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Category:CORRESPONDENCE-LETTERS
MONTHYEARML20055B3351982-07-15015 July 1982
Ack Receipt of on Behalf of Util Re Assessment of Fees for Withdrawn CP Application.Actions Withheld Prior to Decision by Court of Appeals
ML20054K5171982-06-25025 June 1982
Demonstrates That Util Effectively Withdrew License Application Prior to 780323 in Response to NRC to Delmarva Power & Light Co.No Fee Should Be Charged
ML20054K5451982-05-0505 May 1982
Requests That Further Licensing Activities Be Held in Abeyance,For Reasons Stated in Jl Wilkins to Gw Knighton
NUREG-0180, Forwards NUREG-0180, Early Site Reviews for Nuclear Power Facilities. Plans for Further Review & Evaluation of Early Site Reviews Requested by 780501.W/o Encl1982-03-17017 March 1982
Forwards NUREG-0180, Early Site Reviews for Nuclear Power Facilities. Plans for Further Review & Evaluation of Early Site Reviews Requested by 780501.W/o Encl
ML19352B3551981-07-0101 July 1981
Responds to 810609 Request for Balance Due on Review Costs Incurred Prior to Application Withdrawal.Nrc Has No Legal Basis to Collect Costs Beyond Previous Application Fee.Cost Recovery Practice Under Review
ML19339C7111980-11-14014 November 1980
Forwards Util Request for Withdrawal of Application for CP & Termination of Proceedings Held in Abeyance Since Oct 1978
ML19310A3231980-05-28028 May 1980
Requests That Ma Tebor Be Substituted for MR Paradis on Svc List.In Future,All Info Should Be Sent to Ma Tebor
ML19323G6771980-05-0505 May 1980
Urges to Hold Further Licensing Proceeding in Abeyance Due to Pending Westinghouse Breach of Contract Action Against Util.Present Ltr Constitutes Semiannual Status Rept.Related Correspondence
ML19210C8411979-10-24024 October 1979
Submits semi-annual Status Rept.Westinghouse Breach of Contract Action Against Omaha Public Power District Is Pending.Requests Continuance Re Holding Licensing Proceeding in Abeyance
ML20148H2111978-10-30030 October 1978
Semi-annual Status Rept on Behalf of Oppd.Oppd Currently Defendant in 2 Lawsuits;One Brought by Westinghouse & the Other by Nppd.To Date,There Has Been No Settlement or Other Disposition of Either Suit
ML20054K5711978-04-19019 April 1978
Requests That Further Licensing Activities Be Held in Abeyance Until Util Notifies NRC Re Progress of Litigation W/Ne Public Power District
NUREG-0434, Forwards NUREG-0434,FES Re Determination of Suitability of Site for Eventual Const.W/O Encl1978-03-16016 March 1978
Forwards NUREG-0434,FES Re Determination of Suitability of Site for Eventual Const.W/O Encl
ML20054K5411977-06-17017 June 1977
Requests That Further Scheduling of Hearing Process Be Held in Abeyance,Pending Resolution of Util Vs Ne Public Power District Litigation Re 750501 Joint Ownership Agreement
ML20054K5341977-02-0303 February 1977
Advises That Applicant Is Considering Advisability of Obtaining ASLB Decision on All Possible Aslp Environ Issues & Site Suitability Questions,Notwithstanding 770201 Const Halt
1982-07-15
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Category:INCOMING CORRESPONDENCE
MONTHYEARML20054K5171982-06-25025 June 1982
Demonstrates That Util Effectively Withdrew License Application Prior to 780323 in Response to NRC to Delmarva Power & Light Co.No Fee Should Be Charged
ML20054K5451982-05-0505 May 1982
Requests That Further Licensing Activities Be Held in Abeyance,For Reasons Stated in Jl Wilkins to Gw Knighton
ML19352B3551981-07-0101 July 1981
Responds to 810609 Request for Balance Due on Review Costs Incurred Prior to Application Withdrawal.Nrc Has No Legal Basis to Collect Costs Beyond Previous Application Fee.Cost Recovery Practice Under Review
ML19339C7111980-11-14014 November 1980
Forwards Util Request for Withdrawal of Application for CP & Termination of Proceedings Held in Abeyance Since Oct 1978
ML19310A3231980-05-28028 May 1980
Requests That Ma Tebor Be Substituted for MR Paradis on Svc List.In Future,All Info Should Be Sent to Ma Tebor
ML19323G6771980-05-0505 May 1980
Urges to Hold Further Licensing Proceeding in Abeyance Due to Pending Westinghouse Breach of Contract Action Against Util.Present Ltr Constitutes Semiannual Status Rept.Related Correspondence
ML19210C8411979-10-24024 October 1979
Submits semi-annual Status Rept.Westinghouse Breach of Contract Action Against Omaha Public Power District Is Pending.Requests Continuance Re Holding Licensing Proceeding in Abeyance
ML20148H2111978-10-30030 October 1978
Semi-annual Status Rept on Behalf of Oppd.Oppd Currently Defendant in 2 Lawsuits;One Brought by Westinghouse & the Other by Nppd.To Date,There Has Been No Settlement or Other Disposition of Either Suit
ML20054K5711978-04-19019 April 1978
Requests That Further Licensing Activities Be Held in Abeyance Until Util Notifies NRC Re Progress of Litigation W/Ne Public Power District
ML20054K5411977-06-17017 June 1977
Requests That Further Scheduling of Hearing Process Be Held in Abeyance,Pending Resolution of Util Vs Ne Public Power District Litigation Re 750501 Joint Ownership Agreement
ML20054K5341977-02-0303 February 1977
Advises That Applicant Is Considering Advisability of Obtaining ASLB Decision on All Possible Aslp Environ Issues & Site Suitability Questions,Notwithstanding 770201 Const Halt
1982-06-25
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Category:LEGAL/LAW FIRM TO NRC
MONTHYEARML20054K5171982-06-25025 June 1982
Demonstrates That Util Effectively Withdrew License Application Prior to 780323 in Response to NRC to Delmarva Power & Light Co.No Fee Should Be Charged
ML20054K5451982-05-0505 May 1982
Requests That Further Licensing Activities Be Held in Abeyance,For Reasons Stated in Jl Wilkins to Gw Knighton
ML19352B3551981-07-0101 July 1981
Responds to 810609 Request for Balance Due on Review Costs Incurred Prior to Application Withdrawal.Nrc Has No Legal Basis to Collect Costs Beyond Previous Application Fee.Cost Recovery Practice Under Review
ML19339C7111980-11-14014 November 1980
Forwards Util Request for Withdrawal of Application for CP & Termination of Proceedings Held in Abeyance Since Oct 1978
ML19310A3231980-05-28028 May 1980
Requests That Ma Tebor Be Substituted for MR Paradis on Svc List.In Future,All Info Should Be Sent to Ma Tebor
ML19323G6771980-05-0505 May 1980
Urges to Hold Further Licensing Proceeding in Abeyance Due to Pending Westinghouse Breach of Contract Action Against Util.Present Ltr Constitutes Semiannual Status Rept.Related Correspondence
ML19210C8411979-10-24024 October 1979
Submits semi-annual Status Rept.Westinghouse Breach of Contract Action Against Omaha Public Power District Is Pending.Requests Continuance Re Holding Licensing Proceeding in Abeyance
ML20148H2111978-10-30030 October 1978
Semi-annual Status Rept on Behalf of Oppd.Oppd Currently Defendant in 2 Lawsuits;One Brought by Westinghouse & the Other by Nppd.To Date,There Has Been No Settlement or Other Disposition of Either Suit
ML20054K5411977-06-17017 June 1977
Requests That Further Scheduling of Hearing Process Be Held in Abeyance,Pending Resolution of Util Vs Ne Public Power District Litigation Re 750501 Joint Ownership Agreement
ML20054K5341977-02-0303 February 1977
Advises That Applicant Is Considering Advisability of Obtaining ASLB Decision on All Possible Aslp Environ Issues & Site Suitability Questions,Notwithstanding 770201 Const Halt
1982-06-25
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Text
L EBO EU F, LAM B, LElBY & M AcR AE 1333 NEW HAMPSHIRE AVE.,N.W.
WAS HINOTo N, D. C. 2O 036 ,,"c l,' " ,,,
BOSTON, MA 02t09 cow voRK.N.Y. 40005 202-457-7500 TELEPHONE 617 4ss.13a5 282 269-0f 00 CABLE ADDR E SS. LESWIN, WASHINGTON, D.C.
CABLE ADDRESS TELEX: 440274 TELECOPi E R. 202 -4S7-7543 LONDON OFFICE 47 BERMELEY SQU4RE TELEM;4234 O LONDON wtx SOS. ENGLAND 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 DR ADOCK 05000 i By M wf . n/6(
/
cc: Mr. William C. Jones QPartner G Mr. William E. Miller i
\g6 9 Mr. Kenneth J. Morris
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