ML20126D334

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Notice of Proposed Imposition of Civil Penalties in Amount of $100,000 Re NRC 790529 & 1106-08 Insp
ML20126D334
Person / Time
Issue date: 04/10/1980
From:
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To:
Shared Package
ML20126D330 List:
References
REF-QA-99900400 79-HQ-001, 79-HQ-1, NUDOCS 8004280142
Download: ML20126D334 (1)


Text

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9 APR 101980 1

, APPENDIX B i NOTICE OF PROPOSED IMPOSITION OF CIVIL PENALTIES The Babcock & Wilcox Company Vendor No. 99900400 4

This Office has considered the enforcement options available to the NRC including ' administrative actions in the form of written notices of noncompliance civil monetary penalties, and orders pertaining to the modification, suspension, or revocation of a license. The violations described in the Notice of Noncom-pliance are violations of 10 CFR Part 21 for which Section 206 of the Energy Reorganization Act of 1974, as amended, authorizes imposition of a civil penalty.

t Moreover, the violations are not only grounds for revoking licenses generally under Section 186 of the Atomic Energy Act of 1954, as amended, but also because of what they demonstrate regarding the qualifications and safety attitudes of the Babcock & Wilcox Company, are violations for which Babcock & Wilcox licenses could be revoked under Section 186. Consequently, the violations described in the Notice are violations for which Section 234 of the Atomic Energy Act of 1954, as amended, authorizes the imposition of civil penalties. Based on these considerations we propose to impose civil penalties pursuant to Section 206 of the Energy Reorganization Act of 1974, as amended, (42 USC 5846), Section 234

! of the Atomic Energy Act of 1954, as amended, and 10 CFR 2.205, in the cumulative amount of One Hundred Thousand Dollars for the specific items of noncompliance set forth in Appendix A to the cover letter.

The Babcock & Wilcox Company may, within twenty (20) days of receipt of this f notice, pay ,the civil penalties in the amount of One Hundred Thousand Dollars

> or may protest the imposition of the civil penalties in whole, or in part, by a written answer. Should The Babcock & Wilcox Company fail to answer within .

the time specified, this office will issue an order imposing the civil penalties in the amount proposed above. Should The Babcock & Wilcox Company elect to '

file an answer protesting the civil penalties, such answer may (a) deny the items of noncompliance listed in the Notice of Noncompliance in whole or in part, (b) demonstrate extenuating circumstances, (c) show errer in the Notice of Noncompliance, or (d) show other reasons why the penalties should not be imposed.

In addition to protesting the civil penalties in whole or in part, such answer ,

may request remission or mitigation of the penalties. Any written answer in accordance with 10 CFR 2.205 should be set forth separately from the statement -

or explanation in reply pursuant to 10 CFR 2.201, but may incorporate by specific -;

reference (e.g. , giving page and paragraph numbers) to avoid repetition.

The Babcock & Wilcox Company's attention is directed to the other provisions of 10 CFR 2.205 regarding, in particular, failure to answer and ensuing orders; answer, consideration by this office, and ensuing orders; raquests for hearings; hearings and ensuing orders; compromise; and collection.

Upon failure to pay any penalty due, which has been subsequently determined in l accordance with the applicable provisions of 10 CFR 2.205, the matter may be ,

l referred to the Attorney General, and the penalty, unless compromised, remitted, or mitigated, may be collected by civil action.

t 800.4280142 O

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