[Federal Register Volume 70, Number 7 (Tuesday, January 11, 2005)]
[Notices]
[Pages 1908-1911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-478]


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NUCLEAR REGULATORY COMMISSION

[IA-04-019]


Christopher V. Roudebush; Order Prohibiting Involvement in NRC-
Licensed Activities (Effective Immediately)

I

    KTL Roudebush Testing (Licensee) is the holder of Byproduct 
Material License No. 24-26628-01 issued by the U.S. Nuclear Regulatory 
Commission (NRC or Commission) pursuant to 10 CFR 30 and 34. The 
license authorizes the possession and use of iridium-192 in sealed 
sources for industrial radiography. The license also authorizes the 
possession and use of cesium-137 and americium-241 in sealed sources to 
be used in portable gauges for measuring physical properties of 
materials. In addition, the license authorizes the possession of 
depleted uranium, as solid metal, for shielding in radiography 
equipment. The license was originally issued on November 20, 1995. 
License Amendment No. 4 was issued on January 16, 2004, to change the 
name of the Licensee from PSI Inspection, Inc. to KTL Roudebush 
Testing. The license was amended in its entirety on February 5, 2004 
(Amendment No. 5) and is due to expire on March 31, 2011. The license 
was suspended by NRC Order on March 11, 2004 (EA-03-0177) (69 FR 
13336), which was effective immediately. Additionally, the NRC staff 
informed the Licensee, on September 15, 2004, that an extension of time 
for requesting a hearing on the March 11, 2004, Order Suspending 
License was granted until 20 days following the final disposition of 
the issues described in the Suspension Order. Christopher V. Roudebush 
is the President and owner of KTL Roudebush Testing. The license 
identifies Mr. Roudebush as the Radiation Safety Officer (RSO). Mr. 
Roudebush also serves as a radiographer for the Licensee.

II

    Based on the results of a routine inspection by the NRC staff and 
an investigation by the NRC Office of Investigations (OI), the NRC 
determined that Christopher V. Roudebush, the President, owner, 
Radiation Safety Officer of, and a radiographer for, KTL Roudebush 
Testing, engaged in deliberate misconduct that caused the Licensee to 
be in violation of numerous NRC radiation safety requirements, 
including the requirements to: have a sufficient number of qualified 
personnel present at temporary job sites; provide radiation safety 
training and dosimetry to employees; conduct inspections and 
maintenance of industrial radiography equipment at specified intervals; 
and maintain records of NRC required inspection and maintenance 
activities. The NRC also determined that Mr. Roudebush deliberately 
provided incomplete and inaccurate information to NRC inspectors and 
investigators, and Mr. Roudebush deliberately prevented NRC inspectors 
and investigators from having access to NRC-required records.
    As a result of the activities of Mr. Roudebush, the NRC issued an 
Order Suspending License (Effective Immediately) and Demand for 
Information to KTL Roudebush Testing on March 11, 2004. The apparent 
violations were described in Inspection Report No. 030-33765/2003-001 
(DNMS), OI Report No. 3-2003-009, and the Order Suspending License 
(Effective Immediately) issued on March 11, 2004. The Suspension Order 
required KTL Roudebush Testing to suspend its use of NRC-licensed 
material and to place the material in safe storage pending further 
deliberation by the NRC regarding the apparent deliberate violations. 
The apparent deliberate violations giving rise to the Order Suspending 
License were

[[Page 1909]]

described therein and, in summary, included the following:
    1. On April 10, 2003, October 28 and 29, 2002, and on several 
occasions between October 2001 and January 2002, Mr. Roudebush 
deliberately conducted industrial radiography at locations other than a 
permanent radiographic installation (field locations or temporary job 
sites) without having an additional qualified individual present who 
could observe the radiographic 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, Mr. Roudebush 
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 Condition No. 26 of NRC License No. 24-26628-01.
    3. On October 28, 2002, Mr. Roudebush 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, Mr. Roudebush deliberately failed to 
conduct inspections and routine maintenance of Licensee radiographic 
exposure devices and associated equipment during the first quarter of 
Calendar Year 2003, an interval exceeding three months, as required by 
10 CFR 34.31(b).
    5. On April 8, 2003, Mr. Roudebush deliberately provided inaccurate 
and incomplete information to an NRC inspector about maintaining 
records of quarterly inspections of radiographic exposure devices, as 
required to be maintained in accordance with 10 CFR 34.73.
    6. On August 5, 2003, in response to a subpoena from the NRC, Mr. 
Roudebush deliberately provided inaccurate and incomplete information 
to a Special Agent of the NRC Office of Investigations when he stated 
that he had destroyed a computer described in a subpoena from the NRC. 
Mr. Roudebush deliberately failed to afford the Commission an 
opportunity to inspect records of quarterly maintenance and inspections 
of radiographic exposure devices that were required to be maintained in 
accordance with 10 CFR 34.73.
    7. On April 10, 2003, and between October 2001 and January 2002, 
Mr. Roudebush transported on public highways a SPEC Model 150 
radiographic exposure device (package), containing a nominal 142 curie 
iridium-192 sealed source, and he deliberately did not block and brace 
the package such that it could not change position during conditions 
normally 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, Mr. Roudebush deliberately transported a SPEC 
Model 150 radiographic exposure device, containing a nominal 142 curie 
iridium[dash]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, Mr. Roudebush 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(3).

III

    The March 11, 2004, Order Suspending License also contained a 
Demand for Information issued pursuant to 10 CFR 2.204. The Demand for 
Information required the Licensee to provide in writing, under oath or 
affirmation, an explanation as to why, in light of the inspection and 
investigation findings, License No. 24-26628-01 should not be revoked. 
The Demand for Information also provided that should the Licensee 
believe that the license should not be revoked, the Licensee must 
provide in a written response, under oath or affirmation, reasonable 
assurance that in the future all licensed activities will be conducted 
with appropriate management oversight to ensure all licensed activities 
will be performed in accordance with regulatory requirements. By letter 
dated March 17, 2004, the Licensee requested additional time to respond 
to the Demand for Information. The NRC granted the request for 
additional time on April 2, 2004. On June 3, 2004, the Licensee 
provided the written response required by the Demand for Information 
and also requested a hearing on the Order Suspending License.
    On June 14, 2004, the Licensee withdrew the request for hearing 
upon the NRC granting the Licensee's request to meet with the NRC 
staff, and consequently the NRC staff extended the time for the 
Licensee to request a hearing on the Order Suspending License. 
Representatives of the Licensee met with the NRC staff on July 21, 
2004, in the NRC Region III Office in Lisle, Illinois.
    In the Licensee's written response to the Demand for Information 
and at the July 21, 2004, meeting with the NRC staff, Christopher V. 
Roudebush, the President, owner, and Radiation Safety Officer of KTL 
Roudebush Testing, stated that he made mistakes and he had lapses in 
judgment as a businessman; however, none of the violations were 
deliberate in nature. Mr. Roudebush stated that he planned to hire only 
experienced individuals in the future and he would no longer hire 
individuals from a temporary labor agency. According to Mr. Roudebush, 
he hired a second radiographer to be an additional Radiation Safety 
Officer in order to help with the completion of NRC-required 
inspections and audits and the maintenance of related records.

    (Note: On December 20, 2003, the Licensee submitted a license 
amendment request to the NRC, requesting an individual be added to 
the license as the Assistant Radiation Safety Officer. License 
Amendment No. 4 was issued on January 16, 2004, and listed that 
individual as the Assistant Radiation Safety Officer.)

    The NRC staff carefully considered the Licensee's response to the 
Demand for Information and the additional information provided during 
the meeting held on July 21, 2004. Notwithstanding the Licensee's 
arguments, the NRC concludes that the apparent deliberate violations 
specified in the Suspension Order occurred as stated. For example, Mr. 
Roudebush admitted in the response to the Demand for Information and at 
the July 21, 2004, meeting, that he violated the NRC requirement to 
have two qualified individuals present during radiographic operations; 
however, he denied that the violation was deliberate. He explained that 
he received his training and certification as a radiographer in the 
State of Texas and the regulations in the State of Texas required only 
one certified radiographer. He also denied during the meeting on July 
21, 2004, that he had received a prior Notice of Violation associated 
with the ``two-man rule,'' 10 CFR 34.41(a). However, the NRC issued a 
Notice of Violation to the Licensee on January 18, 2000, associated 
with the ``two man rule,'' 10 CFR 34.41(a). The inspection report 
containing the violation (No. 030-33765/99-001(DNMS)) documents that 
Mr. Roudebush told an NRC inspector during the December 10, 1999, 
inspection that he was familiar with the

[[Page 1910]]

NRC's ``two man rule,'' 10 CFR 34.41(a). Therefore, the NRC staff 
concludes that the statements by Mr. Roudebush that he was not aware of 
the NRC requirement to have two qualified individuals present at a 
temporary job site and he did not deliberately violate the provisions 
of 10 CFR 34.41(a) were not credible.
    Additionally, Mr. Roudebush provided a lengthy explanation 
regarding the apparent deliberate failure to provide the information 
requested by the NRC subpoena, the opportunity to inspect the records 
contained in the computer, and the destruction of that computer. Mr. 
Roudebush stated that an employee threw computer parts from a truck 
operated by Mr. Roudebush after Mr. Roudebush had received the subpoena 
from the Office of Investigations. Mr. Roudebush admitted that he was 
present when his employee threw away the computer parts and he stated 
that he made no attempt to stop the employee from destroying the 
computer. Regardless of who may have actually destroyed the computer, 
Mr. Roudebush, as the Licensee's President, owner, and Radiation Safety 
Officer, was complicit in, and responsible for, deliberate violations 
of 10 CFR 30.9 and 10 CFR 30.52(b).
    The NRC staff carefully considered the Licensee's explanations 
provided in its response to the Demand for Information and at the 
meeting on July 21, 2004, regarding the other violations alleged in the 
Suspension Order. While Mr. Roudebush contends that he merely made 
mistakes and had lapses of judgment, the NRC concludes that the 
violations were deliberate and occurred as stated in the Order 
Suspending License. Therefore, an Order Revoking License was issued to 
KTL Roudebush Testing on December 30, 2004.

IV

    In addition to the deliberate violations described in Section III 
which occurred within the 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 a radiographer's assistant, 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. Based on these findings, on March 12, 2004, the 
State of Kansas issued an Emergency Order of Suspension of License 
(Case No. 04-E-0071) to KTL Inspection (as named on the Order and 
License). The license in the State of Kansas expired on June 30, 2004. 
Based on expiration of the license, summary judgment was entered 
without further action by the State of Kansas.

V

    As described in Section II and Section III, the deliberate acts and 
omissions of Christopher V. Roudebush violated NRC requirements over an 
extended period of time. These violations jeopardized the public health 
and safety, and on that basis, represent a significant regulatory 
concern. The deliberate violations also demonstrate that Mr. Roudebush 
is unable to comply with the Commission's requirements to protect the 
public health and safety, and the Commission is not able to rely upon 
the integrity of Mr. Roudebush. Such reliance is essential to assuring 
adequate protection of the public health and safety. 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. Roudebush is 
permitted to be involved in NRC-licensed activities. Therefore, the 
public health, safety and interest require that Christopher V. 
Roudebush be prohibited from any involvement in NRC-licensed activities 
for a period of five years from the date of this Order. Additionally, 
Mr. Roudebush is required to notify the NRC of his first employment in 
NRC-licensed activities for a period of five years following the 
prohibition period. Furthermore, pursuant to 10 CFR 2.202(a)(5), I find 
that the significance of Mr. Roudebush's conduct described above is 
such that the public health, safety and interest require that this 
Order be immediately effective.

VI

    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, 10 CFR 30.10, and 10 CFR 150.20, it is 
hereby ordered, effective immediately, that:
    A. 1. Christopher V. Roudebush is prohibited for five years from 
the date of this Order from engaging in NRC-licensed activities. NRC-
licensed activities are those activities that 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.
    2. Mr. Roudebush is permitted to conduct licensed activities as 
necessary to maintain licensed material in the possession of KTL 
Roudebush Testing in safe storage, as required by the March 11, 2004, 
Order Suspending License (Effective Immediately), and to transfer the 
material to an authorized recipient, as required by the December 30, 
2004, Order Revoking License.
    B. If Mr. Roudebush is currently involved with another licensee in 
NRC-licensed activities, he must immediately cease those activities, 
and inform the NRC of the name, address and telephone number of the 
employer, and provide a copy of this Order to the employer.
    C. For a period of five years after the five year period of 
prohibition has expired, Mr. Roudebush shall, within 20 days of 
acceptance of his first employment offer involving NRC-licensed 
activities or his becoming involved in NRC-licensed activities, as 
defined in Paragraph VI.A. 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 notification, Mr. Roudebush 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 of the Office of Enforcement or the Regional 
Administrator, Region III, may, in writing, relax or rescind any of the 
above conditions upon demonstration by Mr. Roudebush of good cause.

VII

    In accordance with 10 CFR 2.202(b), Christopher V. Roudebush 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

[[Page 1911]]

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 shall set forth the matters of fact and 
law on which Mr. Roudebush 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 also shall be sent to the Director, 
Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555, to the Assistant General Counsel for Materials Litigation and 
Enforcement, Office of the General Counsel, at the same address, to the 
Regional Administrator, NRC Region III, 2443 Warrenville Road, Suite 
210, Lisle, IL 60532-4352, and to Mr. Roudebush if the answer or 
hearing request is by a person other than Mr. Roudebush. 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 hearingdocket 
@nrc.gov and also to the Assistant General Counsel either by means of 
facsimile transmission to (301) 415-3725 or by e-mail to 
[email protected]. If a person other than Mr. Roudebush 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 2.309.
    If a hearing is requested by Mr. Roudebush 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), Mr. Roudebush, 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.

    Dated this 30th day of December, 2004.

    For the Nuclear Regulatory Commission.
Martin J. Virgilio,
Deputy Executive Director for Materials, Research and State Programs, 
Office of Executive Director for Operations.
[FR Doc. 05-478 Filed 1-10-05; 8:45 am]
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