Press Release-I-06-060, NRC, Pa. Company to Discuss Apparent Violations Stemming from Temporary Loss of Nuclear Gauge

Press Release-I-06-060: NRC, Pa. Company to Discuss Apparent Violations Stemming from Temporary Loss of Nuclear Gauge

ML063250369
Person / Time
Issue date:	11/21/2006
From:	Office of Public Affairs Region I
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Category:Press Release
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Press Release-I-06-060
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NRC NEWS U.S. NUCLEAR REGULATORY COMMISSION Office of Public Affairs, Region I 475 Allendale Road, King of Prussia, Pa.www.nrc.gov No. I-06-060 Nove mber 21, 2006Contact:Diane Screnci, 610/337-5330 E-mail: opa1@nrc.gov Neil Sheehan, 610/337-5331NRC, PA. COMPANY TO DISCUSS APPARENT VIOLATIONS STEMMING FROM TEMPORARY LOSS OF NUCLEAR GAUGENuclear Regulatory Commission staff will meet with representatives of a Bethlehem, Pa.,engineering firm on Tuesday, Nov. 28, to discuss th ree apparent violations of agency requirementsinvolving the control and security of NRC-licensed ra dioactive materials. The apparent violations stemfrom the temporary loss of a nuclear gauge in August and were identified during an NRC special inspection conducted in September at the offices of Pennoni Associates, Inc., and at two temporary jobsites.The predecisional enforcement conference is scheduled to begin at 10 a.m. at the NRC Region IOffice, at 475 Allendale Road in King of Prussia, Pa. It will be open to the public for observation,though portions may be closed, if necessary, to discuss specific security aspects of the apparent violations.On Aug. 21, Pennoni notified the NRC that a portable nuclear gauge belonging to the firm wasmissing. The gauge, which contains small amounts of radioactive material and is used for suchpurposes as measuring soil density at construction sites, had been stored in a vehicle owned by acompany employee authorized to use it. The employee had loaned the vehicle to a relative at 11 p.m.

on Aug. 19 to perform a short errand. The gauge was st ored in the back seat of the vehicle when it wasborrowed. It was inside a locked transportation container, which was secured to the vehicle by alocked cable. The vehicle was not returned to the company employee, as promised.On Aug. 23, another relative of the company employee located the vehicle and returned it. However, the gauge and its transportation container were missing.

The relative informed the Pennonistaffer that the gauge had been removed from the ve hicle and left on the front porch of a residence inBethlehem. The company retrieved the gauge from the porch on the morning of Aug. 24 and returnedit to a company storage location in Bethlehem. It was determined that a lock on the transportation

container had been broken and one of its handles damaged. However, there was no damage to thegauge and the radioactive material inside was still safely shielded.

An NRC special inspection was conducted on Se pt. 7 and 8 to review the circumstancessurrounding the event. The inspection took place at the company's offices in Bethlehem and attemporary job sites in Rehrersburg and Chambersburg, Pa.The apparent violations by Pennoni are as fo llows: 1) a failure to use a minimum of twoindependent physical controls to prevent unauthorized removal of a nuclear gauge when it was not under direct control and constant surveillance of company personnel; 2) a failure to maintain constant surveillance of the device in an unrestricted area; and 3) a failure to make an immediate telephonereport to the NRC after the gauge was discovered to be missing.

The purpose of the Nov. 28 th meeting is to obtain information to enable the NRC to determinewhat, if any, enforcement action is warranted. There will be an effort to come to a common understanding of the facts and a discussion of root causes of the event and corrective actionsundertaken by the company.No decision will be made by the NRC staff at the session. Rather, NRC management willrender a decision sometime in the near future.