NRC ORDER – ORDER

On April 20, 2016, the NRC issued a Confirmatory Order to C&D Technologies, Inc. (vendor) to formalize commitments made as a result of an alternative dispute mediation session. The commitments were made by the vendor as part of a settlement agreement between the vendor and the NRC regarding apparent violations of NRC requirements. The agreement resolves the apparent failure to perform adequate technical evaluations of defects, and the associated periodic reporting of ongoing deviation evaluations and final determinations, contrary to the requirements in Title 10 of the Code of Federal Regulations 21.21, “Notification of failure to comply or existence of a defect and its evaluation.” The vendor agreed to a number of corrective actions, including: (1) restore full compliance for all currently identified noncompliances, (2) revise policies and procedures to provide reasonable assurance of continued compliance, (3) provide initial and continuing training for C&D staff and supervisors, (4) institute an annual independent third party programmatic review, and (5) periodic communication, to staff and managers, regarding senior management’s expectations and commitment to comply with NRC requirements. In consideration of these commitments, the NRC has agreed to refrain from issuing a proposed imposition of a civil penalty and a Notice of Violation.