ML19280B558

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Submits Review of Ofc of Executive Director Comments on Rept Re Adequacy of IE Investigation 50-358/80-09,in Response to 811002 Request
ML19280B558
Person / Time
Site: Zimmer
Issue date: 10/08/1981
From: Jamarl Cummings
NRC OFFICE OF INSPECTOR & AUDITOR (OIA)
To: Palladino N
NRC COMMISSION (OCM)
Shared Package
ML19280B555 List:
References
NUDOCS 8112080194
Download: ML19280B558 (9)


See also: IR 05000358/1980009

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UNITED STATES

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NUCLEAR REGULATORY COMMISSION

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WASHINGTON, D. C. 20555

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MDiORANDU!' FOR:

Chaiman Palladino

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FROM:

James J. Cummines, Director

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Office of Inspector and Audito

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SUBJECT:

DIA REPORT DATED AUGUST 7,1981, "ADEQUD OF IE

ITNESTIGATION 50-358/80-09 AT THE WILLIAM H. ZIMMER

NUCLEAR POWEP STATION"

Your nemorandum of October 2,1981, requested that the Office of Inspector

'and Auditor (OIA) review EDO comments on the subject report.

DIA has

completed a review of the ED0's memoranda dated September 17, 1981, and

our responses are as follow:

ED0 Comment (First EDO memorandum - Attachment 1)

"The OIA findings and supporting argunents contained in the August 7,

1981 memorandum, J. Cunmings to the Commissioners, disturb me

deeply.

I am forced to conclude that DIA may not clearly understand

the NRC mission or priorities, nor the processes and controls

involved in the construction of a nuclear power plant.

I am unable

to conclude that the OIE investigation of Applegate's allegations

was unsatisfactory.

"Our goal forplants under construction is to ensure that they are

constructed in a manner to provide adequate public protection after

they are licensed to oper>te. We attempt to ensure that all potential

construction defects, irrespective of how they are identified, are

adequately corrected prior to the operation of a nuclear power

pl a nt.

To that end, the optimal use of our resources is achieved

when identified defects are vorified to be in a utility's corrective

action system.

The potential for further reduction of risk to the

public is not commensurate with the incremental resources required

to broaden the depth and breadth of this type of investigation as

suggested in the OIA report.

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"I have been infomed there are factual inaccuracies in the OIA

report.

I will be forwarding our detailed comments on the 01A

g c 7 g 9: y

report in a separate nemorandum."

e112080194 811116

IE

ADOCK 05000358

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Chaiman Palladino

2

OIA Response

The above ED0 comment attempts to obfuscate the real issues by

cuestioning OIA's understanding of NRL programs and suggesting that

the public health and safety would not have been served if IE had

conducted a cetailed investigation in this and similar type cases.

First, the issue is whether IE conducted an adequate investigation

cf fir. Applegate's original allegations, not whether 01A understands

the NRC's mission and priorities.

An investigation is defined on

page 4, Chapter 8 of the IE Inspector's Manuel as follows:

"An investigation .uii be defined as an activity conducted as a

result of an incideat, accident, reporta'le occurrence, allegations

u

or complaint reported by a licensee or others which involves

licensable materials or activities to gather, correlate and

evaluate information indepth for the purpose of establishing

the cause, nature, extent, and circumstances of a condition or

an occurrence.

"An investigation differs from an inspection in that it is not

a scheduled activity but is a response to an outside stimulus.

It focuses on a specific natter and examines it in detail.

The goal of an inve%igation is to obtain all certinent infomation

Lvailable regarding a specific subject or event.

Investigations

a_re concuctea to cetemine what happened, to identify causes,

to detemine compliance or noncorpliance, and to ornvide the

information necessary to evaluate the significance of the

matter.

In some instances the results of an investigation may

identify the need for a change in NRC regulations or policy.

The tem' investigation does not carry with it the implication

of criminality, wrongdoing or dishonesty. A given investigation

may, nowever, involve these matters."

(Emphasis added.)

Clearly, IE Investigation 50-358/80-9 did not satisfy the above

standards or generally accepted investigative standards of cther

Government agencies.

It shoulu clearly be understood that DIA did

not evaluate IE's investigation based on FBI or other criminal law

enforcenent investigative procedures and/or standards.

Fundamentals

basic to e'l investigations were simply not observed in this instance.

The inw .igative file conteined no results of interview g all

nor wr

sere any detailed record of copies of the documentation

rev1:

Second, the ED0's position that the potential for further reaction

of risk to the public would dictate that investigations of this

.

.

Chaiman Palladino

3

type not be broadened-is without merit in this instance.

In this

case the IE investigation did not even review the weld dats packages

relative to the specific welds alleged to ba defective, nor did the

IE investigation pursue logical leads on the issue of whether the

CG&2 OA Manager ordered the alteration of the hR which allowed the

pipe spool pieces to be released for installation.

DIA beheves that

the minimal additional resources required to adequately address these

issues would have been more than justified by the potential benefit

to the public health and safety.

Third, DIA believes that the ED0's statement "I have been informed

there are factual inaccuracies in the OIA report" is not supported

by the ED0's detailed comments.

Finally, over the past several years IE has conducted numerous

investigations and inspections of the Zimmer plant.

Despite this

presence it is only recently that the dimension of the licensee's

paperwork problem associated with the QA welding program in some

a reat has surfaced.

A cmtributing factor to the delay in identifying

this defect might have t~en that these inspections and investigations

were not sufficiently comprehensive to identify this issue in a

timely manner.

EDO Comment (Second EDO memorandum - Attachment 2)

" Enclosed are the OIE comments relative to the OIA investigative

findings.

I would like to specifically direct your attention to

the enclosed weld chronologies.

Clearly, these velds had been

identified and placed in a corrective action system prior to Applegate's

i nvol veme nt.

"I believe the OIA report sunmary (page 2) best characterizes the

safety issue.

'One of Applegate's nain allegations was that defective welds

in safety-relatet systems have been accepted.... By virtue of

prior IE inspections..., it is clear that Region III was well

aware of the chronic and long history of welding problems at

Zinner:

specifically, that unacceptable welds in safety-

related systems' had for all intents and purposes been accepted

by both the contractor and, in some cases, the licensee.

Based upon these inspections, P.egion III required the licensee

to rereview radiographs and reports of all welds which had

been accepted for turnover prior to operation; this review

started in October 1979 and portions of this review are still

being studied by Region III.'

"It appears to be irrelevant to debate whether or not the welds had

been accepted; the pertinent fact is that the welds were in a

system to obtain corrective action.

.

Chairman Palladino

4

"I am confident that the aggregate of licensee and HRC actions

would have resulted in adequate welds prior to the operation of

this plant, irrespective of Applegate's involvement."

OIA Discussion

Enclosure 1 to the second EDO memc andum is Office of Inspection and

Enforcement Canments entitled " Replies to OIA Findings." This document

lists seven 01A findings and discusses each of these findings.

Unfortun-

ately, this IE docunent is not responsive to the four reasons listed by

OIA as the justification for 01A's finding.

Rather, it is a selection

of seven portions from the summary section of the 01 A report.

Enclosure 2

to the same letter is Weld Chronologies and nrlates to the three welds

in question.

The basis upon which IE attenpts to dispute the "seven OIA findings" is

based to a large degree on information which was not known to IE until

after the OIA report was issued and after IE had conducted a reinvestigation

of the facts.

Nevertheless, the following is an 01A response to the

seven comments,

IE REPLIES TO OI A Findings

"1.

DIA Finding

OIA review of investigative files disclosed inadequate docunentation.

Discussion

The OIA canment on documentation (page 2) refers to the RIII

investigative file, rather than the investigation report

i tsel f.

They noted that no "results of interview" or copies

of weld documentation reviewed were in the file.

On page 13,

it is pointed out that no identification key was generated for

the investigative file.

Neither NRC, IE, nor RIII procedures require a "results of

interview" to be generated for each interview, and all interviews

are not required to be portrayed in detail in an investigation

reports

Investigation reports should contain all pertinent

information, whether obtained through observations, records or

interviews, concerning the matter investigated.

There is no need for retention of copies of all documentation

obtaineo during an investigation.

If a document appears to be

relevant to the case, it is often reviewed onsite, and no copy

is obtained.

If a document appears central to an allegation,

.

2.

(

Chairmon ralladino

5

it is then copied, and may be made an attachment to the report,

if warranted by the issue involved."

OIA Response

See OIA response, page 2,

paragraphs 3 and 4 (continued on page 3) of

this remorandum.

"2.

DIA Finding

IE investigative report did not identify the dates on which

the welding rework was conducted on weld K-811.

Discussion

Although the IE investigation report did not identify the date

when weld K-811 was removed (approximately January 16,1980),

the report did correctly identify that the weld had been

removed as provided by the disposition of NR No. E-2138Rl.

Thus, the weld alleged to be improper was nonexistent, having

been renoved eighty-two days prior to the investigation team's

arrival at Zimmer.

Determination of the date of rework was

not necessary in our view."

OIA Response

The rework on weld K-811 was done in mid January 1980.

This was after

Applegate had been hired by CG&E - approximately mid December 1979 -

and after Applegate had brought infornation of potential weld defects in

weld K-811 to the attention of CG&E officials - early January 1980.

Thus the question of exactly why and when weld K-Bil was replaced should

have been fully resolved.

Despite IE's review of NR No. E-2138R1, (this

document indicated a cut out and replacement date between January 14,

1980, and January 22,1980),

IE neither resolved the question nor

reported this information in their investigative report.

"3.

01A Finding

~

The IE investigation report did not identify that a nonconformance

report (NR) on weld K-811 had initially been closed with the

notation " accept as is," and was later voided and reopened to

order the weld cut out.

1

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Chairman Palladino

6

Discussion

The finding as stated is incorrect.

The " accept as is" stsiement

on the NR was conditional in that it only applied if a radiegraph

snowed the weld to be acceptable.

Apparently the OIA investigator

misunderstood the NR."

0IA Response

Weld K-811 was welded in January 1979 and accepted by Kaiser in January

1979 according to the Vaiser weld data sheet.

Some 10 months later,

October 1979, NR No. E-2138 was generated by Kaiser noting that the ANI

hold point had been missed and directed that the weld be radiographed

and, if the radiograph were acceptable, the weld was to be accepted as

is. The NR further categorized the problem as a " procedural" one.

The

IE investigation never reviewed (or even attempted to locate) this

original version of HR No. E-2138; therefore the IE investigation failed

to determine that Kaiser had proposed accepting the weld without the

approvLi/*siver of the ANI. More importantly the IE investigation relied

on a revision of this NR, NR No. E-2138R1, which contained bogus information

both as to the date of the weld, October 1977, and the date a decision

was made to cut out the weld, October 1979.

"4.

OIA Finding

The investigation did not determine that weld RH-42 had been

cut out and replaced after initiation of the investigation.

Discussion

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The finding is correct.

The investigation did, however,

properly determine that weld defects had been identified and

corrective action was planned. The actual date of corrective

action is not significcat."

OIA Response

OIA believes IE's failure to determine the fact that weld RH-42 was in

fact cut out after the investigation was initiated is indicative of the

shallowness of the investigation.

IE's bottom line statement that "the

NES level II radiographer found some discrepancies that have not been

resolved, and the weld has not been given final acceptance" (IE Report

at page 8) is a far cry from the true status of this weld.

'.

.

Chaiman Palladino

7

"5.

DIA Finding

None of the welds alleged to have been deficient were inspected

by the investigation team nor was all pertinent weld documentation

reviewed.

Discussion

The finding is correct but considered irrelevant.

The investigators

did not inspect the welds but did review the radicgrephs,

which was the correct method of evaluation.

Visual examination

of the weld would not identify internal defects.

The investigators

did not review all weid documentation but did review the

pertinent documentation to establish propar weld disposition."

OIA Response

If a visual inspection had been conducted, IE would have discovered that

weld RH-42 was non-existent and that weld CY 606 was covered by concrete -

despite its NES review status.

These facts are hardly irrelevant.

"6.

DIA Findino

The IE investigators did not fully investigate or accurately

report on the alteration of a noncomfomance (fM) related to

spool pieces containing defective welds.

The IE report only

identified an individual as a "CG&E official" vice "QA Manager,"

thus obscuring that this was the licensee's senior person

responsible for the site QA program who ordered improper

voiding of a NR.

Discussion

Investigator Phillip indicates that the natter was discussed

with his supervisor, and the pursuit of who directed the

lining-out was seen as having little significance.

This was

because a separate NR had been opened, previoing tracing of

the nonconfomance.

Finally, neither OIE nor DIA could substantiate

the allegation."

OIA Response

As a result of IE's investigation Region III cited CG&E - ir. fraction -

for release of the pipe spools "...This release was achieved through

unauthorized removal of the noted exceptions on the NP.."

(1. ten a.,

part-

graph 2 of the Notice of Violation, Appendix A to letter from I:eppler (NRC)

to Borgmann (CG&E) dated July 2, 1980.)

IE also had received infomation

.

Chairman Palladino

8

that the CG&E QA manager was the individual who directed this unauthorized

action.

If the action in question was considered serious enough to

warrant a citation against the licensee then how can it now be rationalized

as "having little significance" with respect to identifying the individual

who was responsible for this action.

Furthermore, IE was unable to

produce any results of interview of the parties involved. Significant

information sinply cannot be arbitrarily withheld from investigative

reports.

"7.

OIA Finding

The IE report found Applegate's allegations on defective welds

was "not substantiated" because welds had not been finally

accepted. This is a question of semantics and not consistent

with the facts.

Discussion

The use of the term "not substantiated" was linked with the

RIII view of the status of the acceptance of welds.

RIII was,

through previous inspection findings, well aware that nondestructive

examination techniques had been found to be deficient. Based

on the NRC findings and related concerns, a consultant had

been hired by the licensee to review wold radiograpns. That

action negated any previous " acceptance" of plant weld radiography.

The previous inspection findings and status of the welds in

question are correctly stated in the IE report.

As such, it

should be clear that the licensee had not given final acceptance

to the welds in question and a system was in place to assure

that defective welds would be identified and corrected prior

to final acceptance.

As shown in the chronologies, decisions

to grind out and replace two of the welds in ouestion (WR-K-

911 and RH-42) had been nade prior to initiation of the RIII

investigation."

DIA Response

Applegate alleged that defective welds had been accepted - among them

CY 506, RH-42 and K-811.

CY 606 was accepted by Kaiser in August 1976

and again in June 1977.

RH-42 was accepted by Kaiser in August 1976 and

V-811 was accepted by Kaiser in January 1979.

Furthennore, until 1979

acceptance and turnover of a weld by Kaiser, for all practical purposes,

enounted to acceptance by CG&E.

.

.

.

J

Chairman Palladino

9

Weld Chronolooies

(See Attachment 2)

OIA Resoonse

OIA fails to see the ED0's point in asterisking items in the weld

chronology with the notation "significant information not in 01A's

chronol ogy. "

If the point is that DIA's investigation was deficient /

incomplete because it also failed to document the complete history and

status of the welds in question then it should be pointed out that 01A's

job was not to conduct a cc prehensive reinvestigetion but rather to

evaluate the work done by IE. The additional fielc work done by IE to

detennine the correct status and history of the welds in question is

precisely the type of field work that should have been done by IE in

their initial investigation.

01 A's determination that the IE investigation

failed to determine the correct status and history of several welds is

valid, i.e., weld RH 42 was cut out in April 1980, weld K 811 was not

welded on fiovember 9,1977 but on January 29, 1979.

Attar':aents:

As stated.

cc:

Conmission (4)

W. Dircks

V. Stello

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