ML18046A757
| ML18046A757 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 06/30/1981 |
| From: | Reynolds J, Stello V CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | |
| Shared Package | |
| ML18046A756 | List: |
| References | |
| NUDOCS 8107020102 | |
| Download: ML18046A757 (4) | |
Text
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ADMINISTRATIVE LAW JUDGE In the Matter of
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CONSUMERS POWER COMPANY
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(Palisades Nuclear Power Facil.ity)
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Docket No. 50-255 License No. DPR-20 AGREEMENT BETWEEN THE STAFF AND LICENSEE CONCERNING THE PALISADES CIVIL PENALTY PROCEEDING
- 1.
The NRC Staff and the Licensee have reevaluated their respective positions and the evidence and correspondence in this proceeding and agree to enter into the following stipulation for the settlement of the proceeding and compromise of the proposed civil penalties.
A.
With respect to the Notice of Violation issued by the Director, Office of Inspection and Enforcement, to the Licensee on November 9, 1979, the Licensee agrees that the items of noncompliance described in items 2 and 3 of that document occurred as stated.
B.
(1)
With respect to item 1 described in the Notice of Viola-tion issued to the Licensee on November 9, 1979, the Licensee agrees that it did not comply with Technical Specification 3.6.la in that for some
2 period of time between April 11, 1978 and September 11, 1979, the Palisades reactor was in other than *a cold shutdown condition with containment integrity violated.
The Licensee agrees that the noncompliance continued for at least more than one day, but does not concede that containment integrity was violated during power operation.
The Staff and the Licensee agree that although no direct health and safety consequences resulted from this event, failure to maintain containment integrity while the reactor is in other than a cold shutdown condition constitutes serious noncompliance with NRC regulatory requirements.
(2)
Based on new data supplied by the Licensee associated with relative levels of contamination inside and outside containment, the ratios of certain radioisotopes, and records of.radioactivity measured by the plant stack monitor, the Staff and the Licensee agree that the precise number of days that the Lice~see was in noncompliance with Technical Specification 3.6.la as described in the November 9, 1979 Notice of Violation is subject to dispute.
- c.
The Staff has reviewed the Licensee's performance history and its actions to improve its performance and has* found that the Licensee has taken all corrective action required as a result of the November 9, 1979 Notice of Violation, to the Staff's satisfaction.
D.
In view of the foregoi~g, the Stgff and the Licensee agree to submit this stipulation for the settlement of this proceeding and compromise of the civil penalties to the Administrative Law Judge assigned to preside over
3 this proceeding.
Contingent upon the Administrative Law Judge's approval of this stipulation, in a decision or order which has become final, the Staff agrees to reduce the amount of the civil penalties from $450,000 to $225,000 and the Licensee agrees to pay civil penalties in the amount of $225,000 and to withdraw its request for a hearing on this matter.
Dated at Bethesda, MD this 30 day of June, 1981.
Respectfully submitted,
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Victor Stello, "1f'., Director Office of Inspection and Enforcement
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J. W. Reynolds
. Executive Vice President Consumers Power Company
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ADMINISTRATIVE LAW JUDGE In the Matter of CONSUMERS POWER COMPANY (Palisades Nuclear Power Facility)
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Docket No. 50-255 License No. DPR-20 NOTICE OF APPEARANCE Notice is hereby given that the undersigned attorney herewith enters his appearance on behalf of Licensee, Consumers Power Company, 212 West Michigan Avenue, Jackson, Michigan 49201, in the above-captioned proceeding.
In accordance with 10 CFR §2.713, the following information is provided:
Name:
Address:
Telephone Number:
Admissions:
DATED:
June 30~ 1981 Judd L. Bacon Consumers Power Company 212 W. Michigan Ave.
Jackson, MI 49201
( 517) 788-1366 Supreme Court Gf Michigan United States District Court for the Western District of Michigan