ML20234B813
| ML20234B813 | |
| Person / Time | |
|---|---|
| Issue date: | 06/30/1987 |
| From: | Lieberman J NRC OFFICE OF ENFORCEMENT (OE) |
| To: | Martin R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION IV) |
| References | |
| NUDOCS 8707060216 | |
| Download: ML20234B813 (1) | |
Text
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~L;C S JUN 301997 MEMORANDLIM FOR: Robert Martin Regional Administrator, RIV FROM:
James Lieberman, Director Office of Enforcement StfBJECT:
CONSIDERATION OF ACTIONS OF PLIBLIC llTILITY COMMISSIONS OR OTPER REGl!LATORY AGENCIES IN RESPONSE TO CIVIL PENALTIES OR OTPER ENFORCEMENT ACTIONS (EGM 87-03)
Your memorandum of May 19, 1987 took issue with EGM 87-03 which provided that "the staff should not discuss in the context of a specific enforcement case the possible action a regulatory agency might take in response to a civil penalty-or other enforcement action." In responding you stated that it is most appropriate to obtain a better understanding of the related impacts that NRC actions have.
In support of your view you provided the example of considering the actions of the State of South Carolina when it imposed civil penalties for transportation violations found on shipments coming into the Barnwell facility.
I did not intend to end that long established practice set forth in EGM 81-4 (May 1981).
The thrust of my memorandum as you recognized is the consideration of economic impact by a state regulatory agency. The Enforcement Policy and current NRC practices do not consider the actions of public service commissions as mitigating factors in applying the Enforcement Policy and discussion of such matters do not serve the purpose of an enforcement conference. Therefore, as we discussed
- the staff should inform utility representatives who raise the issue of actions of public utility commission or similar public entities that such matters are not considered in mitigation of sanctions under current policies and practices and we should promptly terminate discussion on such matters.
OriginalSignedBy James Liebermn James Lieberman Office of Enforcement cc:
S..Schinki, 0GC Regional Administrators RI, RII, RIII, RIV, RV J. Taylor, DED0 bec with EGM 87-03 + incoming T. Murley, NRR T. Rehm, EDO J. MacDonald, RM J. Murray, 0GC f
o Np D:0E I
[O JLieberman 8707060216 870630 PDR ORG NIED 6/j/)/87 PDR 35:kl ll0