ML19343B704

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Notice of Proposed Imposition of Civil Penalty in Amount of $4,000 for Item of Noncompliance Noted in IE Insp on 800723
ML19343B704
Person / Time
Site: Dresden  Constellation icon.png
Issue date: 12/19/1980
From:
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To:
Shared Package
ML19297C358 List:
References
EA-81-007, EA-81-7, NUDOCS 8012300130
Download: ML19343B704 (1)


Text

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l Accendix B l

NOTICE OF PROPOSED IMPOSIT:CN OF A CIVIL PENALTY Commonwealth Edison Company

. Docket Nos.50-010 50-237 50-249 EA-81-07 This office proposes to impose a civil penalty 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 Four Thousand Dollars ($4,000) for the specific item of noncompliance set forth in Appendix A to the cover letter.

In pro-posing to impose a civil penalty pursuant to this section of the Act and in fixing the proposed amount of the penalty, the factors identified in the Statements of Consideration published in the Federal Register with the rule making action wnich adopted 10 CFR 2.205 (25 FR 16894) August 26, 1971; the

" Criteria for Determining Enforcement Actions," which was sent to NRC licensees on December 31, 1974, as supplemented by the " Criteria for Enforcement Action for Failure to comply with 10 CFR 71," which was sent to NRC licensees on December 3, 1979, have oeen taken into account.

Com onwealth Edison Company may, within twenty-five (25) days of the date of the notice oay the civil penalty in the cumulative amount of Four Thousand Dollars ($4,000) or may protest the imposition of the civil penalty in whole or in part by a written answer.

Should Commonwealth 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 Commonwealth Edison Company elect to +ile an answer protesting the civil penalty, such answer may (a) deny the item 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 penalty should not be impcsed.

In addition to protesting the civil penalty in whole 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 10 CFR 2.201, but may incorporate by specific reference (e.g., giving page and paragraph numbers) to avoid repetition.

Commonwealth 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 nearings, hearings and ensuing orders; ccmpromise; and collection.

Upon failure to pay any civil penalty cue which has been subse';uently determined in accordance with the applicable orovisions of 10 CFR 2.205, the matter may be referred to the Attorney General and the penalty, unless com:romised, remitted, or mitigated, may be collected by civil action pursuant to Section 234c of the Atcmic Energy Act of 1954, as amended (42 USC 2282).

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