Violation Tracker Individual Record
On January 21, 2010, the NRC issued a Notice of Violation (NOV) and Immediately Effective Confirmatory Order to Beta Gamma Nuclear Radiology, Inc., (BGNR) to confirm commitments made as a result of an Alternative Dispute Resolution (ADR) mediation session held on October 27, 2009. This enforcement action is based on a violation of 10 CFR 30.9 which requires, in part, that information provided to the Commission by a licensee, or information required by the Commission's regulations to be maintained by the licensee shall be complete and accurate in all material respects. Contrary to this requirement, in a May 5, 2008 response contesting a Severity Level IV Notice of Violation, BGNR maintained, and provided to the NRC, information that was not complete and accurate in all material respects. Specifically, the BGNR response stated that three written directives, administered on September 14, 2005, and February 19 and 26, 2008, were written prior to the administrations, when in fact, the written directives were signed and dated after the administrations. The written directives were required to be maintained by 10 CFR 35.40(a), and were therefore, material to the NRC. BGNR agreed to: (1) perform quarterly comprehensive radiation safety audits and (2) authorize a new RSO for a two year period. In recognition of these commitments, the NRC agreed to issue to BGNR a civil penalty in the amount of $5,000 and also issue an NOV containing a SL III violation of 10 CFR 30.9.