ML13014A097

NRR E-mail Capture - MD7112 - Kewaunee Plant Closure - Reply to Part 171 Fee Reduction Questions

ML13014A097
Person / Time
Site:	Kewaunee
Issue date:	01/13/2013
From:	Feintuch K Division of Operating Reactor Licensing
To:	Gadzala J, Sly C Dominion Energy Kewaunee
References
TAC MD7112
Download: ML13014A097 (3)

Text

NRR-PMDAPEm Resource From: Feintuch, Karl Sent: Sunday, January 13, 2013 5:56 PM To: 'Jack Gadzala'; 'Craig D Sly' Cc: Howard, Arlette

Subject:

MD7112 - Kewaunee Plant closure - Reply to "Part 171 Fee Reduction" questions Re: your email sent Wednesday, December 12, 2012 12:35 PM ET with a follow-up question sent Wednesday, December 12, 2012 4:25 PM ET and reproduced below in italics:

=

From: Jack Gadzala (Generation - 4)

Sent: Wednesday, December 12, 2012 12:35 PM To: 'Feintuch, Karl' Cc: Craig D Sly (Generation - 6); Richard P Repshas (Generation - 4)

Subject:

Part 171 Fee Reduction

Karl, As stated in Proposed Revision 1 of Regulatory Guide 1.184 (DG-1271, Feb 2012), attached, Once the fuel has been permanently removed from the reactor vessel to the spent fuel pool in conformance with the facilitys technical specifications, the licensee submits a certification of this event to be docketed by the NRC (see 10 CFR 50.4(b)(9) and 10 CFR 50.82(a)(1)(ii)). Thereafter, the 10 CFR Part 50 license will no longer authorize operation of the reactor or allow the movement of fuel into the reactor vessel (see 10 CFR 50.82(a)(2)).

This would entitle the licensee to a fee reduction

• Does the licensee (us) need to request this fee reduction, or does the NRC have processes in place to reduce the Part 171 fees without any action on the part of the Licensee?

• If licensee action is required, what form does that action take (exemption, etc.)?

• Is the fee reduction based on the shutdown date or on the certification date (or another date)?

Thanks, Jack Dominion KPS Licensing 920-388-8604

And clarifying question ==

From: Jack Gadzala [1]

Sent: Wednesday, December 12, 2012 4:25 PM To: Feintuch, Karl Cc: Craig D Sly; Richard P Repshas

Subject:

RE: Part 171 Fee Reduction

Karl, Followup clarifying question:

Contrary to the RG 1.184 statement (hi-lited below), Part 171 states the following (171.5, Definitions).

1

Operating license means having a license issued pursuant to § 50.57 of this chapter. It does not include licenses that only authorize possession of special nuclear material after the Commission has received a request from the licensee to amend its licensee to permanently withdraw its authority to operate This definition would imply that fee reduction goes into effect when we submit our shutdown license amendment request, not when we submit the certification of permanent shutdown. Which is it?

=

I have some information concerning fee reduction derived from communication with NRC staff who calculate fees:

1 - First, to address the clarifying question: In any difference expressed between a Regulation and a Regulatory Guide (RG) or Draft Regulatory Guide (DG), the Regulation always prevails. Regulations are law and are modified by the rule making process. Guides are meant to support the law. When they do not, they need to be modified.

Your Which is it? question frames the shutdown amendment and certifications to be two alternatives for enabling fee reduction. The relationship is that the two certifications and the license amendment are all enabling conditions to be met and the proration date for calculating fee reduction is from the day after the date of docketing of both certifications (That is, certifications of (1) permanent cessation of operations and (2) permanent removal of fuel from the reactor vessel) and if the shutdown license amendment request is docketed. My paraphrasing is drawn from 10CFR171.17, Proration, Subpart (a)(2), Terminations with the understanding that binding interpretations, should you seek one, are governed by 10CFR170.4, Interpretations and come from the Office of the General Counsel.

Thus a calculation of your prorated fee needs 3 docketing events:

(1) Docketing of certification of permanent cessation of operations; (2) Docketing of certification of permanent removal of fuel from the reactor vessel; and (3) Docketing of the shutdown license amendment, but the magnitude of the reduction depends only on the first two events.

2 - Secondly, to address your emailed questions (below in italics) contained in your message of Wednesday, December 12, 2012 12:35 PM ET:

• Does the licensee (us) need to request this fee reduction, or does the NRC have processes in place to reduce the Part 171 fees without any action on the part of the Licensee?

The NRC has a process in place for fee reduction. See 10 CFR Part 171.17(a)(2). http://www.nrc.gov/reading-rm/doc-collections/cfr/part171/part171-0017.html

• If licensee action is required, what form does that action take (exemption, etc.)?

For 10 CFR Part 50 licenses, licensees should request an amendment to withdraw operating authority permanently.

In the case of spent fuel/reactor decommissioning fee, licensees should permanently cease operations and have permanently removed fuel from the site during the FY.

• Is the fee reduction based on the shutdown date or on the certification date (or another date)?

A fee reduction for 10 CFR Part 50 licenses is based on the operating power reactors licensee requesting an amendment to withdraw operating authority permanently during the FY and the fees being prorated based on the number of days in the FY that the license was in effect before docketing of the certifications for permanent cessation of operations and permanent removal of fuel from the reactor vessel or when a final effective order to permanently cease operations has come into effect. The spent fuel/storage decommissioning annual fee for reactor licensees who permanently cease operations and have permanently removed fuel from the site during the FY will be prorated on the basis of the number of days remaining in the FY after docketing of both the certifications of permanent cessation of operations and permanent removal of fuel from the site.

2

Hearing Identifier: NRR_PMDA Email Number: 578 Mail Envelope Properties (26E42474DB238C408C94990815A02F09ADA4404F8F)

Subject:

MD7112 - Kewaunee Plant closure - Reply to "Part 171 Fee Reduction" questions Sent Date: 1/13/2013 5:55:42 PM Received Date: 1/13/2013 5:55:00 PM From: Feintuch, Karl Created By: Karl.Feintuch@nrc.gov Recipients:

"Howard, Arlette" <Arlette.Howard@nrc.gov>

Tracking Status: None

"'Jack Gadzala'" <jack.gadzala@dom.com>

Tracking Status: None

"'Craig D Sly'" <craig.d.sly@dom.com>

Tracking Status: None Post Office: HQCLSTR01.nrc.gov Files Size Date & Time MESSAGE 5953 1/13/2013 5:55:00 PM Options Priority: Standard Return Notification: No Reply Requested: No Sensitivity: Normal Expiration Date:

Recipients Received: