ML20151V409
| ML20151V409 | |
| Person / Time | |
|---|---|
| Site: | 07000854 |
| Issue date: | 08/14/1997 |
| From: | Layendecker S Battelle Memorial Institute, COLUMBUS LABORATORIES |
| To: | Dandois D NRC |
| Shared Package | |
| ML20151V387 | List: |
| References | |
| NUDOCS 9809140297 | |
| Download: ML20151V409 (2) | |
Text
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m-OBatteIIe
. Putting Technology To Work s0s King Avenue Columbus, Ohio 43201-2693 Telephone (614)424-6424 facsimile (614)424-s263 August 14,1997
'i
- %J U
U.S. Nuclear Regulatory Commission 2
License Fee and Debt Collection Branch C3 Two White Flint North i1545 Rockville Pike n
M/S T-9E10 T
Rockville, MD 20852 Attention: DianeDandois
Dear Ms Dandois:
This letter is in response to a NRC FY 97 Annual Materials Fee Invoice, number AM5133-97, and dated 07/14/97. In accordance with 10 CFR 15.31, " Disputed Debts," Battelle is exercising its right to dispute the fees assessed by the NRC.
We further request, per 10 CFR 15.31(b), that the NRC extend the interest waiver period pending a final determination as to the applicability of the debt.
Battelle is in agreement with the NRC conceming the assessed charge listed for category item 3L at $11,400.00. Battelle therefore believes our total invoiced amount should be $11,400.00.
Battelle is initiating an electronic funds transfer for this amount. Battelle is disputing the other categories in your invoice.
We believe that fee category item 3 0, Industrial Radiography Operations, is not applicable due to the fact that the NRC was notified that Battelle is no longer performing isotope radiography.
Notification was made in Battelle MemorialInstitute's Type A Broadscope License Application cover letter dated September 1,1994. 'lhis notification was made to and received by the NRC prior to the current billing cycle. Battelle disposed ofits Ir-192 radiography sources in mid-1994.
Battelle further asserts that fee category item 2 B, " Licenses which authorize only the possession, use and/or installation of source material as shielding", is not applicable for the following reasons. Firstly, the NRC was notified that the source material shielding and the source for which this material was used as shielding was returmd to the manufacturer prior to the current billing cycle. Secondly, Battelle has a Type A Broadscope license. In accordance with the provisions of 10 CFR 33.12,16 CFR 30.32(d), and Regulatory Guide 10.5 this use is included in the provisions l
and therefore the rate structure of the Broadscope license. Battelle is being bir.ed, in effect, for the maintenance of a separate source materials license, when in fact no such license is being maintained.
9809140297 980909 PDR ADOCK 07000854 C
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(A
),
s In a similar fashion, Battelle asserts that fee category item i D, "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 S 150.11 of this chapter, for which the licenseee shall pay the same fees as those for Cate;ory 1.A.(2)..", is not applicable for the following reasons. First, Battelle has a Type A Broadscope license. In accordance with 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 special nuclear materials license, when in fact no such license is being maintained.
Since most of the above arguments are rooted in equity, that is, Battelle is being charged for service that is being performed under its Broadscope License and that there is no separate licenses that wouldjustify these separate charge categories, Battelle believes that it has demonstrated, in fact and/or in law, that the NRC was in error in applying these charges. We therefore request that the items specified be deleted from our invoice. These are the same arguments that were used in Battelle's dispute ofits 1995 Annual Fee Invoice (AM03285-95) sent to the attention of Shirley Crutchfield.
If any additional information is required to assist in your evaluation, you may contact Mr. Craig Jensen of my staff at (614) 424-5170.
Sincerely,
[
Stephen J. Layendecker Radiation Safety Officer CEJ:SJL:nrc-a897.wpd
)
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