ML17298C104
| ML17298C104 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde  |
| Issue date: | 04/24/1985 |
| From: | Miller W NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Van Brunt E ARIZONA PUBLIC SERVICE CO. (FORMERLY ARIZONA NUCLEAR |
| References | |
| NUDOCS 8505030694 | |
| Download: ML17298C104 (4) | |
Text
I Arizona Nuclear Power Project ATTN:
Nr. E. E. Van Brunt, Jr.
Executive Vice President P.O.
Box 52034 Phoenix. Arizona 85072-2034
Dear Hr. Van Brunt:
This is in response to your letter of March 11, 1985, concerning fees that the HRC billed your company for the operating license reviews for the Palo Verde Units 1, 2 and 3.
Enclosed you will find copies of the documentation which was the basis for the bills issued to the Arizona Nuclear Power Project for the three Palo Verde units.
These records are made avai'lable so that you may review the data used by the NRC in computing the fees (professional staff hours and contractual support costs).
HRC records maintained in support of fees are not subject to audit by non-Governmental entities.
These records are made available to you to review for the purpose of verifying the accuracy of the data used by the NRC to determine the fee (professional staff hours and contractual support costs).
If you believe an error exists in the computation, that fact. with supporting evidence should be presented to this office in writing. If merit is found in any such claim, the NRC will make an appropriate adjustment in the fee.
On the other hand. if no merit is found. you would be so advised with reasons therefor.
Your letter states the HRC made retroactive application of the June 20, 1984 revised fee schedule in billing for the review services.
The HRC's position on when a fee is fixed has not'hanged.
Thus for operating license applications filed before June 20, 1984, the requirements for applicability of the June 20, 1984. schedule remains the same.
Just as with the 1978 fee schedule, the fee due is that fee in the schedule legally in effect in Part 170 at the time the full fee becomes payable.
In the Statement of Considerations to the 1978 rule, the Commission made its position clear as to the fee due with the statement, "In the case of Part 50 construction permits, manufacturing licenses and operating
- licenses, where the permit or license review is completed after the effective date of this amendment to Part 170, the revised schedule shall apply."
The Court approved the 1978 rule in Nississi i Power and Li ht
- v. U.S. Nuclear Re ulato Commission.
The position was ratifie again
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Arizona Nuclear Power Project APR P. 4 1885 applied to applications withdrawn after the effective date of the rule, regardless of when the application was filed.
Thus for both license fees and fees for withdrawn applications, the controlling cases establish that the fee to be charged is the fee in the rule in effect at the time the license is issued or the application is withdrawn.
The right of the Government to collect the full fee and the obligation of the applicant to pay are finally fixed at that time, and not before.
If you still wish to meet with the License Fee Management Branch after you have reviewed the documentation furnished you or if you have questions, please contact me.
Sincerely,
Enclosure:
Fee Documentation Original Signed bg Wm. 0 Miller Milliam 0. Hiller, Chief License Fee Management Branch Office of Administration DISTRIBUTION:
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LPDR Actual Manpower Files (3)
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LFNB Reactor Files (3)
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