ML18101A004

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Draft RIS: Clarification of Export Reporting Requirements for Nuclear Facilities, Equipment, and Non-Nuclear Materials
ML18101A004
Person / Time
Issue date: 04/11/2018
From: Hector Rodriguez-Luccioni
Division of Fuel Cycle Safety, Safeguards, and Environmental Review
To:
Duvigneaud D
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Download: ML18101A004 (15)
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RIS 2018-XX Clarification of Export Reporting Requirements for Nuclear Facilities, Equipment, Nonnuclear Materials Cumulative Effects of Regulation April 11, 2018 Hector Rodriguez-Luccioni, PhD Division of Fuel Cycle Safety, Safeguards, and Environmental Review Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission

Agenda

  • Regulatory Issue Summary
  • Exports under a general and specific license
  • Additional Protocol Background
  • AP Quarterly Reporting Requirements
  • Summary
  • Point of Contacts
  • Questions 2

Regulatory Issue Summary

  • Regulatory Issue Summary

- Communicate and clarify NRC technical or policy positions on regulatory matters that have not been communicated to or are not broadly understood by the nuclear industry.

- Inform the nuclear industry of opportunities for regulatory relief.

- Communicate previous NRC endorsement of industry guidance on technical or regulatory matters.

- Provide guidance to applicants and licensees on the scope and detail of information that should be provided in licensing applications to facilitate NRC review.

- Request the voluntary participation of the nuclear industry in NRC sponsored pilot programs or the voluntary submittal of information which will assist the NRC in the performance of its functions.

3

RIS 2018-XX

  • Purpose

- Clarification of reporting requirements under 10 CFR Part 110.

  • Annual report of the export of components under a general license
  • Quarterly reports of exports of components under Annex II of the Additional Protocol
  • This RIS requires no action or written response on the part of licensees/exporters.
  • RIS is still under NRC process, will be issued in:

- www.regulation.gov (for comments)

- www.nrc.gov 4

Export of Components Licenses

reactor coolant pump)

- Appendix A, 10 CFR 110

  • Reactor pressure tube
  • Reactor internals (e.g. control and rod guide tubes)
  • Heat exchangers 5

10 CFR 110.54(c) - Non AP Related

  • Annual Export Report o Exports of components under a general license (10 CFR 110.26(a)) shipped during the previous year.

o February 1st of every year.

o Submission to U.S. NRC/Office of International Programs.

o No form required.

6

Additional Protocol Background

  • The IAEA applies safeguards around the world, in non-nuclear weapons countries, pursuant to comprehensive safeguards agreements (CSA) in each country.
  • The IAEA applies safeguards in weapons countries (U.S., France, China, and Russia), pursuant to a Voluntary Offer Agreement with each country.

- United States: INFCIRC/288 or Voluntary Offer Agreement

  • Model Additional Protocol (INFCIRC/540)

- Focuses on materials and activities, related to the nuclear fuel cycle, that were not previously covered by comprehensive safeguard agreements

- Opened for signature in 1997 7

U.S. Additional Protocol

  • U.S. Additional Protocol

- Identical to the model INFCIRC/540, but with a national security exclusion

- Signed by the U.S. on June 12, 1998

- Entered into force on January 6, 2009

  • Primary impacts of the U.S. Additional Protocol:

- Reporting requirements: Additional aspects of the nuclear fuel cycle and related activities (e.g. initial declaration, annual updates, and quarterly export reports)

  • Annual Reports
  • Quarterly Reports 8

10 CFR 110.54(a) - AP related

  • Quarterly Export Reports

- Exports under a general or specific license of nuclear equipment, nuclear graphite for nuclear end use, and deuterium shipped during the previous quarter.

- January 15, April 15, July 15, and October 15 of each year.

- Submission to Department of Commerce/Bureau of Industry and Security

- Forms can be found in www.ap.gov 9

Additional Protocol Webpage (www.ap.gov) 10

Quarterly Export Reports (INFCIRC 540, Article 2.a.ix)

  • For licensees using NRC general or specific license authorizations for exports of specified equipment and non-nuclear material (2.a.ix),

as listed in Annex II of the Additional Protocol to the U.S. - IAEA Safeguards Agreement [INFCIRC/540 (Corrected)]

  • Most NRC licensees should report as a location using AP-13 found on www.AP.gov, to report directly to Department of Commerce, Bureau of Industry and Security (BIS) every quarter (forms are joint DOC/NRC forms).
  • Selected facilities under the U.S.-IAEA Safeguards Agreement (Framatome, Westinghouse-Columbia, Global Nuclear Fuel-Americas, and Louisiana Energy Services [URENCO-USA]) should report as sites using AP-M.

11

Additional Protocol-Annex II

- Reactor Control Rods (Annex II, 1.4)

- Zirconium tubes (Annex II, 1.6)

- Reactor Primary Coolant Pump (Annex II, 1.7) 12

Summary NRC Reporting License Due Date Submission Regulation Requirement 10 CFR Quarterly report of Specific January 15th, DOC/BSI 110.54(a) export of or April 15th, equipment and General July 15th, non-nuclear October 15th.

material described in Annex II of the AP.

10 CFR Annual report on General February 1st NRC/OIP 110.54(c) exports of reactor components under a general license established by 110.26(a).

Exporters should check if any of the items exported under a general license

(§110.26(a)) may also need to be reported under AP (§110.54(a)) 13

Point of Contacts

  • Please ask questions early and often!

- NRC/NMSS

- NRC/OIP

  • Additional resource:

- http://www.nrc.gov/about-nrc/ip/intl-safeguards.html 14

Questions 15

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