ML19289C415
| ML19289C415 | |
| Person / Time | |
|---|---|
| Site: | 07002738 |
| Issue date: | 12/19/1978 |
| From: | Barnes J, Curtis C CENTER FOR LAW & SOCIAL POLICY |
| To: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| Shared Package | |
| ML19289C417 | List: |
| References | |
| FOIA-78-346 NUDOCS 7901120155 | |
| Download: ML19289C415 (5) | |
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J.M. Felton, Director fy a p -/ p _ ])
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l United States Nuclear Regulatory Commission Room 4210, Maryland National Bank Bldg.
7735 Old Georgetown Road Bethesda, MD 02214 i
Export of Special Nuclear Material to India (XSNM-12 2 2) --
Request for Production of Documents 6
Dear Mr. Felton:
This is a request under the Freedom of Information Act, as amended (5 U.S.C.
S552), for access to the records specified below.
The Nuclear Regulatory Commission (the " Commission"), in its Order of December 8, 1978, in EDLOW INTERNATIONAL COMPANY (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 making 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 advised by the terms of the Commission's Order that written comments should be 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.
On May 14, 1976 the Petitioners presented a similar request to the Commission for production of specified documents concerning the export of spccial nuclear materials to India pursuant to License Application Nos. XSNM-805 and XSNM-845 (Docket Nos. 70-2071 and 70-2131).
(A copy of that request is attached.)
That request was made as the result of the Commission's May 7, 1976 Order
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s J.M.
Felton 19.Docombo. 1978 page 2 f
advising the Petitioners that discovery in connection with the hearings to be held on the license application could be made i
" 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.
Given the similarity of our May 14, 1976 request to the request herein made, this request should be considered supplemental thereto.
Where the requests specified below are substantively the same as those previously made, the request for production should be deemed to refer to documents not previously made available.
With that qualification, we hereby request access to any and all written reports, memoranda, studies or other documents in the custody of the Commission or Commission personnel with respect to:
(1)
Existing safeguards applicable to special nuclear materials shipped to the Tarapur Atomic Power Station
(" TAP 3"),
as well as the safeguards experience at TAPS; (2)
The consideration of revised or new safeguards applicable to special nuclear materials shipped to TAPS resulting from the IAEA's Special Safeguards Implementation Report of 1977 and 1978; (3)
The possibilities of retrieval by the United States of special nuclear material from TAPS, including contingency plans, if any, in the event that India took actions inconsistent with its Agreement for Cooperation Between the 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), license conditions, the Nuclear Non-Proliferation Act of 1978 ("NNPA"), or other assurances to the United States; (4)
The nature of facilities other than the TAPS reactors within India, the safeguards applicable thereto, and the relation-ship of those facilities to TAPS; (5)
The nature and extent of physical security measures for the handling of special nuclear material intended for TAPS; (6)
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;
J.M.
Felton 19 December 1978 page 3 (7)
India's weapons development capability ano plans and its external and internal political situation as they relate to (a) the risks that special nuclear material supplied to Tarapur may 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; (8)
The effect of continued shipment of special nuclear material to TAPS on the non-proliferation policy of the United 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 nuclear weapons development; (10)
The effect of India's failure to commit itself absolutely to refrain from the development of further nuclear explosive de-vices on U.S.
non-proliferation policy as set forth in the NNPA; (11)
The effect of India's failure to accept safeguards on all its nuclear facilities on U.S. non-proliferation policy as set forth in the NNPA, as well as voon India's ability to develop nuclear weapons in unsafeguarded facilities; (12)
India's plans 'or developing national enrichment and reprocessing facilities; (13)
The effect on the absence of Indian agreement, at this time, on safeguards and physical requirements for future reproces-sing cf 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; (14)
The effect of the absence of physical security requirements applicable to the operation of TAPS on the possibility of sabotage, terrorism or theft; (15)
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, and the expected time frame for using any cuch fuels which have not yet been sent or used within India; and
J.M.
Felton 19 December 1978 page.4 (16)
The capability and likelihood that India will construct, test and/or use nuclear explosive devices, including the text of 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 Commission's Public Document Room, 1717 H Street, N.W.,
Washington, D.C.
At such time as the records requested are made available, we will determine whether we will want any of the records reproduced.
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-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 to ship special nuclear material to TAPS.
The documents requested will provide 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 d.scussion of the issues by all participants.
If you determine that some or all of the records requested are exempt from release, then state which exceptions you believe cover the materials 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 proprietary document, or, if the document requested falls within the categories specified in 10 C.F.R.
S 2. 790 (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 deter-mined 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 application XSNM-1222 and the public proceeding which has been scheduled to consider that application.
As provided for in the anended Freedom of Information Act, we will expect to receive a reply within ten (10) working days.
We urge that the documents be produced as quickly as possible as they become available in light of the fast-approaching deadlines for submission of written comments in the XSNM-1222 proceedings.
J.M.
Felton 19 Ddcember 1978 page 5 If you have any questions concerning this request, we would appreciate your contacting us by telephone to expedite consideration i
of this matter.
Sincerely,
\\
r Clift 1 Curtis t
M Ja,es Barnes Counsel for Natural Resources Defense Council, Sierra Club, and Union of Concerned Scientists i
Attachment
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