ML20134C509

Responds to 850322 Request for Supporting Documentation for Bill D0162 Re Fee for Review of OL Application.Internal Verification Procedure Indicates That Certain Contractual Costs Not Included in Bill.W/O Stated Encl

ML20134C509
Person / Time
Site:	Clinton
Issue date:	08/06/1985
From:	Miller W NRC OFFICE OF ADMINISTRATION (ADM)
To:	Spargenberg F ILLINOIS POWER CO.
References
CON-FIN-A-0422, CON-FIN-A-1301, CON-FIN-A-1308, CON-FIN-A-2218, CON-FIN-A-3389, CON-FIN-A-422, CON-FIN-B-5190 NUDOCS 8508160335
Download: ML20134C509 (2)

Text

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g. .9 AUG 6 1985 Docket No. 50-461 4 i Illinois Power Company ATTH: ~ Mr. Frank A. Spangenberg Director - Nuclear Licensing -

and Configuration P.O. Box 678 '

4 Clinton Illinois 61727

Dear Mr. Spangenberg:

By your letter dated March 22, 1985, you paid $2,754,095 for Bill No.

l D0162 which was.the fee for the review of the application for operating

, license for Clinton Unit No.1. In addition, you requested supporting documentation for the bill.

We are enclosing the supporting documentation you requested; however, we i- wish to point out that our internal verification procedure indicates that l certain contractual costs were not included in Bill No. 00162 for Clinton

No.1 or in Bill No. A0178 (dated April 9,1982) for the indefinitely j i postponed Clinton Unit No. 2. These costs are associated with FINS A1301,

'A0422. A1308 A3389, A2218, and B5190. At such time as this matter is resolved, we will contact you and issue another bill if warranted.

[ Your letter stated that the NRC made retroactive application of the L

June 20,1984, revised fee schedule in billing for.the review services. .

The NRC's position on when a fee is fixed has not. changed. Thus, for i operating license applications filed before June 20, 1984, the require-  ;

ments for applicability of the June 20, 1984 schedule remains the same.

• i Just as with the 1978 fee schedule, the fee due is that fee in the ,

schedule legally in effect in Part 170 at the tisse'the full fee'becomes  !

payable. In the Statement of Considerations to the 1978 rule, the commission made its position clear as to the fee due with the statement. .l "In the case of Part 50 construction permits, manufacturing licenses and

. operating licenses, where the pemit or license review is completed after the effective date of this amendment to Part 170, the revised l

- schedule shall apply." . The Court approved the 1978 rule in Mississippi  ;

Power and Light v. U.S. Nuclear Regulatory Commission. The position was- 1 ratified again in New England Power v. U.S. Nuclear Regulatory Coseitssion where the Court allowed a new rule charging a fee for withdrawn applications to be applied to applications withdrawn after the effective date of the rule, regardless of when the application was filed. Thus, for both license fees and fees for withdrawn applications, the controlling cases

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85081 0335 850006 I PDR omc. , ADOCK 05000441

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OATEM unc resu ns no4omacy ono .OFFICI AL' RECORD . COPY ,

Illinois Power Company 2 establish that the fee to be charged is the fee in the rule in effect at the time the license is issued or the application is withdrawn, postponed, suspended, etc. The right of the Government to collect the full fee and the obligation of the applicant co pay are finally fixed at that time and not before.

If you wish to meet with the License Fee Management Branch after you have reviewed the enclosed doctsaentation or if you have questions, please contact me. Enclosed for information purposes is a copy of HRC Procedures For Extending Payaent Dates of License Fee Billings. We regret the delay in responding to your letter.

Sincerely.

Originel Signed by Wm. o, Miller William 0. Hiller, Chief License Fee Management Branch Office of Administration

Enclosures:

1. Supporting Docisnentation

2. Procedures DISTRIBUTION w/o encis:

PGNorry, ADM MSpringer, ADM LSolander, NRR JBlaha, IE RBrown, NMSS ANewsom, ACRS RFonner, ELD RSmith, ELD RRakowski, RM/A MRodriguez, RM/A PDM LPDR Actual Manpower File - w/encls.

BSiegel, LB-2 EHylton, LB-2 RMDiggs CJHolloway LFMB Reactor File LFMB R/F

[ Regulatory Docket File

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NRC FORM 318 (10 80) NRCM 024 OFFIClh RECORD COPY