ML19282C667

Denies 790221 Request for Exemption of 781201 Amend Application from Fee Payments.Option of Amending License Rather than Delaying Issuance Was for Utils Convenience

ML19282C667
Person / Time
Site:	Hatch
Issue date:	03/16/1979
From:	Miller W NRC OFFICE OF ADMINISTRATION (ADM)
To:	Whitmer C GEORGIA POWER CO.
References
TAC-11158, NUDOCS 7903300517
Download: ML19282C667 (2)

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%'.-:.d 10 D DOCKET NO. 50-366 Georgia Power Company ATTN: Mr. Charles F. Whitmer Vice President - Engineering 230 Peachtree Street P.O. Box 4545 Atlanta, Georgia 30303 Gentlemen:

This letter is submitted in response to your letter dated February 21, 1979, for a determination that your amendment application dated December 1,1978, relating to the Hatch Unit No. 2 Technical Specifica-tions on building settlement should be exempt from a fee payment.

The NRR review staff has advised that the requirement for a Technical Specification on building settlement was identified during the staff's review of your application for an operating license (0L).

When the staff's OL review was nearly complete, you had not submitted sufficient information to support a differential settlement specification. Since this issue was one of minor safety significance, two alternatives were available:

1.

Issuance of the license could have been delayed until adequate information was provided and evaluated by the staff, or 2.

The license and Technical Specifications could be issued with the " condition" that a future amendment would be required.

The second alternative was chosen; therefcre, the issuance of License No. NPF-5 in June 1978 with a number of the specifications to later be determined, reviewed, and approved is considered to have been for your convenience. As such, your December 1 and other applications in this category are subject to the amendment fees of 10 CFR 170.22.

In view of the above, your request for an exemption and refund is denied.

Again, we emphasize that if after the final evaluation of your applica-7903300 fl7

Georgia Power Company tion is completed it is deterniined that it was incorrectly classified, you will be refunded any overpayment or billed for any additional amount due.

Sincerely.

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u William O. Miller, Chief License Fee Management Branch Office of Administration i

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