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
Revision:	0
From:	Rossi C E Office of Nuclear Reactor Regulation
To:
References
IN-92-066, NUDOCS 9209010039
Download: ML031200381 (8)

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

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).

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.

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)

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

Attachment:

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

Attachment:

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:

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+

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:

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