No. IV-10-004 

Contact: Victor Dricks 

Phone: (817) 860-8128 

 

March 2, 2010 

 E-Mail: OPA4.Resource@nrc.gov

NRC ISSUES CONFIRMATORY ORDER TO NATIONAL INSTITUTE OF 

STANDARDS AFTER AGREEMENT IS REACHED UNDER THE ALTERNATE 

DISPUTE RESOLUTION 

INDIVIDUAL IS BARRED FROM 

NRC-LICENSED ACTIVITY FOR ONE YEAR 

The National Institute of Standards and Technology (NIST) has agreed to pay a $10,000 

fine and implement a series of corrective actions related to radiation safety under an agreement 

reached with the Nuclear Regulatory Commission. In addition, a former radiation safety officer 

(RSO) at the NIST’s facility in Boulder, Colo. will be prohibited from engaging in any NRClicensed activities for one year for deliberate misconduct involving failure to provide complete 

and accurate information to the NRC. 

The settlement with the NIST was achieved under the NRC’s Alternative Dispute 

Resolution (ADR) process, which was initiated at the request of the NIST. The objective was to 

reach a preliminary settlement agreement and address ten apparent violations that were identified 

in an inspection report following a June 9, 2008 plutonium contamination spill. On Nov. 2, 2009, 

the NRC shared results of its special inspection and investigation with the NIST. 

In addition, the NRC found that willfulness may have been involved in that it appeared 

that a former RSO at the NIST-Boulder facility deliberately failed to provide complete and 

accurate information to the NRC in a 2007 license amendment application. This misinformation 

and misconduct led to the plutonium spill that later followed. 

 

In response to the report, the NIST informed the agency on Nov. 4, 2009, that they were 

interested in the use of the ADR session to resolve the matter. ADR is a process in which a 

neutral mediator with no decision-making authority assists the parties in reaching an agreement 

or resolving any differences regarding a dispute. An ADR mediation session took place on Jan. 

5, 2010, and led to an agreement which is detailed in the Confirmatory Order newly issued by 

the NRC. Under the agreement, the NIST will comply with the following elements: 

• Complete an independent assessment of the radiation safety program at the Boulder 

facility. 

• Submit copies of the required annual radiation safety audit to the NRC. 

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• Develop and implement a procedure for training new employees on radiation safety 

policies and procedures. 

• Upgrade initial and refresher training for employees who work with radioactive materials, 

including a review of lessons learned from the plutonium spill and associated apparent 

violations. 

• Submit a license amendment request for deletion of the radionuclides on the NISTBoulder license that NIST no longer plans to use. 

• Develop a formal radiation hazards analysis process. 

• Revise the NIST Ionizing Radiation Safety Committee charter to require additional 

review of NRC submittals. 

• Revise the NIST radiation safety program policy to indicate that all individuals are 

required to provide complete and accurate information to the NRC. 

• Develop a clearly defined process for acquiring radioactive materials. 

In a separate order and letter to the former RSO at the NIST-Boulder facility, the NRC is 

prohibiting the individual from all NRC-licensed activity for one year. This is in response to the 

NRC special inspection and investigation findings that show the former RSO knowingly 

provided information that was incomplete and inaccurate in a 2007 license amendment 

application that he prepared and submitted on behalf of NIST. The NRC approved the license 

amendment which allowed for the NIST to handle nuclear materials such as plutonium. 

Copies of the enforcement actions will be posted on the NRC web site at: 

http://www.nrc.gov/reading-rm/doc-collections/enforcement/actions. 

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