ML17332A874

Responds to Concerning Payment of Proposed Imposition of $25,000 Civil Penalty as Result of Secretary of Labor Decision

ML17332A874
Person / Time
Site:	Cook
Issue date:	08/01/1995
From:	Miller H NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III)
To:	Fitzpatrick E INDIANA MICHIGAN POWER CO. (FORMERLY INDIANA & MICHIG
References
EA-93-059, EA-93-59, NUDOCS 9508080319
Download: ML17332A874 (2)

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NUCLEAR REGULATORYCOMMISSION REGION III 801 WARRENVILLEROAD LISLE, ILUNOIS60532-4351 August f, 1995 EA 93-059 Indiana Hichigan Power Company ATTN:

Hr.

E.

E. Fitzpatrick Senior Vice President Nuclear Generation 1 Riverside Plaza

Columbus, Ohio 43216

SUBJECT:

DEFERRAL OF PAYHENT OF PROPOSED CIVIL PENALTY

Dear Hr. Fitzpatrick:

This is in response to your letter of January 12,

1995, and subsequent conversations between our respective attorneys, concerning payment of our proposed imposition of a

$25,000 civil penalty as a result of the Secretary of Labor's Decision in case No. 92-ERA-037.

That decision concluded that a tool accountability technician was improperly terminated by American Nuclear Resources (ANR),

a contractor at the D.

C.

Cook Plant, after he requested a

report concerning his radiation exposure.

We understand that ANR intends to seek judicial review of the Secretary' Decision after some remaining matters concerning backpay and attorneys'ees are resolved by the Department of Labor.

Therefore, we agree that payment of the proposed civil penalty is not necessary at this time.

Accordingly, Indiana Hichigan Power Company may defer payment of the proposed civil penalty until 30 days after judicial review of this matter is completed.

Should the Secretary's Decision on the merits ultimately be reversed, we will reconsider the proposed civil penalty.

In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice,"

a copy of this letter will be placed in the NRC Public Document Room (PDR).

Sincerely, H

ert J. Hiller Regional Administrator CC:

A. A. Blind, Plant Hanager James R. Padgett, Hichigan Public Service Commission Hichigan Department of Public Health

Indiana Michigan Power Company DISTRIBUTION:

PUBLIC LPDR SECY CA

JTaylor, EDO

JMilhoan, DEDR JLieberman, OE LChandler, OGC JGoldberg, OGC

WRussell, NRR

.RZimmerman, NRR WAxelson, RIII Enforcement Coordinator s RI, RII, RIV'esident Inspector D.C.

Cook, LPM, NRR

FIngram, GPA/PA DWi 1 l i ams, OIG

GCaputo, OI OI:,Region III DFunk, RIII

EJordan, AEOD

DRosano, OE OE:EA File (2)

NUDOCS State of Michigan RAO:RIII SLO:RIII PAO:RIII