ML18044A277
| ML18044A277 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 11/09/1979 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | |
| Shared Package | |
| ML18044A275 | List: |
| References | |
| NUDOCS 7911230312 | |
| Download: ML18044A277 (1) | |
Text
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Appendix 8 NOTICE OF. PROPOSED IMPOSITION OF CIVIL PENALTIES Consumers Power Company Docket No. 50-255 This office proposes t~ impose civil penalties pursuant to Section 234 df the Atomic Energy Act of 1954, as amended, (42 USC 2282), and to 10 CFR 2.205 in the cu*mufat i ve amount of Four Hundred Fifty Thousand Do 11 ars for the specific items of noncompliance set forth in Appendix A to the cover letter.
In proposing to impose civil penalties pursuant to this section of the Act and in fixing the proposed amount *of the penalties, the factors identified in the Statements of Consideration published in the Federal Register with the rule-waking action which adopted 10 CFR 2.205 (36 FR 16894) August 26, 1971, and the "Criteria for Determining Enforcement.Actions,"* which was sent to NRC iicensees on December 31, 1974, have been*taken into account.
Consumers Power Company may, within twenty days of receipt of this notice, pay the civil penalties in the cumulative amount of Four Hundred Fifty Thousand Dollars, or* rr;ay protest the imposition of the civil penalties in whole or in part by a written answer.
Should Consumers Power Company fail to answer within the time specified, this office will issue an Order imposing the civil penalties in the amount proposed above.
Should Consumers Power Company elect to file an answer protesting the civil penalties, such answer may (a) deny the items of noncompliance listed in the Notice of Violation in whole or in part; (b) demonstrate extenuating circumstances; (c) show error in the Notice of Violation; or (d) show other reasons why the penalties should not be imposed.
In addition to protesting the civil penalties in whole or in part, such answer rr.ay request remission or mitigation of the penalties.
Any written answer in accordance with 10 CFR 2.205 should be set forth separately from the stateme11t er explanation in reply pursuant to 10 CFR 2.201, but may incorporate by specific reference (e.g., giving page and paragraph numbers) to avoid repetition.
Consu;:1ers PO'r.'er Company* s attention is directed to the other provisions of lO CF~ 2.205 regarding, in particular, failure to answer and ensuing orders; answer, consideration by this office, and ensuing orders; requests for hearings, hearings and ensuing orders; compromise; and collection.
Upon failure to pay any civil.penalty due which* has been subsequently determined in accordance with the applicable provisions of 10 CFR 2.205, the matter may be referred to the Attorney General, and the penalty, unless compromised, re~itted, or mitigated, may be collected by civil action pursuant to Section 234c of the Atomic Energy Act of 1954, as amended (42 USC 2282).
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