ML20235V779

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Forwards Order Imposing Civil Monetary Penalty in Amount of $50,000 Based on Violations Noted During 860718-0807 Insp. Violations Occurred as Stated.Rescission or Mitigation of Penalty Unwarranted,Per Util 870508 & 0717 Ltrs
ML20235V779
Person / Time
Site: Point Beach  NextEra Energy icon.png
Issue date: 10/13/1987
From: Taylor J
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Britt R
WISCONSIN ELECTRIC POWER CO.
Shared Package
ML20235V781 List:
References
EA-86-148, NUDOCS 8710150313
Download: ML20235V779 (2)


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Docket Nos. 50-266; 50-301 License Nos. DPR-24; DPR-27 EA 86-148 Wisconsin Electric Power Company ATTN:

Mr. Russell W. Britt President Nuclear Power Department 231 West Michigan, Room 308 Milwaukee, WI 53201 Gentlemen:

SUBJECT:

ORDER IMPOSING CIVIL PENALTY This refers to your letters dated May 8 and July 17, 1987 in response to i:he Notice of Violation and Proposed Imposition of Civil Penalty sent to you by our letter dated March 11, 1987. An extension of time was granted for your response until May 11, 1987.

The Notice of Violation describes violations identified during a special physical security inspection at your facility during the period July 18 through August 7, 1986.

To emphasize the importance of maintaining the integrity of vital area bar-riers, a civil penalty of $50,000 was proposed.

In your response, you admitted that the events occurred as stated in the Notice of Violation, but do not believe that item c. is a violation.

You also stated that if the NRC reaffirms this item as a violation, you believe that the violation is misclassified as a Severity Level III violation.

In your response you also describe corrective actions to substantially upgrade your performance in protecting the integrity of vital area barriers.

In addi-tion, you requested rescission or mitigation of the proposed penalty for several stated reasons. After careful consideration of your response and your request for rescission or mitigation of the proposed civil penalty, we have concluded that the violations did occur and that rescission or mitigation of the penalty is not warranted for the reasons given in the attached Appendix to the enclosed Order Imposing Civil Monetary Penalty. Accordingly, we hereby serve on Wisconsin Electric Power Company the enclosed Order Imposing Civil Monetary Penalty in the amount of Fifty Thousand Dollars ($50,000). We will review the effectiveness of your corrective actions during a subsequent inspection.

In your May 8, 1987 response, you requested an opportunity to meet with me, the Executive Director for Operations, and the Commission to discuss the effect which civil penalties can and should have.

Prior to the issuance of the Notice of Violation and Proposed Imposition of Civil Penalties, the Commission was consulted on the action.

If you decide to request a hearing, 4

CERTIFIED MAIL B710150313 071013 ADOCK0500g6

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Wisconsin' Electric Power Company-2 the issues presented may again be reviewed by them in accordance with the

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adjudicatory process. Based on my review of the matter which is reflected in the enclosure to the.0rder, it is not clear that a meeting would be fruitful.

However,;if you still desire a meeting, I will meet with you within the thirty day period provided to request a hearing.

Such a meeting will be-transcribed

.and will be public,;to the extent that safeguards.information is not involved.

The enclosed Appendix contains details of your security program.that have been determined to be exempt from public disclosure in accordance with 10 CFR 73.21 (Safeguards Information).

Therefore, those portions of the Appendix will not be.placed in the Public Document Room and will receive

. limited. distribution.

The responses directed by the accompanying Order are rot subject to the clearance procedures of the Office of Management and Budget as required by the Paperwork Reduction Act of 1980, PL 96-511.

Sincerely, k.m' J. /

1p Ja s M. Taylo Deputy Executive D ector for gional Operations

Enclosure:

Order Imposing Civil Monetary Penalties with Appendix I

(UNCLASSIFIED SAFEGUARDS INFORMATION) cc.w/ enclosure:

J. J. Zach, Plant Manager 4

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