ML20212K687
| ML20212K687 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 03/05/1987 |
| From: | Harold Denton Office of Nuclear Reactor Regulation |
| To: | Poch D ENERGY PROBE RESEARCH FOUNDATION (FORMERLY ENERGY |
| Shared Package | |
| ML20212K689 | List: |
| References | |
| 2.206, IEIN-83-80, NUDOCS 8703090389 | |
| Download: ML20212K687 (8) | |
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k UNITED STATES NUCLEAR REGULATORY COMMISSION
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,j W ASHINGTON, D. C. 20555 e
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March 5, 1987 g
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Docket Nos.
50-440 50-441 (10 C.F.R. 5 2.206)
Mr. Dave poch Counsel to Eneray Probe c/o Energy Probe 100 College Street Toronto, Canada MSG ILS
Dear Mr. Poch:
This is to acknowledge receipt of a Petition dated January 9, 1987 directed by you on behalf of Energy Probe and Western Reserve Alliance (Petitioners) to the Commissioners of the Nuclear Regulatory Commission (NRC). The Petition has been assigned to my Office for a response. The Petition was submitted pursuant to 10 C.F.R. 9 2.206 and sought immediate suspension of the operating license for the Perry Nuclear Power Plant of the Cleveland Electric Illuminating Company, et al. (Licensees) due to alleged safety deficiencies.
The Petition alleged deficiencies in the pipe clamps used at the Perry facility and sought an independent design review with respect to these components. The Petition further alleged programmatic deficiencies at the General Electric Company, San Jose, California facility in the areas of Design Control and Quality Assurance /
Quality Control. The Petition alleges that such deficiencies potentially impact General Electric components supplied to all power plants including the Perry facility. The Petition claims that the NRC has been informed of this matter in letters of October 1985 and October 1986 from the Government Account-ability Project. 1,/
l With respect to the Petitioner's request for intnediate action, specifically shutdown of the Perry facility, based upon the allegations contained in the Petition I decline to take such action.
1/
The Petition also alleges fraud on the part of the Licensees and the NRC
~
in the preparation of a Director's Decision issued with respect to the seismic adequacy of the Perry facility in light of the January 31, 1986 earthquake in the vicinity of that facility. See, Cleveland Electric Illuminating Company, et al.
(Perry Nuclear Power Plant, Units 1 & 2),
DD-86-4, 23 NRC 211 (1986). The Petition requests that the NRC withdraw that Director's Decision based upon Petitioners' belief that the NRC Office of Investigations has documented fraud in the preparation of that Decision. The allegation in the Petition is ir. correct.
I am unaware of any investigation which calls into question my earlier Director's Decision.
Consequently, I decline to withdraw that Decision based upon the informa-tion provided in this Petition.
P
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..,... The alleoations in this petition relative tol pipe clamps are similar to.
allegations received earlier.by the Commission concerning pipe clamps supplied by Western Piping and Enoircering (WPE) for several power plants,.includirq
- Perry..'As indicated in.the enclosed copy of NP.C's_ letter.to WPE dated.
' September 30, 1986, and the attached Inspection Report No. 99900302/86-01~ nc items of nonconformance with purchase specifications have been identified. The clamps;in question are sometimes called stiff pipe clamps to differentiate them from conventional pipe clamps which have been used.for many years in high-pressure piping applications.
In corsidering the earlier allegations, the staff reviewed stiff clamp desiors by several verdors and their applications by various architect-engineors. - As' reported in Board Notification 82-105A (reference 1.b.
of your Petition), the staff concluded that these relatively new clamps can.
result in localized piping stresses significantly hiober.than the stresses from conventional pipe clamps. Piping designers who are accustomed to neglecting i
- these localized stresses because of the low magnitude stresses associated with conventional pipe clamps might incorrectly assume that such stresses may be neglected with these new clamps. For this reason, the staff issued IE Informatior Notice No. 83-80 on November 23, 1983, calling attention to this possibility.
Subsequently, the NRC staff requested the licensee to provide specific information relative to the use of stiff pipe clamps at Perry Nuclear Power plant, Units 1 and 2 by letters dated March. 19, 1984 February 19, 1985 and April 24, 1985.. The licensee's responses to those requests were provided by letters dated October 1, 1984, March 18, 1985 and June 14, 1985 respectively.
~The NRC has reviewed the information submitted by the licensee and determined that no further action is required because the licensee has adequately addressed the concerns descr,1 bed in the IE Information Notice. No. 83-80. Therefore, the immediate action requested by the petition is not warranted.
Regarding ycur other allegation concerning General Electric components, the staff.first reviewed Mr. Milam's primary concern, the issue of deferred veriff-cation, in 1983 and did not identify any significant safety issues. Subsequent to receipt of the October 5, 1985 letter from the Government Accountability Project.(GAP), the staff has reviewed additional documents in GAP's offices and conducted inspections at GE's facility in San' Jose. The purpose of these actions was to review further Mr. Milam's allegations and to review issues
. raised by Mr. Charles Stokes, a consultant for GAP. The NRC has not yet completed this review; however, no issues have been identified te date which warrant the actions requested by the Petition.
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3 The NRC staff will ccntinue to review the')etition and I will issue a formal decision with regard to it ir..the reasonably near future. Please be. advised that the Petition hes also been forwarded :0.the NRC's Office of Inspector er.d Auditor (01A). DIA is responsible for com;idering allegations of NRC wrongdoing.
A copy of the Notice that is being filed fcr publication with the Office of the Federal Reoister is enclosed for your inforaatior..
Sincerelv, 4ad Harold. De t n, Director Office of t'uclear Reactor Regulation
Enclosures:
1.
Letter to WPE from R. Heishman, NRC, dtd 9/30/86 with Inspection Report 4
No. 99900302/86-01 2.
Federal Reaister Notice cc w/ enclosures and incoming:
Cleveland Electric Illuminatino Co.
Shaw, Pittman, Potts & Trowbridge i
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The NRC staff will' continue to review the Petition and I'will issue a formal
- decision with regard to it in the reasonably near. future. Please be advised that'the Petition has also been forwarded to the NRC's Office of Inspector and
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Auditor-(0IA). OIA is responsible for_considering allegations of NRC wrongdoing.
A copy of the Notice that is being filed for publication with the Office of the Federal. Register is' enclosed for your information.
Sincerely,-
hwrE $
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Enclosures:
21.
Letter to'WPE from R. Heishman, NRC, dtd 9/30/86 with Inspection Report No. 99900302/86-01 2.
Federal Register Notice ccw[enclosuresandincoming:
Cleveland Electric Illuminating Co.
Shaw, Pittman, Potts'& Trowbridge DISTRIBUTION
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,The NRC' staff will-continue to review the-Petition and I will issue a formal
-decision with regaidtto it in the reasonably.near future. Please be. advised E that the-Petition'has also been forwarded to the NRC's 0ffice of Inspector and,
Auditor;.(OIA). OIA is responsible for considering allegations of NRC wrongdoing. -
- A copy of the_ Notice that is'being filed for/ publication with the Office of the
- Federal Register is enclosed for your information.
. Sincerely.-
, W f' l:.
Harold R. Dentan, Director
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0fficeof:NuclearReactorRegulatiion
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Enclosures-1.
Letter to WPE from R. Heishman,.NRC,.
dtd 9/30/86 with. Inspection. Report 1No. 99900302/86 -
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Federal Register Notice cc w/ enclosures and incoming:
Cleveland Electric Illuminating Co.
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Mr. Murray R. Edeiran,.Vice President-Nuclear Operations Group-
-The Cleveland Electric:111 urinating Company P. O. Box-5000 Cleveland,~0hio 44101
-Jay E. Silberg, Esq.
~Shaw, Pittman, Potts-& Trowbridge 2300 N Street, N.k'.
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UNITED STATES :
NUCLEAR REGULATORY COMMISSION e-J WASHINGTON, D. C. 20555
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September 30, 1986 Docket No.: 99900302/86-01 Western Piping and Engineering ATTN: Mr. Kenneth A. Friedman President 1485 Yoserr.ite Avenue San Francisco, California 94124 Gentlemen:
This refers to the inspection conducted by R. P. Correia of this office on -
August 11-12, 1986, of your-facility in San Francisco, California and to the discussions of our findings with you and members of your staff at the conclusion of the inspection.
The purpose of the inspection was to examine Western Piping and Engineering records related to allegations concerning,the _cualification of personnel-performing certification activities for pipe clamps and materials supplied by Western Piping and Engineering. Areas examined during the inspection and Within these areas, the our findings are discussed in the enclosed report.
inspection consisted of an examination of representative records, interviews with personnel, and observations by the inspector.
The Commission's enforcement policy applicable to vendors states that prcducts or services provided for use in nuclear activities are sbbject to certain requirements designed to ensure that the prooucts or services supplied that coulo affect safety are of high quality. NRC inspections of vendors are a-L part of the effort of ensuring that licensees fulfill their chligations ir.
determining that their vendors are meeting contractual cbligations with regard to applicable requirements including 10 CFR Part 50, Appendix B.
i During the inspection it was determined that the certifying engineer of pipa clamps manufactured by Western Piping and Engineering, was not a registered Professional Engineer in the state of California. However, as discussed in the enclosed report, these clamps me+. the requirements of the ASME code l
specified on purchase specifications for certificatier., tranufacturing and L
In testing which were to be used in specific United States nuclear plarts.
addition, the same results were found in representative records of siriilar pipe clamps supplied by Western Piping and Engineering for customers prccuring ciecrs for unspecified United States facilities and for foreign riuclear plants.
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Western Piping and Engineering September 30, 1986 i
ts are identified
- The specific findings and references to the pertinent requ remen in the enclosed inspection report.
In accordance with 10 CFR 2.790 of the Commission's regulations, a copy of this letter and the enclosed inspection report will be placed in the NRC's Public Document Room.
Should you have any questions concerning this inspection, we will be pleased to discuss them with you.
Sincerely, cp U
Robert F. Heishman, Chief Vendor Program Branch Division of Quality Assurance, Vendor and Technical Training Center Programs Office of Inspection and Enforcement
Enclosures:
Appendix A-Inspection Report No. 99900302/86-01 1.
Appendix B-Inspection Data Sheets (1 page )
2.
cc w/ enclosures:
Gulf States Utilities Company ATTN: Mr. William J. Cahill, Jr.
Senior Vice President River Bend Nuclear Group Post Office Box 2951 Seaumont, Texas 77704 Cleveland Electric Illuminating Company ATTN: hr. Murray R. Edelman Vice President, Nuclear Operations Post Office Box 5000 Cleveland, Ohio 44101 Texas Utilities Generating Company ATTN: Mr. W. G. Counsil Executive Vice President 400 N. Olive Street, L.B. 81 Callas, Texas 75201 Philadelphia Electric Company ATTH: Mr. Edward G. Bauer, Jr.
Vice President and General Counsel 2301 Market Street Philadelphia, Pennsylvania 19101
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Western Piping and Engineering September 30, 1986 cc'w/ enclosures:
(continued)
'Public Service Company of New Hampshire ATTN: Mr. Robert J. Harriscn-President and Chief Executive Officer Post Office Sex 330 Manchester, New Hampshire -03105 General Electric. Company Nuclear Energy Group
' ATTN: Mr. J. Fox, Senior Program Manager 175 Curtner Avenue San Jose, California 95125 Paul-Munroe Hydraulics, Inc.
Energy Division ATTN: Mr. John M. Cabe
.s' 1701.W. Sequoia Avenue Orange, California 92668
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g ORGANIZATION: WESTERN PIPING AND ENGINEERING
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SAN FRANCISCO, CALIFORNIA INSPECTION INSPECTION REPORT NO.: 99900302/86-01 DATE: 8/11-12/86 ON-SITE FOUPS-11 CORRESPONDENCE ADDRESS: Western Piping and Engineering ATTN: Mr. K. A. Friedman, President 1485 Yosemite Avenue San Francisco, California 94124 ORGANIZATIONAL CONTACT: Pr. G. Pappas, Quality Assurance Manager TELEPHONE NUMBER:
(415) 822-6464 NUCLEAR INDUSTRY ACTIVITY: Design and engineering of vessels, appurtenances, component supports, piping subassemblies, and material supplier of ferrous forgings, plates and welding materials.
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ASSIGNE0 INSPECTOR: /{. P. Correia. Special ProjQts Injpection Section ate (SPIS) r h
APPROVED BY:
vate
{otin W. Craig, Chief, SPIS, VendW Program Branch l
INSPECTION EASES AND SCOPE:
A.
BASES: 10 CFR Part 21, and 10 CFR Part 50, Appendix B.
SCOPE: The inspection consisted of an examination of quality assurance B.
and engineering records related to allegations concerning the certifi-cation and manufacturing of pipe clamps supplied by Western Piping and Engineering to various U.S. nuclear plants, a foreign plant, and other U.S. customers.
River Bend (50 458); Perry (50-440); Comanche Peak PLANT SITE APPLICABILITY:
(50-445); Peach Bottom (50-277); Seabrook (50-443); and Cofrentes (Spain).
b
ORGANIZATION: WESTERN PIPING AND ENGINEERING SAN FRANCISCO, CALIFORNIA INSPECTION REPORT NO.: 99900302/86-01 RESULTS:
PAGE 2 of 4 A.
VIOLATIONS:
There were no violations identified during this inspection.
B.
NONCONFORMANCES:
There were no nonconformances identified during this inspection.
C.
UNRESOLVED ITEMS:
No unresolved items were identified during this inspection.
D.
STATUS OF PREVIOUS INSPECTION FINDINGS:
There were no open items fram previous inspections.
E.
OTHER FINDINGS OR COMMENTS:
The inspection at Western Pioing and Engineering (WPE) was performed in response to allegations concerning the certifications of.the engineer who performed either the design calculations or the certification of such calculations for clamps manuf actured by WPE. The allegation was that the engineer was not a registered Professional Engineer (PE) in the State of California. Also an allegation concerning the use of illicit materials in the clamps for the River Bend Nuclear Plant was addressed.
1.
Pipe Clamp Certificatien Activities The NRC inspector reviewea the WPE files of the engineer who pcrformed The design calculations and/or certification of such calculatiens.
files examined were of a recent WPE 0A audit (dated 6/21/86) in which a resume of the engineer was included as-well-as an audit question-naire which followed the guidelines for demonstrating PE qualifica-tions established by Appendix C of the ASME Code,Section III, as required by Section 2 of ANSI /ASME N626.3 " Qualifications and Duties of Personnel Engaged in ASME Boiler and Pressure Vessel Code, Secticn III, Divisions 1 and 2, Certifying Activities." In particular, paragraph 2.2 of ANSI /ASME N626.3 requires, in part, that personnel engaged in ASME certifying activities be a registered Professional Engineer in at least one state of the United States or Province of Canada with specified years of experience in certifying activities as delineated in paragraphs 2,3 through 2.6 of the aforementioned standard.
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ORGANIZATION: WESTERN PIPING AND ENGINEERING SAN FRANCISCO, CALIFORNIA INSPECTION REPORT NO.: 99900302/86-01 RESULTS:
PAGE 3 of 4 Also, maintenance of current knowledge of Code requirements and continued professional development in his or her speciality field through various means is required. The standard also requires in part, that the Owner, Designer, or N-Certificate Holder, as applicable, must review the qualification of the PE at least once every three years to assure that his/her qualifications have been maintained with a continuing record of all such activity included in the qualification The records demonstrated that the engineer records of the PE.
identified in the allegation wat at the time period in question, and is currently, a registered Professional Engineer in the states of Pennsylvania and New York but not in California.
The allegation specified that the following nuclear power plants have had clamps designed and manufactured by WPE and were certified by personnel not having a PE registration in the state of California:
River Bend, Perry, Peach Bottom, Comanche Peak, Seabrook and Cofrentes (a Spanish nuclear plant). The HEC inspector examined the WPE record WPE has files for each cf these nuclear pcwer plants except Seabrook.
no record of having designed or ranufactured a clamp which was to be used in the Seabrook facility. All purchase orders and technical specifications for these nuclear plants indicated that the clamp assemblies, as a minimum, be designed, in accordance to the require-ments of ASME Boiler and Pressure Vessel Code,Section III, Subsectier NF, Class 1.
In addition, the record files for purchasers of WPE clamps by the Paul Munroe Hydraulics Company, which did not specify the facility in which they were to be installed, also required the sdme ASME design certifications.
The file examined curing the NRC inspection included all requirements set forth in the ANSI /ASME standard referenced above.
10 CFR Part 2, Appendix C Section VIII states that NRC inspections I
of vendors are conducted to determine whether they are meeting their
(
contractual obligations to licensees. There were no requirements identified in any of the examined record files which indic6ted that the design engineer certifying the clamps procurad frcm WPE This allegatior, wts be a registered PE in the state of California.
not substantiated and no nonconferrances fcund during this part cf the inspection, since the certifying engineer dia neet the ASME requirements as required by procurement specifications.
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ORGANIZATION: WESTERN PIPING AND ENGINEERING SAN FRANCISCO, CALIFORNIA i
INSPECTION PAGE 4 of 4 REPORT-RESULTS:
NO.: 99900302/86-01 Materials in Pipe Clamps supplied for River Bend 2.
The allegation that pipe clamps supplied for the River Bend Nuclear All WPE clamps Power Plant contained improper materials was reviewed.
designed and manufactured for the River Bend facility were purchased by General Electric (GE) (ref: GE P0 No. 205 AM 674). GE require-ments for certifications, data sheets, drawings, codes and standards were examined and found in WPE QA records including GE QA certifica-tion that their requirements were met. All materials, their respec-tive certifications for compliance to P0 specifications, both non-destructive examinations and destructive testing requirements, t
chemical analyses and results were reviewed. All WPE nonconformance reports (NCR) written during the design and manufacturing of the River Bend clamps were reviewed. Of the twelve total NCR's written, ten were dispositioned with appropriated approvals for acceptance or Two NCR's were voided upon discovery that the suspected rejection.
All nonconformances disposition nonconformance was not valid.
"use-as-is" were justified by either being within code requirements or included an engineering analyses with results being acceptable Based upon the documents without compromising code requirements.
reviewed, pipe clamps supplied by WPE were manufactured in accordance with the utility's purchase specifications.
The allegation was not substantiated and no items of nonconformance were identified.
F.
PERS0fS CONTACTED K. A. Friedman, President, WPE M. Wright, Project Marager, WPE G. Pappas, Quality Assurance Manager, WPE
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