[Federal Register Volume 59, Number 5 (Friday, January 7, 1994)]
[Notices]
[Page 1038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-339]


[[Page Unknown]]

[Federal Register: January 7, 1994]


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NUCLEAR REGULATORY COMMISSION
[Docket No. 50-271]

 

Vermont Yankee Nuclear Power Corporation; Vermont Yankee Nuclear 
Power Station; Issuance of Director's Decision Under 10 CFR 2.206

    Notice is hereby given that the Director, Office of Enforcement, 
has taken action with regard to a Petition for action under 10 CFR 
2.206 received from Messrs. Michael Daley and Jonathan M. Block, dated 
September 1, 1993, on behalf of the New England Coalition on Nuclear 
Pollution (Petitioner), regarding the Vermont Yankee Nuclear Power 
Station.
    The Petitioner requested that the NRC reconsider the August 2, 1993 
civil penalty assessed against the Vermont Yankee Nuclear Power 
Corporation for operating the Vermont Yankee Nuclear Power Station 
outside Technical Specifications from October 15, 1992 to April 6, 
1993.
    The Petitioner requested reconsideration based on its view that: 
(A) the seriousness of the event was greater than determined by the 
NRC; (B) the licensee failed to adequately respond to a number of 
questions posed by the NRC in the cover letter to the May 24, 1993 
inspection report documenting the review of the issue; (C) the licensee 
has consistently failed to heed and learn from industry experience and 
practice, which in this case involved industry and NRC guidance on 
materials used in scram solenoid pilot valves; and (D) the NRC failed 
to effectively penalize the licensee in relation to the income 
generated by plant operation during the period that the plant operated 
in violation of the Technical Specifications.
    The Director of the Office of Enforcement has reviewed the bases 
for the Notice of Violation and civil penalty that was issued and found 
the enforcement action to be proper. Therefore, the Petitioner's 
request has been denied. The reasons for the denial are explained in 
the ``Director's Decision Under 10 CFR 2.206'' (DD-93-23) which is 
available for public inspection at the Nuclear Regulatory Commission's 
Public Document Room, 2120 L Street, NW., Washington, DC 20555, and at 
the Local Public Document Room for the Vermont Yankee Nuclear Power 
Station, Brooks Memorial Library, 224 Main Street, Brattleboro, Vermont 
05301.
    A copy of this Decision will be filed with the Secretary of the 
Commission for the Commission's review in accordance with 10 CFR 
2.206(c) of the Commission's regulations. As provided by that 
regulation, the Decision will constitute the final action of the 
Commission 25 days after the date of issuance of the Decision unless 
the Commission, on its own motion, institutes a review of the decision 
within that time.

    Dated at Rockville, Maryland, this 28th day of December 1993.

    For the Nuclear Regulatory Commission.
James Lieberman,
Director, Office of Enforcement.
[FR Doc. 94-339 Filed 1-6-94; 8:45 am]
BILLING CODE 7590-01-M