ML20034D896
| ML20034D896 | |
| Person / Time | |
|---|---|
| Site: | Kewaunee  |
| Issue date: | 07/05/1979 |
| From: | Lieberman J NRC |
| To: | Thompson D NRC |
| Shared Package | |
| ML111670754 | List: |
| References | |
| FOIA-92-510 NUDOCS 9302240332 | |
| Download: ML20034D896 (1) | |
Text
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July 5,1979 Note to: Dudley Thompson Executive Offirne for Operations Support The attached document was filed on July 5,1979 by the Sta1f and Licensee in the Kewaunee civil penalty proceeding.
Please see that it receives the appropriate circulatfor in the office of Inspection and Enforcement.
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9302240332 921223 PDR FOIA WILLIAM 92-510 PDR
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ADMINISTRATIVE LAW JUDGE In the Matter of
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Docket No. 50-305 WISCONSIN PUBLIC SERVICE CORPORATION )
License No. DPR-43 (Kewaunee Nuclear Power Plant)
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JOINT STAFF AND LICENSEE MOTION TO TERMINATE CIVIL PENALTY PROCEEDING Discussions between the Staff and the Wisconsin Public Service Corporation, Licensee, have resulted in.a proposed settlement of this proceeding.
On the basis of this agreement the Licensee has agreed to withdraw its re-quest for a hearing and to pay the civil penalty in the imposed by the Director, Office of Inspection and amount Enforcement.
Accordingly, the Staff moves the Administrative Law Judge, in accordance with 10 CFR 2.203 of the Commis-sion's Rules of Practice, to approve the attached settle-ment and to enter an order terminating this proceeding.
Respectfully submitted, 1
-W n
J ames Lieberman Caunsel for NRC Staff Steven E.
Keane David A.
Baker
/,d. h a Dated at Bethesda, By Maryland, this 5th David A.
Baker 1979 Attorneys for Wisconsin Public day of AL g 4 3-3O O b~} t ~~
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I UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION BEFORE THE ADMINISTRATIVE LAW JUDGE In the Matter of
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Dochet No. 50-305 WISCONSIN PUBLIC SERVICE CORPORATION )
License No. DPR-43 (Kewaunee Nuclear Power Plant)
)
AGREEMENT BETWEEN THE STAFF AND LICENSEE CONCERNING THE KEWAUNEE CIVIL PENALTY PROCEEDING 1.
The NRC Staff and the Licensee have reeval-uated their respective positions and the evidence and correspondence in this proceeding and have come to the following conclusions:
A.
The parties agree that the pre-monitoring survey was performed inadequately to dis-cover the actual radiation field present in the reactor cavity, and a continuous high level monitoring instrument was not carried into the reactor cavity by the person making the entry.
B.
The Licensee agrees that it is responsi-ble for the acts of its employees and agents in carrying out license activities and in complying with its license condi-tions and procedures.
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C.
Contrary to any -impression which may have l
1, been conveyed in prior correspondence'in this civilipenalty proceeding, the NRC
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Staff has found that the radiation safetyi j
I history of the Kewaunee facility together.
I with. consideration of the' incident at'.
t issue indicates that the incident was an'
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isolated act and not a general reflection of the management or personnel of the j
. r company, the licensee's radiation safety l
program, and the licensee's' attitude to-ward safety and the significance of'the incident.
The licensee agrees that'the L
incident was significant.
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Both parties agree that entering into?a j
reactor cavity, especially during re--
fueling when thimbles. have been. withdrawn, requires careful.and complete surveys be-
.i cause of the potential for: severe radiation-
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i exposure.
A4 2.
The Licensee-acknowledges thatLIE Circular:
Humber 76-03 was issued. prior to this[ incident.notifyingithe -
.i Licensee of potential dangers involved in a reactor cavity l
7 entry.
The' Licensee recognizes that the potential exposures.
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4 associated with reactor cavity entry are significant.
How-t ever, the Licensee recommends that a supplemental circular
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be issued concerning entry into reactor cavities in the in-terest of alerting other licensees of the circumstances surrounding the Kewaunee incident including the variation of radioactive field intensities.
The Staff will consider the Licensee's recommendation.
3.
The Staff has reviewed the corrective action submitted by the Licensee in response to the terms of non-compliance and have found them adequate, subject to future inspections.
4.
The Licensee, while still contending the imposition of a civil penalty to be inappropriate, because of the resolution of the matters set forth above, agrees for a to pay the civil penalty and to withdraw its request hearing.
Respectfully submitted, 1
fo u ames Lieberman
- ounsel for NRC Staff Steven E. Keane David A.
Baker
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Dated at Bethesda, By Maryland, this 5th David A.
Baker day of July
, 1979 Attorneys for Wisconsin Public Service Corporation _
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UNITED STATES OF A" ERICA NUCLEAR REGULATORY C0" MISSION BEFORE THE ADMINISTRATIVE LAW JUDGE In the Matter of
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WISCONSIN PUBLIC SERVICE CORPORATION Docket No. 50-305 (Kewaunee Ndclear Power Plant)
CERTIFICATE OF__ SERVICE I hereby certify that copies of the JOINT STAFF AND LICENSEE MOTION TO TERMINATE CIVIL PENALTY PROCEEDING and the AGREEMENT BEDIEEN THE STAFF AND LICENSEE CONCERNING.
THE KEtfAUNEE CIVIL PENALTY PROCEEDING have been served on the following by deposit in the United States mail, first class, or, as indicated by an asterisk, through deposit in the Nuclear Regulatory Comission's internal mail system, this 5th day l
of July,1979.
Honorable Ivan W. Smith
- Administrative Law Judge
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Atomic Safety and Licensing Board U. S. Nuclear Regulatory Commission Washington, D. C. 20555 Steven E. Keane, Esq.
Foley and Lardner 777 East Wisconsin Avenue Milwaukee, Wiiconsin 53202 Docketing and Service Section
- Office of the Secretary
- 1 U. S. Nuclear Regulatory Comission Washington, D. C. 20555 t
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-J; mes Lieberman Counsel for NRC Staff A
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