ML20212N000

Forwards,For Use,Exemption Ltrs for Listed Facilities, Pending Commission Approval of 861208 Paper Recommending Partial Exemption from 10CFR171.Svc Lists & Suggested Distribution Also Encl,Per Telcon W/Ofc of General Counsel

ML20212N000
Person / Time
Site:	Yankee Rowe, La Crosse, Big Rock Point, 05000000
Issue date:	03/09/1987
From:	Rotella T Office of Nuclear Reactor Regulation
To:	Holloway C NRC OFFICE OF RESOURCE MANAGEMENT (ORM)
References
NUDOCS 8703120305
Download: ML20212N000 (17)

Text

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l March 9, 1987 l ,

Docket Nos. . 50-155/409/029 C. James Holloway, Chief MEMORANDUM FOR:

License Fee Management' Branch, RM THRU:' Rajender Auluck, Acting Director BWR Project Directorate #1 Division of BWR Licensing

FROM

Thomas S. Rotella, Project Manager

,. BWR Project Directorate #1 Division of BWR Licensing i

SUBJECT:

EXEMPTIONS TO 10 CFR 171 FOR BIG ROCK POINT, LA CROSSE, AND YANKEE By memorandum dated December 8,1986 our staff provided you"with a Comission Paper supporting the partial exemption requests regarding 10 CFR 171 for the -

Big Rock Point, Lacrosse, and Yankee BWR's. Assuming Comission approval of the Commission Paper, our staff has prepared, for your use, the exemption .

letters for the Big Rock Point, Lacrosse and Yankee. plants. The exemption letters have been included as' attachments.

Per telephone conversation with a member of the Office of the General Counsel, the exemptions to 10 CFR 171 should be issued by your Office; therefore, enclosed are the original documents, service lists, and suggested distribution. Upon receipt of this memorandum, please contact Jeannie Griffin on Ext. 27595 and she will comunicate these documents to your staff.--

If you should have any questions regarding the information presented above-or the attached exemptions, please contact me on Ext. 29413.

Original signed by Thomas S. Rotella, Project Manager BWR Project Directorate #1 Division of BWR Licensing cc w/ enclosures: DISTRIBUTION:

,- C. Hinson ,DoctetJuss R. Bevan BWD#1 Reading E. McKenna CJamerson R. Scroggins, OGC TRotella R. Smith, OGC RAuluck

$ BRP file cc w/o enclosures: La Crosse file T. Rotella R. Bernero J. lwolinski G. Lear G. Joi ason DBL:BWD#1I DBL:BWD# DBL:BWD#1 CJamersor( [ TRote11a:ac PAuluck 3/%/87. 3/ '/ /87 /q/87 070'3120305 8703o9 PDR ADOCK 05000029 k PDR _ _ _ _ _

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'5 4,,,,,/ March 9, 1987 Docket Ecs. 50-155/409/079 MEMORANDUM FOR: C. James Holloway, Chief License Fee Management Branch, RM THRU: ai uluck, Acting Director Project Directorate #1 Division of BWR Licensino FROM: Thenas S. Rotella, Pro.iect Manager BWR Project Directorate #1 Division of BWR Licensino

SUBJECT:

EXEMPTIONS TO 10 CFR 171 FOR BIG ROCK POINT, LA CROSSE, AND YANKEE By nemorandum dated December 8, 1986 our staff provided you with a Commission Paper supporting the partial exemption requests regarding 10 CFR 171 for the Big Rock Point, Lacrosse, and Yankee RWR's. Assuming Commission approval of the Commission Paper, our staff has prepared, for your use, the exemption letters for the Big Rock Point, Iacrosse and Yankee plants. The exemption letters have been included as attachments.

Per telephone conversation with a member of the Office of the General Counsel, the exemptions to 10 CFR 171 should be issued by your Office; therefore, enclosed are the original documents, service lists, and suggested distribution, ifpon receipt of this memorandum, please contact Jeannie Griffin on Ext. 27595 and she will communicate these documents to your staff.

If you should have any questions regarding the information presented above or the attached exemptions, please contact me on Ext. 29413.

& . M'.2ll -

Thomas S. Rotella, Project Manager BWR Pro.iect Directorate #1 Division of BWR Licensing cc w/ enclosures:

C. Hinson R. Bevan E. McKenna R. Scroggins, 0GC R. Smith, OCC cc w/o enclosures:

T. P,otella R. Bernero J. Zwolinski G. Lear G. Johnson

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.#pm%f'o. UNITED STATES e-  !" f[g c^ NUCLEAR REGULATORY COMMISSION 3

r,i WASHINGTON, D. C. 20555

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locket No. 50-155 Mr. Kenneth W. Berry Pirector, Nuclear Licensing Consurers Power Compeny 1945 Kest Parnall Road Jackscr., Fichigan 49201

Dear Fr. Berry:

SL'BJECT: .PAFilAL EXEMPTION FROM 10 CFR PART 171, ANNUAL FEE FOR NUCLEAR POWER REACTOR OPERATING LICENSES Re: Big Rock Point Plant 10 CFR Part 171 was promulgated on September 18, 1986 (51 FR 33224). This rule required that.each licensed owner for a power reactor' holding an operatirg license pay an annual fee. For FY 87, this fee was set at $950,000 per license, payable in cuarterly installments. The rule also contained a provision (171.11) which stated that the Commission could grant, upon application, an exemption in part from the annual fee, taking into consideration the follcwino.

factors:

a. Age of the reactor,

b. Size of the reactor.

c. Number of customers in the base.

d. Net increase in Kwh cost for each customer directly related to the annual fee assessed,

e. Any other relevant matter which the licensee believes justifies the reduction of the annual fee.

By letter dated November 7, 1986, you submitted an application for exemption, in part, from the requirerrents of 10 CFR Part 171 for payment of the annual fee of $950,000. Among other things, your application noted that Big Rock Point is one of the oldest, smallest power reactors in the country. You also stated that the impact of the annual fee on power production costs is substantially greater than for larger reactors. Finally, your letter notee other factors concerning the uniqueness of your plant situation regarding this rule. After evaluating the matters presented by you in terms of the above cited factors, the staff concludes that the criteria established in Part 171.11 are met for your facility and therefore that a partial exemption in the form of a reduction in the fee should be granted.

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"Accordingly, the sta'ff has determined that a fee' based on the plantL therral power rating is the most equitable-approach to develop a fee' adjustment-for.

ycur plant.' .For FY.1987 the arnual fee for Big Rock'Peint is adjusted to

$84,000. . Yourt-first quarterly payment of $237,500 as required ^under 10 CFR

- Part'171.has;already been received.- A' refund o' the balarce will be sent to-ycu under separate cover.

Sincerely, t

Victor Stello, Jr.

Executive Director-for Operations

-cc': See Next Page' ,

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Mr. Kennett V.~ Berry Consumers Power Company Pig Pock Point Piant cc:

Mr. Thomas A.' McNish, Secretary Cer!uners Power Cct;pany 21? West. Michigan Avenue

.lackson, Michigan 49?01' iudd l L. Pacon, Esquire Consur'ers Tower Company 21? West Michigan Aver.ue Jackson, MicH gan 49201 Big Rock Point Plant ATTN: Mr. David P. Hoffman Plant Superintendent 10269 U.S. ?' torth Charlevoix, Michigan 49720 Mr. Bud Heeres Courty Commissioner 303.Sheridan Charlevoix, Michioan 49720 Offica e' the Governor Room 1 - Capitol Building Larsing, Michigan 48913 Regional Administrator Nuclear Regulatory Comn.ission, pepien Ill 799 Roosevelt Road Glen Ellyn, Illinois 60137 Nuclear Facilities and Environner.+el Monitoring Section Office Division of P.adiological Haalth P. O. Ev;: '0035 Lurina, Michigan 48909 U.S. Nuclear Regulatory Commission Resident Inspector Of# ice l Big Rock Point Plant 10255 L.S. 31 North Charlevoix, Michigan. 49720

Distribution for letter. regarding Partial Fyerrotion from 10 CFR Part 171 dated:

' Facility: Pia Rock Point Plant (50-155)

Docket File NRC PDP Local PPP PVD1 Pdg..

VStello HDenton RVollmer JFunches LSolander RBernero JZwolinski-TPotella RPevan l CJamerson CHolloway JRoe PNorry PRird PRowe RScroaoins LHiller GJohnson WCPothschild RFonner RSmith, OGC HThomoson Glear EMcKenna RDiggs OPA, CW.iles TParnhart (di PRP file

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Docket-No. 50-409 Mr. ' James W. Taylor General Manager Dairyland Power Cooperative P. O. Box 817 2615 East Avenue South -

Lacrosse, Wisconsin 54602

SUBJECT:

PARTIAL EXEMPTION FROM 10 CFR PART 171, ANNUAL FEE FOR NUCLEAR POWER REACTOR OPERATING LICENSES Re: Lacrosse Boiling Water Reactor (LACBWR)

' 10 CFR Part 171 was promulgated on September 18, 1986.(51 FR 33224). This rule licenserequired that eachfee.

pay an-annual licensed owner for a power reactor holding an operating For FY 87, this fee was set at $950,000 per license, payable in quarterly installments. The rule also contained a provision (171.11) which stated that the Commission could grant, upon. application, an exemption factors: in part from the annual fee, taking into consideration the following

a. Age of the reactor.

b. Size of the reactor,

c. Number of customers in the base.

d. Net increase in Kwh cost for each customer directly related to the annual fee assessed.

e.

Any other relevant matter which the licensee believes justifies the reduction of the annual fee.

By. letter dated October 28, 1986, you submitted an application for exemption, in part, from the requirements of 10 CFR Part 171 for payment of the annual fee of $950,000. Among other things, your application noted that LACBWR is one of the oldest, smallest power reactors in the country. You also stated that the impact of the annual fee on power production costs is substantially greater than for larger reactors. Finally, your letter noted other factors concerning the uniqueness of your plant situation regarding this rule. After evaluating the matters presented by you in terms of the above cited factors, the staff concludes that the criteria established in Part 171.11 are met for your facility and that a partial exemption in the form of a reduction in the fee should be granted.

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Accordingly, the staff has determinet' that a fee based on the plant thermal power rating is the most equitable approach.to develop a fee adjustment for your plant. For FY 1987, the annual fee for LACBWR is adjusted to $58,000.

Your first quarterly payment of $237,000, Das required under 10 CFR Part 171, has already been received. A' refund of the' balance will be sent to you under separate cover.

Sincerely, ,

Victor Stello, Jr.

Executive Director for Operations cc: See next page 4

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Mr. James v.. Taylor Dairyland Power Cooperative la Crosse Bei'ing Water Peactor cc:

Fritz Schubert, Escuire Mr. Lanning Smith, Chief Engineer Staff Attorney. .

Wisconsin Public Service Commissien Dairyland Power Cooperative Post Office Pcx 7854 2615 East Avenue South Madiser, Wisconsir 53707 JLa Crosse, Wisconsin 54601 Vr. Kevin P. Gallen Newman & Holtzinger, P.C.

1615 L Street, NW Washington, D.C. 2003E Mr. John Parkyn, Plant Manager La Crosse Boiling Water Reactor Dairyland Power Cooperative P. O. Box 275 Genca, Wisconsin 54632 U.S. Nuclear Regulatory Commission Resident Inspectors Office Pural Route #1, Box 276 Genoa, Wisconsin- 54632 Town Chairman Town of Genoa Route 1 Gence, Wisconsin 5463?

Chairman, Public Service Commission of 1,'isconsir.

!, bill Farms State Office Building Madison, Wisconsin 53707 Regional Administrator, Region III U.S. Nuclear Regulatory Commission 799 Roosevelt Road Glen Ellyn, Illinois 60137

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?.; 1 Distribution .for letter regardina Dartial Exemotion from in CFP Part 171 dated:

Facility: La Crosse Doilinc Pater Peactor (50 4091 Docket File.

• lDC PDP

-Local PDD-RWD1 Rdg.

VStelle PDenton PVollmer JFunches

,1.501 a nder PPernero

- .1Zwolir.sti TPotel,la PPevan C.1amerson-CWolloway 1 Doe PHorry PPird PDowe

-RScroggins LFiller G.?ohnson NCDothschild RFonner DSmith, OGC HThompson-Glear EMcVenna PDiggs OPA, CMiles TBarnhart (di La Crosse file i

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Eccket fc. E0-029 Pr. Armanc R. Soucy, Treasurer and Chief Financial Office Yankee Atomic Electric Compeny 1671 ktreester Foad Framinghan., FA 01701 Pear Mr. Soucy:

SUBJECT:

PARTIAL EXEP.PTION FROM 10 CFR PART 171, ANNUAL FEE F0P NUCLEAR POKER REACT 0F OPERATING LICENSES be: Yankee Nuclear Power Station Cr September 18, 1986, 10 CFR Part 171 was promulgated (51 FP 33224). This rule recuired that each licensec owner for a power reactcr holding ar. cperatire license pay an annual fee. For FY 1987, this fee was set at $950,000 per' license, payable in quarterly _installtents. The rule also: contained a provision (171.11) which stated that the Commission could grant, upon application, an exemption in part from the annual fee, taking into consideration the following factors:

a. Age of the reactor,

b. Size of the reactor.

c. Number of customers in the base.

d. Net increase in Kwh cost for each custoner directly related to the annual fee assessed.

e. Any other relevar.t matter which the licensee believes justifies the reduction of the annual fee.

By letter dated October 21, 1986, you submitted an application for exemption, in part, from the requirements of 10 CFR Part 171 for paytrent of the annual fee of $950,000. Among other things, your application noted that Yankee is cne of the oldest, smallest power reactors in the country. Ycu also stated that the impact of the annual fee on pcwer production costs is substantially greater than for larger reactors. Finally, ycur letter noted other factors concerning the uniqueness of your plant situation regarding this rule. After evaluating the matters presented by you in terms of the above cited factors, the staff cor.cludes that the criteria established in Part 171.11 are met for ycht facility and, therefore, that a partial exemption in the form of a recuttion in the fee should be granted.

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-7 Cersidering the information provideo in your application, the staff has determir:ed that for FY 1987 the annual fee for Yankee should be adjusted to S188,000. that is 20% of the full arreal fee. Your first cuarterly paynert of

$237,500 as rcouired uncer 10 CFR Part 171 has already been received. A refund of the t,alance will be sent to you under separate cover .

Sir,cerely, Victor Stello, Jr.

Executive Director for Operations cc's: See Next Ptge

. Mr. George Papanic, Jr.

Yankee Atomic Electric Company Yankee Nuclear Power Station cc:

Mr. James E. Tribble, President Yankee Atomic Electric Company 1671 Worcester Road Framingham, Massachusetts 01701 ,

Thomas Dignan, Esquire Ropes and Gray 225 Franklin Street Boston, Massachusetts 02110 Mr. N. N. St. Laurent Plant Superintendent Yankee Atomic Electric Company Star Route Rowe, Massachusetts 01367 Chairman Board of Selectmen Town of Rowe Rowe, Massachusetts 01367 Resident Inspector Yankee Nuclear Power Station c/o U.S. NRC Post Office Box 28 Monroe Bridge, Massachusetts 01350 Regional Administrator, Region I U.S. Nuclear Regulatory Commission 631 Park Avenue King of Prussia, Pennsylvania 19406 Robert M. Hallisey, Direct'or Radiation Control Program Massachusetts Department of Public Health 150 Tremont Street, 7th Floor Boston, Massachusetts 02111

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-DISTRIBUTION:

' CJFolloway

-VStello, EDO. ,

JRoe, EDO _ l

.PNorry, ADM 'l FEird, ADM- _

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'FRowe, ADM '

PScroggins, FJ6 .

LHiller, RM '

GJchnson,_RF

WCParler, GC

~TRothschild, OGC.

FFonner,-0GC  ;

lRSmith,OGC. '

HDenton, NPR JFunches,_NRR LSolander, NRR

'HThompson, NRR Glear, PAD #1 EMcKenna, PADel.

'JZwolinski, BWD1 RDiggs,LFMS-(3)

RVollmer, NRR RBernero,.BWP FMiraglia, PWRB Docket files

PAD #1 r/f~

PDR-LPDR TBarnhart(4)-

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