NRC ORDER – ORDER

On May 19, 2022, the NRC issued a confirmatory order (CO) to Avera McKennan (licensee) confirming commitments reached as a part of an alternate dispute resolution (ADR) mediation settlement agreement between the licensee and the NRC. The ADR mediation and subsequent CO were based on the results of an investigation at Avera McKennan (licensee) in which the NRC identified two apparent violations: (1) Title 10 of the Code of Federal Regulations (10 CFR) 35.63(a) requiring a licensee determined doses of unsealed byproduct material for medical use by direct measurement, the activity of dosages before medical use as required by 10 CFR 35.63(a); and (2) 10 CFR 30.9 “Completeness and accuracy of information” related to maintaining accurate measurement records. The CO acknowledges Avera McKennan’s view that no violation of requirements occurred. The parties agree to disagree on whether violations occurred. The licensee agreed to complete wide-ranging actions that are expected to improve its licensed program, as fully described in the CO. In consideration of the actions and commitments outlined in the CO, the NRC agrees to (1) refrain from imposing a civil penalty, and (2) not issue a separate notice of violation.