ML20059M419

Responds to Submitted on Behalf of Constituent Kansas State Univ Re Commission Recent Decision to Assess Annual Fees to Nonprofit Educational Institutions Holding NRC Licenses or Other Approvals

ML20059M419
Person / Time
Site:	Kansas State University
Issue date:	09/17/1993
From:	Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Slattery J HOUSE OF REP.
Shared Package
ML20059M421	List: ML20059M419 ML20059M452
References
FRN-58FR21662, RULE-PR-171 CCS, NUDOCS 9311190079
Download: ML20059M419 (2)

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'**** Septerter 17, 1993 The Honorable Jim Slattery United States House of Representatives Washington, D.C. 20515-1602

Dear Congressman Slattery:

I am responding to your letter of August 17, 1993, submitted on behalf of your constituent, Kansas State University, 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 exemption for nonprofit educational institutions such as KSU 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 Commission 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 exemption from -

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

Following the publication of this rule, the Commission 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 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 abeyance pending the receipt and evaluation of public coment and issuance of a final rule.

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

Sincerely,

./

A an V M. Ta or Ey cutive Director

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