[Federal Register Volume 66, Number 95 (Wednesday, May 16, 2001)]
[Notices]
[Pages 27166-27167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12340]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 50-390, 50-327, 50-328, 50-269, 50-260, 50-296; License 
Nos. NPF-90, DPR-77, DPR-79, DPR-33, DPR-52, DPR-68 EA 99-234]


Tennessee Valley Authority, Watts Bar Nuclear Plant, Unit 1, 
Sequoyah Nuclear Plant, Units 1 & 2, Browns Ferry Nuclear Plant, Units 
1, 2 & 3; Order Imposing Civil Monetary Penalty

I

    Tennessee Valley Authority (Licensee) is the holder of Operating 
License Nos. NPF-90, DPR-77, DPR-79, DPR-33, DPR-52, DPR-68, issued by 
the Nuclear Regulatory Commission (NRC or Commission) on February 7, 
1996, September 17, 1980, September 15, 1981, December 20, 1973, August 
2, 1974, and July 2, 1976. The licenses authorize the Licensee to 
operate Watts Bar Nuclear Plant, Unit 1, Sequoyah Nuclear Plant, Units 
1 and 2, and Browns Ferry Nuclear Plant, Units 1, 2, and 3, in 
accordance with the conditions specified therein.

II

    An investigation of the Licensee's activities was completed on 
August 4, 1999. 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 
February 7, 2000. The Notice states the nature of the violation, the 
provision of the NRC's requirements that the Licensee had violated, and 
the amount of the civil penalty proposed for the violation.
    The Licensee responded to the Notice in letters dated January 22, 
2001, and March 9, 2001. In its response, the Licensee denied the 
violation and protested the proposed imposition of a civil penalty.

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 that 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

[[Page 27167]]

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 II, 61 Forsyth Street, SW., Suite 
23T85, Atlanta, Georgia 30303-8931.
    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 4th day of May 2001.

    For the Nuclear Regulatory Commission.
William F. Kane,
Deputy Executive Director for Regulatory Programs.
[FR Doc. 01-12340 Filed 5-15-01; 8:45 am]
BILLING CODE 7590-01-P