ML20037D665

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Informs That Proper Fee Category Was Not Assigned to License SNM-942 Prior to 810515 Renewal.May 1979 Health & Safety Insp Fee Is Due
ML20037D665
Person / Time
Site: 07000984
Issue date: 08/14/1981
From: Miller W
NRC OFFICE OF ADMINISTRATION (ADM)
To: Fuquay J
Battelle Memorial Institute, PACIFIC NORTHWEST NATION
References
NUDOCS 8108280076
Download: ML20037D665 (2)


Text

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i AUG 14 1981 Docket No.70-934 N;N/gB' g$9F 17 f* *#

Battelle Pacific Northwest Laboratories ATTH: Dr. J. J. Fuquay, Director 2#M' Laboratory Support

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Battelle Blvd.

Richland, Washington 99352 Gentlemen:

On May 15.1981, License SN!1-g'2 was renewed to authorize less than one effective kg of U-235 and U-233, and a maximum quantity of 200 gram of plutonium. Condition 17 of the license, however, limits the maximum quantity of plutonium which Battelle may possess to 1.5 grams. Consequently, for license fee purposes we have classified the subject license in fee Categcries 1G (for the U-233 and U-235) and lJ (for plutonium).

In a further review of your license file, we found that, through an oversight on our part, the proper fee category had not been assigned to License Snit-942 prior _

to its recent renewal. The license was previously classified in fee Category 1G, which covers licenses authorizing "350 g but less than 5 kg of U-235 in unsealed c

form, or 200 g but less than 2 kg of U-233 in unsealed form". However, Condition 9 of the license authorized a maximum quantity of "less than one effective kilogram" of special nuclear material (uranium and plutonium) as defined in subparagraph 70.4(t) of 10 CFR 70. Thus, the license effectively authorized Battelle to possess 200 grams or more of plutonium, in addition to the uranium, which qualified the license for fee Category IF as well as lG. As a result of the mis-classification, Battelle was not assessed a fee for a health and safety inspection conducted May 16-18, 1979.

Please note that footnote 2 of 1170.32 states that "The inspection fee for licenses covering more than one fee categtry will be charged only for the highest fee cate-gory assigned the license...".

E/en though the amount of the fee for a health and safety inspection is the same for licenses in fee Categories IF and 1G, the billing frequency for inspections conducted is higher for licenses in fee Category IF (1 per year versus 1 every 2 years). Consequently, in addition to the fees paid by Battelle for the 11 arch 1978 and April 1980 inspections Battelle should have been billed $780 for the llay 1979 health and safety inspection. We have, therefore, notified the NRC Office of the Controller to bill your Company for the above inspection fee.

8108280076 810814 PDR ADOCK 07000984 C

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w Battelle Pacific Northwest gg i 4 jgg; Laboratories We apologize for our oversight and delay in notifying you of the inspection fee due for License SNM-942.

If you have any questions concerning this matter, please let us know.

Sincerely, D4aal hd by

.h. 0. Anike William 0. Miller, Chief License Fee Management Branch Office of Administration

Enclosure:

10 CFR 170 DISTRIBUTION:

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