ML20234F390

Partially Deleted Notice of Violation from Insp on 870831- 0904 & 26-1026 (Ref 10CFR73.21)

ML20234F390
Person / Time
Site:	Millstone
Issue date:	12/14/1987
From:	Russell W NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:
Shared Package
ML20234F366	List: ML20234F365 ML20234F390
References
50-245-87-22, 50-336-87-20, 50-423-87-18, EA-87-198, NUDOCS 8801110454
Download: ML20234F390 (5)

Text

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NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF CIVIL PENALTY Northeast Utilities Company Docket Nos. 50-245 Millstone Nuclear Power Station 50-336 Units 1, 2, and 3 50-423 License Nos. DPR OPR-65 NPF-49 i EA 87-198 During an NRC physical security inspection' conducted between August 31 and September 4, 1987, and an NRC routine resident inspection conducted between l September 26, 1987 and October 26, 1987, violations of NRC physical security  !

requirements were identified. In accordance with the " General Statement of Policy and Procedure for NRC. Enforcement Actions," 10 CFR Part 2, Appendix C (1987), the Nuclear Regulatory Commissic.n proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as an. ended (Act), 42 U.S C. 2282, and 10 CFR 2.205. The particular violations and associated civil l

l penalty are set forth below:

1 A. Violations Assessed a Civil Penalty

[ License Conditions 2.C(4), 2.C(4) and 2.E to Facility Operating Licenses OPR-21, DPR-65 and NPF-49, respectively require that the licensee fully .1 implement and maintain all provisions of the NRC approved' Physical l Security Plan.

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Pursuant to the provisions of 10 CFR 2.201, Northeast Nuclear Energy Company (Licensee) is hereby required to submit a written statement or explanation to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, within 30 days of the date of this Notice. This reply should be clearly marked as a

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

(1) admission or denial 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 violations, and (5) the date when full compliance will be achieved. If an adequate reply is not received within the time specified in this Notice, an order may be issued to show cause why the license should not be modified, suspended, or revoked or why such other action as may be proper should not be taken. Consideration may be given to extending the response time for good cause shown. Under the authority of Section 182 of the Act, 42 U.S.C. 2232, this response shall be submitted under oath or affirmation.

Within the same time as provided for the response required above under 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 penalty is proposed, or may protest imposition of the civil penalty in whole or in part by a written answer addressed to the Director, Of fice of Enforcement, U.S. Nuclear Regulatory Commission. .Should the Licensee fail to answer within the time specified, an order imposing the civil penalty will be issued. Should the Licensee elect to file an answer in accordance with 10 CFR 2.205 protesting the civil penalty, in whole or in part, such answer should be clearly marked as an " Answer to a Notice of Violation" and may: (1) deny the violation (s) listed in this Notice in whole or in part, (2) demonstrate extenuating circumstances, (3) show error in this Notice, or 0FFICIAL RECORD COPY CP PKG MILL REV 1 - 0008.0.0 12/10/87

, Notice of Violation 5 (4) show other reasons why the penalty should not be imposed. In addition to l protesting the civil penalty, such answer may request remission or mitigation i of the penalty. '

In requesting mitigation of the proposed penalty, the five factors addressed I 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 from the statement or explanation in reply pursuant to 10 CFR 2.201, but may incorporate parts of the 10 CFR 2.201 reply by specil'ic reference (e.g., citing page and paragraph numbers) to avoid repetition. The attention of the Licensee 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 pena!ty due which subsequently has been deter-mined in accordance with the applicable provisions of 10 CFR 2.205, this matter may be referred to the Attorney General, and the penalty, unless compromised, .

reniitted, or mitigated, may be collected by civil action pursuant to Section 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 j Notice of Violation) should be addressed to: Director, Office of Enforcement, i U.S. Nuclear Regulatory Commission, ATTN: D3cument Control Desk, Washington, DC 20555 with a copy to the Regional Administrator, U.S. Nuclear Regulatory Commission, for the appropriate Region, and a copy to the NRC Resident Inspector, at the facility which is the subject of this Notice.

FOR THE NUCLEAR REGULATORY COMMISSION or.!:1,a1 Signed By C:it.2 ?. ..J 3:LL Willfam T. Russell Regional Administrator l Dated at King of Prussia, Pennsylvania this /t to day of December 1987 i

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