ML20151W029

Discusses Commonwealth of Ma 2.206 Petition to Obtain Funds Assessed Against Util by NRC

ML20151W029
Person / Time
Site:	Pilgrim, 05000000
Issue date:	03/30/1982
From:	Grosso A NRC
To:	NRC
Shared Package
ML20151H158	List: ML20151H156 ML20151V979 ML20151W000 ML20151W004 ML20151W012 ML20151W020 ML20151W029 ML20151W031 ML20195G358 ML20195G375 ML20195G688 ML20195G695
References
FOIA-88-198 2.206, NUDOCS 8808230180
Download: ML20151W029 (2)

Text

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l March 30,1982 i

' MEMORANDUM TO File FROM Andrew Grosso

SUBJECT 2.206 Petition by the State of Massachusetts in the Boston Edison Company Penalty Case.

Today, March 30, 1982, I spoke with Margaret N. St. Clair, Secretary to the Governor of Massachusetts, Executive Office of Energy Resources.

The subject of this conversation was the 2.206 petition which the State has filed in an attempt to obtain the funds which were assessed against the Boston Edison Company as a fine by the NRC. Boston Edison has already paid this fine by check. The State of Massachusetts is attempting to get the NRC to turn this money over, directly or indirectly, to its Executive Office of Energy Resources (E0ER) where it will be put into a trust fund for use by a public interest group involved in energy conservation.

During this conversation, I advised Ms. St. Clair that the analysis of her request was still in the legal stage. That is, the NRC was not yet considering any policy implications of the request, but rather was still considering the legal ramifications for the NRC of accomodating the request.

I asked if her office would be interested in supplying input to this legal analysis, on the theory that they had investigated it once already, for their 2.206 petition, and that they would be interested in providing as much input as possible in their own behalf. The two questions I asked them to focus on were: 1) what discretion a federal agenc dispense monies it collects in civil penalty cases; and 2) ywhat has to discretion a federal agency has to enter into settlement agreements with parties which it is considering imposing a civil penalty upon.

I also brought to the attention of Ms. St. Clair that the 2.206 petition failed to address the critical issues in the State of Massachusetts' request. Although the petition pointed out that the FTC and the Department of Energy have engaged in redirecting of civil penalty monies to third party funds, in the case of the Department of Energy there is specific statutory authority allowing DOE to do this, and in the case of the FTC, it is underneath the authority of a court i that such a settlement agreement is imposed. The FTC has no authority '

of its own to impose administrative civil penalties.

An additional benefit I see in offering the State an opportunity to once more submit their own legal analysis is that if the legal answer to this question is that the NRC cannot accede to the state's request, then 8808230100 000728-PDR FOIA JOHNSON 88-198 PDR n/i+

3 2-the State will see the legal reason for it themselves, and hopefully some political difficulties will be avoided.

Andrew Grosso e