ML17053B010
| ML17053B010 | |
| Person / Time | |
|---|---|
| Site: | Nine Mile Point  |
| Issue date: | 08/21/1979 |
| From: | Stello V NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | |
| Shared Package | |
| ML17053B009 | List: |
| References | |
| NUDOCS 7909170592 | |
| Download: ML17053B010 (8) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the matter of Niagara Mohawk Power Corporation 300 Erie Boulevard, West
- Syracuse, New York 13202 Docket No. 50-220 Facility Operating License No.
DPR-63 ORDER IMPOSING CIVIL MONETARY PENALTIES Niagara Mohawk Power Corporation, 300 Erie Boulevard,
- West, Syracuse, New York (the "licensee" ) is the holder of Facility Operating License No.
DPR-63 (the "license" ), which authorizes the licensee to operate the Nine Mile Point, Unit 1 at Scriba, New York, under certain conditions specified therein.
The li'cense was issued on December 26,
- 1974, and is due to expire on April ll, 2005.
An inspection of the licensee's activities under the license was conducted on February 7-10, 1979.
As a result of the inspection, it appears that the licensee has not conducted its activities in full compliance with the conditions of the license and with the requirements of the Nuclear Regulatory Commission's "Physical Protection of Plants and Materials," Part 73, Title 10, Code of Federal Regula-tions.
A written Notice of Violation was served upon the licensee by letter dated June 5, 1979, specifying the items of noncompliance in accordance with 10 CFR 73.55.
A Notice of Proposed Imposition of Civil Penalties dated June 5,
1979 was
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"2" served concurrently upon the licensee in accordance with Section 234 of the Atomic Energy Act of 1954, as
- amended, (42 U.S.C.
2282),
and 10 CFR 2.205, incorporating by reference the Notice of Violation, which stated the nature of the items of non-compliance and the provisions of NRC regulations and license conditions with which the licensee was in noncompliance.
A letter, dated June 22, 1979, in response to the Notice of Violation and Notice of Proposed Imposition of Civil Penalties was received from the licensee.
Upon consideration of the answer received and the statements of fact, explanation and argument in denial or mitigation contained therein, the Director of the Office
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of Inspection and Enforcement has determined that the penalties proposed for the items of noncompliance designated in the Notice of Violation as Items 1, 2, 3, 4, 5,
and 6 should be imposed.
IV.
In view of the foregoing and pursuant to Section 234 of the Atomic Energy Act of
- 1954, as
- amended, (42 U.S.C.
2282),
and 10 CFR 2.205, IT IS HEREBY ORDERED THAT:
The licensee pay civil penalties in the total amount of Eighteen Thousand Dollars ($18,000) within twenty (20) days of the date of receipt of this Order, by check, draft, or money order payable to the Treasurer of the United States and mailed to the Director of t
the Office of Inspection and Enforcement.
The licensee may, within twenty (20) days of the receipt oi this Order request a hearing.
If a hearing is requested, the Commission will issue an Order designating the time and place of hearing.
Upon failure of the licensee to request a hearing within twenty (20) days of the date of receipt of this Order, the provisions of this Order shall be effective without further proceedings
- and, if payment has not been made by that time, the matter may be referred to the Attorney General for collection.
VI.
In the event the licensee requests a hearing as provided above, the issues to be considered at such a hearing shall be:
(a) whether the licensee was in noncompliance with the Commission's regulations and the conditions of the license in the respects set forth as Items 1, 2, 3
4, 5, and 6
in the Notice of Violation referenced in Section II above, and
(b)
- whether, on the basis of such items of noncompliance, the order should be sustained.
FOR THE NUCLEAR REGULATORY COMMISSION Date at Bethesda, Maryland this 21 day of August, 1979.
Victor Stello, Jr.
Director Office of Inspection and Enforcement
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