[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]



-----------------------------------------------------------------------


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