Information Notice 1992-66, Access Denied to NRC Inspectors at Five Star Products, Inc. and Construction Products Research, Fairfield, Connecticut: Difference between revisions

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| issue date = 09/01/1992
| issue date = 09/01/1992
| title = Access Denied to NRC Inspectors at Five Star Products, Inc. and Construction Products Research, Fairfield, Connecticut
| title = Access Denied to NRC Inspectors at Five Star Products, Inc. and Construction Products Research, Fairfield, Connecticut
| author name = Rossi C E
| author name = Rossi C
| author affiliation = NRC/NRR
| author affiliation = NRC/NRR
| addressee name =  
| addressee name =  
Line 14: Line 14:
| page count = 8
| page count = 8
}}
}}
{{#Wiki_filter:II UNITED STATES NUCLEAR REGULATORY
{{#Wiki_filter:II


COMMISSION
UNITED STATES


===OFFICE OF NUCLEAR REACTOR REGULATION===
NUCLEAR REGULATORY COMMISSION
WASHINGTON, D.C. 20555 September


1, 1992 NRC INFORMATION
OFFICE OF NUCLEAR REACTOR REGULATION


NOTICE 92-66: ACCESS-DENIED
WASHINGTON, D.C. 20555 September 1, 1992 NRC INFORMATION NOTICE 92-66:   ACCESS-DENIED TO NRC INSPECTORS AT FIVE STAR


TO NRC INSPECTORS
PRODUCTS, INC. AND CONSTRUCTION PRODUCTS


AT FIVE STAR PRODUCTS, INC. AND CONSTRUCTION
RESEARCH, FAIRFIELD, CONNECTICUT
 
===PRODUCTS RESEARCH, FAIRFIELD, CONNECTICUT===


==Addressees==
==Addressees==
All holders of operating
All holders of operating licenses or construction permits for nuclear power
 
licenses or construction
 
permits for nuclear power reactors and all recipients
 
of NUREG-0040, "Licensee, Contractor


and Vendor Inspection
reactors and all recipients of NUREG-0040, "Licensee, Contractor and Vendor


Status Report" (White Book).
Inspection Status Report" (White Book).


==Purpose==
==Purpose==
The U.S. Nuclear Regulatory
The U.S. Nuclear Regulatory Commission (NRC) is issuing this information


Commission (NRC) is issuing this information
notice to alert addressees to the NRC's concern that Five Star Products, Incorporated (Five Star), and its laboratory contractor, Construction Products


notice to alert addressees
test


to the NRC's concern that Five Star Products, Incorporated (Five Star), and its laboratory
Research (CPR), denied NRC inspectors necessary access to the contracted


contractor, Construction
laboratory and test data for grout and concrete  mix products.  It is expected


Products Research (CPR), denied NRC inspectors
that recipients will review this information and consider actions, as- are


necessary
appropriate. However, suggestions contained in this information notice is


access to the contracted
not NRC requirements; therefore, no specific action or written response


test laboratory
required.


and test data for grout and concrete mix products.
==Description of Circumstances==
On Tuesday, August 18, 1992, NRC inspectors arrived at the Five Star facility, located at Fairfield, Connecticut, to conduct an inspection pursuant to the


It is expected that recipients
provisions of Section 21.41, "Inspection," of Title 10 of the Code of Federal


will review this information
Regulations, Part 21 (10 CFR Part 21). The NRC promulgated 10 CFR Part 21 under the authority of Section 206 of the Energy Reorganization Act of 1974,
    42 U.S.C. 5846, and Sections 161b and 161o of the Atomic Energy Act of 1954, as amended, (42 U.S.C. 2201(b) and 2201(o)). Section 21.41 authorizes NRC for


and consider actions, as-appropriate.
inspections of facilities supplying "basic components," or parts thereof, commercial nuclear power plants as that term is defined in 10 CFR Part 21.


However, suggestions
Five Star supplies grout and concrete mix materials, tested at its facility by


contained
CPR, to the commercial nuclear industry. Five Star certifies these materials


in this information
as being manufactured and controlled in accordance with the requirements of


notice are not NRC requirements;
Appendix B to 10 CFR Part 50.
therefore, no specific action or written response is required.Description


of Circumstances
2Ar


On Tuesday, August 18, 1992, NRC inspectors
9209010039
                                                                              _7DA\A)


arrived at the Five Star facility, located at Fairfield, Connecticut, to conduct an inspection
ill


pursuant to the provisions
IN 92-66 September 1, 1992 On Tuesday, August 18, 1992, and Wednesday, August


of Section 21.41, "Inspection," of Title 10 of the Code of Federal Regulations, Part 21 (10 CFR Part 21). The NRC promulgated
19, 1992, the NRC


10 CFR Part 21 under the authority
inspectors were denied access necessary for an


of Section 206 of the Energy Reorganization
inspection of the CPR test


Act of 1974, 42 U.S.C. 5846, and Sections 161b and 161o of the Atomic Energy Act of 1954, as amended, (42 U.S.C. 2201(b) and 2201(o)).
laboratory and test records on the Five Star premises.


Section 21.41 authorizes
19, 1992, Five Star managers told the NRC inspectors        On Wednesday, August


NRC inspections
that  they would not be


of facilities
allowed to continue the inspection as of the end


supplying "basic components," or parts thereof, for commercial
of the day even though the


nuclear power plants as that term is defined in 10 CFR Part 21.Five Star supplies grout and concrete mix materials, tested at its facility by CPR, to the commercial
NRC inspectors indicated that they had not completed


nuclear industry.
the inspection.


Five Star certifies
Discussion


these materials as being manufactured
The NRC conducted this inspection to determine


and controlled
the extent to which Five Star


in accordance
has supplied material or services to licensed nuclear


with the requirements
its quality assurance and testing programs, and            plants, the adequacy of


of Appendix B to 10 CFR Part 50.2Ar 9209010039
the adequacy of its products.
_7DA\A)
ill IN 92-66 September


1, 1992 On Tuesday, August 18, 1992, and Wednesday, August 19, 1992, the NRC inspectors
Purchase orders reviewed during the limited inspection


were denied access necessary
licensees have purchased concrete products from            indicated that


for an inspection
Five Star and are invoking the


of the CPR test laboratory
requirements of Appendix B to 10 CFR Part 50 and


and test records on the Five Star premises.
10 CFR Part 21 on the orders


On Wednesday, August 19, 1992, Five Star managers told the NRC inspectors
to Five Star. The NRC learned that licensees


that they would not be allowed to continue the inspection
and licensee contractors


as of the end of the day even though the NRC inspectors
auditing Five Star who requested access to CPR's


indicated
test laboratory and test


that they had not completed
records were denied necessary access to the test


the inspection.
laboratory and records.


Discussion
During the limited inspection at Five Star, the


The NRC conducted
NRC inspectors found that not


this inspection
all licensees purchasing from Five Star had performed


to determine
Five Star. In October, 1991, a member of the                implementation audits of


the extent to which Five Star has supplied material or services to licensed nuclear plants, the adequacy of its quality assurance
Nuclear Utility Procurement


and testing programs, and the adequacy of its products.Purchase orders reviewed during the limited inspection
Issues Council (NUPIC) performed a NUPIC audit


indicated
and concluded that the Five


that licensees
Star quality assurance program and its implementation


have purchased
did not meet certain requirements of Appendix              were unacceptable and


concrete products from Five Star and are invoking the requirements
B  to  10  CFR Part 50. However,
~thL-NRC-insp-ectors--determi-ned--that-some-l-fcensees-have-accepted


of Appendix B to 10 CFR Part 50 and 10 CFR Part 21 on the orders to Five Star. The NRC learned that licensees
quality assurance program as meeting all applicable                    the-Five-Star~--
                                                                Appendix B requirements.


and licensee contractors
The NRC inspectors reviewed Five Star customer


auditing Five Star who requested
purchase orders for the period


access to CPR's test laboratory
from 1988 to 1992 and determined that at least


and test records were denied necessary
seven licensees and one


access to the test laboratory
licensee contractor issued purchase orders to Five


and records.During the limited inspection
Star for grout and concrete


at Five Star, the NRC inspectors
mix products and specified compliance to Appendix


found that not all licensees
B to 10 CFR Part 50 and 10
        CFR Part 21. Purchasers may have accepted the


purchasing
use of Five Star products upon


from Five Star had performed
performing audits that did not include reviewing


implementation
the test laboratory and test


audits of Five Star. In October, 1991, a member of the Nuclear Utility Procurement
records. Therefore, the affected audits were not


Issues Council (NUPIC) performed
quality of the Five Star products.                    adequate to determine the


a NUPIC audit and concluded
The denial of access to NRC inspectors appears


that the Five Star quality assurance
to be a willful violation of


program and its implementation
Section 21.41, which permits the NRC access to


were unacceptable
Five Star's records, premises, activities, and basic components as necessary to


and did not meet certain requirements
effect the purposes of this


of Appendix B to 10 CFR Part 50. However,~thL-NRC-insp-ectors--determi-ned--that-some-l-fcensees-have-accepted
part. Upon being denied access, the NRC could


the-Five-Star~-
not examine the extent and
-quality assurance


program as meeting all applicable
adequacy of the products produced by Five Star


Appendix B requirements.
and therefore does not have


The NRC inspectors
reasonable assurance that the products produced


reviewed Five Star customer purchase orders for the period from 1988 to 1992 and determined
are


that at least seven licensees
safety-related applications in nuclear power plants. adequate for use in


and one licensee contractor
Consequently, the NRC is


issued purchase orders to Five Star for grout and concrete mix products and specified
interested in receiving any information on tests


compliance
or instances of failure of


to Appendix B to 10 CFR Part 50 and 10 CFR Part 21. Purchasers
Five Star products.


may have accepted the use of Five Star products upon performing
I


audits that did not include reviewing
IN 92-66 September 1, 1992 This information notice requires no specific action or written response. If


the test laboratory
you have any questions about the information in this notice, please contact


and test records. Therefore, the affected audits were not adequate to determine
one of the technical contacts listed below or the appropriate NRC Office of


the quality of the Five Star products.The denial of access to NRC inspectors
Nuclear Reactor Regulation (NRR) project manager.


appears to be a willful violation
Charles E. Rossi, Director


of Section 21.41, which permits the NRC access to Five Star's records, premises, activities, and basic components
Division of Operational Events Assessment


as necessary
Office of Nuclear Reactor Regulation


to effect the purposes of this part. Upon being denied access, the NRC could not examine the extent and adequacy of the products produced by Five Star and therefore
Technical contacts:      Robert Pettis, NRR


does not have reasonable
(301) 504-3214 Stewart Magruder, NRR


assurance
(301) 504-3220
  Attachment:  List of Recently Issued NRC Information Notices


that the products produced are adequate for use in safety-related
Attachment


applications
IN 92-66 September 1, 1992 Page I of I -
                                                    LIST OF RECENTLY  ISSUED


in nuclear power plants. Consequently, the NRC is interested
NRC INFORMATION NOTICES


in receiving
Information                                  Date of


any information
Notice No.            Subject                Issuance    Issued to


on tests or instances
92-65          Safety System Problems        09/03/92    All holders of OLs or CPs


of failure of Five Star products.
Caused by Modifications                    for nuclear power reactors.


I IN 92-66 September
That Were Not Adequately


1, 1992 This information
Reviewed and Tested


notice requires no specific action or written response.
92-64          Nozzle Ring Settings          08/28/92    All holders of OLs or CPs


If you have any questions
on Low Pressure Water-                    for nuclear power reactors.


about the information
Relief Valves


in this notice, please contact one of the technical
92-63          Cracked Insulators in         08/26/92    All holders of OLs or CPs


contacts listed below or the appropriate
ASL Dry Type Transformers                  for nuclear power reactors.


NRC Office of Nuclear Reactor Regulation (NRR) project manager.Charles E. Rossi, Director Division of Operational
Manufactured by Westing- house Electric Corporation


===Events Assessment===
92-62          Emergency Response            08/24/92    All U.S. Nuclear Regulatory
Office of Nuclear Reactor Regulation


Technical
Information Require-                      Commission licensees.


contacts: Robert Pettis, NRR (301) 504-3214 Stewart Magruder, NRR (301) 504-3220 Attachment:
rents for Radioactive
List of Recently Issued NRC Information


===Notices Attachment===
Material Shipments
IN 92-66 September


1, 1992 Page I of I -LIST OF RECENTLY ISSUED NRC INFORMATION
92-61          Loss of High Head              08/20/92    All holders of OLs or CPs


NOTICES Information
Safety Injection                          for nuclear power reactors.


Date of Notice No. Subject Issuance Issued to 92-65 Safety System Problems 09/03/92 All holders of OLs or CPs Caused by Modifications
92-60          Valve Stem Failure            08/20/92   All holders of OLs or CPs


for nuclear power reactors.That Were Not Adequately
Caused by Embrittlement                    for pressurized water


Reviewed and Tested 92-64 Nozzle Ring Settings 08/28/92 All holders of OLs or CPs on Low Pressure Water- for nuclear power reactors.Relief Valves 92-63 Cracked Insulators
reactors (PWRs).


in 08/26/92 All holders of OLs or CPs ASL Dry Type Transformers
92-59          Horizontally-installed        08/18/92   All holders of OLs or CPs


for nuclear power reactors.Manufactured
Motor-Operated Gate                        for nuclear power reactors


by Westing-house Electric Corporation
Valves


92-62 Emergency
92-58          Uranium Hexafluoride          08/12/92    All Fuel Cycle Licensees.


Response 08/24/92 All U.S. Nuclear Regulatory
Cylinders - Deviations


Information
in Coupling Welds


Require- Commission
92-57          Radial Cracking of            08/11/92    All holders of OLs or CPs


licensees.
Shroud Support Access                      for boiling water reactors


rents for Radioactive
Hole Cover Welds                            (BWRs).


Material Shipments 92-61 Loss of High Head 08/20/92 All holders of OLs or CPs Safety Injection
92-56          Counterfeit Valves in          08/06/92   All holders of OLs or CPs


for nuclear power reactors.92-60 Valve Stem Failure 08/20/92 All holders of OLs or CPs Caused by Embrittlement
the Commercial Grade                        for nuclear power reactors.


for pressurized
Supply System


water reactors (PWRs).92-59 Horizontally-installed
OL - Operating License


08/18/92 All holders of OLs or CPs Motor-Operated
CP - Construction Permit


Gate for nuclear power reactors Valves 92-58 Uranium Hexafluoride
IN 92-66 September 1, 1992 This information notice requires no specific action or written response. If


08/12/92 All Fuel Cycle Licensees.
you have any questions about the information in this notice, please contact


Cylinders
one of the technical contacts listed below or the appropriate NRC Office of


-Deviations
Nuclear Reactor Regulation (NRR) project manager.


in Coupling Welds 92-57 Radial Cracking of 08/11/92 All holders of OLs or CPs Shroud Support Access for boiling water reactors Hole Cover Welds (BWRs).92-56 Counterfeit
Original Signed by


Valves in 08/06/92 All holders of OLs or CPs the Commercial
Charles E. Rossi


Grade for nuclear power reactors.Supply System OL -Operating
Charles E. Rossi, Director


License CP -Construction
Division of Operational Events Assessment


Permit
Office of Nuclear Reactor Regulation


IN 92-66 September
Technical contacts:    Robert Pettis, NRR


1, 1992 This information
(301) 504-3214 Stewart Magruder, NRR


notice requires no specific action or written response.
(301) 504-3220
Attachment:    List of Recently Issued NRC Information Notices


If you have any questions
Document Name: 92-66.IN


about the information
* See Previous Concurrence


in this notice, please contact one of the technical
+ Per discussion between CERossi & JLieberman


contacts listed below or the appropriate
OFFICE      VIB/DRIS      VIB/DRIS  VIB/DRIS      EDITOR          DRIS/NRR  DI


NRC Office of Nuclear Reactor Regulation (NRR) project manager.Original Signed by Charles E. Rossi Charles E. Rossi, Director Division of Operational
NAME        SMagruder    GCwalina    LNorrholm    JMain          BGrimes  RFortuna


===Events Assessment===
DATE        8/24/92*      8/24/92*  8/24/92*      8/24/92*        8/25/92*  8/24/92*
Office of Nuclear Reactor Regulation
              OGC        OGCB:DOEA        OGCB:DOEA      D        t  IR:OE
 
Technical
 
contacts: Robert Pettis, NRR (301) 504-3214 Stewart Magruder, NRR (301) 504-3220 Attachment:
List of Recently Issued NRC Information


Notices Document Name: 92-66.IN* See Previous Concurrence
GLongo      JJPetrosino      GHMarcus        fE          ieberman


+ Per discussion
8/25/92*    08/26/92*        08/26/92*      0-    /92086/92+


between CERossi & JLieberman
'-) IN 92-XX


OFFICE NAME DATE VIB/DRIS SMagruder 8/24/92*VIB/DRIS GCwalina 8/24/92*VIB/DRIS LNorrholm 8/24/92*EDITOR JMain 8/24/92*DRIS/NRR BGrimes 8/25/92*DI RFortuna 8/24/92*OGC GLongo 8/25/92*OGCB:DOEA JJPetrosino
August XX, 1992 Page 3 o 3 This information notice requires no specific action or written r sponse. If


08/26/92*OGCB:DOEA GHMarcus 08/26/92*D t IR:OE fE ieberman 0- /92 086/92+
you have any questions about the information in this notice, p ease contact
'-) IN 92-XX August XX, 1992 Page 3 o 3 This information


notice requires no specific action or written r sponse. If you have any questions
one of the technical contacts listed below or the appropriat NRC Office of


about the information
Nuclear Reactor Regulation (NRR) project manager.


in this notice, p ease contact one of the technical
Charles E. Ross/, Director


contacts listed below or the appropriat
Division of 0 rational Events Assessment


NRC Office of Nuclear Reactor Regulation (NRR) project manager.Charles E. Ross/, Director Division of 0 rational Events Assessment
Office of Nu ear Reactor Regulation


===Office of Nu ear Reactor Regulation===
Technical contacts:    Robert Pettis, NRR
Technical


contacts:
(301) 504-3214 Stewart Magruder, N
Robert Pettis, NRR (301) 504-3214 Stewart Magruder, N (301) 504-3220 Attachment:
List of Recently Issued C Information


Notices* See Previous Concurrence
(301) 504-3220
Attachment:    List of Recently Issued    C Information Notices


+ Per discussion
* See Previous Concurrence


between CERossi & JLieberman
+ Per discussion between CERossi & JLieberman


OFFICE VIB/DRIS VIBjDRIS VIB/DRIS EDITOR DRIS/NRR OI NAME SMagruder
OFFICE       VIB/DRIS     VIBjDRIS   VIB/DRIS     EDITOR       DRIS/NRR   OI


GCwalina LNorrholm
NAME        SMagruder    GCwalina   LNorrholm   JMain        BGrimes    RFortuna


JMain BGrimes RFortuna DATE 8/24/92* 8/24/92* 8/24/92* 8/24/92* 8/25/92* 8/24/92*OGC OGCB A OGCB:DOEA
DATE         8/24/92*     8/24/92*   8/24/92*     8/24/92*     8/25/92*   8/24/92*
              OGC       OGCB   A       OGCB:DOEA   DIR:DOEA  DIR:OE


DIR:DOEA DIR:OE GLongo JJ Pe 0o GHMarcus CERossi JLieberman
GLongo     JJPe      0o   GHMarcus     CERossi   JLieberman


8/25/92* 0 08/26/92*  
8/25/92*   0               08/26/92*   08/ /92   08/26/92+
08/ /92 08/26/92+  
IN 92-XX August XX, 1992 reasonable


assurance
IN 92-XX


that the products produced are adequate for use in safety-related
August XX, 1992 reasonable assurance that the products produced are adequate for use in


applications
safety-related applications in nuclear power plants. Consequently, the NRC is


in nuclear power plants. Consequently, the NRC is interested
interested in receiving any information on tests or i stances of failure of


in receiving
Five Star products.


any information
This information notice requires no specific ac on or written response. If


on tests or i stances of failure of Five Star products.This information
you have any questions about the information i this notice, please contact


notice requires no specific ac on or written response.
one of the technical contacts listed below or/the appropriate NRC Office of


If you have any questions
Nuclear Reactor Regulation (NRR) project mai ger.


about the information
,harles E. Rossi, Director


i this notice, please contact one of the technical
Division of Operational Events Assessment


contacts listed below or/the appropriate
NRC Office of Nuclear Reactor Regulation (NRR) project mai ger.,harles E. Rossi, Director Division of Operational
===Events Assessment===
Office of Nuclear Reactor Regulation
Office of Nuclear Reactor Regulation


4RR-, NRR NRC Information
Technical contacts: Robert            4RR


Notices Technical
(301) !
                      Stewa/t Magrudei-, NRR


contacts:
(301)! 504-3220
Robert (301) !Stewa/(301)!Attachment:  
Attachment: List of Re ent             NRC Information Notices
List of Re ent t Magrudei 504-3220* See Previous Concurrence


+ Per discussion
* See Previous Concurrence


between CERossi & JLieberman
+ Per discussion between CERossi & JLieberman


OFFICE NAME DATE VIB/DRIS SMagruder 8/24/92*VIB/DRIS GCwal ina 8/24/92*VIB/DRIS LNorrholm 8/24/92*EDITOR JMain 8/24/92*DRIS/NRR BGrimes 8/25/92*0I RFortuna 8/24/92*OGC GLongo 8/25/92*OGCB:DOEA
OFFICE       VIB/DRIS     VIB/DRIS   VIB/DRIS     EDITOR     DRIS/NRR 0I


DIR:DOEA GHMarcus Mo CERossi 08/2"/92 08/ /92 DIR:OE JLieberman
NAME        SMagruder    GCwal ina  LNorrholm    JMain      BGrimes  RFortuna


08/26/92+
DATE        8/24/92*      8/24/92*    8/24/92*    8/24/92*    8/25/92*  8/24/92*
K>If you have any questions
              OGC            OGCB:DOEA  DIR:DOEA  DIR:OE


about the information
GLongo        GHMarcus Mo CERossi    JLieberman


in this notice, please contact one of the technical
8/25/92*      08/2"/92    08/ /92  08/26/92+


contacts listed below or the appropriate
K>
If you have any questions about the information in this notice, please contact


Office of Nuclear Reactor Regulation (NRR) project manager.T R S C E Charles E. Rossi, Di t Division of Operati 1 Events Assessment
one of the technical contacts listed below or the appropriate Office of


===Office of Nuclear actor Regulation===
Nuclear Reactor Regulation (NRR) project manager.
echnical contacts: tobert Pettis, NRR 301) 504-3214 tewart Magruder, NRR 301) 504-3220*See previous concurrence)ISTRIBUTION:
IIB R/F GCwalina OGCB CRossi IRIS R/F LNorrholm


0I;Magruder
Charles E. Rossi, Di    t


BGrimes OGC/ gaf OI IFFICE VIB/DRIS VIB/DRIS VIB/DRIS EDITOR R I 1AME SMagruder
Division of Operati    1 Events Assessment


GCwalina LNorrholm
Office of Nuclear actor Regulation


Jeff 1 es)ATE 8/24/92* 8j24/92* 8/24/92* 8/24/92* 8/5/ 92 8/24/92*OGC OGCB o&e-6 ; o: O.rA 8/25/92* 8/ /92 / A 4 C 4 performed
Technical contacts:


implementation
===Rtobert Pettis, NRR===
301) 504-3214


audits of Five Star. A Nuclear Utility Procurement
===Stewart Magruder, NRR===
301) 504-3220
*See previous concurrence


Issues Council (NUPIC) member audit performed
C)ISTRIBUTION:
IIB R/F            GCwalina        OGCB          CRossi


in October, 1991, concluded
EIRIS R/F


that the Five Star quality assurance
;Magruder


program and its implementation
LNorrholm


was unacceptable
BGrimes


and did not meet certain requirements
0I


of Appendix B to 10 CFR Part 50. However, the NRC inspectors
OGC


determined
/                              gaf    OI


that some licensees
CIFFICE      VIB/DRIS    VIB/DRIS  VIB/DRIS      EDITOR              R  I


have accepted the Five Star quality assurance
1AME        SMagruder    GCwalina  LNorrholm    Jeff          1 es


program as meeting all applicable
)ATE        8/24/92*    8j24/92*  8/24/92*      8/24/92*    8/5/ 92    8/24/92*
            OGC          OGCB                    o:O.rA


Appendix B requirements.
; o&e-6
            8/25/92*    8/ /92                /    A 4
                                      4


Five Star customer purchase orders for the period between 1988 and the present were reviewed by the NRC inspectors.
performed implementation audits of Five Star. A Nuclear Utility Procurement Issues Council


From this review, it was determined
(NUPIC) member audit performed in October, 1991, concluded that the Five Star quality


that at least 7 licensees
assurance program and its implementation was unacceptable and did not meet certain


and one licensee contractor
requirements of Appendix B to 10 CFR Part 50. However, the NRC inspectors determined that


issued purchase orders to Five Star for grout and concrete mix products and specified
some licensees have accepted the Five Star quality assurance program as meeting all


compliance
applicable Appendix B requirements. Five Star customer purchase orders for the period


to Appendix B to 10 CFR Part 50 and 10 CFR Part 21. Purchasers
between 1988 and the present were reviewed by the NRC inspectors. From this review, it was


may have accepted the use of Five Star products without review of the test laboratory
determined that at least 7 licensees and one licensee contractor issued purchase orders to


and test records. Therefore
Five Star for grout and concrete mix products and specified compliance to Appendix B to 10
CFR Part 50 and 10 CFR Part 21. Purchasers may have accepted the use of Five Star products


the affected audits may be inadequate, and the acceptability
without review of the test laboratory and test records. Therefore the affected audits may


of Five Star products indeterminate.
be inadequate, and the acceptability of Five Star products indeterminate.


The denial of access to NRC inspectors
The denial of access to NRC inspectors appears to be a willful violation of Section 21.41, which permits NRC access to Five Star's records, premises, activities, and basic components


appears to be a willful violation
as necessary to effectuate the purposes of this part. Because of the denied access, the NRC


of Section 21.41, which permits NRC access to Five Star's records, premises, activities, and basic components
was unable to examine the extent and adequacy of the products produced by Five Star and


as necessary
therefore does not have reasonable assurance that the products produced are adequate for use


to effectuate
in safety-related applications innuclear power plants.


the purposes of this part. Because of the denied access, the NRC was unable to examine the extent and adequacy of the products produced by Five Star and therefore
The NRC is interested in receiving any information with respect to tests or instances of


does not have reasonable
failure of Five Star products. However, suggestions contained in this information notice


assurance
are not NRC requirements; therefore, no specific action or written response is required.


that the products produced are adequate for use in safety-related
Ifyou have any questions about the information inthis notice, please contact one of the


applications
technical contacts listed below or the appropriate Office of Nuclear Reactor Regulation


in nuclear power plants.The NRC is interested
(NRR) project manager.


in receiving
Charles E. Rossi, Director


any information
Division of Operational Events Assessment


with respect to tests or instances
Office of Nuclear Reactor Regulation
 
of failure of Five Star products.
 
However, suggestions
 
contained
 
in this information


notice are not NRC requirements;
Technical contacts:
therefore, no specific action or written response is required.If you have any questions


about the information
===Robert Pettis, NRR===
(301) 504-3214


in this notice, please contact one of the technical
===Stewart Magruder, NRR===
 
(301) 504-3220
contacts listed below or the appropriate
DISTRIBUTION:
 
VIB R/F                GCwalina      0I      CRossi
Office of Nuclear Reactor Regulation (NRR) project manager.Charles E. Rossi, Director Division of Operational
 
===Events Assessment===
Office of Nuclear Reactor Regulation


Technical
DRIS R/F                LNorrholm      OGC


contacts: Robert Pettis, NRR (301) 504-3214 Stewart Magruder, NRR (301) 504-3220 DISTRIBUTION:
===SMagruder BGrimes      OGCB===
VIB R/F GCwalina 0I CRossi DRIS R/F LNorrholm
OFFICE    VIB/I      VIBkli      VIB 2f    Editor    DRIS/NRR OI LvG


OGC SMagruder
NAME      SMag I* G(A ina e.-LN'riiolm    Jeff          BGrimes


BGrimes OGCB OFFICE VIB/I VIBkli VIB 2f Editor DRIS/NRR OI LvG NAME SMag I* G(A ina e.-LN'riiolm
DATE      08/aLy92 08g2I/9] 08/2- 92        08/ /92 08/ /92        08/l//92
    \Nq (W k-ci          OGCB


Jeff BGrimes DATE 08/aLy92 08g2I/9] 08/2- 92 08/ /92 08/ /92 08/l//92\Nq (W k- ci OGCB 08/ /92}}
08/ /92}}


{{Information notice-Nav}}
{{Information notice-Nav}}

Latest revision as of 03:21, 24 November 2019

Access Denied to NRC Inspectors at Five Star Products, Inc. and Construction Products Research, Fairfield, Connecticut
ML031200381
Person / Time
Site: Beaver Valley, Millstone, Hatch, Monticello, Calvert Cliffs, Dresden, Davis Besse, Peach Bottom, Browns Ferry, Salem, Oconee, Mcguire, Nine Mile Point, Palisades, Palo Verde, Perry, Indian Point, Fermi, Kewaunee, Catawba, Harris, Wolf Creek, Saint Lucie, Point Beach, Oyster Creek, Watts Bar, Hope Creek, Grand Gulf, Cooper, Sequoyah, Byron, Pilgrim, Arkansas Nuclear, Three Mile Island, Braidwood, Susquehanna, Summer, Prairie Island, Columbia, Seabrook, Brunswick, Surry, Limerick, North Anna, Turkey Point, River Bend, Vermont Yankee, Crystal River, Haddam Neck, Ginna, Diablo Canyon, Callaway, Vogtle, Waterford, Duane Arnold, Farley, Robinson, Clinton, South Texas, San Onofre, Cook, Comanche Peak, Yankee Rowe, Maine Yankee, Quad Cities, Humboldt Bay, La Crosse, Big Rock Point, Rancho Seco, Zion, Midland, Bellefonte, Fort Calhoun, FitzPatrick, McGuire, LaSalle, Fort Saint Vrain, Shoreham, Satsop, Trojan, Atlantic Nuclear Power Plant  Entergy icon.png
Issue date: 09/01/1992
From: Rossi C
Office of Nuclear Reactor Regulation
To:
References
IN-92-066, NUDOCS 9209010039
Download: ML031200381 (8)
v • d • e


II

UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF NUCLEAR REACTOR REGULATION

WASHINGTON, D.C. 20555 September 1, 1992 NRC INFORMATION NOTICE 92-66: ACCESS-DENIED TO NRC INSPECTORS AT FIVE STAR

PRODUCTS, INC. AND CONSTRUCTION PRODUCTS

RESEARCH, FAIRFIELD, CONNECTICUT

Addressees

All holders of operating licenses or construction permits for nuclear power

reactors and all recipients of NUREG-0040, "Licensee, Contractor and Vendor

Inspection Status Report" (White Book).

Purpose

The U.S. Nuclear Regulatory Commission (NRC) is issuing this information

notice to alert addressees to the NRC's concern that Five Star Products, Incorporated (Five Star), and its laboratory contractor, Construction Products

test

Research (CPR), denied NRC inspectors necessary access to the contracted

laboratory and test data for grout and concrete mix products. It is expected

that recipients will review this information and consider actions, as- are

appropriate. However, suggestions contained in this information notice is

not NRC requirements; therefore, no specific action or written response

required.

Description of Circumstances

On Tuesday, August 18, 1992, NRC inspectors arrived at the Five Star facility, located at Fairfield, Connecticut, to conduct an inspection pursuant to the

provisions of Section 21.41, "Inspection," of Title 10 of the Code of Federal

Regulations, Part 21 (10 CFR Part 21). The NRC promulgated 10 CFR Part 21 under the authority of Section 206 of the Energy Reorganization Act of 1974,

42 U.S.C. 5846, and Sections 161b and 161o of the Atomic Energy Act of 1954, as amended, (42 U.S.C. 2201(b) and 2201(o)). Section 21.41 authorizes NRC for

inspections of facilities supplying "basic components," or parts thereof, commercial nuclear power plants as that term is defined in 10 CFR Part 21.

Five Star supplies grout and concrete mix materials, tested at its facility by

CPR, to the commercial nuclear industry. Five Star certifies these materials

as being manufactured and controlled in accordance with the requirements of

Appendix B to 10 CFR Part 50.

2Ar

9209010039

_7DA\A)

ill

IN 92-66 September 1, 1992 On Tuesday, August 18, 1992, and Wednesday, August

19, 1992, the NRC

inspectors were denied access necessary for an

inspection of the CPR test

laboratory and test records on the Five Star premises.

19, 1992, Five Star managers told the NRC inspectors On Wednesday, August

that they would not be

allowed to continue the inspection as of the end

of the day even though the

NRC inspectors indicated that they had not completed

the inspection.

Discussion

The NRC conducted this inspection to determine

the extent to which Five Star

has supplied material or services to licensed nuclear

its quality assurance and testing programs, and plants, the adequacy of

the adequacy of its products.

Purchase orders reviewed during the limited inspection

licensees have purchased concrete products from indicated that

Five Star and are invoking the

requirements of Appendix B to 10 CFR Part 50 and

10 CFR Part 21 on the orders

to Five Star. The NRC learned that licensees

and licensee contractors

auditing Five Star who requested access to CPR's

test laboratory and test

records were denied necessary access to the test

laboratory and records.

During the limited inspection at Five Star, the

NRC inspectors found that not

all licensees purchasing from Five Star had performed

Five Star. In October, 1991, a member of the implementation audits of

Nuclear Utility Procurement

Issues Council (NUPIC) performed a NUPIC audit

and concluded that the Five

Star quality assurance program and its implementation

did not meet certain requirements of Appendix were unacceptable and

B to 10 CFR Part 50. However,

~thL-NRC-insp-ectors--determi-ned--that-some-l-fcensees-have-accepted

quality assurance program as meeting all applicable the-Five-Star~--

Appendix B requirements.

The NRC inspectors reviewed Five Star customer

purchase orders for the period

from 1988 to 1992 and determined that at least

seven licensees and one

licensee contractor issued purchase orders to Five

Star for grout and concrete

mix products and specified compliance to Appendix

B to 10 CFR Part 50 and 10

CFR Part 21. Purchasers may have accepted the

use of Five Star products upon

performing audits that did not include reviewing

the test laboratory and test

records. Therefore, the affected audits were not

quality of the Five Star products. adequate to determine the

The denial of access to NRC inspectors appears

to be a willful violation of

Section 21.41, which permits the NRC access to

Five Star's records, premises, activities, and basic components as necessary to

effect the purposes of this

part. Upon being denied access, the NRC could

not examine the extent and

adequacy of the products produced by Five Star

and therefore does not have

reasonable assurance that the products produced

are

safety-related applications in nuclear power plants. adequate for use in

Consequently, the NRC is

interested in receiving any information on tests

or instances of failure of

Five Star products.

I

IN 92-66 September 1, 1992 This information notice requires no specific action or written response. If

you have any questions about the information in this notice, please contact

one of the technical contacts listed below or the appropriate NRC Office of

Nuclear Reactor Regulation (NRR) project manager.

Charles E. Rossi, Director

Division of Operational Events Assessment

Office of Nuclear Reactor Regulation

Technical contacts: Robert Pettis, NRR

(301) 504-3214 Stewart Magruder, NRR

(301) 504-3220

Attachment: List of Recently Issued NRC Information Notices

Attachment

IN 92-66 September 1, 1992 Page I of I -

LIST OF RECENTLY ISSUED

NRC INFORMATION NOTICES

Information Date of

Notice No. Subject Issuance Issued to

92-65 Safety System Problems 09/03/92 All holders of OLs or CPs

Caused by Modifications for nuclear power reactors.

That Were Not Adequately

Reviewed and Tested

92-64 Nozzle Ring Settings 08/28/92 All holders of OLs or CPs

on Low Pressure Water- for nuclear power reactors.

Relief Valves

92-63 Cracked Insulators in 08/26/92 All holders of OLs or CPs

ASL Dry Type Transformers for nuclear power reactors.

Manufactured by Westing- house Electric Corporation

92-62 Emergency Response 08/24/92 All U.S. Nuclear Regulatory

Information Require- Commission licensees.

rents for Radioactive

Material Shipments

92-61 Loss of High Head 08/20/92 All holders of OLs or CPs

Safety Injection for nuclear power reactors.

92-60 Valve Stem Failure 08/20/92 All holders of OLs or CPs

Caused by Embrittlement for pressurized water

reactors (PWRs).

92-59 Horizontally-installed 08/18/92 All holders of OLs or CPs

Motor-Operated Gate for nuclear power reactors

Valves

92-58 Uranium Hexafluoride 08/12/92 All Fuel Cycle Licensees.

Cylinders - Deviations

in Coupling Welds

92-57 Radial Cracking of 08/11/92 All holders of OLs or CPs

Shroud Support Access for boiling water reactors

Hole Cover Welds (BWRs).

92-56 Counterfeit Valves in 08/06/92 All holders of OLs or CPs

the Commercial Grade for nuclear power reactors.

Supply System

OL - Operating License

CP - Construction Permit

IN 92-66 September 1, 1992 This information notice requires no specific action or written response. If

you have any questions about the information in this notice, please contact

one of the technical contacts listed below or the appropriate NRC Office of

Nuclear Reactor Regulation (NRR) project manager.

Original Signed by

Charles E. Rossi

Charles E. Rossi, Director

Division of Operational Events Assessment

Office of Nuclear Reactor Regulation

Technical contacts: Robert Pettis, NRR

(301) 504-3214 Stewart Magruder, NRR

(301) 504-3220

Attachment: List of Recently Issued NRC Information Notices

Document Name: 92-66.IN

  • See Previous Concurrence

+ Per discussion between CERossi & JLieberman

OFFICE VIB/DRIS VIB/DRIS VIB/DRIS EDITOR DRIS/NRR DI

NAME SMagruder GCwalina LNorrholm JMain BGrimes RFortuna

DATE 8/24/92* 8/24/92* 8/24/92* 8/24/92* 8/25/92* 8/24/92*

OGC OGCB:DOEA OGCB:DOEA D t IR:OE

GLongo JJPetrosino GHMarcus fE ieberman

8/25/92* 08/26/92* 08/26/92* 0- /92086/92+

'-) IN 92-XX

August XX, 1992 Page 3 o 3 This information notice requires no specific action or written r sponse. If

you have any questions about the information in this notice, p ease contact

one of the technical contacts listed below or the appropriat NRC Office of

Nuclear Reactor Regulation (NRR) project manager.

Charles E. Ross/, Director

Division of 0 rational Events Assessment

Office of Nu ear Reactor Regulation

Technical contacts: Robert Pettis, NRR

(301) 504-3214 Stewart Magruder, N

(301) 504-3220

Attachment: List of Recently Issued C Information Notices

  • See Previous Concurrence

+ Per discussion between CERossi & JLieberman

OFFICE VIB/DRIS VIBjDRIS VIB/DRIS EDITOR DRIS/NRR OI

NAME SMagruder GCwalina LNorrholm JMain BGrimes RFortuna

DATE 8/24/92* 8/24/92* 8/24/92* 8/24/92* 8/25/92* 8/24/92*

OGC OGCB A OGCB:DOEA DIR:DOEA DIR:OE

GLongo JJPe 0o GHMarcus CERossi JLieberman

8/25/92* 0 08/26/92* 08/ /92 08/26/92+

IN 92-XX

August XX, 1992 reasonable assurance that the products produced are adequate for use in

safety-related applications in nuclear power plants. Consequently, the NRC is

interested in receiving any information on tests or i stances of failure of

Five Star products.

This information notice requires no specific ac on or written response. If

you have any questions about the information i this notice, please contact

one of the technical contacts listed below or/the appropriate NRC Office of

Nuclear Reactor Regulation (NRR) project mai ger.

,harles E. Rossi, Director

Division of Operational Events Assessment

Office of Nuclear Reactor Regulation

Technical contacts: Robert 4RR

(301) !

Stewa/t Magrudei-, NRR

(301)! 504-3220

Attachment: List of Re ent NRC Information Notices

  • See Previous Concurrence

+ Per discussion between CERossi & JLieberman

OFFICE VIB/DRIS VIB/DRIS VIB/DRIS EDITOR DRIS/NRR 0I

NAME SMagruder GCwal ina LNorrholm JMain BGrimes RFortuna

DATE 8/24/92* 8/24/92* 8/24/92* 8/24/92* 8/25/92* 8/24/92*

OGC OGCB:DOEA DIR:DOEA DIR:OE

GLongo GHMarcus Mo CERossi JLieberman

8/25/92* 08/2"/92 08/ /92 08/26/92+

K>

If you have any questions about the information in this notice, please contact

one of the technical contacts listed below or the appropriate Office of

Nuclear Reactor Regulation (NRR) project manager.

Charles E. Rossi, Di t

Division of Operati 1 Events Assessment

Office of Nuclear actor Regulation

Technical contacts:

Rtobert Pettis, NRR

301) 504-3214

Stewart Magruder, NRR

301) 504-3220

  • See previous concurrence

C)ISTRIBUTION:

IIB R/F GCwalina OGCB CRossi

EIRIS R/F

Magruder

LNorrholm

BGrimes

0I

OGC

/ gaf OI

CIFFICE VIB/DRIS VIB/DRIS VIB/DRIS EDITOR R I

1AME SMagruder GCwalina LNorrholm Jeff 1 es

)ATE 8/24/92* 8j24/92* 8/24/92* 8/24/92* 8/5/ 92 8/24/92*

OGC OGCB o:O.rA

o&e-6

8/25/92* 8/ /92 / A 4

4

performed implementation audits of Five Star. A Nuclear Utility Procurement Issues Council

(NUPIC) member audit performed in October, 1991, concluded that the Five Star quality

assurance program and its implementation was unacceptable and did not meet certain

requirements of Appendix B to 10 CFR Part 50. However, the NRC inspectors determined that

some licensees have accepted the Five Star quality assurance program as meeting all

applicable Appendix B requirements. Five Star customer purchase orders for the period

between 1988 and the present were reviewed by the NRC inspectors. From this review, it was

determined that at least 7 licensees and one licensee contractor issued purchase orders to

Five Star for grout and concrete mix products and specified compliance to Appendix B to 10 CFR Part 50 and 10 CFR Part 21. Purchasers may have accepted the use of Five Star products

without review of the test laboratory and test records. Therefore the affected audits may

be inadequate, and the acceptability of Five Star products indeterminate.

The denial of access to NRC inspectors appears to be a willful violation of Section 21.41, which permits NRC access to Five Star's records, premises, activities, and basic components

as necessary to effectuate the purposes of this part. Because of the denied access, the NRC

was unable to examine the extent and adequacy of the products produced by Five Star and

therefore does not have reasonable assurance that the products produced are adequate for use

in safety-related applications innuclear power plants.

The NRC is interested in receiving any information with respect to tests or instances of

failure of Five Star products. However, suggestions contained in this information notice

are not NRC requirements; therefore, no specific action or written response is required.

Ifyou have any questions about the information inthis notice, please contact one of the

technical contacts listed below or the appropriate Office of Nuclear Reactor Regulation

(NRR) project manager.

Charles E. Rossi, Director

Division of Operational Events Assessment

Office of Nuclear Reactor Regulation

Technical contacts:

Robert Pettis, NRR

(301) 504-3214

Stewart Magruder, NRR

(301) 504-3220

DISTRIBUTION:

VIB R/F GCwalina 0I CRossi

DRIS R/F LNorrholm OGC

SMagruder BGrimes OGCB

OFFICE VIB/I VIBkli VIB 2f Editor DRIS/NRR OI LvG

NAME SMag I* G(A ina e.-LN'riiolm Jeff BGrimes

DATE 08/aLy92 08g2I/9] 08/2- 92 08/ /92 08/ /92 08/l//92

\Nq (W k-ci OGCB

08/ /92


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