ML20210L062

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Forwards Indictment Re Case in IE Info Notice 85-097,per Request.Related Info Encl
ML20210L062
Person / Time
Issue date: 02/11/1986
From: Stephen Burns
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To: Trevinson S
SHAW, PITTMAN, POTTS & TROWBRIDGE
Shared Package
ML20210L042 List:
References
FOIA-86-188 IEIN-85-097, IEIN-85-97, NUDOCS 8604290165
Download: ML20210L062 (5)


Text

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[%, UNETE3 STATE.S 4 . 8 NUCLEAR REGULATORY CCNMISSION s wasumarow,o.c. mosss 6 *

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4.,.: .v.I. t. i February 11, 1986 Ms. Susan Trevinson Shaw, Pittman, Potts & Trowbridge 1800 M Street, N.W. Washington, D. C. 20036

Dear Ms. Trevinson:

Enclosed is a copy which you requested of i '

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, g g. . .-gg the indictment from our files in the case . ..

                                                                                                                 .s:MM1%A& w mentioned in IE Information Notice 85-97.

I s, /s/ p Stephen G. Burns, Att'orney Regional Operations and Enforcement .?,-. .s^ Division N { Office of Executive Legal Director

Enclosure:

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r- IN THE UNITED STATES DISTRICT COURT f t FOR THE DISTRICT OF NEW HAMPSHIRE k United States of Arcerica -

v. Cr. Noa (18 U.S.C. $ 1001) -

James Vincent Padavano l +

     .                        The, Grand Jury charges:

i On or about the dates set forth in the Counts of this I indictment- listed below and all : occurring within the District of New-Hampshire and all in matters within the jurisdict[ ion of -the s.

                            ~ Nuclea'r Regulatory Commission, an . Agency of the United States, I

JAMES VINCENT PADAVANO, did willfully and knowingly make and use f alse writings and documents containing materia 11y' false,.ficti-j 1 -{, tious and. fraudulent statertents, kriowing the same to contain such I 1, st'atemen[ts,.in that the defendant caused to be submitted.to the Pal 1 man Higgins Company, a subcontractor at the Seabr'ok Nuclear o Power Station, completed Reports of I,iquid. Penetrant Examinations I allegedly performed by the defendant on certain welds of piping systems in Seabrook Station when, as the defendant then and there 1 '; well knew,.the Liquid Penetrant Examinations reflected in said reports.had not been performed. I Count Field. Weld ~Datesof Mumber Number Report 1 FW 4 6 00 - 1406 3-15  ! 1 e 2 I'W 4600 - 1407- 3 8.5 - I l.- . l

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   !! 4-Count                Field' Weld                            Date of Nur.be r                   Ntr.ber                            Report
           .                             3               FW 4601    -

1102 - 3-3-83

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4 FW 4601 1103i

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5 FW 4601 - 1106 3-3-83' 6 SW 1803,- 0202 2-17-83 7 SW 1803 - 0,203 3-3-83 8 RC 801. - 0101; 7-30-82: . 9 CS 4654 - 01.01- 10-23-82 . t 10 NG 1656 - 0106 2-28-83: 11 DG 44119 - 0307 1-T7-83: All in violation of Title.18, 3 United : States : Code; Section 5-

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   . .                                                                                A True Bill,             .

p, .3

                                                                                     /s/ John N. Jameson.

Foretcar. .

                               '/s/ Bruce E. Kenna Bruce E. Kenna United States -Attorney
                               /s/ Richard F. Johnston                                 -

Richard F. Johnston l Assistant U.S. Attorney.  ! I l

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                                               -. ucy r m            . on Jusuce United States Attorney District of New )fampshire federal BuslJump  .s   1 ~ ~.   '!. E '       603 ::!.!!!:

Concord. hew Hampshire 03301

                                                                             .[ C September 30, 1985 k                         6 PRESS RELEASE RE:   James Vincent Padovano United States Attorney Richard V. Wiebusch announced today that  James V. Padovano, age 31, of 525 Longbeard Street, Waukesha, Wisconsin, was sentenced to six months imprisonment and three years probation in connection with his plea of guilt to two counts of an indictment charging that he filed false statements                                               '

in a matter within the jurisdiction of the Nuclear Regula, tory Commission, an agency of the United States. Padovano also received a second six-month prison term to be served consecutively to the first term, execution of which was suspended. Padovano had been indicted in June 1985 and pied guilty to two counts of the indictment on August 20, 1985. Padovano had been employed by the Pullman Higgins Company as a nondestructive examination technician at the Seabrook Nuclear Power Station between February 1982 and April 1983. Pullman Higgins Company runs the quality assurance program at the plant and performs safety and nonsafety related testing of welds on the various piping systems within the plant. The tests are designed , to detect surface and subsurface defects in the welds. Reports of the tests performed on these welds are required to be i l

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        .          r maintained for-review by the Nuclear Regulato'ry Commission to insure that adequate safety standards are met during all phases of plant construction. It was alleged in the indictment that Padovano failed to complete a number of " Liquid Penetrant Examinations" of the welds he was assigned to test and thereafter falsified reports indicating he had completed the examinations.

In April 1983, the Company performed a review and analysis of all of the " Liquid Penetrant" and " Magnetic Particle" testing conducted by Padovano during his employment. This re-examination entailed 2,399 separate welds. An engineering analysis and actual retesting of these welds revealed 94 had rejectable indications. More than half of these welds were cl'assified as safety related; i.e., they were on critical systems within the plant. All of these welds have been repaired or redone. The results of this review were in turn reported to the Nuclea~r. Regulatory Commission and evaluated by them. The Nuclear Regulatory Commission has closed its investigation of the matter. The criminal investigation of this matter was conducted by the Federal Bureau of Investigation upon referral from the Office of Investigations of the National Regulatory Commission. Prosecution of the case was handled by AUSA Richard F. Johnston. United States Attorney Richard v. Wiebusch stated that this is the first conviction arising from a Nuclear Regulatory Commission investigation to result in a penalty of imprisonment.

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