ML19260D491

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Order Imposing Civil Monetary Penalties in Amount of $5,000 Re Noncompliance Noted During NRC 790712-13 Insp
ML19260D491
Person / Time
Site: Pilgrim
Issue date: 01/21/1980
From: Stello V
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To:
BOSTON EDISON CO.
Shared Package
ML19260D490 List:
References
NUDOCS 8002110136
Download: ML19260D491 (4)


Text

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i UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of

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BOSTON EDISON COMPANY

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Docket No. 50-293 800 Boylston Street

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(Facility Operating License Boston, Massachusetts 02199

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No. DPR-35)

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(Pilgrim Station, Unit 1)

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ORDER IMPOSING CIVIL MONETARY PENALTIES I

Boston Edison Company, 800 Boylston Street, Boston, Massachusetts ("the licensee")

is the holder of Facility Operating License No. DPR-35 ("the license"), which authorizes the company to operate Pilgrim Station, Unit 1 in Plymouth County, Massachusetts, under certain specified conditions.

Facility Operating License No. OPR-35 was issued by the Nuclear Regulatory Commission (the " Commission")

on June 8, 1972, and is due to expire on August 26, 2008.

II As a result of an ur. authorized individual passing undetected into the protected area and subsequently into a vital area at Pilgrim Nuclear Power Station on the morning of July 11,,1979, a special inspection was conducted ca July 12-13, 1979, to determine the circumstances of the occurrence.

From the findings of the inspection, it appears that the licensee has not conducted its activities in full compliance with the conditions of the license and with the requirements of the NRC's " Physical Protection of Plants and Materials," Part 73, Title 10, Code of Federal Regulations.

A written Notice of Violation was served upon the licensee by letter dated October 26, 1979, specifying the items of noncompliance f)6 194]

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in accordance with 10 CFR 2.201.

A Notice of Proposed Imposition of Civil Penalties dated October 26, 1979, was served concurrently upon the licensee in accordance with Section 234 of the Atomic Energy Act of 1954, as wnended, (42 U.S.C. 2282), and 10 CFR 2.205, incorporating by reference the Notice of Violation, which stated the nrcure of the items of noncompliance and the pro-visions of NRC regulations and license conditions with which the licensee was in noncompliane'.

A response dated November 19, 1979, to the Notice of Violation and Notice of Proposed Imposition of Civil Penalties was received from the licensee.

III Upon consideration of the answer received and the statements of fact, explanation, and argument in denial or mitigation contained therein, the Director of the Office of Inspection and Enforcement has determined that the penalty proposed for the item of noncompliance designated in the Notice of Violatior should be imposed.

IV In view of the foregoing and pursuant to Section 234 of the Atomic Energy Act of 1954, as amended, (42 U.S.C. 2282), and 10 CFR 2.205, IT IS HEREBY ORDERED THAT:

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. The licensee pay civil penalties in the total amount of Five Thousand Dollars (55,000) within twenty (20) days of the date of receipt of this Order, by check, draft, or money order payable to the Treasurer of the United States and = ailed to the Director of the Office of Inspection and Enforcement.

V The licensee say, witnin twenty (20) days of the receipt of this Order request a hearing.

If a hearing is requested, the Commission will issue an Order designating the time and place of hearing. Upon failure of the licensee to request a hearing witnin t'aenty (20) days of the date of receipt of this Order, the provisions of this Order shall ce effective without further proceedings and, if payment has not ceen made by that time, the catter may be referred to the Attorney Gene.al for collecticn.

VI In the event the licer.see requests a hearing as provided above, the issues to be censidered at such hearing shall be:

(a) whether the licensee was in r.oncocpliance with the Commission's regulations and the conditions of the license in the respects set forth in the Notice of Violation; and i94J 020

. (b) whether, on the basis of such an item of noncompliance the Order should be sustained..

FOR THE NUCLEAR REGULATORY COMMISSION

., p '.stanSi W t:t::. Stall

  • Victor Stello, Jr.

Director Office of Inspection and Enforcement Dated at Bethesda, Maryland this day of 1980 l 9 k ) b'

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