ML20236P296

Grants Partial Exemption from Annual Fees for FY87 Per 870121 Request.Annual Fee Reduced to 1/3 of Former Costs. Partial Exemption Should Not Be Considered Predictive of Future Exemptions

ML20236P296
Person / Time
Site:	Fort Saint Vrain
Issue date:	08/07/1987
From:	Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Robert Williams PUBLIC SERVICE CO. OF COLORADO
References
NUDOCS 8708120289
Download: ML20236P296 (3)

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'o{ UNITED STATES o NUCLEAR REGULATORY COMMISSION

$ WASHINGTON, D. C. 20555

1. AUG 0 71997 Docket No. 50-267 Public Service Company of Colorado ATTN: Mr. R. O. Williams, Jr.

Vice President, Nuclear Operations P.O. Box 840 Denver, CO 80201-0840 Gentlemen:

By letter dated January 21, 1987, your Company requested a partial exemption from the annual fee requirements of 10 CFR 171 for the Fort St. Vrain Nuclear Generating Station. Specifically, you requested that the annual fee be reduced from $950,000 to $125,000 for 1987 and each year thereafter. In your application you stated that the Fort St. Vrain facility is in the group of the oldest third of the facilities currently licensed, that it is the fourth smallest licensed facility, and that it has a limited capability to produce revenue to offset the fees irrosed by the NRC. Your Company further stated that the Fort St. Vrain facil-ity is unique in that it is a HTGR and that less than 40% of the work-load product funded by the 10 CFR 171 annual fee is directly applicable to the Fort St. Vrain facility.

We have completed our evaluation of your application in accordance with the provision of 10 CFR 171.11 and from this evaluation we have deter-mined that a partial exemption is appropriate for the Fort St. Vrain Nuclear Generating Station. The partial exemption is limited to FY 1987 only and, therefore, is not a permanent exemption from the fee requirements of 10 CFR 171. Our evaluation took into consideration the fact that Fort St. Vrain is unique in that it is the only HTGR licensed and regulated by the NRC and that it is about one-third the average reactor size used in developing the final 10 CFR 171. In addition, we have reviewed the costs of $124 million used in the final Notice of Rulemaking relating to 10 CFR 171 and have determined that $83.6 million (67.3 percent) of the costs apply to Fort St. Vrain, as well as to other types of reactors.

Based on the above, a partial exemption from the annual fees of 10 CFR 171 is hereby granted to your Company for the Fort St. Vrain facility for FY 1987. The annual fee has been reduced from $940,000 to $208,800.

This is based en the fact that only 67.3 percent of the costs is clearly 8700120289 870807 PDR P ADOCK 05000267- pop

Public Service Company of Colorado 2 applicable to the Fort St. Vrain facility. Therefore, the revised fee applying this factor would be 67.3 percent of the $940,000 annual fee or

$632,600. Since your Company has indicated the facility is about one-third the size of the average reactor used in developing 10 CFR 171, the $632,600 is to be further reduced to take this factor into consider-ation. Therefore $632,600 x 33 percent = $208,800. This partial exemption should not be considered predictive of an exemption, if any, which might be granted in the future, if so requested.

Consistent with the requirements of 10 CFR 171.19, your Company paid the first and second quarterly payments of $237,500 each for a total of

$475,000. Since your annual fee has been reduced to $208,800, we are taking the necessary steps to refund $266,200 to your Company. This refund will be made by electronic wire transfer.

If there are questions regarding this matter, centact Mr. Ronald M.

l Scroggins on 301/492-4750.

Sincerely, OrigiM1 Gi@ " W yictoISt0M y Victor Stello, Jr.

Executive Director for Operations

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