ML19210C916
| ML19210C916 | |
| Person / Time | |
|---|---|
| Issue date: | 10/22/1979 |
| From: | James Shea NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP) |
| To: | |
| Shared Package | |
| ML19210C917 | List: |
| References | |
| SECY-78-586C, SECY-79-586C, NUDOCS 7911200306 | |
| Download: ML19210C916 (3) | |
Text
.
SECY-78-586C October 22, 1979 COMMISSIONER ACTION For:
The Comissioners Frem:
James R. Shea, Ofrector Office of International Programs Thru:
Executive Director for Operations /
ft-Y 1 h'
Sub1ect:
EXPORT OF MIXED OXIDE FUEL ASSEMBLIES TO JAPAN (XSNM-510, SECY 78-5868)
Purcose:
To inform the Ccmission of the receipt of additional informa-tion from the Executive Branch and to reque.it Commission approval to amend the subject export license.
Discussion:
On January 22, 1979 in Secy 78-5868 (CONFIDENTIAL) the staff forwarded its views on the proposed issuance of a two-year license extension to allow the export to Japan of the remaining quantity of plutonium (1,088 grams) not yet shipped under XStei-510.
Subsequently, the Cemission requested that the staff obtain fonnally the Executive Branch's views on this proposed exten-sion. including the basis for any exemption to the President's plut:11um export policy. Although the staff requested this information from State on March 15, we did not receive State's response until October 9 (er. closed).
In its respense State reaffirms its reccmmendation that the amendment be granted and requests that NRC take the following into account in our review of this case:
1.
This request predr.us the three "pending" cases mentioned in the President's memorandum of November 14, 1977 (see page 3, paragrapa 2).
Since this license had already been issued and was not "pending" at that time, State believes this case should be " grandfathered."
Contact:
W. Upshaw, IP (492-8155)
_30 1361 791120
. 2.
State is not aware of any plans by the President to restrict or invalidate any~ existing license for the export of plutonium to be used for mutually acceptable purposes.in countries with sound nonproliferation credentials.
3.
Instate'sEiewtheextensionofXSNM-510wouldnot constitute a new cceiitment.
4.
State considers that this extension falls within the guidelines of the President's policy, as prcmulgated in November 1977.
5.
The quantity of material remaining to be exported is relatively small in light of the amou;;t of material already exported under this license.
In. view of State's assessment, the staff is prepared to reaffirm its reccimendation that the Ccemission authorize the amendment of export license XSNM-510 to expire on December 31, 1980. Eecause of the concern he had expressed late last year about the shipment of plutonium under XSNM-510 at that time, the staff informed Leonard Weiss, of the Senate Energy Subcon:nittee, of the recent developments concerning this case and of the NRC staff's proposed course of action.
Mri Weiss indicated that, in his view, the proposed export of the additional 1.C88 kilograms of material did not raise any significant concerns, but asked to be.kept informed of future significant plutonium exports or retransfers. Based upon Mr. Weiss' comments, the staff dces not believe that it is necessary to infonn Congress further regarding this matter, as was suggested the Cccriission might consider doing in SECY-78-5863.
Recemendaticn:
That the Comission authorize the staff to issue a license amendment extendi19 the expiration date of XSNM-510 to December 31, 1980.
Coordination:
ELD has no legal objection.
OCT 2 2 373 OfMeo.Shea, Director James R f International Programs
Enclosure:
State ltr dtd 10/5/79, Nosenzo to Shea
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. NOTE: Commissioner comments should be provided directly to the Office of the Secretary, by c.o.b.
- .sroca,y n
,wo ,1 1ovo Commission staff offica comments, if any, shculd be submitted to the Ccmmissioners NLT October 29, 13/9 , with an information copy to tne Office of tne Secretary. If the paper is of such a nature that it requires additional time for analytical review and content, the Ccmmissioners and the Secretariat shculd be apprised of when comments may be expected. DISTRIBUTION: Conmissioners Commission Staff Offices Exec. Dir. for Operations Secretariat j j() } }32 9 -.w-}}