ML20210N519

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Informs That No Basis for Enforcement Action Required in OI Rept 3-94-068 Re Deliberate Matl False Statements in Reporting Results of Qualification Testing on Fire Penetration Seals
ML20210N519
Person / Time
Issue date: 12/28/1995
From: Lieberman J
NRC OFFICE OF ENFORCEMENT (OE)
To: Goldberg J, Miller H, Russell W
NRC (Affiliation Not Assigned), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III), NRC OFFICE OF THE GENERAL COUNSEL (OGC)
Shared Package
ML20210N260 List:
References
FOIA-97-180 NUDOCS 9708250333
Download: ML20210N519 (2)


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(/.$, pg NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 2066H001 g' - -

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December 28, 1995 ~

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MEMORANh'FOR: Hubert J. Miller, Regional Administrator

~ Region III - hi~ T_Z[ 1 William T. Russell, Director  !

Office of Nuclear Reactor Regulation 1 Jack R. Goldberg, Deputy Assistant General Counsel for Enforcement Office of the General Counso' FROM: James Lieberman, Director Office of Enforcement

SUBJECT:

01 REPORT 3-94-068; RE: BRAND INDUSTRIAL SERVICES COMPANY The above captioned 01 report was initiated to determine if Brand Industrial Services Company (BISCO) personnel had made deliberate material false statements in reporting the results of qualification testing conducted on BISCO's fire penetration seals that were sold to the nuclear power industry.

NRC licensees subsequently utilized these qualification test reports to substantiate compliance with NRC requirements. 01 concluded that BISCO personnel did not deliberately make material false statements in their reports of qualification testing. -In further discussions, the Acting RIII 01 Field Office Director indicated that in addition to the conclusions of the report.

01 determined that BISCO personnel did not provide any material false f statements in the reporting of qualification testing. 0! based their conclusion partially on an NRR review, where NRR did not find any apparent misrepresentations in the qualification test reports.

OE has reviewed the 01 report and the issues involved and has concluded that there is no basis for enforcement action in this case. Accordingly, I do not intend to request an 0GC analysis of this report. OE will consider the matter closed unless we receive a different view within three weeks of the date of

.this memorandum. Please contact Mark Satorius of my staff at (301) 415-3280 with-any comments.

cc: J. Milhoan, DEOR R. Zimmerman, NRR G. Caputo, 01 B. Burgess, RIII 9708250333 970814 / --

PDR FOIA GUNTER97-1EO PDR .. j j [/ff [I' *

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tuf REVIEW OF 01 REPORT a l 1

Prepared by I.lbris fajwa Date Prepared 2 /,z!e U ,

Fac11ft1es: \lartbus $tachr SiIn l Brand %/o s,% / < brvior hghwy 01 Report No. 1 C&r (Att.ansioeJ Mr.A-9 b A -co72)

Date Report Issued: 7)nemba /4,. /995 Subject of Report: BRAAfD INb)STRIAL SERvlt1S (bMPfiWY AESQ)

AM&ED /??ATER1AL FALU STATEHEWTA Conclusions Reached by 01: "Rwd en -the ev dence n'ndet>cd danna 4lv i /

,nvtsh,,mhen, d is ccncludtel -Na f EZSfC m. e,.ane/ elid riof

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c/eli bmi /elv make mahnal Salse sMhments ,n 6,r reathnn t a A 0/1f1lkIfAblon hf$*l1HQ f I'd 1111h/2tl7dr1 W/tl3 1

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Agree with 01

Conclusions:

Yes / No if no, state the basis for disagreement. #A Suhtantivo disagreement must be documented in a memorandum from the responsi-ble Division Director to the NRR Office Director within 20 work days of receipt of the report.

NRR Action Required: Me/fe-e Consultation with Regional Representative Name W/A Date M/4 i +~<

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