ML20138C681

Ack Receipt of 850718 Response to 850606 Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $25,000. Violation Did Occur & Appropriately Classified at Severity Level Iii.Addl Mitigation of Penalty Unwarranted

ML20138C681
Person / Time
Site:	Byron
Issue date:	12/09/1985
From:	Taylor J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To:	Oconnor J COMMONWEALTH EDISON CO.
Shared Package
ML20138C686	List: ML20138C681 ML20138C730
References
EA-85-052, EA-85-52, NUDOCS 8512130069
Download: ML20138C681 (3)

Text

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'o UNITED STATES 8 n NUCLEAR REGULATORY COMMISSION g WASHINGTON, D. C. 20566

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DEC 0 9 E85 y.... . .

? D AL Docket No. 50-454 EA 85-52 Commonwealth Edison Company ATTN: Mr. James J. O'Connor President Post Office Sox 767 Chicago, IL 60690 Gentlemen:

This acknowledges receipt of your letter dated July 18, 1985 in response to the Notice of Violation and Proposed Imposition of Civil Penalty sent to you with our letter dated June 6,1985. The Notice of Violation sets out a violation identified during a special NRC physical protection inspection conducted at your facility on March 11, 1985. To emphasize the importance the NRC places on maintaining adequate access controls into vital areas of your facility and the need to ensure compensatory measures do not degrade security systems that would normally be in effect, a civil penalty of $25,000 was proposed.

We have carefully considered your response in which you admitted the facts as set forth in the Notice of Violation and Proposed Irposition of Civil Penalty but felt the violation should have been classified at a Severity Level IV to reflect the safety significance of the violation. We have also given careful consideration to your request for additional mitigation of the proposed civil penalty. For the reasons given in the Appendix attached to the enclosed Order Imposing Civil Penalty, we have concluded that the violation did occur and is appropriately classified at a Severity Level III.

We have also concluded that additional mitigation of the civil penalty is not warranted in this case. Accordingly, we hereby serve on Conrnonwealth Edison Company the enclosed Order Imposing a Civil Monetary Penalty in the amount of Twenty-Five Thousand Dollars ($25,000). We will review the effectiveness of your corrective actions during a subsequent inspection.

In accordance with Section 2.790 of the NRC's " Rules of Practire," Part 2, Title 10, Code of Federal Regulations, a copy of this 'etter and the enclosure will be placed in the NRC's Public Do:ument Room.

Sincerely, 0512130069 851209 PDR ADOCK 05000454 G PDR ,,-a. -(

sM.Tayla]y, Director fice of Inspection and Enforcement

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Enclosure:

Order Iniposing Civil nf -

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Monetary Penalty with Appendix, y %, . ,

l Evaluation and Conclusions er -5 , m. . . ..

I CERTIFIED MAIL mpatanma N"9 gr m w n n.a u n n M L E U.i a ,14 uo RETURN RECEIPT REQUESTED l

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carr 'ine parnm aa nnu l BHff. @ mivmmunm Connonwealth Edison Company DEC 0 91985 l

cc w/ Order but w/o Safeguwds Information D. L. Farrar, Director of Nuclear Licensing V. I. Schlosser, Project Manager Gunner Sorenson, Site Project Superintendent R. E. Querio, Plant Manager Phyllis Dunton, Attorney General's Office, Environmental Control Divison D. W. Cassel, Jr., Esq.

Diane Chavez, DAARE/ SAFE H. S. Taylor, Quality Assurance Div.

Sargent & Lundy i

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[D4 SAFEGUARDS INF;ii?ATI'4.

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Commonwealth Edison Company DEC 0 91985 PDR LPDR SECY ACRS CA JMTaylor, IE RVollmer, IE JGKeppler, RIII*

JAAxelrad, IE VStello, DED/ROGR JLieberman, ELD .

Enforcement Coordinators RI, RII, RIII, RIV, RV JCollins, IE EHoller, IE*

FIngram, PA BHayes. 01 SConnelly, 01A JCrooks, AE00 HDenton, NRR L. Olshan, NRR Licensing Fee Management Branch Resident Inspection, Byron .

RBurnett, NMSS i IE/EA File IE/ES File

• Safeguards Information incl.

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