ML20062E984

Forwards Request for Enforcement Hearing on Issues Raised in EA-88-040 & 900821 Order Imposing Civil Monetary Penalty. Util Believes Prudent & Acceptable Engineering Judgment Exercised Despite Minor Deficiencies Cited as Violations

ML20062E984
Person / Time
Site:	Farley
Issue date:	11/15/1990
From:	Hairston W ALABAMA POWER CO.
To:	Lieberman J NRC OFFICE OF ENFORCEMENT (OE)
Shared Package
ML20062E986	List: ML20062E984 ML20062E989
References
EA-88-040, NUDOCS 9011270010
Download: ML20062E984 (2)

Text

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• • Alabama Power Comp:ny hm 4Dinvern:ss Ccntt Parkw:y Post Othee Bon 1295 Birmingnem, Alabama 35201 Telf phone 205 B68-6581 W. O. Halroton, til Senior Vice President Nuclear Operahons AlabamaPower November 15, 1990 Docket Nos. 50-348 50-364 Enforcement Action: 88-40 ,

Mr. James Lieberman Director Office of Enforcement  !

United States Nuclear Regulatory Commission Washington, D. C. 20555 Attention: Document Control Desk l

f Joseph M. Tarley Nuclear Plant - Units 1 and 2 Request for an Enforcement Hearing

Dear Mr. Lieberman:

l This letter transmits Alabama Power Company's request for an enforcement hearin on the issues raised by Enforcement Action 88-40 and the L

, order Imposing a C vil Moneta Penalty dated August 21, 1990. Such issues I include, but are not necessari y limited to, whether Alabama Power Company i

violated the Nuclear Regulatory Conenission's Environmental Qualification (EQ) regulations as set forth in the Notice of Violation and Proposed Imposition of Civil Penalty (NOV) and whether the order Imposing a civil Monetary Penalty should be sustained.

Alabama Power Company regrets having to request a hearing in this matter. In its detailed response dated November 14, 1988 to the NOV, Alabama Power Conpany presented clear and objective evidence that, in many of the instances identified as regulatory violations by the NRC staff, Alabama Power company in fact exercised prudent and acceptable engineering judgment.

Moreover, many of the deficiencies cited in Alabama Power Company's Environmental Qualification program were minor ones, lacking in rafety significance, and do not provide a basis for an escalated enforcement action and the extraordinary civil penalty inposed. Even after reviewing and l considering the NRC staff's recent written evaluation of the detailed resy nse, Alabama Power Company still believes that its position is justified.

A1.a:mma Power Company therefore has no recourse now but to request a hearing.

Notwithstanding this request, please be assured that Alabama Power Conpany will continue to operate its licensed facilities with the highest possible regard for public health and safety. Alabama Power Company's objective in requesting a hearing in this enforcement action is to demonstrate through the adjudicatory process the professionalism and sound judgment which was exercised in complying with the EQ regulations. Moreover, you l

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. Mr. James Lieberman Director Office of Enforcement United States ibelear Regulatory Comission Page 2 are assured that during the course of resolving the issues raised by the request for hearing, Alabama Power Company and its attorneys will cooperate fully with the ime staff and its attorneys so that the matter can be concluded responsibly, courteously and expeditiously.

Of course, Alabama Power Company is always willing to discuss the matter further in any appropriate forum should you decide to do so.

Respectfully submitted, AtAIW% PONER COMPAf#

C0. .

.LL W. G. Hairston, III WGH,III/RWSimgd 25.40 Enclosure cci Mr. S. D. Ebneter Mr. S. T. Hoffman Mr. G. T. Maxwell l

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