ML20205K362

Order Imposing Civil Monetary Penalty in Amount of $25,000, Based on Violation Noted During 850806-08 Insp.Violation Noted:Two Openings in Vital Area Barrier

ML20205K362
Person / Time
Site:	Pilgrim
Issue date:	02/25/1986
From:	Taylor J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To:	BOSTON EDISON CO.
Shared Package
ML20205K354	List: ML20205K351 ML20205K362
References
EA-85-106, NUDOCS 8602270326
Download: ML20205K362 (3)

Text

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UNITED STATES NUCLEAR REGULATORY COMMISSION In the Matter of )

)

BOSTON EDISON COMPANY ) Docket No. 50-293 (Pilgrim Nuclear Power Station) ) License No. DPR-35

) EA 85-106

)

ORDER IMPOSING A CIVIL MONETARY PENALTY I

Boston Edison Company, Boston, Massachusetts 02193 (the licensee) is the holder of License No. DPR-35 issued by the Nuclear Regulatory Comission (the Comission/NRC). The license authorizes the licensee to operate the Pilgrim Nuclear Power Station, Plymouth, Massachusetts, in accordance wi.th the conditions specified therein.

II On August 6-8, 1985 an NRC inspection..was conduct,ed to review the circumstances associated with the discovery by the licensee of two openings in a vital area barrier. During the inspection, two additional openings in the barrier were identified by an NRC inspector and it appeared that the licensee had not conducted its activities in full compliance of NRC requirements. A written Notice of Violation and Proposed Imposition of a Civil Penalty was served upon the licensee by letter dated October 21, 1985. The Notice stated the nature of the violation, the provision of the Nuclear Regulatory Comission requirements that the licensee had violated, and the amount of civil penalty proposed for the violation. The licensee answered the Notice of Violation and Proposed Imposition of Civil Penalty by letter dated November 27, 1985.

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J7 :: 3:;rt.P4::7::. TH'5 III M 13 GI? E' After consideration of the response and the statements of fact, explanation, and argument for remission or mitigation of the proposed civil penalty contained therein, as set forth in the Appendix to this Order, the Director, Office of Inspection and Enforcement has determined that the violation occurred as stated, was properly classified at a Severity Level III, and that the proposed penalty of $50,000 for the violation designated in the Notice of Violation and Proposed Imposition of Civil Penalty should be mitigated by 50 percent.

IV In view of the foregoing and pursuant.to Section,234 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2282, PL 96-295), and 10 CFR 2.205, IT IS HEREBY ORDERED THAT:

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, U.S. Nuclear Regulatory Comission, Washington, D.C. 20555.

V The licensee may request a hearing within thirty days of the date of this Order.

A request for a hearing shall be addressed to the Director, Office of Inspection

and Enforcement. A copy of the hearing request also shall be sent to the Executive Legal Director, U.S. Nuclear Regulatory Comission, Washington, D.C.  :

20555. If a hearing is requested, the Comission will issue an Order designating the time and place of hearing. If the licensee fails 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.

VI In the event the licensee requests a hearing as provided above, the issues to 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 and (b) whether, on the basis of such violation, this Order should be sustained.

FOR THE NUCLEAR REGULATORY COMMISSION

\ %W Jarpes M. Taylor Director

. 0ffice of Inspection and Enforcement V

Dated at Bethesda, Maryland this .:2f day of February 1986 m ;; ; . c - ':- "a

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