ML19290D585

Answers to 800117 Notice of Hearing.Noncompliance Item 1 of 791109 Notice of Violation Miscategorized.Civil Penalties Imposed Per 791220 Order Abused Discretion Entrusted to NRC Per Atomic Energy Act

ML19290D585
Person / Time
Site:	Palisades
Issue date:	01/29/1980
From:	Mark Miller CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), ISHAM, LINCOLN & BEALE
To:
Shared Package
ML18044A555	List: ML18044A554 ML19290D585
References
NUDOCS 8002220227
Download: ML19290D585 (2)

Text

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFOP.E THE ADMINISTRATIVE LAW JUDGE In the Matter of )

) Docket No. 50-255 CONSUMERS POWER COMPANY ) License No. DPR-20 (Palisades Nuclear Power Facility) )

ANSWER OF NOTICE OF HEARING Pursuant to 10 CFR 52.705, Consumers Power Company

(" Licensee") answers the Notice of Hearing, dated January 17, 1980, as follows:

1. Licensee's position with respect to issue (a) is as follows:

(a) Licensee states that it has no knowledge or infor-mation sufficient to form a belief as to whether Licensee committed the violation of the technical specifications of License No. DPR-20, as set forth in Item 1 of the Notice of Violation issued to Licensee on November 9, 1979, and further states that even if such violation of technical specifi-cations occurred, the item of non-compliance has been miscategorized as a " violation."

(b) Licensee admits the allegations of fact in Item 2 of said Notice of Violation, but states that the item of non-compliance has been miscategorized as a " violation."

(c) Licensee admits that the signoffs were not com-pleted as alleged in Item 3 of said Notice of 8002220 @l

. s Violation, but has no knowledge or information sufficient to form a belief as to whether notifi-cation was completed.

Licensee's position with respect to issue (b) is that the December 20, 1979 Order Imposing Civil Penalties should not be sustained for the following reasons:

(d) Licensee states that the proposed penalties are unwarranted by the facts and that the decision to propose such penalties was arbitrary, capricious, an abuse of discretion and otherwise not in accor-dance with the law and was influenced by considera-tions unrelated to the purpose of Section 234 of the Atomic Energy Act (42 USC S2282) .

(e) Licensee states that even if all items of non-compliance occurred as alleged in the Notice of Violation, the penalties proposed exceed the maxi-mum penalty permitted by Section 234 of the Atomic Energy Act (42 USC S2282) .

2. The items of the specification of issues controverted by Licensee are set forth in paragraph 1, above.

3. Licensee will appear by counsel and present evidence.

DATED: January 29, 1980 Respectfully submitted, kWh A +n Michael I. Miller / /

ISHAM, LINCOLN & DEALE AttorneyforLicensee{

One First National Plaza Suite 4200 Chicago, Illinois 60603 (312)558-7500