ML19343B582

Ack Receipt of NRC 801110 Ltr & Invoice for Alleged Cost in Reviews of Withdrawn Applications.Util Will Not Pay Until Rulemaking to Amend 10CFR170 Is Complete & Legality of Collecting Invoiced Amount Is Resolved

ML19343B582
Person / Time
Site:	05000452, 05000453
Issue date:	12/12/1980
From:	Jens W DETROIT EDISON CO.
To:	Miller W NRC OFFICE OF ADMINISTRATION (ADM)
References
NUDOCS 8012240278
Download: ML19343B582 (2)

Text

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December 12, 1980 '

Mr. William O. Miller ,

Chief, Licensing Fee Management Branch .

Office of Administration  ;

U. S. Nuclear Regulatory Commission Washington, D.C. 20535 ,

Docket Nos. STN 50-452 __ ~Ti STN 50-453 , 3 s

Dear Mr. Miller:

This letter acknowledges receipt of your letter of November 10, 1980, wherein you indicate that the NRC will be invoicing the Company $417,291 as the alleged cost of the review conducted by the Commission of our Applications in the above captioned proceedings. The Company has subsequently received the Commission's invoice.

As set forth in comments filed on December 8, 1980, on behalf of the Company and fourteen other utilities in the. Commission's proceedings to amend 10 CFR part 170, the Company strongly questions the Commission's authority to collect any monies beyond those which the Company has already paid in these proceedings, and therefore, the Company will not be paying the submitted invoice until the rulemaking is complete and the ques-tion of the legality of the Commission collecting the invoiced amount is resolved.

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In the unlikely event that the Commission is found to

! have presently, the authority'to impose fees for l reviews of withdrawn Applications, it does not resolve the question which the Company brought to your attention on August 12, 1980, with respect to the legality and equity of computing the invoiced charges l

by using the present fee schedule and the per hour j

review costs included in that schedule, which reflects 1977 Commission review costs, when the bulk of the review of these-7pplications took place during calendar years 1973 and 1974 when the Commission's per hour' .

review costs were significantly less. )

l 8012240 y77 [L

Mr. William O. Miller Decerter 12, 1980 Page 2 The Corpany stands willing to discuss this matter in greater detail if you should so desire.

Very truly yours,

/-

l4 PM1: sva VPNO-80-278 i

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