10 CFR 50.9 requires, in part, that information required by the Commission to be maintained by a licensee shall be complete and accurate in all material respects.
10 CFR 20.2108 requires, in part, that each licensee maintain records of disposal of licensed material made under
10 CFR 61 until the Commission terminates the license. Contrary to the above, on October 5, 2005, information required by the Commission to be maintained by the licensee was not accurate in all material respects. Specifically, the completed copy of
NRC Form 540 for Shipment Number W05-023 on September 30, 2005, was not accurate, in that, the shipment quantity was modified and the form was deliberately backdated to the original date of shipment (September 30, 2005). The licensee used the
NRC Form 540 to meet the requirements of
10 CFR 20.2108. Based on an Office of Investigations investigation (
OI Case No. 3-2007-026), the NRC staff concluded that the authorized shippers backdating of
NRC Form 540 was a deliberate violation. However, because the violation had limited actual radiological significance and low potential significance, the violation involved the acts of a low-level individual resulting from an isolated action without management involvement, there was no economic or other advantage gained as a result of the violation, and adequate remedial action was taken, the violation was categorized at
Severity Level IV. Because the violation is of very low safety significance, it meets the additional criteria in Section VI.A.1 of the
NRC Enforcement Policy and because it has been entered into the corrective action system (
AR 567081) it is being treated, after consultation with the Director, Office of Enforcement, as a Non-Cited Violation
