NRC PROPOSES $1,750 FINE FOR VIRGINIA FIRM FOR

NUCLEAR GAUGE VIOLATION

The Nuclear Regulatory Commission staff has proposed a $1,750 civil penalty for a 

Springfield, Va.-based company for a violation of agency requirements involving the control and 

security of a portable nuclear gauge. The device, which contains radioactive material, is used for 

industrial purposes, such as measuring the density of soil at construction sites.

The violation was identified during an NRC inspection performed at the Manassas Park, 

Va., office of Construction Testing and Engineering (CTE), Inc., on March 15, 2011. The 

purpose of the inspection was two-fold: To examine the firm’s general licensed activities as they 

relate to radiation safety and its compliance with NRC regulations; and to review CTE’s loss of a 

portable nuclear gauge from a temporary job site in Washington, D.C., on Oct. 26, 2010. During 

that event, a CTE technician’s vehicle was stolen while it was unattended and the gauge, which 

was in a locked transport case in the vehicle’s trunk, was removed by an individual or individuals 

who were not authorized to do so. .

Based on the inspection, the NRC staff determined that CTE did not adhere to agency 

requirements for security of a portable nuclear gauge. CTE employees failed to use a minimum 

of two independent physical controls to secure the gauge from unauthorized removal whenever 

the device was not under the control and constant surveillance of company employees. The 

vehicle’s locked trunk served only as a single barrier to prevent unauthorized removal of the 

gauge, when a minimum of two was required.

The gauge was subsequently found outside of the transport case by a member of the 

public on Oct. 27, 2010, at a location near where the vehicle had been stolen. CTE retrieved the 

gauge and verified that the radioactive sources contained inside were in a shielded and locked 

position, and that the gauge was not damaged or leaking.

“Although the vehicle, rather than the gauge, may have been the target of the theft, not 

securing the gauge with two independent physical controls made it easier for the gauge to be 

removed without authorization. In fact, the gauge was removed from its transport case and was 

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: www.nrc.gov

Blog: http://public-blog.nrc-gateway.gov

No. I-11-036

Contact: Diane Screnci, (610) 337-5330

 Neil Sheehan, (610) 337-5331

September 27, 2011

Email: OPA1.RESOURCE@nrc.gov
left in a public area, thereby causing the potential for a member of the public to be exposed to 

radiation or to use the gauge for malevolent purposes,” NRC Region I Administrator Bill Dean 

wrote in a letter to CTE regarding the enforcement action.

There was no impact on public health and safety as the radioactive sources remained 

within the appropriate shielding device.

CTE provided the NRC with a written response on June 14, 2011, in which it 

acknowledged the violation and discussed corrective actions it had undertaken.

The company is required to provide the NRC with a written reply to the enforcement 

action within 30 days.

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