NRC TO HOLD CONFERENCE ON MARCH 7WITH MASSACHUSETTS FIRMOVER

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NRC TO HOLD CONFERENCE ON MARCH 7WITH MASSACHUSETTS FIRMOVER USE, STORAGE OF DEVICES IN NRC JURISDICTIONS OUTSIDE OF STATENuclear Regulatory Commission staff will meet with representatives of a Wilmington,Mass., company on March 7 to discuss an apparent violation of agency regulations involving theuse and storage of devices containing nuclear materials in locations outside of Massachusetts thatare subject to NRC jurisdiction.The meeting with Morpho Detection, Inc. (MDI) is scheduled to begin at 10 a.m. at theNRC’s Region I Office, located at 475 Allendale Road in King of Prussia, Pa. Members of the public are invited to observe the session and will have an opportunity to communicate with NRCstaff regarding the subject following the meeting with the company.MDI is a manufacturer of explosive-detection systems used in airport security and bordercontrol. It is authorized by the NRC to distribute ion mobility spectrometer devices containinglicensed nuclear material, but the firm’s NRC license does not permit the possession or use of thedevices. Rather, MDI holds a license from Massachusetts allowing the possession and use ofnuclear material within that state, including the use of the devices for promotional purposes attemporary job sites throughout the commonwealth. (Massachusetts, like many other states, hasan agreement with the NRC whereby it licenses the possession and use of nuclear materialswithin its borders that would otherwise be regulated by the NRC.)In May 2011, MDI’s Radiation Safety Officer contacted the NRC to inquire aboutperforming work in states under the agency’s jurisdiction. Companies licensed by a state orstates are required to notify the NRC when they will be performing work using nuclear materialsin non-Agreement States, which is called filing for reciprocity. During an inspection at MDI’soffices on Aug. 4, 2011, an NRC inspector reviewed the company’s work activities and found that MDI was unable to present a complete set of NRC-approved documentation of reciprocityfilings for activities conducted between 2007 and 2011.Subsequently, MDI conducted an internal review of product shipments and uses attemporary job sites outside of Massachusetts and determined that NRC reciprocity requirementshad been misinterpreted by company staff. Further, the review indicated that about 60 NRC NEWSU.S. NUCLEAR REGULATORY COMMISSIONOffice of Public Affairs, Region I475 Allendale Road, King of Prussia, Pa. 19406E-mail: opa1@nrc.gov Site: www.nrc.govBlog: http://public-blog.nrc-gateway.govNo. I-12-005Contact: Diane Screnci, (610) 337-5330Neil Sheehan, (610) 337-5331Feb. 24, 2012Email: opa1.resource@nrc.gov
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specifically licensed units had been shipped to locations within NRC jurisdiction since 2007 without MDI having filed for reciprocity with the NRC. Those locations were in four states and the District of Columbia.In a letter dated Jan. 27, 2012, the NRC notified MDI that its failure to file forreciprocity, as required, on those approximately 60 occasions between Oct. 8, 2007, and March 28, 2011, constituted an apparent violation of NRC requirements.The decision to hold a predecisional enforcement conference does not mean that the NRChas determined that a violation has occurred or that enforcement action will be taken. Rather, theconference is being held to obtain information to assist the NRC in making an enforcementdecision.#