ML20057F072

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Responds to to Secretary Re Annual Fees Recently Assessed to Nonprofit Educational Institutions.Forwards Notice Informing Institutions That Payments of Fees May Be Deferred Upon Filing Exemption Requests by 931117
ML20057F072
Person / Time
Issue date: 08/23/1993
From: Taylor J
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Voth M
PENNSYLVANIA STATE UNIV., UNIVERSITY PARK, PA
References
FRN-58FR21662, RULE-PR-170, RULE-PR-171 NUDOCS 9310140085
Download: ML20057F072 (3)


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NUCLEAR REGULATORY COMMISSION g

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wassiscion, o.c. aosss-oooi August 23, 1993 T3 c:

National Organization of Test, Research and Training Reactors ATTN:

Dr. Marcus Voth Breazeale Reactor Building Penn State University University Park, PA 16802 Gentlemen:

I am responding to your letter dated August 5, 1993, to the Secretary concerning the annual fees recently assessed to nonprofit educational institutions.

On August 6, 1993, the NRC sent the enclosed notice to all nonprofit educational institutions informing them that if they file exemption requests by November 17, 1993, payment of the annual fees can be deferred until the Commission acts upon the request.

No interest or penalties will accrue until 30 days after the Commission acts on the exemption request.

The FY 1993 annual fees can also be paid in installments subject to agency approval and demonstrated need on the part of the requesting licensee.

And like all other licensees, affected nonprofit education licensees can request individual exemptions under 10 CFR 171.11.

In this regard, the Commission decided that any licensee seeking an individual exemption under the "public interest" standard in S 171.11(b) would be expected, as part of its showing that exceptional treatment is justified, to demonstrate 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 Commission expects to approve guidance shortly that will be provided to licensees regarding the pertinent considerations that should be addressed in exemption requests.

Your letter requests that the final fee schedule published by the NRC on July 20, 1993, be promptly abandoned.

In this regard, two petitions for reconsideration of the final rule have been filed with the NRC.

These petitions are under consideration by the Commission.

Until such time as the Commission acts on these requests for reconsideration, nonprofit educational institutions 9310140085 930823 PDR PR 170 58FR21662 PDR

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2 should follow the options available to them regarding fees which were identified in the August 6, 1993, notice.

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

i Sincerely, t

Original signed by Amos L. Blaha James M. Taylor Executive Director

Enclosure:

As stated f r Operations cc:

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G. Vernetson Chairman, TRTP University of Florida Training Reactor University of Florida Gainsville, FL 32611 Distribution OC RF OC Fee File J. Holloway J.

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Scroggins L. Hiller D. Dandois G.

Jackson T.

Rothchild M. Rafky J. Taylor ED0 R/F SECY DSB 93-134 Document Name:

VOTH.CEJ (CIRCLE the "C" to receive a copy of this cbetanent without enclosures; CIRCt.E the "E" to receive a copy with enclosures; CIRCLE the "M" to receive no fonies)

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j NUCLEAR REGULATORY COMMISSION g-p WASHINGTON, D.C. 20h0001 August 6, 1993 NOTICE TO NONPROFIT EDUCATIONAL INSTITUTION LICENSEES i

You shou.ld have recently received billing from the NRC with regard to the 1993 annual fee for nonprofit education institution licensees. The following are options available to you regarding this billing:

(1)

If you intend to file an exemption request for annual fees, this must be j

submitted by November 17, 1993. The Commission expects to approve 1

shortly the pertinent considerations that should be addressed in exemption requests and will provide this guidance via direct mailing or l

notice in the Federal Register. No interest or penalties will accrue with regard to your 1993 annual fee until 30 days after the Commission acts on your exemption request.

If you are unable to pay the 1993 annual fee by the due date prescribed in the billing, we will waive interest and penalty charges if an exemption request is submitted by November 17, 1993.

If you pay the 1993 annual fee by the date specified in the billing and subsequently receive NRC approval of an exemption, your 1993 annual fee will be refunded.

(2)

If you decide to relinquish your license (s), certificate (s),

1 registration (s), or obtain a Possession Only License (POL), you will avoid the 1993 annual fee if you file for termination or POL by August 19, 1993.

Based on concerns expressed regarding this date for filing for a terminatior or POL request, the Commission is extending the i

termination request deadline for those licensees who request an exemption from fees. Nonprofit educational institutions will have 30 days after the Commission has rendered a decision on any exemption request to file a request for termination.

l (3)

If you choose not to request an exemption, termination, or POL the 1993 annual fee is due and payable by the date specified in the recent NRC billing.

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Executive Director for Operations l

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