[Federal Register Volume 65, Number 157 (Monday, August 14, 2000)]
[Notices]
[Pages 49610-49611]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20582]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 50-440, License No. NPF-58 EA 99-012]


First Energy Operating Company, FENOC; Perry Nuclear Power Plant, 
Unit 1; Order Imposing Civil Monetary Penalty

I

    First Energy Operating Company (FENOC or Licensee) is the holder of 
Operating License No. NPF-58 issued by the Nuclear Regulatory 
Commission

[[Page 49611]]

(NRC or Commission) on November 13, 1986. The license authorizes the 
Licensee to operate the Perry Nuclear Power Plant, Unit 1, in 
accordance with the conditions specified therein.

II

    An investigation of the Licensee's activities was completed by the 
NRC Office of Investigation (OI) on December 18, 1998. The results of 
this investigation indicated that the Licensee had not conducted its 
activities in full compliance with NRC requirements. A written Notice 
of Violation and Proposed Imposition of Civil Penalty (Notice) was 
served upon the Licensee by letter dated May 20, 1999. The Notice 
states the nature of the violation, the provision of the NRC's 
requirements that the Licensee violated, and the amount of the civil 
penalty proposed for the violation.
    The Licensee responded to the Notice in a letter dated February 25, 
2000. In its response, the Licensee denied the violation, requested 
that the violation be withdrawn, and requested the proposed civil 
penalty be rescinded.

III

    After consideration of the Licensee's response and the statements 
of fact, explanation, and argument for mitigation contained therein, 
the NRC staff has determined the violation occurred as stated and that 
the penalty proposed for the violation designated in the Notice should 
be imposed.

IV

    In view of the foregoing and pursuant to Section 234 of the Atomic 
Energy Act of 1954, as amended (Act), 42 U.S.C. 2282, and 10 CFR 2.205, 
It is hereby ordered that:
    The Licensee pay a civil penalty in the amount of $110,000 within 
30 days of the date of this Order, in accordance with NUREG/BR-0254. In 
addition, at the time of making the payment, the Licensee shall submit 
a statement indicating when and by what method payment was made, to the 
Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, 
One White Flint North, 11555 Rockville Pike, Rockville, MD 20852-2738.

V

    The Licensee may request a hearing within 30 days of the date of 
this Order. Where good cause is shown, consideration will be given to 
extending the time to request a hearing. A request for extension of 
time must be made in writing to the Director, Office of Enforcement, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555, and include a 
statement of good cause for the extension. A request for a hearing 
should be clearly marked as a ``Request for an Enforcement Hearing'' 
and shall be submitted to the Secretary, U.S. Nuclear Regulatory 
Commission, ATTN: Rulemakings and Adjudications Staff, Washington, DC 
20555. Copies also shall be sent to the Director, Office of 
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555, 
to the Assistant General Counsel for Materials Litigation and 
Enforcement at the same address, and to the Regional Administrator, NRC 
Region III, 801 Warrenville Road, Lisle, IL 60532-4351.
    If a hearing is requested, the Commission will issue an Order 
designating the time and place of the hearing. If the Licensee fails to 
request a hearing within 30 days of the date of this Order (or if 
written approval of an extension of time in which to request a hearing 
has not been granted), the provisions of this Order shall be effective 
without further proceedings. If payment has not been made by that time, 
the matter may be referred to the Attorney General for collection.
    In the event the Licensee requests a hearing as provided above, the 
issues to be considered at such hearing shall be:
    (a) whether the Licensee was in violation of the Commission's 
requirements as set forth in the Notice referenced in Section II above 
and
    (b) whether, on the basis of such violation, this Order should be 
sustained.

    Dated at Rockville, Maryland this 3rd day of August 2000.

For the Nuclear Regulatory Ccommission.
Frank J. Miraglia, Jr.,
Deputy Executive Director for Reactor Programs.
[FR Doc. 00-20582 Filed 8-11-00; 8:45 am]
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