ML20151K475

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Discusses Investigation of Dow Corning Inc Case 3-93-028R & Forwards Subpoena,Per R Burbank Request
ML20151K475
Person / Time
Issue date: 08/03/1994
From: Paul R, Ulie J
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To: Fitzgerald J
NRC OFFICE OF INVESTIGATIONS (OI)
Shared Package
ML20151K340 List:
References
FOIA-97-180 NUDOCS 9708060090
Download: ML20151K475 (6)
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r t August 3, 1994 MEMORANDUM FOR: James A. Fitzgerald, Acting Director Office of Investigations THRU: Eugene T. Pawlik, Director Office of Investigations Field Office, Region III FROM: Richard C. Paul, Senior Investigator Office of Investigations Field Office, Region III Joseph M. Ulie, Investigator

' Office of Investigations Field Office, Region III

SUBJECT:

SUBPOENA REQUEST (0I CASE N0. 3-93-028R)

This investigation is being conducted to determine if Dow Corning of Midland, Michigan, a manufacturer of a silicone foam material, has changed the formula on their Dow Corning RTV 3-6548 silicone foam which is used by nuclear power plants nationwide in penetration openings as a fire barrier material.

, In approximately 1985, Northeast Utilities requested Transco, a penetration fire seal contractor, to conduct a qualification test representative of certain licensee fire seal configuration (s). As alleged, the existing qualification tests then in use had been conducted using the old formula.

The qualification test using the new Dow Corning silicone material failed when conducted by 1ransco. Transco conducted a second qualification test of the silicone foam material as requested by Dow Corning, which also failed.

Based on information discovered during an interview with the alleger, no notification of these failed tests was made to the NRC.

During the investigation, it was learned that Brand Industrial Services Company (BISCO) has conducted qualification fire tests of the Dow Corning silicone foam RTV 3-6548 material. The investigation also revealed that BISCO has installed the silicone foam material at numerous nuclear power plants.

01 had initially scheduled an ir+1rview with a Mr. Lance Simms, employed by BISCO, for August 2, 1994. The interview was to focus on knowledge Mr. Simms may have on the Dow Corning silicone foam material formula change and other pertinent information. On August 1,1994, Mr. Lance Simms contacted the i

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James A. Fitzgerald August 3, 1994 l

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1 Office of Investigations, Region III, and cancelled the interview due to his I unavailability.

! On August 2, 1994, Richard C. Paul, Senior Investigator, was contacted by l

! Rosalind Burbank, an attorney with Rust Industrial Services Incorporated, {

identifying herself as representing Mr. Lance Sims. Ms. Burbank requested a '

subpoena be issued requiring Mr. Lance Simms presence for the NRC interview so i as to minimize any potential controversy between BISCO and their supplier of i fire barrier material, Dow Corning.

The following information will respond to items (a) through (g) of Paragraph 4.4.4 of the Investigations Procedure Manual:

a (a) Because of Mr. Lance Simms refusal to voluntarily provide testimony requested by the Office of Investigations, a subpoena is requested. J (b) The subpoena will be for testimony detailing Mr. Lance Simms' knowledge I of the Dow Corning silicone foam material formula change and to supply (

. any corroborating documentation in the form of test reports, personal i 4

notes, logs, journals, memoranda, letters, and any other documentation l or physical evidence, which relate to a fire barrier material formula '

change.

(c) 01 has no knowledge that any other NRC office has this information. .

1 -

l (d) This testimony and documentation is necessary to determine the adequacy ,

of the fire barrier material, whict r.ould have safety significance to the l l nt! clear industry. 1 (e) Personal service is not requested, certified mail, return receipt I i requested will be adequate.  !

L (f) Lance Simms l c/o Rust Industrial Service Incorporated i

ATTN: Rosalind Burbank, Esquire 5 Westbrook Corporation Center i Suite 800
Westchester, Illinois 60154

, (g) August 18, 1994, at 10:00 a.m. '

Enclosure:

Subpoena i

Distributioon:

s/f 3-93-028R f ol y M OI@ f 01 Juli4 RPaul- EPawlik 8/3/94 8/3/94 8/3/94 i

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s i n .an jf %,t UNITED STATES

. 3s i' NUCLEAR REGULATORY COMMISSION

( . OFFICE OF INVESTIGATIONS FIELD OFFICE REGION lil l

% ,' ,', LS LE Y LE "oYs E / E1 August 3, 1994 l

1 MEMORANDUM FOR: James A. Fitzgerald, Acting Director Office of Investigations THRU: Eugene T. Pawlik, Director ' _ ~~

Office of Investigations Field Office, Region III '

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FROM: Richard C. Paul, Senior Investigator u % - c'- . 1t '

)

Office of Investigations i Field Office, Region III l

  • JoTeph b Vlie I'nvestigator Vffice of Investigations Field Office, Region III i

SUBJECT:

SUBP0ENA REQUEST (0I CASE N0. 3-93-028R) l I

This investigation is being conducted to determine if Dow Corning of Midland, Michigan, a manufacturer of a silicone foam material, has changed the formula on their Dow Corning RTV 3-6548 silicone foam which is used by nuclear power  :

plants nationwide in penetration openings as a fire barrier material.

In approximately 1985, Northeast Utilities requested Transco, a penetration fire seal contractor, to conduct a qualification test representative of I certain licensee fire seal configuration (s). As alleged, the existing '

qualification tests then in use had been conducted using the old formula.

The qualification test using the new Dow Corning silicone material failed when conducted by Transco. Transco conducted a second qualification test of the silicone foam material as requested by Dow Corning, which also failed.

B3 ad on information discovered during an interview with the alleger, no noi.;fication of these failed tests was made to the NRC.

During the investigation, it was learned that Brand Industrial Services Company (BISCO) has conducted qualification fire tests of the Dow Corning silicone foam RTV 3-6548 material. The investigation also revealed that BISCO has installed the silicone foam material at numerous nuclear power plants.

01 had initially :,cheduled an interview with a Mr. Lance Simms, employed by BISCO, for August 2, 1994. The interview was to focus on knowledge Mr. Simms may have on the Dow Corning silicone foam material formula change and other pertinent information. On August 1, 1994, Mr. Lance Simms contacted the

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i 4

James A. Fitzgerald August 3, 1994 j

i 4

Office of Investigations, Region III, and cancelled the interview due to his

!< unavailability.

On August 2, 1994, Rich'ard C. Paul, Senior Investigator, was contacted by Rosalind Burbank, an attorney with Rust Industrial. Services Incorporated,

identifying herself as representing Mr. Lance Sims. Ms. Burbank requested a j subpoena be issued requiring Mr. Lance Sims presence for the NRC interview so 4

as to minimize any potential controversy between BISCO and their supplier of fire barrier material, Dow Corning.

i 'The following information will respond to items (a) through (g) of Paragraph' i 4.4.4 of the Investigations Procedure Manual:

(a) Because of Mr. Lance Sims refusal to voluntarily provide test' mony

[ requested by the Office of Investigations, a subpoena is requested. '

(b) The subpoena will be for testimony detailing Mr. Lance Sims' knowledge of the Dow Corning silicone foam material formula change and to supply any corroborating documentation in the form of test reports, personal notes, logs, journals, memoranda, letters, and any other documentation or physical evidence, which relate to a fire barrier material formula change.

(c) 01 has no knowledge that any other NRC office has this information.

i (d) This testimony and documentation is necessary to determine the adequacy of the fire barrier material, which could have safety significance to the l- nuclear industry.

(e) Personal service is not requested, certified mail, return receipt requested will be adequate.

} (f) Lance Sims

c/o Rust Industrial Service Incorporated l

> ATTN: Rosalind Burbank, Esquire

! 5 Westbrook Corporation Center i Suite 800 i Westchester, Illinois 60154

! (g) August 18, 1994, at 10:00 a.m.

Enclosure:

Subpoena

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l t' UNITEP STATES OF AY9RICA  ;

, NUCLEAR REGULATORY COMMISSION

OFFICE OF INVESTIGATIONS I IN TIIE MATTER OF
NRC INVESTIGATION CASE NO. 3-93-028 TO: Lance Simms c/o Rust Industrial Service Incorporated ATTN: Rosalind Burbank, Esquire 5 Westbrook Corporation Center  !

Suite 800 Westchester, Illinois 60154 YOU ARE HEREBY COMMANDED, pursuant to Section 161 (c) of the Atomic Energy Act of 1954, as amended, to appear at the U.S. Nuclear Regulatory Commission Region III Headquarters, 801 Warrenville Road, Suite 255, Lisle, Illinois 60532-4351, on the 18th day of August,1994, at 10:00 a.m. to testify in the matter of the Dow Corning RTV 3-6548 silicone foam alleged formula change as it relates to the nuclear power plant industry.

YOU ARE FURTHER COMMANDED to provide the NRC any and all documentation in your control, custody, or possession, including, but not limited to, test reports, memoranda, i letters, personal notes, logs, journals, and any other documentation or physical evidence, l which relate to or describes any Dow Corning RTV 3-6548 silicone foam fire barrier material formula change.

BY ORDER OF TIIE DIRECTOR, OFFICE OF INVESTIGATIONS By Date Requested by: Joseph M. ' . Investigator Office of Im ,ations Field Office, Region III 801 Warrenville Road, Suite 255 Lisle, Illinois 60532-4351 TELEPHONE: (708) 829-9672 Ou motion made promptly, and in any event at or before the time specified in the subpoena for compliance by the person to whom the subpoena is directed, and on notice to the party at whose lastance the subpoena was issued, the Commission may (1) quash or modify the subpoena if it is unreasonable or requires evidence not relevant to any matter in issue, or (2) condition denial of the motion on just and reasonable terms. Such motion should be directed to the Secretary of the Commission, Washington, DC 20555. Failure to comply with the terms of this subpoena may result in the Commission's seeking judicial enforcement of the subpoena pursuant to Section 233 of the Atomic Energy Act of 1954, as amended,42 U.S.C. 2281.

-- t:L RETURN .

CERTIFICATE OF PERSONAL SERVICE:

I certify that I delivered a copy of this subpoena in hand to:

on , 19 , at o' clock M.,at CERTIFICATE OF SERVICE BY MAIL:

I certify that I caused a copy of this subpoena to be mailed by mail, postage prepaid, to the address specified and with delivery restricted to the person named thereon on , 19 , Receipt No. . ,

)

i (Signature)

I (Printed Name and Title)  !

Office of Investigations ]

U.S. Nuclear Regulatory Commission

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