ML19246B327
| ML19246B327 | |
| Person / Time | |
|---|---|
| Site: | Nine Mile Point  |
| Issue date: | 06/05/1979 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | |
| Shared Package | |
| ML19246B324 | List: |
| References | |
| NUTI-790605, NUDOCS 7907130182 | |
| Download: ML19246B327 (2) | |
Text
t AFPENDIX B NOTICE OF PROPOSED IMPOSITION OF CIVIL PENALTIES Niagara Mohawk Power Corporation Docket No. 50-220 Syracuse, New York 13202 License No. DPR-63 This Office has considered the enforcement options available to the NRC, including administrative actions in the form of written notices of violation, civil monetary penalties, and orders pertaining to the modification, suspension, or revocation of a license.
Based on these considerations we propose to impose civil penalties pursuant to Section 234 of the Atomic Energy Act of 1954, as amended, (42 USC 2282), and to 10 CFR 2.205 in the cumulative amount of Eighteen Thousand Dollars
($18,000) 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 prooosed amount of the penalties, the factors identified in the Statements of Consideration published in the Federal Register with the rule making action which adopted 10 CFR 2.205 (36 FR 16894, AuSust 26,1971), and the " Criteria for Determining Enforcement Action," which was sent to NRC licensees on December 31, 1974, have been taken into account.
Niagara Mohawk Power Corporation may, within twenty (20) days of the date of receipt of this notice, pay the civil penalties in the amount of Eighteen Thousand Dollars ($18,000) or may protest the imposition of the civil penalties in whole, or in part, by a written answer.
Should Niagara Mohawk Power Corporation fail to answer within the time speci-fied, this offi'ce will issue an order imposing the civil penalties in the amount proposed above.
Should Niagara Mohawk Power Corporation 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 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.
Niagara Mohawk Power Corporation'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; d
and collection.
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7907
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I Appendix B 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, remitted, 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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