[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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