ML20203N677
| ML20203N677 | |
| Person / Time | |
|---|---|
| Site: | Cooper  |
| Issue date: | 10/10/1986 |
| From: | Taylor J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | NEBRASKA PUBLIC POWER DISTRICT |
| Shared Package | |
| ML20203N676 | List: |
| References | |
| EA-86-044, EA-86-44, NUDOCS 8610170082 | |
| Download: ML20203N677 (3) | |
See also: IR 05000729/2008002
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UNITED STATES OF AMERICA
NUCLEAR REGULATORY COMMISSION
In the Matter of
)
Docket No. 50-298
NEBRASKA PUBLIC POWER DISTRICT
)
License No. DPR-46
P. O. Box 499.
)
EA 86-44
Columbus, Nebraska 68601-0499
ORDER IMPOSING CIVIL MONETARY PENALTY
I
Nebraska Public Power District (licensee) is the holder of License No. DPR-46
issued by the Nuclear Regulatory Commission (NRC). License No. DPR-46 authorizes
the generation of power using nuclear material and is due to expire on June 4,
2008.
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II
An inspection of the licensee's activities under its license was conducted on
July 29 - August 2 and August 12-16, 1985. As a result of the inspection, it
appeared that the licensee had not conducted its activities in full compliance
with NRC requirements. The results of the inspection were discussed with
licensee representatives during an enforcement conference held in the Region IV
office in Arlington, Texas on December 17, 1985. A ' written Notice of Violation
and Proposed Imposition of Civil Penalties was served upon the licensee by
letter dated April 28, 1986. This Notice stated the nature of the violations,
requirements of the NRC that the licensee had violated, and the amount of civil
penalties proposed. The licensee responded to the Notice of Violation and
Proposed Imposition of Civil Penalties by letter dated May 28, 1986.
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Upon consideratiof of the licensee's response and the statements of fact,
explanation, and arguments for remission or mitigation of the proposed civil
penalties contained therein, as. set forth in the Appendix to this Order, the
Director, Office of Inspection and Enforcement has determined that Violation I.B
and the associated $25,000 proposed penalty should be withdrawn. However, the
NRC concludes that Violation I.A occurred as stated and the licensee's request
~for mitigation of the associated civil penalty is not warranted. Accordingly,
a civil penalty in the amount of Twenty-Five Thousand Dollars ($25,000) should
be imposed.
III
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In view of the foregoing and pursuant to Section 234 of the Atomic Energy Act
of 1954, as amended (42 U.S.C. 2282, P.L.96-295) and 10 CFR 2.205, IT IS
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HEREBY ORDERED THAT:
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The licensee pay a civil penalty in the amount of Twenty-Five Thousand
Dollars ($25,000) within thirty days of the date of this Order, by check,
draft, or money order, payable to the Treasurer of the United States, and
mailed to the Director, Office of Inspection and Enforcement, USNRC,
,
Washington, D.C. 20555.
IV
The licensee may, within thirty days of the date of this Order, request a
hearing. A request for hearing shall be addressed to the Director, Office of
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Inspection and Enforcement, U.S. Nuclear Regulatory Commission, Washington, D.C.
20555. A copy of any request for hearing shall also be sent to the Assistant
General Counsel for Enforcement, Office of the General Counsel, at the same
address.
If a hearing is requested, the Comission will issue an Order
designating the time and place of hearing. Upon failure of the licensee to
request a hearing within thirty days of the date of this Order, the provisions
of this Order shall be effective without further proceedings, and if payment
has not-been made by that time, the matter may be referred to the Attorney
General for collection.
V
In the event the licensee requests a hearing as provided above, the issues to
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be considered at such hearing shall be:
(a) whether the licensee violated NRC requirements as set forth in the
Notice of Violation and Proposed Imposition of Civil Penalty,
referenced in Section II above, and
(b) whether, on the basis of such violations, this Order should be
sustained.
FOR THE NUCLEAR REGULATORY COMMISSION
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Jales M. Taylor,
irector
fice of Inspection and Enforcement
Dated a Bethesda, Maryland,
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ay of October 1986.
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