ML20136J287

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Concurs W/Application of 10CFR170 to Contingency Plans Required by Regulations in 10CFR70.32(g),73.40(b) & 50.34(d)
ML20136J287
Person / Time
Issue date: 05/16/1979
From: Fonner R
NRC OFFICE OF THE EXECUTIVE LEGAL DIRECTOR (OELD)
To: Rothchild I
NRC OFFICE OF THE GENERAL COUNSEL (OGC)
Shared Package
ML20136J108 List:
References
FRN-62FR8885, RULE-PR-170, RULE-PR-171 AF55-1-017, AF55-1-17, NUDOCS 9703200077
Download: ML20136J287 (1)


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k May 16, 1979 /

NOTE T0: Irwin B. Rothchild, III Office of the General Counsel Attached is a letter from General Atomic. Company requesting a formal interpreta-tion by the General Counsel of the application of 10 CFR Part 170 to contingency plans required by regulations in 10 CFR 70.32(g), 73.40(b) and 50.34(d) (if a power reactor). It is the opinion of the License Fee Management Branch, in M which I concur, that since the plan is a regulatory reauirement whose review I, results in an approval and license ametidment, that lice..se amendment fees are )

applicable. -

I am also attaching two letters to United Nuclear Corporation concerning fees for guard training and qualification plan soprovals. Excent for the references to specific sections in Part 73, and its Appendices, the logic of these letters would appear to be equally applicable to contingency plans.

Westinghouse has also raised the cuestion of the contingency plan approval fee, and its letter is attached, although no legal opinion was requested.

I have been informed that the License Fee Manaaement Branch will continue to inform licensees that amendment fees are due for reviews of contingency plans and guard training and qualification plans unless OGC has some compelling reason to defer collection pending comoletion of a General Counsel's opinion i on the matter. If there is a compelling reason to defer, please let us know as soon as possible. -

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Robert L. Fonner Attorney Office of the Executive Legal Director

Enclosures:

As stated i cc: Martin G. Malsch ,_,

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From.

Cy to. .t 9703200077 970317 t,c;ian C P.l1.

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170 62FR8885 PDR #

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