No. III-09-029 

Contacts: 

Viktoria Mitlyng 630-829-9662 

Prema Chandrathil 630-829-9663 

 October 8, 2009 

 E-Mail: opa3@nrc.gov 

Web site: www.nrc.gov

 

NRC ISSUES CONFIRMATORY ORDERS TO EARTH 

EXPLORATION AND ITS RADIATION SAFETY OFFICER

 The Nuclear Regulatory Commission has issued Confirmatory Orders requiring Earth 

Explorations Inc., and the company’s radiation safety officer (RSO) to correct deficiencies that 

resulted in the company’s failure to follow NRC regulations for the possession and use of nuclear 

materials. The company is headquartered in Indianapolis, Ind. 

 The company is licensed to work with nuclear gauges used to measure the moisture and 

density of compacted soil at construction sites. In July 2008, a routine NRC inspection identified 

violations of NRC regulations such as following procedures, properly securing and handling 

nuclear gauges and failing to ensure the RSO abided by NRC regulations. The NRC found that 

the RSO did not adhere to agency regulations in areas such as performing checks on the radiation 

protection program, ensuring nuclear gauge users did not receive an excess radiation dose and 

meeting the conditions of the NRC license. There was no harm caused to members of the public 

or employees in these cases. 

 The Confirmatory Order requires Earth Exploration to perform independent audits of the 

radiation safety program for five years, make sure the RSO assistants and managers receive 

training to understand program requirements, conduct specialized training sessions for 

employees, and develop a plan to inform other organizations about the steps taken by the 

company for ensuring a robust radiation safety program. After the NRC identified the violations, 

the company took immediate action to correct all of them. 

 A separate Confirmatory Order requires the RSO to conduct a lessons learned training 

session for employees, inform other organizations of the lessons learned so they can avoid 

similar problems, inform the NRC and Earth Explorations of completed activities, and submit a 

plan of action on how the RSO will ensure these duties will be accomplished. 

 The Confirmatory Orders document the commitments to the NRC reached as a result of 

the Alternative Dispute Resolution (ADR) process. The ADR process uses a neutral mediator 

with no decision-making authority to assist the NRC and its license holders in resolving 

differences regarding enforcement actions. Often, the ADR process is more effective than 

traditional enforcement in developing broad, long-term corrective actions, thus producing a 

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greater benefit for employee and public safety than a one-time fine or other enforcement action. 

 “As a result of the successful ADR process both Earth Exploration and the RSO will be 

required to take additional actions to ensure these violations of NRC requirements don’t happen 

again,” said NRC Region III Administrator Mark A. Satorius. “The use of nuclear materials is a 

big responsibility and we want to make sure it is done safely.” 

 The NRC will not issue any violation or take other enforcement actions for these issues. 

However, the NRC staff will evaluate the commitments during future inspections. Copies of the 

Confirmatory Orders issued will be available on the NRC Web Site at: 

http://www.nrc.gov/reading-rm/adams.html. 

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