ML20028D746
| ML20028D746 | |
| Person / Time | |
|---|---|
| Issue date: | 06/04/1982 |
| From: | Jamarl Cummings NRC OFFICE OF INSPECTOR & AUDITOR (OIA) |
| To: | Sniezek J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| Shared Package | |
| ML20027A771 | List: |
| References | |
| NUDOCS 8301190425 | |
| Download: ML20028D746 (3) | |
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Jan.es H. Snierek, Deputy Director Office of Inspection and Enforcement,
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OfficeofInspectorandAuditor[s],..gf FROM:
James J. Cummings, Director
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SUBJECT:
REVIEW 0F HAYWARD TYLER PUMP C0"PAflY -
REPORTS OF INVESTIGATION / INSPECTION As requested in your memorandum of March 25, 1982, I have reviewed the Region IV Report of Investigation of the Hayward Tyler Pump Company (HTPC).
My principal concern with the Report of Investigation is the unavailability of information provided by a number of persons interviewed. Many interviews that viere conducted are neither attached to the report nor reported in detail in the body of the report.
As example, the section entitled, "Investicative Findings", Paragraph 2, states that interviews were conducted with Individuals A-9, A-10, A-11, A-13, A-14, A-16, A-17, and A-10 who said that upper management, identified as A-35 through A-37 did not support the QA program at the HTPC. However, the report of investigation does not attach a result of interview for these individuals or provide sufficient detail in the body of the report to support or explain this conclusion.
On the other hand, results of interview or sworn statements are attached to the report for selected other individuals. As a consequence, this lack of consistent reporting and the unavailability of the information prevents me from comprehensively assessing the investigation for criminality.
The review that I did conduct of the original allegations, the interviews conducted during the investigation, and the entire Report of Investigation identified three areas which should have received intensive NRC investigative attention.
These three areas are noted below.
In addition, a fourth issue which arose during the course of the investigation is also noted.
In sum, I believe the focus of the HTPC investigation should have been more carefully directed and should have more carefully addressed the following MRC concerns:
CONTACT:
Albert B. Puglia, 0IA 492-7170 8301190425 830104 PDR COMMS NRCC CORRESPONDENCE PDR
James H. Sniezek A.
False Documentation In section "Investicative Findinos" Paragraph 2, the report states.
that HTPC employees had signed off routing sheet operations for work they did not personally perform or conducted welding or machining c;erations with no paperwork.
- n p:racraph 2.c. Individual A-17 (for whom there is no report of interview) explained that he would sign another welder's signature on a routing sheet and also place another welder's stamp on the ccmponent.
Individual A-19 (for whom there is no report of interview) admitted on occasion he would place his own signature and his own stamp to a welded component that someone else had welded.
This information suggests the possibility that false documentation violations may have occurred at HTPC. However, due to the absence of a detailed reporting of discussions with interviewees, it is not known with any degree of certainty whether this activity was occurring with such frequency and with such intention that criminal referral is warranted. Moreover, there does not appear to be any effort to locate and obtain documents which would substantiate that this activity took place at HTPC.
B.
Section 223(b) of the Atomic Energy Act of 1954 A larger question raised by the Clegations concerning HTPC's manufacturing of pumps for nuclaar power plants is whether HTPC violated Section 223(b) of the Atomic Energy Act of 1954 which carries criminal penalties. With respect to supplying components to a licensed nuclear facility, it is a criminal violation to knowingly and willfully violate the Act, or any rule or regulation thereunder. To date, neither the investigation, the inspection, or other Office of Inspection and Enforcement action has adequately assessed or addressed the issue whether HTPC has supplied deficient pumps to nuclear facilities.
Referral of the matter to the Department of Justice will depend to a large extent on the condition of the pumps furnished to licensed nuclear facilities.
C.
Intentional Removal of QA Records This issue was adequately developed and resolved by the reinterview of A-2 who stated that his initial signed sworn statement to the f;PC was in error.
D.
Inconsistent Statements of A-2 A major objective of the f;PC investigation of HTPC was to risolve the allegati:n by A-2 that quality assurance records were removed prior to an lRC inspection in ordt to prevent examination of the
' James H. Sniezek -
records.
The substance of this allegation was true, cuality assurance records had been rencved frcm HTPC ranufacturing facilities albeit for legitimately and satisfactorily explained reasons.
However, it subsequently develeped that A-2 may not have forthrightly described the conditions and circumstances in which the records were removed.
A-2's inconsistent statements imprcperly characterize who transported the records to the warehouse. The Report of Investigation also suggests that A-2 also attributed statements about the records to another person when, in fact, A-2 had made the statements. While admittedly there are inconsistencies in A-2's sworn affadavit and sworn statement of January 14, 1982, when compared to his sworn statement of fiarch 4,1982, these inconsistencies did not mislead the NRC as to the substance of the allegation or result in the misguided expenditure of HRC investigative resources.
The removal of the records was an event properly requiring NRC investigative attention.
In view of these circumstances, we do not contemplate referral of the matter.
In conclusicn, the Region IV Report of Investigation appears to suggest that NRC regulatory requirements were not met at HTPC because of inaccurate recordkeeping, poor manufacturing practices, and a lack of understandirg of adequate quality assurance requirements rather than from an intent to falsify, mislead, or deceive the NRC. However, without the benefit of information provided by all persons interviewed, I am not prepared at this time to conclude that crim'9al acts did not take place at Hayward Tyler Pump Company.
In addition, it is my understanding that the new Office of Investigations (0I) is conducting further investigation in regard to HTPC.
Accordingly, I would request that the results of this investigative effort be furnished to 0IA upon completion in order that I may complete the OIA review of the HTPC matter.