ML20003A664

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Responds to Util Requesting Rationale for Class II Fee Determination Re 800520 Proposed Change to Tech Specs.Required Change to Operable Was to Assure Safe Operation & Is Not Exempt from Fee
ML20003A664
Person / Time
Site: Maine Yankee
Issue date: 01/19/1981
From: Miller W
NRC OFFICE OF ADMINISTRATION (ADM)
To: Groce R
Maine Yankee
References
NUDOCS 8102040601
Download: ML20003A664 (2)


Text

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UNITED STATES i

NUC1. EAR REGULATORY COMMISSION 4

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JAN 19 381

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Maine Yankee Atomic Power Company k

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ATTN: Mr. Robert H. Groce b

Senior Engineer - Licensing 25 Research Drive Westborough, Massachusetts 01581 Gentlemen:

By letter dated September 3, 1980, your Company paid a Class II fee and questioned our August 19, 1980 fee determination that this fee is appropriate for your May 20, 1980 Proposed Change No. 76 on " operable" for the Maine Yankee facility.

In addition, you requested written clarification of the exact meaning of Footnote 2 to 10 CFR 170.22. Your request has been interpreted as relating to the second sentence of Footnote 2; therefore, the following comments concern the second sentence of that footnote.

To qualify for an exemption under the provisions of the second sentence, an application for amendment / approval must meet all of the criteria set forth in that sentence (i.e., the app,11 cation must be as a result of a U.S. Nuclear Regulatory Commission (USNRC) request for it, and must be a Class I, II or III type amendment / approval request that has only minor safety significance which is being issued for the convenience of the USNRC to simplify or clarify the license or Technical Specifications).

When this sentence was added to Footnote 2, it was for the purpose of exempting from fees such applications as those that an inspector from the Office of Inspection and Enforcement might request a licensee to submit because a Specification was found to be ambiguous. Also in this I

l exemption category are USNRC requests to licensees to convert old form Technical Specifications (TS) to standard TS.

If an application clearly l

meets all of the criteria of the sentence, it is generally exempted from fees.

i Although the purpose of the " operable" change was stated to be of a clarifying nature on page 1 of the April 10 letter, we have been advised by the ONRR review staff that the underlying reason is that of assuring safety system availability as stated on page 2 of that same letter.

Therefore, this requested change is not considered a USNRC convenience matter, but is required in connection with the USMC's mandated role of assuring that nuclear facilities are operated in the safest possible manner. We hope that you will find this information useful in better i

8102040

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Maine Yankee Atomic Power Company understanding the exemption provisions of the second sentence of Footnote 2 of 10 CFR 170.22.

We still consider the Class II fee paid for your application dated May 20, 1980,to be appropriate.

Sincerely, f

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William 0. Miller, Chief License Fee Management Branch Office of Administration cc:

Mr. Elvin W. Thurlow President Maine Yankee Atomic Power Co.

Edison Drive Augusta, Maine 04336 I

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