ML20059M378

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Responds to 930813 & 19 Ltrs Submitted on Behalf of Constituent T Tehan of Ri Atomic Energy Commission,Nuclear Science Ctr Re Commission Recent Decision to Assess Annual Fees to Nonprofit Educational Institutions W/Nrc Licenses
ML20059M378
Person / Time
Issue date: 09/22/1993
From: Taylor J
NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To: Machtley R
HOUSE OF REP.
Shared Package
ML20059M380 List:
References
FRN-58FR21662, RULE-PR-170, RULE-PR-171 CCS, NUDOCS 9311190058
Download: ML20059M378 (2)


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September 22, 1993 The Honorable Ron Machtley United States House of Representatives Washington, D.C. 205I5-3901

Dear Congressman Machtley:

I am responding to your letters of August 13 and August 19, 1993, submitted on behalf of your constituent, Terry Tehan, Director of the Rhode Island Atomic Energy Commission, Nuclear Science Center (RINSC), regarding the Commission's recent decision to assess annual fees to nonprofit educational institutions that hold NRC licenses or other approvals. The Nuclear Regulatory Commission appreciates your interest and concerns regarding this decision.

The Commission's need to revisit the generic exemptions for nonprofit educational institutions such as RINSC 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, i

1993.

In that final rule, the Commission also eliminated the exemption from i

annual fees previously applicable to nonprofit educational institutions, for fiscal years 1991 and beyond.

i Following the publication of this rule, the Commission received a petition from Cornell and eleven other universities for reconsideration of the final j

rule, requesting that the Commission reinstate the annual fee exemption for affected colleges and universities.

The Commission recently decided to grant that petition and is issuing a Notice of Proposed Rulemaking requesting public comment.

In the proposed rule, the Commission proposes to reinstate the exemption for nonprofit educational institutions.

Because this is a change in policy, actions relating to fees for the previously exempted nonprofit educational institutions will be held in i

abeyance pending the receipt and evaluation of public comment and issuance of i

a final rule.

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

Sincerely,

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T apesM.Tay1f'r Kecutive Director for Operations i

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September 22, 1993 DISTRIBUTION:

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