ML20077C738
| ML20077C738 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 05/17/1991 |
| From: | Ralph Beedle POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK |
| To: | Lieberman J NRC OFFICE OF ENFORCEMENT (OE) |
| References | |
| IPN-91-019, IPN-91-19, NUDOCS 9105230211 | |
| Download: ML20077C738 (2) | |
Text
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May 17,1991 IPN 91-019 Mr. James Ue' erman o
Director, Office of Enforcement U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attn: Document Control Desk
Subject:
Indian Point 3 Nuclear Power Plant Docket No. 50-286 Order Imposing Civil Monetary Penalty
References:
1.
Letter from Mr. Thomas T. Martin to Mr. John C. Brons, dated December 7,1990, entitled, " Notice of Violation and Proposed Imposition of Civil Penalty $50,000 (NRC inspection Report 50 286/90-16)."
2.
Letter from Mr. John C. Brons to Director, Office of Enforcement, dated January 18,1991, entitled, ' Indian Point 3 Nuclear Power Plant Reply and Answer to Notice of Violation and Proposed imposition of Civil Penalty Regarding NRC Inspection Report No. 50-286/90-16."
3.
Letter from Mr. James H. Sniezek to Mr. R. Beedle, dated April 19,1991, entitled, " Order imposing Civil Monetary Penalty - $50,000."
Dear Mr. Ueberman:
In Reference (1), the NRC Staff issued a Notice of Violation and proposed a $50,000 civil penalty against the New York Power Authority for alleged operator inattentiveness at Indian L
Point 3. The Power Authority responded in Reference (2) requesting that the NRC Staff withdraw bc4Q the Notice of Violation and Proposed Civil Penalty. The NRC Staff issued its Order in Reference G8' (3) imposing the proposed civil penalty in full.
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So The Power Authority is disappointed that the NRC Staff has not seen fit to withdraw the a
NOV or mitigate the civil penalty. The Power Authority believes that there is a valid distinction to ES be made between actual operator inattentiveness and the appearance of operator inattentiveness (which is at the heart of this case), We certainly do not condone either, and have taken aggressive 0>
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s 2-steps to assure that our operators are both attentive in fact and also appear to be attentivo. But from a regulatory perspective, wo believe that the severity of the enforcement action taken by the
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NRC Staff is disproportionate to the gravity of the allegod conduct. The Power Authority also believes that the proposed civil penalty should have been mitigated becauso its corrective actions woro prompt and comprehensive.
Novortheless, upon consideration of our options, we have decided to waivo our right to a j
hcaring and to put this event behind us. We desire to move forward with our licensed activities, j
and with our relationship with the NRC, in a constructive manner, Accordingly, the Power Authority has determined to pay the civil penalty. Enclosed horowith is our check for $50,000 in full payment of that penalty.
1 if you have any questions regarding this matter, please contact me.
Very truly yours, t
r
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Q-Ralph E. Boodle Executivo Vice President Nuclear Generation cc: U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Resident inspector's Office Indian Point 3 U.S. Nuclear Regulatory Commission P.O. Box 337 Buchanan, NY 10511 Mr. Francis J. Williams Jr., Project Manager Propct Directorata 11 Division of Reactor Projects 1/11 U.S. Nuclear Regulatory Commission Mail Stop 1482 Washington, DC 20555
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