ML19274D839

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Commission Review of Ogc/Oia Rept,Inquiry Into Testimony of the Edo
ML19274D839
Person / Time
Issue date: 06/01/1978
From: Hendrie J
NRC COMMISSION (OCM)
To: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
Shared Package
ML19259B487 List:
References
NUDOCS 7902260260
Download: ML19274D839 (2)


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E9'dRAEU:4 FOR: ' Samuel J. Chit'<

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Recretary of th*esCc=ission

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FROM:

Joseph M. Hendrig.

COMMISSIO!! REVIEU OF CSC/0IA rep 0RT, " INQUIRY

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INTO TESTIMONY OF THE ED0" As a result.of its first meeting to review the subject report (May.11,1978), the Cemission has decided to implement in substance the recommendations made therein (p. 47-48, Vol. I}.

Hith regard to' Recc=$ndation 1., the Ccamission wishes to he briefed

. separately by the Federal Bureau of Investigation and the Geneal Accounting.0ffice en the progress and results to date of t:icir Mr. Federsen and Mr. Kelley investigations of'the RUMEC matter.

shoule'. attend, as should the CCO, Mr. Dircks, Dr. Volgenau, Mr. Davis, Mr. Smith, Mr. Eur.1ett, and perhaps cne or. two other officers of

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Mr. Burnett's Division, as he and Mr. Smith may think apprcpriate.~~

The EDO should be asked to arrange the briefings.

Hitf1 regard to Recommendaticns 2. and 3., the Cc=issica wishes to

. clarify 'its position on the "no evidence" statement as it pertains to NUMEC and related matters, and to make this position widely known to-the staf.f.

First, the statement "NRC has no evidence that any significant amount of strategic ShM has ever been stolen or diverted.," cn page 2 of the first inventory difference report, RUREG-0350, must be understcod to apply caly to the post-19'E8 period to which the report applies.

Second, with regard to the HUMEC matter itself, an appropriate characterization is that based en information available to the Commissica at the present time, there is no cccclusive evidence that a diverska of a significant

Third, amount of strategic SNM either did or did not take place.

the Commission believes that uncualified "r.o evidence" statements should be avoided in characterizing inventory difference matters, since even a zero inventory difference does not conclusively demcastrate that muterial has not been diverted.

Qualified "no

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evidence" statements shoul'd not imply a higher degree of cenf.idence

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The staff judgments as to the,

than the situation warrants.

possibility of theft ot-diversion of SM1 are based on a combination of factors, including physical security measures at a Tacility and material accounting and centrol measures, and should be characterized Fcurth, in dealing with pre-19C8 as jedements rather than proof.

safeguards data, staff statements shculd note that such data predate any regulatory staff activity and derive frca a pericd in unich sent.

safeguards measures were far less stringent 1;han at -

The staff should develop, for Commissica consideratica, a general statsment concensing the conclusions that can be made about theTt-and diversion of significant amounts of strategic SNM, based on the thove:.

Uith regard to Recommandation 4., 'he'Cc::,issicn wishes the staff

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to. identify instances of alleged successful thefts or diversions The list of such instances of strategic special nuclear material.

should include, to the extent possible, those mentioned by Mr. Ccnran in his July 29, 1977, testimony.

The list should he in a form suita-ble for" filing in the_ Public Document Recm, except that classifici information should be-segregated in a suitable classified supplement.

The Cc::aission believes a cccprehensive tabulation of such matters, along the lines of the recently prepared " threats list" is desirable.

Cc=tission discussions on other. mtters in ccnnection uith the Inquiry Report, including its findings and conclusicas, will take place at future meetings.

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Ccamissioner Gilinsky Commissioner Kennedy Ccmaissioner Bradford e

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