ML20203N988

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Forwards Order Imposing Civil Monetary Penalty in Amount of $25,000 for Enforcement Action Re Violations Resulting from Failure to Follow Radiation Protection Procedures & Inadequate Evaluation of Radiation Protection Procedures
ML20203N988
Person / Time
Site: Byron Constellation icon.png
Issue date: 05/02/1986
From: Taylor J
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To: Oconnor J
COMMONWEALTH EDISON CO.
Shared Package
ML20203N990 List:
References
EA-85-099, EA-85-99, NUDOCS 8605060253
Download: ML20203N988 (2)


Text

a bY 8 o UNITED STATES S N NUCLEAR REGULATORY COMMISSION h .' c. WASHINGTON, D. C. 20555 g ,e -

. M Y 0 2 1996 Docket No. 50-454 License No. NPF-37 EA 85-99 Commonwealth Edison Company ATTN: James J. O'Connor President Post Office Box 767 Chicago, IL 60690 Gentlemen:

SUBJECT:

ORDER IMPOSING A CIVIL MONETARY PENALTY This refers to your letter dated November 21, 1985 in response to the Notice of Violation and Proposed Imposition of Civil Penalty sent to you by our letter dated October 2, 1985. Our letter and Notice described violations that related to three separate events at the Byron facility. These violations resulted from failure to follow radiation protection procedures, failure of -

management to adequately evaluate radiological hazards and conditions, and lack of adequate procedures. Our correspondence also referred to a December 23, 1985 management meeting in the Region III office between your staff and the NRC Region III staff.

During the December 23, 1985 management meeting, your staff expressed concern that the violations had been improperly classified under Supplement I, " Reactor Operations," instead of Supplement IV, " Health Physics." After reconsidering this matter we agree that the violations should have been classified under Supplement IV.

In your response you admitted the violations occurred as stated but requested that the aggregate severity level of the violations be reduced from Severity Level III to Severity Level IV or, alternatively, that the civil penalty be mitigated 100 percent for several stated reasons. After careful consideration of your response, we have concluded, for the reasons given in the enclosed Order and Appendix, that the violations were properly classified in the aggregate at Severity Level III. However, because your corrective actions were extensive, we have concluded that a sufficient basis exists for mitigating the proposed 550,000 civil penalty by 50 percent. Accordingly, we hereby serve the enclosed Order on Commonwealth Edison Company imposing a civil penalty in the amount of Twenty-Five Thousand Dollars ($25,000).

We will review the effectiveness of your corrective actions already taken and those proposed during a subsequent inspection.

In accordance with Section 2.790 of the NRC's " Rules of Practice," Pa*t 2, Title 10, Code of Federal Regulations, a copy of this letter and the enclosures will be placed in the NRC's Public Document Room.

CERTIFIED MAIL RETURN RECEIPT REQUESTED B605060253 e60502

[d i PDR G

ADOCK 05000454 PDR l1

Commonwealth Ediso.n Company The response directed by the accompanying Order is not subject to the clearance procedures of the Office of Management and Budget as required by the Paperwork Reduction Act of 1980, PL 96-511.

Sincerely, S

mds M. Taylor g ~

i rector f Office of Insp ction and Enforcement

Enclosures:

1. Order Imposing a Civil Monetary Penalty with Appendix - Evaluation and Conclusion cc w/ enclosures:

Cordell Reed, Vice President D. L. Farrar, Director of Nuclear Licensing .

R. E. Querio, Plant Manager 4

6 i

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