ML070320141
| ML070320141 | |
| Person / Time | |
|---|---|
| Site: | Salem  |
| Issue date: | 01/25/2007 |
| From: | Fricker C Public Service Enterprise Group |
| To: | Hastry M Office of Nuclear Reactor Regulation, State of NJ, Dept of Environmental Protection |
| References | |
| NEA070001, NJ0077070811, NJDEP 05-04-08-1909-09, SCH07-009 | |
| Download: ML070320141 (6) | |
Text
PSEG Nuclear LLC P.O. Box 236, Hancock Bridge, NJ 08038-0236 0 PSEG Nuclear LLC AN. 2 5 2007 SCH07-009 Certified Mail Return Receipt Requested Article Number: 7004 2510 0005 2135 3143 Mr. Michael R. Hastry Chief - Bureau of Hazardous Waste Compliance & Enforcement New Jersey Department of Environmental Protection 300 Horizon Center P.O. Box 407 Trenton, NJ 08625-0407 RE:
PSEG Nuclear LLC - Salem Generating Station EPA ID Number NJ0077070811 NJDEP Case No. 05-04-08-1909-09 SETTLEMENT AGREEMENT EA ID #: NEA070001 Enclosed please find three (3) signed duplicate copies of the Settlement Agreement and one (1) signed copy of the Withdrawal of Hearing Request sent on January 17, 2007 and received on January 19, 2007.
If you have any questions regarding this information, please contact Mr. Clifton Gibson of my staff at (856) 339-2686.
Sinctne Ca Fricker Salem Plant Manager COO/
JAN 2 6 2007 Chief - Bureau of Hazardous Waste Compliance & Enforcement SCHO7-009 C
U. S. Nuclear Regulatory Commission Document Control Desk Washington, DC 20555 2
State of New Jersey JON S. CORZINE DEPARTMENT OF ENVIRONMENTAL PROTECTION Gaxmor COUNTY ENVIRONMENTAL AND WASTE ENFORCEMENT BUREAU OF HAZARDOUS WASTE COMPLIANCE AND ENFORCEMENT 300 HORIZON CENTER P.O. BOX 407 TRENTON NJ 08625-0407 Tel. (609) 584-4250 Fax. 609) 588-2444 CERTIFIED MAIL/RRR 7005 0390 0001 8555 8024 LISA P. JACKSON CorrMsL7ne January 17, 2007 Mr. Carl J. Fricker, Salem Plant Manager PSE&G NUCLEAR LLC P.O. Box 236, M/C N21-Alloway Creek Neck Road Hancocks Bridge, NJ 08038-1236 RE:
SETTLEMENT AGREEMENT SALEM/HOPE CREEK GENERATING STATION Alloways Creek Rd Hancocks Bridge, NJ 08038 EA ID #: NEA070001 - NJD077070811
Dear Mr. Fricker:
Enclosed are three (3) duplicate original Settlement Agreement documents in the above referenced matter (assigned new Enforcement Action ID# N-EA070001 - NJD07707081 1). If the terms meet with your approval, please have them signed and returned to me within fifteen (15) days of receipt.
I will, in turn, have each signed and return one to your-attention along with the payment invoice and forward one to the attention of the Director of the Office of Legal Affairs, to conclude this matter.
Should you have any questions or comments on the proposed Settlement Agreement, please contact Mr. Peter Taylor of my staff at (856) 614-3650.
Sincerely, Michael R. Hastry, Chief Bureau of Hazardous W/
& Enforcement Enclosure
State of New Jersey JON S. CORZINE DEPARTMENT OF ENVIRONMENTAL PROTECTION LISA P. JACKSON Gowmtrl*
COUNTY ENVIRONMENTAL AND WASTE ENFORCEMENT Conri'isiorxer BUREAU OF HAZARDOUS WASTE COMPLIANCE AND ENFORCEMENT 300 HORIZON CENTER P.O. BOX 407 TRENTON NJ 08625-0407 Tel. (609) 584-4250 Fax. 609) 588-2444 IN THE MATTER OF PSEG NUCLEAR LLC SALEM GENERATING STATION SETTLEMENT AGREEMENT ALLOWAY CREEK NECK ROAD HANCOCKS BRIDGE, NJ 08038 EA ID # NEA070001 - NJD077070811
- 1. This Settlement Agreement is entered into pursuant to the authority vested in the Commissioner of the New Jersey Department of Environmental Protection ("Department"') by N.J. S.A. 13: 1D-1 et seq., and the Solid Waste Management Act, N.J.S.A. 13:lE-1 et seq. and the Spill Compensation and Control Act, N.J.S.A. 58:10-23.1 let seq., and duly delegated to the Chief, Bureau of Hazardous Waste Compliance and Enforcement, pursuant to N.J.S.A. 13:1B-4.
- 2. The Department issued a Notice of Civil Administrative Penalty Assessment - PEA060002 in the amount of $15,750.00 to PSEG NUCLEAR LLC on 8/25/06 for violations of the Solid Waste Management Act, N.J.S.A. 13:1E-1 et seq., and/or the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11et seq., and the regulations promulgated pursuant thereto specifically, N.J.A.C.7:1E-1.11(a).
- 3. The Department therefore alleges that PSEG NUCLEAR LLC is liable for civil administrative penalties for the above referenced violation pursuant to N.J.S.A. 13:1E-9e, N.J.A.C. 7:1E-6.5, 6.6, 6.7 and 6.8, and N.J.A.C. 7:26G-2.4 and 2.5.
- 4. The Department and PSEG NUCLEAR LLC conducted a settlement conference on 10/10/06 and have agreed to settle.this matter in accordance with the following terms:
a) On 12/26/06, PSE&G provided documentation to the Department demonstrating that PSE&G had developed new SOPs and checklists, instituted new policies, procedures, and had retrained personnel after the 04/08/05 discharge of hydrazine. On reviewing this documentation, the Department agrees that PSE&G took appropriate measures to ensure that there would be no future spills of hydrazine and that the discharge was due to "operator deviation from strict procedural compliance violation of company policy". The operator did not check off steps on a checklist as required and presumably left a valve open that he should have closed. Therefore the Department has determined that the incident was not "gross negligence" as listed in the Notice of Civil Administrative Penalty Assessment - PEA060002 but was "accidental" as defined in N.J.A.C. 7:1E-1.11 (a).
,'SETTLEMENT AGREEMENT SALEM/HOPE CREEK GENERATING STATION NEA070001 - NJD07707081 I Page #2 b) The Department has determined that the above violation has been corrected and PSEG NUCLEAR LLC agrees to operate in compliance with all applicable regulations and permits.
c) In full settlement of the aforementioned violation and enforcement action, PSEG NUCLEAR LLC shall pay a penalty of $8,250.00 by check made payable to "Treasurer, State of New Jersey" and remit to the Division of Revenue at the address stated on the enclosed invoice within thirty (30) calendar days from the date of full execution of this Settlement Agreement.
d) By execution of this Settlement Agreement PSEG NUCLEAR LLC hereby withdraws its request for an administrative hearing before the Office of Administrative Law with respect to the enforcement action which have been issued and which are listed in paragraph number
e) If PSEG NUCLEAR LLC fails to pay the above penalty in accordance with the terms and conditions of this Settlement Agreement, then the Notice of Civil Administrative Penalty Assessment - PEA060002 shall become a final order and the full penalty, along with costs and interest calculated pursuant to N.J. Court Rule 4:42, shall be immediately due and owing.
The Department may bring a summary action in the Superior Court to collect such penalty pursuant to R.4:67-6, R.4:70 or file this Settlement Agreement as a judgement under the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq.
f) Nothing in this Settlement Agreement shall preclude the Department from taking enforcement action against PSEG NUCLEAR LLC for violations not set forth in this Settlement Agreement.
g) Nothing in this Settlement Agreement restricts the ability of the Department to raise the above findings in any other proceeding, specifically including, but not limited to, proceedings pursuant to N.J.S.A. 13:1E-126 et secj., (commonly referred to as A-901).
h) This Settlement Agreement shall be effective upon execution by both parties.
NJ Department of Environmental Protection DATE:
BY:
Michael R. Hastry, Bureau Chief Hazardous Waste Compliance & Enforcement PSEG N-UCLE LC DATE:
/ 2** 20 7-BY:
Carl J. Fickter, Salem Plant Manager
WITHDRAWAL OF HEARING REQUEST Re: PSEG NUCLEAR LLC Notice of Civil Administrative Penalty Assessment, PEA060002 EA ID #: NEA070001 - NJD077070811 Based on the Department's letter of January 17, 2007, I hereby withdraw the request for adjudicatory hearing.
Date:
ti2 2
Autored Signature CP4ri Nza Print Name Send to:
NJDEP Mr. Michael R. Hastry Bureau of Hazardous Waste Compliance and Enforcement PO Box 407 Trenton, NJ 08625-0407