ML19320B001
| ML19320B001 | |
| Person / Time | |
|---|---|
| Site: | Davis Besse  |
| Issue date: | 06/20/1980 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | |
| Shared Package | |
| ML19320A997 | List: |
| References | |
| NUDOCS 8007090016 | |
| Download: ML19320B001 (1) | |
Text
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. Appendix B NOTICE OF PROPOSED IMPOSTION OF CIVIL PENALTIES Toledo Edison Company Docket No. 50-346 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 Thirteen Thousand Dollars ($13,000) 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 proposed amount of the penalties, the factors identified in the statements of considera-tion publ.ished in the Federal Register with the rule making action which adopted 10 CFR 2.205 (36 FR 16894) August 26, 1971 and the " Criteria for Determining Enforcement Action," which was se.nt to NRC licensees on December 31, 1974, have been taken into account.
Toledo Edison Company may, within twenty-five days of the date of this notice, pay the total civil penalties in the cumulative amount of Thirteen Thousand Dollars ($13,000) or may protest the imposition of the civil penalties in whole or in part by a written answer.
Should Toledo Edison Company fail to answer within the time specified, this office will issue an order imposing the civil penalties in the amount proposed above.
Should Toledo Edison Company 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, j
such answer may request remission or mitigation of the penalties.
Any written 4
answer in accordance with 10 CFR 2.205 should be set forth separately from your statement or explanation in reply pursuant to 10 CFR 2.201, but you may incorporate by specific reference (e.g., giving page and paragraph numbers) to
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avoid repetition.
k Toledo Edison Company's attention is directed to the other provisions of 10
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CFR 2.205 regarding, in particular:
failure to answer and ensuing orders; answer, consideration by this office, and orders; request for hearings, hearings, and ensuing' orders; compromise; and collection.
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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 compro-mised, remitted, or mitigated, may be collected by civil action pursuant to E'
Section 234c of the Atomic Energy Act of 1954, as amended, (42 USC 2282).
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