ML19208A979

Submits Addl Fee for Class III Application for Amend of License DPR-40 Under Protest.Amend Is Class II & Does Not Involve Environ Review Considerations

ML19208A979
Person / Time
Site:	Fort Calhoun
Issue date:	09/12/1979
From:	William Jones OMAHA PUBLIC POWER DISTRICT
To:	Diggs R NRC OFFICE OF ADMINISTRATION (ADM)
References
NUDOCS 7909180378
Download: ML19208A979 (1)

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Omaha Public Power District 1623 MARNEY t OMAHA, NEBRASKA 68102 TELEPHONE 536 4000 AREA CODE 402 September 12, 1979 Ms. Reba M. Diggs Facilities Program Coordinator License Fee Management 3 ranch Office of Administration U. S. :iuclear Regulatory Co==ission Washington D. C. 20555

Dear Ms. Jiggs:

C=aha Public Pcwer District filed an " Application for Atendment of Operating License", dated May h,1979, with the U. S. Nuclear Regulatory Cc==issica requesting deletion of non-radiological monitor-ing requirements from Appendix 3 of the Technical Specifications for Fort Calhoun Unit No. 1 License No. DPR-k0. Si:.ce the Application involved caly an ad=inistrative correction by the Cc==ission in res-pense to the decision in Yellcw Creek, the Applicatien was deemed not to have any safety or environ = ental significance. Accordingly, a fee of $1,200 was enclesed. On August 1,1979, in respcase to a request frc= the Staff of the Cc==ission, the District sent a discussien of the environmental aspects of the proposed Amendment to the Co==ission, although the District continued to maintain its position that the A=endment requested relied upon a deter =ined issue of lav not in-volving environ = ental review considerations.

In a letter to the District, dated August ik,1979, you re-quested a further pay =ent of $2,800 since the Amendment was being reclassified as a Class III Amend =ent pursuant to 10 C.F.R. 5 170.22 since it involves " consideration of an environmental issue". To avoid further delay in review of the Application, the District is submitting a check for $2,800 under protest. The District continues to assert that this Amendment is a Class Il A=end=ent which does not involve environ = ental, safety or other 19 sues for Cc==ission review.

It seeks merely to i=plement the Yello. gt decision by deleting provisions based on an invalid asser' a . of N==ission jurisdicticn.

• ' rely.

W. C. Jones Division Manager Production Operations WCJ/KJM/3JH:J==

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cc: 23ceuf, Lamb, Leiby & MacRae ND1.oL[J'Q b $

Q 1333 New Ha=pshire Avenue , N. W.

Washingtcn , D. C. 20036

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