No. 07-047 

Contact: Diane Screnci, 610/337-5330 

 Neil Sheehan, 610/337-5331 

 September 14, 2007 

 

NRC PROPOSES $3,250 CIVIL PENALTY FOR TAMPA, FLA. COMPANY 

OVER APPARENT VIOLATIONS INVOLVING NUCLEAR GAUGE USE, SECURITY

 The Nuclear Regulatory Commission staff is proposing a $3,250 fine for a Tampa, Fla.-

based firm for two apparent violations of agency requirements involving a portable nuclear 

gauge. Such gauges contain radioactive material and are used for measuring the moisture 

density of soil at construction sites and other purposes. 

 On March 7, 2007, the NRC was notified that a portable nuclear gauge owned by MC 

Squared, Inc., of Tampa had been stolen from a temporary job site on a Seminole Indian 

Reservation in Clewiston, Fla. At the time, the gauge was stored in a trailer. The theft is 

believed to have occurred between March 2 and 7, 2007. 

 MC Squared informed the NRC on May 17, 2007 that the gauge had been recovered. A 

member of the public had found the device on a public highway in Florida and kept it until it was 

retrieved by the company on May 11, 2007. The company determined there was no damage to 

either the gauge or its container. 

 Florida is an “Agreement State,” which means the state has responsibility for regulating 

nuclear materials within its borders that would otherwise be regulated by the NRC. However, 

Federal Reservations located within Agreement States are under the NRC’s jurisdiction. 

 In response to the theft of the gauge, the NRC sent an inspector to the Clewiston job site 

on March 15, 2007 to review the circumstances surrounding the event. The inspector determined 

that MC Squared, which is licensed by the State of Florida, had been using the gauge at two 

reservations in Florida since Jan. 1, 2006 without NRC approval. The inspector also learned that 

the gauge had not been secured as required under NRC regulations at the time it was stolen. 

 The inspection has led to the NRC citing the company for two apparent violations. One 

of the violations stems from a failure by MC Squared to notify the NRC prior to using a gauge at 

sites that are within NRC jurisdiction. The other violation involves a failure to use at least two 

NRC NEWS

U.S. NUCLEAR REGULATORY COMMISSION

Office of Public Affairs, Region I 

475 Allendale Road, King of Prussia, Pa. 19406 

E-mail: opa1@nrc.gov 

Site: http://www.nrc.gov
physical controls to secure the gauge from unauthorized removal during periods when such a 

device is not under the direct control and surveillance of company personnel. 

 In a letter to MC Squared regarding the enforcement action, NRC Region I Administrator 

Samuel J. Collins wrote that the violations are of concern to the agency because, among other 

things, “unintended radiation doses to members of the public could occur if sources in the gauge 

are removed from their shielded position” and “the NRC had no knowledge that radioactive 

material that required an NRC license or approval under reciprocity was being used at the two 

Indian Reservations, which are under NRC’s jurisdiction.” 

 

 MC Squared declined the opportunity to take part in an NRC Predecisional Enforcement 

Conference, which allows companies to provide the agency with additional information prior to 

reaching a decision on potential enforcement actions. However, the company has notified the 

NRC of actions it has taken to prevent a recurrence, including obtaining a license for work to be 

performed in areas of NRC jurisdiction, adding physical controls for gauges, instituting random 

checks of such controls and providing additional training for staff on storage and handling 

requirements for gauges. 

 The company is required to provide the NRC with a response to the civil penalty within 

30 days. The agency will conduct additional inspection to verify the firm’s implementation of its 

corrective actions. 

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