ML19209B037
| ML19209B037 | |
| Person / Time | |
|---|---|
| Issue date: | 02/08/1979 |
| From: | Gossick L NRC COMMISSION (OCM) |
| To: | Pickering T STATE, DEPT. OF |
| Shared Package | |
| ML19209B029 | List: |
| References | |
| 781229, SECY-79-190, NUDOCS 7910090030 | |
| Download: ML19209B037 (2) | |
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On ' January 10, we forwarded to the Executive Branch a copy of the%-
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Comission's recently adopted internal procedures for reviewing export /
import license applications submitted to the NRC. An additional. copy
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In connection with its review of these procedures, the Comission also addressed the possibility of--
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. establishing si::rflar intarnal procedures for reviewino Executive Branch nuclear export activities requiring NRC consultation (e.g., DOE technology exports and subsequent arrangements). The purpose of this letter is to
. inform the Executive Branch of the NRC staff's views with respect to establishing such internal procedures for these activities when major policy issues are.tnvolved and Cecnission review is warranted.
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recognize that DOE and the Coceerce Departsent are the responsible agencies for the ' activities under consideration, but I am addressing this lettar to you in your capacity as the Chainnan of the NSC Ad Hoc Group 3
on Monppoif feration since I believe this catter should be subject to broad interagency review.
For routine t:ensultations on Executive Branch export activities', the NRC staff has noimally been able to provide its cerments within the time period set out in the June 9,1978 interagency precedures es'ablished 1
pursuant to the NNPA., These procedures,.in general, allow 30 days for consulting agendies to cocoent on the final analysis of proposed export activities (20 days for DOE subsequent arrangements).
However, for those proposed actvities involving significant policy issues, such as laser isotope se aration (LIS) related exports and reprocessing retransfers, Comissioner review is required and generally additional time will be The interagency procedures include deadlines which were intended needed.
to cover most cases but the procedures also provide for extensions of review times by the responsible agency when circumstances warrant.' Based upon our experience to date, it is clear that certain major cases will
. require such extensions.
y As a result of the above considerations, the NRC staff is prepared to recccmend that the Cocnission establish internal deadlines for the review of signiftcant Executive Branch nuclear export activities which would be ouas.Ames W
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'1he attached procedures covering <~r.-
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-( NRC licensed exports. ' This does not. imply:that NR -
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to.be the maximum review times required..-For especially rAn
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.+1 Comission will, of-course, attempt t.o respond in time to meet special
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For the-majority of the remaining cases we would still:
attempt to respond within 'the.2D or 3D day. time periods, even when Comissio requirements.
referral is required.
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_b it its views to the C.:craission within the next
.The staff intends to su m month. :Please advise me by February 2S'whether the Executive Branch agencies
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have any objections to the approach cutlined above and i
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discussed in this 1etter.
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t (SIgud) Lee Y. Cesstok Lee V. Gossick Executive Director for Operations i
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Enclosure:
12/29/78 memo, Hendrie to Gocsick/Ch11k Holsey Handyside, DOE
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cc:
Donald M. Xerr, DOE Rauer H. Meyer, DOC Charles VanDoren, ACDA Sheila Buckley, 000.
bec: Don Hassell, OG George Eysymentt, OCM John Stephens, CCM Hugh Thompson, OCM '
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. Trip Rothschild, OGC Jim Devine, OPE William Dircks, NMSS Joanna Becker, ELD -
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MEMORANDUM FOR:
Lca V. Gossick, Executive-
' Director for Operations i
Samuel J. Chilk, Secretary \\
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s FROM:
Joseph M. Hendrie, Chairma i
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SUBJECT:
EXPORT / IMPORT LICENSING REVIEW PROCEDURES i
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Consistent with the Congressional intent manifested in the Nuclear Non-Proliferation Act of 1978, the Comission, without compromising the thoroughness of its review, should make every effort to act upon export /
imoort license applications within 30 days after receiving Executive Branch views.
In order to meet this schedule for action, the Comission has informally agreed to the following housekeeping 1/ procedures for 1
internal review of export /imoort 2/ licenses which are reviewed by the I
Cemissioners:
l 1.
The Director, Office of International Programs (IP), will promptly transmit to the Commission for early review a copy of each export /
l import application received requiring Comission review.
If, after review of the application, a Ccmissioner has any questions which he wishes to address to the Executive Branch or to the NRC staff, these should be submitted t~ the Director, !P.
2.
The Director, IP, will promptly submit to tne Comission, for early review,'. Executive Branch views on the merits of such applications. 3/
Comissioners will review these views and transmit to the Director, IP, I
any questions they wisn to have addressed by the Executive Branch or the NRC staff.
3.
The NRC staff should submit its analysis, and recccraendations on-such applications to the Secretary for distribution'to the Com.issioners no later than 40 calendar days after receipt of Executive Branch views.
The Secretary shall maintain and keep current a docket of applications pending C0missioner action.
1/ inese procecures ce not create any rights for any person er. organization and are not judicially enferceable.
2/ Although the Nuclear Non-Proliferation Act does not establish a time schedule for Commission action on imcort licenses applications, the Cc::r.ission as-a matter of policy has decided to establish a ti.me schedule.
-3/ The Executive Branch does not provide the Ccmission views on imcort license applications.
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4.- ' After receipt of staff views, Commissioner offices will have five working days to vote of and/or provide views on an application to c
the Secretariat.
This five working day period will be extended not more than an
, 5.
additional four working days at the request of any Commissioner transmitting such a request (either orally or in writing) to the I,
Secretary, prior to expiration of the five day period.
i Further extensiens for individual Commissioner. consideration may 6.
j be granted only by a majority of the Comissioners.
!j 7.
After the five-day review period (or the period as extended pursuant to paragraphs 5 or 6, above) has expired, action will be taken on l
the application only if all Comissioners have voted or if the l
following conditions apply:.
l (a) i'f a majority of Commissioners has provided views, and if a majority of Comissioners explicitly votes r;t to withhold i
Comission action pendine the receipt of views from a Comissioner(s) who has not yet provided views. Once a majority of the Coc:missicn e
has voted to act on the application Co=missioners will be provided twenty-four hours notice before the Cemission's decision is implemented.
Any Commissioner who has not acted upon the item under these circumstances wil1 be recorded as "not participating" in the Commission decisi~on; or l
(b) if a majority of the Commissioners has provided views, and the statutory time limit set forth in 3ection 126 of the Atomic I
Energy Act has expired (the date after which the president may authorize issuance of the license by Executive Order, in the absence of a Commission decision), the majority's decision will be considered that of the Comission, unless a majority
, of the Cctmnission decides to withhold decision. Any Comissioner who has not provided views by the end of the statutory time limit will be recorded as "not participating" in the Commission decision.
Seventy-two hours before the statutory time limit, the Secretary will notify all Comissioners of the impending expiration of time for Commission review. 5/
4 Af ine term " vote" in nis set of worxing procedures includes a written notation of a Comissioner's position.
Because the authority to issue export and import licenses has been delegated to staff personnel subject to Comission oversight, a formal, collegial vote is not necessary.
5/
If the Comission and the Executive Branch conclude that action within the statutory time limit is not possible, the Secretariat will provide' a 72-hour notice at the appropriate time.
1119 292
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Comission actier. upon an application will be deferred until responses to any Comissioner questions to the NRC staff or the j
Executive Branch are received, ualess a majority of Commissioners j
explicitly votes that'the Comission should act upon the application j
prior to the receipt of the requested information.
Once a majority of the Comission.has voted to act on the application Comissioners w'ill be provided twenty-four hours notice before the Comission's decision is implemented.
5.
If action.has been deferred pending receipt of responses to questions submitted to the NRC staff or to the Executive Branch, once the i
'l response is received.Comissioners will be provided five working days to prov'ide views to the Secretary.
Further extensions of time may be granted only by a majority of the Comissioners.
The procedures outlined in paragraphs 7 and 8, above, will apply in this situation.
cc:
Comissioner Gilinsky 1
Commissioner Kennedy
' Comissioner Bradford Comissioner Ahearne Acting General. Counsel'.
Director, Polief Evaluation Director, Congressional Affairs Cirectar, Public Affairs 4
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