ML19261D659

Requests That NRC Consider Neutron Detector Positioning Device & Safety Injection Sys Accumulators for Export

ML19261D659
Person / Time
Site:	05000574
Issue date:	05/02/1979
From:	Rodi J WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Peterson M NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP)
Shared Package
ML19261D660	List: ML19261D659
References
TFG-NRC-2986, NUDOCS 7906250030
Download: ML19261D659 (2)

Text

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.e PittsDugg .:p'TO FIGISTEPld MAIL kI/ IMPORT April 27, 1979 IHTEny[7fg7gg93 Assistant Director for Export / Import and International Safeguards U. S. Nuclear Regulatory Co==ission Washington, D. C. 20555 Attention: Mr. M. Peterson

Dear Sir:

Subj ect: Equipment Export License - Amend Exhibit B In Part On August 3,1978, Westinghouse subcitted to your of fice a formal appli-cation for an " Equipment Export License" for certain specified co=ponents intended for use in the Philippine Nuclear Power Plant Uni J.

In the above referred to letter we asked, "chould you determine during your review that any of the items incorporated within this list do not require an export license from the Nuclear Regulatory Co==ission, we vould appreciate the dissemination of that infor=ation to us so that we =ay prepare to ship that equipment mediately rather than further delaying it awaiting your issuance of the license".

We appreciated the reply on August 23, 1978 from Mr. Gerald G. Oplinger of your office that the conponents listed on Exhibit A (Balance of Plant Equip-ment Only) could be exported under a Co=merce Department General License.

In the meantime, we have re-examined the list of components contained in our Exhibit B (NSSS Cc= pot.ents Only) and have determined that, in accordance with applicable law and regulations, most of these items can be exported under a Commerce Department General License. The items that should be specifically considered under NRC's export licensing authority are: ,

Neutron Detector Positioning Device - (PLA-ROMENP-01)

S.I.S. Accu =ulators (2) - (PLA-SIATAT-01)

In 10 CFR - Part 110.32 indicates an application for a nuclear equipment export license shall state, inter alia, "a list of the items proposed to be

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exported. Such list need only identify the ite=s by the categories listed in Paragraph a. through e. cf Appendix A". Faragraph (a) of Appendix A refers to " nuclear reactors and specially designed or prepared parts and cc=penents 2209 111 79062500so d.

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_-- April 27, 1979 c/',

therefor as follows..........". In essence, the components which have been deleted from the Exhibit B list are not " specially designed or prepared for use in a nuclear reactor" since they have applicability to other industrial purposes.

In our opinion, the items removed from Exhibit B are not subject to NRC's licensing authority, therefore, Westinghouse is taking i= mediate step: to Process these components for export through a Commerce Department General License.

We ask that the remainder of your evaluation of the "Equipssnt License Ap-plication" be directed to only those components identified above which, in fact, are cosered by Part 110, Appendix A, Paragraph (a) . It is recognized that other components, applicable only for use in a reactor facility, such as incore nuclear instrumentation equip =ent, re ; tor vessel internals, etc.,

scheduled to ship at a later date, will come under NRC licensing jurisdiction.

In addition to our above stated review, we have some precedent for this position in that si=ilar components were shipped to Yugoslavia (Krsko Project) under a Cc=merce Department General License. Additionally, we have been advised that other co=panies have or are routinely shipping these types of components for nuclear projects under Com=erce Department General License.

While we are proceeding to prepare these items for shipment based on our current re-evaluation of the nuclear export license requirements, we would appreciate your written concurrence relative to this position by May 4, 1979.

Please coordinate this request with Mr. James R. Shea, Director - Office of International Programs, since he has been signator in past correspondence.

We welcome any questions.

Very truly yours, WF.STINGHOUSE ELECTRIC CORPORATION Power Systems Projects Division

/$17ild James P. Rodi Senior Transportation Administrator (412) 928-2356 jf cc: James R. Shea - NRC, Washington, D. C.

2209 112

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