NRC ORDER – CPORDER $3,000

On April 30, 2002, an Order Imposing Civil Monetary Penalty in the amount of $3,000 was issued. The action was based on a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,000 that was issued on February 27, 2002, for a Severity Level III violation involving failure to control a nuclear gauge that was subsequently stolen from a temporary job site. The licensee's March 26, 2002, response did not deny that the violation occurred as stated in the Notice, but requested withdrawal of the penalty. The licensee argued that the penalty should be withdrawn because the gauge contained minuscule quantities of material, was clearly and properly labeled, and was lost due to a criminal act of an unknown third party. Upon discovery that the gauge was missing, the licensee immediately notified the NRC of the theft and attempted to find the stolen gauge. The licensee disciplined the employee who left the gauge unattended, and also took corrective actions that included re-instructing and re-training its employees; and the licensee has had no prior violations of NRC regulations. After considering the licensee's response, the NRC concluded that an adequate basis was not provided for withdrawal of the civil penalty.