ML20038C398
| ML20038C398 | |
| Person / Time | |
|---|---|
| Site: | Rancho Seco |
| Issue date: | 11/20/1981 |
| From: | Donoghue D NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Walbridge W SACRAMENTO MUNICIPAL UTILITY DISTRICT |
| References | |
| NUDOCS 8112100561 | |
| Download: ML20038C398 (1) | |
Text
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DISTRIBUTION:
Mr. William C.)laihridge LFP License Fee Reading File General Mana w WOMiller, LFMB PDR f Sacramento Municipal Utility DistrictGreen Ticket No.
DJDonoghue, ADM 6701 S Street 11071 PNorry, ADM LFMB R/F (2) e n, fM u a o, California 95813
Dear Mr. Walbridge:
c Your letter of October 30, 1981 states that you will continue to pay license,
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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 autnority 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 Huclear Regulatory Comission to refund fees paid by the Sacramento Municipal Utility District
[
under 10 CFR Part 170.
The court in tne 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 exenption applied if 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 (I0AA), 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).
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.
(SeeSection 161w of the Atomic Energy Act, as amended by Public Law 92-314, 86 Stat. 222).
It is thus clearly tne 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.
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Sincerely, (f
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NRC FORM 393 (10 S0) NRCM 024o OFFICIAL RECORD COPY usc e m a 2d ee