ML20059M886

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Responds to Re NRC Actions Concerning Licensing Fees for Operation of Research Reactors.Proposed Rule 10CFR171 Being Transmitted to Fr for 30 Day Public Comment Period Encl
ML20059M886
Person / Time
Issue date: 09/28/1993
From: Rathbun D
NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA)
To: Crapo M
HOUSE OF REP.
Shared Package
ML20059M888 List:
References
FRN-58FR21662, RULE-PR-170, RULE-PR-171 CCS, NUDOCS 9311190421
Download: ML20059M886 (1)


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W ASHINGT ON. O C. 2t;5W4001 September 28, 1993 The Honorable Michael D.

Crapo United States House of Representatives Washington, DC 20515

Dear Congressman Crapo:

This is in response to your letter of August 24, 1993, concerning the Nuclear Regulatory Commission's actions regarding licensing fees for the operation of research reactors.

In accordance with the requirements of OBRA-90 to recover 100 percent of our budget authority, the NRC published a final rule on July 20, 1993 nstab!iening ar.nual fee schedules for its licensees for fiscal year 1993.

The final rule also eliminated a generic exemption from annual fees previously applicable to nonprofit educational institutions.

The Commission's need to revisit the generic exemption for nonprofit educational institutions 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 Amer #"a, No. 91-1407 and Consolidated Cases) which forced the Commission to acknowledge the serious weakness of, and abandon, the passthrough argument formerly made on behalf of these institutions.

Following publication of the final rule, the Commission received a petition from Cornell and eleven other universities for reconsideration of the final rule and requesting reinstatement of the exemption for nonprofit educational institutions.

The Commission has decided to grant the petition to reconsider this matter and is issuing a proposed rule to amend 10 CFR Part 171 to restore the generic exemption from annual fees for nonprofit educational institutions.

Enclosed is a copy of the proposed rule which is being transmitted to the Federal Register for a 30 day public comment period.

Sincerely, m cl Dennis K.

Rathbun, Director Office of Congressional Affairs

Enclosure:

Proposed Rule

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