ML20059F722
| ML20059F722 | |
| Person / Time | |
|---|---|
| Site: | 03031493 |
| Issue date: | 10/25/1993 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Gabe Taylor ALASKA QUALITY CONTROL & TECHNICAL SERVICES, LTD. |
| Shared Package | |
| ML20059F724 | List: |
| References | |
| NUDOCS 9311050053 | |
| Download: ML20059F722 (4) | |
See also: IR 05000290/2009001
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UNITED STATES
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NUCLEAR REGULATORY COMMISSION
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October 25, 1993
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Alaska Quality Control and Technical Services, Ltd.
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ATTN: Gayle Taylor
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Executive Vice President
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907 East Dowling Road
Suite 18
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Anchorage, Alaska 99518
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Dear Ms. Taylor:
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I am responding to your letters of August 24, 1991, and December 23, 1991,
regarding invoice AM08629-91 for your Materials License No. 50-29009-01. The
Commission is considering your letters as an exemption request.
I apologize
for the delay in resolving this item.
.
In your August 24, 1991, letter, you stated:
"On July 15, 1991, we received
the above mentioned Invoice for a license to be provided to us when we
completed the enclosed Certification of Small Entity Status for Purposes of
Annual fees imposed Under 10 CFR Part 171. At this time, however, we would
like to inform you that we do not need this license for the coming year, and
hereby inform you that we are not going to apply for the license."
On August 30, 1991, a staff member in the License Fee and Debt Collection
Branch called you to discuss your August 24, 1991, letter and was told that
you did not want to terminate the license.
You were advised that the fee was
due, and your status as a small entity was discussed.
You were further
advised that if you wished to be considered for an amendment to place the
license in a possession / storage only status, you should submit an amendment
request and an amendment fee of $380 to our Region V office.
You stated you
would have to decide.
,
You then wrote us on December 23, 1991, and stated, "...please be advised that
Alaska Quality Control does not wish to renew its license at the present time
as we are not operating any equipment that requires the license.
We therefore
request that the above billing be voided." The NRC staff determined that your
December 23, 1991, letter did not constitute a valid termination request
because you still possessed licensed material as indicated in correspondence
from you and as evidenced by NRC's inspection findings.
On November 10, 1992, a Demand for Information was issued by the NRC Office of
Enforcement based on violations found during inspections on August 17, 1990,
and July 22, 1992. On December 17, 1992, you submitted an NRC Form 314
(Certificate of Disposition of Materials) and requested that the license be
terminated. The license was terminated December 22, 1992.
The final rule revising 10 CFR Part 170 and 10 CFR Part 171 provided an
opportunity for licensees who wished to relinquish their licenses and who were
capable of permanently ceasing licensed operations by September 30, 1991, to
avoid the FY 1991 annual fee if the licensee notified the Commission in
writing within the 30-day period prior to the effective date of the rule (56
290004
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9311050053 931025
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ADOCK 03031493
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FR 31475 and 31485; July 10, 1991). As stated in the Federal Register notice,
and the notice which was mailed with the invoice, the effective date of the
,
rule was August 9, 1991.
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
4
'
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.
Footnote 1 of 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, based
'
on the number of requests filed, the 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
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possession only/ storage only licenses prior to October 1, 1992, and were
capable of permanently ceasing licenses activities entirely by September 30,
1992. An amendment request filed after October 1 of each fiscal year to
cancel a license does not cancel the annual fee invoice.
Because you did not file a valid termination request until December 17, 1992,
you were also billed for the FY 1992 annual fee (Invoice No. AM07245-92) and
the FY 1993 annual fee (Invoice No. AM07448-93).
Based on the foregoing, I fail to find any unique circumstances on which to
grant an extension of time for filing a termination request for purposes of
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avoiding the FY 1991, FY 1992, and FY 1993 annual fees. Therefore, Invoice
Nos. AM08629-91, AM07245-92, and AM07448-93 are due and payable. Our records
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also show that Invoice No. MM0460-93, issued January 25, 1993, for the
inspection conducted on July 22, 1992, has not been paid. This invoice is
also due and payable.
The enclosed Forecast Reports show the balances due as
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of November 1,1993, which include interest, penalty, and administrative
charges.
However, based on the delay in responding to your letter, the
interest, penalty, and administrative charges which have accrued will be
waived if payment of the annual and inspection fees, totalling $7,070, is
received within 30 days from the date of this letter.
.
Sincerely,
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ies M. 'J ylor
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ecutiv6 Director
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for Operations
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Enclosure:
Forecast Reports
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DISTRIBUTION:
10CFR 171 Exemption Request FY 1991
Invoice File AM08629-91, AM07245-92, AM07448-93
License File 50-29009-01
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