ML19199A582

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States No Fees Will Be Required for Amends to Licenses DPR-73 & DPR-74
ML19199A582
Person / Time
Site: Cook, Crane  American Electric Power icon.png
Issue date: 04/07/1978
From: Miller W
NRC OFFICE OF ADMINISTRATION (ADM)
To:
NRC OFFICE OF ADMINISTRATION (ADM)
References
NUDOCS 7905040217
Download: ML19199A582 (2)


Text

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DOCKET NO. 50-316 DOCKET tt0. 50-320a gpp 7 gg VEtCRAliDG4 FOR: Files FRON:

W. O. Millt.t Chief, License Fee Management Branch, /G1 SUEJECT:

OPERATING LICENSE FEES - COOK 2 AMD TimEE MILE ISLAND 2 On December 15, 1977 and January 18, 1978 NRR notified LFMB that they expect 2d to issue full power licenses to the Donald C. Cook Nuclear Plant, Unit 2 and Three Mile Island Nuclear Station, Unit 2, rescectively.

Indiana 1 Michigan Electric Cmpany (Cook 2) and Ntropolitan Edison Cocpany (Three Mile Island 2) were promptly notified of the ocerating license fees due upon issuance of the licenses.

On Dem+ar 23, 1977, NRR issued Facility Operating License DPR-74 for the operation of Cook 2 and Indiana Michigan Electric Cmoany paid the operating license fee of $877,335 which was based on full (100",) pcwer operation. Paragraph 2.C.(1) of the license, which specifies the maxim = power level, states that " Indiana and Michigan Power Ccrpany is authorized to operata the facility at steady state reactor core power levels not in excess of 3391 megantts thermal in accordance with the conditicas specified herein and in Attachment 1 of the license." Thus, the operation of the facility was restricted to the sequence of operational riodes described in Attachr.ent 1 to the license until the preoperational tests, startup tests and other itects noted in Attachment I were ccrapleted.

The license requires the licensee to notify the ccrinission of the cmoletien of the tests and the Cosmission must determina that the tests have been satisfactorily cen:pleted. On March 23, 1978, the effective date of the revised fee schedule, Cook 2 had authority for Mode 1 cperation not to exceed 678 megawatts thermal (20% power of the rated core power of 3391 icegawatts thermal). Do February 8,1978, NRR issued Facility Operating License DPR-73 for the operation of Three Mile Island 2 and Metropolitan Edisco Ccmpany paid the operating license fee of $762,820 which was based on full (100%) power operation. Paragraph 2.C.(1) of the license, which specifies the maricum power level, states that " Metropolitan Edison Cocrpany is authorized to operate the facility at a core power level of 2772 mega-watts tharsal. Prior to attaining that pcwer level, Metropolitan Edison shall cmoly with the appropriate ccnditions identified in Paragraph (3) below and eteplete the precoerational tests, startup tests, and other 1+m identified in Attachoent 2 to this license in the sequence specified."

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Thus, the oceration of the facility was restricted to the sequence of operational medes and other events described in Attachment 2 to the license until the precoerational tests, startup tests and other items noted in Attachment 2 were etnpleted. The license requires the licensee to notify the Cecraission of the c=pletion of the tests and the Comtission detemines that the tests have been satisfactorily empleted. On March 23, 1978, the effective date of the revised fee schedule, Three Mile Island 2 was authorized to proceed to operational Mode 4 (hot shutdovm).

The questien arose as to whether there were additional operating license fees due for the two units described above since they had not reached full (10c%) pcuer operation on 'Aarch 23, 1973, the effective data of the revised license fee schedule. Footnote 1 to 10 CFR 170.21 reads that "shere a partial fee for a power reactor operating license has been caid prior to the effective date of this anendment, the amount paid shall be deducted frca the fee prescribed by this ac:endoent and the difference will be due when the cperating license for 100 percent power is issued." In bhese two cases. " full" operating license fees were paid under the schedule existing at the tJoe the licansa es issued. Accordinely, we are advised by the OELD that the Craission is pmluded for assessing additional operating license fees under the revised schedule. Footnote 1 to 10 CFR 170.22 reads in part that " License anendaents... resulting in an initial increase in power to 100 percent of the initial design power level are not subject to these fees...* Therefore, amendments issued to these ooerating licenses authorizing initial increases in power up to 100 percent of the initial design power level, will not be assessed an waxut fee emder the revised schedule.

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William O. Miller, Chief License Fee Manage:nent Branch Office of Adninistration Approved:

"" *" BI DanielJ.Donoghua,

ITa~nTel A conognue, Director Office of Administration DISH IBUTION:

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