ML20198J755

Notice of Hearing Before Judge Iw Smith Re Whether Licensee Violated NRC Requirements Per 850812 Notice of Violation & Proposed Imposition of Civil Penalty & Sustenance of Order. Date of Hearing Will Be Set by Judge.Served on 860530

ML20198J755
Person / Time
Site:	Three Mile Island
Issue date:	05/03/1986
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:
References
CON-#286-327 CIV-PEN, EA-84-137, NUDOCS 8606030200
Download: ML20198J755 (3)

Text

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Y UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISS s g@jj/g/

'9 COMMISSIONERS: g1 Nunzio J. Palladino, Chainnan '  ?.Ic3

.. Thomas M. Roberts  % v James K. Asselstine 9 S' 5 /

Frederick M. Bernthal . s Lando W. Zech, Jr. *I -

) SEK. -- MAY3019%

In the Matter of )

) Docket No. 50-320-CArMo GPU NUCLEAR ) License No. DPR-73

) EA 84-137 (Three Mile Island, Unit 2)

NOTICE OF HEARING General Public Utilities Nuclear Corporation (GPU Nuclear or licensee), Parsippany, New Jersey is the holder of Operating License No.

DPR-73 issued by the Nuclear Regulatory Commission (NRC). The licanse was issued on February 8, 1978 and modified by Order on July 20, 1979.

The NRC's Office of Investigations (01) conducted nine investiga-tions into allegations dealing with various items involving management integrity at the Three Mile Island Nuclear Station. The NRC staff subsequently reviewed the reports and other pertinent materials and documented its review in Supplement 5 to the Safety Evaluation Report (SER) on TMI-1 Restart (NUREG-0680, Supplement 5). As a result of the review, an apparent violation of NRC requirements was identified.

On August 12, 1985, the Director, Office of Inspection and Enforcement, pursuant to the authority in Section 234 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2282), and 10 C.F.R. 2.205, 8606030200 860530 PDR ADOCK 05000320 ,

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2 served on the licensee a Notice of Violation and Proposed Imposition of Civil Penalty. This Notice alleged that Richard D. Parks, a Bechtel employee, was discriminated against for engaging in protected activities

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in reporting safety problems to management, requesting assistance from the NRC, and coninencing a proceeding with the Department of Labor. By letter dated October 21, 1985, the licensee denied the allegations.

On March 4,1986 the NRC issued an Order Imposing Civil Monetary Penalty. 51 Fed. Reg. 8581 (March 12, 1986). The Order required the licensee to pay a civil penalty in the amount of $64,000 and provided an

, opportunity to request a hearing on the Order.

In a letter dated March 20, 1986 the licensee responded by request-ing a hearing with respect to the Order Imposing Civil Monetary Penalty.

Pursuant to the Atomic Energy Act of 1954, as amended, and the regulations in Title 10, Code of Federal Regulations, Part 2, notice is hereby given that a hearing will be held before the Honorable Ivan W.

Smith, Administrative Law Judge, at a time to be set by the Administra-1 tive Judge.

The issues before the Administrative Law Judge to be considered and decided will be, as stated in the March 4,1986 Order imposirg Civil Moretary Penalty, (1) whether the licensee violated NRC requirements as set forth in the Notice of Violation and Proposed imposition of Civil Penalty issued on August 12, 1985 and (2) whether, on the basis of such violation, the Order should be sustained.

1 Pursuant to 10 C.F.R. 2.705, an answer to this Notice may be filed by the licensee within 20 days after service of this Notice of Hearirg.

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3 A prehearing conference will be held by the Administrative Law Judge at a date and place to be set by the Administrative Law Judge to consider pertinent matters in accordance with the Comission's Rules of Practice. The date and place of hearing will be set at or after the prehearing conference and notice in the Federal Register.

Required papers shall be filed by mail or telegram addressed to the Secretary of the Comission, U.S. Nuclear Regulatory Comission, Washington, D.C. 20555, Attention: Chief, Docketing and Service Branch, or by delivery to the Comission's Public Document Room,1717 H Street, N.W., Washington, D.C.

Pending further order of the Administrative Law Judge, parties are required to file, pursuant to the provisions of 10 C.F.R. 2.708, an original and two (2) copies of each document with the Comission.

Pursuant to 10 C.F.R. 2.785, the Comission authorizes an Atomic Safety and Licensing Appeal Board to exercise the authority and perfonn the review functions which would otherwise be exercised and performed by the Comission. The Appeal Board will be designated pursuant to 10 C.F.R. 2.787, and notice as to membership will be published in the Federal Register.

4 4/*" /n4 F the Cor@ ssion *

! L Samuel un Omic '

• ',W 5 * @.',4 [h 2 2 hCTmk q., .

Secretary of'the Comission

6 + a M Dated at Washington, D.C.

this k day of May, 1986

• Commissioner Bernthal was absent when this item was affirmed, if he had been present, he would have approved it.

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