ML20009B559
| ML20009B559 | |
| Person / Time | |
|---|---|
| Site: | Palisades  |
| Issue date: | 07/14/1981 |
| From: | Smith I Atomic Safety and Licensing Board Panel |
| To: | Reynolds J, Stello V CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.), NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| References | |
| NUDOCS 8107160291 | |
| Download: ML20009B559 (2) | |
Text
'
5
.c.
2' I I 7
UNITED STATES OF AMERICA Dockrsta N
6 usum 3s NUCLEAR REGULATORY COMMISSION l.,
i JUL 141981
- d t
JUL 1519815.'
Of$d!/ygtp,7 9
CA W,. 7 p / THE ADMINISTRATIVE LAW JUDGE s
N Ivan W. Smith kh y
yj MY, t t/*
c SERVEDjfjgjd In the Matter of
)
)
Docket No. 50-255 19g7 CONSUMERS POWER COMPANY
)
License No. DPR-20
)
(Civil Penalty)
(PalisadesNuclearPowerFacility)
)
July 14, 1981 MEMORANDUM AND OP. DER APPROVING SETTLEMENT AGREEMENT AND TERMINATING PROCEEDING By a joint motion dated June 30, 1981 the NRC Staff and the Licensee seek approval under 10 CFR 2.203 of a settlement agreement of the same date.
The proposed settlement contains some admissions by the Licensee, and notes that the Staff has reviewed and approved all necessary corrective actions by the Licensee. The agreement also observes that,the number of days that the
~
Licensee was in violation of the applicable technical specification is sub-1 ject to dispute. The parties agree to a reduction of the civil penalty from
$450,000 to $225,000.
I have reviesced the November 9, 1979 Notice of Violation and all of the pleadings filed in this proceeding'. The parties have engaged in extensive discovery which I have monitored and regulated.
It is clear that they have entered into the settlement agreement as well informed as the circumstances of the violation would permit. Although the reasons for the precise amount f0 S oll 8107160291 810714 PDR ADOCK 05000255 G
o 2-of the civil penalty is not explained, it appears to be a quotient. compromise, whichconsideringallofthelegalandfactualuncertainties,isapracticdl solution. All in all the settlement agreement appears to be reasonable and
/
is approved.
It is therefore ordered that the terms and conditions of the agreement of June 30, 1981 between Victor Stello, Jr., Director, Office of Inspection and Enforcement, and J. W. Reynolds, Executive Vice President, Consumers Power Company become the order of this proceeding and, for that reason, the proceeding is tenninated.
~
gf/
JW Ivan W. Smith ADMINISTRATIVE LAW JUDGE i
Bethesda, Maryland y
July 14, 1981 l
.e., - - -..-, -. - - - - - -. ~.
-