NRC ORDER – ORDER

On March 1, 2010, the NRC issued an Immediately Effective Confirmatory Order to the U.S. Department of Commerce's National Institute of Standards and Technology (NIST or licensee) to confirm commitments made as a result of an Alternate Dispute Resolution mediation session held on January 5, 2010. This enforcement action is based on ten apparent violations of NRC requirements at NIST's facility in Boulder, Colorado, which were identified during NRC inspection and investigation activities conducted in response to a June 9, 2008 plutonium spill. The apparent violations involved the licensee's failure to conduct the radiation safety program at NIST-Boulder in accordance with NRC requirements and the conditions of the NIST-Boulder license. The licensee agreed to take the following actions: (1) complete an independent assessment of the radiation safety program at NIST-Boulder; (2) submit copies of the required annual radiation safety audit to the NRC; (3) develop and implement a procedure for training new employees on radiation safety policies and procedures; (4) upgrade initial and refresher training for employees who work with radioactive materials, including a review of lessons learned from the plutonium spill and the associated apparent violations; (5) submit a license amendment request for deletion of the radionuclides on the NIST-Boulder license that NIST no longer plans to use; (6) develop a formal radiation hazards analysis process; (7) revise the NIST Ionizing Radiation Safety Committee charter to require additional review of NRC submittals; (8) revise the NIST radiation safety program policy to indicate that all individuals interacting with the NRC are required to provide complete and accurate information; (9) develop a clearly defined process for acquiring radioactive materials; and (10) pay a civil penalty of $10,000. In consideration of these commitments, and other actions already completed by NIST, the NRC agreed not to pursue any additional enforcement acti