[Federal Register Volume 69, Number 55 (Monday, March 22, 2004)]
[Notices]
[Pages 13336-13339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6275]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 030-33765; License No. 24-26628-01; EA-03-177]
KTL Roudebush Testing, Kansas City, MO; Order Suspending License
(Effective Immediately) and Demand for Information
KTL Roudebush Testing (Licensee) is the holder of Byproduct
Material License No. 24-26628-01 issued by the Nuclear Regulatory
Commission (NRC or Commission) pursuant to 10 CFR parts 30 and 34. The
license authorizes the possession and use of iridium-192 in sealed
sources for industrial radiography, and cesium-137 and americium-241 in
sealed sources for measuring physical properties of materials, at
temporary job sites of the Licensee anywhere in the United States where
the NRC maintains jurisdiction for regulating the use of licensed
material. The license identifies Christopher V. Roudebush as the
Radiation Safety Officer (RSO). Mr. Roudebush is the President and
owner of KTL Roudebush Testing, and he serves as a Licensee
radiographer. The license, originally issued on November 20, 1995, was
last amended on January 16, 2004, and is due to expire on March 31,
2011.
On April 8, 2003, two NRC inspectors attempted to inspect the
Licensee's activities and inquired about radiography at temporary job
sites. The Licensee's RSO indicated that the Licensee might be
performing radiography work at the Kansas City Power & Light Iatan
Generating Station located in Weston, Missouri on either Thursday or
Friday (April 10 or 11, 2003). On the morning of April 10, 2003, the
inspectors again called the Licensee inquiring about radiography at
temporary job sites. A Licensee employee, a radiographer's assistant,
answered and stated that the Licensee's staff had just finished
radiography at a temporary job site in Weston, Missouri, and was
preparing to return to the main office. Following the telephone
conversation, the inspectors drove to the Licensee's office at 1606
Cherry Street, Kansas City, Missouri and waited for the work crew to
return. When a Licensee
[[Page 13337]]
radiographer returned to the office, the inspectors evaluated the
Licensee's transport of the radiographic exposure devices within the
vehicle and discovered that one of the devices was not properly secured
in the vehicle and shipping papers were not present.
When the RSO returned to the office, the inspectors conducted an
inspection of the Licensee's records that are required by 10 CFR Part
34. During the inspection, the RSO presented the inspectors with four
records of the quarterly maintenance/inspection of radiographic
exposure devices. Two records were dated March 30, 2002, and two
records were dated March 28, 2003. The records were blank, other than
the device identifiers and the dated signature of the RSO. When
questioned about the blank records, the RSO stated that the 2002
maintenance/inspections were completed after the dated signature and
the resulting records were entered into his office desktop computer.
The RSO also stated that the records for the maintenance/inspection of
exposure devices for the second through fourth quarters of 2002 were
not available. The RSO claimed that a Licensee employee had entered the
information into the computer and he was unable to retrieve these
records. The RSO also claimed that the employee may have removed these
records when he left the company under unfavorable conditions. On April
14, 2003, one of the inspectors interviewed the former employee by
telephone. The former employee denied entering any records of
radiographic operations into a computer system maintained by the
Licensee and recalled the completed records were normally handwritten.
The inspection resulted in nine unresolved items.
On April 21, 2003, the NRC Office of Investigation was asked to
look into concerns regarding potential willful/deliberate violations of
NRC requirements by the RSO. These concerns included: (1) Deliberately
falsifying exposure device records; (2) deliberately providing
incomplete and inaccurate information regarding the performance of
quarterly inspections; (3) deliberately failing to perform quarterly
inspections; (4) deliberately failing to properly secure an exposure
device during transportation; and (5) deliberately violating the two-
man rule requirement at a temporary job site in Joplin, Missouri.
On September 16, 2003, the NRC was contacted by a former Licensee
radiographer's assistant, who informed the NRC that the RSO had asked
him after the April 2003 NRC inspection to falsify the missing records
and to manipulate the computer data so it would not appear as if the
records were backdated. After the former Licensee employee told the RSO
that he would not be able to manipulate the computer data, the former
employee stated that the RSO hid the computer in the attic and
subsequently destroyed the computer after he was issued a subpoena for
the computer contents. The former Licensee employee also stated that
the RSO was hiring personnel with no previous radiography experience
from a temporary agency and the temporary personnel were not provided
with the required training or radiation dosimetry. On September 18,
2003, these concerns were provided to the NRC Office of Investigations
for inclusion in its ongoing investigation.
On October 23, 2003, an NRC inspection was conducted at a temporary
job site in Livingston County, Missouri. Based on the results of this
inspection, three violations of NRC requirements were identified
involving: (1) A failure to have shipping papers readily accessible in
the vehicle cab when the driver is not at the vehicle's controls; (2) a
failure to provide the emergency response telephone number on the
shipping papers; and (3) a failure to amend the license to reflect a
name change from PSI Inspection, Inc. to KTL Roudebush Testing.
On February 18, 2004, the NRC Office of Investigation (OI) issued
its report (Case No. 3-2003-009) and substantiated nine deliberate
violations of NRC requirements. Based on the results of the April 2003
inspection and the OI investigation, the following deliberate
violations of regulatory requirements have been identified:
1. On April 10, 2003, October 28 and 29, 2002, and on several
occasions between October 2001 and January 2002, the Licensee's RSO,
who is also the President and Owner of KTL Roudebush Testing,
deliberately conducted radiography at locations other than a permanent
radiographic installation (temporary job sites), and the RSO/
radiographer was not accompanied by an additional qualified individual
who could observe the operations and was capable of providing immediate
assistance to prevent unauthorized entry, as required by 10 CFR 34.41.
2. On April 10, 2003, and on October 28 and 29, 2002, the
Licensee's RSO deliberately permitted individuals to act as a
radiographer's assistant before these individuals had successfully
completed the Licensee's training program for radiographer's
assistants, as required by 10 CFR 34.43(c) and License Condition 26.
3. On October 28, 2002, the Licensee's RSO deliberately permitted
an individual who was not wearing a direct-reading pocket dosimeter, an
alarming ratemeter, and either a film badge or a thermoluminescent
dosimeter, as required by 10 CFR 34.47(a), to act as a radiographer's
assistant.
4. As of April 12, 2003, the Licensee's RSO deliberately failed to
conduct inspections and routine maintenance of Licensee radiographic
exposure devices and associated equipment during the first quarter of
2003, an interval exceeding three months, as required by 10 CFR
34.31(b).
5. On April 8, 2003, the Licensee's RSO deliberately provided
inaccurate and incomplete information to an NRC inspector regarding the
maintenance of records of quarterly inspections of radiographic
exposure devices, required to be maintained in accordance with 10 CFR
34.73. The RSO stated that the required inspections had been conducted
in calendar year 2002 and that electronic records of the subject
inspections were prepared by another named individual. Transcribed
sworn statements by one or more individuals indicated that the Licensee
never prepared the subject records, electronic or handwritten, in
calendar year 2002.
6. On August 5, 2003, the Licensee's RSO deliberately provided
inaccurate and incomplete information to an NRC Office of
Investigations Special Agent and deliberately did not afford the
Commission an opportunity to inspect records of quarterly maintenance
and inspections of radiographic exposure devices, required to be
maintained in accordance with 10 CFR 34.73. The Licensee's RSO
deliberately failed to provide information requested in a subpoena for
the hard disk drive data, including any magnetic or optical media,
floppy disks, zip disks, and compact disks, pertaining to the
Licensee's quarterly maintenance and inspection logs for the year 2002.
The Licensee's RSO stated that he had thrown the computer in the trash
because it was not working. However, a licensee employee notified the
NRC that the computer was in the attic in August and was destroyed by
the owner, after the subpoena had been served.
7. On April 10, 2003, and between October 2001 and January 2002,
the Licensee's RSO transported on public highways a SPEC Model 150
radiographic exposure device (package), containing a nominal 142 curie
iridium-192 sealed source, and the Licensee deliberately did not block
and brace the package such that it could not change position during
conditions normally
[[Page 13338]]
incident to transportation, as required by 10 CFR 71.5(a) and 49 CFR
177.842(d). Specifically, two radiographic exposure devices were
transported in the back of a company truck and one of the exposure
devices was not properly blocked or braced.
8. On April 10, 2003, the Licensee's RSO deliberately transported a
SPEC Model 150 radiographic exposure device, containing a nominal 142
curie iridium-192 sealed source, by highway without a shipping paper
and the material was not excepted from shipping paper requirements, as
required by 10 CFR 71.5(a) and 49 CFR 177.817(a).
9. On April 10, 2003, the Licensee's RSO deliberately transported a
radiographic exposure device, containing a nominal 142 curie iridium-
192 sealed source, without its safety cover installed to protect the
source assembly from water, mud, sand or other foreign matter, as
required by 10 CFR 34.20(c)(3).
The NRC must be able to rely on the Licensee and its employees to
comply with all NRC requirements and to ensure that radiography is not
conducted unless all required qualified individuals are present, have
completed all required training, and are wearing all required dosimetry
(i.e., a direct-reading pocket dosimeter, alarming ratemeter, and a
film badge or a thermoluminescent dosimeter). The failure to ensure
that qualified individuals with appropriate dosimetry are present
during radiography is a significant safety issue. The purpose of the
second qualified individual is to observe radiographic operations, to
provide immediate assistance to prevent unauthorized entry into areas
where radiography is being conducted, and to assist the radiographer in
case of an event involving the radiography source. The purpose of
dosimetry, in particular the alarming ratemeter, is to provide
information to the individuals involved in radiographic operations that
there is a substantial radiation dose rate present, thereby allowing
individuals to take appropriate precautions to reduce their exposures
and those of the public.
In addition, the NRC must be able to rely on its licensees to
maintain accurate records and to provide information to the NRC that is
complete and accurate in all material respects. Based on the violations
described in Section II above, the Licensee has deliberately failed to
comply with NRC requirements, and has deliberately provided inaccurate
and incomplete information to the NRC. These actions by the Licensee
have raised serious doubt as to whether the Licensee can be relied upon
in the future to comply with NRC requirements.
Consequently, I lack the requisite reasonable assurance that the
Licensee's current operations under License No. 24-26628-01 can be
conducted in compliance with the Commission's requirements and that the
health and safety of the public, including the Licensee's employees,
will be protected. Therefore, the public health, safety, and interest
require that License No. 24-26628-01 be suspended. Furthermore,
pursuant to 10 CFR 2.202, the significance of the violations described
in Section II above is such that the public health, safety, and
interest require that this Order be immediately effective.
In addition to these deliberate violations which occurred within
NRC's jurisdiction, and upon which this Order is based, the
investigation conducted by the NRC Office of Investigations determined
that the following activities occurred in the State of Kansas, an NRC
Agreement State. On February 17 and March 6, 2003, and on several
occasions between May and October 2002, the Licensee deliberately
conducted radiography at temporary job sites and the radiographer was
not accompanied by an additional qualified individual. On February 17
and March 6, 2003, the Licensee deliberately permitted individuals to
act as a radiographer's assistants before they had successfully
completed the Licensee's training program for radiographer's
assistants, and these individuals did not wear a direct-reading pocket
dosimeter, an alarming ratemeter, and either a film badge or a
thermoluminescent dosimeter while conducting radiography.
Accordingly, pursuant to Sections 81, 161b, 161i, 161o, 182 and 186
of the Atomic Energy Act of 1954, as amended, and the Commission's
regulations in 10 CFR 2.202 and 10 CFR Parts 30 and 34, it is hereby
ordered, effective immediately, that License No. 24-26628-01 is
suspended pending further order:
A. All activities authorized by License No. 24-26628-01 involving
the use of licensed material are hereby suspended pending further
action by the NRC. All other requirements of the license remain in
effect.
B. All activities authorized by 10 CFR 150.20 involving the use of
licensed material in Non-Agreement States and areas of exclusive
federal jurisdiction are hereby suspended.
C. All NRC-licensed material in the Licensee's possession shall
immediately be placed in secured storage at the Licensee's facility
located at 1606 Cherry Street, Kansas City, Missouri.
D. Within 24 hours following issuance of this Order, the Licensee
shall notify Mr. Marc Dapas, Director, Division of Nuclear Materials
Safety, NRC Region III, or his designee, at telephone number (630) 829-
9801 and advise him of the current location, physical status, and
storage arrangements of licensed materials. A written response
documenting this information shall be submitted, under oath or
affirmation, to the Regional Administrator, NRC Region III, 801
Warrenville Road, Suite 255, Lisle, IL 60532-3451 within seven days of
receipt of this Order.
E. No material authorized by the license shall be ordered,
purchased, received, or transferred by the Licensee while this Order is
in effect.
F. All records related to licensed activities and materials shall
be maintained in their original form and must not be removed,
destroyed, or altered in any way.
The Director of the Office of Enforcement, the Director of the
Office of Nuclear Materials Safety and Safeguards, or the Regional
Administrator, Region III, may, in writing, relax or rescind this Order
upon demonstration by the Licensee of good cause.
In accordance with 10 CFR 2.202, the Licensee 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. Where good cause is shown, consideration will be
given to extending the time to request a hearing. A request for
extension of time must be made in writing to the Director, Office of
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555,
and include a statement of good cause for the extension. 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 set
forth the matters of fact and law on which the Licensee or 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:
Rulemakings and Adjudications Staff, Washington, DC 20555. Copies of
the hearing request also should be sent to the Director, Office of
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, to the Assistant General Counsel for Materials
[[Page 13339]]
Litigation and Enforcement at the same address, to the Regional
Administrator, NRC Region III, 801 Warrenville Road, Suite 255, Lisle,
IL 60532-4351, and to the Licensee if the hearing request is by a
person other than the Licensee. Because of continuing disruptions in
delivery of mail to United States Government offices, it is requested
that answers and requests for hearing be transmitted to the Secretary
of the Commission either by means of facsimile transmission to 301-415-
1101 or by e-mail to [email protected] and also to the Office of
the General Counsel either by means of facsimile transmission to 301-
415-3725 or by e-mail to [email protected]. If a person other than
the licensee requests a hearing, that person shall set forth with
particularity the manner in which his interest is adversely affected by
this Order and shall address the criteria set forth in 10 CFR Sec.
2.309.
If a hearing is requested by the Licensee or a 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), the Licensee, 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, or written approval of
an extension of time in which to request a hearing, the provisions
specified in Section IV above shall be final 20 days from the date of
this Order without further order or proceedings. If an extension of
time for requesting a hearing has been approved, the provisions
specified in Section IV shall be final when the extension expires if a
hearing request has not been received. An answer or a request for
hearing shall not stay the immediate effectiveness of this order.
In addition to issuance of this Order suspending License No. 24-
26628-01, the NRC requires further information from the Licensee in
order to determine whether the NRC can have reasonable assurance that
in the future the Licensee will conduct its activities in accordance
with the NRC's requirements.
Accordingly, pursuant to sections 161c, 161o, 182 and 186 of the
Atomic Energy Act of 1954, as amended, and the NRC's regulations in 10
CFR 2.204 and 10 CFR parts 30 and 34, in order for the NRC to determine
whether the license should be further modified or revoked, or other
enforcement action taken, the Licensee is required to submit to the
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, within 20 days of the date of this Order and
Demand for Information, in writing and under oath or affirmation:
1. An explanation as to why, in light of the findings set forth in
Section II of this Order and Demand for Information, that License No.
24-26628-01 should not be revoked.
2. If the Licensee believes that the license should not be revoked,
the Licensee, in its response, should address, at a minimum, why the
NRC should have reasonable assurance that the Licensee, in the future,
will ensure appropriate management oversight of licensed activities
such that licensed activities will be conducted in accordance with
regulatory requirements (this shall include a description of who will
be responsible for assuring such activities are conducted in accordance
with 10 CFR parts 30 and 34 requirements).
Copies also shall be sent to the Assistant General Counsel for
Materials Litigation and Enforcement at the same address, and to the
Regional Administrator, NRC Region III, 801 Warrenville Road, Suite
255, Lisle, IL 60532-4351.
After reviewing your response, the NRC will determine whether
further action is necessary to ensure compliance with regulatory
requirements.
Dated this 11th day of March 2004.
For the Nuclear Regulatory Commission.
Carl J. Paperiello,
Deputy Executive Director for Materials, Research and State Programs.
[FR Doc. 04-6275 Filed 3-19-04; 8:45 am]
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