ML19332A036
| ML19332A036 | |
| Person / Time | |
|---|---|
| Site: | Maine Yankee |
| Issue date: | 09/03/1980 |
| From: | Groce R Maine Yankee |
| To: | Donoghue D NRC OFFICE OF ADMINISTRATION (ADM) |
| References | |
| WMY-80-127, NUDOCS 8009100425 | |
| Download: ML19332A036 (3) | |
Text
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WMY-80-127 r
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TURNPIKE ROAD (RT. 9) e im h.
ENGINEERING OFFICE WESTBCRO, MASSACHUSETTS 01581 617-366-9011 September 3, 1980 United States Nuclear Regulatory Commission Washington, D.C.
20555 Attention:
Mr. David J. Donoghue, Director Office of Administration
Reference:
(a) License No. DPR-36 (Docket No. 50-309)
(b) USNRC Letter to MYAPC dated August 19, 1980 (c) USNRC Letter to MYAPC dated _ April 10, 19_80 (d) MYAPC Letter to USNRC dated lMay 20,~19301(WMY 80-80)
Subject:
License Amendment Fee Protest
Dear Sir:
Upon receipt of your letter, Reference (b), which requested that Maine Yankee promptly remit $1,200.00 to your of fice, we submit the enclosed payment under protest, and take exception to your fee determination in coasideration of our current understanding of footnote 2 to 5 10CFR170.22.
We do not dispute your position that, "[w] hen applications for license amendments... are requested by the USNRC for the purpose of enhancing the safe operation of a nuclear facility... [that], they are not excempt from the fee requirements of 10CFR170.22..." However, you will note that the staff's earlier letter, Reference (c), stipulated, "[t]he purpose of this letter is to clarify the meaning of this term (operable: and to request licensees to take specific actions to ensure that it is appropriately applied at their facilities." We believe that this purpose is indicative of the actions detailed in footnote 2 to S 10CFR170.22, which states in part, " Class I, II, or III amendments which result from a written Commission request for the application may be exempt from fees when the amendment is to simplify or clarify license or technical specifications..."
We question your fee determination in light of the options expressed in footnote 2 to 5 10CFR170.22, since our proposed change, Reference (d), which consisted of a prescribed staf f clarification has failed to qualify for_,..
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L itcd;Statss Nuciscr RIgulctcry Crmmicsien Szpter.bsr 3, 1980' Attention: Mr. David-J..Donoghue, Director Page 2 l
exemption from an amendment fee.
In addition, we would appreciate written clarification from your office of the exact meaning a J intent of the footnote quoted above, so as to reduce the continual er.hange of fee letters.
Very truly yours, MAINE YANKEE ATOMIC POWER COMPANY l
'2*n Robert H. Groce Senior Engineer - Licensing RHG/kab cc: William O. Miller 1
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9/8/80
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NOTE TO:
Mike Coilins & Don Lanham, DSB (016)
FROM:
Reba Diggs, License Fee "anagement Cranch, ADM
SUBJECT:
PROCESSI!'G LETTERS HITli CHEcr.S RECEIVED DIRECTLY BY TliE LICE!!SE FEE iW:AGEME :T BRAT:Cli Please process the enclose:s letter under the applicable docket and give' the following distribution under code I'.008:
Original of ltr to Regulatory Occhet File Action Cy w/ check to W. O. Miller, LFMS (L-233) 3 cys to applicable Branch of DOP. or DPM
'l to LPDR 1 to PDR I am retaining the check and the following information is for your records.
Check No.:
1373 Amount:
$1,200 Date:
8/27/80 Ltr. Date:
9/3/80 Appi! cant:
Maine Yankee Atomic Power Co.
Docket No:
50-309
, Plant Maine Yankee Thanks!
Reba M. Diggs License Fee Management Branch Office of Administration p
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