ML20216F284

Requests That Annual Fee for Fourth Quarter Invoice Be Adjusted to Reflect Proration Provided in 10CFR171.17

ML20216F284
Person / Time
Site:	Maine Yankee
Issue date:	08/11/1997
From:	Hebert J Maine Yankee
To:	NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
Shared Package
ML20216F273	List: ML20216F270 ML20216F284
References
JRH-97-186, MN-97-91, NUDOCS 9709110210
Download: ML20216F284 (2)

Text

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g. RELIABLE ELECTRICITY SINCE 1972 '

p, 329 BATH ROAD e BRUNSWICK, MAINE 04011 e (207) 798-4100 v l August 11,19h 7 //3 .' S . . : 5'

MN-97 91 JRH-97-186 h\

UNITED STATES NUCLEAR REGULATORY COMMISSION .

Attention: Executive Director for Operations Washington, DC 20555

References:

(a) License No. DPR 36 (Docket No. 50-309)

(b) Letter: M. B. Sellman to USNRC; Certifications of Permanent Cessation of Power Operation and That Fuel Has Been Permanently Removed From the Reactor; MN-97-89, dated August 7,1997 (c) Invoice: USNRC to J.R. Hebert; Invoice No:ARO367-97; dated July 28,1997

Subject:

Annual Fee Requirements of10 CFR171 Gentlemen:

In Reference (b), Maine Yankee informed the USNRC that the Board of Directors of Maine Yankee had decided to permanently cease operations at the Maine Yankee Plant and that fuel had been pemianently removed from the reactor. In accordance with 10CFR50.82(a)(2), the certifications in the letter modified the Maine Yankee license to permanently withdraw Maine Yankee's authority '

to operate. As a result, Maine Yankee is only authorized to possess special nuclear material.

Maine Yankee has reviewed the annual fee requirements of 10CFR171 and has concluded that it no longer applies to Maine Yankee. Specifically,10CFR171.3 states the following:

"The regulations in this part apply to any person holding an operating license for a power reactor..."

10CFR171.5 further states:

" Operating license means having a license issued pursuant to 50.57 of this chapter. It does not include licenses that only authorize possession of special nuclear material after the Commission has received a request from the licensee to amend its license to permanently withdraw its authority to operate or the Commission has permanently rewked such authority" Based on the exclusion cited in 10CFR171.5, Maine Yankee will discontinue payment of annual fees as outlined in 10CFR171.15 beginning on August 7,1997, 10CFR171.17 Proration, also states in part:

" Licensees who have requested amendment to withdraw operating authority permanently during the FY will be prorated based on the number of days dur' m g the FY the license was in effect before the possession only license was issued or the license was terminated."

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9709110210 970908 PDR ADOCK 05000309 W PDR

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Mam, eYankee UNITED STATES NUCLEAR REGULATORY COMMISSION MN-97-91 Attention: Executive Director for Operations Page Two Reference (c) transmitted the invoice for the founh quaner payment of the annum fee ($918,500) due August 28,1997. Since Maine Yankee has ceased operation as of August 6,1997, the FY annual fee should be prorated and the fourth quarter fee should be adjusted accordingly. Our calculations indicate a prorated fourth quarter fee of $469,760.

Please reissue our fourth quarter fee invoice with the revised prorated amount.

Very truly yours, e e ames R. Hebert, Manager Regulatory Affairs Department c: Document Control Desk Mr. H. J. Miller Mr. D. H. Dorman Mr. J. T. Yerokun Mr. Clough Toppan Mr. Patrick J. Dostic Mr. Uldis Vanags