ML15260A129
| ML15260A129 | |
| Person / Time | |
|---|---|
| Site: | Oconee, Mcguire, Catawba, McGuire  |
| Issue date: | 07/02/1990 |
| From: | Thompson H NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | DUKE POWER CO. |
| Shared Package | |
| ML15260A127 | List: |
| References | |
| EA-89-151, NUDOCS 9007090257 | |
| Download: ML15260A129 (5) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION In the Matter of Docket Nos.
50-413, 50-414, 5C-2CC, Duke Power Company 50-270, 50-287, 50-369, and 50-370 Catawba, Ocone, and
)
License Nos. NPF-35, NPF-52, DPR-38, McGuire
)
DPR-47, DPR-55, NPF-9, and NPF-17
)
EA 89-151 ORDER IMPOSING CIVIL 11ONETARY PENALTY I
Duke Power Company (Licensee) is the holder of Operating License Nos. NPF-35, NPF-52, DPR-38, DPR-47, DPR-55, NPF-9, and NPF-17, (Licenses) issued by the Nuclear Regulatory Cormission (Conimission or NRC) on January 17, 1985, May 15, 1986, February 6, 1973, October 6, 1973, July 19, 1974, June 12, 1981, arid May 27, 1983, respectively. The Licenses authorize the Licensee to operate the Catawba, Oconee, and McGuire facilities in accordance with the conditions specified therein.
II NRC inspections of the.Licensee's activities under the Licenses were conducted on September 11-15, 1989, at the Catawba facility, and on July 24-28, 1989, and August 7-11, 1989, at the Catawba, McGuire, and Oconee facilities. The results of these inspections indicated that the Licensee had not conducted its activi ties in full compliance with NRC requirements. A written Notice of Violation and Proposed Imposition of Civil Penalty (Notice) was served upon the Licensee by letter dated December 21, 1989. The Notice stated the nature of the viola tions, the provisions of the NRC's requirements that the Licensee had violated, and the amount of the civil penalty proposed for the violations. Prior to responding to the Notice, the Licensee requested a meeting with the NRC to Pr ADOCK
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2
-2 discuss the licensed activities associated with the violations and the proposed civil penalty. That rietirg, which was transcribed, was held at the Licensee' Catawba site on January 31, 1990. The Licensee responded tc.the Nctice by letter dated January 31, 199C.
In its respLre, the Licensee admiltc ai; but two of the examples of the violations (one in Violation F aro ore in Viciaticr E) but argued that enfurcEment discreticm shCuld be exercisc tc VwithrEv! the Notice and withdraw the civil penalty or that the civil penalty should be fully mitigated based on corrective actions taken by Duke Power Company.
III After consideration of the Licensee's response and the statements of fact, explanations, and argument for mitigation contained therein, the Deputy Executive Director for Nuclear Materials Safety, Safeguards, and Operations Support (DEDS) has determined, as set forth in the Appendix to this Order, that all the examples of the violations occurred as stated, with twC EXCEptions, and that.the penalty proposed for the violations designated in the Notice of Violation and Proposed Imposition of Civil Penalty should be imposed. The two contested examples in Violations B and E described in the Appendix are hereby withdrawn.
IV In view of the foregoing and pursuant to Section 234 of the Atomic Energy Act of 1954, as amerided, 42 U.S.C. 2282, and 10 CFR 2.205, IT IS HEREBY ORDERED THAT:
-3 The Licensee pay a civil penalty in the amount of Fifty Thousand Dollars ($50,000) within 30 days of the date of this Order, by check, draft, or money order, payable to the Treasurer of the United States and mailed to the Director, Office of Enforcement, U. S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C.
20555.
V The Licensee may request a hearing within 30 days of the date of this Order. A request for a hearing shall be clearly marked as a "Request for an Enforcement Hearing" and shall be addressed to the Director, Office of Enforcement, U.S.
Nuclear Regulatory Cormission, ATTN:
Document Control Desk, Washington, D.C.
20555, with copies to the Assistant General Counsel for Hearings and Enforcement, at the same address, the Regional Administrator, Region II, 101 Marietta Street, N.W., Atlanta, Georgia 30323.
If a hearing is requested, the Commission will issue an Order designating the time and place of the hearing. If the Licensee fails to request a hearing within 30 days of the date of this Order, the provisions of this Order shall be effective without further proceedings. If payment has not been made by that time, the matter may be referred to the Attorney General for collection.
-4 In the event the Licensee requests a hearing as provided above, the issues to be considered at such hearing shall be whether on the basis of the violations admitted by the Licensee, this Order should be sustained.
FOR THE NUCLEAR REGULATCRY COMMISSICN H4 L. Thompson Jr.
De uty Executive Direc r Nuclear Materials Safe
, Safeguards, and Operations Support Dated at Rockville, Maryland thio'6 day of July 1990
JUL 02 1990 Duke Power Company DISTRIBUTION:
bcc w/o encs:
Document Control Desk (RIDS IE04), 016 H. Pastis, NRR K. N. Jabbour, NRR D. Hood, NRR NRC Resident Inspector U.S. Nuclear Regulatory Conuiission Route 2, Box 179-N York, SC 29745 NRC Resident Inspector U.S. Nuclear Regulatory Con;nissionr 12700 Hagers Ferry Rd.
Hurtersville, NC 28078-8985 NRC Resident Inspector U.S. Nuclear Regulatory Commission Route 2, Box 610 Seneca, SC 29678 G. E. Edison, Project fanager, Project Directorate 11-2, Division of Reactor Projects, NRR PDR SECY CA HThompson, DEDS JMTaylor, EDO UJLieberman, OE RRosano, CE SEbneter, RII GJenkins, RH LChander, 00C TMurley, NRR JPartlow, NRR Enforcement Coordinators RI, RII, RIII, RIV, RV FIngram, GPA/PA BHayes, 01 EJcrdan, AEOD DWillians, O1G Day File EA File DCS
- w/enciosures OE GC 0
RA I:0E DEDS RPRosano uRGoidLerg SDEbreter JLieberman HLThompson 6/1?/90 6/ 1290 6/)0/90 6/\\/90 6/ /90