# NRC CAL – NOVCP (SL III) $3,500
> **EA-13-215** · CAL · Severity SLIII · Issued 2014-02-06 · Materials Licensees
## Action
- **EA Number:** EA-13-215
- **Licensee:** NOVCP (SL III) $3,500
- **Category:** Materials Licensees
- **Action type:** CAL
- **Severity level:** SLIII
- **Date issued:** 2014-02-06
## Description

On February 6, 2014, the NRC issued a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $3,500 to Valley Quarries Inc. (VQI), for a Severity Level III Problem for three related violations. The three violations involved VQI's willful failure to: (1) secure the gauge containing radioactive materials to prevent from shifting during transport as required by 10 CFR 71.5; (2) control and maintain constant surveillance of the gauge that is in an unrestricted area as required by 10 CFR 20.1802; and (3) use two independent physical controls that form tangible barriers to secure the gauge from unauthorized removal in accordance with 30.34(i). Specifically, on May 3, 2013, VQI, a licensee of the Commonwealth of Pennsylvania, while working under reciprocity in a non-Agreement State, did not secure a portable gauge containing licensed materials to prevent shifting while transporting it in the back of a pickup truck over a public highway, an unrestricted area, in West Virginia. Consequently, the gauge fell out of the truck bed on a highway and was left unsecured in an area not controlled by the licensee. The gauge was found by a member of the public who subsequently returned it to the licensee through the Agreement State regulator.

## Source
- [Full enforcement letter (PDF)](https://www.nrc.gov/docs/ML1403/ML14037A235.pdf)
- [NRC Materials Licensees index](https://www.nrc.gov/reading-rm/doc-collections/enforcement/actions/materials/)
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