ML20212B368

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Forwards Order Imposing Civil Penalty in Amount of $100,000 for Violations Noted in Insp on 850812-1031
ML20212B368
Person / Time
Site: Byron Constellation icon.png
Issue date: 02/26/1987
From: Taylor J
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To: Oconnor J
COMMONWEALTH EDISON CO.
Shared Package
ML20212B371 List:
References
EA-86-048, EA-86-48, NUDOCS 8703030539
Download: ML20212B368 (2)


See also: IR 05000812/2010031

Text

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UNITED STATES

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NUCLEAR REGULATORY COMMISSION

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Docket No. 50-454

License No. NPF-37

EA 86-48

,

Commonwealth Edison Company

ATTN: Mr. James J. O'Connor

.

President

Post Office Box 767

Chicaco IL 60690

Gentlemen:

SUBJECT: ORDER IMPOSING A CIVIL MONETARY PENALTY

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This refers to your letter dated July 3,1986, in response to the Notice of

Violation anc Proposed Imposition of Civil Penalties (Notice) sent to you by

our letter dated May 6,1986. Our letter and Notice described violations

documented in inspection reports conducted Auaust 12 throuah October 31, 1985

at the Byron Nuclear Power Station, Unit 1.

To emphasize the need for you to ensure that safety-related systems are not

adversely affected when performina surveillance requirements, system operability

is evaluated more effectively, action statements are properly implemented, and

corrective actions are effective, a civil penalty of One Hundred Thousand Dollars

($100,000) was proposed.

In your response dated July 3, 1986, with respect to Violation I you (1) denied

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the violation occurred as stated in the Notice, (2) cisaareed with the NRC's

classification of the event as a Severity Level III violation, and (3) requested

mitiaation of the civil penalty. With respect to the violations contained in

Section II you admitted that Violations A throuah F had occurred, but disaareed

with the NRC's conclusion that the events collectively demonstrated inadequate

manaaement.

However, you decided aaainst an appeal of that decision and submitted

payment of 550,000.

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After careful consideration of your response, we have concluded for the reasons

aiven in the appendix attached to the enclosed Order Imposina Civil Monetary

Penalty that the violation contained in Section I of the Notice was appropriately

classified as a Severity Level III violation.

Because there were arounds for

both mitiaation and escalation of the civil penalty, on balance, the base civil

penalty was considered by the NRC staff to be appropriate.

Since the violations

contained in Section II were admitted by the licensee and full payment for the

violations has been received, an evaluation and conclusion of these events by

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the NRC is not provided in the enclosed appendix. Accordinoly, we hereby serve

the enclosed Order on Comonwealth Edison Company imposina a civil monetary

penalty in the amount of Fifty Thousand Dollars (550,000) for Violation I.

We

will review the effectiveness of your corrective actions durina a subsequent

inspection.

CERTIFIED MAIL

RETURN RECEIPT REQUESTED

B703030539 870226

PDR

ADOCK 05000454

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PDR

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Commonwealth Edison Company

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In accordance with Section 2.790 of the NRC's " Rules of Practice," Part 2,

Title 10, Code of Federal Reaulations, a copy of this letter and the enclosure

will be placed in the NRC's Public Document Room.

Sincerely,

, w, W fr

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Jpes M. TayIde, Director

, /,Uffice of Inspection and

Enforcement

Enclosure: As stated

cc w/ enclosure:

C. Reed, Vice President

D. L. Farrar. Director

of Nuclear Licensina

V. I. Schlosser, Project Manaaer

Gunner fnrensen, Site Project

Superi,.6endent

'

R. E. Querio, Plant Manaaer

DCS/RSB (RIDS)

Licensina Fee Manaaement Branch

Resident Inspector, RIII Byron

Resident Inspector, RIII

Braidwood

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

.