ML19296C832

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Responds to NRC Re Request for Fee.Util Submitted 791219 Application for Amend 72 as Result of Commission 791206 Order.Footnote 2 of 10CFR1.70.22 Provides That License Amends Not Subject to Fees
ML19296C832
Person / Time
Site: Midland
Issue date: 02/21/1980
From: Howell S
CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.)
To: Diggs R
NRC OFFICE OF ADMINISTRATION (ADM)
References
HOWE-44-80, NUDOCS 8002280622
Download: ML19296C832 (1)


Text

Stephen H. Howell

~

Semor Vuce PressJent General C ffices: 1945 West Parnell Roac, Jackson, Michigan 49201 * (517) 788 0453 Hove-aL-80 February 21, 293:

"a 3 eta ". Digcs Facili+ ies Progran Coordinatcr license Fee .anagement 3 ranch Off_ce of Administration U.S. Juelear Pegulatory Connission Washington, DC 20555 DOCi2~' 2 SC-329 AND 50-330

? cur February 11, 1930 letter requests that we pay a fee of 312,700 pursuant to 10 CFR 170.22 in connection with our December 19, 1979 application for review and approval relating to Midland Units No 1 and No 2.

The Decenter 19, 1979 application, identified as Amendment No 72 to our application for construction permits and operating licences for the Midland Units, was submitted as a result of the Cc= mission's December 6,1979 Order Mcdifying Construction Permits, which, subject to the right of affected par-ties to request a hearing, ordered that the Midland Plant construction permits be modified to prohibit certain activities "pending the submission of an amend-ment to the application seeking approval of the recedial actions...and the issuanc ' of an amendment to Construction Permits No CPPR-81 and No CPPR-82 authori-ing the remedial action." The order was clearly issued pursuant to 10 CFR 2.20h.

Footnote 2 to 10 CFR 170.22 provides that icense amendments or approvals resulting from Cornission Orders issued pur-tit to 10 CFR 2.20h...

are not subject to these fees," with an exception which ia not pertinent in this case.

Accordingly, we believe that no fee is payable with respect to the December 19, 1979 application. Please advise if you disagree.

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