ML19261D899
| ML19261D899 | |
| Person / Time | |
|---|---|
| Issue date: | 05/25/1979 |
| From: | Hendrie J NRC COMMISSION (OCM) |
| To: | Zablocki C HOUSE OF REP., FOREIGN AFFAIRS |
| Shared Package | |
| ML19261D900 | List: |
| References | |
| NUDOCS 7906280244 | |
| Download: ML19261D899 (29) | |
Text
UNITED STATES s
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OFFICE OF THE CHAIRMAN Joa J_1 HShapar WDircks K[*ul The Honorable Clement J. Zablocki Chaiman, Committee on Foreign Affairs LJEvans United States House of Representatives RFBurnett Washington, D. C.
20515 SECY79-0714 CA
Dear Chaiman Zablocki:
In response to your letter of March 28, 1979, I am pleased to forward to you additional and updated information concerning the matters enumerated in your letter.
First, NRC has compiled data on special nuclear material (SNM) shipments which show that in 1978 9 domestic and 18 export / import shipments of privately owned SNM in the range of 1 Kg to 5 Kg of contained U-235 in high enriched uranium (HEU) were made. Of the total of 27 shipments, there was only one instance in which two shipments in the 1 to 5 kilogram range could have been in transit at the same time in the United States. These two shipments were separated by at least 1,000 miles.
As a step towards preventing two sub-5 Kg shipments that add up to more than a formula amount from being in transit at the same time, a proposed change to NRC's rule (10 CFR Part 73.47, enclosed),
presently before the Comission, would require that licensees of such ship-ments give NRC a 7-day advance notice of any planned shipment.
If adopted, this new requirement would give NRC the neces'sary infomation to act to prevent multiple sub-5 Kg shipments in transit at the same time. Assuming Corrnission approval, the new requirements could be fully implemented in one In the meantime, all export / import shipments are subject to license year.
conditions which prohibit any multiple sub-5 Kg shipments from a single licensee from being in transit at the same time.
Second, as a result of the events surrounding the first HEU export shipment to Romania, the NRC recognized the need for (1) specific procedures for the use of seals on the eight subsequent SNM shipmentg to Romania authorized under the export license; and (2) general procedufes for all future use of,
seals by NRC. The imediately effective procedures for use of NRC seals on the remaining shipments to Romania were forwarded to the NRC Regional Offices on January 12, 1979. On March 26, 1979, a new generic procedure for NRC use of seals was forwarded to the NRC Regional Offices for review.
This procedure covers the distribution and accountability of seals, and seal application
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and removal for all future shipments.
Under the proposed procedures, the Headquartars staff of the Office of Inspection and Enforcement is responsible for ordering seals from the manufacturer and maintaining records of seals
'(uniquely and serially identified on both sides) and seal wires which are distributed to the NRC Regional Offices. The procedure identifies.the proper method of affixing se~als and requirement for maintaining a record of sealuse.
In addition, the Regional Offices would conduct a Auarterly 2359 22B 99$b2W2f/
The Honorable Clement J. Zablocki -
inventory of all seals and account for those used or still on hand. The restits of this inventory would be forwarded to the Headquarters staff of the Office of Inspection and Enforcement for review. This procedure, to be implemented by June 1,1979, should assure a positive controli of NRC seals.
Third, negotiations and arrangements with other nations to devise effective
. measures to cope with future problems like the Romanian incident are continu-ing. The U.S. delegation to the most recent negotiating session for the international " Convention on the Physical Protection of Nuclear Materials"
. proposed an amendment to the Convention which calls for countries to provide mutual assistance in verifying "the integrity of the shipping container" in international transport. This language was accepted, but a final text of the convention has not yet been adopted. On March 19, I wrote to Assistant Secretary of State Pickering requesting additional State Department "asFis-tance in identifying bilateral or multilateral approaches which would be appropriate to explore development of international verification pror.edures and. initiating discussions to this effect."
Because of the interna ~cional nature of these actions, it is difficult to state a projected deadline for completion.
We will continue to work closely with the Department of State and keep you infonned on this important matter.
Fourth, as pertains to the shipment of HEU to Romania in increments of less than five kilograms, this decision was made by the licensee and is permitted under existing NRC regulations.
In such instances, however, the conditions of each export license require receipt and confinnation of the arrival of each shipment ut the ultimate destination prior to the release of a subse-quent shipment. This provision assures that the accumulation over time of this material occurs only at the location at which the material is to be used. The physical security arrang'ements for storage of the fuel at the Romanian site were determined, prior to approval of the export license, to be adequate to meet the NRC requirements of 10 CFR Part 110.43 relating to the protection of the total quantity of HEU covered under the proposed license (about 40 Kg high enriched uranium).
Had the licensee chosen instead to make a single movement to transfer the total authorized quantity of mater ' 21, the physiedl security controls prescribed in 10 CFR Part 73.30 wald have been imposed along with certain additional measures delineated in license conditions applicable to movements ~
of HEU involving five Kg or more of U-235.
We have not, until now, implemented physical security requirements for ship-ment's of HEU containing less than five Kgs of contained U-235, but have recently proposed some new rules for these lesser quantities.
The proposed regulation,10 CFR Part 43.47, is presently before the Comission for final approval.
If adopted,'the new rules would be implemented within one year.
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Our current schedule calls for publishing the final rule and draft guidance for public coment next conth. At the end of 120 days, the guidance will '
published in final fom and the rule will become effective. :The licensees will then have 120 days in which to submit their physical protection plans.
NRC will take 90 days to review all plans (about 85), and 30 days after a plan is approved the licensee is expected to have implemented the rule.
2159 229
We do share your view that the transfer of highly enriched reactor fuel be given appropriate and effective physical security measures.
I hope the additional data and updated information respond to your Comittee's request.
Sincerely.
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