ML20325A134

Letter Disputing to Make Payment for Services That Are Not or Poorly Rendered

ML20325A134
Person / Time
Site:	Aerotest
Issue date:	11/10/2020
From:	Slaughter D Aerotest
To:	Clay Johnson Office of Nuclear Reactor Regulation, NRC/OCFO
References
L353460590
Download: ML20325A134 (2)

Text

AEROTEST OPERATIONS, INC.

3455 FOSTORIA WAY

• SAN RAMON, CA 94583 * (925) 866-1212

• FAX (925) 866-1716 November 10, 2020 Cherish K Johnson U.S. Nuclear Regulatory Commission Office of the Chief Financial Officer Division of the Comptroller Labor Administration and Fee Billing Branch Mail Stop T9 850 Washington, DC 20555-0001 Docket: 50-228; Invoice LFB-1849 $24,047.00; October 23, 2020 Letter from Cherish K Johnson, CFO, ML20267Al41 September 16, 2020 from David M Slaughter; ML20212L739 August 31, 2020 letter from Cherish K Johnson, CFO, ML20188A223 March 30, 2020 letter to Cherish K Johnson, CFO; ML20073El43 March 13, 2020 letter regarding fees assed from Cherish K Johnson, CFO; May 1, 2019 letter disputing fees from Aerotest Operations to Maureen E. Wylie, CFO; MLl 9079A245 Letter Dispute of Fees from Maureen E. Wylie, CFO; ML19030A581 January 22, 2019 Letter Dispute of Fees to Maureen E. Wylie, CFO; MLI 9065A048 February 28, 2019 Dispute of Fees to Maureen E. Wylie Treasury Case Number: L353460590; Agency Debt Number:20-1849

Dear Ms. Johnson,

In your letter dated October 23, 2020 you said that your decision on our dispute of Invoice LFB 20-1849 dated 1/15/20 is.finial. You said the charges were valid because the NRC employees did actually preform work on the project. I appreciate your assessment; however, I also have a right to independently assess the correctness of the bill. This request may appear insignificant given your other duties. But I assure you that I am equally frustrated with having to make payments for services that are not or poorly rendered.

I am disputing the need of the time the NRC staff spent on the project. Given the fact that we spent more than 3 of the 4 hours4.62963e-5 days <br />0.00111 hours <br />6.613757e-6 weeks <br />1.522e-6 months <br /> of their audit in our conference room. It appears NRC staff did not perform their research on the information about our reactor before they came. They did not even have a reasonable understanding of the licensee status of current and/or historical documents (i.e., inspection reports, security plans, etc.). While I appreciate the complexity and stiffness of Adams, it is NRC's document storage and retrieval system and any complaints concerning it antiquated nature by NRC staff are not appreciated. Nor being told from the visiting NRC staff that they were unable to find NRC employees that have an understanding of the licensee's site. The NRC staff failed to mention key concerns during the site visit. This is especially troubling when we were told that the onsite audit would focus and reduce the need for RAis, thus, expedite the processing of the LAR. To my surprise some of the information that should have been requested during the audit, shows up in the audit report as a RAI's. The fuel condition and status have been well documented by prior NRC employees costing us $58.524.00, and is available on Adams. There was no need for the NRC employees to redo, re-analyze or re-evaluate the information and recharge us for work that had not changed because we have been shut down and nothing had changed since the information was first obtained by the NRC.

In 31 USC 9701 Fees and charges for government services it states

"(a) It is the sense of Congress that each service or thing of value provided by an agency (except a mixed-ownership Government corporation) to a person (except a person on official business of the United States Government) is to be self-sustainmg to the extent possible.

(b )The head of each agency ( except a mixed-ownership Government corporation) may prescribe /L /} ZD regulations establishing the charge for a service or thing of value provided by the agency. Regulations ;,--

///.

prescribed by the heads of executive agencies are subject to policies prescribed by the President and shall be as unifom1 as practicable. Each charge shall be-(1) fair; and (2) based on-(A) the costs to the Government; (B) the value of the service or thing to the recipient; (C) public policy or interest served; and (D) other relevant facts.

I fill it is unfair and brings no value to me the recipient, be charged for duplicate work that was not needed just because a NRC employee didn't take the time to review pervious information that already exists on file with the NRC.

If your decision is still final, we would like to appeal your decision to the next level. It wasn't clear what the appeal process was as in 10 CFR 170.51 Appeal of fees referenced 10 CFR 15.31 but it didn't discuss the appeal process.

If you need any further information, please do not hesitate to contact me at dmsraven@gmail.com or (801) 631-5919.

I declare under the penalty of perjury that the statements made in the letter and enclosures are correct and truthful to the best of my knowledge.

R~ectfully,_

l,L-------

David M Slaughter, PhD President, Reactor Administrator, General Manager and Manager Distribution:

U.S. Nuclear Regulatory Commission White Flint North 11555 Rockville Pike Rockville, MD 20852-2738 U.S. Nuclear Regulatory Commission Office of the Inspector General Mail Stop o5-E 13 11555 Rockville Pike Rockville, MD 20852-2738 Edward Helvenston (E-Mailed)

White Flint North 11555 Rockville Pike Rockville, MD 20852-2738 Department of the Treasury Bureau of Fiscal Service PO Box 830794 Birmingham, AL 35283-0794