United States Nuclear Regulatory Commission

Office of Public Affairs, Region I

475 Allendale Road King of Prussia, PA 19406

Fax: 610/337-5241

Internet: dps@nrc.gov or nas@nrc.gov

I-98-28 March 16, 1998

Contact: Diane Screnci (610/337-5330) FOR IMMEDIATE RELEASE

Neil A. Sheehan (610/337-5331)

NRC PROPOSES $4,400 CIVIL PENALTY AGAINST DELAWARE FIRM

FOR VIOLATION INVOLVING TRANSPORTATION OF RADIOACTIVE MATERIAL

The Nuclear Regulatory Commission staff has proposed a

$4,400 fine against a Delaware firm for a violation of agency

requirements involving the transportation of radioactive

material.

NRC inspectors identified three apparent violations

during an inspection last September 15 at the Tru-Tec Division of

Koch Engineering Company, in Newark, Del. Following a

predecisional enforcement conference with company representatives

on February 24, NRC staff determined that one of those

infractions warranted a civil penalty. That violation involves a

failure, prior to the shipment of radioactive material, to ensure

by examination or appropriate testing that each package’s closure

device -- in this case, a padlock -- was properly installed,

secure and free of defects.

For the other two violations, Koch Engineering was cited

but not fined. They pertain to insufficient documentation of

shipments of radioactive material and inadequate training for the

employee in charge of radiation safety matters.

The NRC’s inspection of the company occurred after an

empty package from Tru-Tec that had originally contained three

cesium-137 sources arrived at a Federal Express facility in

Wilmington, N.C., on the morning of August 28. The sources,

containing 1, 18 and 100 millicuries of cesium-137, respectively,

were found later that day under a slide used to move packages at

a Federal Express facility in Memphis, Tenn. Two Tru-Tec

employees were dispatched to retrieve the sources, which are used

to perform industrial measurements.

Upon further investigation, it was determined that the

likely cause of the sources being removed from the package in

Memphis was the lack of a secure padlock on the 10-inch-tall,

lead-shielded container.

“The NRC recognizes that after this incident in August
2

1997, you implemented immediate corrective actions,” NRC Region 1

Administrator Hubert J. Miller wrote to Koch Engineering in a

letter regarding the enforcement action. “And on September 18,

1997, the NRC issued you a Confirmatory Action Letter confirming,

in part, your commitments to 1.) cease using the Master Lock No.

175 padlock as a security mechanism when shipping radioactive

material, and replace it with a bolt and nut security mechanism,

including a tamper seal to be placed behind the nut to prevent

the nut from backing off the bolt during shipment; 2.) remind

shipping personnel to double-check the security mechanism prior

to shipment to ensure its integrity; and 3.) provide evaluations

of doses received by all individuals (including Tru-Tec and

Federal Express employees) who were exposed to and/or came in

contact with the sources involved in this event.

“Nonetheless,” Mr. Miller said, “this violation

constitutes a significant NRC concern since it created the

potential for significant exposure to members of the public.”

Koch Engineering has 30 days to pay the fine or request

in writing that all or part of the penalty be withdrawn.

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