ML20196H533
| ML20196H533 | |
| Person / Time | |
|---|---|
| Issue date: | 12/14/1995 |
| From: | Murphy D, Paul R NRC OFFICE OF INVESTIGATIONS (OI) |
| To: | |
| Shared Package | |
| ML20150F728 | List:
|
| References | |
| FOIA-97-180 3-94-068, 3-94-68, NUDOCS 9707290085 | |
| Download: ML20196H533 (196) | |
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IO Ij' 3-94-068 CASE No.
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Nuclear Regulatory Commission
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j Report of Investigation l
. BRAND INDUSTRIAL SERVICES COMPANY l
(BISCO). '
l Alleged Material False Statements r
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Office of Investigations.
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GUNTER97-180 PDR l
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Title:
BRAND INDUSTRIAL SERVICES COMPANY (BISCO):
ALLEGED MATERIAL FALSE STATEMENTS Vendor:
Case Ikaber: 3-g4-068 Brand Industrial Services Co.
Report Date: December I4, Igg 5 72I Racquet Club Drive Addison, Illinois 60I0I Control Office: 0I:RTII Docket No.:
Status: CLOSED Reported by:
Reviewed and Approved by:
/M Richard C. Paul, Sr. Investigator
' Daniel D. Murphy, A 34ng Director Office of Investigations Office of Investigations Field Office, Region III Field f ffice, Region III Participating Personnel:
Joseph M. U11e, Investigator Office of Investigations, Region III WARNING
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ieattac ocument epo t has not h revie Odursua(tto 1
Tit 1'e 10 CFR Subsecti 2.7g0 aterial issemin(a) exe6pt otts nor[has kny ejcempt been deletied. Do not ate o/ disedss its contents odtsi e NRC.
i Treat a 0FFICIAL ONLY."
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SYNOPSIS This investigation was initiated on December 1,1994, to determine if Brand Industrial Services Company (BISCO) personnel made deliberate material false statements in reporting of qualification testing conducted on their fire penetration seals which were sold to the nuclear power industry. The BISCO qualification test reports were subsequently used by utilities licensed by the U.S. Nuclear Regulatory Commission (NRC), to substantiate that the licensee met NRC requirements.
Based on the evidence developed during the investigation, it is concluded that BISCO personnel did not deliberately make material false statements in their reporting of qualification testing for fire penetration seals.
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ACCOUNTABILITY j
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f The foll'owing portions of this Report of Investigation (Case N,. 3-f4-0 8) will not be-included in the material placed in the PubUc Document odn They i
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TABLE OF CONTENTS i
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SYNOPSIS..............................................................
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ACCOUNTABILITY........................................................
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APPLICABLE REGULATIONS................................................
7 DETAI LS OF I NVESTI GATIONS.............................................
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Purpose of Investigation........................................
9 Background......................................................
9 Interview of A11eger............................................
9 Coordination with the NRC Staff and DGC.........................
9 Allegation (Alleged Material False Statements)..................
10 Stamary...................................................
10 Evidence..................................................
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conclusions...............................................
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LIST OF EXHIBITS......................................................
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APPLICABLE REGULATIONS A11eaation No. 1: A11eaed Material False Statements 10 CFR Part 50.48: Fire Protection (1995 Edition) 10 CFR Part 50, Appendix R, III (M): Fire Barrier Cable Penetration Seal Qualification (1995 Edition) 18 U.S.C. Section 1001: Statements or entries 9enera11y A
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l DETAILS OF INVESTIGATION i
l Puroose of Investication f
This investigation was initiated on December 1,1994, to determine if Brand Industrial Services company (BISCO) personnel made deliberate material false statements in reporting of qualification testing conducted on their fire penetration seals which were sold to the nuclear power industry. The BISCO j
qualification test reports were subsequently used by utilities, licensed by the U.S. Nuclear Regulatory Commission (NRC), to substantiate that the licensee met NRC requirements.
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Backcround 1
1 On September 20, 1994, Clayton W. BROWN, the former President of BISCO and then a technical consultant to BISCO, was interviewed during the course of Office of Investigations (OI) Case 3-93-028R, Dow Corning. During this interview, BROWN stated that BISCO had conducted qualification testing for their fire penetration seal system at Construction Technology (CTL), an independent test laboratory located in Skokie, Illinois. BROWN commented during the interview that BISCO would write the test reports for the qualification testing, but that it would be reported on CTL letterhead (Exhibits 1 and 2, pp. 8-11 and 29-30). BISCO has installed fire penetration i
seals in 55 nuclear power plants in the United States.
At the time of the BROWN interview, 0I: Region III (RIII) was conducting an investigation into Thermal Science Inc. (0I Case No. 3-91-006), another vender of fire protection materials to the nuclear industry, for misrepresentation of the role of the independent testing laboratory in its test qualification reports. Because of OI's heightened sensitivity to this issue, the information was forwarded as an allegation to Office of Nuclear Reactor Regulation (NRR) on December 6,1994 (Exhibit 3).
Interview of Allecer On September 20, 1994, BROWN was interviewed. During the interview, BROWN commented that BISCO had constructed the test article, performed the quality control inspections, and transported the article to CTL for qualification testing. BROWN described CTL's role in the testing as providing the furnace for the test, monitoring temperatures, and conducting the hose stream test.
According to BROWN, in some cases BISCO would write the test report, which would then be reviewed and critiqued by CTL, and the reports would then be issued under a CTL cover letter (Exhibit 2, pp. 8-11 and 29-30).
Coordination with the NRC Staff 1 0GC On Dscomber 21, 1994, an Allegation Review Board (ARB) was convened by NRR, with Office of General Counsel (0GC) participation.
It was agreed that NRR would review BISCO reports obta4ned by 01, to determine any technical or regulatory concerns with their presentation as CTL reports. Additionally, it was requested that NRR provide 0I:RIII with a determination on the regulatory requirements in regards to qualification testing requirements.
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i A11ecation: Alleged Material False Statements Sumary In addition to BROWN's interview, several BISCO and CTL fire qualification test reports were reviewed by OI and NRR regarding the allegation that BISCO made material false statements in their reporting of fire qualification test reports for fire penetration seals.
Evidence BISCO and CTL Test Reports were reviewed by OI and NRR to determine if BISCO had made material false representation, regarding the role of the test laboratory in conducting and dacumenting the fire qualification tests. The NRR findings and copies of the test reports are listed in the exhibits section of this report.
Conclusions Based on the' evidence developed during the investigation, it is concluded that BISCO personnel did not deliberately make material false statements in their reporting of ~ qualification testing for fire penetration seals.
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s LIST OF EXHIBITS Exhibit No.
Descrintion 1
Investigation Status Report 01:RIII, dated December 1, 1994.
2 Sworn statement of BROWN, dated September 20, 1994.
3 NRC Memorandum for Richard C. Paul from K. Steven NEST, dated June 30, 1995.
4 BISC0 Test No. 748-14, " Metal Clad Fire Wall Penetration Barrier Fire Testing," dated May 21, 1979.
5 BISCO Report No. 748-31, " Fire Endurance Test on BISCO Flexible Boot & Flexible Radiation Seal Systems, " dated May 23, 1979.
6 BISCO Report No. 748-32, " Fire Test configuration for BISC0 Three Hour Rated Seal System," dated April 15, 1980.
7 BISCO Report No. 748-41,
- Fire Test configurations for a Three Hour Rated Fire Seal Utilizing-BISCO SF-20 Silicone Foam (Dow Corning 3-6548),"datedApril 17, 1981.
8 BISCO Report No. 748-42, " Fire Test Configurations for Three Hour Rated Fire Seal Utilizing SF-150NH," dated July 29, 1981.
9 BISCO Report No. 748-49, ' Fire Test Configuration for a Three Hour Rated Fire Seal Utilizing BISCO SF-20 Where; A Steel Sleeve Condition Nith Pipe Penetrant Exists,' dated July 9, 1981.-
10 BISCO Report No. 748-57, " Fire Test Configuration for a Three Hour Rated Fire Seal Utilizing SF-150MI," dated November 6, 1981.
11 BISCO Report No. 748-63-A, " Fire Test Utilizing BISCO SF-C0 &
SF-60 In Various Design Configurations,
- isted March 11, 1982.
12 81500 Report No. 3001-03-B, " Fire Test Configurations for BISCO Three Hour Fire Seal," dated May 19, 1980.
13 CTL Research Report, " Fire Endurance Test on BISCO Penetration Seal Systems in a Concrete Floor Utilizing BISC0 Systems SF-20 and SF-150L Silicone Polymers," dated October, 1976.
14 BISC0 Test No. 1042-01, " Qualification Fire and Hose Stream Tests,' dated February, 1978.
15 BISCO Fire Test Report No. 748-255, "Three Hour Fire Test of Multiple Penetrants Sealed with 9' of SF-20 and l' Ceramic Board,"
dated August 17, 1990.
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,JNVESTIGATION STAIU1 RECORD i
Case No.: 3-94-068 Facility: BRAND INDUSTRIAL SERVICES COMPANY (BISCO)
Allegation No.:
Case Agent: PAUL Docket No.:
Date Opened:
12/01/94 Source of. Allegation: ALLEGER (A)
Notified by: ALLEGER Priority: HIGH (Coord'inated with RIII Management Staff)
Category: WR/0M Case C0de: RV Subject / Allegation: ALLEGED MATERIAL FALSE STATEMENT Remarks:
Monthly Status Renort:
12/01/94:
During the September 20, 1994, interview of Clayton W. Erown, former 81500 president and now a consultant to 815C0, he stated that BISCO had conducted qualification testing for their fire penetration seal system at Construction Technology Laboratories (CTL), Skokie, Illinois. Brown said that BISCO constructed the test article and transported the article to CTL.
According to Brown, in some cases BISCO would write the test report, which then would be reviewed and critiqued by CTL, and the reports would then be issued under a CTL cover letter. Brown described CTL's role in the testing as providing the furnace, monitoring temperature, and conducting the hose stream test.
The investigation is Wing initiated to determine if 81500 ibide~ false representations in the qualification tests provided to the nuclear power industry. The tests would be utilized as evidence that licensees utilizing 8I500 fire penetration seal systems meet NRC requirements.
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i EXHIBIT 2
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3-94-068 EIBIBIT 2