ML17229B349
| ML17229B349 | |
| Person / Time | |
|---|---|
| Site: | Millstone  |
| Issue date: | 02/14/1995 |
| From: | Gray J NRC OFFICE OF ENFORCEMENT (OE) |
| To: | Favaloro A External (Affiliation Not Assigned) |
| References | |
| EA-94-247, NUDOCS 9502160007 | |
| Download: ML17229B349 (3) | |
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EA 94-247 UNITED STATES NUCLEAR REGULATORY COMMISSlON WASHINGTON, D.C. 20555-0001 February 14, 1995 Mr. Anthony Favaloro, President American Power Services 97 Tenney Street Georgetown, Massachusetts 01833
SUBJECT:
FALSIFICATION OF CERTIFICATION RECORDS
Dear Mr. Favaloro:
This letter is in reference to an NRC Office of Investigations (OI) investigation that was conducted regarding the alleged falsification of American Society of Nondestructive Testing (ASNT) certificates.
These certificates were submitted by you to a representative of Northeast Nuclear Energy Company (NNECo) and identified two APS employees who were allegedly certified by ASNT to perform ultrasonic testing of refitted bearings to ensure that quality standards were maintained during refurbishing.
In reality, neither of these employees were so certified.
The certificates accompanied the refitted bearings that were to be used at Millstone Unit 2 facility in the reactor building closed cooling water system (RBCCW),
a system required to be maintained in accordance with Appendix B of 10 CFR Part 50.
Fortuitously, the bearings were not installed in the RBCCW system at Millstone without being properly tested because NNECo satisfactorily performed testing of the
- bearings, in accordance with the requirements of Appendix 8 of 10 CFR Part 50.
The OI report concluded that you and the two APS employees deliberately provided false ASNT certificates to NNECo in conjunction with refitting of the RBCCW bearings.
A copy of the OI report synopsis that reports these findings is enclosed.
The NRC Office of Enforcement has performed a review of the facts of this case to determine if civil enforcement action is appropriate.
As a result of that
- review, we have determined that no NRC action is warranted with respect to the OI findings because NNECo procured the bearings as commercial grade components and dedicated them under NNECo's own quality assurance program without intending to rely on the falsified certificates.
It is important for you to realize that, but for NNECo's actions to test and dedicate the bearings, enforcement action against you would have been warranted.
Our decision not to pursue enforcement action notwithstanding, I must be sure that you fully understand the seriousness and unacceptability of your actions.
An inherent aspect of NRC regulation of licensed activities is the necessity that vendors to NRC licensed nuclear reactors maintain their integrity for providing complete and accurate information to both the NRC and NRC licensees.
The NRC considers the falsification of qualification documents utilized to assure the quality of safety-related components to be wholly unacceptable; any future instances of such behavior that result in violations of NRC requirements will be considered for enforcement action in accordance with the Enforcement Policy of 10 CFR Part 2.
9502ih0007 9502i4 PDR ADOCK 05000336 8
February 14, 1995 Ameri can Power Servi ces In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice,"
a copy of this letter will be placed in the NRC Public Document Room.
Sincerely,
Enclosure:
As stated DISTRIBUTION PUBLIC JLieberman, OE
- JGray, OE
- RGallo, NRR OE:EA File (2)
MSatorius, OE
- THartin, RI SRI, Millstone NUDOCS Joseph R. Gray, Deputy Director Office of Enforcement OE NSatorius 02 i~
95 OGC JGoldber 02 95 NRR R allo
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G:)APS-LTRI.NS
SYNOPSIS This case originated with the receipt =of a letter, dated Har ch 4,
- 1994, from Northeast Nuclear Energy Company (NNECo) advising the NRC that they had detected'uestionable American Society for Nondestructive Testing (ASNT) certificates.
The ASNT certifications were submitted by a vendor, American Power Services, Inc.
(APS), to verify that APS technicians that performed ultrasonic tests on four refitted babbitt bearings were qualified to perform the tests.
The refitted babbitt bearings were to be used at Hillstone Unit No. 2 in the Reactor Building Closed Cooling Water (RBCCW) System.
Since the bearings were uality assurance classified/safety-related, they had to undergo the utility's dication process to ensure their acceptability.
The OI investigation sought to determine whether APS deliberately and improperly provided false ASNT cer tifications for the refitted babbitt bearings.
Based on the evidence developed by OI, it is concluded that the president of APS and two APS employees deliberately and improperly provided false ASNT certifications to NNECo in conjunction with work performed pursuant to Purchase Order No. 304114.
Case No. 1-94-012R