customer now decides that they do not want to escrow...LE states escrow....investor will now assess non-escrow fee....can I redisclose the LE with the non escrow fee, because if I place the non escrow fee on the closing disclosure without issuing a new LE I now have a tolerance violation

This is a valid changed circumstance so absolutely redisclose, as long as you're still within the three days from the borrower requesting this change.