ML20056G647

Responds to Re NRC Assessment of Annual Fees to Kansas State Univ,Manhattan,Ks

ML20056G647
Person / Time
Site:	Kansas State University
Issue date:	08/27/1993
From:	Selin I, The Chairman NRC COMMISSION (OCM)
To:	Dole B SENATE
Shared Package
ML20056G648	List: ML20056G647 ML20056G662 ML20056G665
References
FRN-58FR21662, RULE-PR-170, RULE-PR-171 CCS, NUDOCS 9309070011
Download: ML20056G647 (1)

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[tc,a areg'o UNITED STATER E"'w~ c g NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555

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• % , , , , / August 27, 1993 CHAIRMAN The Honorable Bob Dole United States Senate Washington, D.C. 20510-1601

Dear Senator Dole:

I am responding to your letter of August 10, 1993 regarding the Nuclear Regulatory Comission's assessment of annual fees to Kansas State University, Manhattan, Kansas. As you may be aware, the Comission's need to revisit the generic exemption for non-profit educational institutions such as KSU was occasioned by a March 16, 1993, decision of the U.S. Court of Appeals for the l District of Columbia Circuit. (Allied-Signal, Inc. v. U.S. Nuclear Regulatory

, Comission and the United States of America, No. 91-1407 and Consolidated l Cases).

In response to this court decision and after subsequent consideration of public coments, the Comission reluctantly concluded that it could not justify a generic " educational" exemption for FY 1993. However, KSU and all affected licensees can request individual exemptions. In this regard, the Comission decided that any licensee seeking an individual exemption under the i "public interest" standard would be expected to demonstrate, as part of its showing that exceptional treatment is justified, severe financial hardship resulting from the newly imposed annual fees as well as significant

" externalized benefits," which could include benefits to other NRC licensees.

The Comission expects to publish guidance for licensees regarding the pertinent considerations that should be addressed in exemption requests.

Because this is a change in policy for FY 1993, we have informe6 licensees that if they file an individual exemption request by November 17, 1993, and are unable to pay the fee, no interest or penalties will accrue until 30 days l

after the Comission acts on the exemption request. Universities have appreciated this and other related clarifications, as the enclosed letters demonstrate.

If I can be of further assistance, please let me know.

Sincerely, ,

j d Ivan Selin

Enclosures:

As stated I I

90 011 930827  ? I 170 5BFR21662 pyg '