ML061360238

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Letter to Mr. J. E. Conen, BWR Owners Group, from Jesse L. Funches, CFO, Dated May 12, 2006, Fee Wavier Request
ML061360238
Person / Time
Site: Boiling Water Reactor Owners Group
Issue date: 05/12/2006
From: Funches J
NRC/OCFO
To: Conen J
BWR Owners Group
Suri Renu
References
Download: ML061360238 (4)


Text

May 12, 2006 Mr. J. E. Conen, Chairman BWR Owners Group Detroit Edison 6400 North Dixie Highway Newport, MI 48166

Dear Mr. Conen:

This is in response to your March 30, 2006, letter requesting a fee waiver for the review of the Licensing Topical Report, NEDO-33163, High Burn Up BWR Fuel Rod Gap Release Fractions. The letter cites 10 CFR (a)(1)(ii) and (iii) as the bases for your request for a waiver of fees associated with the review of the Report. Based on my review of the request and information from the U.S. Nuclear Regulatory Commissions (NRC) technical staff, I am denying your request for a fee waiver for the reasons noted below.

Under 10 CFR 170.11 (a)(1)(ii), a report submitted to the NRC for review may be fee exempt if it is in response to a NRC request at the Associate Office Director level or above. This Licensing Topical Report (LTR) was not requested by a senior NRC official. To receive a fee exemption under 10 CFR 170.11(a)(1)(iii), a requestor has to demonstrate that the document submitted for the NRCs review is specifically for the purpose of supporting the NRC's generic regulatory improvements. While the NRC is working on a revision to Regulatory Guide 1.183, removal of footnote 11 which contains a limitation related to the gap fractions for high burnup fuel, is not part of the planned revision. The NRC can continue to license plants without incorporating this LTR in the Guide. In addition, 10 CFR 170.11(a)(1)(iii)(C) states that fees will not be waived for reviews of reports that are not submitted specifically for the purpose of supporting the NRCs generic regulatory improvements, because the primary beneficiary for review of such documents is the requesting organization. Therefore, in these instances, fee waivers will not be granted even though the NRC may realize some benefit from the review and approval of the document. Because the NRCs review of the LTR would primarily benefit the BWR Owners Group and its members, I am denying the requested fee exemption.

If you have any technical questions regarding this matter, please contact Michelle Honcharik at 301-415-1774. For any fee waiver related questions, please contact Renu Suri of my staff at 301-415-0161.

Sincerely,

/RA/

Jesse L. Funches Chief Financial Officer

May 12, 2006 Mr. J. E. Conen, Chairman BWR Owners Group Detroit Edison 6400 North Dixie Highway Newport, MI 48166

Dear Mr. Conen:

This is in response to your March 30, 2006, letter requesting a fee waiver for the review of the Licensing Topical Report, NEDO-33163, High Burn Up BWR Fuel Rod Gap Release Fractions. The letter cites 10 CFR (a)(1)(ii) and (iii) as the bases for your request for a waiver of fees associated with the review of the Report. Based on my review of the request and information from the U.S. Nuclear Regulatory Commissions (NRC) technical staff, I am denying your request for a fee waiver for the reasons noted below.

Under 10 CFR 170.11 (a)(1)(ii), a report submitted to the NRC for review may be fee exempt if it is in response to a NRC request at the Associate Office Director level or above. This Licensing Topical Report (LTR) was not requested by a senior NRC official. To receive a fee exemption under 10 CFR 170.11(a)(1)(iii), a requestor has to demonstrate that the document submitted for the NRCs review is specifically for the purpose of supporting the NRC's generic regulatory improvements. While the NRC is working on a revision to Regulatory Guide 1.183, removal of footnote 11 which contains a limitation related to the gap fractions for high burnup fuel, is not part of the planned revision. The NRC can continue to license plants without incorporating this LTR in the Guide. In addition, 10 CFR 170.11(a)(1)(iii)(C) states that fees will not be waived for reviews of reports that are not submitted specifically for the purpose of supporting the NRCs generic regulatory improvements, because the primary beneficiary for review of such documents is the requesting organization. Therefore, in these instances, fee waivers will not be granted even though the NRC may realize some benefit from the review and approval of the document. Because the NRCs review of the LTR would primarily benefit the BWR Owners Group and its members, I am denying the requested fee exemption.

If you have any technical questions regarding this matter, please contact Michelle Honcharik at 301-415-1774. For any fee waiver related questions, please contact Renu Suri of my staff at 301-415-0161.

Sincerely,

/RA/

Jesse L. Funches Chief Financial Officer Distribution:

E. Poteat S. Crutchfield OCFO/RF DFM 067 (closes)

OC-2006-204(closes)

ADAMSYes G No Initials RS SISP Review Completed: _____________

Publicly Available G Non-Publicly Available G Sensitive Non-Sensitive DOCUMENT NAME: E:\\Filenet\\ML061360238.wpd To receive a copy of this document, indicate in the box::

C = Copy without enclosure E = Copy with enclosure N = No copy. *See Previous Concurrence OFFICE OCFO/DFM E

NRR/DPR/PSPB E

OGC N

OCFO/DFM E

NAME RSuri*

MHoncharik*

TRothschild*

TCroote*

DATE 05/03/06 05/01/06 05/03/06 05 /04/06 OFFICE OCFO/DFM C

OCFO/DFM DCFO C

CFO N

NAME 0

MSGivvines*

PJRabideau*

JLFunches /RA/

DATE 05/08/06 05/10/06 05/11/06 05/12/06

  • See previous concurrence