ML19263E087

FOIA Request for Documents Re Edlow Intl Export of SNM to India

ML19263E087
Person / Time
Site:	07002738
Issue date:	12/19/1978
From:	Barnes J, Curtis C CENTER FOR LAW & SOCIAL POLICY
To:	Jordan M ENERGY, DEPT. OF
References
FOIA-79-136 NUDOCS 7906010113
Download: ML19263E087 (5)

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Milton Jordan, Director Division of Freedom of Information and Privacy Act Activities Department of Energy GB 145, Forrestal Building 1000 Independence Avenue, S.W.

Washington, D.C.

20585 Export of Special Nuclear Material to India (XSNM-19 2 2) --

Request for Production of Documents 1

Dear Mr. Jordan:

s This is a request under the Freedom of Information Act, as amended (5 U.S.C.

S552), for access to the records specified i

below.

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i The Nuclear Regulatory Commission (the " Commission), in

!i its Order.of December 8, 1978, in EDLOW INTERNATIONAL COMPANY h

(

,'. Agent. for the Government of India on Application to Export Special Nuclear Materials), License Application No. XSNM-1222 (Docket No. 70-2738), found that public proceedings on a written basis were in the public interest and would assist the Commission in taking the statutory determinations required by the Atomic Energy Act, as amended.

The undersigned Petitioners in that proceeding, the Natural Resources Defense Council, Inc., the Sierra Club, and the Union of Concerned Scientists, were cdvised by the

' terms of the Commission's Order that written comments should be l

. submitted to the Secretary of the Commission by January 11, 1979, and that reply comments to those comments submitted by other

' participants should be submitted by January 22, 1979.

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On May 14, 1976 the Petitioners presented a similar request to the then Energy Research and Development Administration, predecescc:

to the Department of Energy (the " Department"), for production of I

specified documents concerning the export of special nuclear materials to India pursuant to License Application Nos. XSNM-805 and XSNM-845 (Docket Nos. 70-2171 and 70-2131).

6 scopy of that request is attached.)

That request was made as the result of the f 0[] [0 M 3 2 2 8 8

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1 Milton Jordan 19 D'ecember 1978 page 2 Commission's May 7, 1976 Order advising the Petitioners that I

discovery in connection with the hearings to be held.on the license application could be made " pursuant only to the Freedom of Information Act."

For the pending proceeding '(XSNM-1222),

we have assumed that discovery should be handled in the same fashion.

I Given the similarity of our May 14; 1976 request to the request herein made, this request should be considered supplemental l thereto.

Where the requests specified below are substantively the same as those previously made, the request for production j should be deemed to refer to documents not previously made available.

j With that qualification, we hereby request access to any and all

. Written reports, memoranda, studies or other documents in the custody of the Department or Department personnel with/ resp

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l (1)

Existing safeguards applicable to spec.tal nuclear f

materials shipped to the Tarapur Atomic Power Stationg.' TAPS"),,,;,,33, 3

s as well as the safeguards experience at TAPS; g' g h, M / 2., w 5

(2K.The consideration of revised or new safeguards

, applicable to special nuclear materials shipped to '"APS resulting OS.3

' from the IAEA's Special Safeguards; %plementgt(ion Report of 1977 Im I and 1978; g P'yf, 1 pw^,

(3)

The possibilities of retrieval by the United States

' of special nuclear material from TAPS, including contingency 5,)/ 6 t plans, if any, in the event that India took actions inconsistent with its Agreement for Cooperation Between the Government of the United States an'd the' Government of India Concerning Civil Uses of Atomic Energy (done ' at Washington, Auciust 8,'1963, entered into force October 25, 1963, T.I.A.S. No. 5446), license conditions,

,the Nuclear ron-Proliferation Act of 1978 ("NNPA"), or other

. assurances to the United States-l.

(4)

The nature of facilities other than the TAPS reactors t

O3L within India, the safeguards applicable thereto, and the relation-ship of those facilities to TAPS;

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The nature and extent of physical security measures

.for the handling of special nuclear material intended for TAPS;

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India's plans for reprocessing and waste management of

'special nuclear materials shipped to TAPS, and the materials f 4[d

' accounting safeguards and physical security standards applicabicjj 3

thereto;

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19 December 1978

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1-recr(<f)' Indi5's' weaoons development canabi'.'ity and plans and its external and internal poTiYrcrl-3TEifa'tT6n as they relate to D 4."

(a) the risks that special nuclear material supplied to Tarapur m,ay be diverted and used for unlawful purposes, e.g.,

fabrication of nuclear weapons, (b) maintenance of safeguards agreements, and (c) security of nuclear materials and facilities; r_

l (8)' The effect of continued shipment of special nuclear

material to TAPS on the non-proliferation policy of the United g / @c States, including the policies set forth in S306 of the NNPA, which requires, with limited exceptions, that any applications for the export of nuclear materials to countries such as India that are filed with the Commission after September 10, 1979, must

' meet the IAEA Safeguards (42 U.S.C.

S2157);

(9)

The effect of continued shipment of special nuclear

material to TAPS on the position of other countries vis-a-vis g

nuclear'w~apons development; e

(10)

The effect of India's failu're to commit itself absolutely,,,/;jl to refrain from the development of further nuclear explosive de-

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vices on U.S. non-proliferation policy as set forth in the NNPA; (11)

The effect of India's failure to accept safeguards on N g/$

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.all its nuclear facilities on U.S. non-proliferation policy as I set.forth in the NNPA,; as well as upon India's ability to. de,velop '

'WuclearOcapons in unsafcguarded lacilities;

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s (12)

India's planc for developing national enrichment and y f,' '

reprocessing facilities; E

(13)

The effect on the absence of Indian agreement, at this

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, time, on safeguards and physical requirements for future reproces M.,

sing of spent fuel on U.S. non-proliferation policy as set forth in the NNPA, and.the risks that special nuclear material shipped to TAPS will not be used for peaceful purposes; j.

(14)

The effect of the absence of physical security requirements

' terrorism or theft;appilcable to the operation of TAPS og'the 3ossibility,pf sabotage, 7 Y N T6g.of 4

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(15)

The total amount of U.S.

supplied enriched nuclear fuel g

shipped to India to date, broken down by percentage of enrichment, I,.

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, size and date of each shipment, and the expected time frame for using any such fuels which have not yet been sent or used within India; and p c 2 1.l,3.

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..-Miltoa Joi. dan 19 Decenter 1978 page 4

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The capability and"likelih :d that India will construct,TA y!/

(16) f test and/or use nuclear explosive devices, including the text of I

communications to and from India on this issue, and U.S. analysis regarding Prime Minister Dessai's assurances.

We ask that the records requested above be made available for inspection and copying at the Department's Reading Room, GA 152, Forrestal Building, 1000 Independence Avenue, S.W., Washington,

^

D.C.

At such time es the records requested are made available, we will determine wheth,cr we will want any of the records re-produced.

We believe that this request is "in the public interest, because furnishing the information can be considered as primari?y benefitting the public," and that any applicable fees should there-for be reduced or waived as permitted under the amended Freedom of Information Act.

The documents requested are relevant to the public proceeding scheduled to be held with respect to application l

to ship special nuclear material to TAPS.

The documents requested will proyide needed background and bases for assessing the issues raised by the pending export license application.

Their production will facilitate the formulation of issues for the written comments to be submitted and otherwise enhance the opportunity for a more complete discussion of the issues by all participants.

If you determine that some or all of the records requested from release, then state which_ exceptions you believe are exempt j. cover the materials you are not; releasing.

In this, connection,

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p..we advise.you that we are prepared, if~nece'ssary, to execute an appropriate protective agreement with respect to any confidential or proprietary document, or, if the document requested falls within the categories specified in 10 C.F.R. 5202. 9 (a) (1), (3), or (5), or S709.9 (a) (1), (3), or (5), to abide by such protective orders or agreements as the Department 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 determin'ed to be exempt are " reasonably segregable" as'provided in the amended Act.

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• It is our intent that this Freedom of Information Act request benefit all members of the public interested in the TAPS export license application XSNM-1222 and the public proceeding which has been scheduled to consider that application.

As provided for in the amended Freedom of Information Act, we will expect to receive a reply within ten (10) working days.

We urge that the documants

{beproducedasquicklyaspossibleastheybecomeavailablein light of the fast-approaching deadlines for submission of written

' comments in the XSNM-1222 proceedings.

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Milton Jordan 19 December 1978

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If you have any questions concerning this request, we would appreciate your contacting us by telephone to expedite consideration of this matter.

l Sincerely, Clifton E.

Curtis

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James N. Barnes Counsel for Natural Resources Defense Council, Inc., Sierra Club, and Union for Concerned Scientists

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