ML20062A569

Ack Receipt of & Full Payment of Civil Penalty Proposed in NRC 820512 Enforcement Action.Violation Correctly Categorized as Security Level III Due to History of Containment Integrity Violations

ML20062A569
Person / Time
Site:	Palisades
Issue date:	06/30/1982
From:	Lieberman J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To:	Dewitt R CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.)
References
EA-82-025, EA-82-25, NUDOCS 8208040040
Download: ML20062A569 (2)

Text

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/E SM oes IEIHLFILEC0rr JUN 3 01982 Docket No. 50-255 License No. DPR-20 EA 82-25 Consumers Power Company ATTN: R. B. DeWitt Vice President Nuclear Operations 212 West Michigan Avenue Jackson, MI 49201 Gentlemen:

This will acknowledge receipt of your letter dated June 10, 1982 and receipt of your check in the amount of $16,000 in full payment of the civil penalty proposed in the NRC enforcement action dated May 12, 1982.

Your response stated that while you admit that the violation was correct, you find it necessary to protest categorization of the containment integrity violation as Severity Level III. The reasons stated as the bases of your assertion were also presented to the NRC during the March 31, 1982 management meeting held at the Palisades facility. Your assertion that Severity Level III violations are significant violations which must involve one or more of five ,

points is not correct. As stated in Section III of the Enforcement Policy (47 FR 9987) Severity Level III violations are cause for significant concern.

The examples provided in the Supplements to the Enforcement Policy are neither exhaustive nor controlling. Given the history of enforcement actions concerning containment integrity violations at the Palisades facility, the violation was correctly categorized as Severity Level III.

The corrective actions taken and planned will continue to be monitored by NRC Region III personnel.

Sincerely, h/

James Lieberman, Acting Director of Enforcement Office of Inspection and Enforcement cc: J. W. Reynolds, Executive Vice President, Energy Supply D. P. Hoffman, Nuclear Licensing Administrator R. W. Montr s, plant General Manager ES: E ES- \

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, State of Michigan l ATTN: Hon. Frank J. Kelly i

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Long Commerce Park P.O. Box 30221 i Lansing, MI 48909 Department of Public Health Division of Radiological Health l ATTN: Donald E. VanFarowe Chief i 3500 N. Logan St.

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