ML20059C890
| ML20059C890 | |
| Person / Time | |
|---|---|
| Site: | 07100651 |
| Issue date: | 12/30/1993 |
| From: | Scroggins R NRC OFFICE OF THE CONTROLLER |
| To: | Lyon R SCIENTIFIC ECOLOGY GROUP, INC. |
| Shared Package | |
| ML20059C894 | List: |
| References | |
| NUDOCS 9401060191 | |
| Download: ML20059C890 (2) | |
Text
.
[pauc
'o UNITED STATES g ~,j NUCLEAR REGULATORY COMMISSION 8Y j
r,
- g WASHINGTON. D. C. 20555 s-/
DEC 3 01o43 Scientific Ecology Group, Inc.
ATTN: Richard A. Lyon, Manager Government Accounting P.O. Box 2530 1560 Bear Creek Road Oak Ridge, Tennessee 37831-2530 Gentlemen:
I am responding to your letter of October 15, 1993, in which you are seeking a par}ial refund from NRC for Quality Assurance Program Approval No. 0651 for FY 1992 annual fee invoice No. AM01939-92 issued to Westinghouse Electric Corp.
(now Scientific Ecology Group, Inc. [SEG]).
The bases for your request are:
- 1) Westinghouse Electric Corp. (WEC) acquired the NRC QA program approv(al to use under a DOE-Idaho Contract; (2) DOE issued a notice of termination to WEC on October 18, 1991, for the convenience of the government and citing unforeseen budget cuts and programmatic redirection; (3) NRC issued the FY 1992 annual fee invoice on August 24, 1992; (4) initially DOE refused to reimburse SEG citing the FY 1992 annual fee regulation published July 23, 1992, which stated that NRC exempted from the FY 1992 annual fees those licensees that filed for termination between October 1,1991, and December 31, 1991; (5) since DOE-Idaho issued the' termination after October 1, 1991, SEG did not attempt to terminate the license on October 30, 1991, since the cost would have already been incurred; and 6) SEG eventually prevailed in getting 00E-Idaho to pay half, but you believe SEG should not be liable for any of the FY 1992 annual fee and seek a 50% refund since you received no value in maintaining this license.
Footnote I tsf 10 CFR 171.16 provides that the annual fee is waived where a license is terminated prior to October 1 of each fiscal year. However, as stated in the final revision to the Commission's fee regulations in 10 CFR Parts 170 and 171 for FY 1992, which was published in the Federal Register July 23, 1992, the Commission exempted from the FY 1992 annual fee those licensees and holders of certificates, registrations and approvals who either filed for termination or for a possession only/ storage license during the period October 1, 1991, through December 31, 1991.
Furthermore, NRC has exempted from the FY 1993 annual fee those licensees, and holders of certificates, registrations, and approvals who either filed for termination of their licenses or approvals or filed for possession only/ storage only licenses prior to October 1, 1992, and were capable of permanently ceasing licensed activities entirely by September ~ 30,1992. An amendment request filed after October 1 of e'ach fiscal year to cancel a license does not cancel the annual fee invoice.
There is no proration of the annual fee in those cases where a licensee files for termination or possession /only, storage /only or a license expires after October 1 of the fiscal year.
9401060191 931230 PDR DRG NECCN li PDR 050001
. Our records indicate you did not file for a downgrade of the QA from " user and fabricator" to "use" only nor did you request a termination of the QA program i
approval.
In fact, you allowed it to run through March 31, 1993, at which time it expired.
Based on the information provided, I find no unique circumstances to warrant a refund of a portion of the annual fee. Annual fees are assessed based on whether a licensee holds a valid license or approval which authorizes certain uses. Whether or not a licensee is actually conducting operations using the license or approval is a matter of licensee discretion.
NRC acknowledges receipt of the annual fee payments from Scientific Ecology Group, Inc. for the invoices issued to Westinghouse Electric Corp. for QA No. 0651, as follows.
i AM02281-91
$29,100.00 AM01939-92 562,950.00 i
l AM02294-93
$67,520.00 Sincerely,
/s/ R0nald M.Scroggins Ronald M. Scroggins Deputy Chief Financial Officer / Controller DISTRIBUTION:
Materials Annual Fee Correspondence File AM01939-92 (w/ orig. inc.)
l License QA-0651 w/cy of back-up l
Invoice File AM01939-92 w/cy of back-up NUDOCS (ML61) w/ copy inc.
PDR GJackson DBDandois EBlack DWeiss CJHolloway, OC (w/ copy inc.)
GFehst, OGC LTremper LFDCB R/F (2)
DAF R/F OC-93-464 OC R/F
/
GJack[ son LFlyj)/
LFDCElsf.f DAF##
DAF5difb1 DDandq/['.'
5 LFDCB)S LFDCB DWdi s LTremper EBlack LHiller
/b/P/93
[
g/93 g/p/93 f t /z1/93 it/AT/93
/ /93 OC h l
OC JHdi oway J
hes RScrUggins j go/93
/
93 g,/p /93 DBD:\\0C93464 i
l l
,