ML19211C605
| ML19211C605 | |
| Person / Time | |
|---|---|
| Site: | (XCOM-0240, XCOM-0250, XCOM-240, XCOM-250, XSNM-1379) |
| Issue date: | 12/19/1979 |
| From: | James Shea NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP) |
| To: | |
| Shared Package | |
| ML19211C606 | List: |
| References | |
| FOIA-80-336 SECY-79-674, NUDOCS 8001140038 | |
| Download: ML19211C605 (3) | |
Text
.
4-UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 INFORN'ATION REPORT sm.73.m cecemeer u, u ;
For:
The Connissioners From:
James R. Shea, Director Office of International Programs Executive Director for Operations 7((2
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Thru:
Subject:
COMP 0f1ENT EXPORTS TO It4DIA FOR THE TARAP'JR REACTOR Pur:ose:
To inform the Commission of the status of recent developments concerning pending cccconent export license applications for Tirapur.
Back;round:
On August 15, 1979, at the Commission's direction, the staff notified the State Depart ent that t'RC would defer final consideration of the pending fuel case for Taracur (XS?N-1379) and the related ccmconent cases (XCOM0220 and 250) until rece1pt of the Executive 3rancn's assessment of the implica-tions of the recent changes in the Indian Government leadership.
However, receipt of tnis assessment is unlikely before completion of the new elections in India, scheduled'for erly January 1980.
Discussion:
At present, the staff is continuing to defer action on all pending Tarapur component export cases, even though the items procosed for export are intended for use in tne Tarapur reac ors while they are being operated with fuel exported under previously approved U.S.
Government exports.
Favorable Executive 3 ranch views on XCCMC240 and 250 were received on June 12 and October 23, rescectively, and are attached at Appendix A.
In addition, on October 5, the staff received a letter from General Electric (Appendix 3) expressing urgency with respect to XCOM0250. The GE letter also claimed that the ccmpo-nents covered by XCOM0250 (six traversing incere probe detector assemblies) are required to permit normal reactor operations at Tarapur and that the lack of the detectors " clearly would not be
Contact:
M.R.
eterscn (192-3155)
} 'l Q 3 k tI 80 011 40037 seCY
. in the interest of public health and safety." GE advised that each Tarapur unit requires two detectors and that as of Septem-ber 27 one detector was inoperative and was scheduled for replacement in October with the only available spare and that two other detectors were marginal and should be replaced in December.
The staff has confirmed that the detectors covered by XCOM0250 are essential to the safe operation of the Tarapur reactors (see NRR coments at Appendix C). As NRR's coments indicate, calibration of the Local Power Range Monitors in U.S. BWRs, a function performed by the detector, is required once each effective full power month.
If a detector is inoperable this calibration cannot be performed and without relief from NRC Technical Specification requirements, continued reactor opera-tions in the U.S. would not be permitted. Accordingly, it is the judament of the staff that GE's request to export six detectors to Tarapur is reasonable and necessary for the continued safe operation of that facility.
Despite this conclusion, however, substantive questions remain concerning whether component exports to Tarapur meet the export licensing criteria of the Nuclear Non-Proliferation Act (NNPA).
No matter how important the components may be from a health and safety standpoint, this consideration, in itself, cannot directly affect the Commission's conclusions regarding the NNPA licensing criteria. Safe reactor operations are not related to the criteria in section 109.b. of the Atomic Energy Act, as amended.
At this time, neither the Executive Branch nor the Indian Govern-ment has requested expeditious action on the component cases.
Nevertheless, the staff believes it is important that the Tarapur component licensing issue be brought to the Commission's atten-tion as a matter of potential concern. Unless directed otherwise by the Commission, the staff intends to continue tc defer action on all Tarapur compor.ent cases until after receipt of the requested Executive Branch assessment.
Coordination:
ELD has no legal objection.
g
- i; '. 0 179 Jarry R. Shea, Director Of&fce of International Programs 1743 342
Enclosures:
1.
Appendix A - Executive Branch views dtd 6/11/79 and 10/22/79 2.
Appendix B - General Electric ltr dtd 10/1/79 3.
Appendix C - NRR comments DISTRIBUTION:
Comissioners Comission Staff Offices Exec. Director for Operations Secretariat 1743 343
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i APPENDIX A l
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_. e.s k(bu g h13 DEPARTMENT OF STATE
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wuerr a e ms:c BUREAU OF OCEANS AND INTERNATIONAL ENVIRONMENTAL AND SCIENTIFIC AFFAIRS G
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Mr. James R.
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United States Nuclear Regulatory. Commission Q Q Room 6714 - MNBB
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Bethesda, Maryland S
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Dear Mr. Shea:
I refer to your letter dated May'9, 1979, request-ing Executive Branch views as to whether issuance of an export license in accordance with the application hereinaf ter described would be inimical to the common defense and security of the United States:
NRC No. XCOM0240 -- Application by General Electric Company for authorization to ex-port to India thermal sleeves for control rods, guide tubes, ion chambers control rod drive parts, recorder parts, refueling platform control parts, an index drive system, IRM drive systems, and pump bearing assemblies specially designed or prepared for use in the Tarapur nuclear power re-actors.
Total value of these parts is
$180,000.
It is the judgment of the Executive Branch that the export contemplated will not be inimical to the common defense and security of the United States, and that this export is consistent with the provisions of the Atomic Energy Act of 1954, as amended by the Nuclear Non-Prolifer-ation Act of 1978.
Moreover, as stated in my letter to you dated March 27, 1979, it is the view of the Executive Branch that the generic assurances provided by the Embassy of India by letter dated March 23, 1979 meet the criteria under Section 109 b.
for exports of reactor components by con-firming that the following provisions apply to such ex-ports:
- 1) IAEA safeguards will be applied to the special h
y
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, nuclear material produced through the use of supplied equipment or material for the Tarapur Atomic Power Station (TAPS); 2) the special nuclear material or equipment sup-plied for use in TAPS or produced through the use of such material or equipment will be devoted exclusively to the needs of TAPS (and therefore not utilized for the pro-duction or research and development of any nuclear ex-plosive device); and 3) no equipment, material or device supplied by the U.S. for use at the TAPS will be trans-ferred to unauthorized persons or beyond the jurisdiction of the Government of India.
On the basis of the foregoing, the Executive Branch recommends that the license be issued.
Sincerely, ja
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hmLf J'rwy-Louis V.
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Deputy Assistapt Secretary 1743 346
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DEPARTMENT OF STATE
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BUREAU OF OCEANS AND INTERNATIONAL ENVIRONMENTAL AND SCIENTIFIC AFFAIRS OCT 2 21979 Es
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Director of International Programs 3: 8 3:!q y
United States Nuclear Regulatory Commissiorfb,C u
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Dear Mr. Shea:
tn I refer to your letter dated May 15, 1979, request-ing Executive Branch views as to whether issuance of an export license in accordance with the application here-inafter described would be inimical to the common defense and security of the United States:
NRC Nos. XCOM0250 -- Application by General Electric Company for authorization to export to India six traversing incore probe detector a
assemblies specially designed and prepared for the Tarapur nuclear power reactors.
Total value of these parts and components is S112,000.
It is the judgment of the Executive Branch that the export contemplated will not be inimical to the common defense and security of the United States, and that the export is consistent with the provisions of the Atomic Energy Act of 1954, as amended by the Nuclear Non-Prolif-eration Act of 1978.
Moreover, as stated in my letter to you dated March 27, 1979, it is the view of the Executive Branch that the generic assurances provided by the Embassy of India by
"~
letter dated March 23, 1979 meet the criteria under Section 109 b.
for exports of reactor components by con-firming that the following provisions apply to such ex-ports:
- 1) IAEA safeguards will be applied to the special nuclear material produced through the use of supplied equipment or material for the Tarapur Atomic Power Station (TAPS); 2) the special nuclear material or equipment sup-plied for use in TAPS or produced through the use of such
- Copy to ?::a ar.d MO I o 1%4 le,9 e
1743 347 gg 7)(Sp
s s material or equipment will be devoted exclusively to the needs of TAPS (and therefore not utilized for the pro-duction or research and development of any nuclear ex-plosive device); and 3) no equipment, material or device supplied by the U.S.
for use at the TAPS will be trans-ferred to unauthorized persons or beyond the jurisdiction of the Government of India.
On the basis of the foregoing, the Executive Branch recortmends that the licenses be issued.
Sincerely,
^
Louis V.
No enzo Deputy Assista Secretary
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1743 34g
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APPENDIX 8
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