SCH08-052, PSEG Nuclear LLC - Salem Generating Station, Settlement Agreement

PSEG Nuclear LLC - Salem Generating Station, Settlement Agreement

ML081160025
Person / Time
Site:	Salem
Issue date:	04/18/2008
From:	Braun R Public Service Enterprise Group
To:	Post E Document Control Desk, Office of Nuclear Reactor Regulation, State of NJ, Dept of Environmental Protection
References
NEA070001, NJDEP 05-04-08-1909-09, SCH08-052
Download: ML081160025 (6)

Text

PSEG Nuclear LLC P.O. Box 236, Hancock Bridge, NJ 08038-0236 APR 18S 2008 Nuclear LLC SCH08-052 Certified Mail Return Receipt Requested Article Number: 7005 1160 0003 4381 7299 Mr. Edward H. Post P.E.

Chief- Southern Bureau of Water Compliance & Enforcement New Jersey Department of Environmental Protection 2 Riverside Drive, Suite 201 Camden, NJ 08103-0137 RE: PSEG Nuclear LLC - Salem Generating Station PI ID No. 46814 NJDEP Case No. 05-04-08-1909-09 SETTLEMENT AGREEMENT EA ID #: NEA070001 Enclosed please find one (1) signed copy of the Settlement Agreement received on April 5 th, 2008. Pursuant to paragraph 1 o f the Settlement Agreement, payment of

$15,000 will be sent to the Department of the Treasury under separate correspondence no later than April 30, 2008.

If you have any questions regarding this information, please contact Mr. Clifton Gibson of my staff at (856) 339-2686.

Sincerely, Robert C. Braun Salem Site Vice President Q 1I

Chief - Southern Bureau of Water Compliance & Enforcement SCH08-052 C U. S. Nuclear Regulatory Commission APR I S.2008 Document Control Desk Washington, DC 20555 2

Chief - Southern Bureau of Water Compliance & Enforcement SCH08-052 BC Site Vice President - Salem APR 1 S 200O Plant Manager - Salem Jeff Keenan John Valeri Ed Keating File 2.1.1 Salem 3

g'tdr of Nru arrse DEPARTMENT OF ENVIRONMENTAL PROTECTION JON S. CORZINE LISA P. JACKSON Governor Commissioner IN THE MATTER OF SETTLEMENT PSEG NUCLEAR LLC AGREEMENT (SALEM GENERATING STATION)

PIED No. 46814 Activity No. NEA070001 The following Settlement Agreement is entered into pursuant to the authority vested in the Commissioner of the New Jersey Department of Environmental Protection ("Department") by N.J.S.A. 13:lD-1 et seq., and the Water Pollution Control Act, N.J.S.A. 58:10A-1 et sec., and duly delegated to the Bureau Chief of Water Compliance and Enforcement.

The Department issued an Administrative Order and Notice of Civil Administrative Penalty Assessment in the amount of S20,000 on August 16, 2006 to PSEG Nuclear LLC ("the Order and Penalty") which alleged that PSEG Nuclear LLC (PSEG) discharged hydrazine and sodium hypochlorite to waters of the State without a valid New Jersey Pollutant Discharge Elimination System ("NJPDES") Permit, in violation of the Water Pollution Control Act, N.J.S.A. 58: 10A-1 et seq., and the regulations promulgated pursuant thereto, N.J.A.C. 7:14A-1 et seq.

PSEG filed a request for an adjudicatory hearing, which among other things, contested the Order and Penalty and disputed the alleged violations.

The Department may settle this matter in accordance with N.J.A.C. 7:14-8.3.

In the interest of resolving this matter, PSEG and the Department have agreed to settle this matter in accordance with the following terms:

NOW, THEREFORE, IT IS HEREBY AGREED THAT:

1. PSEG shall, by no later than April 30, 2008, submit a check in the amount of $15,000.00. The check shall be made payable to "Treasurer, State of New Jersey", which shall be submitted with the bottom portion of the Enforcement Invoice form to:

Division of Revenue New Jersey Department of Treasury PO Box.417 Trenton, New Jersey 08625-0417

2. This payment shall constitute full, final and complete settlement of the Order and Penalty.

New Jersey Is An Equal Opportunity Employer 0 Printedon Recycled Paperand Recyclable

3. If PSEG fails to pay the above penalty in accordance with the terms and conditions of this Settlement Agreement, then the Administrative Order and Notice of Civil Administrative Penalty Assessment in the amount of $20,000 issued to PSEG on August 16, 2006 shall become a final order and the full penalty, along with costs and interest calculated pursuant to N.J. Court Rule 4:42, shall be immediately due and owing. The Department may bring a summary action in the Superior Court to collect such penalty pursuant to R.4:67-6. or file this Settlement Agreement as ajudgement under the Penalty Enforcement Law, N.J.S.A. 2A:58-1 et seq.

4. By execution of this Settlement Agreement PSEG hereby withdraws its request for an administrative hearing before the Office of Administrative Law with respect to the enforcement action listed above.

5. Neither the entry into this Settlement Agreement nor the payment of the settlement penalty shall constitute an admission of liability by PSEG for the violations listed herein. However, nothing in this Settlement Agreement shall preclude the Department from considering the violations listed herein when assessing penalties for any future violations.

6. Nothing in this Settlement Agreement shall preclude the Department from taking enforcement action against PSEG for violations not set forth in this Settlement Agreement.

7. This Settlement Agreement shall be effective upon execution by both parties.

DEPARTMENT OF ENVIRONMENTAL PROTECTION BY: *  ;'/'*,¢ ...

Date: I Edward H. Post, P.E., Chief Southern Bureau of Water Compliance and Enforcement PSEG NUCLEAR LLC Date: 4/ / BY: 1/21 (signature)

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By this Signature, I represent as a condition of settlement that I have full authority to execute this document on behalf of PSEG Nuclear LLC.

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W. Garnon Biggs __ "_"_ "

Salem Generating Station PO Box 236 MC-S07 B. 7006 0100 0004 0"65791 Hancoaks Bridge, NJ 08038 U. S. Nuclear Rgulatory Commission Document Control Deck Washington, DC 20555