ML19322C982

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Order Imposing Civil Monetary Penalties Due to Noncompliances Found in NRC 790328-0731 Insp
ML19322C982
Person / Time
Site: Crane 
Issue date: 01/23/1980
From: Stello V
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To:
METROPOLITAN EDISON CO.
References
NUDOCS 8002070102
Download: ML19322C982 (3)


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Tlw usITEo STATES NUCLEAR REGUUTORY COMMISSION

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In the Matter of

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M 9 etro;olitan Edison

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Docket No. 50-320 (Three Mile Island Nuclear Power

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Station, Unit 2)

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ORDER IMPOSIN3 CIVIL HONETARY PENALTIES I.

The Metro;olitan Edison Company (the " licensee") is the holder of Provisional Operating. License No. DPR-73 (the " license") which authorizes operation of Three Mile Island Nuclear Power Station, Unit 2 (the " facility") at steady state rear.or core power levels not in excess of 2772 cegawatts thermal (rated pcwe r).

The license was issued on February 8,1978.

The facility consists of a pressurized light ater moderated anc cooled reactor (PWR), located at the licensee's site in Londonderry Township, Dauphin County, Pennsylvania.

II.

On Ma.~ h 23, 1979, tne Three Mile Island Ur.it 2 Nuclear Power Plant experienced the ::st savere ac:ident in U. S. cocnarical nuclear power plant history.

The Nuclear Ra;ula:ory Comission's Office of Inspection and Enforcement conducted an investi;ati:n of this accident, during the period March 28 - July 31,1979.

The cifectives of this investigatien were: I) to gather facts concerning the accident, its cause, effect(s), and the licensee's response, and 2) to evaluate these facts as a basis for corrective or enforcement action, as appropriate.

The investigation findings are stated in Investigation Report 50-320/79-10

[NUREG 0603]. As a result of this investigation, the Office of Inspection and Enforcement cited the licensee for specific items of noncompliance as described in a N:tice of Violation which was served upon the licensee by letter dated October 25, 1979, in accordance with 10 CFR 2.201.

A Notice of Proposed

!=posi:ica of Civil Penalties dated October 25, 1979, was served concurrently

upon the licensee in accordance with Section 234 of the Atomic Energy Act of 1954, as amended, (42 U.S.C. 2282), and 10 CFR 2.205, incurporating by reference the N:tice of Violation, which stated the nature of the items of noncompliance and the provisions of NRC regulations and the license conditions with which the licensee was in noncompliance. A letter dated December 5, 1979, with attach =ents, in response to the Notice of Violation and Notice of Proposed I: position of Civil Penalties was received from the licensee.

III.

Upon consideration of Metropolitan Edison's response (December 5,1979) and the statecents of fact, explanation and arg'9tient in denial or mitigation conteined therein, the Director cf the Office of Inspection and Enforcement has ds ernined that the penalties propcsed for the items of noncompliance desig..ated in the Notice of Violation sneuld be icposed except for Items 4.0,

" E, and 11.

Itecs 4.0 and 11 are witndrawr..

Item 4.E is mitigated from 54,000.00 to 12,000. 00.

See A;pendix A to :he letter transmitting this irde r.

IV.

In vies of the foregoing and pursuant to Se: tion 234 of the Atcmic Energy Act of 1954, as amended, (42 U.S.C. 2252), and 10 CFR 2.205, IT IS HEREBY ORDERED THAT:

I:.-e licensee pay civil penalties in the total amount of One Hundred and

. Fifty-Five Thousand Dollars (5155,000.00) 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 mailed to the Director of the Office of Inspection and Enforcement.

V.

The licensee ray within 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 within twenty (20) days cf the date of receipt of this Order, the provisions of this Order shall be effe:tive without further preceedings and, if payment has not been made by that time, the matter may be referred to the Attorney General for collectivn.

VI.

In the event the licensee requests a hearing as provided above, the issues to be considered at such a hearing shall be:

(a) whe-her the licensee was in nonc:mpliance with the Ccmission's regulations and the conditions of the license in the respects set for:h in the Notice of Violation referenced in Section II above, and (b) whether on the basis of such itecs of noncompliance the Order shoulc be sustained.

FOR TiiE NUCLEAR REGULATORY COMMISSION

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v Victer Stello d r.

M Director

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Office of Inspection

-f and Enforcement Dated at/Bethesda, Ma:,jland this $ [ day of %,,c,..__,1980 l

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