc.gov/reading-rm/doc-collections/enforcement/actions.

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