ML20140E462

Responds to Suggesting Commission Adopt Alternative Approach in Considering Assessment of Civil Penalties Against Northeast Utilities for Violations of NRC Requirements.Commission Considering Enforcement Action

ML20140E462
Person / Time
Site:	Millstone, Haddam Neck  File:Connecticut Yankee Atomic Power Co icon.png
Issue date:	04/10/1997
From:	Shirley Ann Jackson, The Chairman NRC COMMISSION (OCM)
To:	Concannon T, Woollacott E CONNECTICUT, STATE OF
Shared Package
ML20140E466	List: ML20140E462 ML20140E468
References
NUDOCS 9704280266
Download: ML20140E462 (2)

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" 4 NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 l

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• CHAIRMAN p8 April 10, 1997 5D, yf 3 3% l g3 The Honorable Terry Concannon Mr. Evan W. Woollacott  !

Co-Chairs 4 Nuclear Energy Advisory Council Room 4035 Legislative Office Building l l

Capitol Avenue 1 l Hartford, Connecticut 06106

Dear Ms. Concannon and Mr. Woollacott:

Your letter of Cebruary 7,1997, on behalf of the Nuclear Energy Advisory Council (NEAC) suggested that the Commission adopt an alternative approach in l considering t..e assessment of civil penalties against Northeast Utilities for violations of NRC requirements at the Haddam Neck or Millstone plants. In this regard, NEAC suggested that the Commission, after it identified any penalties it might assess, direct Northeast Utilities to use the money to I establish a special health, safety, and environmental fund to be used by the communities near the plants for relevant purposes.

You should be aware that the General Accounting Office (GA0) previously has advised the Commission that it may not redirect civil penalties otherwise assessed to fund research or similar projects as an alternative sanction for regulatory violations. See Nuclear Regulatory Coamission's Authority to Nitigate Civil Penalties, B-238419, 70 Comp. Gen. 17 (1990). We recognize, l

and the GA0 concedes, that the Commissic, has authority to mitigate or remit civil penalties to reflect the special circumstances of tho vielation or concessions exacted from the violator. Our enforcement policy provides for mitigation of penalties based on a licensee's corrective action, with due consideration for other circumstances surrounding a violation.

l We also are aware that the Environmental Protection Agency (EPA) has adopted l a policy for evaluating supplemental environmental projects as part of a l settlement of civil penalty actions brought against polluters. The GA0 has found the same principles regarding civil penalty mitigation applicable to EPA's discretion as it applied to the NRC as described above. Consistent with l GAO's opinions, however, EPA has accepted projects pursuant to well-defined criteria, for example, where a project has a nexus to the violations at issue.

With regard to EPA, such projects must remediate or reduce the probable ,

environmental impacts or risks to which the violations contributed or reduce l the likelihood that such violations will occur in the future. EPA excludes bE

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from consideration such proposals as general educational or environmental awareness projects, contributions to university research, or projects unrelated to environmental protection.

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i i Under the very general terms your letter describes, we believe it would be '

! difficult to fit the project as you have described it in your letter within the permissible' bounds of the legal constraints and policies described above.

4 As you may be-aware, agency staff has discussed this issue with staff from ,

i Senators Lieberman and Dodd's offices. -Although the Commission is considering i enforcement. action against Northeast Utilities in the near future which may ,

j include the proposed imposition of civil penalties, we will consider' carefully  !

the licensee's response to any such penalties.

I We appreciate your interest in this matter.

) Sincerely, i

Shirley Ann Jackson

- cc: Senator Christopher J. Dodd l j Senator Joseph I. Lieberman l j Representative Sam Gejdenson Mr. Bruce D. Kenyon J i i D'

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