ML20151V399
| ML20151V399 | |
| Person / Time | |
|---|---|
| Site: | 07000854 |
| Issue date: | 08/10/1998 |
| From: | Layendecker S Battelle Memorial Institute, COLUMBUS LABORATORIES |
| To: | Crutchfield S NRC |
| Shared Package | |
| ML20151V387 | List: |
| References | |
| NUDOCS 9809140295 | |
| Download: ML20151V399 (3) | |
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OBattelle
. Putting Techaningy rn Mbrk 505 King Avenue Columbus,ONo 432ttk2693 Telephone (614) 4244(24 Far. simile (614) 424-s263 August 10,1998 U.S. Nuclear Regulatory Commission Office of the Chief Financial Officer Division of Accounting and Finance License Fee and Accounts Receivable Branch M/S T-9 E10 Washington, DC 20555-0001 Attention: Ms Shirley Crutchfield
Dear Ms Crutchfield:
As directed in NUREG/BR-0238, Rev. 2 (October 1997), I am writing to you as our Regional Point of Contact regarding 1998 Annual Fees Invoice, Number AM4515 98. Battelle believes that the invoice is partially in error. Following 10 CFR 15.31, " Disputed debts," Battelle is exercising its right to dispute the fees assessed by the NRC within the allotted time period.
We further request, per 10 CFR 15.31(b) and 15.37(j), that the NRC extend the interest waiver period pending a final detennination of the applicability of the debt.
Battelle agrees with the NRC concerning the applicability of category item 3L, Broadscope Byproduct Re!,earch & Development License, billed at $12,300.00. Battelle believes allofits annual activities should be covered under this category, and has initiated an electronic funds transfer to the NRC in the amount of $12,300.00. The Reference for this transaction is 980807-000893. Battelle is, however, disputing the other categories in your invoice.
Battelle asserts that fee category item ID, "All other special nuclear material licenses, except licenses which authorizing special nuclear material in unsealed form in combination that would constitute a critical mass as defined in 150.11 of this chapter, for which the licensee shall pay the same fees as those for Category 1.A.(2)..", is not applicable for the following reasons. First, Battelle has a Type A Broadscope license. According to the provisions of10 CFR 33.12,10 CFR 30.32(d), and Regulatory Guide 10.5 this use is included in the provisions and therefc.re the rate structure of the Broadscope license. Battelle is being billed, in effect, for the maintenance of a separate special nuclear materials license, when in fact no such license is being maintained, and no service is being rendered commensurate with a separate license.
9809140295 980909 PDR ADOCK 07000G54 C
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AUG-10-1998 14:50 P.03/04 s.
IT Similarly, and with identical arguments, Battelle asserts that fee category 3P "All other specific byproduct material licenses, except those in Categories 4A through 9D", is not applicable and should not be assessed for the following reasons. Specifically, Battelle has one Type A j
Broadscope license, SNM-7, and its activities are conducted under it. According to the provisions of 10 CFR 33.12,10 CFR 30.32(d), and Regulatory Guide 10.5 this use is included in the provisions and therefore the rate structure of the Broadscope license. Battelle is being billed, in effect, for the maintenance of a separate byproduct materials license, when in fact no such license is being maintained.
Since the above arguments are rooted in equity, that is, Battelle is being charged for service that is being done under its Broadscope License and that there are no separate licenses and commensurate services that would justify these separate charge categories, Battelle believes that it has shown, in fact and/or in law, that the NRC was in error in applying these charges. Further, Battelle believes that the current practice ofincorporating small amounts of"other licensed materials" and other authorized uses into a Broadscope license is a cost-effective way to conduct regulatory business, and is in keeping with the Paperwork Reduction Act and should not be billed under separate fee categories. We therefore request that items 1D and 3P and their associated fees be deleted from our invoice, and that our Annual Material Fee be reduced to only item 3L. Battelle believes that it has provided sufficientjustification to have these portions ofits annual fee exempted under 10 CFR 171.11(d).
Battelle requests that the NRC update its files to reflect the billing address change of the contact person enclosed on the corrected invoice. This is being supplied in the format requested.
If any additional information is required to assist in your evaluation, please feel free to contact Mr. Craig Jensen of my stafrat (614) 424-5170.
Sincerely,
/
/
Stephen J. Layendecker Radiation Safety Officer CEJ:SJL:nrc-a898.wpd Attachment
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G 10-1998 14:50 P.04/04 U. S. NUCLEAR REGULATORY COMMISSION FY 1998 Annual Materials Fee Invoice Period 10/1/1997 9/30/1998 10 CFR 171.16 Invoice Date License Anniversary Month Invoice Number co==
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07/11/1998 July AM4515-98 Sh ban 3 lAf*J5d
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BATTELLE ATTENTION:
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505 KING AVENUE COLUMBUS OH 43201-2693
- "** Mark PAYMENT COPY with any billing address changes *""
License / Approval /
Registration /
Code A.inual Fee Certificate Number AA905 Category (s)
Fee Amount
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SNM-7 ANN 1D 3,100.00 3L 12,300.00 3P 1,700.00 TOTAL:
17,100.00 TOTAL INVOICE:
17,100.00 If paid by Fedwire see attached Terms and Conditions.
If paid by check, mako check payable to the NRC (referente Invoice no.) and mail to:
......................======............====.
U.S. Nuclear Regulatory Commission
<==. This PO Box address is Licsnse Fee & Accounts Receivable Branch c.=.
for receipt of payments P.O. Box 954514 c.. 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.
Qu2stions:
call 301/415-7554 j
LICENSEE COPY
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6e4444*****e.....**69ett96.
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