[ RadSafe ] NRC Licensing Fees - Administrative Error

[Syd H. Levine]

I would argue any such collection effort is at least partially barred by the 
Statue of Limitations.  I am not sure what the SOL is on NRC enforcement 
actions, but it is probably in the area of five years.  What you might do is 
call them and offer to compromise, pointing out that they cannot prevail in 
court on the part of the claim that is barred by the SOL.  In general, the 
government is not barred from proceeding due to previous mistake, but they 
are limited by any constraing law like the SOL.  I can tell you from 
personal experience that federal judges seldom listen to estoppel arguments 
when it comes to stupid government mistakes (stated simply, estoppel is the 
notion that if you let somebody do something for a long time, you are 
prevented or barred (estopped) from later claiming in court that they should 
not have done it).

Syd H. Levine
AnaLog Services, Inc.
Phone:  270-276-5671
Telefax:  270-276-5588
E-mail:  analog at logwell.com
URL:  www.logwell.com

----- Original Message ----- 
From: "Bill Rowan" <browan at self-powered.com>
To: <radsafe at radlab.nl>
Sent: Monday, January 16, 2006 9:52 AM
Subject: [ RadSafe ] NRC Licensing Fees - Administrative Error


> Has anybody been the subject of the NRC's administrative error in the
> billing history of licensees?
>
> We have just received 12 years worth of licensing fees that were never
> billed due to an "Administrative Error" within the NRC.
>
> Has anybody successfully appealed this NRC oversight or have any
> suggestions?
>
> Bill Rowan
>
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