[Federal Register Volume 59, Number 174 (Friday, September 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22248]


[[Page Unknown]]

[Federal Register: September 9, 1994]


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NUCLEAR REGULATORY COMMISSION
[IA 94-018]

 

In the Matter of: Richard E. Odegard; Order Prohibiting 
Involvement in NRC-Licensed Activities (Effective Immediately)

I

    Richard E. Odegard has been employed as a radiographer in the field 
of industrial radiography since approximately 1978. On approximately 
June 20, 1989, Mr. Odegard was hired by the American Inspection 
Company, Inc. (AMSPEC). AMSPEC held Materials License No. 12-24801-01 
issued by the Nuclear Regulatory Commission (NRC or Commission) 
pursuant to 10 CFR Parts 30 and 34. This license authorized the conduct 
of industrial radiography activities in accordance with specified 
conditions. On April 30, 1992, the license was suspended as a result of 
significant safety violations and related safety concerns. Mr. Odegard 
was a Vice-President of AMSPEC at the time of license suspension.

II

    Between August 22, 1991 and November 12, 1992, the NRC Office of 
Investigations conducted an investigation of licensed activities at 
AMSPEC. During the course of this investigation, the AMSPEC license was 
suspended when a significant number of safety violations were 
identified. In addition, the investigation revealed that Mr. Odegard, 
in his capacity as a Vice-President and Area Manager for AMSPEC, 
conspired with other AMSPEC officials to deceive the Commission 
regarding training of employees and, in addition, deliberately provided 
false sworn testimony to NRC officials.
    AMSPEC submitted a Radiation Safety Manual as a part of its license 
application dated September 20, 1986. A part of this manual refers to 
employee training to satisfy the requirements of Appendix A of 10 CFR 
Part 34. This manual was incorporated as a part of License Condition 17 
of the AMSPEC license. 10 CFR 30.9(a) requires, in part, that 
information provided to the Commission by a licensee, and information 
required by the Commission's regulations to be maintained by the 
licensee, shall be complete and accurate in all material respects. 10 
CFR 30.10(a) requires, in part, that any licensee or any employee of a 
licensee may not:
    (1) Engage in deliberate misconduct that causes a licensee to be in 
violation of any rule, regulation, or limitation of any license, issued 
by the Commission, or
    (2) Deliberately submit to the NRC information that the person 
submitting the information knows to be incomplete or inaccurate in some 
respect material to the NRC.
    Between late 1989 and March 1, 1992, Mr. Odegard deliberately 
created false documents concerning the training of AMSPEC employees 
(documents that were required by the Commission's regulation to be 
maintained by AMSPEC), causing a violation of 10 CFR 30.9 by AMSPEC. 
During 1990 and 1991, Mr. Odegard deliberately provided unauthorized 
and improper aid to AMSPEC employees taking radiation safety 
examinations, a violation of License Condition 17. Between late 1989 
and the end of 1991, Mr. Odegard deliberately falsified records of 
quarterly personnel radiation safety audits, causing violations of 10 
CFR 30.9 and 34.11(d). On April 13, 1993, Mr. Odegard deliberately 
provided false testimony under oath during the NRC investigation, a 
violation of 10 CFR 30.10.
    On January 29, 1993, Mr. Odegard pled guilty to one felony count 
involving deliberate violations of the Atomic Energy Act based on his 
violations of these requirements.

III

    Based on the above, Mr. Odegard engaged in deliberate misconduct 
which caused AMSPEC to be in violation of the training requirements of 
License Condition 17 and NRC regulations, including 10 CFR 30.9 and 
34.11(d). The NRC must be able to rely on licensees and their employees 
to comply with NRC requirements, including the requirements to train 
and certify employees in radiation safety and procedures and the 
requirement to provide information that is complete and accurate in all 
material respects. Mr. Odegard's action in deliberately causing AMSPEC 
to be in violation of NRC requirements regarding training and 
completeness and accuracy of information and his deliberate 
misrepresentations to NRC officials in violation of 10 CFR 30.10 have 
raised serious doubt as to whether he can be relied on to comply with 
NRC requirements, specifically the requirement to provide complete and 
accurate information to the NRC. Mr. Odegard's deliberate misconduct, 
including his false statement to Commission officials, cannot and will 
not be tolerated.
    Consequently, I lack the requisite reasonable assurance that 
licensed activities can be conducted in compliance with the 
Commission's requirements and that the health and safety of the public 
will be protected if Mr. Odegard were permitted at this time to 
supervise or perform licensed activities in any area where the NRC 
maintains jurisdiction. Therefore, the public health, safety and 
interest require that Mr. Odegard be prohibited from engaging in NRC 
licensed activities (including supervising, training or auditing) for 
either an NRC licensee or an Agreement State licensee performing 
licensed activities in areas of NRC jurisdiction in accordance with 10 
CFR 150.20 for a period of five years from the date of this Order. In 
addition, for a period of five years commencing after completion of the 
five year period of probation, Mr. Odegard is required to notify the 
NRC of his employment by any person or entity engaged in NRC-licensed 
activities, to ensure that the NRC can monitor the status of Mr. 
Odegard's compliance with the Commission's requirements and his 
understanding of his commitment to compliance. Furthermore, pursuant to 
10 CFR 2.202, I find that the significance of the conduct described 
above is such that the public health, safety and interest require that 
this order be effective immediately.
    Accordingly, pursuant to sections 81, 161b, 161i, 182 and 186 of 
the Atomic Energy Act of 1954, as amended, and the Commission's 
regulations in 10 CFR 2.202, 10 CFR 30.10, and 10 CFR 150.20, it is 
hereby ordered, effective immediately, that:
    1. Richard E. Odegard is prohibited for five years from the date of 
this Order from engaging in NRC-licensed activities. NRC-licensed 
activities are those activities which are conducted pursuant to a 
specific or general license issued by the NRC, including, but not 
limited to, those activities of Agreement State licensees conducted 
pursuant to the authority granted by 10 CFR 150.20. During this time 
period, Mr. Odegard must also provide a copy of this Order to 
prospective employers who engage in NRC-licensed activities, at the 
time he accepts employment.
    2. For a period of five years after the five-year period of 
prohibition has expired, Richard E. Odegard shall, within 20 days of 
his acceptance of an employment offer involving NRC-licensed activities 
or his becoming involved in NRC-licensed activities, as defined in 
Paragraph IV.1 above, provide notice to the Director, Office of 
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, 
of the name, address, and telephone number of the employer or the 
entity where he is, or will be, involved in the NRC-licensed 
activities. In the first notification Mr. Odegard shall include a 
statement of his commitment to compliance with regulatory requirements 
and the basis why the Commission should have confidence that he will 
now comply with applicable NRC requirements.
    The Director, Office of Enforcement, may in writing, relax or 
rescind any of the above conditions upon demonstration by Mr. Odegard 
of good cause.

V

    In accordance with 10 CFR 2.202, Richard E. Odegard must, and any 
other person adversely affected by this Order may, submit an answer to 
this Order, and may request a hearing on this Order, within 20 days of 
the date of this Order.
    The answer may consent to this Order. Unless the answer consents to 
this Order, the answer shall, in writing and under oath or affirmation, 
specifically admit or deny each allegation or charge made in this Order 
and shall set forth the matters of fact and law on which Richard E. 
Odegard or any other person adversely affected relies and the reasons 
as to why the Order should not have been issued. Any answer or request 
for a hearing shall be submitted to the Secretary, U.S. Nuclear 
Regulatory Commission, ATTN: Chief, Docketing and Service Section, 
Washington, DC 20555. Copies also shall be sent to the Director, Office 
of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 
20555, to the Assistant General Counsel for Hearings and Enforcement at 
the same address, to the Regional Administrator, NRC Region II, 101 
Marietta Street, NW., Suite 2900, Atlanta, Georgia 30323, and to 
Richard E. Odegard if the answer or hearing request is by a person 
other than Richard E. Odegard. If a person other than Richard E. 
Odegard requests a hearing, that person shall set forth with 
particularity the manner in which his or her interest is adversely 
affected by this Order and shall address the criteria set forth in 10 
CFR 2.714(d).
    If a hearing is requested by Richard E. Odegard or another person 
whose interest is adversely affected, the Commission will issue an 
Order designating the time and place of any hearing. If a hearing is 
held, the issue to be considered at such hearing shall be whether this 
Order should be sustained.
    Pursuant to 10 CFR 2.202(c)(2)(i), Richard E. Odegard or any other 
person adversely affected by this Order, may, in addition to demanding 
a hearing, at the time the answer is filed or sooner, move the 
presiding officer to set aside the immediate effectiveness of the Order 
on the ground that the Order, including the need for immediate 
effectiveness, is not based on adequate evidence but on mere suspicion, 
unfounded allegations, or error.
    In the absence of any request for hearing, the provisions specified 
in Section IV above shall be final 20 days from the date of this Order 
without further order or processing. An answer or a request for hearing 
shall not stay the immediate effectiveness of this order.

    Dated at Rockville, Maryland this 26th day of August 1994.

    For the Nuclear Regulatory Commission.
James Lieberman,
Director, Office of Enforcement.
[FR Doc. 94-22248 Filed 9-8-94; 8:45 am]
BILLING CODE 7590-01-M