# NRC CAL – NOVCP (SL III) $45,000
> **EA-20-002** · CAL · Severity SLIII · Issued 2021-09-30 · Materials Licensees
## Action
- **EA Number:** EA-20-002
- **Licensee:** NOVCP (SL III) $45,000
- **Category:** Materials Licensees
- **Action type:** CAL
- **Severity level:** SLIII
- **Date issued:** 2021-09-30
## Description

On September 30, 2021, the NRC issued a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $45,000 to Terracon Consultants, Inc. (Licensee) for five violations. The violations consist of a Severity Level (SL) III problem associated with three (A+B+C) related violations, a SL III violation (D), and a SL IV violation (E). The violations involved the licensee’s failure to: (A) control and maintain constant surveillance of licensed material in a controlled or unrestricted area and that is not in storage as required by Title 10 of the Code of Federal Regulations (10 CFR) 20.1802 and 30.34(i); (B) block and brace licensed material from movement incident to normal transportation in accordance with 10 CFR 71.5(a); (C) follow operating and emergency procedures associated with the license, which included the requirement for the gauge user to use a Department of transportation Type A container; (D) lock the gauge’s handle of the source rod or place the gauge inside of a locked container to prevent unauthorized or accidental removal of the source rod from its shielded position, as required by a License Condition; and (E) immediately report the loss of gauge as required by 10 CFR 20.2201. Specifically, On November 25, 2019, a licensee’s former technician willfully failed to follow licensee procedures and NRC requirements to secure a portable nuclear gauge. As a result, a portable gauge fell off a vehicle during transportation and remained uncontrolled in the public domain for few hours and the licensee did not notify the NRC immediately following discovery of the missing gauge.

## Source
- [Full enforcement letter (PDF)](https://www.nrc.gov/docs/ML2127/ML21273A376.pdf)
- [NRC Materials Licensees index](https://www.nrc.gov/reading-rm/doc-collections/enforcement/actions/materials/)
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