ML072350256

Letter to: Office of the Executive Director for Operations, Attn: Mr. W. J. Dircks Executive Director, Fee Waiver Request (or Fee Waiver Denial), Three Mile Island Nuclear Station, Unit 2

ML072350256
Person / Time
Site:	Three Mile Island
Issue date:	07/13/1984
From:	Kanga B GPU Nuclear Corp
To:	Dircks W NRC/EDO
Renu Suri
References
4410-84-L-0111
Download: ML072350256 (3)

Text

FM NNuclearRoute uclearPost GPU Nuclew Cerpoatio Off ice Box 480 441 South Middletown. Pennsylvania 17057-C 717 944 -7621 TELEX 84-2386 Writer's Direct Dial Number:

(717) 948-8461 4410-84-L-0l111 Document ID 0031A July 13. 1984 office of the Executive Director for Operations Attn: Mr. W. J. Dircks Executive Director US Nuclear Regulatory Commission Washington. DC 20555

Dear !r.D~rcks:

hree Mile Island Nuclear Station, Unit 2 (TMI-2)

Operating License No. DPR-73 Docket No. 50-320 Licensing Fees In accordance with 10 CFR S 170.11(b)(1), GPU Nuclear Corporation requests an exemption from the provisions of 10 CFR Part 170 as they apply to Three Mile Island Unit 2 (TMI-2). Licensee su~bmits that, beca,_se of the unique circumnstances at TMI-2 leading to increased licensing activity. 10 CFR Part 170 improses an undue burden on Licensee and diverts funds that are sorely needed for a safe and expeditious cleanup of TMI-2. For that reason, it is both fair to Licensee and consistent with the public interest to grant the exemption.

Eased on past licensing activity and assuming the NPC staff expends as few as six man-years on activities chargeable to the TMI-2 Recovery Program, the fees for those activities (i.e.. based on the average cost per professional staff hour contained in Section 170.20) would approximate $400,000 in CY 1984 and as much as $800,000 per year thereafter. In addition, it is understood that TMI-2 would be liable for a fixed annual fee for routine inspections amounting to $300,000 plus full-cost reimbursement for non-routine inspections. Thereafter, the GPU Nuclear Corporation isa subsidiary of the General Public Utilities Corporation

• 3--. 1, .

Mr. W. J. Dircks -- July 13. 1984 4410-84-L-01111 total cost may be as much as $700.000 in CY 1984 and exceed $1 million each year thereafter.

Exempting TMI-2 from application of 10 CFR Part 170 is indeed authorized: 10 CFR 170.12 states that "Wthe Comm~ission may. upon application by an interested person... .grant such exemptions from the requirements of this part as are authorized by law and are otherwise in the public interest." Title V of the Independent Offices Appropriation Act of 1952 provides that if an agency chooses to charge fees, they must be fair and based inter alia on the value of the service to the recipient and on the public policy or interest served. The inordinate fees that would be charged the TMI-2 Recovery Program do not bear a direct relation to the value of the service to Licensee.

Moreover, in view of recent expressions of concern by the Commutission relating to the adequacy of -funding and the current pace of TMI -2 recovery activities, imposition of substantially increased administrative fees for the NRC support of the recovery effort appears to be inconsistent -with attaining the cormmon objectives of a safe and expeditious cleanup of TMI-2. Exemption from the provisions of 10 CFR Part 170 would make additional funds, which other-wise would be necessarily diverted to fees, available for actual cleanup operations and would facilitate more expeditious accomplishment of cleanup, in a manner

• which best serves the public interest.

Your prompt -consideration of this request will be greatly appreciated.

Sncerely B. K. Kanga Direc~tor. TMI-BKK/jep cc: Chairmian -NRC, Mr. N. J. Palladino Comrmiissioner, Mr. J. K. Asselstine Commissioner, Mr. F. M. Bernthal Conmmissioner, Mr. T. M. Roberts Cormmissioner, Mr. L. W. Zech, Jr.

Director -Office of Nuclear Reactor Regulation, Mr. H. R. Denton Program Director - TMI Pro-gram Office, Dr. B. J. Snyder Acting Deputy Program Director - TMI Program Office, Mr. P. J. Grant

Mr. W. 3. Dircks July 13, 1984 4410-84-L-0111 Obcc: President - GPU Nuclear Corporation, P. R. Clark Executive Vice President - GPUI Nuclear Corporation, E. E. Kintner Deputy Director, ThI-2, J. J. Barton Director, Licensing and Nuclear Safety, R. E. Rogan Manager, ThI-2 Licensing, J. J. Byrne Manager, Program Controls, 1. G. Santee F. Standerfer