# NRC CAL – NOVCP (SL III)
> **EA-08-332** · CAL · Severity SLIII · Issued 2009-03-23 · Materials Licensees
## Action
- **EA Number:** EA-08-332
- **Licensee:** NOVCP (SL III)
- **Category:** Materials Licensees
- **Action type:** CAL
- **Severity level:** SLIII
- **Date issued:** 2009-03-23
## Description

On March 23, 2009, a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $16,250 was issued to S&M Testing Laboratory for three Severity Level III violations. The first violation involved a deliberate failure to confine possession of byproduct material to only those locations authorized by the NRC license. Specifically from May 1, 2007, through September 23, 2008, S&M Testing stored portable gauges at a location in Gurabo, Puerto Rico (PR) which was not an authorized storage location on the license. The second violation involved a deliberate failure to provide the NRC an opportunity to inspect byproduct material and the premises where the byproduct material was stored, as required by 10 CFR 30.52(a). Specifically, from May 1, 2007 through August 6, 2008, S&M Testing failed to respond to NRC letters and telephone calls that requested information regarding its licensed activities and storage of licensed material. The third violation involved a failure to utilize a minimum of two independent physical controls that form tangible barriers to secure portable gauges from unauthorized removal whenever the gauges were not under the control and constant surveillance of the licensee, as required by 10 CFR 30.34(i). Specifically, between May 1, 2007, and September 23, 2008, the portable gauges were stored in locked metal boxes located in an unrestricted area, but the keys to the boxes were left in another unrestricted area and during this period the gauges were not under the control and constant surveillance of S&M Testing.

## Source
- [Full enforcement letter (PDF)](https://www.nrc.gov/docs/ML0907/ML090780378.pdf)
- [NRC Materials Licensees index](https://www.nrc.gov/reading-rm/doc-collections/enforcement/actions/materials/)
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