Nuclear Liability - Supplying construction materials - ASME under NCA 3800

[thbohnsack]

Hi,

Has anyone had any experinence with dealing with liability to/of supplying construction materials to be used in the fabrication of nuclear facilities? Any dealings with the NRC?

Any idea where I could look.

thank you,

[Steve Prevette]

Are you talking US Department of Energy nuclear facilities (such as Hanford) or are you talking commercial nuclear power?

[SteelMaiden]

Can you provide a little more information about what you are looking for? There is an NQA-1 standard from ASME?

[thbohnsack]

Hi there,

We would be supplying raw materials as A Quality System Certificate holder as defined and approved by ASME under NCA 3800. I am interested in discussing what the liability, if any, would be to us. We would be supplying raw materials to manufactures and fabricators in the nuclear arena who would be supplying product to either repair, new construction, or possibly remediation.

I think the biggest concern I can forsee is mixing grades, sending a lesser alloy by mistake. Assuming no malicious intent to cover up or hide the fact that we knew - what can an honest mistake do to us? Is there anywhere to find any information.

thanks,

[Steve Prevette]

Such an error might fall under the Price Anderson Amendment Act for liability both to the persons involved individually (yes, an individual can go to jail under PAAA) and to the corporation. http://www.io.bnl.gov/paaa.htm

[Daryl Montie]

One of the documents you should review is 10 CFR Part 21 which provides information for the reporting of nonconformances to the NRC.

Unfortunately, even with the oversight and inspections of the the nuclear industry, "honest mistakes" do happen. I have never heard of anyone ever punished criminally for these... Doing so would provide a incentive for secrecy to avoid penalty when the most important aspect is to correct the nonconformance and ensure safety. (Intentional cover up and willful neglect are completely different issues and can be potentially criminal.)

Now the question of civil liability... oh yes, and potentially lots and lots of it. Not only for the material provided, but for subsequent fabrication costs, installation, delays caused to other contracts, etc. What if the plant had to shut down because of deficient material in a critical application? The plant is going to want to come after someone/everyone?

This is the point where you stop listening to bloggers and start talking with insurance companies (and/or lawyers)...specifically the ones that deal with the nuclear industry. The insurance companies are very knowledgable about the specifics of each application for the material and they will ask the right questions to give you the answers to liability issues (i.e. $$$$) that you need.

Hope this helps...

[Hemi999]

Originally Posted by Daryl Montie

One of the documents you should review is 10 CFR Part 21 which provides information for the reporting of nonconformances to the NRC.

Unfortunately, even with the oversight and inspections of the the nuclear industry, "honest mistakes" do happen. I have never heard of anyone ever punished criminally for these... Doing so would provide a incentive for secrecy to avoid penalty when the most important aspect is to correct the nonconformance and ensure safety. (Intentional cover up and willful neglect are completely different issues and can be potentially criminal.)

Now the question of civil liability... oh yes, and potentially lots and lots of it. Not only for the material provided, but for subsequent fabrication costs, installation, delays caused to other contracts, etc. What if the plant had to shut down because of deficient material in a critical application? The plant is going to want to come after someone/everyone?

This is the point where you stop listening to bloggers and start talking with insurance companies (and/or lawyers)...specifically the ones that deal with the nuclear industry. The insurance companies are very knowledgable about the specifics of each application for the material and they will ask the right questions to give you the answers to liability issues (i.e. $$$$) that you need.

Hope this helps...

I agree with Daryl, My friend, what you yave to remember is that the material you are selling is still meeting the commercial requirements of the specifications. This is a very interesting situation. The original manufacture is still responsible for compliance to the ASME/ASTM requirements, you on the otherhand make sure it meets the programatic requirements for the nuclear industry.