ML20206G126

Partially Withheld Notice of Violation & Proposed Imposition of Civil Penalties (Ref 10CFR73.21)

ML20206G126
Person / Time
Site:	Peach Bottom
Issue date:	11/15/1988
From:	Russell W NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:
Shared Package
ML20206G124	List: IR 05000277/1988026 ML20206G126
References
50-277-88-26, 50-277-88-31, 50-278-88-31, EA-88-237, S-278-88-26, NUDOCS 8811220078
Download: ML20206G126 (5)

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.; . men.o gun NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTIES Philadelphia Electric Company Peach Bottom, Units 2 and 3 Docket Nos. 50-277 and 50-278 License Nos. OPR-44 and OPR-56 EA 88-237 1

During two NRC physical security inspections conducted on My 25-29 and August 27-29, 1988, NRC inspectors reviewed the circumstances associated with violations of NRC physical security requirements identified by the licensee l,

and reported to the NRC. During the inspection, other violations of NRC physical sect.rtty reeuirements were identified. In acenrdance with the "General Statement of Pc,licy and Proceduro for NRC Enforcement Actions," 10 ,

j CFR Part 2, Appendix C (1988), the Nuclear Regulatory Commission proposes to '

impose a :1vil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (Act), 42 U.S.C. 2282, and 10 CFR 2.205. The carticular violations and associated civil penalties are set forth below:  !

I. VIOLATIONS ASSESSED CIVIL PENALTIES  !

License Amendment Nos. 77 and 76, Paragraph Nos. 2.C.4 and 2.C.3 to Facility Operating Licenses DPR-44 and OPR-56, respecthely, require

< the licensee to implement fully and maintsin all provisions of the NRC-approved physical security plan (PSP).

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Notice of Violation .

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t ., 'h This is a Severity Level !!! Vio!ation (Supp1c u nt !!!)

Civil Penalty - $25,000 7, , ; ,*eeve.-,g i, . ,lia l 'J .. .. . ' !. t.1 1

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0FFICIAL RECORD COPY CP PKG SG PEACH BOTTOM 11/9 - 0009.0.0 11/09/88 l

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Notice of Violation -

3-Tills PAN"J!I CONTAINS SAFEGUARDS INf0WI:rh ' 3 C NOT FOR P11BLIC DISCL0SU.H,li o iliiENil0NALLY LEFT BlisliK.

This is a Severity level 111 Probler (Supplement !!').

Cumulat,1ve Civil Fenalty - $25,000 (assessed equally among the violations)

11. VIOLATION NOT ASSESSED A Civ!L PENAtiy Id!'; i,, ' ' ^ ' ' ' "0!!T AINS SAT EGUARD5 II;i0:1 t

' '^sii NJT FOR FilBLIC DISCLCSM,!i .5 liiTENil0NALLY LEfI BLAflK.

i OFFICIAL RECORD COPY CP PKG SG PEACH BOTTOM 11/9 - 0010.0.0 11/09/88 L

Notice cr Violation ,

Tills PARACW3 CONTAINS SAFEGUARDS INFORMAIiCN I"0 IS NOT FOR PUBLIC DISCLOSURE,IT IS INTENil0NALLY LEFTBLANK, This is a Severity level IV Violation (supplement III) '

Pursuant to the provisions of 10 CFR 2.201, Philadelphia Electric Company (Licensee) is hereby required to subett a written statement or explanation to the Director, Office of Enforcement, U.S. Nuclear Re!1ulatory Commission, within 30 days of the date of this Notice. This reply shou'd be clearly marked as a [

"Reply to a Notice of Violation" and should include for each alleged violation:

(1) admission or enial of the alleged violation (2) the reasons for the '

violation if admitted, (3) the corrective steps that have been taken and the  ;

results achieved, (4) the corrective steps that will be taken to avoid further violattens, and (5) the riate when full compliance will be achieved. If an  :

adequate reply is not rr.ceived within the time spcified in this Notice, an order may be tisd to show cause why the license should not be modified, suspended. or revoked or why such other action as may be proper should liot be taken. Consideration may be given to extending the response time for good ,

t cause shown. Under the authority of Section 182 of the Act, 42 U.S.C. 2232, this response shall be submitted under oath or af firmation.

Within the same time as provided for the response required above ender 10 CFR ,

2.201, the Licensee may pay the civil penalty by letter to the Director, Office of Enforcement U.S. Nuclear Regulatory Commission, with a check, draft, or money order payable to the Treasurer of the United States in the amount of the civil penalty proposed above, or the cumulative amount of the civil penalties  ;

if more than one civil peralty is proposed, sr may protest tJposition of the {

civil penalty in whole or in part by a written answer addressed to the  !

Director, Office of Enforcecent, U.$. Nuclear Regulatory Comission. Should I the Licensee civil fail be penalty will t,o answer issued. within the time specified, an order irposing the  !

Should the Licensee elect to file an answer in  ;

accordance with 10 CFR 2.205 protesting the civil penalty, in whole or in part. I such answer should be clearly earned is an "Answer to a Notice of Violation" and say: (1) deny the violation (s) listed in this Notice in whole or in part, (2) demonstrate entenuating circumstances, (3) show e:ror in this Notice, or (4) show cther reasons why the penalty should not be imposed. In addition to  !

protesting the civil penalty, such answer may request remission or mitigation  !

of the penalty.

In requesting mit,1gation o' the proposed penalty, the f!ve factors addressed f in Section V.B of 10 CFR Part 2 Appendix C (1987), should be addressed. Any written answer in accordance with 10 CFR 2.205 should be set forth separately i from the statemiat or explanation fn reply pursuant to 10 CFR 2.201, but may '

incorporate parts of the 10 CFR 2.201 reply by specific reference (e.g., citing -

page and paragraph numbers) to avoid repetition. The attention of the Licensee ,

L OFFICIAL RECORD C0pY CP pKG SG PEACH BOTTOM 11/9 - 0010.1.0 L 11/09/88 '

Notice of Violatica is directed to the other provisions of 10 CFR 2.205, regarding the procedure for imposing a civil penalty.

Upon failure to pay any civil penalty due which subsequently has been deter-

mined in accordance with the applicable provisions of 10 CFR 2.205, this matter l

may be referred to the Attorney General, and the penalty, unless compromised, remitted, or mitigated, may be collected by civil action pursuant to Section j 234c of the Act, 42 U.S.C. 2282c.

The responses to the Director, Office of Enforcement, noted above (Reply to a Notice of Violation, letter with payment of civil penalty, and Answer to a 3

i Notice of Violation) should be addressed to: Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, DC 20555 with a copy to the Regional Ad.ainistrator U.S. Nuclear Regulatory Commission, for the appropriate Region, and to the NRC Resident Inspector,

) at the facility which is the subject of this Notice.

l FOR THE NUCLEAR REGULATORY COMIS$10N u

0-1:1.a1 Si m d By j

'. ILi.IL 7. laCSZ1L j

William T. Russell Regional Administrator

, Dateri at fing of Prussia, pennsylsania this /$~rn day of November 1988 I

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