ML20215F214

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Partially Withheld Order Imposing Civil Monetary Penalties in Amount of $100,000 (Ref 10CFR73.21) for Physical Security Violations
ML20215F214
Person / Time
Site: Palo Verde  Arizona Public Service icon.png
Issue date: 10/10/1986
From: Taylor J
NRC OFFICE OF INSPECTION & ENFORCEMENT (IE)
To:
ARIZONA PUBLIC SERVICE CO. (FORMERLY ARIZONA NUCLEAR
Shared Package
ML20215F204 List:
References
EA-86-065, EA-86-65, NUDOCS 8610160123
Download: ML20215F214 (4)


Text

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UNITED STATES NUCLEAR REGULATORY COMMISSION In the Matter of )

ARIZONA PUBLIC SERVICE COMPANY Docket Nos. 50-528 and 50-529 Palo Verde Nuclear Generating Station ) License Nos. NPF-41 and NPF-51 Units 1 and 2 ) EA 86-65 ORDER IMPOSING CIVIL MONETARY PENALTIES I

The Arizona Public Service Company (the licensee) is the holder of Operating License Nos. NPF-41 and NPF-51, issued by the Nuclear Regulatory Commission (the Connission). These licenses authorize the licensee to operate the Palo Verde Nuclear Generating Station, Units 1 and 2 in accordance with the conditions specified therein. Operating Licensee No. NPF-41, issued on June 1,1985, superseded License No. hPF-34, issued on December 31, 1984. Operating License No. NPF-51, i'ssued on April 23, 1986, superseded License No. NPF-46, issued on December 9, 1985.

II A routine physical security inspection of the licensee's activities under the licenses was conducted by Region V during the period February 11 through March 13, 1986. As a result of this inspection, it appears that the licensee had not conducted its activities in full compliance with the conditions of its licenses.

A written Notice of Violation and Proposed Imposition of Civil Penalties was served upon the licensee by letter dated May 5, 1986. This Notice stated the nature of the violations, the requirements of the Connission that the licensee 8610160123 86101o PDR

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2 had violated, and the amount of civil penalties proposed for these violations.

A reply dated June 4,1986 to the Notice of Violation and Proposed Imposition of Civil Penalties was received from the licensee on June 5,1986.

Upon consideration of the licensee's response and the statement of facts, explanation, and arguments for mitigation contained therein, the Director, Office of Inspection and Enforcement has detertnined, as set forth in the Appendix to this Order, that the penalties proposed for the violations designated iii the Notice of Violation and Proposed Imposition of Civil Penalties should be imposed.

III 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 civil penalties in the amount of One Hundred Thousand Dollars ($100,000) within 30 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. NRC, Washington, D.C. 20555.

IV The licensee may, within 30 days of the date of this Order, request a

, hearing. A request for hearing shall be addressed to the Director, Office

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3 of Inspection and Enforcement, U.S. Nuclear Regulatory Commission, Washington, D. C. 20555. A copy of the hearing request shall also be sent to the Assistant General Counsel for Enforcement, Office of General Counsel, at the same address. If a hearing is requested, the Commission will issue an Order designating the time and place of hearing. Upon failure of the licensee to request a hearing within 30 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.

V 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 was in violation of the Consnission's requirements as set forth in the Notice of Violation and Proposed Imposition of Civil Penalties referenced in Section II above, and (b) whether, on the basis of such violations, this Order should be sustained.

FOR THE NUCLEAR REGULATORY COMMISSION A

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