ML20030B820
| ML20030B820 | |
| Person / Time | |
|---|---|
| Site: | Beaver Valley |
| Issue date: | 08/12/1981 |
| From: | Donoghue D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Ferguson R WASHINGTON PUBLIC POWER SUPPLY SYSTEM |
| References | |
| NUDOCS 8108240286 | |
| Download: ML20030B820 (1) | |
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DISTRIBUTION:
AUG 121961 DJDonoghue, ADM PNorry, ADM HDenton, NRR HS% par, ELD Rh "...er, ELD Hr. R. L. Ferguson, Managing Director LFMB R/F (2)
Washington Public Power Supply System LFMB License Fee File P.O. Box 963 WOMiller, LFMB 3000 George Washington Way GREEN TICKET - 10704 Richland, Washington 99352
Dear Mr. Ferguson:
Your letter of July 13, 1981 states that you will continue to p license, amendment, and inspection fees required by 10 CFR Part 170, onl: snder protest pending resolution of your request for a refund of all fees paid.
You cite as the controlling authority for your request for a refund Beaver, v. Andrus_637 F.2d 749 (10th Circuit,1980).
l We cannot agree with you that Beaver v. Andrus_ requires the Huclear Regulatory Conraission to refund fees paid by Wcshington Public Pmr Supply System under 10 CFR Part 170.
The court in the Beaver case was determining whethe;' the right-of-way applicant i
was entitled to the benefit of an exemption from fees provided for in the Department of Interior regulations. Under the regulation in question the exemption applied if j
the applicant (a public agency) was intending to use the land for governmental purposes. The relevance of 31 U.S.C. 483a, Independent Office Appropriations Act (10AA), to the court's decision was solely to aid in interpreting the scope of the exemption in the Department of Interior regulations.
10AA was, for this purpose, only one of three statues cited. The court did not purport to interpret 31 U.S.C.
483a.
It cited it only as " evidence".
(See 637 F.2d at p. 756).
10AA itself exempts from fees only persons conducting official business of the i
United States Government. This exemption for Government agencies was removed by the Congress in 1972 as to power reactor applicants, so that any Government agency receiving a license for a utilization facility designed to produce electricity or heat pays the same fecs charged others under 10AA.
(See Section 161w of the Atomic Energy Act, as amended by Public Law 92-314, 86 Stat. 222).
It is thus clearly the intent of Congress that all power reactor licensees pay the scheduled fees, regardless of the "public" nature of their operations.
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Accordingly, your request for a refund of fees is denied.
Sincerely, ORIGINAL s1GNED BY.
J
$N Daniel J. D""Y"*
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