ML20057A859

Advises That Commission,W/All Commissioners Agreeing,Has Agreed to Grant Petition for Reconsideration of Annual Fee Rule

ML20057A859
Person / Time
Issue date:	09/13/1993
From:	Chilk S NRC OFFICE OF THE SECRETARY (SECY)
To:	Malsch M NRC OFFICE OF THE GENERAL COUNSEL (OGC)
References
FRN-58FR21662, REF-10CFR9.7 COMIS-93-043, COMIS-93-43, NUDOCS 9309160085
Download: ML20057A859 (2)

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v1 NUCLEAR REGULATORY COMMISSION 4

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' ASHINGT ON D C 20%5 e M e-t e r

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MEMORANDUM TO:

Martin G.

Malsch j

Deputy General Counsel yq l

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FROM:

Samuel J.

Chilk, Secreta

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SUBJ ECT:

COMSECY-93-043 - PETITION FOR RECONSIDERATION OF ANNUAL FEE RULE

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The Commission (with all Commissioners agreeing) has agreed to grant the petition for reconsideration of the Annual Fee Rule submitted by Cornell and eleven other universities en July 30, l

1993.

The staf f should prepare a Federal P'gister Notice for l

Commission approval which publishes the pt icn and the Commission's decision to reconsider the An.

Fee Rule and i

requests comments on a draft rule.

In evalu ting support for a l

4 generic non-profit educational exemption, major consideration l

should be given to the externalized benefits from educational uses in the broadest sense.

The additional views of Commissioner Rogers are attached.

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(SECY Suspense:

10fB/93)

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It should be noted that this decision by the Commissicn may j

reverse or make moot certain parts of the staf f requirements i

T.emoranda on COMSECY-93-033 - REMANDED ISSUES CONTAINED IN FISCAL i

YEARS 1991-1993 ANNUAL FEE RULES and COMGD-93-005/CCMFR-93-004 -

DEVELOPMENT OF CRITERIA FOR PUBLIC INTEREST EXEMPTICNS FROM THE s

1993 FEE RULE.

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The Chairman Commissioner Rogers r

Commissioner Remick Commissioner de Planque EDO i

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I 9309160095 9 T913 PDR ORG NRCGC

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': r:ssioner Rogers' Addit::nal Jiews on CCMSECY Mme.

n issessinc cho "xtern22 cene!it: Of niversiti ~r: rans it nortant to 2nderctana :nc relan cn ret.;een ecuct:.r 2na

c.2 r rn in. n s t ;. t u t i :n s 2:.;cner learning.

Any university with gracuate level (post bachelcr : negree) degree programs in the sciences or engineering must hace research activities and appropriate researen facilities.

It ;I ;sually not possible to draw a ceaningful distinction between research activities involving faculty, post doctorals, and/or gracuate and undergraduate students on the one hand and education en the other hand.

Graduate education must involve research, and high quality graduate education requires high quality research programs in which students learn professional practice.

Just as a

coical school cannot educate medical practitioners n:hout reacy access to patients thrcuan a hospital, other nn:: ci tecnnical and scientif4.c graduate programs require researen prcgrams in whicn students must participate.

Fortunately society benefits in two ways from these prcgrams:

it receives the well educated professionals wno gracuate from the programs and it receives the results :f the research programs.

Even in essentially undergraduate level institutions that have no significant graduate degree

rograms, research is important for maintaining the quality of tne faculty and for introducing undergraduates to professional practice.

While perhaps not quite so significant as the researcn in a graduate level institution, research in undergraduate institutions carries the same double external benefits to society in graduate universities.

as It is precisely because of the multiple benefits to society by institutions of higher learning, e.g.

the producticn of well educated graduates and the fruits of the scholarship f the faculty members, that our society has accorded such institutions exe=ptions from nost forms of taxation.

Only when tctally ancillary activities, with no educational components, are owned by 2n institution ci higher learning and used simply t: generate incese have these activities been singled out for taxation. An example of this situation is the ownership and operat;:n of the ueller Macaroni cc=pany by New York University on wni:n the v

un;zersity pays the usual federal, state and local taxes.

Because it is virtually impossible for universit; W in rtrators, wno know their :nstitutions intimatel to draw a clear.ine of separation between researcn and educati:r, it most accuredly would be impcssible for the NRC to do so.

Narefore I ic net encourace the staff to attempt to do this in ;t:

ev3.Jation cf the extcrnal renefits to society of uni;2rsity cr arams.

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