ML19263B601
| ML19263B601 | |
| Person / Time | |
|---|---|
| Site: | 07002738 |
| Issue date: | 05/14/1976 |
| From: | Frank R, Greenberg E C CENTER FOR LAW & SOCIAL POLICY |
| To: | NRC OFFICE OF ADMINISTRATION (ADM) |
| Shared Package | |
| ML19263B598 | List: |
| References | |
| NUDOCS 7901220155 | |
| Download: ML19263B601 (4) | |
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Director, Of fice "of Administration e$
United States Nuclear Regulatory Commission Washington, D.
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20555 Export of Special Nuclear Material to India --
Recuest for Production of Documenrs
Dear Sir:
This is a request under the Freedom of Information Act, as amended (5 U.S.C. 5552), for access to the records specified below.
t The Nuclear Regulatory Commission ( the "Commis sio n" ),- in its Opinion of May 7, 1976, in EDLCt INTEFIiATION AL COMPANY (Agent for the Government of India on Application to Export Special Nuclear Material), License Application Mos. XSNM-805 and XSMM-345 (Docket Nos. 70-2071 and 7 0-2131), ordered that a public hearing be held in such proceedings on or about June 3,
- 1976, and indicated that discovery in connection with such hearings could be made " pursuant only to the Freedom of Information Act."
On behalf of Petitioners in such proceedings, the_ Natural Resources Defense Council, Inc., the Sierra Club, and the Union of Concerned Scientists, we hereby request access to any and all written reports, memoranda, studies or other dccuments in the custody of the Commission or Commission personnel with r2spect to:
(1)
The negotiation and implementation of Article VI(c) of the Agreement for Cooperation Between th; Government of the United States and the Government of India Concerning Civil Uses of Atomic Energy, done at Washington August 8, 1963, entered into force October 25, 1963, T.I.A.S.
No. 5446 (the " Agreement for Cooperation");
(2)
The negotiation and implementation of the various provisions of the Agreement for Cooperation which provide for subsequent United Status approval of certain actions by the t.
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Indian Government, e.g.,
fuel reprocessing (Article II(E)),
transferred to third parties (Article II(F) ) ;
(3)
Existing safeguards applicable to special nuclear materials shipped to the.Tarapur Atomic Power Station
(" TAPS"),
as well as safeguards experience at TAPS; (4)
The possibilities of retrieval by the United States of special nuclear material from TAPS, including conringency plans, if any, in the event that Ind ia took actions inconsistent with its Agreement for Cooperation, license conditions, or other assurances to the United States; (5)
The nature of facilities other than the TAPS reactors within India, the safeguards applicable thereto, and the relation-ship of those facilities to TAPS; (6)
The nature and extent of physical security measures for the handling of special nuclear material intended for TAPS:
(7)
India's plans for reprocessing and waste management of special nuclear materials shipped to TAPS, and the materials accounting safeguards and physical security standards applicable thereto; (8)
India's weapons development capability and plans and its external and internal political situation as they relate to (a) the risks that special nuclear T.aterial supplied to Tarapur may be diverted and used for unlawful purpcses, e.g.,
fabrication of nuclear weapons,(b) maintenance of safeguards agreements and (c) security of nuclear materials and facilities; (9)
The ef fect of continued shipment of special nuclear material to TAPS on the non-proliferation policy of the United States; (10)
The effect of continued shipment of special nuclear material to TAPS on the position of other countries vis-a-vis nuclear weapons development; (11)
The effect of India's failure to commit itself absolutely to refrain from the development of further nuclear explosive devices on U.S.
non-proliferation policy; (12)
The effect of India's failure to accept safeguards on all its nuclear facilities on U.S.
non-proliferation pclicy, as well as upon India's ability to develop nuclear weapcns in
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(13)
India's plans for developing national enrichment and reprocessing facilities; (14)
The ef fect of the absence of Indian agreement, at this time, on safeguards and physical security requirements for future reprccessing of spent fuel on U.S.
ncn-proliferatica policy and the risks that special nuclear material shipped to TAPS will not be used for peaceful purposes; (15)
The effect of the absence of physical security requirements applicable to the operation of TAPS cn the possi-bility of sabotage, terrorism or theft; (16)
The possibility of requiring India to accept bilateral safeguards at TAPS, additional to those implemented by the International Atomic Energy Agency; (17)
The possibility of obtaining agreement from India with respect to control over the disposition of plutonium pro-duced at TAPS, other than those embcdied in current agreements (18)
Health and safety standards applicable to the operation of TAPS; (19)
Repair and maintenance capability at TAPS; (20)
The operating history o.f TAPS, including abnormal occ urrenc e s, if any; (21)
The total amount of U.S.
supplied enriched nuclear fuel shipped to India to date, broken down by percentage of enrichment, size and date of each shipment.
We ask that the records requested above be made available for inspection and copying at the Commission's Public Document Room, 1717 H Street, N.W.,
Washington, D.C.
At such cime as the records requested are made available, we will determine whether we will want any of the records reproduced.
If any copying is then requested, we will at that time agree to pay the reasonable costs thereof.
We believe that this request is "in the public interest, because furnishing the information can be considered as primarily benefitting the public," and that any applicable fees should there-fcre be reduced or waived as permitted under the amended Freedom o f In f o rma t io n Ac t.
The documents requested are relevant to the public hearing scheduled to.be held with respect to applications
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to ship special nuclear material to TAPS.
The Commission has
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s stated that these hearings constitute an experiment "to reveal whether broader participation can assist the Commis: on in performing its export licensing function."
The documents requested will provide needed background and bases for assessin~g the issues raised by the pending export license applications.
Their prcduction will f acilitate the formulation of issues for the hearing and otherwise enhance the opportunity for a more complete discussion of the issues by all participants.
In the event that the records requested are not located in the Public Document Room and a search is thus required, and in the event that the Commission is unwilling to waive any f ees for search, we agree to pay fees uc to $200 for the cost of searching.
If th'e cost of the search is in excess of that amount, we expect to be promptly so advised as provided in 10 C.F.R. 59.14 (b) (5).
If you determine that some or all of,the records recuested e
are exempt from release,.we would appreciate;your stating which exceptions you believe cover the material you are not releasing.
In this connection, we advise you that we are prepared, if necessary, to execute an appropriate protective agreement with respect to any confidential or prcprietary document, or, if the document requested falls within the categories specified in 10 C.F.R. 52. 7 90 (1), (2), (3), to abide by such protective orders or agreements as the Commission may deem appropriate.
Finally, if you determine that some portions of the requested records are exempt, we ask that you make available the remainder of the records, to the extent that the records determined to be exempt are " reasonably segregable" as provided in the amended Act.
It is our intent that this Freedom of Information Act request benefit all members of the public interested in the TAPS export license applications and the public hearing scheduled to consider such applications. We urge that the dccuments be produced as quickly as possible as they beccme available.
As provided for in the amended Freedcm of Informacien Act, we will expect to receive a reply within ten (10) working days.
If you have any questions concerning this request, we would appreciate your contacting us by telephone to expedite consideration of this matter.
Very truly yours, Eldon V.C.
Greenberg Richard A.
Frank t
Counsel to the Natural Resources Defense Council, Inc., the Sierra Club, and the Union of Concerned Scientists
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