ML19331D178

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Notice of Proposed Imposition of Civil Penalties
ML19331D178
Person / Time
Site: Crane Constellation icon.png
Issue date: 08/07/1980
From:
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To:
Shared Package
ML19331D175 List:
References
EA-80-043, EA-80-43, NUDOCS 8008270431
Download: ML19331D178 (1)


Text

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AUG 7Z APPENDIX B NOTICE OF PROPOSED IMPOSITION OF CIVIL PENALTIES Metropolitan Edison Company Docket No. 50-320 EA-80-43 This office proposes 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 Nine Thousand Dollars 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 Consideration published in the Federal Register with the rule making action which adopted 10 CFR 2.205 (36 FR 16894) August 26, 1971; the " Criteria for Determining Enforcement Action," which was sent to NRC licensees on December 31, 1974, as supplemented by the " Criteria for Enforcement Action for Failure to comply with I CFR 71," which was sent to NRC licensees on December 3, 1979, have been taken into account.

Metropolitan Edison Company may, within twenty (25) days of the date of this notice pay thr. civil penalties in the amount of Nine Thousand Dollars or may protest the.nposition of the civil penalties in whole or in part by a written answer.

Should Metropolitan 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 Metropolitan Edison Company elect to file an answer protesting the civil penalties, such answer may (a) deny the items of noncompliance listed fn the Notice of Violation in whole or in part, (b) demonstrate extenuating circumstances, (c) show error in the Notice of Viola-tion, 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.

Metropolitan Edison Company'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; and collection.

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 ccmpro-mised, 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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