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 =  
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| page count = 8
| page count = 8
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{{#Wiki_filter:IIUNITED STATESNUCLEAR REGULATORY COMMISSIONOFFICE OF NUCLEAR REACTOR REGULATIONWASHINGTON, D.C. 20555September 1, 1992NRC INFORMATION NOTICE 92-66: ACCESS-DENIED TO NRC INSPECTORS AT FIVE STARPRODUCTS, INC. AND CONSTRUCTION PRODUCTSRESEARCH, FAIRFIELD, CONNECTICUT
{{#Wiki_filter: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==
==Addressees==
All holders of operating licenses or construction permits for nuclear powerreactors and all recipients of NUREG-0040, "Licensee, Contractor and VendorInspection Status Report" (White Book).
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==
==Purpose==
The U.S. Nuclear Regulatory Commission (NRC) is issuing this informationnotice to alert addressees to the NRC's concern that Five Star Products,Incorporated (Five Star), and its laboratory contractor, Construction ProductsResearch (CPR), denied NRC inspectors necessary access to the contracted testlaboratory and test data for grout and concrete mix products. It is expectedthat recipients will review this information and consider actions, as-appropriate. However, suggestions contained in this information notice arenot NRC requirements; therefore, no specific action or written response isrequired.
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==
==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 theprovisions of Section 21.41, "Inspection," of Title 10 of the Code of FederalRegulations, Part 21 (10 CFR Part 21). The NRC promulgated 10 CFR Part 21under 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 NRCinspections of facilities supplying "basic components," or parts thereof, forcommercial 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 byCPR, to the commercial nuclear industry. Five Star certifies these materialsas being manufactured and controlled in accordance with the requirements ofAppendix B to 10 CFR Part 50.2Ar9209010039_7DA\A)
On Tuesday, August 18, 1992, NRC inspectors arrived at the Five Star facility, located at Fairfield, Connecticut, to conduct an inspection pursuant to the
illIN 92-66September 1, 1992 On Tuesday, August 18, 1992, and Wednesday, August 19, 1992, the NRCinspectors were denied access necessary for an inspection of the CPR testlaboratory and test records on the Five Star premises. On Wednesday, August19, 1992, Five Star managers told the NRC inspectors that they would not beallowed to continue the inspection as of the end of the day even though theNRC inspectors indicated that they had not completed the inspection.DiscussionThe NRC conducted this inspection to determine the extent to which Five Starhas supplied material or services to licensed nuclear plants, the adequacy ofits quality assurance and testing programs, and the adequacy of its products.Purchase orders reviewed during the limited inspection indicated thatlicensees have purchased concrete products from Five Star and are invoking therequirements of Appendix B to 10 CFR Part 50 and 10 CFR Part 21 on the ordersto Five Star. The NRC learned that licensees and licensee contractorsauditing Five Star who requested access to CPR's test laboratory and testrecords were denied necessary access to the test laboratory and records.During the limited inspection at Five Star, the NRC inspectors found that notall licensees purchasing from Five Star had performed implementation audits ofFive Star. In October, 1991, a member of the Nuclear Utility ProcurementIssues Council (NUPIC) performed a NUPIC audit and concluded that the FiveStar quality assurance program and its implementation were unacceptable anddid not meet certain requirements of Appendix B to 10 CFR Part 50. However,~thL-NRC-insp-ectors--determi-ned--that-some-l-fcensees-have-accepted the-Five-Star~- -quality assurance program as meeting all applicable Appendix B requirements.The NRC inspectors reviewed Five Star customer purchase orders for the periodfrom 1988 to 1992 and determined that at least seven licensees and onelicensee contractor issued purchase orders to Five Star for grout and concretemix products and specified compliance to Appendix B to 10 CFR Part 50 and 10CFR Part 21. Purchasers may have accepted the use of Five Star products uponperforming audits that did not include reviewing the test laboratory and testrecords. Therefore, the affected audits were not adequate to determine thequality of the Five Star products.The denial of access to NRC inspectors appears to be a willful violation ofSection 21.41, which permits the NRC access to Five Star's records, premises,activities, and basic components as necessary to effect the purposes of thispart. Upon being denied access, the NRC could not examine the extent andadequacy of the products produced by Five Star and therefore does not havereasonable assurance that the products produced are adequate for use insafety-related applications in nuclear power plants. Consequently, the NRC isinterested in receiving any information on tests or instances of failure ofFive Star product IIN 92-66September 1, 992This information notice requires no specific action or written response. Ifyou have any questions about the information in this notice, please contactone of the technical contacts listed below or the appropriate NRC Office ofNuclear Reactor Regulation (NRR) project manager.Charles E. Rossi, DirectorDivision of Operational Events AssessmentOffice of Nuclear Reactor RegulationTechnical contacts:Robert Pettis, NRR(301) 504-3214Stewart Magruder, NRR(301) 504-3220
 
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


===Attachment:===
===SMagruder BGrimes      OGCB===
List of Recently Issued NRC Information NoticesAttachmentIN 92-66September 1, 1992Page I of I -LIST OF RECENTLY ISSUEDNRC INFORMATION NOTICESInformation Date ofNotice No. Subject Issuance Issued to92-65 Safety System Problems 09/03/92 All holders of OLs or CPsCaused by Modifications for nuclear power reactors.That Were Not AdequatelyReviewed and Tested92-64 Nozzle Ring Settings 08/28/92 All holders of OLs or CPson Low Pressure Water- for nuclear power reactors.Relief Valves92-63 Cracked Insulators in 08/26/92 All holders of OLs or CPsASL Dry Type Transformers for nuclear power reactors.Manufactured by Westing-house Electric Corporation92-62 Emergency Response 08/24/92 All U.S. Nuclear RegulatoryInformation Require- Commission licensees.rents for RadioactiveMaterial Shipments92-61 Loss of High Head 08/20/92 All holders of OLs or CPsSafety Injection for nuclear power reactors.92-60 Valve Stem Failure 08/20/92 All holders of OLs or CPsCaused by Embrittlement for pressurized waterreactors (PWRs).92-59 Horizontally-installed 08/18/92 All holders of OLs or CPsMotor-Operated Gate for nuclear power reactorsValves92-58 Uranium Hexafluoride 08/12/92 All Fuel Cycle Licensees.Cylinders -Deviationsin Coupling Welds92-57 Radial Cracking of 08/11/92 All holders of OLs or CPsShroud Support Access for boiling water reactorsHole Cover Welds (BWRs).92-56 Counterfeit Valves in 08/06/92 All holders of OLs or CPsthe Commercial Grade for nuclear power reactors.Supply SystemOL -Operating LicenseCP -Construction Permit IN 92-66September 1, 992This information notice requires no specific action or written response. Ifyou have any questions about the information in this notice, please contactone of the technical contacts listed below or the appropriate NRC Office ofNuclear Reactor Regulation (NRR) project manager.Original Signed byCharles E. RossiCharles E. Rossi, DirectorDivision of Operational Events AssessmentOffice of Nuclear Reactor RegulationTechnical contacts:Robert Pettis, NRR(301) 504-3214Stewart Magruder, NRR(301) 504-3220
OFFICE    VIB/I     VIBkli      VIB 2f    Editor    DRIS/NRR OI LvG


===Attachment:===
NAME      SMag I* G(A ina e.-LN'riiolm    Jeff          BGrimes
List of Recently Issued NRC Information NoticesDocument Name: 92-66.IN* See Previous Concurrence+ Per discussion between CERossi & JLiebermanOFFICENAMEDATEVIB/DRISSMagruder8/24/92*VIB/DRISGCwalina8/24/92*VIB/DRISLNorrholm8/24/92*EDITORJMain8/24/92*DRIS/NRRBGrimes8/25/92*DIRFortuna8/24/92*OGCGLongo8/25/92*OGCB:DOEAJJPetrosino08/26/92*OGCB:DOEAGHMarcus08/26/92*D t IR:OEfE ieberman0- /92 086/92+
'-) IN 92-XXAugust XX, 1992Page 3 o 3This information notice requires no specific action or written r sponse. Ifyou have any questions about the information in this notice, p ease contactone of the technical contacts listed below or the appropriat NRC Office ofNuclear Reactor Regulation (NRR) project manager.Charles E. Ross/, DirectorDivision of 0 rational Events AssessmentOffice of Nu ear Reactor RegulationTechnical contacts: Robert Pettis, NRR(301) 504-3214Stewart Magruder, N(301) 504-3220


===Attachment:===
DATE      08/aLy92 08g2I/9] 08/2- 92       08/ /92 08/ /92         08/l//92
List of Recently Issued C Information Notices* See Previous Concurrence+ Per discussion between CERossi & JLiebermanOFFICE VIB/DRIS VIBjDRIS VIB/DRIS EDITOR DRIS/NRR OINAME SMagruder GCwalina LNorrholm JMain BGrimes RFortunaDATE 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:OEGLongo JJ Pe 0o GHMarcus CERossi JLieberman8/25/92* 0 08/26/92* 08/ /92 08/26/92+
    \Nq (W k-ci          OGCB
IN 92-XXAugust XX, 1992 reasonable assurance that the products produced are adequate for use insafety-related applications in nuclear power plants. Consequently, the NRC isinterested in receiving any information on tests or i stances of failure ofFive Star products.This information notice requires no specific ac on or written response. Ifyou have any questions about the information i this notice, please contactone of the technical contacts listed below or/the appropriate NRC Office ofNuclear Reactor Regulation (NRR) project mai ger.,harles E. Rossi, DirectorDivision of Operational Events AssessmentOffice of Nuclear Reactor Regulation4RR-, NRRNRC Information NoticesTechnical contacts: Robert(301) !Stewa/(301)!


===Attachment:===
08/ /92}}
List of Re entt Magrudei504-3220* See Previous Concurrence+ Per discussion between CERossi & JLiebermanOFFICENAMEDATEVIB/DRISSMagruder8/24/92*VIB/DRISGCwal ina8/24/92*VIB/DRISLNorrholm8/24/92*EDITORJMain8/24/92*DRIS/NRRBGrimes8/25/92*0IRFortuna8/24/92*OGCGLongo8/25/92*OGCB:DOEA DIR:DOEAGHMarcus Mo CERossi08/2"/92 08/ /92DIR:OEJLieberman08/26/92+
K>If you have any questions about the information in this notice, please contactone of the technical contacts listed below or the appropriate Office ofNuclear Reactor Regulation (NRR) project manager.TRSCECharles E. Rossi, Di tDivision of Operati 1 Events AssessmentOffice of Nuclear actor Regulationechnical contacts:tobert Pettis, NRR301) 504-3214tewart Magruder, NRR301) 504-3220*See previous concurrence)ISTRIBUTION:IIB R/F GCwalina OGCB CRossiIRIS R/F LNorrholm 0I;Magruder BGrimes OGC/ gaf OIIFFICE VIB/DRIS VIB/DRIS VIB/DRIS EDITOR R I1AME 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&e-6 ; o: O.rA8/25/92* 8/ /92 / A 4C4 performed implementation audits of Five Star. A Nuclear Utility Procurement Issues Council(NUPIC) member audit performed in October, 1991, concluded that the Five Star qualityassurance program and its implementation was unacceptable and did not meet certainrequirements of Appendix B to 10 CFR Part 50. However, the NRC inspectors determined thatsome licensees have accepted the Five Star quality assurance program as meeting allapplicable Appendix B requirements. Five Star customer purchase orders for the periodbetween 1988 and the present were reviewed by the NRC inspectors. From this review, it wasdetermined that at least 7 licensees and one licensee contractor issued purchase orders toFive Star for grout and concrete mix products and specified compliance to Appendix B to 10CFR Part 50 and 10 CFR Part 21. Purchasers may have accepted the use of Five Star productswithout review of the test laboratory and test records. Therefore the affected audits maybe 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 componentsas necessary to effectuate the purposes of this part. Because of the denied access, the NRCwas unable to examine the extent and adequacy of the products produced by Five Star andtherefore does not have reasonable assurance that the products produced are adequate for usein safety-related applications in nuclear power plants.The NRC is interested in receiving any information with respect to tests or instances offailure of Five Star products. However, suggestions contained in this information noticeare not NRC requirements; therefore, no specific action or written response is required.If you have any questions about the information in this notice, please contact one of thetechnical contacts listed below or the appropriate Office of Nuclear Reactor Regulation(NRR) project manager.Charles E. Rossi, DirectorDivision of Operational Events AssessmentOffice of Nuclear Reactor RegulationTechnical contacts:Robert Pettis, NRR(301) 504-3214Stewart Magruder, NRR(301) 504-3220DISTRIBUTION:VIB R/F GCwalina 0I CRossiDRIS R/F LNorrholm OGCSMagruder BGrimes OGCBOFFICE VIB/I VIBkli VIB 2f Editor DRIS/NRR OI LvGNAME SMag I* G(A ina e.-LN'riiolm Jeff BGrimesDATE 08/aLy92 08g2I/9] 08/2- 92 08/ /92 08/ /92 08/l//92\Nq (W k- ci OGCB08/ /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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