NRC ORDER – ORDER

On April 16, 2010, the NRC issued a Confirmatory Order (effective immediately) to CAN USA, Inc. to formalize commitments made as a result of an ADR mediation session. The commitments were made by CAN USA, Inc. as part of a settlement agreement between CAN USA, Inc. and the NRC regarding apparent willful violations of NRC requirements by a radiographer and radiographer's assistant. The agreement resolves the apparent violations involving the CAN USA failures, which were identified during NRC inspection and investigation by the NRC Office of Investigations, and include the following areas: (1) failure to have a radiographer and at least one other individual qualified pursuant to 34.43(c); (2) failure to have a radiographer supervise and maintain direct observation of the assistant during use of a radiographic device; and (3) failure to control and maintain constant surveillance of licensed material that is in a controlled or unrestricted area and not in storage. CAN USA, Inc. agreed to a number of corrective actions, including the following: new and specific changes to operating procedures; activities related to training on new and/or revised operating procedures; interim training until the procedures are completed; unannounced audits; additional oversight of radiography crews; and specific written agreements with clients that address radiographic operations. In consideration of these commitments, the NRC agreed to limit the civil penalty amount to $7,000 and not to pursue any further enforcement action in connection with the inspection.