ML20033C672
| ML20033C672 | |
| Person / Time | |
|---|---|
| Site: | Summer  |
| Issue date: | 11/16/1981 |
| From: | Donoghue D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Mcglothlin G SOUTH CAROLINA PUBLIC SERVICE AUTHORITY (SANTEE COOPE |
| References | |
| NUDOCS 8112030626 | |
| Download: ML20033C672 (1) | |
Text
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,,s LFMB Lic. Fee SD0 Reading File Mr. Cnarlesf,lQlicGlothlinT File
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WOMiller, LFMB PDR South Carolina Pufdf rvice Authority LFMB R/F (2)
DJDonoghue, ADM 4
223 H. Live Oak Drive Green Ticket PNorry, ADM
~ Moncks Corner South Carolina 29461 No.11052 HDenton, NRR HShapar, ELD
Dear Mr. McGlothlin:
RFonner, OELD Your letter of October 28,1981 states that you will continue to pay license, amendment, and inspection fees required by 10 CFR Part 170, only under 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).
We cannot agree with you that Beaver v. Andrus requires the Nuclear Regulatory Consnission to refund fees paid by the South Carolina Public Service Authority under 10 CFR Part 170.
Tne court in the Beaver case was determining whether the right-of-way applicant 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 the applicant (a public agency) was intending to use the i
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 statutes 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),
i 10AA itself exempts from fees only persons conducting official business of the 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 fees charged others under I0AA.
(See Section 161w of the Atomic Energy.Act, as amended by Public Law 92-314,86 Stat.222).
l 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.
Accordingly, your request for a refund of fees is denied.
Sincerely.
i l
Ic ORIGINAL SIGNED BY, DanielJ. Donor,hua y 81 h'6268113jp' PD Daniel J. Donoghue PDR l
Director of Administration
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