ML20154D016

Advises That Based on Submitted Info,No Fee Issue Needs to Be Resolved Re Invoice E0188.Request for Waiver of Interest Charges Denied.Payment Should Include Interest Through Day Payment Made.Transmittal Slips Encl

ML20154D016
Person / Time
Site:	River Bend
Issue date:	02/28/1986
From:	Holloway C NRC OFFICE OF ADMINISTRATION (ADM)
To:	Booker J GULF STATES UTILITIES CO.
References
NUDOCS 8603050466
Download: ML20154D016 (6)

Text

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DISTRIBUTION:

Docket File - u/e-<4 /d )

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w / / ue/s / Y 3 FEB 2 e 1935 LPDR __ w/ f~</'s /v 3 PNorry, ADM d u MSpringer, ADM GJohnson, RM - y w/ f a / /

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LSalander, NRR - aff-<4/r J Docket Nos. 50-458/'459' RSmith, ELD - q c M /y3 EGreher, IE -

CJHolloway, LFMSw/c g s-c/,/

~ </ W/" 3 Gulf States Utilities Company RMDiggs, LFMS -

w/r s//V3 ATTH: Mr. J. E. Booker LFMS Actual M/P File (2) s/E-d /c Manager - Engineering, LFMS Reactor File (2) _ w/f /.//s Nuclear Fuel and Licensing LFMS R/F _ m /h j < /. /r 3 River Bend Nuclear Group P.O. Box 2951 Beaumont, TX 77704 Gentlemen:

This is in response to your letter dated January 10,19%, concerning Invoice No. E0188, dated December 13, 1985, in the amount of $278,860 for the withdrawn River Bend 2 operating license application. You indicated that a review of the license fee documentation which was provided to the law firm of Conner and Wetterhahn on January 8,1986, does not allow you to conclude that the amount billed was appropriately attributed to work expended on River Bend 2. In addition, you state that any mechanism that arbitrarily divides review time between the units after notification of withdrawal of the unit is impemissible and that work specifically shown as applicable to Unit 2 after January 6,1984, must be specifically justified.

We have again reviewed the background data which was provided to your Company in support of the bill and have concluded that the documentation shows that the amount billed is attributable to work expended for River Bend 2.

Enclosure 1 shows the cost detail by program office. Discussions with the Office of Nuclear Reactor Regulation (NRR) staff have confirmed the following:

1) the 891.5 professional staff hours were charged specifically to River Bend 2. Docket 50-459;2) all of the hours were expended prior to calendar year 1984, the date the River Bend 2 application was withdrawn, and 3) the contract costs of $346,941 shown for the period March 25, 1977 to September 30, 1933 are applicable to both units and should be divided equally between those units. The documentation for the remaining contract costs of $49,798 shows that the costs were expended specifically for Unit 2. The documentation also shows that only $15.457 of the billed NRR contractual cost was expended in 1994 (January - $2,589; February - $2,484; Harch - $500; June - $9,865 and October -

$19). The 1984 charges relate to the closecut and documentation of completed reviews. In determining when the NRC completes the necessary tasks (review) to close out the withdrawn application, the NRC uses th:i date the Atomic 8603050466 860220 PDR ADOCK 05000458 P PDR i

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'8 Gulf States Utilities Company 2 FEB 2 01933 Safety and Licensing Board Panel (ASLBP) grants the withdrawal of the application and teminates the proceeding. Since the ASLBP teminated the proceeding on fiovember 20,1984, the $15,457 in NRR contractual costs expended through October 1984 are applicable to the Unit 2 review and have been appropriately assessed.

A review of the professional staff hours (Enclosure 1) relating to the Office of Inspection and Enforcement. Headquarters and the Regicnal Offices shows that all of the hours were specifically charged to the River Bend 2 docket and were expended prior to calendar year 1984, the date the application was withdrawn. The Office of liuclear flaterial Safety and Safeguards (IHSS) staff has confirmed that the 519 hours0.00601 days <br />0.144 hours <br />8.581349e-4 weeks <br />1.974795e-4 months <br /> charged to the River Bend project should be divided equally between the two units because the review dealt with the River Bend contingency plan, the guard training plan, and the security plan, and the review of the three plans applies equally to both units. All of tEiSS review hours were expended prior to the ASLBP dismissal of the case.

1 Based on the above, we have determined that there is no fee issue to be resolved in connection with Invoice No. E0188; therefore, your request I for waiver of the interest charges is denied. Further, the request for l extending the 30-day payment period was not received by the NRC before the expiration of such period on January 13, 1986. As payment on the billed fee was not received within 30 days from the invoice date, interest accrues from December 13, 1985, at the rate of 568.76 per day.

A revised invoice reflecting interest charges through February 28, 1986, is enclosed. Your payment should include interest through the day payment is made. Enclosed for your infomation is a copy of the "HRC Procedures for Extending Payment Dates of License Fee Billings" which addresses disputed bills as well as interest and penalty charges.

Sincerely, pgualc.L m u m y..E.

C. James Holloway, Jr. , Acting Director License Fee Management Staff Office of Administration

Enclosures:

1. Cost Detail by Program Offices

2. NRC Procedures

3. Invoice

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Gulf States Utilities Company Safety and Licensing Board Panel (ASLBP) grants the withdrawal of the application and teminates the pmceeding. Since the ASLBP teminated the proceeding on November 20,1984, the $15.457 in NRR contractual costs expended through October 1984 are applicable to the Unit 2 review and have been appro-priately assessed.

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A review of the professional staff hours (Enclosure 1) relating to the Office of Inspection and Enforcement. Headquarters and the Regional Offices shows that all of the hours were specifically charged to the River Bend 2 docket and were expended prior to calendar year 1984, the date the application was withdrawn. The Office of Nuclear Material Safety,a'nd Safeguards (515S) staff has confirmed that the 519 hours0.00601 days <br />0.144 hours <br />8.581349e-4 weeks <br />1.974795e-4 months <br /> charged to the River Bend project should be divided equally between the two units because the review dealt with the River Bend contingency plan, the guard training plan, and the security plan and the review of the three plans applies equally to both units. All of NMSS review hours were expended prior to the ASLBP dismissal of the case.

Based on the above, we have detemined that there is no fee issue to be resolved in connection with Invoice ~No. E0188; therefore, your request for waiver of the interest charges is^ denied. The fee billed is past due and payment should include interest'through the day payment is made. Enclosed for your infomation is a copy of the "NRC Procedures for Extending Payment Dates of License Fee Billings" which addresses disputed bills as well as interest and penalty charges.

Sincerely.

C. James Holloway, Jr.

Acting Director License Fee Management Staff Office of Administration

Enclosures:

1. Cost Detail by program Offices

2. NRC Procedures DISTRIBUTION:

Docket File RSmith, ELD PDR- EGreher, IE LPDR CJHolloway, LFMS PNorry, ADM RMDiggs, LFMS MSpringer, ADM LFMS Actual Manpower File (2)

GJohnson, RM MRodriguez, RM LFMS Reactor File (2)

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1 l Gulf States Utilities Company Safety and Licensing Board Panel (ASLBP) grants the withdrawal of the application and terminates the proceeding. Since the ASLBP terminated the proceeding on November 20,1984, the $15,457 in NRR contractual costs expended through October 1984 are applicable to the Unit 2 review and have been appro-

! priately assessed.

A review of the professional staff hours (Enclosure 1) relating to the Office of Inspection and Enforcement, Headquarters and the Regional Offices shows that all of the hours were specifically charged to the River Bend 2 docket and were expended prior to calendar year 1984, the date the application was withdrawn. The Office of Nuclear Material Safety and Safeguards (NMSS) staff has confirmed that the 519 hours0.00601 days <br />0.144 hours <br />8.581349e-4 weeks <br />1.974795e-4 months <br /> charged to the River Bend project should be divided equally between the two units because the review dealt with the River Bend contingency plan, the guard training plan, and the security plan and the review of the three plans applies equally to both units. All of NMSS review hours were expended prior to the ASLBP dismissal of the case.

Based on the above, we have determined that there is no fee issue to be resolved in connection with Invoice No. E0188; therefore, your request for waiver of the interest charges is denied. pThe fee M11 d=h pe5t dx ndC 4,ove payment should include interest through the day payment is made. Enclosed for your infonnation is a copy of the "NRC P cedures for Extending Payment Dates of License Fee Billings" which addresse disputed bills as well as interest and penalty charges.

l Sincerely- *N r

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I (M 8 d o Y C. James-Holloway, Jr. / % ,,

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Office of Administration

Enclosures:

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2. NRC Procedures b Silva \CQ w *

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