NRC ORDER – ORDER

On March 3, 2022, the NRC issued a Confirmatory Order (CO) to Somat Engineering, Inc. memorializing commitments reached during an alternative dispute resolution (ADR) mediation session held on January 11, 2022. The commitments were made as part of the settlement agreement between Somat Engineering, Inc. and the NRC based on evidence gathered during an investigation in which the NRC identified three apparent violations of NRC requirements. The first violation is related to the loss of a portable moisture density gauge due to the licensee’s failure to control and maintain constant surveillance of the gauge after failing to secure it as required by 10 CFR 20.1802 and 10 CFR 30.34(i). The second violation involves the licensee’s failure to secure a gauge from shifting during transportation as required by 10 CFR 71.5 (a) and 49 CFR 173.448 (a). The third apparent violation is related to the licensee’s failure to secure a second portable moisture density gauge from unauthorized removal or access as required by 10 CFR 20.1801. In consideration of the corrective actions taken, the commitments outlined in the CO, and the license modifications described in Section V of the CO, the NRC agrees not to pursue any further enforcement action or civil penalty in connection with the apparent violations. However, the NRC will consider this Confirmatory Order as an escalated enforcement action.