[Federal Register Volume 60, Number 49 (Tuesday, March 14, 1995)]
[Notices]
[Pages 13739-13741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6206]
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NUCLEAR REGULATORY COMMISSION
Forrest L. Roudebush, Kansas City, Missouri; Order Prohibiting
Involvement in NRC-Licensed Activities and Requiring Certain
Notification to NRC
I
Mr. Forrest L. Roudebush has been, from its inception, the owner
and president of Piping Specialists Incorporated (PSI or Licensee),
also known as PSI Inspection, which was the holder of Byproduct
Material License No. 24-24826-01 issued by the U.S. Nuclear Regulatory
Commission (NRC or Commission) pursuant to 10 CFR Parts 30 and 34 on
March 6, 1987. The license authorized the use of byproduct material
(iridium-192 and cobalt-60) for industrial radiography in devices
approved by the NRC or an Agreement State. The facility where licensed
materials were authorized for storage was located at 1010 East 10th
Street, Kansas City, Missouri. The use of licensed materials was
authorized at temporary job sites anywhere in the United States that
the NRC maintains jurisdiction for regulating the use of licensed
materials. On October 17, 1991, the NRC staff issued an Order
Suspending License (Effective Immediately) to PSI. On April 22, 1992,
the NRC staff issued to PSI an Order Modifying Order Suspending License
(Effective Immediately) and Order Revoking License. The revocation of
the license was upheld by a decision of the NRC Atomic Safety and
Licensing Board (ASLB), Piping Specialists, Inc. and Forrest L.
Roudebush, LBP 92-25, 36 NRC 156 (1992), which the Commission declined
to review, CLI-92-16, 36 NRC 351 (1992).
II
NRC Region III initiated an inspection of the Licensee on September
4, 1991, and on September 24, 1991, the NRC Office of Investigations
(OI) commenced an investigation based on information received on August
29, 1991, that the PSI radiation safety program was not being conducted
in compliance with NRC rules, regulations, and license
[[Page 13740]] conditions. The inspection and investigation focused on
the Licensee's compliance with NRC regulations, including possible
willful violations involving: (1) False statements to NRC inspectors
and investigators; (2) use of unauthorized and/or unqualified
radiographer's assistants while conducting radiography; (3) preparation
of false, inaccurate, and incomplete records; (4) failure to provide or
use personnel dosimetry devices while conducting radiography; and (5)
failure to survey and post radiation area boundaries to provide notice
of radiation hazards to the public while performing radiography.
The OI investigation was completed on February 21, 1992, and
identified the following deliberate violations of NRC requirements
attributable to Mr. Roudebush:
A. In violation of 10 CFR 30.9, the PSI Radiation Safety Officer
(RSO), with the prior knowledge of Mr. Roudebush, deliberately provided
incomplete and inaccurate information to NRC inspectors during
inspections conducted on March 21 and September 17-18, 1991.
Specifically, the RSO presented to the inspectors the Licensee's
utilization log, records of pocket dosimeter readings, and records of
surveys of radiographic exposure devices performed at the time of the
storage of the device at the end of the work day. Those records were
neither complete nor accurate because: (1) The records did not document
the Licensee's uses of the radiographic exposure devices which occurred
during periods when the Licensee's personnel dosimetry service was
interrupted due to the nonpayment of service fees; and (2) the
information in the records had not been recorded daily as required, but
instead, had been fabricated en masse shortly before the inspections.
Further, the RSO and Mr. Roudebush knew that the records were
inaccurate and that the records had been fabricated by the RSO
immediately before the inspections.
B. In violation of 10 CFR 30.9, during an interview with OI on
October 16, 1991, Mr. Roudebush, under oath, after defining a
radiographer's assistant as one who ``* * * handles and operates the
enclosure, handle [sic] and operates the device, handles and operates
the survey meter, takes charge of that dosimeter'', denied to an OI
investigator that he had performed work as a radiographer's assistant.
This statement was deliberately false because during the NRC inspection
conducted on September 17-18, 1991, Mr. Roudebush acknowledged that he
had attached the control cable and guide tube to a radiographic
exposure device and had exposed and retracted the source during
radiographic operations. Mr. Roudebush was not qualified as a
radiographer or assistant radiographer.
The investigation found other deliberate violations of NRC
requirements, as well as a number of violations that in the aggregate
represented a breakdown in the management of the PSI radiation safety
program. Those violations are discussed in the October 17, 1991 Order
Suspending License (Effective Immediately), EA 91-136; and the April
22, 1992 Order Modifying Order Suspending License (Effective
Immediately) and Order Revoking License, EA 92-054. Those orders
discuss why the staff does not have reasonable assurance that the
licensee or Mr. Roudebush would comply with NRC requirements in the
future.
The ASLB conducted a hearing from April 28 to May 1, 1992 on the
October 17, 1991 Order Suspending License (Effective Immediately) and
the April 22, 1992 Order Modifying Order Suspending License (Effective
Immediately) and Order Revoking License.
The ASLB, in its Final Initial Decision (Revoking License), LBP-92-
25, 36 NRC 156 (1992), stated:
We conclude that there have been extensive failures on the part
of PSI and Mr. Roudebush to comply with NRC regulations. The Board
finds that the Licensee has failed to act as a reasonable manager of
licensed activities; failed to detect and correct violations caused
by an employee; willfully attempted to conceal violations from NRC
Staff, and given untruthful information to the Staff during its
inspections and investigations. Moreover, we find that Mr. Roudebush
was untruthful in some aspects of his testimony both during a formal
investigation and this Licensing Board. Id., at 186.
Pursuant to a plea agreement, on August 18, 1994, Mr. Roudebush
pled guilty in the U.S. District Court for the Western District of
Missouri to one criminal count of violating Title 42, United States
Code, Sections 2273 and 2201 (b) and (i) (Secs. 161b, 161i, and 223 of
the Atomic Energy Act). Specifically, the agreement describes the
nature of the offense as the failure to provide dosimetry devices to
employees. As a result, on December 12, 1994, an amended judgment was
filed whereby Mr. Roudebush was sentenced to two years probation. The
terms of the probation, in part, provide that Mr. Roudebush shall not
apply for or obtain a license for radiography during the probation
period.
III
Based on the above, the NRC concludes that Forrest L. Roudebush,
the owner and president of PSI, engaged in deliberate misconduct that
caused the Licensee to be in violation of 10 CFR 30.9, 30.10, and
34.33. Mr. Roudebush deliberately provided information to NRC
inspectors and investigators that he knew to be incomplete or
inaccurate in some material respect to the NRC, and Mr. Roudebush was
deliberately untruthful during portions of his testimony to the ASLB,
in violation of 10 CFR 30.9 and 30.10. Further, Mr. Roudebush
deliberately failed to provide dosimetry devices to his employees, in
violation of 10 CFR 34.33 and 30.10. The NRC must be able to rely on
its licensees, including their officers and employees, to comply with
NRC requirements, including the requirement to provide information and
to maintain records that are complete and accurate in all respects
material to the NRC. The deliberate actions of Forrest L. Roudebush in
causing the Licensee to violate 10 CFR 30.9, 30.10, and 34.33, and his
misrepresentations to the NRC have raised serious doubt as to whether
he can be relied on to comply with NRC requirements and to provide
complete and accurate information to the NRC.
Consequently, I lack the requisite reasonable assurance that
Forrest L. Roudebush will conduct licensed activities in compliance
with the Commission's requirements or that the health and safety of the
public will be protected if Forrest L. Roudebush were permitted at this
time to be involved in NRC-licensed activities. Therefore, the public
health, safety and interest require that, for a period of five years
from October 17, 1991, the date that the PSI license was suspended by
Immediately Effective Order, Forrest L. Roudebush be prohibited from
any involvement in NRC-licensed activities for either: (1) An NRC
licensee, or (2) an Agreement State licensee performing licensed
activities in areas of NRC jurisdiction in accordance with 10 CFR
150.20. In addition, for a period of five years commencing after
completion of the five year period of prohibition, Mr. Roudebush must
notify the NRC of his employment or involvement in NRC-licensed
activities to ensure that the NRC can monitor the status of Mr.
Roudebush's compliance with the Commission's requirements and his
understanding of his commitment to compliance. If Mr. Roudebush is
currently involved with another licensee in NRC-licensed activities,
Mr. Roudebush must immediately cease such activities, and inform the
NRC of [[Page 13741]] the name, address and telephone number of the
employer, and provide a copy of this order to the employer.
IV
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 that:
1. Forrest L. Roudebush is prohibited until October 17, 1996 from
engaging in any 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. For a period of five years, beginning October 17, 1996, after
the five-year period of prohibition has expired, Forrest L. Roudebush
shall, within 20 days of his acceptance of each 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, D.C. 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 such notification, Forrest
L. 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.
3. If Forrest L. Roudebush is currently involved with any NRC
licensee or Agreement State licensee engaging in NRC-licensed
activities, then Forrest L. Roudebush must, as of the effective date of
this Order, cease such activities and inform the NRC of the name,
address and telephone number of the licensee, and provide a copy of
this Order to the licensee.
The Director, Office of Enforcement, may, in writing, relax or
rescind any of the above conditions upon demonstration by Mr. Roudebush
of good cause.
V
In accordance with 10 CFR 2.202, Forrest L. 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. 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: 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, and to the Regional
Administrator, NRC Region III, 801 Warrenville Road, Lisle, Illinois
60532-4531 if the answer or hearing request is by a person other than
Mr. Roudebush. If a person other then Mr. Roudebush 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 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, on the
basis of the matters described in: (1) this Order; (2) EA 91-136; (3)
EA 92-054; and (4) LBP-92-25, 36 NRC 156 (1992), this Order should be
sustained.
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 proceedings.
Dated at Rockville, Maryland this 3rd day of March 1995.
From the Nuclear Regulatory Commission.
Hugh L. Thompson, Jr.,
Deputy Executive Director for Nuclear Materials Safety, Safeguards and
Operations Support.
[FR Doc. 95-6206 Filed 3-13-95; 8:45 am]
BILLING CODE 7590-01-M
