ML20052F700
| ML20052F700 | |
| Person / Time | |
|---|---|
| Site: | 05000450, 05000451 |
| Issue date: | 05/07/1982 |
| From: | Miller W NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Stoodley D DELMARVA POWER & LIGHT CO. |
| References | |
| NUDOCS 8205130423 | |
| Download: ML20052F700 (2) | |
Text
_
O MAY 7 1982 W
L]ico Docket Nos. 450 9
and 451 y
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p ALgy i N k /;f
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"il Dale G. Stoodley E
f General Counsel.
x Delmarva Power & Light Co.
i~
800 King Street P.O. Box 231 Wilmington, Del.
19899
Dear Hr. Stoodley:
This letter is being written to you with regard to the April 1,1982 invoice sent to Delmarva Power & Light Co. for $963,037 for the costs of the NRC's review of the construction permit applications for Summit Units 1 & 2.
We have received your letter of April 16. declining payment of the assessed costs in light of the current legal status of this matter.
To assure that the HRC did not bill the Company erroneously for its review of Sunnit Units 1 & 2, we wish to clarify the NRC's position on fees for review of withdrawn construction permit applications, with particular reference to the two Summit units, and to invite the Company to submit any documentation it may have with a bearing on this matter.
Part 170 of the Cormission's regulations, effective March 23,1978, pro-vides for collection of the costs of review when that review is complete.
whether by (1) issuance of the permit, (ii) denial, withdrawal or suspen-l sion of the application, or (iii) postponement of action on the applica-tion. These regulations by their terms apply to all applicants for i
utilization facility construction permits and operating licenses.
l 10 CFR 170.2. Delmarva Power & Light Co. did not formally attempt to withdraw its construction permit applications until December 5,1960, two years after the effective date of Part 170. Thus Delmarva Power & Light l
Co. was still formally an applicant for utilization facility construction permits when the Part 170 rules became effective, and accordingly the NRC i
billed Delmarva Power & Light Co. for the costs of the NRC's review of those applications.
l It is the NRC's position, however, that if a utility presents sufficient documentation to demonstrate that it notified the NRC prior to March 23, 1
1978, of its decision to withdraw its. application and terminate the pro-ceeding and if all work by the HRC on the application therefore ceased prior to March 23,1978, then the NRC will not bill the utility for its review of the withdrawn application.
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B205130423 B20507
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i I ARC FORM 318 (10 80{NRCM gM _ _.
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MAY 7 1982 The only docucentation we now have indicating that Delmarva Power may have attaapted to suspend or teminate its construction pemit review prior to March 23, 1978, is a letter, dated October 30,1975, from Donald P. Irwin to the Atomic Safety and Licensing Appeal Board. The letter requested that the Appeal Board stay its review of the Licensing Board's Partial Initial Decision and the Supplement thereto.
It did not, however, state that the applications were being withdrawn or sus-pended, nor did it request a cessation of all NRC work on the applica-tions.
If Delcarva Power & Light Co. should present further documenta-tion sufficient to show that the applications were effectively withdrawn prior to March 23,1978, and HRC records confim that work on the review ceased by that date, the invoice which the Company received from liRC will be rescinded.
Sincerely,
,Oridsm! Shmedby 3Vm. O.M:Usr Willia.m 0. Miller, Chief License Fee Managencat Branch Office of Administration cc: Gerald Charnoff, Esq.
Shaw, Pittman, Potts & Troubridge 1800 ti Street, it.W.
Washington, D.C.
20036 DISTRIBUTION:
Peter G. Crane, OGC E. Leo Slaggie, 0GC Richard P. Levi, 0GC R. Fonner, OELD P. Norry, ADM H. Berkow, NRR PDR LPDR Docket File /
W. O. Miller, LFMB C. J. Holloway, LFMB R. M. Diggs, LFMB K. L. Kohler, LFMB LFMB Manpower File LFMB R/F (2)
- Letter orginated by P. Crane, 0GC, and R. Fonner, OELD.
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