ML20083H938

Responds to Jj Cummings 830824 Ltr Re Alleged Violations by Bahnson Co Employees.Criminal Prosecution Declined Due to Inability to Prove Criminal Intent

ML20083H938
Person / Time
Site:	05000000, Shoreham
Issue date:	10/18/1983
From:	Lippe L JUSTICE, DEPT. OF
To:	Hayes B NRC OFFICE OF INVESTIGATIONS (OI)
Shared Package
ML19292B837	List: ML20083H938
References
NUDOCS 8401090577
Download: ML20083H938 (1)

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US. Departnwr.1 of Justice 4

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• O CT 181983 -

Mr. Ben B. Hayes , ,

Director, Office of Inspections U.S. Nuclear Begulatory Commission Washington, DC 20555 Ret Bahnson Company Deer Mr. Hayes:

Ee'e.rence is made to Mr. James J. Cu.v.ines lotter of August s4, 1983, concerning possible violations of 18 U.S.C.

5 1001 by employees of the Bahnson Company of Winston-Salem, North Carolha.

We have concluded our review of the investigative files and have consulted with Mr. James Y. Vorse of your agency conce..ning the alleged violations. On t.he basis of this review we have decided to decline criminal prosecution in this case. This decision is based on a. number of f actors ,

host significant of which is t.he significant practical difficulty in ' proving the requisite criminal intent in the circ = stances of this case. The docuy.ents involved were of ten labeled as reconstructions, and both C"'I-Nuclear and IEASCO were apparently aware of the inadequate foundation on i vnich they were based. Moreover, since the recenstructions v,=re apparer.tly based on a variety of sources, including- old r.o es by inspec crs , old reports , and verbal inf or .atien fr-- it. specters, it veuld be dif ficult to es:Eblish the ,

f airity cf specific representaticns.

'.*our concern in f orwarding this .ma tter to ur is appreciated.

Sincerely,' -

LAWRO?CE LIPPE, Chief C-eneral Litigatien and m Lecal Advice Secticn XA Copy Has Been Sent to PDR Criminal 01vtston Py:

A -WI LLII.". C . BROWN

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October 19, 1983 4

The Bahnson Company' ,

ATTN: J. Thomas Brown, President -

P. C. Box 10458 Winston-Salem, NC 27108 '

Gentlemen: ,

l The Nuclear Regulatory Comission (NRC) has continuing concerns regarding' the  ;

adequacy of safety-related heating, ventilating and air conditioning (HVAC) units supplied by your company for installation in nuclear power plants. During an inspection at your Winston-Salem, North Carolina facility on September 7-10, 1982, it was found that the implementation of your QA program failed to meet certain NRC requirements. The specific findings and references to the pertinent '

requirements were identified in our letter to you of Novemoer 18, 1982. The NRC remains concerned that quality problems may be associated with HVAC equipment provided by your company to nuclear facilities.

Consequently, please provide me with a complete list of nuclear facilities for which you have provided equipment and the dates when such equipment was supplied.

Also, identify in each instance the nature of the equipment supplied and whether

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the equipment ~ was shop or field fabricated. To assist NRC in resolving its con'-

cerns expeditiously, please provide your response to me by November 30, 1983.

If you have any questions, please contact Steven D. Richardson, 301-492-9612, of my office.

Your cooperation in this matter would be appreciated. If, however, for any reason you elect not to provide the requested information, please contact my office immediately so that we may take more formal action in this matter.

Sincerely, Orisite1 sir:;:d by:

JWctrard C. DeYoung, Di rector Office of. Inspection and Enforcement DISTRIBUTION:

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. 11-18-83 United States Nuclear Regulatory Commission Washington,DC 20555 Att : Richard C. DeYoung, Director Office of Inspection and Enforcement

Subject:

Letter from R.C. DeYoung to J.T. Brown, dated Oct. 19,1983

Dear Mr. DeYoung:

Tour letter of October 19, 1983 requested The Echhsen Company to send you a li t of HVAC cnits we have supplied t e. nucleer power plants, their type, and the date shipped. John Canup, Bahnson QA Manager, contacted Mr. Steven D. Richardson, of your office, to verify the scope of the records you requested. At 'tha t ti=w, Mr. Richardson . stated you were interested in a list of Nuclear s Saftey Related units supplied by The Bahnson Co=pany to-nuclear pcver plants,..to close out the 1982 audit referenced in your_

letter. -

A::achsen: "A" is a list of~these power plants, the nu ber and .

ype cf units, and the dates these units were shipped. All of these uni:s were built in the Winston-Salet,NC facility of Eahnson, e;x e c p t the tventy-one (21) units s u p plit-d to the Cc:anche Peak Stea= Electric Station. These ur.'i- s were zanu f a t:d'r e d by Eahnsen Service Company, s' ~ s uic i i a r y cf ~he

?sF str Cc:pary, which has a febricat:er sh c p c.. :he Cc:anche l ?eak Site.

Ve trus: this infer =ation vill help in resciv nr ycur centerns aict: EVAC equip:ent =anufactured by The Zahnser Cc:pany. If you have cny futher cuestions er co= cents ..pleasc ecvise.

Very truly ycurs, The Earnser. Ccupany

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.. President e.n d General Manager  !

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} Ag ,mt A i PAGE NO. 00001 11/15/83 HVAC EQUIPMENT SUPPLIED BY BAHNSON .

F0VER F1. ANT QTY / TYPE OF UNIT SHIPPED BErw'EDi Shorehz= Nuclear Power Plant 4 Air Handling Units Sept. '75 and May '76 W - er Nuclear Po er Plant 36 Air Handling Units May '76a$d 1977 Velf Creek Generation Station 4 Air Handli 0 Units Oct. '79 and Nov. '79 i Callaway Nuclear' Plant 4 Air Handling Units Oct. '79 and Nov'. '79

! VP?SS Units 1 & 4 24 Evaporative Air Coolers 1977 and 1978

. leSalle County Statien 12 Coil Cabnets 1977 and 1977

• Y. C. Su:$er Nuclear Station 21 Air Handling Units 1977 and 1978 Sharrot Harris Nuclear Station 47 Air Handling Units Jhly '79 and Nov 'S3 i

Cau-ba Nucicar Station 2 Air Handling Units Dec. '78 and Dec. '76

/ Oconee . 1 Air Handling Unit Aug. 'El and Sept.'81 l

Ti A. Yellev Creek 14 Charec1 Adsorbtion Units Mar. '82 and Mar. '82

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Maanshan S Charcel Adscrbtion Units Feb. '82 and May '82 VPPSS 12 Charcel Adschbtion Units.. Aug. 'S1 and Mar. 'S3 l

Fale Ve-de 6 Charcel Adscrbtio:: UEts Sept.'81 and Dec. '51 CFlJ. 6 Charcel Adscrbtion Unir.s July 'S2 and Aug. '82 I v. - ,. t 10 ).ir Handling Units Jan. '82 and Dec '82 C:n..u;ch t Fuk 21 Air Hr.ndling Tnita 1979 and 1981 i

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