ML19256A577

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Responds to NRC 780929 & s Requesting Fees for Cost of Staffs Review of Submitted Contingency Plan.Submits Fee Under Protest & W/O Prejudice of Right to Claim Refun. Requests Formal Interpretation of Fees by General Counsel
ML19256A577
Person / Time
Site: 07000734
Issue date: 12/14/1978
From: Mowry W
GENERAL ATOMICS (FORMERLY GA TECHNOLOGIES, INC./GENER
To: Weiss D
NRC OFFICE OF ADMINISTRATION (ADM)
References
NUDOCS 7901090044
Download: ML19256A577 (3)


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GENERAL ATOMIC COMPANY Po box 91(06 SAN DIEGO. CAUFCANIA W8 In Reply pty m ue December 14, 1978 f'*-ReferTo:

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Mr. Douglas Weiss

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License Fee Management Branch n_

Silver Spring Office l

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Washington, D.C. 20555 I

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Subject:

Docket 70-734; Fee Submittal re Contingency Plan.

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Ref, a:

NRC letters dated September 29, 1978 and December 1, 1978.

b:

GAC letter dated September 19, 1978, re Contingency Plan, Ref. 696-797.

Gentlemen:

General Atomic Company (CAC) has received your letter, Ref, a, advising us to pay fees in the amount of $8300, presumably to cover the costs of the staff's review of our submitted contingency plan. We herewith submit under protest and without prejudice to our right to claim a refund of this or any future fees, a check in the amount of $8300.

The applicable control number is 10834.

General Aton!' Company, pursuant to a new regulation, was required to preparc a contingency plan in a specified format and submit such a plan for NRC re-view and approval. General Atomic was and is not an applicant requesting new authority or activity during consideration of the new regulation effecting con-tingency plans, nor are we requesting a license amendment.

Previously approved plans for coping with emergencies z ad physical protection of facilities contain-ing Smt, contained the essential elaments of the plan nov submitted in response e the new regulation. We believe ;1censees charged with compliance with new regulations should not be subject to the imposition of fees, or, at most, should be charged only the fee for administrative ame;.dments.

This revision of the regulation implementing a specific format for contingency plans coupled with exaction of a 7tossly excessive fee can only lead one to believe that the NRC staff has no found a way to self-perpetuate the bureau-cratic process unfettered by congressional control over its budget. Presumably licensees may now look forward to a plethora of other regulatory revisions which will also require a new or revised docu=ent submittal, each with a huge fee.

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Douglas Weiss 696-1006 General /.tomic believes that a new applicant requesting NRC license has a=ple opportunity to consider the regulations in effect at the time and can corres-pondingly exercise the option of streamlining the various docu=ents required of an applicant to eliminate redundancies and overlapping. Existing licensees have no such opportunity in that their procedures and documents must be altered on a piecemeal basis as the modified regulations become effective. The staff's current interpretation of the applicability of fees in this case is highly sus-pect, and we request a formal interpretation by the General Co'insel.

Very truly yours, s

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-d William R. "cery Licensing administrator Nuclear Materials Control Division WiUl:hes

Enclosure:

Check for $8300.