ML20073A261

Expresses Agreement w/SECY-92-111 Proposal to Issue Severity Level III NOV to Plant But Refrain from Imposing Stated Civil Penalty

ML20073A261
Person / Time
Site:	Byron
Issue date:	04/10/1992
From:	Curtiss J NRC COMMISSION (OCM)
To:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
Shared Package
ML20024G666	List: CLI-90-08, Forwards Three Ltrs from Utils Addressing Actions Prior to Issuance of Possession Only Licenses.Utils Found CLI-90-08 Incosistent w/SECY-89-247 Which Authorizes Licensee to Stop Maintaining Plant in Condition for Return to Power DCL-89-155, Response to Re Backfitting of Nuclear Power Reactors LD-90-005, Design Certification Licensing Review Basis Document ML20024G665 ML20024J065 ML20071J078 ML20071L328 ML20071L335 ML20071L340 ML20071L357 ML20071L363 ML20071L369 ML20071L395 ML20071L417 ML20071L444 ML20071L462 ML20071L478 ML20071L491 ML20071L665 ML20071L675 ML20071L688 ML20071L698 ML20071L702 ML20071L706 ML20071L711 ML20071L725 ML20071L730 ML20071L749 ML20071L751 ML20071L759 ML20071L794 ML20071L866 ML20071L868 ML20071L871 ML20071L879 ML20071L883 ML20071M181 ML20071M211 ML20071M262 ML20071M273 ML20071M294 ML20071M310 ML20071M317 ML20071M384 ML20071M403 ML20071M516 ML20071M521 ML20071M605 ML20071M610 ML20071M621 ... further results
References
NUDOCS 9409200185
Download: ML20073A261 (3)

Text

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NUCLEAR REGULATORY COMMISSION

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April 10, 1992 OFFICE OF THE COMMISSIONER i

l MEMORANDUM FOR:

Samuel J.

Chilk Secretary FROM:

James R.

Curtiss l

SUBJECT:

SECY-92-111 - PR SED ENFORCEMENT ACTION AGAINST THE COMMONWEALTH EDISON COMPANY'S BYRON NUCLEAR STATION I agree with the staff's proposal in SECY-92-111 to issue a Severity Level III NOV but to refrain from imposing a Civil Penalty for a contractor's discrimination against quality control personnel at Byron.

In my view, a Civil Penalty would not be appropriate in this case because --

1.

the violation in question appears to have been an isolated l

action, as evidenced by the fact that no similar problems have occurred at Byron or any other NRC-licensed CECO facility in the five-and-a-half years since this violation occurred, and 2.

28 U.S.C.

52462 would seem to preclude our enforcement / collection of a Civil Penalty' at this time --

more than five years after the violation occurred.2 To avoid potential Statute of Limitations problems in these discrimination cases in the future, the staff should initiate appropriate enforcement actions before the Statute of Limitations lapses.

In some cases, that may require the initiation of NRC enforcement actions before DOL takes final action on the discrimination complaint.

Thus, I agree with the staff's 1

See SECY-85-285: Statute of Limitations for Enforcement Actions, August 23, 1985.

2 Normally, I would not support a proposal to refrain from taking an enforcement action solely on the basis of the age of the violation.

Where a Statute of Limitations effectively t

precludes a particular enforcement remedy, however, it would make I

no sense to pursue such a remedy.

9409200185 940629 PDR COMMS NRCC CORRESPONDENCE PDR L

. proposal to initiate enforcement actions for violations involving significant discrimination issues upon receipt of the recommended decision of DOL's Administrative Law Judge in these cases.

cc:

The Chairman Commissioner Rogers Commissioner Remick l

Commissioner dePlangue OGC EDO OE 1

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