ML20247N844

Partially Deleted Notice of Violation & Proposed Imposition of Civil Penalty in Amount of $55,000 (Ref 10CFR2.790(b) for Violations Noted During Insp on 980302-05 & 11-12

ML20247N844
Person / Time
Site:	Pilgrim
Issue date:	05/19/1998
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I)
To:
Shared Package
ML20247N788	List: IR 05000293/1998003 ML20247N844
References
50-293-98-03, 50-293-98-3, EA-98-191, NUDOCS 9805270238
Download: ML20247N844 (3)

Text

-

L:

s..

ENCLOSURE NOTICE OF VIOLATION AND PROPOSED IMPOSITION OF civil PENALTY Boston Edison Company Docket No. 50-293 Pilgrim License No. DPR-35 EA 98-191

- During_ an NRC inspection conducted on March 2-5 and 11-12,1998, a violation of NRC requirements was identified. In accordance with the'" General Statement of Policy and Procedure for NRC Enforcement Actions," NUREG-1600, the Nuclear Regulatory Commission proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (Act),42 U.S.C. 2282, and 10 CFR 2.205. The particular violation and associated civil penalty are set forth below:

License Condition 3.g of License No. DPR-35 requires that the licensee fully implement and maintain in effect all provisions of the Commission-approved physical -

security plan, including amendments made pursuant to provisions of 10 CFR 73.55.

(sGI) THIS PARAGRAPHCONTAINSSAFEGUARDS INFORMATION ANDIS NOTFOR PUBLIC DISCLOSUREITISINTENTIONALLY 0

(soll (sol)

THl$ PARAGRAPH CONTAINSSAFEGUARDS INFORMATION ANDIS NOTFOR PUBLIC DISCLOSUREITISINTENTIONALLY LEFT BLANK. ,,,,..,,,,

(sai)

THIS PARAGRAPH CONTAINS SAFEGUARDS isGI) INFORMATION ANDIS NOT FOR PUBLIC DISCLOSUREliISINTENTIONALLY LEFT BLANK. , , _ ,, .

a 9905270238 990519 PDR ADOCK 05000293 G PDR

Enclosure 2 THIS PARAGRAPH CONTAINS SAFEGUARDS INFORMATION ANDIS NOT FOR PUBLIC DISCLOSUREITISINTENTIONALLY LEFT BLANK. ,

(SGI) (01013)

This is a Severity Level ill Violation (Supplement lil).

Civil Penalty - $55,000.

Pursuant to the provisions of 10 CFR 2.201, Boston Edison 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 of Violation and Proposed imposition of Civil Penalty (Notice). This reply should be clearly marked as a Reply to a Notice of V7olation" and should include for each alleged violation: (1) admission ,

or denial of the alleged violation, (2) the reasons for the violation if admitted, and if denied, I the reasons why, (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 y compliance will be achieved. If an adequate reply is not received within the time specified .  !

in this Notice, an Order or a Demand for information may be issued as to 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 j shall be submitted under oath or affirmation.

i Wnhin the same time as provided for the response required above under 10 CFR 2.201, the Licensee may pay the civil penalty by letter addressed to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, with a check, draft, money order, or electronic transfer l 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, Office 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 Licensen 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 listed in this Notice, in whole or in part, (2) demonstrate extenuating circumstances, (3) show error in this Notice, or (4) show other reasons why the penalty should not be imposed. In addition to protesting the civil penalty, in whole or in part, such answer may request remission or mitigation of the penalty.

. 1

Enclosure . 3

'in requesting mitigation of the proposed penalty, the factors addressed in Section VI.B.2 of the Enforcement Policy 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 specific reference (e.g'., citing page and paragraph numbers) to avoid repetition. The attention of the Licensee is dire ~cted to the other provisions of 10 CFR 2.205, regarding the procedure for imposing a civil penalty.

Upon failure to pay any civil penalty due which subsequently has been determined 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, remitted, or mitigated, may be -

collected by civil action pursuant to Section 234c of the Act,42 U.S.C. 2282c.

ihe response noted above (Reply to Notice of Violation, letter with payment of civil penalty,;

I and Answer to a Notice of Violation) should be addressed to: Director, Office of Enforcement,.

U.S. Nuclear Regulatory Commission, ATTN: Document Control Desk, Washington, D.C.

20555 with a copy to the Director, Special Projects Office, NRR, U.S. Nuclear Regulatory Commission, and a copy to the NRC Resident inspector at the facility that is the subject of this Notice.

Because your response will be placed in the NRC Public Document' Room (PDR), to the extent possible, it.should not include any personal privacy, proprietary, or safeguards information so that it can be placed in the PDR without redaction. -If personal privacy or proprietary information is necessary to provide an acceptable response, then please provide a bracketed i copy of your response that identifies the information that should be protected and a redacted : .l copy of your response that deletes such information. if you request withholding of such  :

material, you mug specifically identify the portions of your response that you seek to have withhold and provide in detail the bases for your claim of withholding (e.g., explain why the disclosure of information will create an unwarranted invasion of personal privacy or provide i the information required by 10 CFR 2.790(b) to support a request for withholding confidential -I commercial or financial information). If safeguards information is necessary to provide an l acceptable response, please provide the level of protection described in 10 CFR 73.21. ,

l l

Dated at King of Prussia, PA this '19th day of May 1998 I

i I

- _ _ _ - _ _ _ _ - - _ _ _ _ _ _ _ _ _ _ - _ _ _ _ _ _ _ _ - - _ _ _ _ _ _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _