NRC ORDER – ORDER

On November 23, 2009, an immediately effective Confirmatory Order was issued to Nuclear Fuel Services, Inc. (NFS) to confirm commitments made as a result of an Alternative Dispute Resolution mediation session held on September 16, 2009. This enforcement action is based on two apparent violations of NRC requirements involving a primary physician who apparently deliberately certified that two security officers had been given a hearing examination when, in fact, they had not. NFS agreed to take the following actions to preclude recurrence of these violations: (1) complete an assessment of why this issue was not entered into the corrective action program and why a root cause analysis was not completed, (2) complete an extent of condition review, (3) benchmark other licensee's oversight of primary physicians to identify best practices, (4) ensure the primary physician participates in periodic meetings with a physician engaged in NRC-regulated activities to review issues relevant to compliance with NRC regulations, (5) ensure the primary physician initiates an evaluation of procedures and processes with a physician engaged in NRC-regulated activities, (6) establish standards for primary physicians and other contract medical specialists, and (7) enhance selected administrative procedures. In consideration of these commitments, the NRC agreed to refrain from issuing a civil penalty or Notice of Violation for these apparent violations.