ML20209G148
| ML20209G148 | |
| Person / Time | |
|---|---|
| Site: | Byron  |
| Issue date: | 04/27/1987 |
| From: | Farrar D COMMONWEALTH EDISON CO. |
| To: | NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM) |
| References | |
| 2943K, EA-84-093, EA-84-93, EA-86-087, EA-86-87, NUDOCS 8704300487 | |
| Download: ML20209G148 (1) | |
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\\ Commonwealth Edison
( i [/ Address Reply to: Post Offce Box 767 One First National Plaza, Chicago, !!!inois V'
Chcago, Illinois 60690 - 0767 April 27, 1987 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555
Subject:
Byron Station Units 1 and 2 Enforcement Action 86-87 NRC Decket Nos. 50-454 and 50-455
Reference:
(a) Letter of April 2, 1987 from E. L. Jordan to J. J. O'Connor Gentlemen:
Reference (a) provided the Nuclear Regulatory Commission's ("NRC")
response to commonwealth Edison Company's (" Edison") reasoning in support of its beliefs that consistent application of the Enforcement Policy required the NRC to: (1) treat this event at Severity Level IV; and to (2) fully mitigate the civil penalty. Your response to Edison's reasoning regarding severity level is disappointingly incomplete. Edison doesn't understand why the reasoning which led to the reclassification downward of the events in EA 84-93 doesn't apply equally to this event. The NRC acknowledged Edison's good enforcement history and the isolated nature of the event:
two factors very similar to the only two specific factors identified by the NRC as responsible for re-evaluation of the severity level of the event in EA 84-93.
Yet, the NRC concluded that these two factors go only to mitigation and not to the significance of the violation which alone determines its severity level. Edison would accept this analysis had an apparently contrary position not been taken previously.
But in the absence of clear distinctions between this event and the one in EA 84-93, Edison cannot agree that the differences in treating the two events was warranted.
However, your response does clearly indicate that you have conclusively determined to exercise your discretion to consider this incident a Severity Level III event and to impose a civil penalty of
$25,000. Under these circumstances, and because your exercise of discretion is not clearly outside the range of acceptability, Edison believes that its best course is to pay the civil penalty. Accordingly, a check for $25,000 is enclosed.
Very t ly yours, 8704300487 870427 PDR ADOCK 05000454 G
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Dennis L. Farrar Director of Nuclear Licensing 0
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