ML19289C423
| ML19289C423 | |
| Person / Time | |
|---|---|
| Site: | 07002071, 07002131 |
| Issue date: | 05/14/1976 |
| From: | Frank R, Greenberg E National Resources Defense Council |
| To: | NRC OFFICE OF ADMINISTRATION (ADM) |
| Shared Package | |
| ML19289C417 | List: |
| References | |
| FOIA-78-346 NUDOCS 7901120163 | |
| Download: ML19289C423 (4) | |
Text
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FOR LAW
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POLICY May 14, 1976 u........,..
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Director, Office. f Administration in "
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Washington, D.
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20555 Export of Special Nuclear Material to India --
Request for Production of Documents
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 " Commission"), in its Opinion of May 7, 1976, in EDLOW INTERNATIONAL COMPANY (Agent for the Government of India on Application to Export Special Nuclear Material), License Application Nos. XSNM-805 and XSNM-84 5 (Docket Nos. 70-2071 and 70-2131), 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 documents in the custody of the commission or Commission personnel with respect to:
(1)
The negotiation and implementation of Article VI(c) of the 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 (the " Agreement for Cooperation");
(2)
The negotiation and implementation of the various provisionc of the Agreement for Cooperation which provide for subsequent United States approval of certain actions by the e
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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 contingency plans, if any, in the event that India 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;
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(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 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; (9)
The effect 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 I ' absolutely to refrain from the development of further nuclear explosive devices on U.S.
non-proliferation policy; (12)
The effect of India's f ailure to accept safeguards on all its nuclear facilities on U.S.
non-proliferation, policy, f
~as well as upon India's ability to develop nuclear weapons in I
unsafeguarded faci.lities; O
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India's plans for developing national enrichment and reprocessing facil'ities; (14)
The effect of the absence of Indian agreement, at this time, on safeguards and physical security requirements for future reprocessing of spent fuel on U.S. non-proliferation 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 on 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 embodied 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 occurrences, 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 time 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-fore be reduced or waived as permitted under the amended Freedom of Information Act.
The documents requested are relevant to the public hearing scheduled to be held with respect to applications
=[I to ship special nuclear material to TAPS.
The Commission has i
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stated that these hearings constitute an experiment "to reveal whether broader participation can assist the Commission 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.
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'Their production will facilitate 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 fees for search, we agree to pay fees up to $200 for the cost of searching.
If th'e cost of the search is in excess of that amount, we expect to be promptly so advised as provided in 10 C.F.R. 59.14 (b) (5).
If you determine that some or all. of the records requested are exempt from release, ;we sould appreclatd'> your stati$g 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 proprietary document, or, if the document requested falls within the categories specified in 10 i
C.F.R. S2. 7 9 0 (1), (2), (3), to at;ide by such protective orders or agreements as the Commissior. may deem appropriate.
Finally, if l
you determine that some portions of the requested records are ex enip t, we ask that you make available the remainder of the records, to the extent that the records determined to be exempt I
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 I
export license applications and the public hearing scheduled to consider such applications. We urge that the documents be produced
' as quickly as possible as they become available.
As provided for in the amended Freedom of Information Act,
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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 l
Richard A.
Frank
_, - t Counsel to the Natural Resources Defense e.,uncil, Inc., the Sierra Club, an the Union of concerned Scientiscs e
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