NRC ORDER – ORDER

On April 22, 2022, the NRC issued a confirmatory order (CO) to the Department of Veterans Affairs (VA; 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 the VA Greater Los Angeles Healthcare System facility in which the NRC identified two areas of apparent violations: (1) willful failure of a nuclear medicine technologist to perform “breakthrough” tests on a Sr-82/Rb-82 generator as required by Title 10 of the Code of Federal Regulations (10 CFR) 35.204(c); and (2) 10 CFR 30.9 “Completeness and accuracy of information” related to the same technologist’s falsification of records for “breakthrough” measurements as required by 10 CFR 35.204(d) and 10 CFR 35.2204. Additionally, the licensee agreed to complete wide-ranging corrective actions and enhancements that are expected to improve the safety program, as fully described in the CO. In consideration of the corrective actions and commitments outlined in the CO, the NRC agrees to (1) refrain from proposing a civil penalty, (2) not issue a separate notice of violation in addition to the CO but, rather, describe the violations in the body of the order and (3) not consider the CO an escalated enforcement action for future assessment of violations occurring at the VA.