ML20010G464
| ML20010G464 | |
| Person / Time | |
|---|---|
| Site: | Point Beach  |
| Issue date: | 09/09/1981 |
| From: | Miller W NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Silberg J SHAW, PITTMAN, POTTS & TROWBRIDGE |
| References | |
| NUDOCS 8109210196 | |
| Download: ML20010G464 (2) | |
Text
. _. _
SEP 0 91981 p \\ Nrj; Docket tios. 50-266 8y
'A
~
p gj] ]g and 50-301 S EP 101981 >C_
9-f C
T g u.a. p Hr. Jay E. Silberg Shaw, Pittman, Potts & Trowbridge
/
9 1800 M Street, fl.W.
Washington, DC 20036 W
Dear Mr. Silberg:
Your letter dated June 5,1981, provided your basis for determining; *.i.at fees pursuant to 10 CFR 170.22 are not applicable to the January 20,1981 application filed with the USNRC by the Wisconsin Electric Power Company (WEPC). Our letters of April 1 and May 22, 1981, informed WEPC that Cla ~ses II and I fees were appli-cable for their January application relating to an extension of time to comply with certain fire protection requirements of 10 CFR 50.48. Tae USilRC approved tnis request by letter dated February 13, 1981. Your basic reasons given for the inapplicability of fees were:
1.
The January application was not a request for an amendment or change of any type in the substance of the reactor facility license and it was not approved by a license amendment; therefore, it is not covered by 10 CFR 170.22.
2.
Since the USNRC approved your request before fees were paid, the USHRC "...must have assumed (correctly) that 10 CFR 5170.22 did not apply in this case." You cite the requirements of 10 CFR 170.41 which provide that the USilRC will not process any applicttion where the prescribed fee has not been paid.
In connection with item 1 above, while 10 CFR 170.22 does not emphasize "other required approvals" in the same manner as is done therein for amendmer.ts, the heading to the schedule in 170.22 does include ".. 0taar Approvals Required by the 4
License or Comission Regulations."
It is also recognized that the Class II fee pm category under this schedule does not specifically refer to " required approvals" as gg does Classes III through VI. However, when al- ;ction is administrative in nature.
4 and requires Consnission approval, it is categorized as a Class II fee and is covered
@S in the overall heading to the schedule. Although a license amendment was not issued, S
compliance with the requirements of Comission regulations in effect at the time the Q
license is issued and thereafter ;, a condition of licenses issued by the USNRC.
o Exceptions to the requirements of these regulations, whether they are for more time
- 3 to comply therewith or exemption from a requirement, must be approved by the USHRC.
I kS Further, these reviews and approvals are necessary because of the USHRC's mandated fw$.S role of assuring that nuclear facilities are operated in accordance with governing i$
regulations in a manner that provides reasonable assurance that the health and safety of the public will not be endangered.
r i
Mr. Jay E. Silberg For item 2 above, we offer the following coments. We would be delighted if all fee issues relating to applications could be addressed inriediately and resolved prior to actions on the applications. Unfortunately, at times, fee determinations cannot be addressed promptly because of the urgency of the request, the nunter of other items requiring action and/or the urgency of other higher priority work.
In conclusion, it is our pcsf tion that the January 20 application is subject to the fee requirements of 10 CFR 170.22 and the Classes II and I fees are still deemed to be appropriate and should be remitted to us.
Sincerely.
Orlaica! Signedby Wm. O. MHler William 0. Miller, Chief License Fee Management Branch Office of Administratior, cc: Wisconsin Electric Power Conpany ATTil: Mr. C. W. Fay, Direci.or fluclear Power Department 231 West Michigan P.O. Box 2046 Milwaukee, Wisconsin 53201 DISTRIBUTION:
Docket File PDR LPDR TColburn, ORB-3 PKreutzer, ORB-3 LFMB Reactor File RMDiggs, LFMB LFMi' R/F (2)
\\
s
}
Q-omen t..l.F l,LFMB:ADM OEL 00L:0RB LFMB:ADM 1
.........k..."idlTiTeE ' '.,'....".5".'
sununue>..R..M.......... 1. C..J loway RFon TColbur RClark
- 8. 8..../../.8..1.....9../.../.81....
9./...p... 81..
9/..7../.81..... 9f.../.81 9/C /.81
,y,>
nne rosu sis oow sacu om OFFICIAL RECORD COPY usa m m i.- m m