ML20033G433
| ML20033G433 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 03/27/1990 |
| From: | Thompson H NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK |
| Shared Package | |
| ML20033G430 | List: |
| References | |
| EA-89-155, NUDOCS 9004090445 | |
| Download: ML20033G433 (5) | |
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UNITED STATES NUCLEAR REGULATORY C0fttI5510N In the Matter of Docket No.
50-286 NEW YORK POWER AUTHORITY License No.
DPR-64 Indian Point 3 Nuclear Power Plant EA 89-155 ORDER IMPOS!!;G A CIVll MONETARY PENALTY I
New York Power Authority, White Plains, New York, (the " licensee") is the holder of License No. DPR-64 (the " license") issued by the Nuclear Regulatory Comission (the " Commission" or "NRC") on April 6,1970 which authurizes the operation of the Indian Point 3 nuclear reactor in Buchanan, New York, in accordance with the conditions specified therein.
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An NRC physical security inspection of the licensee's activities under the license was conducted on June 5-7, 1989. During the inspection, the NRC staff i
determined that the licensee had not conducted its activities in full compliance with NRC requirements. A written Notice of Violation (Notice) and Proposed Imposition of Civil Penalty was served upon the licensee by letter dated September 19, 1989. The Notice stated the nature of the violations, the provisions of the Nuclear Regulatory Conunission's requirements that the licensee had violated, and the civil penalty amount for the violations. A response, dated October 17, 1989, to the Notice of Violation and Proposed Imposition of Civil Ferelty, was received from the licensee.
In its response, the licensee:
(1) denied violations A and D; (2) adraitted Violations B and C, but requested reassessment of the severity level of the violations; and (3) requested retaission of the civil penalty.
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III Upon consideration of the licensee's response and the statements of fact, explanation, and argument for cental of the violations, for reassessment of the severity level of the admitted violations, and for remission of the proposed civil penalty contained therein, the Deputy Executive Director for Nuclear Materials Safety, Safeguards and Operations Support has determined that the violations occurred as stated in the Notice and were appropriately categorized in the aggregate at Severity Level III, and that the penalty proposed for the violations designated in the Notice of Violation and Proposed Imposition of Civil Penalty should be imposed.
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i In view of the foregoing and pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2282, PL 96-295), and 10 CFR 2.205, IT IS HEREBY ORDERED THAT:
The licensee pay a civil penalty in the amount of Fifty Thousand Dollars
($50,000) within 30 days of the date of this Order, by check, draft, or money order, payable to the Treasurer of the United States and mailed to the Director, Office of Enforcenent, U.S. Nuclear Regulatory Commission, ATTH: Docunent Control Desk, Washington, D.C.
20555.
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The licensee may request a hearing within 30 days of the date of this Order. A request for a hearing shall be clearly marked as a " Request for an Enforcement Hearing" and shall be addressed to the Director Office of Enforcement, U.S.
Nuclear Regulatory Comission, ATTN: Document Control Desk, Washington, D.C.
20555, with copies to the Assistant General Counsel for Hearings and Enforcement at the same address and the Regional Administrator, NRC Region I, 475 Allendale Rcad, King of Prussia, Pennsylvania 19406.
If a hearing is requested, the Comission will issue an Order designating the time and place of the hearing.
If the licensee fails to request a hearing within 30 days of this Order, the provisions of this Order shall be effective without further proceedings.
If payment has not been made by that time, the matter may be referred to the Attorney General for collection.
In the event the licensee requests a hearing as provided above, the issues to be considered at such hearing shall be:
(a) whether the licensee was in violation of Comission requirements as set forth in Violations A and D of the Notice of Violation and Proposed Imposition of Civil Penalty referenced in Section II above, (b) whether Violations A, B, C, and D were appropriately classified in the aggregate at Severity Level III, and
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' (c) whether, on the basis of the admitt d and contested violations, this Order should be sustained.
FOR THE NUCLEAR REGULATORY COMMISSION Hu L. Thompson, r.
Deputy Executive irec for Nuclear Materials, Safety, Safeguards and Operations Support Dated at Rockyllle, Maryland this 27th day of March 1990 i
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" New York Power Authority DISTRIBUTION: w/enci(w/oSGI):
Region 1 Docket Room (w/ concurrences)
I PDR SECY CA 1
JTaylor, EDO HThompson, DEDS WRussell, RI JLieberman,OE(w/SGI)
JGoldberg, OGC Titurley, NRR JPartlow, NRR Enforcement Coordinators RI, RII, RIII, RIV, RV FIngram,GPA/PA EJordan, AE00 BHayes 01 DWilliams, OIG VMiller, GPA/SP DRosano,OE(w/SGI)
OE:Chron OE:EA DCS i
i RRosano WRussell JGoldberg JLieberman HTh n
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