ML19256F449
| ML19256F449 | |
| Person / Time | |
|---|---|
| Site: | Fort Calhoun  |
| Issue date: | 12/03/1979 |
| From: | Miller W NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | William Jones OMAHA PUBLIC POWER DISTRICT |
| References | |
| NUDOCS 7912190158 | |
| Download: ML19256F449 (2) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION y;
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DOCKET NO. 50-285 DEC 3 6 1979 Mr. W. C. Jones Division Manager - Production Operation Omaha Public Power District 1623 Harney Street Omaha, Nebraska 68102
Dear Mr. Jones:
We have received a copy of an application filed by letter dated May 14, 1979, from LeBoeuf, Lamb, Leiby & MacRae for the Fort Calhoun Unit No.1 Nuclear plant. The letter and application were filed with the Office of Nuclear Reactor Regulation (ONRR) for review and approval of a change to Section 2.1 of the Technical Specifications of License No. DPR-40 relating to starting restrictions on non-operating reactor coolant pumps, in response to the Commission's Office of Inspection and Enforcement Bulletin 79-06B dated April 14, 1979. Although your company determined that the requested action involves a Class II amendment fee, a fee was not submitted because it was determined to be exempt from fees under the provisions of Footnote 2 of the schedule in 10 CFR 170.22.
Footnote 2 of 10 CFR 170.22 does permit certain applications to be exempt from fees when they meet all the criteria of that footnote, i.e., are of a Class I, II or III type resulting from Commission request to simplify or clarify the license or technical specifications for the convenience of the Commission and have only minor safety significance.
Based on information from the ONRR staff, it is our understanding that the actions resulting from the Commission's Bulletins are not to simplify and clarify licenses or their appended technical specifications for the convenience of the Commission.
While some actions required of licensees as a result of the TMI accident might be considered clarifying and administrative in nature, they are basically safety related and are measures taken to enhance the safe operation of nuclear plants.
In consideration of the above, we do not accept your May 14, 1979 application as being exempt under the provisions of Footnote 2.
The ONRR staff agrees that for this application the Class II fee is appropriate.
It is requested 1620 122 1
7912190
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DEC 3 8 79 Mr. W. C. Jones that the sum of 31,200 be promptly forwarded to this office.
If the final review of your application by the ONRR staff reveals that this fee is incorrect, you will be refunded any overpayment or billed for any additional amount due.
Sincerely,
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'..b N)d William 0. Miller, Chief License Fee Management Branch Office of Administration cc: Atty. Margaret R. A. Paradis LeBoeuf, Lamb, Leiby & MacRae Attorneys for Omaha Public Power District 1333 New Hampshire Ave., N.W.
Washington, DC 20036 i62Ei.2i
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