ML20031B227
| ML20031B227 | |
| Person / Time | |
|---|---|
| Site: | Dresden  |
| Issue date: | 09/10/1981 |
| From: | Miller W NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Delgeorge L COMMONWEALTH EDISON CO. |
| References | |
| NUDOCS 8110010048 | |
| Download: ML20031B227 (2) | |
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a SEP i:ci Docket No. 50-10 Conmonwealth Edison Company ATTH:
Mr. Louis 0. DelGeorge j
Director of Nuclear
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Licensing Post Office Box 767 Chicago, Illinois 60690
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Gentlemen:
l In a lette; dated June 2,1981, to me from Mr. Abel, it was stated that the Class il fee requested in our letters dated March 6 and May 22, 1981, is not required 'or your application dated February 17s 1981. This application requested an extension of the completion schedules of 10 CFR S0.48(d) for certain fire protection modiff cations for Dresden Unit.40.
1.
It was Mr. Abel's position that the fee was not required because 10 CFR 170.22 and the July 12, 1979 guidance define Class II acendrents as anendments (or changes) only and does not include " exemptions" or other " required approvals".
While 10 CFR 170.22 does not emphasize "other required approvals" in the same manner as is done therein for anendments, the heading to the schedule in 170.22 does include ".. 0ther Appr< < 1s Required by the License or Conmission Regulations."
It is also recognized that che Class II fee category under this schedule does not specifically refer to " required approvals" as does Classes III through VI. However, when an action is administrative in nature and requires USilRC approval, it is l
categorized as a Class II fee and is covered in the overall heading to the schedule.
Although a license amendment was n0t issued, compliance with the requirenents of Conmission regulations in effect at the cine the license is issued and thereafter is a condition in licenses issued by the USNRC. Exceptions to the requirerents of these regulations, whether they are for more time to comply therewith or exemption from a requirenent, must be approved by the USNRC.
Further, these reviews and i
d esprovals are rarewary because of the USNRC's mandated role of assuring that
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nuclear facilities are operated in accordance with governing regulations in a manner that provides reasonable assurance that the health and s4 s py of the fe public will not be endangered.
@x L3i my-6 e11ootoo4e e1o910 f[
PDR ADOCK 05000
- a SEP 101981 Conanonwealth Edison Company With the guidance material enclosed with our lette: dated July 12,1979(copy enclosed), the first page (last sentence of the first paragraph) of the document states:
"In this guidance ' license amendment', ' approval', and ' request' may be used interchangeably." Therefore, Enclosure flo. 2 to the guidance only uses the heading " Class II Amendments".
In conclusion, it is our position that the February 17 application is subject to the fee requirements of 10 CFR 170.22 and the Class II is still deemed to be appropriate and should be remitted to us.
Sincerely,
.oririncl. mgood br
.W m..O. M ller William 0.11111er, Chief License Fee Management Branch Office of Administration
Enclosure:
Encl. to Ltr. dated 7-12-79 (Fee Guiol.nce)
DISTRIBUTION:
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