ML19305D155
| ML19305D155 | |
| Person / Time | |
|---|---|
| Issue date: | 03/20/1980 |
| From: | Miller W NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Engel R GENERAL ELECTRIC CO. |
| Shared Package | |
| ML19305D156 | List: |
| References | |
| NUDOCS 8004140113 | |
| Download: ML19305D155 (2) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION er o
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j SAR 2 01980 Mr. Ronald E. Engel, Manager Reload Fuel Licensing Safety & Licensing Operation General Electric Company 175 Curtner Avenue l
San Jose, California 95725
Dear Mr. Engel:
Thank you for your letter dated February 28, 1980, concerning the matter of fees for Revision 1 to NED0-24011 (NEDE-24011-P-A).
You concluded that no fee, or at most a Class II fee is applicable. You requested:
- 1. A reevaluation of the fee assessment of $3,237 for Revision 1, and
- 2. An exemption from fees pursuant to 10 CFR 170.ll(b), for NEDE-240ll-P-A. This would include all administrative and technical changes resulting from updates in technology or responses to NRC concerns.
In response to item 1 above, fees for review of topical reports and revisions thereto are subject to the provisions of Schedule F (Special Projects and Reviews) of 170.21(a) and are based on the actual costs incurred for the review.
Footnote 4 of 170.21 limits such costs for each review of a topical or eau, revision to an approved topical to a maximum of $20,000 each. The provisions of 10 CFR 170.22 which provide for flat fees (e.g., $1,200 for a Class II administrative amendment) apply to applications for amendment of construction permits and operating licenses and other letter approvals to such permits and licenses.
Although we referred to the item for which fees were being charged as being Revision 1 dated August 14, 1978, your August 14, 1978 proposal was not initially identified as Revision 1.
The designation as Revision 1 did not appear until the revised pages were submitted August 7,1979. These revised pages incorporated the NRR staff's April 16, 1979 approval of your August 14, 1978 proposal to use the pressurized retrofit 8X8R fuel design for operating BWR reloads.
Fees are not charged for resubmittal of topicals, revisions and/or amendments in the accepted form to incorporate NRR staff's acceptance / approval letters. The fee of $3,237 is for the 83 professional hours expended for review of the August 14, 1978 submittal which is addressed in the Safety Evaluation Supplement issued with the April 16, 1979 letter.
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Mr.- Ronald E. Engel R&4R 2 01980
.I With respect to item 2 above, it is not the Commission's intent nor practice to assess a charge for an activity which is solely for the convenience of the Commission.
Under the Commission's current fee structure savings resulting from applicants referencing standardized designs or concurrent reviews of identical power reactors were recognized and provided for in 10 CFR Part 170.
For example, in Section 170.21, construction permit and operating license fees for power reactors undergoing concurrent licensing review are significantly reduced; there is a duplicate amendment provision in 170.22 (Class I), and there are concurrent inspection provisions.
Further, in the area of reloads, a review of our records shows that almost all GE boiling water reactor licensees have paid Class III amendment fees while other pressurized water reactor licensees have paid Class IV amendment fees. The savings which result for reference to a topical report is to the vendor's customers. The NRR staff's procadure respecting fees for reloads (Class III vs. Class IV) is set forth in Enclosure 4 of the enclosed NRR May 24, 1979 " Guidance for Assessing the Proper Licensing Fee - Amendments and Approvals." We see no basis for waiving the fee for review of the subject topical report or future revisions thereof.
If you have additionaJ questions or concerns, call Mrs. Reba M. Diggs of my staff or me on 301-492-7225.
Sincerely, I
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William 0. Miller, Chief License Fee Management Branch Office of Administration
Enclosure:
5/24/79 Guidance on Fees O
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