ML080720075
| ML080720075 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 03/11/2008 |
| From: | Carpenter C NRC/OE |
| To: | Spano A White Plains, NY |
| Starkey D | |
| Shared Package | |
| ML080560058 | List: |
| References | |
| G20080111, OEDO-2008-0139 | |
| Download: ML080720075 (1) | |
Text
March 11, 2008 Mr. Andrew J. Spano, County Executive Michaelian Office Building White Plains, NY 10601
Dear Mr. Spano:
I am responding to your letter of February 4, 2008, to Martin J. Virgilio, regarding your request that the funds from the $650,000 civil penalty recently issued to Entergy be applied to the four local counties emergency preparedness efforts instead of going to the U.S. Treasury. Since April 2007, we have received similar requests from several elected officials, including county and local officials near the Indian Point Nuclear Generating Station. Your letter also mentioned a bill introduced in July 2007 by Congresswoman Lowey which would apply the proceeds of such future civil penalties to local emergency planning efforts. Until Congresswoman Loweys bill or similar legislation becomes law, the NRC lacks the statutory authority, as explained below, to redirect civil penalties to local communities that host NRC licensees as you have requested. Regarding the recent $650,000 civil penalty, Entergy paid that civil penalty on February 19, 2008.
Please be advised that the NRC is required to deposit civil penalty funds to the U.S. Treasury pursuant to the Miscellaneous Receipts Act (Act). Once funds are sent to the NRC, we are mandated to deposit the funds in the U.S. Treasury. The relevant portion of the Act, which is codified at 31 U.S.C. 3302(b), states that an official or agent of the Government receiving money for the Government from any source shall deposit the money in the Treasury as soon as practicable without deduction for any charge or claim. The Comptroller General has interpreted the Act not only to prohibit diversion of civil penalty funds by the NRC to third parties, as you request, but also to forbid NRC from mitigating civil penalties in exchange for licensees funding projects carried out by third parties. See Nuclear Regulatory Commissions Authority to Mitigate Civil Penalties, B-238419, 70 Comp. Gen. 17 (1990). The Comptroller General said that such allocations would be in circumvention of Congress constitutional authority to appropriate monies. Please see the enclosed Comptroller General opinion. In short, the NRC is not able to redirect civil penalty funds for the purpose that you propose, absent legislation that would remove the current legal prohibitions. As a result, NRC has no procedures to divert NRC civil penalty funds to third parties.
We will continue to closely monitor Entergys progress to comply with the new siren system requirements and take appropriate action as deemed necessary.
Sincerely,
/RA/
Cynthia A. Carpenter, Director Office of Enforcement
Enclosure:
As Stated
March 11, 2008 Mr. Andrew J. Spano, County Executive Michaelian Office Building White Plains, NY 10601
Dear Mr. Spano:
I am responding to your letter of February 4, 2008, to Martin J. Virgilio, regarding your request that the funds from the $650,000 civil penalty recently issued to Entergy be applied to the four local counties emergency preparedness efforts instead of going to the U.S. Treasury. Since April 2007, we have received similar requests from several elected officials, including county and local officials near the Indian Point Nuclear Generating Station. Your letter also mentioned a bill introduced in July 2007 by Congresswoman Lowey which would apply the proceeds of such future civil penalties to local emergency planning efforts. Until Congresswoman Loweys bill or similar legislation becomes law, the NRC lacks the statutory authority, as explained below, to redirect civil penalties to local communities that host NRC licensees as you have requested. Regarding the recent $650,000 civil penalty, Entergy paid that civil penalty on February 19, 2008.
Please be advised that the NRC is required to deposit civil penalty funds to the U.S. Treasury pursuant to the Miscellaneous Receipts Act (Act). Once funds are sent to the NRC, we are mandated to deposit the funds in the U.S. Treasury. The relevant portion of the Act, which is codified at 31 U.S.C. 3302(b), states that an official or agent of the Government receiving money for the Government from any source shall deposit the money in the Treasury as soon as practicable without deduction for any charge or claim. The Comptroller General has interpreted the Act not only to prohibit diversion of civil penalty funds by the NRC to third parties, as you request, but also to forbid NRC from mitigating civil penalties in exchange for licensees funding projects carried out by third parties. See Nuclear Regulatory Commissions Authority to Mitigate Civil Penalties, B-238419, 70 Comp. Gen. 17 (1990). The Comptroller General said that such allocations would be in circumvention of Congress constitutional authority to appropriate monies. Please see the enclosed Comptroller General opinion. In short, the NRC is not able to redirect civil penalty funds for the purpose that you propose, absent legislation that would remove the current legal prohibitions. As a result, NRC has no procedures to divert NRC civil penalty funds to third parties.
We will continue to closely monitor Entergys progress to comply with the new siren system requirements and take appropriate action as deemed necessary.
Sincerely,
/RA/
Cynthia A. Carpenter, Director Office of Enforcement
Enclosure:
As Stated DISTRIBUTION: G20080111 - EDATS:OEDO-2008-0139 OE r/f R. Arrighi EDO S. Collins G. West L. Reyes B. Mallett M. Virgilio J. Dyer OGC R. Zimmerman ML080560058 OFFICE OE OE OE RI NSIR NAME D. Starkey N. Hilton S. Magruder S. Collins R. Zimmerman DATE 03/04/08 03/10/08 03/10/08 03/07/08 03/ 05/08 OFFICE OGC OE NAME C. Marco(nlo)
C. Carpenter DATE 3/10/08 3/ 11/08 OFFICIAL RECORD COPY