ML19261D020
| ML19261D020 | |
| Person / Time | |
|---|---|
| Issue date: | 02/23/1979 |
| From: | Oplinger G NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP) |
| To: | NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP) |
| References | |
| NUDOCS 7904230366 | |
| Download: ML19261D020 (1) | |
Text
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February 23, 1979 MF.MORANDUM T0:
The File FROM:
Gerald G. Oplinger, Assistant Director for Export / Import and International Safeguards
SUBJECT:
EXEMPTION FROM EXPORT LICENSING REQUIREMENTS (APPLICATION XSNM01367 TO THE FRG)
In August 1978, Transnuclear Incorporated applied for a license to export low-enriched uranium to the FRG for use as reload fuel in the Isar reactor.
Based upon its assessments, and upon information provided by the Executive Branch, the staff has concluded that the proposed export meets the applicable criteria of the Atomic Energy Act of 1954, as amended, including the require-ment that physical security programs adequate to protect the material will be maintained in the FRG.
Since material can be retransferred within EURATOM without U.S. approval, the effect of this export to the FRG may be regarded as equivalent to an export to all EURATOM countries. Written assurances that physical security measures comparable to thase set forth in INFCIRC/225/Rev.1 have been received from all EURATOM countries except the United Kingdom and Italy.
However, based upon U.S. Government personnel visits and other information, it is concluded that the physical protection systems, equipment and procedures in the U.K. and Italy, with regard to the material requested under the subject application are indeed comparable to that set forth in INFCIRC/225/Rev.1. The Department of State has also advised that the assurance letters from the U.K. alid Italy are expected in the very near future.
In view of the above considerations and since the FRG has provided acceptable written assurances, the Comission has authorized the staff to exempt this export from the written physical security assurance letter requirement for the " group of countries" (110.43(b)).
Under authority delegated to me on June 21, 1976, and pursuant to 10 CFR 110.10(a), I have detennined that this exemption from the provisions of 10 CFR 110.43(b) for a written assurance is authorized by law, is not inimical to the common defense and security and does not constitute an unreasonable risk to public health and safety and, accordingly exemption from this requirement is hereby granted.
erald G. Ophnger, Assistant Director Export / Import and International Safeguards Office of International Programs 7904230 366