ML20151V414
| ML20151V414 | |
| Person / Time | |
|---|---|
| Site: | 07000854 |
| Issue date: | 08/23/1995 |
| From: | Jensen C Battelle Memorial Institute, COLUMBUS LABORATORIES |
| To: | Crutchfield S NRC |
| Shared Package | |
| ML20151V387 | List: |
| References | |
| NUDOCS 9809140300 | |
| Download: ML20151V414 (2) | |
Text
,
/
1 1
OBaffelle
., Putting Technology To %brk s0s King Avenue Columbus, Ohio 43201-2693 Telephone (614)4244424 Facsimile (614)424-s263 W
August 23,1995 U.S. Nuclear Regulatory Commission License Fee and Debt Collection Branch Two White Flint North 11545 Rockville Pike M/S T-9E10 Rockville, MD 20852 Attention: Shirley Crutchfield
Dear Ms Crutchfield:
This letter is in response to an NRC FY 95 Annual Materials Fee Invoice, number AM03285-95, and dated 07/22/95. In accordance with 10 CFR 15.31, " Disputed Deb".
Battelle is exercising its right to dispute the fees assessed by the NRC.
We believe that fee category item 3 O, Industrial Radiograohv Operations, is invalid due to the fact that the NRC was notified that Battelle would no longer be invol~ ed with isotope v
radiograohy via Battelle Memorial Institute's Type A Broadscope License Application cover letter dated September 1,1994. This notification was made and received by the NRC prior to the current billing cycle.
_Battelle further assens 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 tonowmg reasons. _First, Battelle has a Tvoe A Broad scope license. In accordance with the provisions of 10 CFR 33.11 and Regulatory Guide 10.5 this use is included in the provisions and therefore the rate structure of the Broad scope license. Battelle is, in effect, being billed "for the maintenance of ante r~m materink liceme. when in fact no such license is being maintained. Secondly, the NRC was notified that the shielded source and for which this l
material was used as shielding was returned to the manufacturer prior to the current billing cycle.
9809140300 980909 PDR ADOCK 07000854 C
PDR l
g --
~
u
,,.4 Ms Crutchfield August 23,1995 Page 2
,N In a similar fashion, Battelle asserts that fee category item 1 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 i 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 masons. First, Battelle has a Type A Broad scope license. In accordance with the provisions of 10 CFR 33.11 and Regulatory Guide 10.5 this use is I
included in the provisions and therefore he rate stmeture of the Bmad scope license.
Battelle is, in effect, being billed for ths maintenance of a separate special nuclear materials license, when in fact no such license is being maintained.
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.
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 $12,100.00. Battelle therefore believe our total invoiced amount should be $12,100.00.
Battelle is initiating an electronic funds transfer for this amount.
If any additional information is required, you may contact Dennis Clum of my staff at (614) 424-5911 or myself at (614) 424-5170.
Sincerely, Craig B. Jensen Radiological Technical Support Manager Attachments-BMI's Type A Broadscope License Application cover letter Copy of invoice dated 7/22/95 cc:
U.S. Nuclear Regulatory Commission License Fee and Debt Collection Branch PO Box 954514 St I.ouis, MO 63195-4514