ML18044B025
| ML18044B025 | |
| Person / Time | |
|---|---|
| Site: | Rancho Seco |
| Issue date: | 12/31/1979 |
| From: | Engelken R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION V) |
| To: | Mattimoe J SACRAMENTO MUNICIPAL UTILITY DISTRICT |
| Shared Package | |
| ML18044B026 | List: |
| References | |
| NUDOCS 8001310099 | |
| Download: ML18044B025 (6) | |
See also: IR 05000312/1979020
Text
ISHAM, LINCOLN & BEALE
COUNSELORS AT LAW
ONE FIRST NATIONAL PLAZA FORTY-SECOND FLOOR
CHICAGO, ILLINOIS 60603
TELEPHONE 312-SSS-7500
TELEX: 2-5288
January 8, 1979(/'ttO)
Mr. Victor Stello,. Jr., Director
Office of.Enforcement and Inspection
U.S. Nuclear Regulatory Commission
Washington, D.C.
20555
Re:
Consumers Power Company
Docket 50-255 - License DPR-20
Palisades Nuclear Power Facility
Dear Mr. Stello:
WASHINGTON OFFICE
1050 171'~ STRC£T, N. W.
SEVENTH F'LOOR
WASHINGTON, 0. C.20036
202-833-9730
This refers to your letter of December 20, 1979,
to Mr. R. c. Youngdahl and the enclosed "Order Imposing
Civil Monetary Penalties" of the same date.
Pursuant to
paragraph V of the Order and the provisions of. 10 CFR §2.205,
Consumers Power Company requests a hearing on the Order.
Please direct all correspondence and serve all papers on the
Company as shown on the attached list.
We will file a
formal notice of appearance upon receipt of an order or
other notification that the requested hearing has been
initiated.
MIM/sag
Attachment
cc w/att.: J. Bacon
l
f
SincWit£a
Michael I. Miller
Isham, Lincoln & Beale
Attorneys for
Consumers Power Company
i.
',. ,
,,
ATTACH.."1ENT
Judd Bacon, Esq.
212 West Michigan Avenue
Jackson, Michigan
49201
Michael I. Miller, Esq.
Isham, Lincoln & Beale
One First National Plaza
Suite 4200
Chicago, Illinois
60603
Paul H. Murphy, Esq.
Isham, Lincoln & BeaJ.e
One First National Plaza
Suite 4200
Chicago, Illinois
60603
'**
DRAFT
In the Matter of
CONSUMERS POWER COMPANY
UNITED STATES OF AMERICA
NUCLEAR REGULATORY COMMISSION
(Palisades Nuclear Power Facility)
)
)
)
)
Docket No. 50-255
License No. DPR-20
NOTICE OF HEARING
Consumers Power Company, Jackson, Michigan is the holder of License No.
DPR-20, which authorizes the company to operate the Palisades Nuclear Power
Facility. The Facility consists of a pressurized light water moderated and cooled
~
reactor (PWR), located at the Licensee's site in Covent Township, Van Buren
County, Michigan .
. On November 9, 1978, the Director, Office of Inspection and Enforcement,
pursuant to section 234 of the Atomic Energy Act of 1954, as amended (42 U.S.C.
2282) and 10 CFR 2.205 of the Commission's regulations, served on the Licensee
a Notice of Violation together with a Notice of Proposed Imposition of Civil
Penalties. The Notice of Proposed Imposition of Civil Penalties, incorporating
by reference the Notice of Violation, alleged that the Licensee was responsible
for 426 separate items of noncompliance which were violations of the Commission's**
license conditions and set forth the civil penalty to be assessed for each viola-
tion. The alleged violations related to the operation of the facility for an
extended period of tim~ with containment violated.
The Licensee sent an answer dated November 29, 1979 to the Notice of Proposed
Imposition of Civil Penalties.
Aft~r consideration of the Licensee's response,
the Director issued an Order Imposing Civil Penalties on December 20, 1979, in the
- 2 -
total amount of $450,000.00.
By letter dated January 8, 1980 the Licensee
requested a hearing.
Pursuant to the Atomic Energy Act of 1954, as amended, and the regulations
in Title 10, Code of Federal Regulations, Part 2, notice is hereby given that a
hearing will be held before Honorable
, Administrative Law
Judge, at a time and place to be set by the Administrative Law Judge.
The issues before the Administrative Law Judge to be considered and decided
shall be:
(a)
Whether the Licensee committed the violations of the technical specifi-
cations of License No. DPR-20 set forth in the November 9, 1979
Notice of Violation issued to Licensee; and
(b)
Whether the December 20, 1979 Order Imposing Civil Penalties should
be sustained.
A prehearing conference will be held by the Administrative Law Judge, at
a date and place to be set by the Administrative Law Judge, to consider pertinent
matters in accordance with the Commission's Rules of Practice. The date and
place of hearing will be set at or after the prehearing conference and noticed
in the Federal Register.
Pursuant to 10 CFR 2.705, an answer to this Notice may be filed by the
Licensee not later than twenty (20) days from the date of publication of this
Notice in the Federal Register.
Required papers may be filed by mail or telegram addressed to the Secretary
of the Commission, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555,
'
'
- 3 -
,* ,, ..
Attention: Chief, Public Proceedings Staff, or by delivery to the Commission's
Public Document Room, 1717 H Street, N.W., Washington, D.C. 20555.
A copy of
papers filed should also be sent to the Director and Chief Counsel, Rulemaking
and Enforcement Division, Office of the Executive Legal Director, U.S. Nuclear
Regulatory Commission, Washington, D.C. 20555.
Pending further order of the Administrative Law Judge, parties are required
to file, pursuant to the provisions*of 10 CFR 2.708, an original and twenty (20)
copies of each such paper with the Commission.
Pursuant to 10 CFR 2.785, the
Commission authorizes an Atomic Safety and Licensing Appeal Board to exercise
the authority and perform the review functions which would otherwise be exercised
and performed by the Commission.
The Appeal Board will be designated pursuant
to 10 CFR 2.787, and notice as to membership will be published in the Federal
Register.
FOR THE NUCLEAR REGULATORY COMMISSION
Samuel J. Chi l k
Secretary to the Conmission
Dated in Washington, D.C.
this __ day of _____ , 1980.
o#o
UNITED STATES OF AMERICA
NUCLEAR REGULATORY COMMISSION
In the Matter of
CONSUMERS
Pm~ER COMPANY
(Palisades Nuclear Power Facility)
)
)
)
Docket No. 50-255
)
License No. DPR-20
CERTIFICATE OF SERVICE
I hereby certify that copies of NOTICE OF HEARING in the above-captioned
proceeding have been served on the following by deposit in the United States
mail, first class, or, as indicated by an asterisk, through deposit in the
Nuclear Regulatory Commission's internal mail system, this_ day of ___ _
1980.
Administrative Law Judge*
U.S. Nuclear Regulatory Commission
Washington, D.C. 20555
James P. Murray *
James Lieberman
Stephen G. Burns
Counsel for NRC Staff
U.S. Nuclear Regulatory Commission
Washington, D.C.
Docketing and Service Section *
U.S. Nuclear Regulatory Commission
Washington, D.C. 20555
Mr. Judd Bacon
212 West Michigan Avenue
Jackson, Michigan
49201
Michael I. Miller
Paul M. Murphy
Isham, Lincoln and Beale
One First National Plaza
Suite 4200
Chicago, Illinois 60603
Office of the Secretary of the Commission