ML20030A739
| ML20030A739 | |
| Person / Time | |
|---|---|
| Site: | 05000000, Nine Mile Point |
| Issue date: | 05/18/1981 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Damato A SENATE |
| Shared Package | |
| ML20030A741 | List:
|
| References | |
| FOIA-90-44 NUDOCS 8106230225 | |
| Download: ML20030A739 (3) | |
Text
.-
Dis tribuRion m
EDO 10469 V-
, Dircks 4 CA V.Stello, IE p 3. 9-R. DeYoung. IE J. Murray, ELD D. Thompson IE
~
L. Underwood, MPA The Honorable Alfonse D' Amato Matosko, IE United States Senate Washington, DC - 20510
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G W....
Dear Senator D' Amato:
Your constituent Mr. David deGraff, of Williamstown, comented on his perception of a lack of wisdom on the part of the Nuclear Regulatory Commissien in imposing a civil penalty of $215,000.00 on Niagara Mohawk Power Corporation.
In his letter dated April 15, 1981, Mr. deGraff notes that it is not his intent-to argue the guilt or innocence of Niagara Mohawk in this matter.
In spite of his disclaimer, we feel obligated to note that this case involved a material false statement
. by the licensee, under oath.
We did, and do, regard such matters as very serious violations, and believe that the strong enforcement actions we took were fully warranted.
Quite apart from the merits of this perticular case, ".r. deGraff vividly argues that tne ultimate payment of civil penalties such as this one, is made by consumers.
In the abstract, his obser.a;i:2 is correct, of course.
However, the question of whether or not such penalties are permitted to be reflected in the rete base o' a utility, er ::st ts take* f"cr !
ktreh:1ders' profits is a matter outside NRC's jurisdiction.
Such matters are properly controlled by State Public Utility Comissions.
In the case of New York -
State, as you know, this body is the public Service Comission ir. Albany.
We do not wish to convey any lack of sensitivity to Mr. deGraff's concerns.
We recognize that the perception of a " bungling bureaucracy" is not uncomon, particularly when that judgment is frequently-reached on the basis of press coverage.
We make a very concerted effort to exercise our regulatory authority in a tough, but'.even-handed and fair manner.
'r.'e, of course, believe that we do so.
At the same time, we acknowledge that others, like Mr. deGraff, may not share our view.
Sincerely, (Signed) T. A. H'h8 William J. Dircks 7
Executive Director for Operations Uhk f
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