ML20198K036

Responds to Concerning Proration & Relief Request Per 10CFR171.17 & 10CFR171.11 Respectively.Licensee Will Be Billed for Fees Under 10CFR170 for Regulatory & Licensing Svcs

ML20198K036
Person / Time
Site:	Big Rock Point File:Consumers Energy icon.png
Issue date:	10/20/1997
From:	Funches J NRC OFFICE OF THE CONTROLLER
To:	Powers K CONSUMERS ENERGY CO. (FORMERLY CONSUMERS POWER CO.)
References
NUDOCS 9710230014
Download: ML20198K036 (1)

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OCT 2 0 C l Consumers Ener9y Company Attn: Mr. Kenneth P. Powers, Site Director and 6 Decommissioning General Mana9er j SI; Rock Point Nuclear Plant 10299 US 31 North Charlevoix, MI 49720 l i

j Deer Mr. Powers:

l am responding to your September 22,1997, letter concoming the proretion and relief request pursuant to 10 CFR 171.17 and 10 CFR 171.11 respectively. You stated that on September 22,1997, a second letter was forwarded to the Commission certifying that the fuel -  :

has been removed from the reactor vessel and placed in the spent fuel pool for store 9e. l That September 22,1997, istter was docketed by the NRC on September 30,1997. For the ,

reasons est forth below, your requesi br proration and relief are denied, j Effective July 28,1997, the NRC amended the proration provisions in 10 CFR 171.17(a) to i

reflect the chan9es in 10 CFR Part 50 relating to the decommissioning of power reactors <

Reactor annual fees will be prorsted based on the requirements of $50.82(a)(2) upon ,;

docketing of the certification for permanent cessation of operations and permanent removal of fuel from the reactor vessel. You stated that Consumers Ener9y Company met this  !

requirement as of September 20,1997, and concluded that the annual fee for Sig Rock Point -l should be prorated on the number of days remaining in fiscal year 1997. l l' i Secause your September 22,1997, letter was docketed on September 30,1997. Lloonse No.

DPR 6 (Docket 50155) was in effect for the entire 1997 fiscal year. Therefore, proration of l the 1997 annual fee is not appropriate. Since Sig Rock Point Nuclear Plant has ceased i i

operation and has commenced decommissioning it is no_lon9er subject to the annual fee l i under 10 CFR 171. However, Consumers Energy Company will continue to be billed for fees i under 10 CFR Part 170 for regulatory and licensing services.  ;

Sincerely, ,

0 % h t w n y la u run ges  ;

1 Jesse L. Funches i Chief Financial Officer pi DISTRIBUTION:

Paul Harris, NRR ,

L.Tromper, OCFO 4

Docket File 50-155

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Nuclear Regulatory Comission Document Control Desk Washington, DC 20555 0001 DOCKET 50 155 - LICENSE DPR 6 - BIG ROCK POIKf PLANT - PR0 RATION AND RELIEF REQUESTPUR$UANTTO10CFR172.17AND10CFR172.11RE5PECTIVELY(ANNUALFEE REQUIREMENTS).

Consumers Energy Company notified the Nuclear Regulatory Comission (NRC) by letters dated June 18, and June 26, 1997, of its intentions to permanently cease operations of the Big Rock Point Nuclear Plant on August 30, 19978 and as certified, the plant has been shutdown. On September 22, 1997, a letter was forwarded to the Comission certifying that the fuel has been removed from the reactor vessel and placed in the spent fuel pool for storage.

Pursuant to 10 CFR 171.17, Proretion, the NRC is proposing to amend paragraph (a) to reflect the changes in 10 CFR Part 50 relating to the decomissioning of power reactors which became effective August 28, 1996. Reactor annual fees wouldbeproratedbasedontherequirementsof50S2(a)(2)upondocketingof the certifications for permanent cessation of operations and permanent removal of fuel from the reactor vessel. Consumers Energy Company has met this requirement as of September 20,1997, at 1756. Therefore, Consumers Energy Company has concluded that the annual fee for Big Rock Point should ba prorated on the basis of the number of days remaining in Fiscal Year 1997 when i

theamendmenttoparagraph(a)isfinalized.

t Furthermore, Consumers Energy Company has concluded that relief from the payment of the annual fee s1ould be granted for the Big Rock Point facility.

This request is based on the fact that Consumers Energy Company has withdrawn operating authority of the Big Rock Point reactor by submitting a certification that all of the fuel has been removed from the reactor vessel, l and that decommissioning activitics will comence. Therefore, in accordance with10CFR171.11(c)(5),anoperatingplantthathastransitionedto decomissioning should no longer be subject to the operating plant annual fee, j However, Consumers Energy Company will continue to pay the fees as described in 10 CFR Part 170 for regulatory and licensing services. /}

f .qg) enneth P Powers Site Director and Decomissioning General Manager g3,kgL1%*MI11

• CC: Administrator, Region Ill, USNRC .

NRC Resident inspector - Big Rock Point Paul Harris, NRR Pro.iect Manaaer -

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