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

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
Issue date:	09/01/1992
From:	Rossi C Office of Nuclear Reactor Regulation
To:
References
IN-92-066, NUDOCS 9209010039
Download: ML031200381 (8)

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.

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9209010039

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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