ML18052A604

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Advises That Fees Will Be Refunded Based on Withdrawal of Applications Per Encl List of Applications,Fees Paid & Determination & Action.Refund Not Appropriate for 791031 Application,Per 10CFR170
ML18052A604
Person / Time
Site: Palisades Entergy icon.png
Issue date: 07/17/1986
From: Holloway C
NRC OFFICE OF ADMINISTRATION (ADM)
To: Berry K
CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.)
References
NUDOCS 8607220656
Download: ML18052A604 (4)


Text

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e JUL 17 \\986.

Docket No. 50-255 Consumers Power Company ATTN:

Mr. Kenneth W. Berry Director of Nuclear Licensing 1945 West Parnall Road Jackson, MI 49201 Gentlemen:

By letter dated March 5, 1986, your Company withdrew several applica-tions for the Palisades Nuclear Plant and requested a credit or refund for each fee paid for those applications listed on Attachment III to your letter.* Under the provisions of 10 CFR 170.12(a) of the March 23, 1978 regulations, the NRC may retain fees for applications regardless of the disposition of the applications or their withdrawal.

However, it has been NRC policy not to retain fees for applications filed pursuant to 10 CFR 170 of the March 23~ 1978 regulations if review had not commenced prior to the withdrawal of an application.

Enclosed is a listing of each application, fees paid, and the Office of N~clear Reactor Regulation (ONRR) staff's final fee determination on each.

The ONRR staff has informed us that review had commenced on Item Nos. 3

  • through 7 listed in the enclosure prior to their withdrawal as evidence~

by prenoticing in the Federal Register. Since no further review was done other than that required for the prenoticing effort, it ha~ been

  • determined that a Class II fee ($1,200) for each would be appropriate since the review done was administrative in nature. It has been determined that an exemption from the fee requirements o.f 10 CFR 170.22 is appropriate fat Item ~os. l and 9*on the enclosed list since no review had commenced prior to their withdrawal or prior to *being superseded by another application.

On this basis, we have concluded that an exemption, pursuant to 10 CFR 170.ll(b)(l), -from the fee

-requirements is authorized by law and is hereby granted for your May 5~

  • 1980 and March 14, 1983 applications. While your March 14, 1983 application was not on your list, it is our understanding that it was '

superseded by a new application dated May 13, 1985.

On this basis, it was added to the list of old applications to be considered.

The base~

  • for fees for the two remaining applications (Items 2 and lfr) are explained on the enclosed list.* - -*

Your March 5, 1986 letter also requested withdrawal of your October 31,-

1979 application and a refund of the $1,200 fee paid. This application was superseded by your December 20, 1982 application and the $1,200 fee paid was applied to the $4,000 determined to be appropriate for the December 20, 1982 application. The ONRR staff has informed us.that

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OFFICE e

.JUL 171986 2

review had commenced on the December 20 application prior to it being superseded by a January 11, 1985 submittal. Therefore, a refund is not appropriate for it.

As a result of the final review of the applications, we find that a refund of $16,400 to your Company would be fair and reasonable for your withdrawn or superseded applications.

We have notified the Office of Resource Management to refund your Company the sum of $16,400.

Refunds are generally processed within a two week period.

Enclosure:

List of Applications and Fees DISTRIBUTION:

PDR LPDR Reg Files RMDiggs TWambach, PBD-8

  • PKreutzer, PBD-8 LFMS Refund File LFMS Reactor File LFMS R/F OW/LT/Consumers
LFMS:ADM Sincerely, C. James Holloway, Jr.

Acting Director License Fee Management Staff Office of Administration

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SURNAME remper/RMDiggs:jp lloway

---DATE--~-7ii~i86---~;/---i86----~;~-i86----~------------~*-----------:-----------~:

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Application Date

1. 5/5/80 - Concentrated Boric Acid Tank Level
2.

5/14/80 - Containment High Pressure and Sections 3 and 4 of the T. S.

3.

ill /12/81 - NUREG-0737

.Item III.D.1.1 - Leakage from systems outside containment

4. 11/17/81 - Equipment and Sampling Tests
5.

6/25/82 - Fire Protection System

6.

6/25/82 - Primary Coolant Boron Concentration

7. 6/29/82 - Surveillance Requirements for Con-tainment Air Cooling System
8.

12/20/82 - Admini'strative Controls

9.

3/14/83 - Periodic Testing Battery Service and Per-formance Discharge Tests List of Applications and Fees Palisades Nuclear Plant Dock~t No. 50-255 Fees Fees Paid Applicable

$4,000 None 12,300

$12,300 4,000

$1,200 4,000 l,200 4,000 l,200 4,000.

1,200 l,200 l,200 4,000 4,000 1,200 None ONRR's Fee Determination & Action Exempt - No review commenced prior to with-drawal on 3/5/86.

Partially approved by Am. 59 on 7/29/80 and reviews of other T.S.

changes had commenced.

Review done was admini-l strative in nature.

Withdrawn 3/5/86.

r Administrative in nature.

Withdrawn 3/5/86.

Administrative in nature.

Withdrawn 3/5/86.

Administrative in nature.

Withdrawn 3/5/86.

Administrative in nature.

Withdrawn 3/5/8~

Significant review com-pleted prior to being superseded by 1/11/85 I

application and was more i

than administrative in I

nature.

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No review commenced -

! I Superseded by application I

dated 5/13/85.

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10. 2/5/85 - Minimum Conditions for Criticality 2

Jj TOTAL FEES PAID...*.. $38,700 TOTAL FEES APPLICABLE.... 22,300 REFUND DUE CPC....... $16,400 Review commenced.

Costs through withdrawal on 3/5/86 will be detennined and billed in accordance with current Part 170.12(c).

11$248 ($150 application fee and $98 billed on Invoice E0652 dated 4/1/86 for review through 6/22/85.