ML051180407

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Response to 14/12/05 Memo, Request for Fee Exemption for Participants in the Pilot Plant Reviews for Power Station Transition to 10 CFR 50.48(c)
ML051180407
Person / Time
Site: Oconee  Duke Energy icon.png
Issue date: 04/28/2005
From: Funches J
NRC/OCFO
To: Marsh L
NRC/NRR/DLPM
References
Download: ML051180407 (3)


Text

April 28, 2005 MEMORANDUM TO: Ledyard B. Marsh, Director Division of Licensing Project Management Office of Nuclear Reactor Regulation FROM: Jesse L. Funches /RA/

Chief Financial Officer

SUBJECT:

REQUEST FOR FEE EXEMPTION FOR PARTICIPANTS IN THE PILOT PLANT REVIEWS FOR POWER STATION TRANSITION TO 10 CFR 50.48(c)

I am responding to your memorandum dated April 12, 2005, requesting a waiver of license amendment fees under 10 CFR 170.11(a)(1)(ii) for two power stations participating in the pilot plant program for transitioning from 10 CFR 50.48(b) (Appendix R Fire Protection Requirements) to 10 CFR 50.48(c) (Risk-Informed, Performance-Based Fire Protection Requirements). You request that licensing fees for these participants be waived pursuant to 10 CFR 170.11(a)(1)(ii), which states that fees are not required for special projects requested by the NRC (at the Associate Office Director level or above) to resolve an identified safety, safeguards, or environmental issue. As explained below, while I am unable to grant a fee waiver under that part of our regulations since your request does not qualify as a special project, I am granting the fee waiver request in accordance with 10 CFR 170.11(b)(1).

Based on information you provided, I understand that the NRC will benefit from licensee participation in this program by gaining information that will be used to update inspection procedures. In addition, the license amendments submitted by the pilot plants will be used to prepare a template for future license amendment requests and update the standard review plan for plants that plan to adopt 10 CFR 50.48(c).

Therefore, I believe an exemption from the 10 CFR Part 170 fees for the review of license amendments resulting from the transition to 10 CFR 50.48(c) for two pilot plant participants is appropriate. This exemption is authorized by law and is granted in accordance with 10 CFR Part 170.11(b)(1), which states that the Commission may, . . . grant such exemptions from the requirements of this part as it determines are authorized by law and are otherwise in the public interest. You requested an exemption under 10 CFR 170.11(a)(1)(ii), which states that fees are not required for special projects requested by the NRC (at the Associate Office Director level or above) to resolve an identified safety, safeguards, or environmental issue. Our regulations state that a special project refers to a request for review for which fees are not otherwise specified in this chapter. Since licensing fees are specified in our regulations (e.g., staff review of amendment requests), I was unable to grant you the fee exemption under that part of our regulations.

CONTACT: Renu Suri, OCFO/DFM/LFT 415-0161 RXS6@nrc.gov

L. B. Marsh Under separate cover, I am approving the fee waiver request from Duke Power for the Oconee Power Stations transition to the new fire protection rule as the first pilot plant. Once you identify the second pilot plant qualifying for this fee waiver, please notify Ellen Poteat of my staff at 415-6392. Ms. Poteat will help ensure the proper fee exempt technical activity codes are established within your office for this pilot review program.

cc: Brian Sheron, NRR Paul Lain, NRR/DSSA

L. B. Marsh Under separate cover, I am approving the fee waiver request from Duke Power for the Oconee Power Stations transition to the new fire protection rule as the first pilot plant. Once you identify the second pilot plant qualifying for this fee waiver, please notify Ellen Poteat of my staff at 415-6392. Ms. Poteat will help ensure the proper fee exempt technical activity codes are established within your office for this pilot review program.

cc: Brian Sheron, NRR Paul Lain, NRR/DSSA Distribution:

OCFO/DFM/LFT RF OCFO/DFM RF OCFO RF OCFO/DFM/LFT SF 3.2.8 OCFO-2005-163 OCFO-2004-064 (DFM)

L. Tremper E. Poteat R. Suri S. Crutchfield S. Weerakkody S. Black J. Hannon C. Patel DOCUMENT NAME: C:\FileNet\ML051180407.wpd ADAMS Yes G No Initials RS SISP Review Completed: rs 4/28/05 G Publicly Available Non-Publicly Available G Sensitive Non-Sensitive To receive a copy of this document, indicate in the box:

C = Copy w/o att/enc E = Copy w/ att/enc N = No copy. *See Previous Concurrence OFFICE OCFO/DFM/LFT E OCFO/DFM/LFT C OCFO/DFM N OCFO/DFM N NAME RSuri* RDCarlson* ACRossi* MSGivvines*

DATE 04/22 /05 04/25/05 04/25/05 04/25/05 OFFICE DCFO N CFO N NAME PJRabideau JLFunches DATE 04/28/05 04/28/05