ML20059L437
| ML20059L437 | |
| Person / Time | |
|---|---|
| Issue date: | 09/13/1990 |
| From: | Office of Nuclear Reactor Regulation |
| To: | |
| Shared Package | |
| ML20059L434 | List: |
| References | |
| REF-QA-99901101 99901101-88-01, 99901101-88-1, EA-90-062, EA-90-62, NUDOCS 9009260322 | |
| Download: ML20059L437 (2) | |
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Planned Maintenance Systems EA-90-062-Docket No. 99901101/88-01 APPENDIX A NOTICE OF VIOLATION i
As a result of the inspectior conducted on May 9-12, 1988 and in accordance with Section 206 of the Energy Reorganization Act of 1974 and its implementing regulation 10 CFR Part 21, tt,e following violations were identified and cate-gorized in accordance with the NF.C Enforcement Policy,10 CFR Part 2, Appendix C,(1988)-
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Section 21.21(a), " Notification of Failure to Com)1y or Existence of I
a Defect," of 10 CFR Part 21 requires, in part, t.1at each individual or 1
other entity subject to the regulations adopt appropriate procedures to provide for evaluating deviations or irforming the licensee or purchaser of the deviation in order that the licensee or purchaser may cause the deviation to be evaluated unless the deviation has been corrected.
Contrary to Section 21.21(a), PMS Frocedure Q-31086-1, Revision 1 "NRC Notification of Deficiencies or Nonconforriances " dated March 10, 1986, is inadequate in that it neither addresses the required PMS evaluation of a deviation nor provides for notifying the licensee or p(88-01-01).urchaser of the deviation so they may cause an evaluation to be perfo P
This is a Severity Level IV Violation (Supplement VII).
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Section 21.21(a), " Notification of Failure to Comply or Existence of a l
Defect," of 10 CFR Part 21 requires, in part, that the vendor t
l organization either evaluate deviations or-inform the purchaser of the l
deviation so that the purchaser may cause the deviation to be evaluated.
Contrary to Section 21.21(a) PMS did not perform an evaluation of deviations, specifically, multiple failures to comply with contractually required IEEE-323 requirements for safety-related equipment that it supplied to nuclear plant facilities, nor did PMS inform their customers of.these deviations.
(See Section E of Inspection Report (IR) No.
9901101/88-01.) Furthermore, PMS failed to evaluate or inform their custo'ners of deviations associated with certificates of compliance (C0Cs) that were completed by PMi and not the responsible subtier vendor.
(See SectionEofabove-refereicedIR.) The most significant issue discovered by the HRC staff was that PMS (Mr. Rodney C. Hanner) willfully modified Westinghouse and Gould C0Cs to fraudulently represent commercial-grade l
products supplied to NRC licensees as safety-related.
(See Section E of l
above-referencedIR).
(88-01-02).
l This is a Severity Level 11 Violation (Supplement Vil).
1 9009260322 900913 PDR GA999 EMVPLANN 99901101 PNU L
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Section 21.31, " Procurement Documents," of 10 CFR Part 21 requires, in part, that each individual or other entity subject to the Part 21 i
regulations will assure that each procurement document specifies, when i
applicable, that the provisions of 10 CF2 Part 21 apply.
Contrary to Section 21.31, as of the date of the inspection, PMS could not provide purchase order documentation that would substantiate that in 1987 it invoked the required 10 CFR Part 21 regulations on applicable subtier vendors, specifically Radiation Sterilizers (PMS Job Reference Nos. T-1015
& P-1010 and Scherrer Calibration Services (PMS Job Reference Nos. T-1015
& P-1010 (88-01-03).
This is a Severity Level IV violation (Supplement VII).
Pursuant to the provisions of 10 CFR Part 2.201, PMS would normally be required to submit a written statement or explanation to the U.S. Nuclear Regulatory Comission, Attn: Document Control Desk, Washington, D.C.
20555 within 30 days of the date of the letter transmitting this Notice. However, based on the sentencing of the President of PMS (Mr. Rodney C. Hanner) >n March 12, 1990 to E months in prison, 5 months performing comunity work, 4 years probation and
$125,000.00 restitution, the NRC understands that PMS is no longer conducting business activities with NRC licensees. Therefore the required response by PMS is being held in abeyance until such time as PMS or Mr. Rodney C. Hanner plans to recomence business activity with any NRC licensee. The reply should be submitted 60 days prior to Mr. Rodney C. Hanner or PMS undertaking any business activity with any NRC licensee. When submitted, the reply should be clearly marked as a " Reply to a Notice of Violation" and should include the following:
(1) the reason for the violations, if admitted, (2) the corrective steps that have been taken and results achieved, (3) the corrittive steps that will be taken to avoid further violations, and (4) the date when full compliance will be achieved. The response should be addressed to the U.S. Nuclear Regulatory Commission, Attn: Document Control Desk, Washington, D.C. 20555, with a copy to the Chief Vendor Inspection Branch.
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