ML20002A824
| ML20002A824 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 10/30/1980 |
| From: | NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| To: | |
| Shared Package | |
| ML20002A818 | List: |
| References | |
| EA-80-038, EA-80-38, NUDOCS 8011210630 | |
| Download: ML20002A824 (1) | |
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APPENDIX B NOTICE OF PROPOSED IMPOSITION OF A CIVIL PENALTY Boston Edison Company M/C Nuclear Docket No. 50-293 EA-80-38 This office proposes to impose a civil penalty pursuant to Section 234 of the Atomic Energy Act of 1954, as amended (42 USC 2282) and to 10 CFR 2.205, in the amount of Four Thousand Dollars ($4,000) for the specific item of noncom-pliance set forth in Amended Notice of Violation, Appendix A to the cover letter.
In proposing to impose the civil penalty pursuant to this section of the Act and in~ fixing the proposed amount of the penalty, the factors identi-fied in the Statements of Consideration published in the Federal Register with the rule making action which adopted 10 CFR 2.205 (26 FR 16894) August 24, 1971, and the " Criteria for Determining Enforcement Action," which was sent to NRC licensees on December 21, 1974, have been taken into account.
Bostcn Edison Company may, within twenty-five days of the date of this notice pay the civil penalty in the amount of Four Thousand Dollars ($4,000), or may protest the imposition of the civil penalty in whole or in part by a written answer.
Should Boston Edison Company fail to answer within the time specified, this office will issue an order imposing the civil penalty in the amount proposed above.
Should Boston Edison Company elect to file an answer protesting the civil penalty, such an answer may (a) deny the item of noncompliance listed in the Amended Notice of Violation in whole or in part (b) demonstrate extenuating circumstances, (c) show error in the Amended Notice of Violation, or (d) 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.
Any written answer in accordance with 10 CFR 2.205 should be set forth separately from the statement or explanation in reply pursuant to 2.201, but may incorporate by specific reference (e.g.,
giving page and paragraph numbers) to avoid repetition.
Boston Edison Company's attention is directed to the other provisions of 10 CFR 2.205 regarding, in particular, failure to answer and ensuing orders; answer, consideration by this office, and ensuing crders; requests for hearing, hearings and ensuing orders; compromise; and collection.
Upon failure to pay any civil penalty due which has been subsequently determined in accordance with the applicable provisions of 10 CFR 2.205, the matter may be referred to the Attorney General, and the penalty, unless compromised, remitted, or mitigated, may be collected oy civil action pursuant to Section 234c of the Atomic Energy Act of 1954, as amended (42 USC 2282).
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