ML12270A373

Limited Appearance Statement by Mark Kelly Opposing the Renewal of the Licenses for the Indian Point Energy Center

ML12270A373
Person / Time
Site:	Indian Point
Issue date:	09/15/2012
From:	Kelly M - No Known Affiliation
To:	NRC/SECY/RAS
SECY RAS
References
50-247-LR, 50-286-LR, ASLBP 07-858-03-LR-BD01, RAS E-1142
Download: ML12270A373 (42)

Text

Office of the Secretary Rulemakings and Adjudications Staff US Nuclear Regulatory Commission Washington DC 20555-0001 (email: hearing.docket@nrc.gov)

(cc: Administrative Judge Lawrence G. McDade, c/o Anne Siarnacki. Law Clerk, Atomic Safety and Licensing Board Panel: anne.siarnacki@nrc.gov)

Dear Sirs:

Please consider this "limited appearance statement" and comments concerning Entergy Nuclear Operations Inc. (Indian Point Nuclear Generating Units 2 and 3); Notice of Hearing (Application for License Renewal). These comments describe issues related to NYS-38 (concerning reactor vessel aging management plans), Riverkeeper TC-1/1A (Metal Fatigue of Reactor Components), NYS-35/56 (concerning severe accident mitigation alternatives cost-benefit analysis), and similar information and materials problems related to the Indian Point License Renewal. Note that I am not affiliated with the organizations. Suppliers with whom I have done and expect to do business would be directly affected by financial and radiological consequences of the Indian Point License Renewal, which are among my concerns.

The Indian Point license renewal should not be granted because some of the significant technical arguments and information presented in support of relicensing and contentions that Indian Point can continue operating safely rely directly or indirectly upon NRC and industry information that is inaccurate or unreliable. Lax and flawed NRC information practices have compromised the integrity of certain technical information which is required for continued safe operation, maintenance, spent fuel management, waste handling, accident mitigation, and design of component and system upgrades required for continued safe operation of the Indian Point reactors.

Details of flawed NRC information practices are described and specific examples are documented in NRC records' 4, court records5-6, and related information included below.

The NRC has compromised information critical to safe continuing safe operations at Indian Point and other nuclear plants in several ways: 1) The NRC itself has generated false records that have the effect of concealing recurring industry technical deficiencies, errors, inaccurate records, and bad QA in the nuclear industry. 2) The NRC has stated that it would "not pursue" dissemination of known inaccurate and suspect technical information distributed in the nuclear industry. 3) NRC auditors have disingenuously decoupled written industry notifications to subcontractors that errors in certain zirconium nuclear fuel rod cladding analyses risked creation of significant radiological hazards from industry records documenting that the errors in those analysis and other zirconium analyses in support of nuclear applications repeatedly occurred and the errors were included in reports sent to major companies in the nuclear industry. 4) The NRC has repeatedly allowed work related to nuclear fuel rod zirconium alloy cladding integrity and high level nuclear waste containers (eg, for Yucca Mountain waste repository project) to be performed by companies who have repeatedly made errors in nuclear materials analyses and who have been found to have recurring deficiencies in their records and QA practices directly related to that nuclear-related work. 5) In making safety assessments which should

have been based on sound technical and scientific information, the NRC has disregarded explicit notifications written by the client company who knew the uses of information of the type shown to be inaccurate that defects could contribute to nuclear hazards 6, sworn expert testimony describing failures and hazardous consequences that those types of inaccuracies and resulting misunderstandings could cause during operation of nuclear reactorss, and numerous published and reviewed studies by scientists from the nuclear community explicitly describing degradation and safety issues concerning the ma~terials and data found to be inaccurate8 2. (Note: some of these studies were funded by the NRC and other US government agencies). Instead, the NRC relied upon the unpublished and unreviewed limited opinions of two selected "experts" who, like the NRC, clearly indicated that they did not know the companies' uses of the inaccurate zirconium analysis data."2 Based on these two limited opinions, the NRC made the broad assessment that dissemination of known inaccurate information and suspect data on zirconium nuclear fuel rod cladding and alloys was not safety-related and determined that the NRC would take no action to limit spread of known bad and suspect technical information in reports describing properties of zirconium alloys"'2. 6) The NRC tolerates employer coercion of employees to participate in generation of inaccurate records; in addition, the NRC generated documentation that supports employer coercion of employees. 7) The NRC tolerates inaccurate records and information in industry that could undermine safe operations, accident responses, waste handling, and component design. 1,2, 8-12

8) The NRC does not appear to have or require effective systems to maintain records on component materials and other records related to operating nuclear reactors for sufficient periods to ensure that such records are readily available if accidents occur, when plants are decommissioned, or when waste handling procedures are performed, evaluated, or modified.

Reliable information is required to make good decisions. Decisions, good or bad, guide actions.

Actions have consequences. The NRC and industry's flawed information practices could create or contribute to creation of safety hazards in the event that the Indian Point operating license is renewed.

At least five problems are obvious.

1) Bad technical information could lead to bad decisions during continued operations of Indian point, whose operating reactors were designed and manufactured over 30 years ago. Unexpected materials failures have initiated many accidents in engineered systems decades after failed components were placed in service.7 The harsh environment of the nuclear core and waste storage facilities degrade materials by synergistic modes involving radiation damage, corrosion, and high temperatures during normal conditions. 8-2 The histories and experiences with many of materials used in safety-critical components only goes back a few decades, which is too short a period to develop a good understanding of how these materials hold up under core and waste storage conditions.

2) Bad technical and suspect information could lead to bad decisions or indecision7 in event of an "excursion" from normal operating conditions or an accident at Indian Point. Are accidents any time to ask "Can the data be trusted?"

3) Computer simulations used by industry, DOE, and other entities rely on technical information to make projections concerning changes in materials' performance and degradation with time.' 2 Such computer models are also used in event of accidents to quickly make decisions and assess reactor

component or waste conditions. Extreme radiation, high temperatures, and other hazardous conditions can limit the ability to make direct measurements of core and waste container, as the ongoing Fukushima accident is demonstrating. Fast development of unanticipated conditions that develop during an accident might require use of computer modeling to make good decisions quickly; often, there simply isn't time to complete simulations on actual systems and components. The urgency of an accident responses often do not allow time for evaluation of suspect data. Accurate computer modeling requires accurate and reliable data whose limitations are understood.

4) Safe cooling, storage, transportation, and other Indian Point waste handling procedures require good information and understanding of materials' conditions.8

5) In event of an accident at Indian Point or other facility, bad information could lead to faulty "lessons learned". Faulty lessons learned could make accidents worse. Urgent decisions concerning shutdowns of similar systems to avoid repeating accidents could be impaired and impeded by bad and unreliable information. Flawed information cripples failure analysis and investigations. 7

6) Bad information misdirects limited resources. Many arguments in favor of renewal of the Indian Point license appear to be based on financial considerations. NRC tolerance of bad technical industry information has undermined financial projections because bad and suspect technical information undermines accurate projections of future Indian Point system performance and component failures.

NRC Records Contain False Information and Indicate that the NRC Tolerates Inaccurate and Suspect Information.

The four NRC documents reproduced in the Appendix below just before the References demonstrate the NRC's lax information policies and generation of false information.

In the NRC report1 in Appendix Part A and 2011 letter to Senator Lugar 2 in Appendix Part B, the NRC stated that the NRC practices include toleration of the spread of bad and suspect technical information in the nuclear industry; these are bad science and bad engineering practices.

NRC audit records documenting QA deficiencies in high level waste container work for nuclear repositories compose Appendix Part C.3 An NRC audit record and related correspondence concerning zirconium alloy analysis compose Appendix Part D.4 Comparison of dates in these records shows that NRC auditors included false information in an NRC audit record. The false information conceals recurring deficiencies in analysis of nuclear industry materials.

The NRC audit record in Appendix Part D also appears to disingenuously disassociate procedural problems that caused errors in industry reports from industry cautions that errors in these types of reports can create significant risks of radiological hazards. The NRC relied upon industry information from one company who received some of the bad materials analysis data in the NRC report' and 2011 letter to Senator Lugar44 to conclude that these types of errors were unrelated to safety.

Inaccurate Information on Zirconium Nuclear Fuel Rod aadding Properties Was Reported to Industry.

The following are excerpts of AU hearing and deposition testimony.5 The testimony describes errors in reports intended to describe analysis results and properties of zirconium alloys used as nuclear fuel rod cladding and other nuclear reactor components. The property inaccurately described was the "texture" (also called "crystallographic texture" or "preferential orientation") of zirconium alloys.

(Texture and its relationships to materials properties and to zirconium alloys are described below.) The inaccurate reports were generated by Lambda Research, an industrial service lab. The inaccurate reports were sent to GE Nuclear, Westinghouse, and other companies in the nuclear industry. The testimony was given by current and a former Lambda Employee hostile to legal actions arising from the false information, including that which included the hearing. Questions precede the quoted testimony in order to focus attention on key admissions in the testimony; the boldface questions are not part of the reproduced testimony, but they do indicate the subject of the testimony. (The court record is available through the Office of Administrative Law Judges (AU).)

Physically impossible results on nuclear fuel rod cladding materials were reported?

A *:a*.

ha: i-t's not a physical I i~t."

no*

P*OS5*-ble toharVe the texuuze sholm in this re'erz ri a zir-oiioid tube.

Q Okay.

Then; did Mike send to thi ciae*it a report i n~ia~'nphi s:ica:i~y Irnpos~sibi; texc.**:ue,?e.:*<

(Testimony of the Owner of Lambda Research)5 Nonsense was included in Zircaloy cladding analysis reports sent to the nuclear industry?

result of that, vou knou.

it wias j ust-nonsense.

(Testimony of the Owner of Lambda Research)5

Did information reported to the nuclear industry reliably describe zirconium materials properties?

iý Q

And by some.thing, you mean rhe specimen as opposed tow 5

tne result's, correcýt,?

6 A

No.

I mean..that.based upon-he data that-_ I was 7

presented,,a.d based upon what woul'd be expected as a typical SQA-te rmeasureme.nt, it dldnlt look right.

ihenher it s the 9

-data or whether it was the soecimen, I did not know at that 10 zorint.

(Testimony of "texture expert" and former Manager of Lambda Research)5 Misleading documentation inaccurately describing the origins of errors in nuclear analyses reported to GE Nuclear was generated "by mistake"?

Now, in support of your: statement"-

that you wrote on the report that GE had been notified, you. attached a documentation dealing with what we discussed earlier as the 90-degree rotation problem, cdorrect?.

A Rihthat is, really,.unre-lated -to So why did you. attach the, documentation reardin. the 90-deeraionobl'em?

A It was just amistake reall. onmy part..Therewas no.real* reason to.

(Deposition Testimony of the Owner of Lambda Research.)5

Measurements required for accurate Zircaloy cladding analysis were "eyeballed"?

.the oole faiure p

,-coZUte -..... it ddet 1

Yvou deter:iine whether specirmens wr, suffienrt

" flat for

,ex-e anaLvsi s before, :'this r-eport was wratrer4 A

i"ot- ;by.any, menhani'ca means Q

Okay.

D:id you iuse any other means?

A

Well, we..

iust visual inspect'ion of 'the sab~e.

Q When you say vsuai inssec

,.ion, what zo you me=n?

A Look at it and decide whnether or not, you th*nk if it's good enough.

0n no~

Ciua anse?

0Q

...*yu iul*se on. coul~d you estimat e.. whetaher A

My vimsion is nott chatooc.

(Testimony of a Lambda Research Technician.) 5 The NRC Confirmed Two Different Types of Errors in Reports Distributed to Industry'.

NRC Confirmed Rotation Errors in Lambda Reports describing zirconium alloys sent to nuclear clients, including Westinghouse and Western Zirconium:

Lambda Research also produced pole figures on several occasions which were indicative of,a 90-degree 'specimen rotation problem.

(Source: NRC Allegation NRR-1999-A-0057 Concerns 1 thru 3. Texture Analysis of Zirconium Alloy'.

Reproduced in Appendix Part A below)

NRC Confirmed Distortion Errors in a later Lambda Research Report sent to GE Nuclear:

These deficiencies were reported bby the'.allegeirto have! resulted in 'distorted" intensity distributionsý and' this:has been substantiated.

(Source: NRC Allegation NRR-1999-A-0057 Concerns 1 thru 3. Texture Analysis of Zirconium Alloy'.

Reproduced in Appendix Part A below)

Isummary, ~th~e prdb~erns associatied with LabaRsac' etr aass

ýeblee sterom poor control of specniemn preparati on, training software and texture analysis pocedures, T~hese defiiencies resuthed fn --d~stcrted. intensity distributions. and this has been (Source: NRC Allegation NRR-1999-A-0057 Concerns 1 thru 3. Texture Analysis of Zirconium Alloy'.

Reproduced in Appendix Part A below)

Why is accurate technical information on fuel rod cladding texture properties important in the nuclear industry? Is it a safety concern? (The simple answer.)

2 Q

For the end user, you know, the Oerscn who's say 3

operating the nuclear reactor, why is it important to him?

4 A

7f r were running a nuclear reactor, T would not want 5

anything to fail.

6 Q

And by fail, do you also --

do you include the "7 nossibility of breakage?

8 A

I believe that that's the same thing.

9 Q

Ckay.

Why wouldn't you want the tube to fai or 10 break?

A i mean, If you just think of the Three Mile island 12

• ncident, I mean, it you have radioactive gases that are 13 released from a reactor, that's nor a desirable situation.

Q is it a safety problem?

15 A

Most definite1V.

(Testimony of "texture expert" and former Manager of Lambda Research.)'

Why is accurate technical information on fuel rod cladding properties important in the nuclear industry? (The technical answer.)

16 C

Does texture correi'ate wtt strengths, the materials?

7 A

The a-nisoroptcphv o-the crystallographic system is re.at.ed to the streng,_*- and specific crystallographic 19 di-rections, so, if you have a Preferred orientarticn it w-ii 2G definitely change your mechanical proper.ies depending on how 21 it's oriented.

22 Q

Okay.

And what types of mechanical properties do 23 things with -- or what type of --

24 A

Yield stress, generc Drope-t-Les, ultimate tensile 25 strenrth.

(Testimony of "texture expert" and former Manager of Lambda Research.)'

Does texture effect zirconium alloy corrosion resistance?

Does; and

_ think you mentioned this before, does it 2

also correiate with materials resistance to corrosion?

3 A

n some cases, yes.

4 Q

Stress corrosion cracking resistance?

5 A

I.

some cases, yes.

(Testimony of "texture expert" and former Manager of Lambda Research.)'

What is crystallographic texture?

Texture refers to any preferred crystallographic orientations of crystallites composing the alloy.

Texture can determine how zirconium performs and degrades in nuclear core components.

Readily observable examples of crystalline texture can sometimes be seen in crystal clusters like those that sometimes occur in the interior of geodes drawn below. The crystalline faces are not pointed in the same direction, but they are not randomly oriented either. Crystal clusters often exhibit preferential orientations of component crystals. They are not random, yet they are not highly ordered (unlike the atoms composing the individual crystallites composing a cluster, which are highly ordered in the crystal structure). The following drawing shows a cluster of hexagonal crystals similar to quartz crystals that sometimes form on the inside of geodes. The hexagonal points, whose shapes and symmetries mirror those of the crystal structure, tend to point in the upward direction. The similar

directions and orientations of the crystallites indicate that crystallographic texture (or preferred orientation) is present.

A crystal cluster with crystallographic texture.

Note that the crystallites composing the cluster are "preferentially oriented" so that they tend to point "up"; none point in the horizontal direction. That is, the polycrystalline cluster has observable texture.

(Hexagonal points are perpendicular to basal planes.)

(Note that crystallites composing zirconium alloys in nuclear applications are microscopic, intergrown, and irregular in shape; texture cannot usually not be observed visually in zirconium alloys. Methods like diffraction, which measure the crystallographic orientations of component atoms, must be used to detect and measure textures in zirconium alloys; X-ray diffraction texture analysis was the flawed work done by Lambda Research included in reports to GE Nuclear, Westinghouse, Western Zirconium, and others. In general, visual observations and optical methods can be misleading because features observed in visible light may not correlate with crystal structure. However, in the "geode interior surface" example described and drawn above, growth facets of the crystal do accurately indicate crystallite orientations and can be used to detect and characterize texture.

Also, origins and consequences of textures in zirconium alloys are usually significantly different than those in naturally-occurring geodes. Understanding all of the features and consequences of texture properties can be difficult-research is ongoing. However, understanding of the crystalline texture of zirconium alloys is not at all necessary to conclude that NRC's toleration of bad data on any materials properties creates unnecessary misunderstandings that could create nuclear hazards.

Why is crystallographic texture important?

Texture describes the crystallographic orientations in materials. Many materials properties correlate with crystallographic orientations and directions. When crystallites are "preferentially oriented" so that weaknesses align, materials degrade and fall apart more quickly. Mica minerals are extreme examples of materials whose properties depend on crystallographic directions. Flakes of mica minerals are easily peeled apart because the bonds in directions holding the basal planes together are weak. However, bonds in other directions are stronger. The following photo shows that, in other directions, the mica minerals are strong and tough enough to be bent and rolled without breaking.

Extremely thin sheet of mica mineral roll into the shape of a cylinder. The mineral sheet is so thin, that it appears to be transparent to visile light.

Photograph of sheets cleaved from a mica mineral and deformed to show correlations of properties with crystallographic directions. (A) Forces between mica sheets or "basal planes" are weak-- mica sheets can easily be pulled apart and broken off. (B) Mica sheets are stronger and tougher in other crystallographic directions-thin sheets can be bent in many directions (B) or rolled into a cylinder (C) without breaking. Directional properties of components composed of zirconium alloys are significantly different than those of mica sheets; zirconium is a much stronger and tougher material under many conditions. However, the principles are the same; zirconium alloys can break, deform, corrode, react, and fail in ways that correlate with crystallographic directions. Mica is presented as an example because mica is a familiar and easily observed example of directional properties of materials.

Quotes from experts in the nuclearr and scientific communities about texture.

The following quotes are from studies presented at meetings and published in reviewed journals like the "Zirconium in the Nuclear Industry" symposia series. (Questions and some comments were included to organize the information and focus attention on issues relevant to NRC information concerns.)

What did an Argonne National Laboratory study funded by the Nuclear Regulatory Commission's Office of Nuclear Regulatory Research state about the general importance of crystallographic properties of zirconium hydrides?

"The morphology, orientation, distribution, and crystallographic aspects of Zr hydrides in fuel cladding fabricated from Zr-base alloys play important roles in fuel performance during all phases before and after discharge from the reactor, i. e., normal operation, transient and accident situations in reactor, temporary storage in a dry cask, and permanent storage in a waste repository."8

(Source: H. M. Chung et al. "Characteristics of Hydride Precipitation and Reorientation on Spent-Fuel Cladding". Zirconium in the Nuclear Industry. 1 3 th International Symposium, P. 561.) (Zirconium texture determines the morphology, orientations, distributions, and crystallographic aspects of zirconium hydrides that form in zirconium alloys exposed to coolant water in reactors.

What did this same group state about zirconium alloy texture and zirconium hydrides?

"...the susceptibility to hydride reorientation will be more pronounced in a cladding with a 0 degree, 30 degree, or 90 degree basal-pole texture because "easy" precipitation is more likely to occur on either prism, pyramidal, or basal planes."'0 (Underline and italics emphasis added.)

(Source: H. M. Chung et al. "Characteristics of Hydride Precipitation and Reorientation on Spent-Fuel Cladding". Zirconium in the Nuclear Industry. 1 3 th International Symposium, P. 575.8) (Translation: Zr texture can determine where zirconium hydrides precipitate and how cladding will fail.)

What are "basal, prism, and Pyramidal Planes?

Figure 10. Diagrams indicating relative orientations of basal, prismatic, and pyramidal crystalline planes on two zirconium crystallites having the same crystallographic orientation. Note that crystallites composing zirconium alloys used in nuclear applications are usually microscopic and have irregular, interlocking shapes which are unlike the regular, isolated, simple crystallites diagramed above.

Nevertheless, important zirconium alloy degradation involving corrosion, radiation damage, hydrogen uptake and precipitation, and other deleterious processes that can occur in nuclear cores and waste storage can be understood in terms of information about alloy crystalline "habit" planes and directions that accurate texture analysis provides.

Quotes from published scientific studies describing texture and degradation of zirconium alloys in nuclear applications.

The following quotes are from studies presented at meetings and published in reviewed journals like the "Zirconium in the Nuclear Industry" symposia series. Questions in bold face and comments were added before and/or between quotes to focus identify the issues of interest. Portions of quotes were written in italics and underlined as emphasis; the purpose was to focus attention on phrases of particular interest.

How do studies describe the importance of zirconium alloy texture?

"It would be difficult to identify another problem that has aroused so much permanent interest and been the focus of such continuous attention, investigation, and scientific debate as zirconium reactor core component texture." 9 (Emphasis added. Ten references were cited in support of this statement.)

(Grytsyna et al. "Destruction of Crystallographic Texture in Zirconium Alloy Tubes." Zirconium in the Nuclear Industry. 14th International Symposium, p 305. Journal of ASTM International, Sept. 2005 Vol 2 No. 8.9)

Does texture influence how zirconium reactor core components are fabricated?

"Manufacturing technology used nowadays was to a great extent determined by the relation of texture with physical and mechanical properties of zirconium tubes, their dimensional stability under irradiation, and sensitivity toward stress corrosion cracking.' "(Emphasis added. In support of this statement, the authors cite ten published references describing zirconium alloy applications, degradation modes, and performance failures in nuclear reactors.)

(Grytsyna et al. "Destruction of Crystallographic Texture in Zirconium Alloy Tubes." Zirconium in the Nuclear Industry. 14th International Symposium, p 305. Journal. of ASTM International, Sept. 2005 Vol 2 No. 8.9) (Note that "destruction" means "randomization of crystallographic orientations" in this context: texture can form after it has been "destroyed".)

Why is texture analysis important to manufacturing zirconium nuclear components?

"Texture control means detection and controlling a number of factors affecting its development" 3 (Grytsyna et al. "Destruction of Crystallographic Texture in Zirconium Alloy Tubes." Zirconium in the Nuclear Industry. 14th International Symposium, p 305. Journal of ASTM International, Sept. 2005 Vol 2 No. 8.9)

ZIRCONIUM DEGRADATION AND TEXTURE:

What changes and degradation do zirconium alloys undergo in nuclear reactors, in storage, and during accidents in ways that depend on crystallographic texture?

Dimensional changes, corrosion, and hydride precipitation occur in ways that correlate with texture.8 12 How does texture effect degradation of zirconium nuclear components in nuclear reactors?

DIMENSIONAL CHANGES: Components change shape and can measurably "bow".

Does core radiation rearrange zirconium alloy atoms?

"Incident neutrons cause displacement of Zr atoms from their stable positions by collision."'1 (Dahlback et al. "The Effect of Beta-Quenching in Final Dimension on the Irradiation Growth of Tubes and Channels". Zirconium in the Nuclear Industry. 14th International Symposium, P. 276. Journal of ASTM International, June. 2005 Vol 2 No. 6.

)

How do these radiation-induced displacements of atoms in crystallites deform zirconium nuclear components?

"For zircaloy guide tubes, prism hcp planes are preferentially aligned perpendicular to axial (longitudinal) direction. This means that irradiation growth causes axial length to increase and tube diameter and wall thickness to contract. "'o (Emphasis added. Note that "preferentially aligned" means that crystallographic texture is present.)

(Dahlback et al. "The Effect of Beta-Quenching in Final Dimension on the Irradiation Growth of Tubes and Channels". Zirconium in the Nuclear Industry. 14th International Symposium, P. 276. Journal of ASTM International, June. 2005 Vol 2 No. 6.

)

Do component distortions create measurable bows in zirconium components due to texture effects?

"Irradiation-induced lateral displacements (bowinQ) of Zircaloy-2 channels irradiated in various BWRs to different exposures have been measured using Westinghouse standard channel deformation measurement procedure."'o (Dahlback et al. "The Effect of Beta-Quenching in Final Dimension on the Irradiation Growth of Tubes and Channels". Zirconium in the Nuclear Industry. 14th International Symposium, P. 276. Journal of ASTM International, June. 2005 Vol 2 No. 6. 10)

CORROSION: Formation of zirconium oxides on the coolant side of components.

What did a study of corrosion state about in-reactor degradation of zirconium alloy cladding?

"The extended fuel burnup, longer fuel cycles, power uprates, higher temperatures, and increased lithium in PWR primary water put a premium on the ability of the cladding to withstand in-reactor degradation."'1 (Motta et al. Microstructure and Growth Mechanism of Oxide Layers Formed on Zr Alloys Studied with Micro-Beam Synchrotron Radiation. Zirconium in the Nuclear Industry. 14th International Symposium, P. 205. Journal of ASTM International, May. 2005 Vol 2 No. 5.")

How does texture influence understanding of zirconium alloy cladding performance and degradation?

"We believe that, in addition, the local texture and grain-to-grain alignment are crucial for understanding differences between the alloys." " (Emphasis added.)

(Motta et al. Microstructure and Growth Mechanism of Oxide Layers Formed on Zr Alloys Studied with Micro-Beam Synchrotron Radiation. Zirconium in the Nuclear Industry. 1 4th International Symposium, P. 205. Journal of ASTM International, May. 2005 Vol 2 No. 5. 1 1)

HYDRIDE PRECIPITATION: Zirconium corrosion due to formation of zirconium hydrides within alloys.

What determines distribution and crystallographic characteristics (eg, texture) of zirconium hydride precipitates?

"Face-centered-cubic delta hydrides frequently precipitate on a certain habit plane of the unit cell of the hcp alpha-phase Zircaloy metal." 8 (Source: H. M. Chung et al. "Characteristics of Hydride Precipitation and Reorientation on Spent-Fuel Cladding". Zirconium in the Nuclear Industry. 13th International Symposium, P. 562. 8)

(A translation of this statement might be helpful. They were saying that certain types of zirconium hydrides are known to accumulate on certain types of zirconium cladding alloy crystallite planes. This and other studies indicate that if the zircaloy has certain types of texture, these crystallographic planes might increase the rates, amounts, and sizes of these precipitates. Zirconium hydride precipitation can cause zirconium alloy components to degrade and break.)

Does zirconium texture determine how zirconium hydride reorientation occurs?

"...the susceptibility to hydride reorientation will be more pronounced in a cladding with a 0 degree, 30 degree, or 90 degree basal-pole texture because "easy" precipitation is more likely to occur on either prism, pyramidal, or basal plane."8 (Emphasis added.)

(Source: H. M. Chung et al. "Characteristics of Hydride Precipitation and Reorientation on Spent-Fuel Cladding". Zirconium in the Nuclear Industry. 1 3 th International Symposium, P. 575.8)

Are hydride precipitations understood very well?

"... the fundamental crystallographic and microstructural characteristics of hydride precipitation in irradiated cladding remain unknown." 8 (Source: H. M. Chung et al. "Characteristics of Hydride Precipitation and Reorientation on Spent-Fuel Cladding". Zirconium in the Nuclear Industry. 1 3 th International Symposium, P. 562.8)

Why is the texture of hydrides in cladding important?

"Hydride platelets that are distributed perpendicular to the direction of primary stress (i. e., radial hydrides) are particularly deleterious to the cladding's mechanical properties 8.

(Source: H. M. Chung et al. "Characteristics of Hydride Precipitation and Reorientation on Spent-Fuel Cladding". Zirconium in the Nuclear Industry. 13th International Symposium, P. 562. 8)

Is hydride formation and orientation important to zirconium degradation and waste handling?

"One example is the hydride reorientation that can occur during the initial stage of vacuum drying and transfer of spent-fuel assembly to a dry-storage cask. Radial hydrides in such a situation could lead to significant degradation of creep and other mechanical properties under long-term dry storage."

(Source: H. M. Chung et al. "Characteristics of Hydride Precipitation and Reorientation on Spent-Fuel Cladding". Zirconium in the Nuclear Industry. 13th International Symposium, P. 562.8)

Numerous technical publications 8 12, industry cautions in purchase orders for the analysis 6, and court testimony5 indicate that accurate information on the crystallographic texture of zirconium alloys used in nuclear reactors is important for nuclear safety. The integrity of zirconium cladding is critical to containment of radiological isotopes during use and handling of fuel rods. For example, reports indicate that radioactive xenon gas can be released from broken cladding. Since the xenon is a gas, it can spread freely in the environment if not contained. The xenon decays to produce radioactive cesium isotopes.

Cesium is similar in chemistry to sodium; radioactive cesium isotopes are highly mobile in the environment, dissolves in water, and can be ingested by organisms.

What did the NRC do after it confirmed that industry had distorted and suspect zirconium data?

the NRC did not pursue whether distorted resultswere reported to Lambda's clients.

(Source: NRC Allegation NRR-1999-A-0057 Concerns 1 thru 3. Texture Analysis of Zirconium Alloy'.

Reproduced in Appendix Part A below)

Why didn't the NRC simply demand that the companies involved review and correct inaccurate and suspect zirconium alloy data?

Both:expe6rtsbelieved thatltexturet analysis,*,alone,

-annotbe used to-determine,th* intrinsic mechanical properties of zirconium-basedtubing (Source: NRC Allegation NRR-1999-A-0057 Concerns 1 thru 3. Texture Analysis of Zirconium Alloy'.

Reproduced in Appendix Part A below)

Were both experts carefully qualifying their answers by specifically stating that "texture analysis, alone cannot be used to determine the instrinsic mechanical properties of zirconium-based tubing"'?

(Emphasis added. The above quote seems to indicate the answer is "Yes".)

What did the NRC and its two selected experts know about actual and potential uses of the inaccurate and suspect zirconium alloy data?

We 'are unsure how GE Nuclear, or' Lambda Research's other clients use the texture, analysis results.

(Source: NRC Allegation NRR-1999-A-0057 Concerns 1 thru 3. Texture Analysis of Zirconium Alloy'.

Reproduced in Appendix Part A below)

What safety concerns did GE Nuclear, one user of the distorted data who presumably knew actual uses (if not potential uses) of the data indicate in purchase orders (and in audit records) covering Lambda Research texture analysis?

~GEND,s-boilerplt adrvsr inibr-med supphers of nuclear ener-wpnnsa e e ht1 21reure.ine plIa,'th avt thfupirb(ED

~nnso eated servicsta10FR 1-rquresiner

ý hatth SuplerinfForm thc ue r GL D iývde ctononict.niiliaiice with a purchase or acould contribuete to a ir adv th purchaser of

",anydefector nncol...iance'which could have aen ffect-unkiNw to the

-rovider;!sothat tGEND acan assess the potential

-: tards p

&sed-"Se'

10C.F.R. § 21.21 (outliningi a nufear indusirNy s*dippi *e dut*to notif;thebuier o 1t9ailufi U

ited States D

istrics Cour or the exisutner of aOdefect. ifPg.ittilure or dGfeE,uld createa sustantial safntvl halarde Fuesaudweit remain uncorrdcted;" or if aodeviation froa sor failure to 0 sanda eists but "the Upplier T

determines, haitdioes not hareghe caNabilit% to perform the svaluatiou toudetedmie bifa defect exists Own the supplier muysta iframthirchakro afcted licensecs 1vithinfive working days of fhis determinationso that the purchausers oriflpcteloicensees'mayevanuate the deviation or failure to rcomplyi Inb e smre instanceswllful p

olationspof] 0 CIA. 2 [l may trflger crimial pdnaluies. 10 Cp F P 2s 6 an (United States Court of Appeals for the Sixth Circuit. Case No. 02-3035. Decision. On Appeal *from the United States District Court for the Southern District of Ohio. Pg. 4 6 GE Nuclear and Global Nuclear Fuels audit records and other communications also indicated that 10CFR21 and 1eCFR50b applied to Lambda's zirconium texture analysis because errors could contribute to significant radiological hazards.)

To reiterate, what did an Argonne National Laboratory study funded by the Nuclear Regulatory Commision's Office of Nuclear Regulatory Research state about the general importance of crystallographic properties of zirconium hydrides?

"The morphology, orientation, distribution, and crystallographic aspects of Zr hydrides in fuel cladding fabricated from Zr-base alloys play important roles in fuel performance during all phases before and after discharge from the reactor, i. e., normal operation, transient and accident situations in reactor, temporary storage in a dry cask, and permanent storage in a waste repository."d0 (Source: H. M. Chung et al. "Characteristics of Hydride Precipitation and Reorientation on Spent-Fuel Cladding". Zirconium in the Nuclear Industry. 13'h International Symposium, P. 561. 10)

To reiterate, how does zirconium alloy texture influence zirconium hydridle formation?

"...the susceptibility to hydride reorientation will be more pronounced in a cladding with a 0 degree, 30 degree, or 90 degree basal-pole tetr because "easy" precipitation is more likely to occur on either prism, pyramidal, or basal plane."1 0 (Emphasis added.)

(Source: H. M. Chung et al. "Characteristics of Hydride Precipitation and Reorientation on Spent-Fuel Cladding". Zirconium in the Nuclear.Indlustry. 13t International Symposium, P. 561. 10)

As the studies quoted above show, there is no shortage of plain statements about the importance of texture to sound nuclear design, fabrication, operation, and waste handling in the literature. Several studies were supported by US taxpayer dollars through the Department of Energy.

What did the NRC do to evaluate potential hazards arising from bad texture data?

Instead of relying upon published, reviewed studies, the NRC sought the unpublished and unreviewed opinions of two selected anonymous experts. (Note that citations in this statement were limited to available resources, which are dated later than the first NRC report. However, these citations reference studies published prior to the first NRC report. Furthermore, the NRC was told of these later studies prior and other suspect information and related issues prior to their 2011 letter to Senator Lugar.) The NRC and these experts were unsure of the uses of the data. The NRC then relied upon those

opinions to decide that there were no safety concerns 1,2 that industry might be using inaccurate technical data to guide design and use of zirconium alloys in applications that might include nuclear fuel rod cladding and other core components.

Studies published in reviewed publications indicating texture is related to zirconium failures such as radiation induced or enhanced stress corrosion cracking, hydride formation, dimensional changes (ie, warping), embrittlement were ignored by the NRC as late as 2011. (In 2011, one expert was identified as a Westinghouse employee. Westinghouse received some of the inaccurate information from Lambda Research.)

NRC reliance on a company for technical information that the NRC knew had received bad technical information is not reassuring.

If the NRC is going to rely upon industry for any information for safety assessments, shouldn't the NRC at least REQUIRE that the industry make efforts to maintain accurate technical information?

The NRC presumably has the mandate to regulate based on sound science. NRC tolerance of "distorted results" and technical information amounts to toleration of bad science in the nuclear industry that could create safety hazards.

Courts have the power to require the nuclear industry to correct problems and to operate safely. But judicial precedents require courts to rely on the NRC for science-based safety assessments.13 Courts' "flat-earther" authoritarian approaches to science undermine safety if the authorities (regulators like the NRC) do not rely on good science. Does NRC reliance on industry information' to make safety assessments of bad industry information under circumstances where the NRC tolerates spread of bad industry nuclear information and bad QA institutionalize ignorance?

Complex interrelated interactions of energy, materials, and systems in nuclear reactors make prediction of materials degradations failures difficult with accurate information. Tolerance of bad information undermines understanding necessary to evaluate reactor component condition and deterioration and react appropriately in event of accidents. No court order will change physics.

m w

• Passivation layer degrades.

• Water Infiltration through passivation layer Increases.

" Hydrogen generation up.

" Embrittlement up.

• Zr Hydride precipitation up.

• Stress and strains increase

• Warping.

" Cracking.

" Recrystallization.

• Cladding meltdown.

• Hydride reactions with water release energy.

• Neutron flux increases.

• Fuel can collect in uncoolable geometries if claddingfails and

\\ eaches criticallity, which releases more energy.

o Cooling efficiency down.

• Hydrogen generation up.

• Steam generation up.

• Coolant loss.

Reactions Up Core Components Increase

' Energy added faster than removed.

,Surface and interior temperatures can differ due to chemical reactions.

f Complex interactions of materials and energy in nuclear cores leading to materials degradation, especially in overheated cores. Understanding failure cascades that characterize nuclear accidents can be difficult due to interrelationships between these and other processes. Computer simulations of such processes relied upon to predict materials deteriorations, failures, and behavior under accident conditions12 rely on technical data whose accuracies and limitations are understood. Bad and suspect data undermine such simulations.

Nuclear Industry Audits and Recurring QA Problems.

In 2001, Lambda was audited to evaluate its implementation of QA in work unrelated to their error-prone zirconium fuel rod cladding analysis. The NRC, DOL and Bechtel SAIC participated in this 2001 audit.3 The purpose of the audit was evaluation of QA "for the residual stress measurements of welded mockups supporting the design of the high-level waste containers" for proposed repositories for nuclear waste at Yucca Mountain.

The 2001 NRC Observation Audit Report No. OAR-02-01 "Observation Audit of the Bechtel SAIC LLC Audit No. BSC-SA-01-30" of Lambda Research Inc. states that NRC auditors were at Lambda in 2001:

Staff from the U.S. Nuclear Regulatory Commission (NRC), Division of Waste Management, and the Center for Nuclear Waste Regulatory Analyses Center (CNWRA) observed the M&O, BSC, audit BSC-SA-01-30 of activities regarding the implementation of Lambda's Quality Assurance Manual (QAM). This audit was conducted on October 31 through November 1, 2001, at Lambda's facilities in Cincinnati, Ohio.

(Source: US NRC Observation Audit Report No. OAR-02-01, NRC web site file ML013330072.pdf. 3 Note that Lambda had only one facility, which was located in Cincinnati, Ohio.)

The 2001 audit identified deficiencies in training, procedures, software, and records while observing testing activities at Lambda:

Also, the audit team and observers reviewed and observed ongoing testing activities. The audit team identified potential deficiencies in training, calibrations, document control, software verification and validation, and corrective action. The staff believes that this BSC audit was (Source: US NRC Observation Audit Report No. OAR-02-01, NRC web site file ML013330072.pdf 3)

The NRC excused the deficiencies after corrective actions were taken. An incredible irony apparently lost on the NRC auditors was that Lambda's QA-deficient work on Yucca Mountain was itself QCA support! 3 What good is QA support if it is based on bad QA? No note of the earlier zirconium analysis errors or QA deficiencies that led to those errors or earlier Nuclear Industry Assessment Committee (NIAC) audits that missed these deficiencies and errors appeared in available audit records.

False Information and Inconsistencies in NRC Documents have the Effect of Concealing a History of Recurring QA Problems that Caused Dissemination of Inaccurate Information about Nuclear Fuel Rod Materials in the Nuclear Industry.

On September 27-28, 2004, the Nuclear Regulatory Commission (NRC) audited portions of Lambda's Quality Assurance (QA) program and effectiveness of 10CFR Part 21 controls. 4 The2004 audit examined a Quality Assurance Incident Report of problems with crystallographic texture analysis of zirconium alloys for GE Nuclear.

The NRC 2004 audit report's "Status of Previous Inspection Findings" conflicts with the NRC's 2001 observation audit report record3 (excerpt above). The NRC 2001 audit indicates that NRC auditors observed analysis done at Lambda's facility. However, the later audit indicates that neither this nor any other NRC inspections and technical reviews were done at Lambda Research prior to 2004.

2.0 STATUS OF PREVIOUS INSPECTION FINDINGS There were no NRC inspections or technical reviews performed at the Lambda facility prior to this inspection.

(Source: NRC Inspection Report 99901345/2004-201. NRC web site file ML042750057.pdf.4 More of this document is reproduced in the Appendix Part D below).

The "Status of Previous Inspection Findings" is false. This "Status..." statement has the effect of concealing deficiencies in Lambda found in the 2001 Yucca Mountain Project. The Yucca audit records clearly indicates that NRC "observers" observed Lambda employees execute procedures at Lambda and identified deficiencies during the 2001 audit whose scope included evaluation of implementation of QA for the residual stress work of welded mockups supporting the design of high-level waste containers for the proposed repository at Yucca Mountain.

The 2004 audit identified deficiencies in training, records, procedures, and other QA elements.

The NRC inspectors reviewed the implementation of selected portions of the Lambda quality assurance program, and evaluated the effectiveness and control of the salient portions of Lambda's 10 CFR Part 21 (Part 21) controls. During this inspection, the NRC inspectors focused on Lambda's control of deviations and failures to comply that relate to its 10 CFR Part 50, Appendix B, safety-related services.

(Source: NRC Correspondence regarding NRC Inspection Report 99901345/2004-201. NRC web site file ML042750057.pdf.4 Some relevant portions of the related audit record is reproduced below in Appendix Part D.)

These Lambda QA deficiencies were not noted in (ie, apparently missed by) GE Nuclear NIAC 1999 audit records of Lambda. NRC records' indicate and court records5 confirm that these QA deficiencies contributed to distribution of inaccurate zirconium information within the nuclear industry.

Despite finding 10CFR21 violations (and apparently ignoring the fact that the examined QAR records indicated that bad information had actually been released to the nuclear industry), the NRC dismissed these facts and "found" that Lambda QA was generally acceptable.

The inspectors concluded that the control of selected portions of Lambda's quality assurance and Part 21 controls regarding its safety-related activities was found to be generally acceptable with some exceptions. As discussed with you during our exit meeting, my inspectors identified some concerns with Lambda's Part 21 procedure and its recent Part 21 training module.

(Source: NRC Inspection Report 99901345/2004-201. NRC web site file ML042750057.pdf.' 9)

The 2004 NRC audit explicitly decoupled "safety-related activities" from Lambda's history of repeatedly releasing bad nuclear fuel rod cladding alloy information by defining "safety-related activities" as those reports whose POs specifically cited 10CFR21 or 10CFR5Ob requirements. The NRC audit examined a QAR that described problems with Lambda texture analysis software, training, procedures, and records that actually led to the release of distorted information to GE Nuclear. The NRC report disingenuously indicated that since this GE Nuclear PO did not explicitly cite 10CFR21, the NRC did not regard the QAR and the release of bad information to GE nuclear as "safety-related activities".

Irhe inspectors reviewed a listing,of Quality Assurance Incident Reports (QAIRs) and some selected reports back to 1998 in order to determine if Lambda had been appropriately implementing its Part 21 responsibilities regarding informing end users of deviations, The inspectors were not able to identify any QAIR records relating to a 't0 CFR Part 50. Appendix B purchase order. Therefore, in order to evaluate Lambdas typical process regarding the identification of deviations and its practice of informing customers, the inspectors selected a QAIR related to erroneous data reported to a.

client. Although the client is a nuclear industry customer, the purchase order reviewed had not imposed any 10 CFR Part. 50, Appendix B safety-related or Part 21 requirements, (Source: NRC Inspection Report 99901345/2004-201. NRC web site file ML042750057.pdf.1 9)

The NRC audit limited its evaluation to a single "purchase order reviewed". The NRC audit records do not mention the fact that court records5 and Lambda Research records demonstrate that these same defective procedures and software were used by the same employees and other employees with the same training to do analysis for projects that did explicitly and specifically cite 10CFR21. The NRC did not address the fact that the GE Nuclear/Global Nuclear Fuels NIAC audits of Lambda's zirconium alloy texture analysis procedures, software, and QA system did explicitly cite 10CFR21 and 10CFR5Ob, yet failed to detect the deficiencies in those same procedures, software, records, and training that caused generation and release of inaccurate information about zirconium alloys and cladding materials to the nuclear industry that NRC records documents. The NRC ignored literature explicitly describing bad zirconium texture effects on serious safety issues, including alloy degradation, and component failures involving corrosion, radiation damage, and welding quality.812 The NRC audit records do not indicate whether or not the problems with Lambda software, training, and procedures that caused release of distorted texture information to nuclear industry clients, as described in the examined QAR, were ever fixed.

The 2004 audit did not reference or mention the NRC's 1999 report1 describing the QA problems and errors. (It is also interesting to note that the 1999 report was not posted on the NRC web site. In fact, the NRC requested a copy of this report from me in mid-2011, just months before they wrote their letter to Senator Lugar citing that report. Did the NRC lose or destroy their copies of the 1999 Lambda report? The earlier report might undermine later NRC records. What other records about nuclear problems did the NRC lose or destroy? Given the long operation times of nuclear power plants and the fact that license renewals will allow plants to operate for longer periods, as well as the fact that nuclear waste from spent fuel rods and decommissioned plants will be hazardous for the indefinite future, shouldn't the NRC itself retain records as long as reactors operate and arguably until systems are decommissioned and all waste issues are settled? )

These same types of QA problems were noted by the NRC in the earlier "Texture Analysis of Zirconium Alloy" report"' concerning the texture analysis errors in reports to industry described above.

idt>r6 rt e

n assciatecd wit LdatRtesea t

n A

th ae, prcdrý hsedfcece resulte~d i'dstorted-intenity distn butios, nd(his. has been s-ubsianlialedl

(Source: NRC Allegation NRR-1999-A-0057 Concerns 1 thru 3. Texture Analysis of Zirconium Alloy1.

Reproduced in Appendix Part A below)

When asked about these zirconium analysis deficiencies, one NRC auditor stated that they applied a "no harm-no foul" standard to these situations. This inaccurate zirconium analysis involved both repeated incidents of bad and suspect information being reported to industry and QA deficiencies that led to the bad information. What do these NRC auditors act on? What is a foul-a nuclear accident?

Discovery of recurring errors and bad QA indicates systemic problems within the company. Yet, the NRC allowed Lambda to continue the waste container design work. Toleration of recurring QA deficiencies indicates systemic problems within the NRC. How much bad QA does the NRC repeatedly excuse?

Undermining Responsible Industry Regulation and QA.

A good approach to undermining the effectiveness of both Q.A and regulations is to promote contempt and disrespect by making them impractical to follow and then failing to effectively enforce them. A common approach to undermine QA and regulation is to make them so impractical and burdensome that they cannot be enforced. Should an accident ever occur, the bad and suspect information and questionable NRC audit records actually could confuse any accident investigation and serve as "cover" for responsible parties.

However, an industry that undertakes technology as complex and potentially hazardous as nuclear power generation should be able to produce an effective and practical QA system that benefits all parties involved and improves efficiency. Otherwise, the NRC's "no harm-no foul" policies could serve the industry well to avoid responsibilities in event of an accident.

QA audits and audits for regulatory compliance should serve as "dry runs" for accident investigations. If problems with company QA systems are found, they should be required to fix them and be re-audited at their own expense until they demonstrate that they will maintain appropriate QA and records that will not potentially mislead accident investigators, or quit the industry. One significant problem with unenforced regulations is that those willing to cheat often have significant economic competitive advantages over honest companies. The bad drives out the good. Decreased competition increases profits for dishonest companies.

The 2004 audit generated records that : 1) concealed previous audit history describing the recurring Lambda QA problems related to nuclear work and 2) decoupled Lambda's release of faulty nuclear fuel rod information from safety concerns.

How many times does the NRC excuse QA deficiencies that cause a company to provide bad information to the nuclear industry? Could inconsistencies in company and NRC records obscure causes of nuclear accidents and prevent timely removal of system subject to the same failures, as has occurred in aviation industry accidents? 7 Do NRC audits and investigations generate paperwork that could be exploited by companies to shift blame in legal proceedings? Does poor NRC performance amount to "foaming the runway" for industries in event of an accident or "muddying the water" with bad information to confuse investigators, thus allowing industry to obscure causes and shift blame for accidents to regulators, as TEPCO appears to have done in Japan?

Information is usually the primary product of service labs like Lambda. If information provided by the lab is inaccurate or suspect, the lab has provided nothing of value. Effects of bad information are worse than no information because bad information misleads those making technical decisions. Audits are not isolated paper-work exercises for regulatory or marketing purposes. Audits usually focus on QA records. Outside audits rely on the integrity and self-consistency of records. Auditors usually lack the technical knowledge and experience to assess technical quality of analyses. Audit processes assume that companies that can be relied upon for good, safe nuclear power production certainly should be able to produce good paperwork to ensure the traceability that would be required for accident investigations. Bad QA promulgated by bad management led to distribution of bad information by Lambda, which is worse than useless in that bad information misleads.

Lambda deficiencies produced repeated incidents of release of bad data to the nuclear industry.

Yet Lambda deficiencies were tolerated and excused for years after these problems were initially identified. The NRC appears to apply a "See no evil, hear no evil, speak no evil" standard to audits and investigations, which serves only to generate paperwork which could confuse anyone attempting to sort out causes of nuclear accidents, as has occurred in aviation accident investigations. 30 Audits should be regarded by the NRC as "dry runs" for accident investigations. Serious and responsible NRC QA audits would not excuse recurring problems. Recurring problems should produce recurring audits and investigations at the expense of those responsible for those problems. However, instead, the NRC appears to generate paperwork that could actually serve as cover in event of an accident: companies only need produce the NRC audit records excusing bad QA and IOCFR21 violations as "minor" and having "no impact"3'4, and then claim in event of accidents that they followed the law (a playbook TEPCO appears to be following in Japan). Conflicts in NRC audit records serve only to increase opportunities for "bad actors" to obscure and conceal misconduct.

One disturbing consequence of tolerance of bad behavior in a regulated industry is often

• encountered by analytical chemists in industry-those who are willing to cheat have significant financial and technical advantages over honest companies. Also, regulations often specify use of systems and procedures that are fairly expensive -cheating on these regulations generates pure profit. Regulators who fail to promulgate and enforce practical regulations actually increase the hazards that motivate regulations. Regulators who turn a blind eye or dismiss industry deficiencies and cheating are possibly a bigger part of the problem than bad actors themselves in that such behavior by regulator encourages noncompliance and disrespect for the regulations. Such regulators act as recruiters and facilitators for bad actors in regulated industries.

According to the OCED report "Nuclear Fuel Behavior in Loss-of-Coolant Accident (LOCA)

Conditions. State of the Art Report", NRC safety standards and practices are followed or are relied upon world-wide by most countries using nuclear power. 12 The NRC failures to address recurring QA deficiencies indicates that the NRC information in support of relicensing is not reliable. The Indian Point license renewal application should be denied.

Effects of Bad Information on Identification of Flawed Materials System Likely to Fail Decades After Placed in Service: UA Flight 232: A Case Study of Post-Accident Decisions Impaired by Bad and Suspect Information about a Component Designed and Manufactured Decades Before the Accident.7 How Bad Materials and Bad Information Caused the United Airlines Flight 232 GE Engine In-flight Explosion

and Impeded Decisions Concerning Removal of Suspect Engines in Service in Other Aircraft that Could Have Failed in the Same Way. The NTSB accident investigation report describes significant information problems that impaired their ability to reliably identify significant factors leading to the accident.

The Accident. A titanium disk's uncontained "separation, fragmentation, and forceful discharge" from a GE gas turbine engine destroyed the hydraulic systems of United Airlines Flight 232while in flight.7 Overcoming extreme difficulties, the flight crew crash-landed the plane in Sioux City, Iowa. Basically, a bad engine disk exploded and ruined critical aircraft controls. The crash landing that followed resulted in over 110 fatalities and numerous injuries.

The Accident Investigation: The NTSB accident report stated that the failure initiated at a defect present in the crash disk when the disk was made. The disk was in service for almost two decades before deterioration in the material's condition caused the catastrophic failure. See: "National Transportation Safety Board Aircraft Accident Report United Airlines Flight 232 McDonnell Douglas DC-10-10 Sioux City Gateway Airport Sioux City Iowa July 19 1989 PB90-910406Y "NTSB/AAR-SO/06".

Section 1.17.3.7 Excerpts of this NTSB report are reproduced below.

Bad GE materials and bad GE information appeared to have been factors in this crash. Bad records impeded removal of other suspect disks from service. If left in service, other bad disks could also have failed and caused more crashes.

In event of a nuclear accident, will NRC tolerance of bad and suspect technical information about nuclear reactor components lead to confusion and delays about corrective actions to prevent future similar accidents? Are older plants like Indian Point more susceptible to these types of information problems because of deficiencies in early record-keeping practices?

The NTSB report described inaccurate engine manufacturing records that should have contained reliable information about the origins and history of the crash disk. These records should have enabled fast identification of similar (therefore, suspect) disks in service so that they could be immediately removed from service and inspected before another accident occurred due to the same type of manufacturing defect. Examination of records of the crash disk and suspect disks along with inspections of suspect disks should also have enabled fast and efficient determination of the causes of the accident.

However, inaccurate and suspect records impeded the accident response and investigation. The report indicates that two disks from two different sources had the same serial number as the crash disk:

Z.5 Origin of Accident Fan Disk MPO 00385 GEAE maintains a computerized listing of all critical rotating engine parts by part number and serial number, together with the titanium supplier's beat number, for traceability purposes.

When the data for disk part number 9010M27PlO was recalled, serial number MPO 00385 was listed twice, once with heat number K8Z83 and once with heat number 704233.

The first listing is the TIMET heat as shown on ALCOA records, and the second is a Reactive Metals Incorporated (Rill) heat number, which appeared in GEAE records only in the critical rotating parts list.

ALCOA records show that R*I heat 704Z33 was received at ALCOA in October 1970, and remained in inventory until first cut in March 197Z, Z months after disk KPO 00385 was shipped from GEAE in an engine.

The ALCOA records *ndicate that none of the forgings made from heat 704233 were delivered to GEAM.

Since conflicting GE and supplier records indicated that there were at least two possible sources of the bad disk (and some records indicated that the disk was from materials cut after the engine was shipped which is physically impossible), investigators attempted to identify the source of the crash disk by chemical analysis.

Because of the discovery of contradictory records, chemical analyses were performed on the separated disk material in an attempt to verify its technical specifications and to relate the manufactured part to its basic source material.

Results of the chemical analysis could not identify the source of the crash disk. Reasons for the disk failure remained speculative.

The results of the chemical analyses show that disks S/N AM 00382 through S/N MP 00388 could have been forged from two or more billets.

However, no further records were found either at GEAE or Alcoa that could confirm the origin of the material.

Only limited, uncorroborated evidence suggests that the failed disk was produced from titanium not intended for use in rotating engine parts.

However, If such a situation bad existed, it could have contributed to the accident.

b ~ e e J,,

• _ _, I - "

GE started inspections and the NTSB recommended examination of over 100 disks. Disks manufactured with and like the crash disk were considered the riskiest disks. They should have been removed from service for inspectionsfirst. The failure to understand the source of the bad material made immediate identification of riskiest disks for prioritized inspections impossible. During inspections, flaws like those found in the crash disk were found in some disks were removed from service and inspected after the crash. But suspect manufacturing information left doubts.

However, If these disks were not produced from the same heat, the records on a large number of GEAE disks are suspect.

It also means that any AD action that is based on the serial number of a disk way fail to have its intended effect because suspect disks could remaia In service.

Becamse of doubts about the records, the.FAA would be unable to determine whether all disks made from the billet that produced the accident disk (Category I disks) have been removed from service. Also, the priority of inspections of Category II and III disks may be inappropriate in some cases if the records do not accurately reflect the heat information, and there nay be double-vacuum, melted disks, identified as -triple-vacuum melted disks."

GE records contained many "anomalies", some of which appeared to obscure the disk history at GE. Several record anomalies call into question all disk record from the same period.

Not all records associated with the manufacture of fan rotor disks relevant to this accident were available from GEAE.

The TIMET and ALCOA records indicate that the billet and forgings were manufactured and certified In accordance with the then-current GEAE specification for titanium used in rotating parts.

However, several anomalies appear in the GEAE records, which call into question the reiiýab*llt or accuracy of all the disk records from the' same period.

For instance, there were no records found indicating receipt of the fan disk forgiags by the GEAE plant.

The most interesting anomalies are records and evidence indicating that the crash disk was made from titanium material that other records show: 1) was not supplied to GEAE 2) was not cut until

two months after GE shipped the engine with the crash disk 3) was not qualified for rotating parts like disks. (I don't know if the NTSB ever sorted out the record anomalies described in their report.)

ALCOA keeps bulk materials in inventory at its forging facilities in order to fill customer orders more efficiently.

Inventory records indicate that during the time of the manufacture of' disk MPO 00385, ALCOA had argon remelted titanium billet material in stock.

Its production records indicate that this material was.never manufactured into GE4W parts, nor was it shipped to the GE4E facilities.

Nevertheless, a stock number from some of' this material (RMI heat 704Z33) appears in GEA4 records as a source for one of the disks identified with S/N MPO 00385.

No other records exist to corroborate or resolve this amomaly.

In fact. all other GEAE and ALCOA records show that MPO 00385 was tabricated from TIMET heat 58283.

About the time that the crash disk was manufactured, GE records indicate that inspection showed that a disk with the serial number of the crash disk contained an unacceptable flaw.

Chronologically, the first appearance of a GEAE part number 9010M27PIO for Fan disk S/N MPO 00385 was on an ultrasonic inspection log sheet dated June 7, 1971, which indicates that a disk with S/N MPO 00385 was rejected and marked, "hold for investigation. "

There was no dispatch order r446' fund dated in June 1971 for this serial number.

Although a stock inventory card indicated that in August 1971 a CF6-6 stage I fan disk in the 11F shape was located in the materials lab for ultrasonic Investigation, this card did not indicate a serial number.

Nevertheless, a dispatch order card from GEAE records indicates that a disk with S/N NPO 00385 entered the manufacturing process on September 3, 1971, as a forging, and it passed ultrasonic inspection on September 29, 1971.

This disk had a traceable record history leading to engine S/N 451-243, the No. 2 engine in the accident airplane.

Other GE records indicated that GE reassigned this serial number to the crash disk using titanium from another supplier. However, this supplier's record indicate that this titanium was not ever shipped to GE and was not even cut at the time that GE shipped the engine with the crash disk. GE had records indicating that GE shipped the flawed disk to another location to verify the flaw. The NTSB report appears to indicate that GE fouled up their records by recycling an essentially free serial number (rather than using a flawed titanium disk costing thousands in materials whose replacement might cost much more in manufacturing delays).

1.17.3 GEAE Fan Disk S/N MPO 00385 Machining and Finishing Records During the records search for the manufacturing routing package of stage I fan disk S/N MPO 00385, it was learned that Iw= rough machined forgings" (referred to as disk "A" and"B") having this same serial number had been routed through GE4E manufacturing.

Actual receiving documentation at GE/W could not be located.

Figure ZO depicts the three shapes of the disk during the manufacturing process.

Production records indicate that GEAO performed an immersion-ultrasonic inspection of a disk S/N MPO 00385 (disk "A") on June 7, 1971.

The record of inspection is dated June Z3, 1971.

The part was rejected for an unsatisfactory ultrasonic indication.

Under procedures in effect at the time, it sbould have been put aside tn a specified storage area pending disposition.

No other manufacturing records were found that documented a disk Seriai no. MPO 00385 in the manufacturing process between June and September 1971.

No record of warranty claims or credit for the disk with defects were found (p. 55).

I did some of the blue-etch anodization work described in the NTSB report that confirmed that the crash disk had a flaw due to the presence of a "hard alpha" phase in the titanium. Additional

questions about improper analysis leading to unresolved questions about appropriate disk inspection methods remained.

The above description of the UA 232 crash, investigation, and failure analysis does not advocate "anti-aviation" policies. This description serves to show how confusing the information impedes mitigation of effects of accidents.

Fortunately, other than Three Mile Island, no large scale nuclear accidents have yet occurred in the United States. I don't have a more suitable examples from a nuclear industry accident of the effects that NRC information problems could have on decisions at Indian Point operations. However, past deficiencies in NRC information practices may already have compromised the safety of Indian Point and other older nuclear reactors.

The day before the UA 232 accident not too many were concerned about conflicting shipping and receiving paperwork duplicate serial numbers, failures to fileinsurance claims (assuming such insurance claims would not have constituted fraud), and related information problems.

The license renewal should be denied for the reasons stated above. The financial consequences of significant unanticipated materials failures and unreliable information that could impede accident mitigation attempts indicate that continued operation of reactors at Indian Point create unnecessary hazards to public health and resources.

While ceasing operations at the plant will be expensive for many of us, putting many trillions of dollars worth of assets and irreplaceable public health and other resources at risk does not appear to be economically justifiable at this time.

Mark Kelly Dillsboro IN email: mark.kelly2Ollzr@gmail.com Appendix Four NRC Documents of Interest Part A.

NRC Allegation NRR-1999-A-0057 Concerns 1 thru 3. NRC correspondence and a report indicating that the NRC did not consider dissemination of known bad texture information in industry to be a safety concern and indicating that the NRC took no action to curtail the distribution of the bad data.

At the NRC's request, I sent a copy of this report to the NRC in mid-2011. This is the report referred to in the NRC's November 2011 letter to Senator Lugar.

Note that the NRC relied upon the unpublished and unreviewed opinions of two experts to support safety assessments and conclusions that appear to conflict with information in notifications from GE Nuclear, testimony of a nuclear materials expert, and published and reviewed scientific studies.

Note that the NRC does not address published papers indicating that texture influences the detioration and failure of zirconium alloys in nuclear application. For example, see "Influence of Crystallographic Texture and Test Temperature on Initiation and Propagation of Stress-Corrosion Cracks in Zircaloy", Zirconium in the Nuclear Industry. 6th International Symposium (1982), P. 627 and citations therein. Note that numerous studies have since confirmed that understanding zirconium texture is required for safe nuclear applications.

UNJTED STATE NUCLEAR REGULATORYCOMMISSION WASH 1~147ON., D.C. 220=S*=

Mr, Mark.J. Kelly SUBJECTi ALLEGATIONNO. NRR-19990A-0057

Dear Mr. Kelty:

This letter refers to your letter dated September 12. 1999. to FionaTobter,Nuclear.Regulatory Commission (NRC). In'this letter you expressedeconcerns related to X-ray diffraction texture analyses of zirconium'alloy tubing performed at Lambda Research Laboratory. This letter also refers to your letter dated October 19; 1999 tO.Mary'Kay Fahey, NRC. in which you provided examples ot erroneous pole figure data used in the textureanalysis, In summary, you believe that erroneous:or, distortedanalysis results may have been reported to fuel ciadding manufacturersin the nuclear industry.

On Septembeir 30, 1999, we had:a conference call with you to gather information relating specifically to a potential discrimination issue you identified to us.on September.29, 1999, On October 9. 1999, we a:had follow up~conferenoe call with you to identify theagent assigned to the investigation and to schedule an interview. During.our conversa:ion you requested NRC to put the discrimination investigation onhold, but pursue theztechni.al allegations. Basedupon your Mequest:the Officeof Investigations wilt not pursue your allegation of discrinrlation.

In. pursuing theitechnical issues we inform-ad you on October 27, 1999, of ourontenitonsto conlact experts

-tefielid of texture analyises to help U* *nderstand'i he s~afety.sIigficince of your afleain IJed, o

'~reiew and the information obtined from:the expers ýve believe that ?the probtems with Larnhbda Research's texture analys s may tbe attributed to por control o! specimen preparation and texture anatysis proceduresl Further, we beheve that texture analyses*_in general. cannotl be used.o inadveitent[yqua*lify unacceptabe material* *The intrinsic mechanicalprooperties of zirc*nium-based tubing material cannot be determined from texture analysis. Therefore, we have concluded that err6rs resulting from thetexture analysis Iat Lambda Research in the development of engineeed cornponents is not a.safety~concern. NRC did -not pursue.the issue further since we determined it is-not a safety concern.

CETFIED IVAI

~jtRN RCiT ROSTED

Mr, M, Kelly

-2ý The enclosure to this letter provides a more detailed summary of the resoluton of your concerns. Thank you for informing us of your concerns. We feel that our actions in this matter have been~responsive tothose concerns. We take our safety. responsibilities to the pubic -very seriously and will continue to do so within the bounds of our lawful authority., Unless the NRC receives additional informationrthat suggests that our conclusions should be altered, we plan no further action on this matter, Should you haveany "additional questions, or if we can be of further assistance in this, matter, please cal Fiona Tobler or Greg Cwalina, Senior Allegation Coodinators, on the NRC Safety Hotlineat 1-800-368-5642 or Fax*Number 1.301-415-3741, Sincerely, Theodore:R, Quay, Chief Quality Assurance. Vendor Inspection, Maintenance and Allegations.Branch

• Division of, Inspection'Program Management Office,of Nuclear Reactor Regulation

Enclosure:

Statement of Concems and NRC Response Allegation No. NRRý1999-A-0057 (The NRC report sent with the attached letter is reproduced below under "Allegation NRR-A-0057.)

ALLEGATION NRR-1999-A-0057 CONCERNS 1 THRU 3 TEXTURE ANALYSES OF ZIRCONIUM ALLOY CONCERN 1 X-ray diffraction texture analyses-of-zirconium alloy tubing performed at Lambda Research Laboratory-are-in question: The ialleger believes that analyses :perforrned at Lambda are in, error and distorted results may, have. been"reported to clients like GE-Nuclear. He also suspects other clients-like Westinghouse:Bettis and Western Zirconium may be involved: Written procedures at the laboratory were not followed; and some simply cannot be followed, because of the problems with the procedure,.training, and software.

NRC RESPONSE:

The area of texture analysis is-very specialized and requires that.proper sample: preparation, procedures, personnel training andequipmentare utilized to produce accurate results. As notedin a 1982-paper, "Texture MeasurementTechniques for Zircaloy Cladding: A Round-Robin Study".which was publishedtby J E.,.Lewis, etal.,inthe Fifth Conference on Zirconium in, the Nuclear Industry,.there are manyýareas that require careful consideration when, performing texture*analyses. These iareas include properspecimen preparatidn-with-particular attention-to the flatness df:the specimen ;proper-speicimen alignment on the gohio eter 'axis, diffra `tion focusing circle, and selection of the correct.28-peak, among o things.

As-noted in-your September 12, 1999, letter to NRCgand other supporting documents, Lambda Research seems to~have had-some problemscontrollinrg the flatness ofthe specimen-and identifying the correct 28-peak position prior to conducting texture analyses. These deficiencies were reported by the alleger to have:resulted in "distorted" intensity distributions and-this-has been substantiated. Lambda Research-also-produced pole-figures on several occasionswhich were indicative of:a 90degree-specimen rotation-problem. However, it seems that Lambda's clients were cognizant of this -ype: of error and requested that Lambdarepeat -the-analysis.

Overall, these: problems are-indicative of theneed for better-training of-Lambda Research's personnel:who prepare the specimens, run the equipment and acquire-the data'.

, Withrespect-to the deficiencies in.specimen:-preparation and-the textureanalysis technique (i[e.,

identification -of the correct-28-peak position), we believe that:the alleger&is making every attempt to correct-the situation, and:produce, more accurate,, consistent data. Adheeence to-the most recent'ASTM'Standard-E 81-96, "Standard -Test-Method.for Preparing<Quantitative Pole Figures," which contains up-to-dateýprocedures for conducting textureanalysis with-modern x-ray diffraction'equipment, may help to prevent-thesetypes of-problems--in the future. Further, the referencesprovided at the end of this-document may-be usefulfor making comparisons:

between Lambda Research'sdata -and other data sets regarding the texture of various zirconium materials'.

Complainant -Exhibit Page:,3.

-13.

.9:*:

Enclosure

Sincethe area of texture analysis is very specialized,;we consulted with twoexperts in this field.

One of the interviews was conducted with a materials science -and engineering professor who has published many papers on the texture analysis of zirconium-based alloys. The second interview was conducted with a zsenior engineer of. one of the major nuclear fuel fabrication companies who has experience'in textureanalysis from a fuel cladding design perspective, These two experts stated that the generation of "bad data" and/or "distorted results" can be attributed to many sources, including: poor sample -preparation, inexperienced analysts or technicians, and inadequate control of the data, acquisitionequipment and procedures.

However, they believed thattheitechniques employed for texture analysis cannot inadvertently be used to qualifysubstandard material. Inotherwords, the~data from a properly prepared specimen, using equipment that has been adequately.:prepared for texture analysis, will produce results that are representative of the specimen's(ormaterial's) texture. For example,-one expert concluded that, using the basaldirect pole figure, substandard material could be identified if the peak intensities :and/or the locations of the peak maxima were outside their acceptable ranges. Thus, if thetexture analyses were conducted on "good material' but the specimen was poorly prepared (e.g., the surface is rough or wavy), the texture analysis results would tend to have characteristics: that could indicate the; material may be,"unacceptable;"

Alternatively, if:thetexture analysis is-performed on poor quality material, thecharacteristicsmof the'data, would show.,the material is poor. -,Both experts believedthattexture analysis, alone, cannot be used to determine the intrinsic mechanical properties of zirconium-based tubing material. Rather, as one, expert suggested, texture analysis can be used toestimate mechanical properties relative tocertain directions, ofthe;tubing (e.g., the results of a texture analysismay showthat the tensile'strength;-of.,theitube~inrtheaxiýAldirdctibn -is:;Iarger*o r sma'ler',than'the.

tens ile.strengthn the radil directi6n).

We;are~unsure~how GE Nuclear,0or Lambda'Research's:,other, clients use the texture'analysis results. HoWever, one of the-experts stated thathis company:d6es-not.conduct texturei analyses, i.e.,.directp6le figures; ion. a routine basis to-evaluatelcharacteristicsof the tubing. The texture analyses are conducted typically aspart, of an-evaluation of new product :material or'a new manufacturing process. Alternatively, his company employs, a test that evaluates the contractile strain ratio (CSR) asa ýcheck, on the control of the:tubing manufacturing, processes.

Then, the mechanical properties of the cladding are correlated.to the CSR. When the calculated CSR is found to be within ýa-specified rangethe mechanical properties of the material are found to be acceptable. In addition to the.CSR,;the:expert's company-also performsa'tensiletest to.

evaluate the mechanical properties, of the cladding ona per lot basis.

In: summary the problems associated with Lambda Research'stexture analysis, we believe, stemý from poor control of,specimen preparation, training,,software'and texture analysis procedures. These. deficiencies resulted in,"distorted" intensity, distributions, and ithis has been substantiated.r HoWever, wealso believethat~teXture'analyses alone cannot beused to inadvertently qualify..unacceptable material, The intrinsic mechanical propertiesof zirconium-based tubing materialý,cannotbe determined from texture, analysis. We have concludedthat errors resulting from'the:texture analysis at Lambda Research in the Complaiinant Exhibit

.1 90.5

• 3 Pape: it/

development of engineered components is not a safety concern. Therefore, the'NRC did not pursue whether distorted results were reported to Lambda's clients.

CONCERN 2:

The owner of the company. repeatedly refused to allow the'alleger or anyone else to review the past zirconium alloy texture analysis reports and data, which would determine if the problems with the analyses have caused bad data to be reported to the clients.

NRC RESPONSE:

Based upon our response to Concern 1 and our determination:that-theissuesinvolved were not safety significant the NRC will not pursue this concern.

CONCERN 3:

Fear of Retaliation:

The allegerbelieves,:.if the:owner.of Lambda Research were.to find.out that'he discussed these concerns~with NRC,ýGE.Nuclear.:or 0therclients; he:woUld probably make changes.

NRC RESPONSE:z On September :30,1999, we hada conference callwith you to:gather information relating specifically to a potential discrimination issueyou identified tous on September 29, 1999. On October 9, 1999, we had afollow. up conference call t0"identify the agent. assigned:.tothe investigation and to schedule an ý interview. We explained that an investigation by our Officeof Investigations.into yourallegation of. disctimination by Lambda Research could not be pursued without your approval to~reiease'your identity., During our conversation you. requested NRC to put the discrimination investigationonrhold, but pursue.the technicalallegations. Based upon your request theOfficeof lnvestigations will not pursue your allegation of discrimination.

Therefore, NRC does not plan on taking anyaction on-this concern.

Complainant Exhibit 2-7-3*

Pagc: 1I.

-3=

J3 JA-

'74"49"(16

Appendix Part B.

2011 NRC Correspondence to Senator Lugar indicating that the NRC did not consider dissemination of known bad texture information in industry to be a safety concern and indicating that the NRC took no action to curtail the distribution of the bad data.

UNITED STATES NUCLEAR REGULATORY COMMISSION

%VASH94GT6tN, ODC 205~5'OO

...::*.:Novemer 21, 2011 The or-orab~ Rvcnamd Luaar n...

0 DerSenat.or Lucga On be&alf o'he U.S. NuceareNRC),

lL am responding toyour tter of_

t~'v Comiss on(KoJris October 21. 2011 f. orwardi'it correspondence from your constituent. Mark Kelly. Dr. Kelly i.s

-o.erned w'ith the use of bad dala V, ihn the nuctear ndus y tnat coud leadJ to faully analysis di n a

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The NRC recognsies'the imrtancai f acates "and cuon tsndata in ýdoesion makin canc isd torks to ensure the use of such data at ail timres: T here'fore,-whiie We fXYuml. nerstand Or,.Kelly's.

concern e

principle. without any nev; infarmateon the NRC resafF;rs io s eNrtC-! findings ano d conclusions on this matter. If you need any additional information, please cvn a: me ore, Ms, Rebecca Schyidt, Director of the Office tof Congressional Affairs, W, (301) 415-1776n Sincereoa,

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,s matr,"... you, Opea rations

Appendix Part C.

Excerpts from 2001 NRC Audit Records of Lambda Research work on high-level waste container design for Yucca Mountain. Note that the same types of Q.A deficiencies were noted as those that led to the Zr texture analysis errors in report sent to nuclear clients. This document was posted on the NRC web site in ML013330072.pdf U.S. NUCLEAR REGULATORY COMMISSION OBSERVATION AUDIT REPORT NO. OAR-02-01 "OBSERVATION AUDIT OF THE BECHTEL SAIC COMPANY, LLC AUDIT NO. BSC-SA-01-30 OF Lambda Research, Inc."

1.0 INTRODUCTION

1.1 Lambda Research, Inc. (Background)

The current 'Statement of Work Agreement" between the U.S. Department of Energy (DOE)

Office of Civilian Radioactive Waste Management (OCRWM), Management and Operating Contractor (M&O) and Lambda Research, 1nc (Lambda) is Bechtel SAIC Company, LLC (BSC)

Purchase Order 24540-000-TSA-0005, Rev. 1, and the -'Technical Services Statement of Work for Lambda Research Incorporated, Revision 03," dated September 24, 2001.

The scope of Lambda's work under the current statement of work is to measure residual stresses of welded mockups of selected materials related to the high-level waste container design for the proposed repository at Yucca Mountain, Nevada.

1.2 Performance of the Audit Staff from the U.S. Nuclear Regulatory Commission (NRC), Division of Waste Management, and the Center for Nuclear Waste Regulatory Analyses Center (CNWRA) observed the M&O, BSC, audit BSC-SA-01-30 of activities regarding the implementation of Lambda's Quality Assurance Manual (QAM). This audit was conducted on October 31 through November 1, 2001, at Lambda's facilities in Cincinnati, Ohio.

The purpose of this audit was to evaluate the effectiveness of the implementation of Lambda's QAM, and to determine if applicable requirements of the OCRWM Quality Assurance Program Description (QARD) were being met. The scope of the audit included evaluating the implementation of the QARD and QAM for residual stress measurements supporting the design of the high-level waste containers for the proposed repository at Yucca Mountain, Nevada.

The NRC observers' (observers') objective was to assess whether 8SC Quality Assurance (QA), Product Quality EngineeringfSupplier Audits and Evaluation Section, audit team (audit team) and Lambda were properly implementing the QA requirements contained in Subpart G, "Quality Assurance," to Part 60, of Title 10 of the U.S. Code of Federal Regulations (10 CFR Part 60) and the provisions contained in the QARD. Before the start of the audit, the audit team and observers were given a tour of the Lambda facility.

This report presents the observers' determination of the effectiveness of the BSC audit and whether Lambda implemented adequate QARD and OAM controls in the audited areas.

November 28, 2001 Mr. Ronald A. Milner, Chief Operating Officer Office of Civilian Radioactive Waste Management U. S. Department of Energy 1000 Independence Avenue, SW Washington, DC 20585

SUBJECT:

U.S. NUCLEAR REGULATORY COMMISSION'S OBSERVATION AUDIT REPORT NO. OAR-02-O1, 'OBSERVATION AUDIT OF THE BECHTEL SAIC COMPANY, LLC, AUDIT NO. BSC-SA-01-030 OF LAMBDA RESEARCH, INC.-

Dear Mr. Milner I am transmitting the U.S. Nuclear Regulatory Commission's (NRC's) Observation Audit Report (No. OAR-02-01) of the U.S. Department of Energy's (DOE's), Office of Civilian Radioactive Waste Management (OCRWM), Management and Operating Contractor, Bechtel SAIC Company, LLC (BSC), Quality Assurance (QA), audit of Lambda Research, Inc. (Lambda). This audit was conducted on October 31 and November 1, 2001, at Lambda facilities in Cincinnati, Ohio.

The purpose of this audit was to evaluate the effectiveness of the implementation of Lambda's QA Manual (QAM) and to determine if applicable requirements of the OCRWM Quality Assurance Program Description (QARD) were being met. The scope of the audit included evaluating the implementation of the QARD and QAM for the residual stress measurements of welded mockups supporting the design of the high-level waste containers for the proposed repository at Yucca Mountain, Nevada.

The NRC observers (observers) determined that this audit was effective in identifying potential deficiencies and recommending improvements for the Lambda activities reviewed. During the conduct of the audit, both the BSC audit team (audit team) and the observers reviewed applicable documents, procedures, and activities within the audit's scope.

Also, the audit team and observers reviewed and observed ongoing testing activities. The audit team identified potential deficiencies in training, calibrations, document control, software verification and validation, and corrective action. The staff believes that this BSC audit was well-planned, thorough, and adequately evaluated Lambda's residual stress measurement activities.

The observers agreed with the audit team's conclusions, findings, and recommendations presented at the audit exit. Notwithstanding the audit team's findings, the staff believes that Lambda is properly controlling residual stress measurement activities within the scope of the audit-The staff will continue to interface with OCRWM and follow the progress that Lambda is making to address the issues identified dudrng this audit.

R. Milner A written response to this letter and the enclosed report is not required. If you have any questions, please contact Ted Carter at (301) 415-6684.

Sincerely,

/RA/

C. William Reamer, Chief High-Level Waste Branch Division of Waste Management Office of Nuclear Material Safety and Safeguards

Enclosure:

NRC Observation Audit Report No. OAR-02-01, 'Observation Audit of the Bechtel SAIC Company, LLC, Audit No. BSC-SA-01-030 of Lambda Research, Inc."

Appendix Part D.

Excerpts from 2004 NRC Audit Records of Lambda Research. (The full audit record was available on the NRC web site in the document posted as "ML042750057".)

Note that part "2.0 STATUS OF PREVIOUS INSPECTION FINDINGS" states "There were no NRC inspections or technical reviews performed at the Lambda facility prior to this inspection." Note that this statement conflicts with the records from the 2001 NRC audit of Lambda Research (reproduced in Appendix Part C) indicating that NRC auditors did perform a technical review at Lambda. Also note that, although the NRC audit record states that "The inspectors were not able to identify any QAIR records relating to a 10CFR Part SO, Appendix B purchase order" and "...Part 21 was not applicable to the Lambda activities performed for the specific testing, Lambda, GE Nuclear records, and court records indicate that deficiencies in procedures, software, and training that led to errors noted in the QAIR (Quality Assurance Incident Report) were employed in work whose purchase orders explicitly stated that 10CFR21 was applicable. Two of the NRC auditors had been provided with copies of these records.

Records show that these NRC auditors knew that these defective QA procedures had been used on work covered by 10CFR21 and 10CFR50b (eg, see ML011430464.pdf). This 2004 Audit Report contains false and misleading statements that are significant in that they conceal the history and extent of deficiencies in Lambda analysis for GE Nuclear, Global Nuclear Fuels, Westinghouse, and other nuclear industry clients.

Report No:

Organization:

Vendor

Contact:

Nuclear Industry:

Inspection Dates:

U.S. NUCLEAR REGULATORY COMMISSION OFFICE OF NUCLEAR REACTOR REGULATION 99901345/2004-201 Lambda Research, Incorporated 5521 Fair Lane Cincinnati, Ohio 45227 Ms. Sandy Messerly Quality Assurance Administrator (513) 561-0883 Lambda Research, Incorporated (Lambda) is an independent laboratory specializing in x-ray diffraction and related methods of material testing.

Lambda focuses its testing in the areas of residual stress measurement, texture analysis, and quantitative phase analysis of polycrystalline and ceramic materials. Additionally, Lambda performs x-ray diffraction crystallographic texture analysis of zircalloy products for nuclear industry customers.

September 27-28, 2004 Inspectors:

(Original Is! by J. Petrosino)

Joseph J. Petrosino, IPSB/DIPM/NRR Inspection Team Leader (OricQinal Isl by G. C. Cwalina)

Gregory C_ Cwalina, IPSB/DIPM/NRR (Original /s/ by D. F. Thatcher)

Dale F. Thatcher, Section Chief Plant Support Branch Division of Inspection Program Management Office of Nuclear Reactor Regulation Date: 09/30/04 Date: 09130/04 Approved by:

Date: 09130/04

1.0 INSPECTION

SUMMARY

The purpose of this inspection was to evaluate selected portions of the quality assurance (QA) and 10 CFR Part 21 (Part 21) controls that Lambda Research, Incorporated (Lambda) has established and implemented. The inspection was conducted at Lambda's office and laboratory facility in Cincinnati, Ohio. The inspection bases were:

Appendix B, "Quality Assurance Criteria for Nuclear Power Plants and Fuel Reprocessing Plants," to Part 50 of Title 10 of the Code of Federal Regulations (Appendix B), and 10 CFR Part 21, "Reporting of Defects and Noncompliance."

2.0 STATUS OF PREVIOUS INSPECTION FINDINGS There were no NRC inspections or technical reviews performed at the Lambda facility prior to this inspection.

3.0 INSPECTION FINDINGS AND OTHER COMMENTS 3.1 10 CFR PART 21 PROGRAM

a.

Inspection Scope The NRC inspectors reviewed Lambda Procedure 3P5001.01, "Reporting of Defects and Noncompliance-10CFR21," associated documents and records related to the implementation of its program that had been established to compty with the requirements of Part 21.

b.

Observations and Findings The NRC inspectors noted Section III.A of Procedure 3P5001 requires personnel to report identified problems to the Quality Assurance Administrator. However, a review of the Part 21 training module indicates that personnel are instructed to report problems to the Director of Research. The inconsistency was discussed with Lambda staff who stated the Director of Research or the Vice President, Director of Laboratories, were the correct persons to whom reports should be made. During the inspection, the training module was revised to add the Vice President, Director of Laboratories as a recipient of reports. In addition, Lambda revised Procedure 3P5001 to require reporting to the Director of Research or the Vice President, Director of Laboratories, consistent with the training module.

The inspectors also noted that Lambda's procedure requires informing clients whenever a deviation is discovered, as Lambda does not have the capability to determine if a deviation could cause a substantial safety hazard as discussed in §21.21(b) of Part 21.

(The NRC audit record continues. The full NRC audit record is posted on the NRC web site as "ML042750057".)

REFERENCES 1 NRC Allegation NRR-1999-A-0057 Concerns 1 thru 3. Texture Analysis of Zirconium Alloy. NRC correspondence and report stating that the NRC does not regard known bad texture information to be a safety concern and will not pursue bad data distributed in industry. (A copy of this report is reproduced in the Appendix Part A.)

2 Correspondence. R. W. Borchardt, NRC Executive Director for Operations, to Senator Richard Lugar, United States Senate. November 21,2011. NRC correspondence reaffirming that NRC does not consider known bad texture data to be a safety concern. NRC took no action to curtail dissemination of bad data.

(Copy reproduced in Appendix Part B.)

3 NRC Reading Room file: ML013330072.pdf VERIFICATION OF CORRECTIVE ACTION AND CLOSURE OF DEFICIENCY REPORTS. and U.S. NUCLEAR REGULATORY COMMISSION.S OBSERVATION AUDIT REPORT NO. OAR-02-01,.OBSERVATION AUDIT OF THE BECHTEL SAIC COMPANY, LLC, AUDIT NO. BSC-SA-01-030 OF LAMBDA RESEARCH, INC. (Note that excerpts of this document are reproduced in Appendix Part C.)

4 NRC Reading Room file: ML042750057.pdf. NRC Inspection Report 99901345/2004-21. Excerpts of these NRC audit records are reproduced above in Appendix Part D.

5The "AU Hearing". Testimonyfrom Official Report of Proceedings before the Office of Administrative Law Judges of the US Department of Labor. Docket No.: 2000-ERA-0035. Judge Joseph E. Kane. Sept.

11 - 18, 2001. Also, deposition of Lambda owner from same Docket.

6 United States Court of Appeals for the Sixth Circuit. Case No. 02-3035. Decision. On Appeal from the United States District Court for the SouthernDistrict of Ohio. Pg. 4.

National Transportation Safety Board, PB90-910406 NTSB/AAR-90/06, "Aircraft Accident Report United Airlines Flight 232".

8 H. M. Chung et al. "Characteristics of Hydride Precipitation and Reorientation on Spent-Fuel Cladding".

Zirconium in the Nuclear Industry. 13'h International Symposium, P. 561.

9Grytsyna et al. "Destruction of Crystallographic Texture in Zirconium Alloy Tubes." Zirconium in the Nuclear Industry. 14th International Symposium, p 305. Journal of ASTM International, Sept. 2005 Vol 2 No. 8.

'0 Dahlback et al. "The Effect of Beta-Quenching in Final Dimension on the Irradiation Growth of Tubes and Channels". Zirconium in the Nuclear Industry. 14th International Symposium, P. 276. Journal of ASTM International, June. 2005 Vol 2 No. 6.

z' Motta et al. Microstructure and Growth Mechanism of Oxide Layers Formed on Zr Alloys Studied with Micro-Beam Synchrotron Radiation. Zirconium in the Nuclear Industry. 1 4 th International Symposium, P. 205. Journal of ASTM International, May. 2005 Vol 2 No. 5.

12 Nuclear Fuel Behavior in Loss-of-Coolant Accident (LOCA) Conditions. State of the Art Report. Nuclear Energy Agency (NEA No. 6846). Organization for Economic Co-operation and Development (OECD)

Report. 2009.

13,Supreme Court Declines Nuclear Waste Case", Government and Policy Concentrates, Chemical and Engineering News, Dec. 17, 2005. P. 23.

DOCKETED USNRC September 17, 2012 (8:30 am.)

OFFICE OF SECRETARY RULEMAKINGS AND ADJUDICATIONS STAFF

Docket, Hearing From:

Sent:

To:

Cc:

Subject:

Attachments:

Mark Kelly [mark.kelly201 lzr@gmail.com]

Saturday, September 15, 2012 11:50 PM Docket, Hearing; Siarnacki, Anne Mark Kelly Limited appearance statement to: Office of the Secretary Rulemakings and Adjudications Staff US Nuclear Regulatory Commission Re: Indian Point Nuclear Generating Units 2 and 3; (Application for License Renewal Entergy Nuclear Op Inc Office of Sec-Rulemakings and Adjud Staff-LimitedAppearanceStatement on Indian Point Application for License Renewal - M Kelly 9-15-2012.pdf Attached is a pdf file containing a "Limited Appearance Statement" to: Office of the Secretary Rulemakings and Adjudications Staff US Nuclear Regulatory Commission Re: Indian Point Nuclear Generating Units 2 and 3; (Application for License Renewal Entergy Nuclear Operations Inc.

Please let me know if this submission is not accepted. Thank you, Mark Kelly 1