ML20059E926
| ML20059E926 | |
| Person / Time | |
|---|---|
| Site: | University of Missouri-Columbia |
| Issue date: | 10/29/1993 |
| From: | Mccormick J MISSOURI, UNIV. OF, COLUMBIA, MO |
| To: | Selin I, The Chairman NRC COMMISSION (OCM), NRC OFFICE OF THE SECRETARY (SECY) |
| Shared Package | |
| ML20059E930 | List: |
| References | |
| FRN-58FR50859, RULE-PR-171 58FR50859-00122, 58FR50859-122, NUDOCS 9311040045 | |
| Download: ML20059E926 (6) | |
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The Graduab School cnd Offico n
II N'N Vice Provost for Research Dean of the Graduate School.
UNIVERSITY OF MISSOURI-COLUMBIA 93 cci 29 P S 3 aio asse san Columbia, Missouri 65211 Telephnne (314) 682 6311 October 29,1998 Chairman Ivan Selin U.S. Nuc. lear Regulatory Commission Washington,DC 20555 ATTN:
Docketing and Service Branch
SUBJECT:
Proposed Revisions to 10CFR Part 171; RLN: 3150-AE88; Restoration of the Generic Exemption from Annual Fees for Nonprofit Educational Institutions
Dear Chairman Se!in:
The University of Missouri-Columbia (MU) provides the following commants regarding the proposed revisions to 1CCFR Part 171. The comments are in support of the NRC reconsideration to restore the exemption for non-profit educationalinstitutions. MU requests that the NRC consider the comments applicable to both restoring the non-profit educational institution exemption to 10CFR Part 171 and maintaining the exemption in Part 170. Originally the exemption was included in both Parts 170 &l71 and the justification for the exemption is equally applicable to both parts.
We support the NRC pmposed regulation reestablishing the pption to non pmot educational institutions, which is justified from the external benefit these institutions provide through use of their NRC licenses. The universities utilize these N'RC material licenses and non-power reactor licenses to provide the following benefits to society: (1) they are utilized in research ths,t creates knowledge; (2) they educate those who will serve in the use of nuclear technology in industry, medicine, and fundamental research; and (3) they provide unique services to other educational, industrial, medical and government organizations, One important at.cietal service provided by all research reactors at non profit institutions is the opportunity for students and the general publf e j
to tour and learn about a nuclear reactor, radiation and radior.c:.14ty, and how each can be used.
j The University of Missouri Columbia (MU) is a land-grant educational institution in Columbia, Missouri, and is the flagship campus for research and graduate education among the four campuses comprising the University of Missouri System (UM). Derignated a Research I university by the Carnegie Foundation, the University has a comprehensive graduate and undergraduate curriculum spanning a wide spectrum of disciplines including mdor emphases in the physical and biological sciences, agriculture, and engineering.
The University of Missouri Research Reactor Center (also known as MURR) is a multi-disciplinary research and education center that provides opportunities for research and graduate education in the neutron related sciences and engineering that are unmatched at any other U.S.
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Ivan Solin October 29,1993 page 2 university. The central focus of this research Center is a 10 MW light water moderated reactor that is the highest power university research reactor. The reactor has been in operation for 27 years (commencing October 13,1966), and since 1977 has had a 150+ hour per week operating schedule, resulting in the reactor being at full power to support research more than 90% of the total time.
The Reactor Center has a three-fold mission of promoting basic and applied research in neutron-related science and engineering, providing an educational opportunity for students in these fields, and providing radiation and isotope production services to both public and private institutions. The breadth and quality of the research programs, available facilities and equipment are comparable to those found in the U.S. national laboratories, as can be seen by reviewing the enclosed 1992 Annual Report.
The scientifie programs at the Center encompass a broad array of research disciplines and techniques and include archaeometry, neutron and gamma-ray scattering, neutron interferometry, neutron activation analysis, human and animal nutrition, epidemiology and immunology, radiation effects, radioisotope studies, health physics, and nuclear engineering.
The reactor research groups are made up of both MURR staff and researchers at the University of Missouri campuses. Most of the programs also have strong ties to other universities, and national and industrial laboratories. MURR takes its role very seriously as one of the premier reactor facilities providing educational opportunities for students interested in programs related to neutron sciencas and engineering. Five Reactor Research Fellowships are annually awarded to outstanding new research students. MURR financially supports 40 graduate students engaged in graduate thesis research using the reactor or its isotope products. In addition, other MU graduais students use the reactor or its isotope products in their thesis research but are financially supported through their academic department.
Because ofits relevance to national needs in science and technology, the Reactor Center receives substantial grant support from federal agencies and from industrial science laboratories that currently exceeds $2 M per year. This includes major grants from the National Science Foundation for the development of new instrumentation and programs for advanced studies of new materials, and a large program of research leading to new radiopharmaceuticals for diagnosis and treatment of various caneers principally funded by corporate science grants.
The Reactor also has a Service Applications Group that provides radiation services and produces a wide range of isotopes for educational institutions, state and federal agencies, and industrial and commercial concerns worldwide. A substantial fraction of the radioisotopes produced in the U.S.
for use in medical research and for nuclear medicine treatments of cancer and other diseases are from the MURR Center. This radiation service work helps satisfy a major national need, and in addition the income derived provides approximately 50% of the support of the educational and research programs within MUPJt, A synopsis of the educational and research benefits of the Reactor Center includes the following i
statistics (derived from averages over the period 199193h Annually, research pedormed at the Center forms the basis for 6 doctoral and 4 master's degrees granted to students at the University.
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Ivan Salin October 29,1993 page8 Research work performed at the Center leads to 181 journal publications and 98 papers presented at professional meetings each year.
Researchers submit 70 grants and contracts proposals annually for research at the Center.
Research programs directly utilizing the Center facilities or isotopes or analyses produced by the Center involve 424 faculty and 127 graduate students from 39 departments within UM, and 140 departments from 96 other universities and 62 federal and industrial laboratories. This only includes the radioisotopes MURR directly supplies to researchers.
It does not include the vast amount of research done with the radioisotopes MURR supplies to DuPont/NEN, ICN Biomedicals, Amersham International, etc.
Each year MURR provided tours for 2700 persons from 40 countries.
In summary,it is apparent that the multifaceted research and educationalinstitution that is the University of Missouri Research Reactor Center is a major resource for this University, for Missouri, and for the nation in the field of nuclear related sciences and engineering. It is a research center that must be p tserved and strengthened in the national interest.
The work carried out by this Center and others in the U.S. is clearly in the class of" externalized benents of education" and research referred to in the ruling on the Allied Signal case. The imposition oflicense fees presents a severe hardship on this Reactor Center as well as others, and compromises its ability to maximize its educational benefit.
The non power reactors at educational institutions, as is MURR, are licensed as production and utilization facilities under 10CFR 50.21(c):
50.21 Class 104 lleenmes; for medical therapy and research and development facilities.
(c) a production or utilization facility, which is usefulin the conduct of research and development activities of the types specified in section 31 of the Act, and which is not a facility of the type speciSed in paragraph (b) of this section orin i 50.22.
i As previously disseussed about MURR, these non-profit educational institutions accomphsh the nuclear research and development that Congress deemed important to society when it passed the Atomic Energy Act in 1954. The universitics with NRC licenses play a critical role in accomplishing the goals of the Act. The wording in the Act, particularly sections 3,31 and 104 as given below, indicates that Congress wanted to promote the use of research reactors and radioactive materials. This is due to the external benefit derived from the broad range of research i
and development that can be accomplished at non-profit educational institutions.
a THE A'IT)MIC ENERGY ACT OF 1954
'l (selected parts)
Section 3. Purpose.-It is the purpose of this Act to effectuate the policies set forth above by providing for-
- a. a program of conducting, nasisting, and fostering research and development in order to encourage marimum aclentific and industrial progmes;
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- d. a progam to encourage widespread participation in the development and utillantion of atomic energy for peaceful purposes to the maximum extent consistent with the mmmon defense and security and with the health and safety of the public; Sec. 31 Research Assistance.--
- a. The Commianlon is dhected to enemise its powers in such manner as to insure the continued conduct of c.__sh and development and training activities in the fields specified below, by pdvate or public instittdinna orpersons, and to assist in the acquisition of an ever expanding fund of theoretical and practicalknowledge in such fielda. To this end the Commission is authorized and directed to make arrangements (including contracts, agreements, and loans)for the conduct of research and development activities relating to -
(1) nuclearprocesses; (2) the theory and production of atomic energy,includingpw-m, matedals, and devices related to such pra'*:
(8) utilisation of special nuclear material and radioactive material for medical, biological, agricultural, health, or military purposes; (4) utiliaation of special nuclear material, atomie energy, and radioactive material and processes entailed in the n+113 dan or production of atomic energy or such material for all other purposes, including industrial or commercial uses, the generation of usable energy, and the demonstration of advances in the commercial or industrial application of atomic energy; (5) the protection of health and the promotion of safety during reseamh and production activities; and (6) the preservation and enhancement of a viable envimament by developing more ef!Icient methods to meet the Nation's energy needa,
- b. The Commt=ian is further authorised to make grants and contributions to the cost of constmetion and operation of reactors and other facilities and other equipment to colleges, univeraities, hospitals and sleemosynary or charitable institutions for the conduct of educational and training activities relating to the fields in subsection a.
Sec.104. Medical Therapy and Research and Development.--
- c. The Commission is authorized to issue licenses to persons applying therefore for utilisation and production fheilities useful in the conduct of researth and development activities of the types specified in section 81 and which are not facilities of the type specified in subsection 104b. The Commission is directed to impose only such minimum amount of regulation of the licensee as the Commission finds will permit the Commission to fu1511 its obligations under this Act to promote the common defense and security and to protect the health and safety of the public and will permit the conduct of widespread and diverse researth and development.
We realize the responsibilities assigned under the Act have been divided between the NRC and the Department of Energy (DOE), Congress may not have intended for the NRC to have the responsibility to make grants and contributions to colleges and universities for the cost of operation of reactors and other facilities as given in section 31 b, but Congress surely did not
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intend for the NRC to take away the limited funds these institutions have for operations. In most i
cases the NRC fees far exceed the DOE contributions to the cost of operations, The needs that led Congress to put these provisions into the Act are still there as noted in numerous National Research Council reports. These reports document the shortage ofinstitutions to provide these unique nuclear research and development activities, and emphasize the need for universities to expand the output of nuclear engineers and nuclear related scientJsts with hands-on experience:
U.S. Nuclear Engineering Education: Status and Prospects (October 1990)
University Research Reactors in the United States-Their Role and Value (1988).
Training Requirements for Chemists in Nuclear Medicine, Nuclear Industry, and Related Areas (1988)
For universities to accomplish these goals it will require both appropriate facilities and sufficient budget support. If the NRC requires educationalinstitutions to pay license and inspection fees, the result would most likely be the closure of more university research reactors and a decrease in the nuciear related research and education upon which both the NRC and the nuclear power industry depend. From what other source will come the nuclear safety engineers and nuclear related researchers needed in the future?
While there once were over 75 university reactors in this country, there are currently 86 operating reactors lcated on university campuses. For about half of the facilities, fhll payment oflicense fees would nearly double their operating costs. This has a substantialimpact on universities with' already tight and declining budgets. The result would probably be that the number of university research reactors available to support the goals of the Act could again drop by more than a factor of two.
For the reasons outlined above, citing both the Act and national educational benefits, the University of Missouri Research Reactor Center strongly supports the reconsideration of the rule exempting educational institutions from NRC licensa fees. Again, we request that the exemption be restored for Part 171 and retained for Part 170.
The opportunity to comment on the proposed rule is appreciated. If any additional information would be usefW, please call either James Rhyne or Charles McKibben at 31#882-4211.
Sincerely yours, Y t.-
h ohn P. McCormick Interim Vice Provost for Research and Dean of Graduate School xc:
Secretary, US NRC James J. Rhyne, Research Reactor J. Charles McKibben, Research R6 actor
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