ML20011D902
| ML20011D902 | |
| Person / Time | |
|---|---|
| Issue date: | 07/10/1989 |
| From: | Cilimberg R Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20011D899 | List: |
| References | |
| FOIA-89-417 NUDOCS 9001020284 | |
| Download: ML20011D902 (6) | |
Text
g-44 E
is IN THE UNIIED STATES DISTRICT COURT I
J FOR THE DISTRICT OF NEW-JERSEY L
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UNITED' STATES OF1 AMERICA,
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' Petitioner,
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.v.
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MEREDITH CORPORATION,
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Hillside,1New1 Jersey,-
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L Re'spondent. :
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' DECLARATION OF RAMON CJLIMBERG
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I, Ramon Cilimberg, do hereby declare that the following
. is.true and correct to the best of my ability under penalty of perjury:
1.
I make the following statements from my own
- personal knowledge or from knowledge received in my official
. capacity-andErelied upon by me in the ordinary course of my duties.
.2.
I am a metallurgical engineer in the Vendor Incpection Branch (VIB), Division of' Reactor Inspection and Safeguards, Office of Nuclear Reactor Regulation at the U.S.
Nuclear. Regulatory Commission ("NRC" or " Commission").
I am
- responsible for inspections of vendors engaged in manufacturing or-cupplying fuel, components, and materials for licensed nuclear power p'lants.
In addition, I perform special inspections at reactor sites, licensee corporate offices, and testing icboratories.
These inspections require knowledge of records 9001020284 891220 PDR FOIA BELAIR89-417-PDR
~ _
1 maintenance, metallurgy, welding, destructive tests and nondestructive examination, i.e.,-tensile, impact, chemical, ultrasonic, liquid penetration tests.
3.
On June 26, 1989, I and twc cther NRC inspectors arrived at the Meredit'h Corporation, Pressure Vessel Nuclear (PVN), located at 460-Hillside Avenue, Hillside, New Jersey at 11:00 a.m. to perform an inspection.
The other two inspectors were S. M. Matthews and R. N. Moist.
4.
We advised Mr. Hamilton Vazquez, Vice President-and QuL11ty Assurance (OA) Manager of PVN thbt this unannounced inspection was being performed in reaction to a May 4, 1989 indictment of PVN, together with Alloy & Carbon Steel, Incorporated (Alloy),-also located in Hillside, New Jersey, by the
'U.S. Department of Justice (DOJ) on behalf of the U.S. Department of Defense.
S.
he requested document packages (DPs) covering nuclear olders filled by PVN and Alloy during the periods 1984-1985, 1986-1987, and 1988-1989 to commercial nuclear power plants licensed by the NRC.
6.
We specific 611y requested DPs containing purchase requirements, certified material test reports (CMTRs), and other documents covering material supplied to PVN and Alloy by Bethlehem
. Steel Corporation, Phoenix Steel Corporation and Lcvinson Steel l
Company relevant to commercial nuclear purchase orders.
7.
Mr. William Lanza, President of PVN, advised the inspectors to speak by telephone with Mr. Roger Adelman, an e
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attorney with Kirkpatrick and Lockhart (ML) in Washington, D.C.
l He stated that KL was representing PVN.
B.
Mr. Lanza placed a telephone call to Mr. Adelman, who spoke with me.
Mr. Adelman advised me that he would advise his client not-to allo'w the inspection to proceed until he was provided a written document stating the authority and the purpose for the inspection.
Accordingly, we 3 eft the'PVN site because Mr. W. Lanza would not provide access to the DPs.
9.
At 3:45 p.m. on June 29, 1989, I again arrived at the Meredith facility with inspectors Matthews and Meist.
I again requested access to perform an inspection.
At 4:00 p.m. we met with Mr. William H. Lanza, Mr. Hamilton Vazquez, Vice Preradent l'
l
_and QA Manager, and Mr. Peter Gilbreth, an attorney from the L
Stephen Weinstein law firm in Morristown, N.J.
10.
I handed Mr. William Lanza a copy of a June 28, 1989 letter from Mr. William Brach, Chief of the Vendor Inspection Branch, to Mr. Roger Adelman.
I informed Mr. Lanza that the.NRC 1
team was at PVN to perform an inspection and the letter provided the legal authority and'the purpose for the inspection as requested bf Mr. Adelman.
11.
Mr. Lanza stated that he had been provided a copy of the letter by Mr. AdelmLn, who had previously visited the PVN site and already departed.
Mr. Lanza stated that "there would be no inspection of PVN today" and introduced Mr. Gilbreth, who stated that " arrangements" were being made by Karla Letsche, O
e 3
+ kt Lenother' attorney representing PVN, with NRC attorneys to Occommodate the NRC inspections.
12..
I-called my supervisors, who had no knowledge of cny'" arrangements."
13.
At the suggestion of Messrs. Lanza and Gilbreth, a conference telephone call was placed to Ms. Letsche.
The call included myself and the other NRC inspectors, PVN officials Lanza 5
' ond Vazquez, my NRC supervisors, NRC attorneys, Ms. Letsche and Mr. Gilbreth.-
i
- 14. -Upon Ms. Letsche's advice, PVN officials refused to
' ollow the NRC inspectors to inspect-the premises of PVN.
15.
At that point, the conference call was terminated cno we left the PVN site.
Further Declarant sayeth naught.
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2 s, UM RAMON CTLIMBERG f
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HEADQUARTERS DAILY REPORT September 25, 1989 Q
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OFFICE OF NUCLEAR REACTOR REGULATION
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Associate Director for Special Projects
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Comanche Peak Meredith Corportation and af filiates Pressure Vessel Maclear (PVN) and ALLOY and Carbon Steel Company. Incorporated, allegedly falsifted certifications of materials that was sold to Department of Defense Contractors..The various companid, steel.
stenciled defendants in the pending case allegedly falsely marked and created false oocementatson bearing the letterhead of s.
altered certified material test reports, and prepared false certifscates of c o n f o rma nc'e.
CPSES has purchased steel f rom Pressure vessel Nuclear and Mkredit h Corp-i ration. Further applicant technical evaluation.is required to determine the safety significance of this deficiency.
Onsite inspectors will followup per MC 2512.
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OFFICE OF ENFORCEMENT Significant Enforcement Action l
LICENSEE / FACILITY AMOUNT NOTIFICATION / SUBJECT I
Tennessee Valley
$87.500
.A Notice of Violation and Proposed i
Authority Imposition of Civil Penalty was issued (Sequoyah) on September 22, 1989.
The action was
{
based on three examples of failure to I
implement or adhere.to safety review I
program requirements. (EN 89-88)
U.S. Testing Co.. Inc. $200.000 A Notice of Violation and Proposed Modesto. California Imposition was issued on September 22, 1989.
The action was based on numerous i
violations which demonstrated, at a minimum, careless disregard for radiation safety and a serious breakdown in manage-ment oversight and centrol.
(EN 89-92).
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