ML20059M330

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Responds to on Behalf of Constituent,Iowa State Univ Re Commission Recent Decision to Assess Annual Fees to Nonprofit Institutions Holding NRC Licenses
ML20059M330
Person / Time
Issue date: 09/17/1993
From: Taylor J
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Lightfoot J
HOUSE OF REP.
Shared Package
ML20059M332 List:
References
FRN-58FR21662, RULE-PR-170, RULE-PR-171 CCS, NUDOCS 9311190035
Download: ML20059M330 (1)


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September 17, 1993 The Honorable Jim Lightfoot United States House of Representatives Washington, D.C. 20515-1503

Dear Congressman Lightfoot:

I am responding to your letter of August 20, 1993, submitted on behalf of your constituent, Iowa State University, regarding the Comission's recent decision to assess annual fees to nonprofit educational institutions that hold NRC licenses or other approvals. The Nuclear Regulatory Comission appreciates your interest and concerns regarding this decision.

The Comission's need to revisit the generic exemption for nonprofit educational institutions such as ISU was occasioned by a March 16, 1993, decision of the U.S. Court of Appeals for the District of Columbia Circuit (Allied Signal Inc. v. U.S. Nuclear Regulatory Comission and the United States of America, No. 91-1407 and Consolidated Cases).

In response to the Court decision, the Nuclear Regulatory Commission published a final rule establishing annual and license fee schedules for its licensees on July 20, 1993.

In that final rule, the Comission also eliminated the exernption from annual fees previously applicable to nonprofit educational institutions, for fiscal years 1991 and beyond.

Following the publication of this rule, the Comission received a petition from Cornell and eleven other universities for reconsideration of the final rule, requesting that the Comission reinstate the annual fee exemption for affected colleges and universities. The Comission recently decided to grant that petition and is issuing a Notice of Proposed Rulemaking requesting public coment.

In the proposed rule, the Comission proposes to reinstate the exemption for nonprofit educatienal institutions.

Because this is a change ir, policy, actions relating to fees for the previously exempted nonprofit educational institutions will be held in abeyance pending the receipt and evaluation of public cocient and issuance of a final rule.

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

Sincerely, a

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