ML17353A805
| ML17353A805 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 07/16/1996 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | |
| Shared Package | |
| ML17353A803 | List: |
| References | |
| EA-96-051, EA-96-51, NUDOCS 9607230109 | |
| Download: ML17353A805 (7) | |
Text
NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Florida Power and Light Company Docket Nos.
50-250, 50-251 Turkey Point Nuclear Plant License Nos.
DPR-41 EA 96-051 As a result of review of a Secretary of Labor Decision and Order of Remand dated October 23,
- 1995, a violation of NRC requirements was identified.
In accordance with the "General Statement of Policy and Procedures for NRC Enforcement Actions." NUREG-1600, the Nuclear Regulatory Commission proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of
- 1954, as amended (Act), 42 U.S.C.
Z282.
and 10 CFR 2.205.
The particular violation and associated civil penalty are set forth below:
10 CFR 50.7 prohibits discrimination by a Commission licensee against an employee for engaging in certain protected activities.
Discrimination includes discharge or other actions relating to the compensation,
- terms, conditions, and privileges of employment.
The activities which are rotected include, but are not limited to, reporting of safety concerns y an employee to his employer or the NRC.
Contrary to the above, the Florida Power and Light Company (FP&L) discriminated against Mr. Regino R. Diaz-Robainas for engaging in protected activities.
Specifically, as determined by the Secretary of
- Labor, on August 19, 1991.
FP&L terminated Mr. Diaz-Robainas for his failure to submit to a psychological evaluation which was ordered by FP&L on July 30 and August 19, 1991, in retaliation for his having engaged in protected activities.
Mr. Diaz-Robainas'rotected activities, among other things, included the identification and reporting of safety concerns during the" period of February through August 1991.
(0101Z)
This is a Severity Level II violation (Supplement VII).
Civil Penalty
$100,000.
Pursuant to the provisions of 10 CFR 2.201, Florida Power and Light Company is hereby required to submit a written statement or explanation regarding the this Notice of Violation and Proposed Imposition of Civil Penalty (Notice) to the Director, Office of Enforcement.
U.S.
Nuclear Regulatory Commission, within 30 da s after
'udicial review of this case is com leted and a decision based on the review is issued.
This reply should be clearly marked as a
"Reply to a Notice of Violation" and should include for each alleged violation:
(1) admission or denial of the alleged violation, (2) the reasons for the violation if admitted, and if denied, the reasons why, (3) the corrective steps that have been taken and the results
- achieved, (4) the corrective steps that will be taken to avoid further violations, and (5) the date when full compliance will be achieved.
If an adequate reply is not received within the time specified in this Notice, an order or a Demand for Information may be issued as to why the license should not be modified, suspended, or revoked or why such other action as may be proper should not be 9607230i09 9607i6 PDR ADOCK 05000250 8
Notice of Violati on and Proposed and Imposition of Civil Penalty taken.
Consideration may be given to extending the response time for good cause shown.
Under the authority of Section 182 of the Act, 42 U.S.C.
- 2232, this response shall be submitted under oath or affirmation.
Within the same time as provided for the response required above under 10 CFR 2.201, the Licensee may pay the civil penalty by letter addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission. with a check, draft.
money order, or electronic transfer payable to the Treasurer of the United States in the amount of the civil penalty proposed above.
or the cumulative amount of the civil penalties if more than one civil penalty is
- roposed, or may protest imposition of the civil penalty in whole or in part.
y a written answer addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission.
Should the Licensee fail to answer within the time specified, an order imposing the civil penalty will be issued.
Should the Licensee elect to file an answer in accordance with 10 CFR 2.205 protesting the civi 1 penalty, in whole or in part, such answer should be clearly marked as an "Answer to a Notice of Violation" and may:
(1) deny the violations listed in this Notice, in whole or in part, (2) demonstrate extenuating circumstances, (3) show error in this Notice, or (4) show other reasons why the penalty should not be imposed.
In addition to protesting the civil penalty in whole or in part.
such answer may request remission or mitigation of the penalty.
In requesting mitigation of the proposed penalty. the factors addressed in Section VI.B.2 of the Enforcement Policy should be addressed.
Any written answer in accordance with 10 CFR 2.205 should be set forth separately from the statement or explanation in reply pursuant to 10 CFR 2.201, but may incorporate parts of the 10 CFR 2.201 reply by specific reference (e.g., citing page and paragraph numbers) to avoid repetition.
The attention of the Licensee is directed to the other provisions of 10 CFR 2.205, regarding the procedure for imposing a civil penalty.
Upon failure to pay any civi 1 penalty due which subsequently has been determined in accordance with the applicable provisions of 10 CFR 2.205. this matter may be referred to the Attorney General, and the penalty, unless compromised,
- remitted, or mitigated.
may be collected by civil action pursuant to Section 234c of the Act. 42 U.S.C.
2282c.
The response noted above (Reply to Notice of Violation, letter with payment of civil penalty, and Answer to a Notice of Violation) should be addressed to:
Mr. James Lieberman, Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, One White Flint North, 11555 Rockville Pike, Rockvi lie, MD 20852-2738, with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, Region II and a copy to the NRC Resident Inspector at the Turkey Point facility.
Because your response will be placed in the NRC Public Document Room (PDR), to the extent possible. it should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction.
However, if you find it necessary to include such information, you
Notice of Violation and Proposed and Imposition of Civil Penalty should clearly indicate the specific information that you desire not to be placed in the
- PDR, and provide the legal basis to support your request for withholding the information from the public.
Dated at Atlanta, Georgia this 16th day of July 1996
'PL DISTRIBUTION w/encl:
PUBLIC
- JTaylor, EDO
- JMilhoan, DEOR
- SEbneter, RII LChandler.
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- BKeeling, CA Enforcement Coordinators RI, RIII, RIY JLieberman, OE
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ABoland. RII GHallstrom, RII BBurgess. RIII Thomas P.
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Box 1448 Homestead.
FL 33090
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