ML19261A327
| ML19261A327 | |
| Person / Time | |
|---|---|
| Issue date: | 12/26/1978 |
| From: | Oplinger G NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP) |
| To: | NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP) |
| References | |
| NUDOCS 7901110318 | |
| Download: ML19261A327 (1) | |
Text
L.
- j UNITED STATES
-' t NUCLEAR REGULATORY COMMISslON fk1
)
W ASHINGTON, D. C. 20555 DEC t 6 M MEMOPANDUM FOR: The File FROM:
Gerald G. Oplinger, Assistant Director Export / Import and International Safeguards Office of International Programs
SUBJECT:
EXEMPTION FROM EXPORT LICENSING REQUIREMENTS (APPLICATICN XSNM01281)
In February 1978, Transnuclear Incorporated applied for a license to export low-enriched uranium to West Germany for use as the initial core for tne GROHNDE Unit i reactor.
Based upon its assessments, and upon information orovided by tne Executive Branch, the staff has concluded that the proposed export would be consistent with the recently enacted Nuclear Nonoroliferation Act, including the requirement that physical security programs, adequate to protect the material, will be maintained in West Germany.
The written assurance (as required by 10 CFR 110.43(b)) that physical security measures providing as a minimum protection comoarable to that set forth in INFCIRC/225/Rev.1, will be maintained has not been cbtained from the Government of West Germany.
Instead, West Germany has provided written assurances based on the Suppliers Group physical security guicelines.
The acceptability of these written assurances is now being considered by the Commission.
The application was submitted to the NRC before May 19, 1973, the effective date of 10 CFR 110, and the standara assurances required prior to t' is date have been obtained. Although written assurances tnat physical security measures comparable to those set forth in INFC!RC/225/Rev.1, have not been received, based upon U.S. Government personnel visits and other information the staff has verified that the physical protection measures in West Germany are indeed comparable to that set forth in INFCIRC/225/Rev. l.
As a result of these considerations, it is the view of the staff that final licensing action need not be delayed until final resolutim-of the written pnysicai security assurance issue.
Therefore, under authority delegated to me on June 21, 1976, and oursuant to 10 CFR 110.10(a), I have determined that exemption for the provisions of 10 CFR 110.43(b) for a written assurance is authorized by law, is not inimical to the cc: mon defense and security and does not constitute an unreasonable risk to public health and safety and, accordingly exemption from this recuirement is hereby granted.
s p
iSC Gerald G.
- lin r, Assis. ant Di ectcr e
ffice cf International Programs 79011103Q