ML20082J756
| ML20082J756 | |
| Person / Time | |
|---|---|
| Site: | Fort Saint Vrain  |
| Issue date: | 08/20/1991 |
| From: | Crawford A PUBLIC SERVICE CO. OF COLORADO |
| To: | NRC OFFICE OF THE CONTROLLER |
| References | |
| P-91268, NUDOCS 9108280254 | |
| Download: ML20082J756 (4) | |
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P.O. Box B40 August 20, 1991 Dmer co 80200 m Fort St. Vrain Unit No. ]
A. Clegg Crawford P 91268 E'd,'Q,,
.m.n asua License fee and Debt Collection Branch "ll, Division of Accounting and Finance s* '
Office of the Controller
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U.S. Nuclear Regulatory Commission ccyg Washington, D. C. 20555 h,
Docket No. 50 267
$21
Subject:
Payma.at af Annual Licensing fees w,,w Ul'
References:
1)
NL, Invoice No. AT0347-91 E dated August 9, 1991 070**.
(G-91158) ucc u r 2)
NRC Letter, Taylor to Crawford dated July 17, 1991 7"[n, (G-91162) msn
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Gentlemen:
C'Higen 2%l In Reference 1, Public Service Company of Colorado (PSC) was advised that annual licensing fees for the period starting October 1,1988 through April 30, 1990 v="ea
' ",'"*l" totalled $658,480.
In Reference 2, the Nuclear Regulatory Commission (NRC) 4 stated that these fees were allocated es follows:
FY 1988 - Adjusted annual fee of 5264,925 FY 1989 - Adjusted annual fee of $249,395 FY 1990 (period 10/1/89 - 4/30/90) Adjusted annual fee of $144,160 In reviewing Reference 2, the NRC states that a partial exemption from the annual fee requirements for the remainder of FY 1990 was based upon three considerations:
An Order was issued by the NRC on May 1, 1990, which precluded Fort St. Vrain from operating at any power.
Fort St. Vrain has been unable to produce any marketable electricity since May 1, 1990.
An application for possession only was filed on November 21, 1989.
A possession only license was issued on May 21, 1991.
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P-91268 Page 2 August 20, 1991 PSC requests that the NRC re-review the applicability and assessment of the adjusted annual fee for FY 1990.
PSC strongly believes that total exemption should be granted for the following reasons:
1.
PSC notified the NRC on September 1,1989 (PSC letter, Crawford to Weiss, P-89342) of the permanent shutdown of plant operations and intent to enter into defueling activities.
2.
On October 1, 1989, PSC proposed an amendment to the Fort St. Vrain license that clearly stated PSC would not operate the plant for electric production at any time in the future (PSC letter Crawford to Weiss, P-89366).
On November 21, 1989, PSC submitted an application for a Possession Only License, which was subsequently approved by the NRC on May 21, 1991.
3.
Because of the technical problems identified to the NRC in our tetter of September 1,1989, Fort St. Vrain was physically unable to produce any electricity af ter the event of August 18,1989(reported in LER 89-015).
These letters clearly indicate the permanent shutdown of Fort St. Vrain and our commitment never to operate the plant for electrical generation af ter September 1, 1989. Although PSC recognizes that the NRC Confirmatory Order of May 1,1990 confirmed the permanently shutdown status of Fort St. Vrain, PSC had clearly i
communicated to the NRC the commitment not to operate the plant and the technical reasons for not being able to do so. This communication occurred well before the 212 day period of FY 1990 discussed in Reference 2 above. Therefore, PSC should not be assessed fees for any portion of FY 1990 and fees for 1989 should be further reduced.
PSC believes that an assessment of $228,805 for FY 1989 is more appropriate.
This amount reflects a pro-rated amount for FY 1989 (for the period October 1, 1988 through August 31,1989) calculated as follows from Reference 2:
$249,395 fee assessed in Reference 2
$683 daily rate
$228,805 (335 x $683) l PSC will remit electronically $264,925 in payment for the FY 1988 fees by September 6, 1991.
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P-91268 Page 3 August 20, 1991 Until PSC receives a response to this request for a re review of the Ff 1989 and 1990 annual licensing fees, PSC will withhold payment of the disputed amount for FY 1989 and 1990 fees requested in Reference 1.
Should you have any questions i
concerning this matter, please contact Mr. M. H. Holmes (303) 480-6959.
t Very truly yours, O
f A. Clegg Crawford Vice President, Nuclear Operations ACC/DCG:blt ec:
Regional Administrator, Region IV Mr. J. B. Baird Senior Resident inspector Fort St. Vrain Dr. Seymour H. Weiss, Director Non-Power Reactor, Decommissioning and Environmental Project Directorate b
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P-91268 Page 3 August 20, 1991 Until PSC receives a response to this request for a re-review of the FY 1989 and 1990 annual licensing fees, PSC will withhold payment of the disputed amcunt for FY 1989 and 1990 fees requested in Reference 1.
Should you have any questions concerning this matter, please contact Mr. M. H. Holmes (303) 480 6959.
Very truly yours, W
N h
A. Clegg Crawford Vice President, Nuclear Operations ACC/DCG: bit cc:
Regional Administrator, Region IV Mr. J. B. Baird Senior Resident Inspector Fort St. Vrain Dr. Seymour H. Weiss, Director Non-Power Reactor, Decommissioning and Environmental Project Directorate d
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