ML20129C506

EN-96-076:on 961009,notice of Proposed Imposition of Civil Penalty in Amount of $160,000 Issued to Licensee.Action Based on Severity Level II Problem Involving Two Violations of 10CFR50.7, Employee Protection

ML20129C506
Person / Time
Site:	Perry
Issue date:	10/04/1996
From:	Lieberman J, Stein M NRC OFFICE OF ENFORCEMENT (OE)
To:
References
EA-96-253, EN-96-076, EN-96-76, NUDOCS 9610240043
Download: ML20129C506 (1)

Text

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October 4, 1996 EN 96-076

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OFFICE OF ENFORCEMENT NOTIFICATION OF SIGNIFICANT ENFORCEMENT ACTION Licensee: Centerior Service Com)any (EA 96-253)

(Perry Nuclear Power 31 ant)

Docket No. 50-440 Sub.iect: PROPOSED IMPOSITION OF CIVIL PENALTY - $160,000 This is to inform the Commission that a Notice of Violation and Proposed Imposition of Civil Penalty in the amount of $160,000 will be issued on or about October 9.1996, to Centerior Sevice Company. The action is based on a Severity Level II problem involving two violations of 10 CFR 50.7, " Employee Protection." As determined in the DOL Administrative Law Judge's (ALJ)

Recommended Decision and Order in case 96-ERA-6, dated June 11, 1996, the licensee instructed its contractor to terminate one insulator from his employment at the Perry Nuclear Power Plant and banned him and five additional insulators from working at any Centerior facility in retaliation for the insulators filing a civil complaint under the Atomic Energy Act. The violation is categorized at Severity Level II because it appears from the ALJ's decision that management above first line supervision was involved in the discrimination.

In accordance with the Enforcement Policy, a base civil penalty in the amount of $80,000 is considered for a Severity Level II problem. Based on its review, the staff determined that the licensee should not be given credit for identification and its corrective actions. This results in a proposed civil penalty of $160,000 (twice the base amount).

It should be noted that the licensee has not been specifically informed of the enforcement action. The schedule of issuance and notification is:

Mailing of Notice October 9, 1996 Telephone Notification of Licensee October 9, 1996 l

The State of Ohio will be notified. l The licensee will be permitted to defer its response on the proposed civil penalty until 30 days after the DOL Administrative Review Board's decision in ,

this case. Following NRC evaluation of the response, the civil penalty may be I remitted, mitigated, or imposed by Order. j Contacts: Michael Stein OE, 415-3055 J. Lieberman, OE, 415 2741 Distribution i OWFN OWFN T14FN Regional Offices Chairman Jackson EDO OC RI RIV .

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Comm. Dicus DEDS OP CTR RIII SECY DE NMSS OCA OGC IRM MAIL PA NRR OIG NUDOCS IP 01 RES PUBLIC SP ACRS PRELIMINARY INFORMATION - NOT FOR PUBLIC DISCLOSURE UNTIL VERIFICATION THAT LICENSEE HAS RECEIVED ACTION 9610240043 961004

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