ML19352B355
| ML19352B355 | |
| Person / Time | |
|---|---|
| Site: | 05000548 |
| Issue date: | 07/01/1981 |
| From: | Voigt H LEBOEUF, LAMB, LEIBY & MACRAE |
| To: | Miller W NRC OFFICE OF ADMINISTRATION (ADM) |
| References | |
| NUDOCS 8107060421 | |
| Download: ML19352B355 (1) | |
Text
L EBO EU F, LAM B, LElBY & M AcR AE 1333 NEW HAMPSHIRE AVE.,N.W.
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CABLE ADDRESS TELEX: 440274 TELECOPi E R. 202 -4S7-7543 LONDON OFFICE 47 BERMELEY SQU4RE LONDON wtx SOS. ENGLAND TELEM;4234 O TELE PH ON E 01-493 7335 1Et tcO,it : 2 2-344..S'"
July 1, 1981 Mr. William O. Miller, Chief License Fee Management Branch Office of Administration U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Re:
Docket No. 50-548
Dear Mr. Miller:
As the attorneys representing Omaha Public Power District ("the District") in nuclear licensing matters, we have been asked to respond to your June 9, 1981 letter to the District.
Your letter asserts that the District is responsible for the review costs incurred prior to withdrawal of the application in this docket and that there is a balance due to the Nuclear Regulatory Commis-sion of $619,959.
It is the District's position that the Commission has no legal basis to collect any review costs beyond those covered by the $125,000 application fee previously paid.
As you know, the propriety of the " Commission practice to recover review costs" referred to in your letter is now under review by the Commission pursuant to a notice published at 45 Fed. Reg. 74493 (1980).
For the reasons set forth in comments filed on behalf of the District and 14 other utilities in response to that notice, we believe that the existing regulations do not authorize the collection of review costs for withdrawn applications and that the Commission may not lawfully amend its regulations retroactively to confer such authority.
Very truly yours, LeBOEUF, LAMB, LEIBY & MacRAE 8107060421 810701 e
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