ML20205Q135

Forwards Order Imposing Civil Penalty in Amount of $25,000. Violation Properly Classified at Severity Level Iii.Further Mitigation of Penalty Unwarranted as Discussed in Encl App

ML20205Q135
Person / Time
Site:	Byron
Issue date:	04/02/1987
From:	Jordan E NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To:	Oconnor J COMMONWEALTH EDISON CO.
Shared Package
ML20205Q139	List: ML20205Q135 ML20205Q171
References
EA-86-087, EA-86-87, NUDOCS 8704030450
Download: ML20205Q135 (2)

Text

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Des

/ o,, UNITEJ STATES

! o NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20666 j

s *****

/ APR 0 215u7 Docket Nos. 50-454; 50-455 Licenses do. NPF-37; NPF-66 ..

EA 86-87 Commonwealth Edison Company ATTN: Mr. James J. O'Connor N President Post Office Box 767 Chicago, IL 60690 Gentlemen:

SUBJECT:

ORDER IMPOSING CIVIL MONETARY PENALTY r

This refers to your letter of July 29, 1986, in response to the Notice of Violation and Proposed Imposition of Civil Penalty sent to you by our letter dated June 25, 1986. The Notice of Violation described an incident of discrimination in violation of 10 CFR 50s7 requirements. To emphasize the importance that the NRC places on ensuring that Connission licensees and their contractors do not engage in discriminatory acts against em71oyees involved in certain protected activities, a civil penalty in the amount of Twenty Five Thousand Dollars ($25,000) was proposed.

In your response, you did not take issue with the facts of the case, as described in the Notice of Violation. However, you request total mitigation of the proposed civil penalty because of your extensive corrective actions and your prior, good enforcement history. You also request that the NRC reconsider classification of the incident at Severity Level IV, and in support of your position, reference cwo esc 41sted enforcement actions that you believe are similar to this event.

Af ter consideration of your response, we have concluded, for the reasons given in the Appendix dttached to the enclosed Order Imposing Civil Penalty, that the violation was properly classified at Severity Level III and that further mitigation of the civil penalty is not warranted. Accordingly, we hereby serve the enclosed Order on Commonwealth Edison Company imposing a civil monetary penalty in the amount of Twenty Five Thousand Dollars ($25,000). We will review the effectiveness of your corrective actions during subsequent inspections.

In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 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.

Sincerely, l

0704030450 870402 )

PDR O ADOCK 05000454 war L ordan Acting Director .

PDR Office Inspection and Enforcement 1 l T

Enclosures:

As stated I 16 . l

u

)

Cosmonwealth Edison Company cc w/ enclosure-Mr. Cordell Reed Vice President D. L. Farrar Director of Nuclear Licensing V. I. Schlosser, Project Manager R. E. Querio, Plant Manager

) Licensing Fee Management Branch Resident Inspector, RIII Byron Phyllis Dunton, Attorney General's Office, Environmental Control Division D. W. Cassel, Jr., Esq.

Diane Chavez, DAARE/ SAFE Steve Lewis, OGC L. Olshan, NRR LPM H. S. Taylor Quality Assurance Division l