ML18045A653

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Notice of Proposed Imposition of Civil Penalty for Item of Noncompliance Noted in IE Insp of 800729
ML18045A653
Person / Time
Site: Palisades Entergy icon.png
Issue date: 09/16/1980
From:
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To:
Shared Package
ML18045A651 List:
References
EA-80-049, EA-80-49, NUDOCS 8009290164
Download: ML18045A653 (1)


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Appendix B NOTICE OF PROPOSED IMPOSITION OF CIVIL PENALTIES Consumers Power Company Docket.No. 50-255

  • This office proposes to impose civil penalties pursuant to Secti~n 234 of the Atomic Energy Act of 1954, as amended, (42 USC 2282), and to 10 CFR 2.205 in the cumulative amount of Sixteen Thousand Dollars ($16,000) for the specific items of nonccmpliance set forth in Appendix A to the cover letter.

In proposing to impose civil penalties pursuant to this section of the Act ~nd in fixing the proposed amount of the penalties, the factors identified in the Statement of Consideration published in the Federal Register with the rule-making action which adopted 10 CFR 2.205 (36 FR 16894) August 26, 1971, and the 11Criteria for Determining Enforcement Actions, 11 which was sent to NRC licensees on December 31, 1974, have been taken into account.

Consumers Power Company may, within twenty-five days of the date of this notice, pay the civil *penalties in the cumulative amount of Sixteen Thousand Dollars ($16,000), or may 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 civi.l 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 i~

part; (b) demonstrate exten.uating 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 may request remission or mitigation of the penalties'.

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 by specific reference (e.g., giving page and paragraph numbers) to avoid repetition.

Consumers Power Company's attention is directed to the other provisions of

  • 10 'cFR 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.

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* :...upon--fa-i.lure.~to __ p_gy __ any civil penalty due which has been subsequently determined in accordance-wTtfl-tlie-cfpp-i-i*cable-prov-i sfons-o.L lO_CEB:_ 2. 205, the

. matter may be ref erred to the Attorney Genera 1, and the penalty, unless-ccfoltfro;.-- -~:--. * :-

mi sed, remitted, or mitigated, may be collected by civil action pursuant to Sect ion 234c of the Atomic Energy Act of 1954, as. amended ( 42_ USC 2282).