ML20151V384
| ML20151V384 | |
| Person / Time | |
|---|---|
| Site: | 07000854 |
| Issue date: | 09/09/1998 |
| From: | Turdici J NRC OFFICE OF THE CONTROLLER |
| To: | Jensen C Battelle Memorial Institute |
| Shared Package | |
| ML20151V387 | List: |
| References | |
| NUDOCS 9809140289 | |
| Download: ML20151V384 (13) | |
Text
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- furu p q\ UNITED STATES g ,j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20565-0001
%.....# September 9, 1998 i
i Battelle Memorial Institute
! ATTN: Mr. Craig F. Jensen Radiological Technical Support Manager l Mr. Stephen J. Layendecker i Radiation Safety Officer 505 King Avenue Columbus, OH 43201-2693 Gentlemen:
I am responding to your letters of August 23,1995, and August 10,1998, disputing the fee categories for License SNM-7. On November 7,1995, we responded to your August 23,1995, letter and extended the interest-free waiver period for Invoice AM3285-95. On August 13, 1998, we responded to your August 10,1998, letter and extended the interest-free waiver
- period for invoice AM4515-98. We also received partial payments for the portion of these invoices not in dispute. We completed a review of License SNM-7 and find that an additional amount of $29,550 is due as explained below.
Your August 23,1995, lettar states fee category 30 is invalid because you notified NRC in your September 1,1994, letter for your Type A Broad scope application that you would no longer be conducting industrial radiography. Your September 1,1994, letter states "at one time it was
! thought that an application for radiography would also be submitted. Changes have since ,
occurred in the radiography group and the sources have either been retumed to the !
manufacturer or are in storage awaiting disposal. The radiography projectors are owned by a government agency and are also in storage awaiting disposition." You also stated that fee l Category 2B is not applicable for two reasons: 1) this use is included in the provisions of 10 !
CFR 33.11 and Regulatory Guide 10.5 and therefore under the rate structure for your broad scope license; and 2) the NRC was notified that the source was returned to the manufacturer I prior to the billing cycle. You similarly dispute fee Category 1D because you believe it is covered by the rate structure for your Type A Broad scope license.
For the reasons explained below, we have determined that effective October 1,1994 l l (FY 1995), the correct annual fee assessments for License SNM-7 are for fee categories 1D, l 3P, and 3L. Fee categories are assigned based on the type of material and the use authorized in the license. Footnote 1 of 10 CFR 171.16 specifies that for licenses that authorize more 1
than one activity /use, annual fees will be assessed for each fee category applicable to the license. However, Footnote 1 also provides that the annual fee is waived for thosej materialsi l licensees who either filed for termination or filed for a downgrade of their license prior to p/ 'f October 1 of each fiscal year and permanently ceased licensed activities entirely by September 30 of each fiscal year.
License SNM-7 is not limited for Type A Broad scope research and development. As of October 1,1994, License SNM-7 authorized the use of:
9809140289 980909 PDR ADOCK 07000854 C PDR 1
Mr. Craig F. Jensen -2 September 9, 1998 e byproduct material for research and development as defined in 30.4(a) of 10 CFR Part 30.4(a) (fee Category 3L);
e special nuclear material (Uranium 233, and 236) for analysis (fee Category 1D);
e industrial radiography (fee Category 30); and e source material for shielding (fee Category 28); and e a moisture density gauge for use at temporary job sites (fee Category 3P).
As noted on the enclosed chart, the original FY 1995 annual fee invoice AM3285-95 reflects fee Categories 28,1D,3L and 30. However, the invoice did not reflect the assessment of fee Category 3P which covers the possession and use of a moisture density gauge at temporary job sites as authorized by Amendment No. 5 on September 2,1994.
We agree that, beginning October 1,1994 (FY-1995), fee Categories 30 and 28 are not applicable to License SNM-7 since you permanently ceased industrial radiography operations, which also removes the fee from the license for the source material used for shielding.
Therefore, fee Categories 30 and 28 are deleted from FY 1995 Invoice AM3285-95. However, fee Category 1D is still applicable. As stated in 10 CFR 33.11(a), a Type A specific license of broad scope is a specific license auttorizing receipt...of the bvoroduct (emphasis added) material specified in the license. The Uranium 233 and Uranium 236 authorized in License SNM-7 are special nuclear material, not byproduct material. Thus, they are not covered by the Type A Broad scope authorization.
Because the use of the moisture density gauge is not related to your broad scope activities, it also is not covered by the Type A Broad scope authorization. Therefore, fee Category 3P is applicable for the annual fee assessment. Through an oversight, this fee category was not previously assigned to License SNM-7. In summary, the correct FY 1995 annual fee for License SNM-7 are fee Categories 1D,3P, and 3L. The FY 1995 fee for Category 3L has been paid. Enclosed is a revised FY 1995 annual fee invoice AM3285-95 with a remaining balance due of $4,700.
Because an application is pending for the renewal of License SNM-7 for decommissioning activities, which are currently not subject to annual fees, and your request for a Type A Broad scope license is also still pending, License SNM-7 was erroneously listed as " expired" and the annual fee for FY 1996 was not assessed. Since you did not permanently cease operations for the licensed activities covered by fee Categories 1D, 3P, and 3L, the annual fees are due for these categories for FY 1996. Enclosed is FY 1996 invoice AM6362-96 for 515,800.
You were also issued Invoice AM5133-97 for the FY 1997 annual fee. Enclosed, however, is a revised FY 1997 invoice for $15,800 reflecting the deletion of fee Categories 30 and 28 and the addition of fee Category 3P as discussed above. We acknowledge payment of $11,400 for fee Category 3L for invoice AM5133 97, and have also deducted $150 from the amount due as is -
explained in the enclosure. For the same reasons previously discussed, the FY 1998 annual l
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T Mr. Craig F. Jensen fee for invoice AM4515-98 for fee Categories 1D,3P and 3L are also correct, and a balance of
$4,800 is due for 1D and 3P. The FY 1998 fee for Category 1D has been paid.
I apologize for the amount of time it has taken to reply to your original dispute of fee categories on invoice AM3285-95 and that you were not previously billed for License SNM-7 for FY 1996.
In summary, the amounts due are $4,700 for FY 1995; $15,800 for FY 1996; $4,250 for FY 1997; and $4,800 for FY 1998. The invoices are enclosed. While payment is due within 30 days of the invoice dates to avoid assessment of interest and late charges, I will consider any request for extension of the 30-day interest-free waiver period due to the amount of time it has taken to resolve the fee issues for License SNM-7.
If you have any further questions regarding the assessment of fees, please contact Glenda Jackson at 301-415-6057. If you have any questions about your pending licensing actions, please refer them to NRC's Region lli Office, attention Kevin Null at 630-829-9854.
Sincerely, Original signed by James Turdici James Turdici, Director Division of Accounting and Finance Office of the Chief Financial Officer a
Enclosures:
- 1. Chart of Fee Adjustments
- 2. Federal Register Notices (FY 1995-FY 1998) 3.10 CFR Part 15
- 4. FY 1995 Invoice AM3285 Revised
- 5. FY 1996 Invoice AM6362 -96
- 6. FY 1997 invoice AM5133 Revised
- 7. FY 1998 Invoice AM4515-98 Distribution: w/ enclosure 1 only KNull, Reg ill w/ine PDR w/inc.
LTremper, OCFO w/o inc. NUDOCS (ML-61) w/inc.
SCrutchfield, OCFO w/inc. License Files: SNM-7 w/inc.
Invoice File AM3285-95, AM6362-96, AM5133-97, AM4515-98, w/cy inc.
OCFO/DAF/LFARB/LFS LF-95-300, LF-98-92 w/o inc.
OCFO/DAF/LFARB RF w/inc.
OCFO/DAF Ri: (DAF-7-132) w/fnc.
OCFO/DAF S/F (LF.3.2.2) w/ orig. inc.
OCFO RF w/inc. DOCUMENT NAME: G:\DAF7132a.WPD (To rece,ve a copy of ilus documem, mdicare in the bon *C" = Copy wnhout anachmem'enchure "E" = Corv wnh anachmemenchure "N" = No cgy 0FFICE OCF0/DAF/LFArd C OCF0/DAF/LFARB _
C OCF0/DAF d NAME SK1bley/B DW /GJackson/DDa JTurdici DATE h /98 9/A/98 @/$/98 0FFICIAL RECORD COPY
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Chart of Fee Adjustments invoice Oriainal Bill Revised Bill AM3285-95 2B $ 480 1D $ 3,000 1D $ 3,000 3L 12,100 3L 12,100 3P 1,700 3P 1,700 30 13.900 Total: $ 29,480
$ 16,800 Paid 3L S-12.100 Due:S 4,700 AM6362-96 1D $ 2,800 3L 11,400 3P 1.600 Total: $ 15,800 Due:S 15,800 AM5133-97 2B $ 450 1D 2.800 1D $ 2,800 3L 11,400 3L 11,400 30 $ 13.900 3P 1,600 Total: $ 27,650
$ 15,800 Paid 3L $ -11,400 150' Due$ 4,250 AM4515-98 1D $ 3,100 3L 12,300 3P 1200 Total: $ 17,100 Paid 3L $ -12.300 Due:S . 4.8.03 Gra.,d Total Due:$ 29,550
'We were informed by the D.C. Court, Unclaimed Property Division, that they had received in l 1991 a check for $150 from Battelle. They forwarded the check to NRC on May 1998.
g U. S. NUCLEAR REGULATORY COMMISSION FY 95 Annual Materials Fee Invoice Period 10/1/1994 - 9/30/1995 10 CFR 171.16 Licence Anniversary Month Invoice Date Invoice Number
====== ========================= ========
09/15/98 July AM3285-95 TO: BATTELLE ATTENTION: CRAIG E. JENSEN 505 KING AVENUE COLUMBUS, OH 43201-2693
- Mark PAYMENT COPY with any billing address changes ***** ,
License / Approval /
Registration / Code Annual Fee
. Certificate Number AA905 Category (s) Fee. Amount
............. ==== ===== =====...... =======...-====
SNM-7 ANN 1D $ 3,000.00 SNM-7 ANN 3L $ 12,100.00 SNM-7 ANN 3P $ 1,700.00 TOTAL: $ 16,800.00 TOTAL INVOICE: $ 16,800.00 If paid by Fedvire see attached Terms and Conditions, If paid by check, make check payable to the NP.C (reference Invoice no.) and mail tos
=================================
U.S. Nuclear Regulatory Commission <=== This PO Box address is ,
License Fee & Accounts Receivable Branch <=== for receipt of payments !
P.O. Box 954514 <=== only. l St. Louis, MO 63195-4514 For terms and conditions see attached.
Payment must be received within 30 days of the date of this invoice to' avoid late charges.
Questions: call 301/415-7554.
- LICENSEE COPY *
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U. S. NUCLEAR REGULATORY COMMISSION i FY 95 Annual Materials Fee 17oice Period 10/1/1994 - 9/30/1995 10 CFR 171.16 '
Invoice Date License Anniversary Month Invoice Number
====== ========================= ========
09/15/98 July AM3285-95 TO: BATTELLE ATTENTION: CRAIG E. JENSEN 505 KING AVENUE COLUMBUS, OH 43201-2693 i
- Mark PAYMENT COPY with any billing address changes *****
License / Approval / ,
Registration / Code Annual Fee ;
Certificate Number AA905 Category (s) Fee Amount '
================== ===== =========== ====== ........
SNM-7 ANN 1D 3,000,00 SNM-7 ANN 3L $ 12,100.00 SNM-7 l ANN 3P $ 1,700.00
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TOTAL: $ 16,800.00 1 TOTAL INVOICE: $ 16,800.00 If paid by Fedwire see attached Terms and Conditions. If paid by cheek, make check payable to the NRO (ref erence Invoice no.) and mail toi
=================================
U.S. Nuclear Regulatory Commission <=== This PO Box address is License Fee & Accounts Receivable Branch <=== for receipt of payments P.O. Box 954514 <=== only.
St. Louis, MO 63195-4514 l 1
For terms and conditions see attached. ;
Payment must be received within 30 days of the -
date of this invoice to avoid late charges.
Questions: call 301/415-7554.
- l
- PAYMENT COPY *
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U. S. NUCLEAR REGULATORY COMMISSION FY 96 Annual Materials Fee Invoice Period 10/1/1995 - 9/30/1996 10 CFR 171.16 Invoice Date License Anniversary Month Invoice Number 09/15/98 July AM6362-56 TO: BATTELLE ATTENTION: CRAIG E. JENSEN 505 KING AVENUE COLUMBUS, OH 43201-2693
- Mark PAYMENT COPY with any billing address changes.*****
License / Approval /
Registration / _ Code Annual Fee Certificate Number AA905 Category (s) Fee Amount
.................. ===== == ....m... ...............
SNM-7. ANN 1D $ 2,800.00 SNM-7 ANN 3P S 1,600.00 SNM-7 ANN 3L $ 11,400.00 TOTAL: $ 15,800.00 TOTAL INVOICE: $ 15,800.00 if paid by Fedwire see attached Terms and Conditions. If paid by check, make check payable to the NRC (reference Invoice no.) and mail toi amm....mmmmm.m ma===mmmmm==ammm. mmmmm..m...a U.S. Nuclear Regulatory Commission <=== This PO Box address is License Fee & Accounts Receivable Branch <=== for receipt of payments P.O. Box 954514 <=== only.
St. Louis, MO 63195-4514 For terms and conditions see attached.
Payment must be received within 30 days of the date of this invoice to avoid late charges.
Questions: call 301/415-7554.
- LICENSEE COPY
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U. S. NUCLEAR REGULATORY COMMISSION '
FY 96 Annual Materials Fee Invoice I Period 10/1/1995 - 9/30/1996 l 10 CFR 171.16 l i
Invoice Date License Anniversary Month Invoice Number l maammasammes ammmmmmmmmmmmmmmmmmmmmmma mammmmmmmmmmma 1 09/15/98 July AM6362-96 I i
TO: BATTELLE l ATTENTION: CRAIG E. JENSEN i 505 KING AVENUE COLUMBUS, OH 43201-2693 i
- Mark PAYMENT COPY with any billing address changes ***** J
< l License / Approval /
Registration / Code Annual Fee l Certificate Number AA905 Category (s) Fee Amount summmmmmmmmmmmmmma mamma saammmmmmmm amEmmmmmmmmmmmm SNM-7 ANN 1D $ 2,800.00 SNM-7 ANN 3P $ 1,600.00 SNM-7 ANN 3L $ 11,400.00 TOTAL: $ 15,800.00 TOTAL INVOICE: $ 15,800.00 If paid by Fedwire see attached Terms and Conditions. If paid by check, make check payable to the NRC (reference Invoice no.) and mail to m a a m m m m m a ss a m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m m a IT.S. Nuclear Regulatory Commission <=== This PO Box address is )
License Fee & Accounts Receivable Branch <=m= for receipt of payments l P.O. Box 954514 <=== only.
St. Louis, MO 63195-4514 For terms and conditions see attached.
Payment must be received within 30 days of the date of this invoice to avoid late charges.
Questions: call 301/415-7554.
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- PAYMENT COPY
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- I U. S. NUCLEAR REGULATORY COMMISSION ;
FY 97 Annual Materials Fee Invoice l Period 10/1/1996 - 9/30/1997 i 10 CFR 171.16 !
Invoice Date License Anniversary Month Invoice Number
--.......... ==================== .... ..............
09/15/98 July AM5133-97 TO: BATTELLE ATTENTION: CRAIG E. JENSEN !
505 KING AVENUE 1 COLUMBUS, OH 43201-2693 l
l
- Mark PAYMENT COPY with any billing address changes *****
License / Approval /
Registration / Code Annual Fee Certificate Number AA905 Category (s) Fee Amount
............. -=== ----. =========== ===............
SNM-7 ANN 1D $ 2,800.00 SNM"7 ANN 3L $ 11,400.00 SNM-7 ANN 3P $ 1,600.00 TOTAL: $ 15,800.00 TOTAL INVOICE: $ 15,800.00 If paid by Fedvire see attached Terms and Conditions. If paid by check, make check payable to the NRC (reference Invoice no.) and mail to maammmm.mmmmmmm.msm-mmmmmmmmmmmm.mmmmmmmmmmme U.S. Nuclear Regulatory Commission <=== This PO Box address is License Fee & Accounts Receivable Branch <=== for receipt of payments P.O. Box 954514 <=== only.
St. Louis, MO 63195-4514 For terms and conditions see attached.
Payment must be received within 30 days of the i date of this invoice to avoid late charges.
Questions: call 301/415-7554.
I 1
- LICENSEE COPY *
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U. S. NUCLEAR REGULATORY COMMISSION FY 97 Annual Materials Fee Invoice Period 10/1/1996 - 9/30/1997 10 CFR 171.16 Invoice Date License Anniversary Month Invoice Number
====== maammmmmmmmmmmmmmmmmmmmma ========
09/15/98 July AM5133-97 TO: BATTELLE ATTENTION: CRAIG E. JENSEN 505 KING AVENUE COLUMBUS, OH 43201-2693
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- Mark PAYMENT COPY with any billing address changes ***** i
> < l License / Approval /
Registration / Code Annual Fee
)
i Certificate Number AA905 Category (s) Fee Amount maammmmmmmmmmmmmma ===== =========== =============== I SNM-7 ANN 1D $ 2,800.00 SNM-7 ANN 3L $ 11,400.00 SNM-7 ANN 3P $ 1,600.00 TOTAL: $ 15,800.00 TOTAL INVOICE: $ 15,800.00 If paid by Fedvire see attached Terms and Conditions. If paid by check, make check payable to Lhe NRC (reference Invoice no.) and mail to
=================================
U.S. Nuclear Regulatory Commission <=== This PO Box address is License Fee & Accounts Receivable Branch <=== for receipt of payments P.O. Box 954514 <=== only.
St. Louis, MO 63195-4514 For terms and conditions see attached.
Payment must be received within 30 days of the date of this invoice to avoid late charges.
Questions: call 301/415-7554.
- PAYMENT COPY *
)
U. S. NUCLEAR REGULATORY COMMISSION FY 98 Annual Materials Fee Invoice Period 10/1/1997 - 9/30/1998 10 CFR 171.16 Invoice Date License Anniversary Month
............ Invoice Number 09/15/98 July AM4515-98 TO: BATTELLE ATTENTION: CRAIG E. JENSEN 505 KING AVENUE COLUMB"S, OH 43201-2693
- Mark PAYMENT COPY with any billing address changes *****
License / Approval /
Registration / Code Annual Fee Certificate Number AA905 Category (s) Fee Amount SNM-7 ANN 1D $ 3,100.00 SNM-7 ANN 3L SNM-7 $ 12,300.00 ANN 3P $ 1,700.00 TOTAL: $ 17,100.00 TOTAL INVOICE: $ 17,100.00 If paid by Fedwite see attached Terms and Conditions, If paid by check, make check payable to the NRC (reference invoice no.) and mail tor
.........................................ss...
U.S. Nuclear Regulatory Commission <=== This PO Box address is License Fee & Accounts Receivable Branch <=== for receipt of payments P.O. Box 954514 <=== only.
St. Louis, MO 63195-4514 For terms and conditions see attached.
Payment must be received within 30 days of the date of this invoice to avoid late charges.
Questions: call 301/415-7554.
LICENSEE COPY
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e U. S. NUCLEAR REGULATORY COMMISSION FY 98 Annual Materials Fee Invoice Period 10/1/1997 - 9/30/1998 10 CFR 171.16 !
l Invoice Date License Anniversary Month Invoice Number l 09/15/98 July AM4515-98 TO: BATTELLE l ATTENTION: CRAIG E. JENSEN I 505 KING AVENUE COLUMBUS, OH 43201-2693
- Mark PAYMENT COPY with any billing address changes *****
License / Approval /
Registration / Code Annual Fee Certificate Number AA905 Category (s) Fee Amount SNM-7 ANN 1D $ 3,100.00 SNM-7 ANN 3L $ 12,300.00 SNM-7 ANN 3P $ 1,700.00 TOTAL: $ 17,100.00 TOTAL INVOICE: $ 17,100.00 12 paid by Fedwire see attached Terms and Conditions. If paid by check, l make check payable to the NRC (reference invoice no.) and mail to U.S. Nuclear Regulatory Commission <=== This PO Box address is !
License Fee & Accounts Receivable Branch <=== for receipt of payments P.O. Box 954514 <=== only.
St. Louis, MO 63195-4514 For terms and conditions see attached.
Payment must be received within 30 days of the date of this invoice to avoid late charges.
Questions: call 301/415-7554.
- PAYMENT COPY *
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AUG-10-1998 14:49 P.01/04 tidHelle Date: Augunt 10, 1998 l
t, , . . . runing rechnology ro wo,s Qb. 0 505 King Avenue Total Pages: 4 unaem t..o smo !
Columbus, OH 432012693 17;2 !.'310 El 3: 35 Fax No-BatteIIe Facsimile Service verify; I
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To: From:
l FAX No: (301)415-5387 -
Phone: (614)424-3885 l Name: Shirley Crutchfield Name: Steve Layendecker Beverly S. Jones Radiation safety 1
officer Company: US 1RC '
Contact No: (301) 415-6097 l _ l ..o.
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In Ms. Crutchfield's absence please direct this facsimile to Ms. Beverly S. Jones.
Thank you.
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