ML19343B698
| ML19343B698 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 12/19/1980 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | |
| Shared Package | |
| ML100191222 | List: |
| References | |
| EA-81-004, EA-81-4, NUDOCS 8012300113 | |
| Download: ML19343B698 (1) | |
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APPENDIX B NOTICE OF PROPOSED IMPOSIT'ON OF CIVIL PENALTY Consolidated Edison Company of New York, Inc.
Docket No. 50-247 EA-81-04 This office has considered the enforcement options available to the NRC including administrative actions in the form of written notices of violation, civil mone-tary penalties, and orders pertaining to the modification, suspension or revo-cation of a license.
Based on these considerations, we propose to impose civil penalties pursuant to Section 234 cf the Atomic Energy Act of 1954, as amended, (42 USC 2282) and to 10 CFR 2.205, in the cumulative amount of Five Thousand Dollars (55,000) for the specific item of noncompliance set forth in Appendix A to the cover letter.
In proposing to impose a civil penalty, the factors icentified 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, and the " Criteria for Determining Enforcement Action," which was sent to NRC licensees on December 31, 1974, have been taken into account.
Consolidated Edison Company may, within twenty-five (25) days of the date of this notice pay the civil penalty in the cumulative amount of Five Thousand Dollars (55,000) or may protest the imposition of tne civil penalty in whole or in part by a written answer.
Should Consolidated Edison Company fail to answer within the time specified, this office will issue an order imposing the civil penalty in the amount proposed above.
Should Consolidated Edison Company e'ect to file an answer protesting the civil penalty, such an answer may (a) deny the item of noncompliance listed in the Notice of Violation in whole or in Dart, (b) demonstrate extenuating circumstances, (c) show error.in the Notice of Violation, or (d) show other reasons why the penalty should not be imposed.
In acdition to protesting the civil penalty in wnole or in part, such answer may request remission or mitigation of the penalty.
Any written answer in accordance with 10 CFR 2.205 should be set forth separately from the statement or explanation in reply pursuant to 2.201, but may incorporate by specific reference (e.g.,
giving page and paragraph numbers) to avoid repetition.
Consolidated 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, nearings and ensuing orders; compromise, and collection.
Upon failure to pay any civil penalty due which has been subsequently determined in accordance with tne applicable provisions of 10 CFR 2.205, the matter may be referred to the Attorney General, and the penalty, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section 234.c of the Atomic Energy Act of 1954, as amended (42 USC 2282).
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