ML20140C954

Responds to Re Investigation Involving Matl False Statement.Nrc Policy of Levying Civil Penalties on Licensee Instead of Individual Elucidated.Violations Addressed in D Alabach Under Consideration for Enforcement

ML20140C954
Person / Time
Site:	Cook, 05000000
Issue date:	07/17/1984
From:	Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Hillis E HOUSE OF REP.
Shared Package
ML20140C961	List: IA-84-478, Forwards Press Release 84-69 Re NRC Reduction of Fine for 1983 Violation.Pressure Sensing Device Capped.Fine Reduced Due to Short Duration of Violation,Small Size of Reactor & Comparable Enforcement Actions IA-85-478, Forwards Press Release 85-3 Re NRC Ad Hoc Advisory Committee for Review of Enforcement Policy Request for Public Comments on Enforcement Policy IR 05000366/1983023 IR 05000409/2005031 ML20140C954 ML20140C962 ML20140H544 ML20140H550 ML20140H555 ML20140H562 ML20140H574 ML20140H591 ML20140H596 ML20140H616 ML20140H623 ML20140H639 ML20140H646 ML20140H658 ML20140H670 ML20140H705 ML20140H721 ML20140H745 ML20140H751 ML20140H763 ML20140H779 ML20140H784 ML20140H789 ML20140H812 ML20140H816 ML20140H822 ML20140H834 ML20140H839 ML20140H843 ML20140H855 ML20140H860 ML20140H867 ML20140H873 ML20140H880 ML20140H886 ML20140H890 ML20140H894 ML20140H900 ML20140H915 ML20140H919 ML20140H926 ML20140H931 ML20140H940 ML20140H945 ML20140H956 ML20140H962 ... further results
References
FOIA-85-478 NUDOCS 8408010318
Download: ML20140C954 (2)

Text

- - C/Fr

- A em UNITED STATES

[ g NUCLEAR REGULATORY COMMISSION g,/C, g E W ASHINGTON, D. C. 20655 S he it)Al V Y' ' -

'% , , , , , # , JUL 17 1984 The Honorable Elwood H. " Bud" Hillis  !

United States House of Representatives Washington, DC 20515

Dear Congressman Hillis:

This letter is in response to your letter to Mr. Carlton Kamerer,  !

Director, Office of Congressional Affairs, dated June 20, 1984, concerning an investigation involving material false statements at the D.C. Cook '

Nuclear Plant. '

In that. letter you requested comments on a letter received from Mrs. Dorothy  !

Alabach concerning the NRC policy of fining a utility for a noncompliance as -

opposed to taking action against the responsible individual. It is the NRC's policy that the responsibility for safe operation of NRC-licensed facilities '

lies with the licensee. As a result, only rarely are actions taken against individuals. Actions against individuals are considered when violations -

were caused by the negligence of individuals rather than by factors that were within the licensee's responsibility.

With regard to fines, civil penalties are an intermediate sanction between a  !

notice of violation and license suspension. Civil penalties are proposed to emphasize our concerns regarding the need for better control of licensed activities. A civil penalty gives a clear message to the licensee, its employees, and other licensees that NRC considers the violation to be significant. Although we recognize that a civil penalty may have a financial impact on the ratepayers, the impact is small compared with the cost of a t single day of license suspension. In addition, some states require that the burden of a civil penalty be borne by the stockholders of a utility instead of by the ratepayers. -

With regard to the D.C. Cook case, the Consnission has under consideration '

civil enforcement action for the violations addressed by Mrs. Alabach. In -

addition, the case has been referred to the Department of Justice for consideration for criminal prosecution.

! Sincerely, '

) -

l -

(.Tped)'Mlliam 1. Dirks

/h t ve D ector for Operations I

h [

t

s ON AL 17 IB4 The Honorable Elwood H. " Bud" Hillis United States House'of Representatives [

Washington, DC 20515

Dear Congressman Hillis:

This letter is in response to your letter to Mr. Carlton Karrinerer, Director, Office of Congressional Affairs, dated June 20, 1984, concerning an investigation involving material false statements at the D.C. Cook Nuclear Plant.

In that letter you requested comments on a letter received from Mrs. Dorothy Alabach concerning the NRC policy of fining a utility for a noncompliance as opposed to taking action against the responsible individual. It is the NRC's policy that the responsibility for safe operation of NRC-licensed facilities lies with the licensee. As a result, only, rarely are actions taken against 4

individuals. Actions against individuals are considered when violations i

were caused by the negligence of individuals rather than by factors that were within the licensee's responsibility. -

With regard to fines, civil penalties are an intermediate sanction between a .

notice of violation and license suspension. Civil penalties are proposed to emphasize our concerns regarding the need for better control of licensed activities. A civil penalty gives a clear message to the licensee, its employees, and other licensees that NRC considers the violation to be significant. Although we recognize that a civil penalty may have a financial impact on the ratepayers, the impact is small compared with the cost of a single day of license suspension. In addition, some states require that the burden of a civil penalty be borne by the stockholders of a utility instead of by the ratepayers.

With regard to the D.C. Cook case, the Commission has under consideration 't civil enforcement action for the violations addressed by Mrs. Alabach. In addition, the case has been referred to the Department of Justice for consideration for criminal prosecution, i

Sincerely, l (Signed) William L Dircks i

William J. Dircks  :

Executive Director for Operations l

I Distribution ,

EDO 14558 (Margo) CA RCDeYoung, IE GCunningham, ELD-JTaylor, IE IE:ES File  !

JAAxelrad, IE JDouglas, IE PFarron, IE ED0 Reading JKepplern RIII Docket File r IE:ES Eh- IE ED0 PFarron:dgb J 6 1r RC Young WJDircks 7/(/84 L /84 7/O/84 7/ /84 l (7/f/84 7/u

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