ML20210N256

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Final Response to FOIA Request for Info.Records Subj to Requests Encl & Identified in App F & G.Records in Apps H & I Being Withheld in Part.App J & K Records Being Withheld in Entirety (Ref FOIA Exemptions 4,6 & 7)
ML20210N256
Person / Time
Issue date: 08/14/1997
From: Racquel Powell
NRC OFFICE OF ADMINISTRATION (ADM)
To: Gunter P
NUCLEAR INFORMATION & RESOURCE SERVICE
Shared Package
ML20210N260 List:
References
FOIA-97-180 NUDOCS 9708250160
Download: ML20210N256 (9)
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Ua NUCLEAR MEGULATGY COMMISSION E soia ht uut si Nu& tit hiu o

FOIA -

,e . ,97-180 htLPONst TYPE

/ g b RESPONSE TO FREEDOM CF xxlriNat I lAatiat 3rd S INFORMATION ACT (FOlAl REQUEST o^it ee ..e 'AM 141997 DOCKi i NUMDE Niw sit apptsatsel ht 0VL 61t H Paul Gunter PART l.-AGENCY RECORDS RELE ASED OR NOT LOCATED (Ser cherAccr bonest No cgency records subject to the request have baen located.

No additional agency records subject to the request have been totated.

Rsquested records are available through another public distribution program. See Comments section.

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yy Agency records subject to the request that are identified in Appendia(es) t are already available for public inspection and copying at the NRC Public Document Room,2120 L Street. N.W., Washington, DC.

Agency records subject to the request that are Identified in Appendix (es) G are being made available for public ir.spection and copying g5 et the NRC Public Document Room,2120 L Street, N.W., Washington, DC, in a folder under this F OI A number.

The nonproprietary version of the proposal (s) that you agreed to accept in a telephone conversation with a member of my staf f is now being made available for public inspection and copying at the N RC Pubhc Document Room. 2120 L Street N.W., Washington, DC,in a folder under this r0I A number.

Agency records subject to the request that are identified in Appendiates) may bc inspected and copied at the N RC Local Public Document Room identified in the Comments section.

Enclosed is information on how you* may obtam access to and the chargrs for copying records located at the NRC Public Document Room,2120 L Street, N W , Washington, DC.

yy Agency recordssubject tothe request are enclosed Appendix G and the releasable portions of Appendix H & 1 Records subject to the request have been referred to another Federal agency (ies) for review and direct response to yop0Cument 5 are encl osed .

rm WAIVED You will be billed by the N RC for fees totaling $

You will receive a refund from the NRC in the amount of $

In view of NRC's response to this request, no further action is being taken on appeal letter dated , No.

PART lt. A-INFORMATION WITHHELD F ROM PUBLIC DISCLOSURE Cert:In information in the requested records is being withheld f rom public disclosure pursuant to the exemptions described in and for the reasons stated XX in Pcrt II, B, C, and D. Any released portions of the documents for which only part of the record is being withheld are being made available for public inspection and copying in the NRC Public Document Room,2120 L Street, N.W., Washington, DC in a folder under this FOIA numba COMMENTS 1

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'gt NATUHE ,DIRECTO Div OF FM6tQ OF 1- [ iAt ION AND PUBLICATIONS SE RVictS f _

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9708250160 970814 -

I PDR FOIA w y m y,UNTER97-1BO G PDR y ymy y v -

Pot A ssUhaeshts DAts RESPONSE TO FREEDOM OF INFORMATION ACT (FOlA) REQUEST (CONTINUATION)

FCIA 180 gggy

[ PART N S- APPUCASLE EXEMPTIONS Records subject to the request that are described in the enclosed K J& Appendiales)CT s are being withheld in their entirety or in part under the Exemptiori No.(s) and for the reason (s) given below pursuant to 6 U.S.C. 652(b) and 10 CF R 9.171s) of N RC reguistions.

t . The wethhead enformation is property classified pursuant to Enoci.tive Order. (Enemption 1)

2. The wethheld mformaten selates solely to the enternal personnet evies and procedures of NRC (Emempt6on 21 l l3. The witheeid mformation is specificeny esempted teom pubhc d.sclosues by statute 6tuticated. (Ememption 31 Sections 141145 pf the Atomic Ene'01 Act which prohibits the disc 6osure of Pentracted Date of Formerly Restricted Data (42 U.S C. 216121651.

Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards information 142 U.S C. 2167).

X 4. The withheld mformation is a trade secret ce commercial o# fmanusi mformaten that is bemg withheld for the eensontal indicatad. (Ememption 4)

The 'nformation is considered to be confidential busmess (propnetaryl mformation The mformaten is concedered to be peopnetary mformation pursuant to 10 CFR 2 790tdHil The enformation was oubmrtted and recewed en confidence pursuant to 10 CFR 2 790idH2n Ut7withheid mformaten consists of enteragency or mtraagency records that are not evarisole through discovery durmg htigation (Enemption 6). Applicable Privilege; oenbe,etwe e,ocess Discioso,. of p,edecisen.i mfo,mation wowid ined io mhsbn me open end s, ens e. mange of ideas essentisi io ihe d.abe,oiwe p, mess Where records eve withheld m their entirety, the f acts eve inestricably intertemed weth the predecisionai mfoemation There also are f>o reasonably segregeble f actual por' tens because the release of the f acts would poemet en mdrect mquvy mte the predecisional process of the agency Attorney wors= product prwileue (Dauments swevered by an ettorney m contempietion of litigation i Attomey.chent privilege. (Confidential communicatens between an ettomey and his<her chent.)

6. The withheld information is esempted from public disclosure because de disclosure would #esult m a cles'ly un warranted invasion of forsonal privacy. (Enemption 61
7. The methheld mformaten consists of records compiled for law enforcement purposes and is bemg withheld for the veasontal indicated (Exemption 7)

Disclosure could reasonably be espected to interfere witn en enforcement proceedmg because et could reveal the scope, direction. and focus of enfoscement efforts, and thus couid possibly allow recipients to take action to shield potential wrongdome or a violation of NRC requirements from enwestlestors (E nemption 7 ( All Disclosute would constitute en unwarranted invasen of personal pnvecy. (Ememption 7lC))

The *formaten consists of names of individuais and other mformaten the disciususe of which could reasonably be espected to tevealidentities of confidentral sources. (Ememption 7 (D))

XX . . . . . .

PART 11. C-DENYING OFFICIALS Pursuant to 10 CF R 9 25(td and or 9 25(c) of the U 5. Nuclear Reguietory Commissen regulations. et has been determmed that the mformation withheld ts esempt fenm pro l duct 6on of disclosure. and that its production or d.sCosure is contrary to the pubbe mterest. The persons responsible for the den al are those officials identified below as denymg officiais end ih. Di,ector, D.vis.on of rreedom of info, mat.on end rubi. cat,ons services. off,ce of Admin.si,sieon. fo, any demais that may be .pposied io the E.ecutive Di,ector for operations <EDot DENylNG OFFICIAL TITLErOFFICE Rf CORDS O(NilO APPELL ATE OFFICIAL J Do Montfuy to Samuel J. Collins Director, NRR Annendir H E Guy P. Caouto Director. 01 Accendices I,_J, K XX PART R. D- APPEAL RIGHTS The denial by each denying otticial identified in Part ll.C may be appealed to the Appettate Official identif.ed there. Any such appesi must be made in wettme withm 30 days of receipt of this response, Appeals must be addressed as appropriate. to the Executive Director for Operations. to the Secretary of the Commission or to the Inspector Geru tal, U.S. Nucteer reguttory Commissen, washington, DC 20555. and should clearly state on the envelope and m the letter that it is an " Appeal from en Imtial Foi A Decisen."

NTC FORM 464 (Port 2) (191) U.S. NUCLEAR REOULATORY COMMISSION

g Ret FOIA-97-180 J

l NUMBER 1.

DATE 7/21/95 APPENDIX F DOCUKENT ALREADY AVAILABLE IN THE PDR DESCRIPTION Letter from R. M. Schroeder providing final g

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update on SYLGARD 170 Silicone Elastomer, SYLGARD 170 - Sil. icon Fast Cure Elastomer &

. Dow Corning 96-081 Adhesive / Sealant. (342 pages) 6

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Ret FOIA-97-183 APPENDIX G DOCUMENTS BEING RELEASED IN THEIR ENTIRETY NUMBER DATE DESCRIPTION F 1. 6/6/84 Exhibit 13 to OI Case No. 3-93-028: Letter

-from Janet Elias to H. Denton. (2 pages)

2. . 7/20/93 Allegation Review Board Summary. (2 pages)
3. - 8/4/94 Memo from P. Crane to J. Fitzgerald, subject:

Review of Subpoena (OI Case No. 3-93-020)

(1 page)

4. 11/17/94 Memo from K. Steven West to Richard Paul, subject: Review of Technical Information Regarding Dow Corning Investigation, OI Case Wo. 3-93-028R. (4 pages)
5. -12/22/94 E-mail from K. Steven West to G. Holahan and M. Virgilio, subject: ARB Meeting-re Penetration Seals. (1-page)

. 6. 2/8/95 Memo from R. Paul to K. Steven-West, subject:

Technical Review of BISCO Fire Tests (OI Case No. 3-94-068). (2 pages)

7. 2/27/95 Memo from J. army to various addressees, subject: OI Report 3-93-028R; Ret Dow Corning,. Inc. (1 page) 8.- .2/28/95 Memo from G. Holahan to W. Russell, subject:

Dow Corning Inc.: Alleged Material False

$. Statements and_ Alleged Deliberate Failure to File a Part 21 Notification (OI Case No. 3-93-028R). (2 pages)

9. 5/5/95 Letter from K. Steven West to R. Schroeder J enclosing synopsis of.OI Case 3-93-028R. (3 pages)
10. 6/30/95 Exhibit 3 to OI Case 3-94-068: Memo from K.

S. West to R. Paul, subject: Technical Review of BISCO Fire Test Reports, OI Case No. 3-94-068. (4 pages)

11. 12/28/95 Memo fror, J. Lieberman t o addresses, subject:

OI Report 3-94-06A; Re Brand Industrial Services Company. (1 page)

l PU t HifPi'l 44 I I 6

. Re FOIA-97-189

-APPENDIX G DOCUMENTS BEING RELEASED IN THEIR ENTIRETY

-(Continued)

NUMBER DATE DESCRIPTION

12. 2/16/96 Review cf OI Report. (1 page)
13. 3/15/96 Memo from L.- Marsh to J. Lee, im a j ect :

Closure of OI Case No. 3-94-068; Alleged Material False Statements by Bisco. (1 page) 3-U b

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4 Re FOIA-97-180 APPENDIX H DOCUMENT BEING RELEASED IN PART NUMBER DATE DESCRIPTION

1. 7/5/94 Letter from NRR to individual, subject:

Concern Regarding the Application of Silicone Fire Barrier Penetration Seals in Nuclear Power Plants. (2 pages) EX. 6

Re: FOIA-9y-189 APPENDIX I DOCUMENTS BEING RELEASED IN PART NUMBER 'DATE DESCRIPTION

1. -12/15/94 -Memo from Senior Investigator,-OI, to

, Allegation Coordination, NRR, subject:

Allegation Related to Dow Corning Part 21. (1 page) EX. 7(D)

2. 6/30/95 Memo from Chief, Fire Protection Section, NRR, to Senior Investigator,-OI, subject:

Allegation Related to Dow Corning Part 21, Allegation NdR-94-A-0080. (2 pages) EX.

7(D)

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Re: FOIA-97-189 APPENDIX J DOCUMENT BEING WITHHELD IN ITS ENTIRETY NUMBER DATE DESCRIPTION

1. 8/26/04 Data Sheet., (3 pages) EX. 7(D)

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Ret FOIA-97-180 APPENDIX K RECORDS BEING WITHHELD IN THEIR ENTIRETY NUMBER DATE DESCRIPTION

1. 5/21/79 Metal Clad Fire Wall Penetration Barrier Fire Testing - BISCO Test No. 748-14. (18 pages) EX. 4
2. 9/21/79 Letter from M. Abrams to J. Anderson, enclosing final report entitled, " Fire Endurance Test on BISCO Flexible Boot &

Flexible Radiation Seal Systems." (12 pages) EX. 4

3. 4/17/81 Fire Test Configurations For a Three Hour Rated Fire Seal Utilizing BISCO SF-20

. Silicone Foam - BISCO Report Number 748-41.

(33 pages) EX. 4

4. 7/29/81 Fire Test Configurations for Three Hour Rated Fire Seal Utilizing SF-150NH - BISCO Report 748-42. (19 pages) EX. 4
5. 7/9/81 Fire Test Configuration for a Three Hour Rated Fire Seal Utilizing BISCO SF-20 Where; A Steel Sleeve Condition with Pipe Penetrant Exists - BISCO Report #748-49. (26 pages) EX. 4
6. 11/6/81 Fire Test Configuration for a Three Hour Rated Fire Seal Utilizing SF-150NH - BISCO Report-#748 ~7 (74). (32 pages) EX. 4
7. 3/11/82 Fire Test Utilizing BISCO SF-20 & SF-60 In Various Design Configurations - BISCO Report
  1. 748-63-A. (16 pages) EX. 4
8. 5/19/80 Fire Test Configuration for BISCO Three Hour Fire Scal Report Number 3001-03-B. (11-pages) EX. 4
9. Feb/78 Qualification, Fire and Hose Stream Tests -

BISCO Test No. 1042-01. (18 pages) EX. 4

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F01A/PA REQUES1

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5 J-w-Nuclear Information and Resource Service 1424 isth St NW. Cute 404,WesNn0m DC 20038; 202-326-0002: far202-462-21:3. e-matmoWapcag web:www.nksag 9

May Id,19F7 a,

RussellPo Chief FOIA LPDit h 9 Division of Freedom ofInformation and Publication Services OmceofAdministration '

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U.S. Nuclear Regulatory Commission )'

. Washington, DC 20555- .

BY FAX. (301) 415-5130

Dear Mr. Powell:

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On behalf of Nuclear Infonnation and Resource Service (NIRS), and 'persuant to the ,-

Fivedom ofinformation Act, 5 U.S.C. 552(b), et. seq., I heroby request that you make available copies of all documents in the NRC's possession wSch deset.oe or discuss: .

(1) the investigation commencing in 1992 by Mr. Richard Paul, NRC Office of Investigation Region IH, which provided reports to the staff at No: lear Reactor Regulation perta'unng to Brand Industrial Service Company (BISCO) and RTV silicone foam fire barrier penetration seals.

(2) the investigation commencing in 1992 by Mr. Richard Paul, NRC Office of Investigstion Region III,-which provided repotts a the staff at Nuclear Reactcr Regulation '

pertaining to Dow Coming company and its producchTV silicone foam ftre barrier panotration ,

seals.

l (3) all wgespcadcaces, memorandum, telephone logs and notes from the staff at Nucl' ear -

Reactor Regulation to NRC O$ce ofInvestigations Region III, in response to Mr. Richard Paul's investigation of Biand Industrial Services Company, Dow Corning company and RTV silicone

This request covers but is not limited to all draft and final reports, correspondence, memoranda, notes, records of telephone contacts, or other written records, whether in paper, computer files and electivulo format.

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5 FOIA Raquest Page 2 Pursa:.at to this request, please provide all documents and conununications prepared or ...

utilized by, in the possession of, or routed through the NRC related to items 1-3.

For any portion of this request that you deem appropriate to deny, NIRS requests that you, '

describe the information that is denied, identify the exception to the FOIA on which you rely, and .

explain how that esception appEes to the withheld information.

Punment to NRC regulations at 10 CFR 9.41, NIRS requests that any searching and ~

copying fbes incurred as a moult of this search be walved, and provides the following infbrmadon la response to the eight crheria listed in Section 9.41(b): .

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1) - Purpose of regnest:

The purpose of tbs request is to gather infbrmation on the completed investigation .,

commencing in 1992 by NRC OfBce ofInvde n ios Region III on the specified fire protection

- issues at U.S. nuclear power stations and the NRC OfBee of Nuclear Reactor Regulation response ,. w to theNRC OIRegionIIIfadings The information sought by.NIRS is not, to the best of our

knowledge, in the public domain through the NRC's Public Docurnent Room or any where else.

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2) Eatest to which NIRS wiR estract and analyze the substantive contest of the recents:

- NIRS is qualified to rnake use of the requested information. The NIRS staff has .

demonstrated the ability to interpret infbreation pertaining to fire protection at U.S. nuclear ,

power statiaan and communicate that information in a form comprehensible.to the general public.

NIRS staff was extensively involved with fire protection issues leading to the disclosure of .

inoperable Thermo-Iag fire barriers and assisted both the public and the media in understanding . .

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furidamental fire safety issues raised by this widely deployed arid inoperable fire protection

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material. MRS has a working relationship wkh p r.Mim, nuclear engineers,8:e y@n 1

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=aahada attorneys and other respected professionals who cortribute to the fhll uss. ding of technical records and legal issues pertaining to fire pn** in nuclear power stations. NIli.S '

canaidars the candmihie RTV silicone ibem issue to be a high-priority safety concern and ., .'

therefore, NIR$ staffis inAug significant time an(resources to the evaluation of this issusc Nature of the specine activity or steenreh in which the records wit be used and .

- i-

3) '

NIRS's quallflentless to utilise the information for the in'tendal use la such a way that it ,

- wlB contribute to public anderstanding:  ;;,,

e, NIRS is concerned thtt existmg fire bemer penetration seal designs at U.S. nuclear power stations relying on the Dow Corning RTV silicone foam are adversely affected by the material's aclenowledged enmhuntibility and problematic installation. NIRS believes this issue to have alaai&adly reduced the margin of safety at nuclear power stations in the event of fire.

NIRS seeks the requested infortnation solely to contribute to and help shape the public debate on what constitutes adequate fire protection programs at nuclear power sts:!ons. NIRS

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FOIA Request Page 3 intends to use the requested information in order to advance these concerns for the public's understanding and safety, '

Members of the NIRS staff have pubHshed artides in such nationaljournals as Iha Progressiva. NucinarlimanEmwsday and Dulleda of Atomic Sdantista NRS is quoted as a reBable source afinfbrmation on nuclear issues in newspapers across the country, 3-Mag the New York Times. Ihm Washington Post, The St. Louis Post Dianatch. 'Ibe Nadon and The San Francison Chronide NIRS publishes a tradejournal to its members entitled h Nudear Magigg. NIRS has appeared on major networks and their local afBliates utilising electronic media ,

indudins botti tdovision and radio. Ns, NIRS has a well established smans of contributing to ,

the public understanding of the risks posed by inadequate are protection at U.S. nudear ~ power  :

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stations. .

4) IAsty lampact on the public's understanding.of the subject as compared to the level '

of madesstandtag of the subject prior so disclosure:

At pre'eent, the public knows very little about the nature and extent of technical . .

de6ciencies of Dow Corning silicone foam Sre barrier penetration seals. Thert is no infbrmation

' available to the public regarding the findings of the investigations madnM by the NRC OfBoe of <

l-Investigadoes into Brand Industrial Servioce Company and the Dow corning company. Public '

information on the silicone foam issue is cuuwily li:nited to NRC Information Nodces, a SBCY .

paper and NUREG.1552. Thus any inforrnation yielded by this request regardire the nature and ,

extent of findings by the 01 Region 3 will make a major contribution to public understanding of -

the NP.CiVaWa= of perceived risks posed by matinued reliance upon RTV silicone foam fire -

barrier penetradon seals.

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5) Sise and matens of the public to'whose undesstandlag a contribution wSt be naade: .

The general pubEc has displayed a 5reet interest in oudear 1& sues and fire safety at enclear power plants and the requested infbrmation will certainly increase the public's understanding of y this matter and the role of government in reguladng nuclear power and public health . '

Those people whose understanding will be gesatly =ahaarad as a rerdit of the read "'

disclomuns include a'NIRS active membership of 1300, who live in pmGiy of operating nuelaar ,

power ed , and an additional 4000 who rouwiveDhwet coummulcation tiuough the NIRS general mailing list. NIRS intends to diawminata its finditqgs to the media no as to inform those citizens and organizations Ao read the newspaper, watch the television, and listen to the radio .

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and are concerned about nuclear safety. . 'M o

6) Means of distribuston of the requested infbrmation:

NIRS will utillas its publication, mailine lists, media contacts, and additionally, NIRS will post its Aadags on our active world wide web internet site at >http1/www.nirs.org<.

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FOIA Request Page 4

7) Whether free access te Laformation wH1 be providedt .

NIRS will provide this information to any member et the public at no charge. Subsenbr: .

to the Nudear Monitor pay an annual fee, but copies of the news!ctter a:e available free to any member ofthe public upon request.

8) Comumental intenet by NIRS or any other partyt .

This request is being made solely on behalf of NIRS, a non-profit organization which has '

no commercial laterest in the requested records. NIRS seeks this information to bela,the genent public better understand the role and the effectiveness of the NRC in regulating fire protection _

issues within the es-dal nuclear power industry.

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In light of the foregoing, the NIRS request meets this standard on its facc. For all the '

reasons stated above, the NIRS request falls squr. rely within the Congressional ident in enacting the Freedom ofinfonnation Act and the foe waivce provision. I, therefore, ask that the Agency .

grant a fbli waivs for this FOIA request. .

g Ilook forward to receiving your response within ten days of receipt of this request, as required by the Freedom ofInformation Act. .

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for anticipp wopention, s

L , Director ,

Reactor Watchdog Project ,

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LIMITED DISTRIBUTION ALLEGATION REVIEW BOARD St# MARY L Allegation Number. NRR-93-A-0039 -

The.NRR Allegation Review Board met on July:20,1993 at 10:30 am.

1.

2. Present at the meeting were: CERossi* SWest EAdensam* AGallow CMcCracken D0udinot LNorrholm JLee*
3. Facilities / organizations involved: Dow Corning; Transco; Northeast Utilities
4. Allegation-title: Failure 1of Qualification Tests in Mid-1980s for Penetration Seals-To Be Used at_ Millstone; Failure to File Related Part '

-21 Repor,t.

< 5., This allegation has been assigned to SPLB for resolution. _

6. The ARB determined the allegation to be of potential safety G.

significance, q* [y .3

7. The ARB assigned this allegation a Priority Level of 3 after 8 consideration of its safety significance.

_y. EL 4L

8. (for potential wrongdoing issues). O! notified by copy of this summary.

'9.- The following resolution plan was approved by the ARB.

Activity -Due Date-

a.  : Contact 01/RIII August 31,-1993 b .- Review previous Information Notices- August 31, 1993,
c. - Contact referenced facilities if warranted October-29,-1993
10. Additional comments: 'This allegation was received by 01/RIII from a confidential source and fonvarded to NRR. . SPLB will review previous information-notices to determine if this issue has been addressed.- If~

so, no other review action will be warranted. If.this-' issue has not-been addressed,= SPLB will contact f acilities referenced in the

-*ARB members 4

LIMITED DISTRIBUTION l

'o 0

l-t

N-LIMITED DISTRIBUTION allegation to obtain additional information to consider in formulating an appropriate action plan.

SPLB will also determine if Part 21 report should have been submitted,

11. Prepared by; s o 7/28h?

JeQLee,'OfficeAllegationsCoordinator Date

12. Approved by: ) Ib Charles E. Rossi, Chairman,' ARB

. F/Y/9.3 D(te Distribution:

NRR Executive Team -

Director, 01 -

AThadani CMcCracken AGautam NRR 0AC h

LIMITED DISTRIBUTION l

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