ML20126D489
| ML20126D489 | |
| Person / Time | |
|---|---|
| Issue date: | 12/02/1992 |
| From: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | Craig L SENATE |
| Shared Package | |
| ML20126D492 | List: |
| References | |
| FRN-57FR18095, RULE-PR-170 NUDOCS 9212280014 | |
| Download: ML20126D489 (3) | |
Text
3
.e eSE80u
- g q'o UNITED STATES
~g f'
g g-NUCLEAR REGULATORY COMMISSION g
fa WASHINGTON, D. C. 20555 e..*$
49 The Honorable Larry E. Craig United States Senator 304 H.
8th Street, Room 149 Boise, Idaho 83702
Dear Senator Craig:
I am responding to your letter dated November 5, 1992, written on behalf of your constituent, David G. Powell, Toothman-Orton Engineering Company.
Mr. Powell feels that the NRC has unfairly billed his company for services not rendered.
The Omnibus Budget Reconciliation Act of 1990 (OBRA-90), requires that the Commission recover 100 percent of its budget authority, less appropriations from the Department of Energy (DOE) administered Nuclear Waste Fund, for Fiscal Years 1991 through-1995 by assessing license and annual fees.
For FY 1991, the Commission was required to collect approximately $445 million and approximately $493 million for FY 1992 through these fees.
In order to comply with the law, the Commission published FY 1991 fees in July 1991 and FY 1992 fees in July 1992 based on careful evaluation of public comments.
The fee referenced in Mr.
Powell's letter is an annual fee that was established to implement OBRA-90.
I have reviewed the information provided to me in your constituent's letter of October 30, 1992, and have granted an extension to August 29, 1991, for filing a request for termination of License No. 11-27352-01 for purposes of avoiding the FY 1991 annual fee.
Enclosed is my response to Mr. Powell of Toothman-Orton Engineering Company.
If you need any additional'information, please let me know.
Sincerely, i
N mes M.
ylor fxecutivI Director for Operations
Enclosure:
As stated h I.
-15005o 9212280014 921202 PDR ORO NE E Ih
-DISTRIBUTION:
CONGRESSIONAL CORRESPONDENCE FY 1992-
-DDANDOIS GJACKSON EKBLACK JFUNCHES JHOLLOWAY OC-92-487 EDO 8295 CRC-92-0951 SECY-92-0951 OC R/F DAF R/F LPDCB R/F (2)
EDO R/F 4
OFFICE:
LFD nac*
DAF DA O
NAME:
DDANDOIS
-EB L
WAY-DATE:
. (1/ gg/ 92 -
/92
/4 /9 f /
/92
-OFFICE:
' OC OC _ '
JFUNCHES RMSC30GGINS JMT OR DATE:
i,/
/92 g-y/92-
/
/92
)
/92 9'
DEC 2 1992 DISTRIBUTION:
10 CFR-171 Exemption File.FY.1992 (w/ orig. inc.).
License File 11-27352-01 (w/ copy inc.)
Materials' Annual Fee correspondence File (w/ copy inc.)
Invoice File' AM08239-91 (w/ copy inc.)
NUDOCS (ML61) (w/ copy inc.)
PDR GJackson DDandois EBlack DWeiss JHolloway (w/ copy inc. )
GFehst EDO OC-92-492 DAF R/F LFDCB R/F (2)
LTremper (add this name if cancelling invoice and/or issuing refund)
CFFICE:
LFDCB:ma L
B DAF )
DA NAME:
GJACKSON /
DDNJDOIS E % CK LLER-DATE:
l[/g/92
((/
/92
//
/92 jg /Q /92 l
OFFICE:
OC OC OGC kggf' gf NAME:
// /f /92
/
g92
/
/92 g.y p
OFFICE:
OC h
E NAME:
((/y/92 fg
/92
'o UNITED GTATES g
[,
p, NUCLEAR REGULATORY COMMISSION 5
l
- WASHINGTON, D. C,20555 a
E
~% *.... J Toothman-Orton Engineering Co.
ATTN:
David G.
Powell Radiation Safety Officer 1802 North 33rd Street Boise, Idaho 83703-5897 Gentlemen:
I am considering your October 30, 1992, letter to Payco-General American Credits (NRC's debt collection contractor) and your letter of October 15, 1991, to our Region IV office, as a request for exemption from the FY 1991 annual fee for License No. 11-27352-01, Invoice No. AM08239-91.
The bases for your request are:
- 1) you received roams of NRC regulations, which included material stating that the deadline-for terminating your license to avoid the FY 1991 fee was August 9, 1991, at the busiest time of the construction season;
- 2) you were very busy managing construction projects in and around the Boise area and spent minimal time in the office reviewing NPC regulations; 3) you had made your decision to terminate prior to the deadline date of August 9,'1991; 4) upon receipt of the first notice you contacted NRC and were told failure to pay the fee could result in cancellation of the license, which is exactly what you wanted; 5) you had not received any written reply to any of your correspondence regarding this issue; and 6) in a July 1991 telephone conversation with Region IV you were led to believe you had until September 30, 1991, to terminate.
The final rule revising 10 CFR Part 170 ced 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 i
(56 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.
l Based on the information provided in your letters of October 15, i
1991, and October 30, 1992, the Commission:
- 1) grants an extension to the time to file for termination to August 29, 1991; i
~
g
+
i Toothman-Orton Engineering Co.
p.2
- 2) acknowledges that you transferred your Troxler Moisture Density Gauge on August 29, 1991; 3) considers your actions timely for purposes of avoiding the FY 1991 annual fee; and 4) acknowledges that your license was terminated on May 11, 1992.
Invoice No. AM08239-91 will be canceled.
Sincerely, l
ames M.
,. ylor xecutive Director for Operations
.