ML20054F723

Forwards Payment of Penalties Re 801211 Notice of Violation & Proposed Imposition of Civil Penalties.Payment Due to Costs to Carry Matter to Conclusion Requiring Extensive Litigation.Liability Remains Disputed

ML20054F723
Person / Time
Site:	Indian Point
Issue date:	06/09/1982
From:	Brandenburg B CONSOLIDATED EDISON CO. OF NEW YORK, INC.
To:	Bickwit L NRC OFFICE OF THE GENERAL COUNSEL (OGC)
Shared Package
ML100321610	List: ML100321614 ML20054F723
References
EA-81-011, EA-81-11, NUDOCS 8206170250
Download: ML20054F723 (3)

Text

Brent L Br ndenburg s.uam Gem cww Consohdated Ec: son Company of New York,Inc.

4 Irving Place, New York, N Y 10003 f

Telephone (212)460 4333 June 9, 1982 Leonard Bickwit, Jr., Esq.

General Counsel U.

S.

Nuclear Regulatory Commission Washington, D.C.

20555 Re:

United States of America and United States Nuclear Regulatory Commission v. Consolidated Edison Company of New York, Inc.

Docket No. 81 Civ. 4347 (GLG)

Dear Mr. Bickwit,

This letter relates to our continuing dispute over the NRC's enforcement actions growing out of the December 11, 1980 Notice of Violation and Proposed Imposition of Civil Penalties, EA 81-11.

As you know, we have vigorously contested the NRC's claims of liability for civil penalties, based upon what we believe to have been erroneous applications of NRC re-gulations, the lack of clarity of the interim enforcement po-licy which formed the basis for the penalty claim, and the fact that the NRC had ratified the course of conduct at issue through its oversight activities.

Moreover, the NRC's own conclusion that the events complained of lacked safety significance would preclude the imposition of a civil penalty under the Commission's own enforcement guidelines.

While we do not retreat from these positions we have taken throughout this dispute, and do not acknowledge our responsibility for any civil penalties as a result of the events in question, the extensive litigation to date has led us to conclude that the costs of carrying the matter to a conclusion would far exceed the amount in dispute.

Furthermore, continued litigation would create the likelihood of substantial distraction to Company management.

Consequently, pursuant to the understanding reached with the Office of the United States Attorney for the Southern District of New York, our payment, which is enclosed, consti-tutes full accord and satisfaction of all civil penalties and other NRC liabilities which have been or may be asserted against i

Consolidated Edison, or its officers, trustees or employees,

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under either the NRC's December 11, 1980 Notice of Violation and Proposed Imposition of Civil Penalties, the March 2, 1981 l

t B206170250 820609 DR ADOCK 05000247 PDR

1 Order Inposing Civil Monetary Penalties, or the events occur-ring in or about October 1980 as referred to in the foregoing documents.

Very ruly yo s,

i

'l Brent L. Brandenbur i

Enclosure cc:

Mr. Richard C. DeYoung Director Office of Inspection & Enforcement i

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