ML17059B213
| ML17059B213 | |
| Person / Time | |
|---|---|
| Site: | Nine Mile Point  |
| Issue date: | 07/19/1996 |
| From: | Lieberman J, Stein M NRC OFFICE OF ENFORCEMENT (OE) |
| To: | |
| References | |
| EA-96-116, EN-96-050, EN-96-50, NUDOCS 9608050096 | |
| Download: ML17059B213 (4) | |
Text
~
CATEGORY REGULATORY INFORMATION DISTRIBUTION SYSTEM (BIDS)
ACCESSION NBP:9608050096 DOC.DATE: 96/07/19 NOTARIZED: NO DOCKET FACIL:50-410 Nine Mile Point Nuclear Station, Unit 2, Niagara Moha 05000410 AUTH.NAME AUTHOR AFFILIATION STEIN,M.
Ofc of Enforcement (Post 870413)
LIEBERMAN,J.
Ofc of Enforcement (Post 870413)
RECIP.NAME RECIPIENT AFFILIATION
SUBJECT:
EN-96-050:on 960724,notice of proposed imposition of civil penalty in amount of
$ 80,000 issued to licensee, Action based on Severity Level II violation of 10CFR50.7, "Employee Protection."
DISTRIBUTION CODE: IE33F COPIES RECEIVED:LTR ENCL SIZE:
TITIE: Enforcement Notice (EN)
NOTES:
RECIPIENT ID CODE/NAME INTERNAL: AEOD/SPD/RRAB NRR/DISP/PIPB NUDOCS FULL TXT OE FILE 01 COPIES ITTR ENCL RECIPIENT ID CODE/NAME FILE C R DRPM/PERB OE DIR COPIES LTTR ENCL EXTERNAL: LITCO BRYCE,J H
NRC PDR NOAC NOTE TO ALL "RIDS" RECIPIENTS:
PLEASE HELP US TO REDUCE WASTE!
CONTACT THE DOCUMENT CONTROL DESK, ROOM OWFN 5D S(EXT.
415 2085)
TO ELIMINATE YOUR NAME FROMj DISTRIBUTION LISTS FOR DOCUMENTS YOU DON'T NE D!
6 TOTAL NUMBER OF COPIES REQUIRED:
LTTR P5 ENCL 10
Licensee:
~Sub 'ecb:
uly 19, 1996 EN 96-050 OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Niagara Mohawk Power Corporation (EA 96-116)
(Nine Mile 2)
Docket No. 50-410 PROPOSED IMPOSITION OF CIVIL PENALTY -
$80,000 This is to inform the Commission that a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $80,000 will be issued on or about July 24, 1996. to Niagara Mohawk Power Corporation.
The action is based on a Severity Level II violation of 10 CFR 50.7, "Employee Protection."
As determined in the DOL Administrative Law Judge's (ALJ) Recommended Decision and Order in case 95-ERA-005, dated March 15, 1996. the licensee terminated the employment of one of its nuclear engineers in February 1994 for raising safety concerns to his employer beginning in 1991.
The violation is categorized at Severity Level II because it appears from the ALJ's decision that management above first line supervision was involved.in the discrimination.
In accordance with the Enforcement Policy, a base civil penalty in the amount of $80,000 is considered for a Severity Level II violation.
Based on its review, the staff determined that the licensee should be given credit for its corrective actions in the case.
This results in a proposed civil penalty at the base amount of $80,000.
It should be noted that the licensee has not been, specifically informed of the enforcement action.
The schedule of issuance and notification is:
Mailing of 'Notice July 24, 1996 Telephone Notification of Licensee July 24, 1996 The State of New York will be notified.
The licensee will be permitted to defer its response on the proposed civil penalty until 30 days after the Secretary of Labor's decision in this case.
Following NRC evaluation of the response, the civil penalty may be remitted, mitigated, or imposed by Order.
Contacts:
Michael Stein, OE, 415-3055 t
J.'ieberman, OE, 415-2741 Regional Offices RI RIV RII WCFO RIII 9608050096 9607i9 PDR XSE E'N-96-050 PDR Distributi on OWFN OWFN TWFN Chairmaan acFson EDO
. QC Comm.
Rogers DEDR AEOD Comm.
Dicus DEDS OP CTR SECY OE NHSS OCA OGC IRM MAIL PA NRR OIG NUDOCS IP OI RES PUBLIC SP
'CRS PRELIMINARY INFORMATION -
NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION m
(Q'33 oi(
rl