ML18155A253
| ML18155A253 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 11/07/1980 |
| From: | Stephen Burns NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD) |
| To: | CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.) |
| Shared Package | |
| ML18046A137 | List: |
| References | |
| ISSUANCES-CIV, NUDOCS 8011100627 | |
| Download: ML18155A253 (3) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ADMINISTRATIVE.LAW JUDGE In the Matter of CONSUMERS POWER COMPANY (Palisades Nuclear Power Faci1ity)
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~ I Docket No. 50-255 (Civil Penalty)
NRC STAFF'S SUPPLEMENTAL ANSHERS TO CONSUMERS POWER COMPANY'S SECOND.ROUND OF INTERROGATORIES On September 24, 1980, the NRC Staff answered Consumers Power Company's second round of interrogatories. Consumers filed a motion to compel more specific answers to interrogatories l through 4.
Because it believed that its answers were complete and responsive, the Staff opposed Consumers' motion.
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In a telephone conference on November 3, 1980, among counsel for the Staff, counsel for Consumers, and the Administrative Law Judge, it appeared that the primary disagreement between the Staff and Consumers centered on the Sta.ff' s answers to interrogatories l and Z.
At the conclusion of the telephone conference, the Staff agreed to supplement its answers to interrogatories l and 2.
The supplemental answers follow.
These answers are made as an addition to, not as a substitute for, the answers given on 5eptember 24, 1980.
Supplemental Answer to Interrogatory l:
Delete the first sentence on page 2 of the Staff's answers, which sentence followed the quotation from the Statement of Consideration.
The following statements supplement the answer to interrogatory l:
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The Statement of Consideration provides the only criteria for determining whether imposition of civi1 penalties f s appropriate for each day of a continuing violation. I'f it is established that a continuing violation has occurred, the choice of the sanction for such violation, as with any violation, "is within the sound judgment of the Commission, and not foreordained".
See Petition for Remedial Ac.tfon, CLI.. 78.. 6, 7 NRC 400, 406
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The Director of the Office of lnspection and Enforcement has been delegated the authority to impose civil penalties un.der section 234 of the Atomic Energy Act, Accordingly, he is empowered to exercise his discretion in choosing the appropriate enforcement sanction for a continuing violation.
Supplemental Answer to*rnterrogatory 2:
The authority to impose civil penalties for each day' of a continuing violation was used in this case on the basis of the seriousness of the failure to maintain con-ta.inment integrity and not on the basis of other consfderatfons.
Dated at Bethesda, Maryland this 7th day of November, 1980.
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Stephen G. Burns Counsel to NRC Staff
UNITED STATES OF AMERlCA NUCLEAR REGULATORY COMMISSION "BEFORE.THE ADMINISTRATfVE LAW.JUDGE In the Matter of
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CONSUMERS POWER COMPANY
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Docket No, 50-255 (Palisades Nuclear Power
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(Civil Penalty)
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AFFIDAVIT OF. STEPHEN G~ 'BURNS I hereby depose and say under oath that the foregoing NRC Staff's supplemental answers to Consumers Power Company's second round of interrogatories was prepared by me, I certify that the answers given are true and correct to the best of my knowledge, information and belief.
Subscribed and sworn to before me.
this 7th day of November, 1980.
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MY Commission exp1re"b /~ 19 R ;).--
MY. COMMISSION EXPIRES :J LY I"; 198Z