ML20010J410

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Forwards Notice of Violation Re Failure to Meet 810701 Requirement to Implement Prompt Public Notification Sys
ML20010J410
Person / Time
Site: La Crosse File:Dairyland Power Cooperative icon.png
Issue date: 09/22/1981
From: Stello V
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To: Linder F
DAIRYLAND POWER COOPERATIVE
Shared Package
ML20010J411 List:
References
EA-81-081, EA-81-81, NUDOCS 8110020545
Download: ML20010J410 (2)


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Dairyland Power Cooperative

/s ATTN:

Mr. F. W. Linder A

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Gentlemen:

On August 19, 1980, the NRC published a revised emergency planning rule which became effective on November 3, 1980.

The rule required, among other things that each power reactor licensee demonstrate by July 1,1981, that a prompt public notification system was in place.

By a letter dated July 1, 1981, each NRC regional director. requested licensees to provide a status report by July 24, 1981, on the operability of the notification system.

Your July 29, 1981 response indicated that you had not met the July 1,1981, requirement and that prior to that date you knew, or should have known that you would not meet it.

Furthermore, you knew that the system would not be substantially completed within a short time after the deadline.

Although a majority of licensees did not meet the July 1, 1981 deadline, most of them notified the Commission prior to July that they would be unable to meet the deadline and some sought an exemption.

In view of the Commission's consideration of the extension of the compliance date, enforcement action will not be taken against those licensees who provided prior notification to the Commission.

Our records indicate that you did not inform the Commission prior to July 1, 1981, of your inability to meet that date.

The candor expected between licensees and NRC is such that we expect you to communicate in writing the status to the Commission when you know that you will be unable to meet a requirement, particularly the provisions of a major rule.

In view of your failure to provide the notification to the Commission, the NRC is taking enforcement action in your case.

Accordingly, a Notice of Violation for failure to meet the July 1, 1981 requirement is enclosed.

You are required to respond to the Notice of Violation and in preparing your response you should follow the instructions in the Appendix.

Your written reply to this letter and the results of future inspections will be considered in determining whether further enforcement action is appropriate.

CERTIFIED MAIL RETURN RECEIPT REQUESTED DESIGNMED ORIGINAL Certified By Y [

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'"8110020545 810922 PDR ADOCK 05000409 CO PDR

aw Dairyland Power Cooperative In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2 Title 10, Code of Federal Regulations, a copy of this letter and the enclosure will be placed in the NRC Public Document Room.

Sincerely, c-lginal Signed by V. Stello Victor Stello, Jr., Director Office of Inspection and Enforcement

Enclosure:

Appendix - Notice of Violation Distribution:

PDR NSIC LPDR ACRS SECY CA VStello, IE-RDeYoung, IE JHSniezek, IE DThompson, IE TBrockett, IE RWessman, IE FIngram, PA JMurray, ELD JLieberman, ELD JCrooks, AE0D JJCummings, OIA Enforcement Coordinators, RI, RII, RIII, RIV, RV IE Files Central Files EI Reading File EDO Reading File D. Crutchfield, NRR:0RB5 JJShea, NRR:0RBS Division of Health ATTN:

Lawrence J. McDonnell, Chief Radiation Protect'-

Section P.0 Box 309 Madison, Wisconsin EA.

WPU:JD EI:I EL DD D:E E

DD D:IE 9/10/81 RWesshan JLieberman G

DThc mpson RCDeYoung VStello 552L 9/lg'/81 9/jg/81 9[q/81 9/.7 /81 9/l(/81 9/ /81 l