NRC ORDER – ORDER

On October 6, 2022, the NRC issued a confirmatory order (CO) and civil penalty (CP) in the amount of $5,000 to Cammenga and Associates, LLC (licensee) confirming commitments reached as part of an alternative 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 Cammenga and Associates, LLC. As a result of the investigation, the NRC identified apparent violations of Title 10 of the Code of Federal Regulations (CFR) 30.34(c), “Terms and Conditions of Licenses,” one of which was willful. However, the NRC’s determination of willfulness was not based on a finding that Cammenga deliberately intended to violate NRC requirements, but rather on Cammenga’s careless disregard in failing to pursue necessary actions to ensure compliance with applicable requirements. The apparent violations involved initially transferring, for sale or distribution, products containing tritium (H-3), that were not authorized for distribution on an NRC license at the time of distribution. In consideration of the corrective actions and commitments outlined in the CO, the NRC agreed to (1) reduce the CP in the amount of $5,000, (2) not issue a separate notice of violation in addition to the CO but, rather, describe the violations in the body of the CO, and (3) for future civil penalty assessment purposes, the issuance of this CO will be considered escalated enforcement consistent with the NRC Enforcement Policy.