ML19296D010
| ML19296D010 | |
| Person / Time | |
|---|---|
| Issue date: | 11/13/1979 |
| From: | James Shea NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP) |
| To: | |
| Shared Package | |
| ML19296C882 | List:
|
| References | |
| REF-10CFR9.7 SECY-79-283B, NUDOCS 8002290208 | |
| Download: ML19296D010 (3) | |
Text
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November 13, 1979 ggcy 79."7c33 UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 INFORMATION REPORT Fer:
The Ccmnissioners From:
Janes 'i. Shea, Director Office of International Programs Thru:
Executive Direc:cr for Operations NL.
Subjer-
- XPORT OF CERTMN MINCR QUANTITIES CF NUCLEAR "ATERIAL (SECY 79-233)
Purecse:
To crovide the Ccmission additional infor ation regarding crocosed action to be taken i# acpreval is obtained to simolify licensing requirements for ex:ce: of certain quan:i-ties of nuclear material which do not have significance frcm a nuclear proliferation standcoin:.
Discussion:
By Ccmmission paper SECY 79-233 (Acril 20), IP forwarded for Ccmmission acticn, amendments of 10 CFR Part 110 to allow for simolified licensing requirements for requests involving certain minor quantities of nuclear material that lack sig-nificance from a nuclear prolifera:icn point of iaw.
In response to :his crocesal, Camissioner Bradford's of# ice raised questiens regarcing I?'s imciementation Of the crocosed minor quanticies amendments as related to specific licenses.* The staf#'s responses are as 'olicws:
1.
' dill Secticn 127 criteria be acclied to :he specific license apolications for minor cuantities of nuclear material for nuclear enc uses?
If so, how will staff make the recuisite findings if the material is not sent under an agreemen: for cooperation? ?cr example, how will the staff detemire that criterien 2 is met for a ron-NPT country?
The staf# plans c acoly Sec;i:n 127 cr teria to i
s.cecific license recuests for the export of miner quanti-ties of nuclear material for nuclea erd uses.
Contact:
'A. Upshaw, !? 'a?2-8155)
'SECY NCTE:
Ref me crandam f r:.-- T.R. Gibbcn to J. Shea (I?), subject:
SECY-79-233, cated October 29, 1979.
+ ~ 9 0 3o15 0
800e
. With regard to the supply of this material to both NPT and non-NPT parties, the staff notes that, while the forms and quantities involved in such exports are not of direct utility in nuclear explosives, some of these materials, as opposed to those proposed to be exported under the general license, can benefit certain nuclear research activities with potential military applica-tions.
In this regard, the staff plans to consider such requests from non-NPT parties on a case-by-case basis, subject to non-inimicality findinos.
In making these findings, the staff will consider the reliability of the applicant, based on available information and experience, and request additional assurances from the cognizant governments, as may be deemed necessary, to support a conclusion that all Section 127 requirements are met.
2.
Who will give assurances about the nonnuclear end use of minor quantities for which a specific license is required? If it is the applicant, would it be possi-ble for a non-NPT country to use the minor quantity in nuclear explosive research;without violating any international commitments?
As previously noted, there is no requirement that the NNPA criteria be met for tf e export of material for nonnuclear purposes. While it is possible that small quantities could be diver.ed for use in nuclear explo-sive research, the staff notes that the use of exported material for any purpose other than that specified in the license application would be a violation.
The staff would plan to continue approving such material for export after making a finding that the export would not be inimical to the common defense and security of the U.S.
Since the possibility of such diversions exists and since few exports of this nature would be made to non-NPT countries (based on our review of past records),
the staff proposes to obtain appropriate assurances or certifications from non-NPT parties with regard to Criterion 2.
Additional assurances regarding Section 127 criteria would also be requested, as required.
While no formal study has been conducted on the distri-bution of americium-241, views concerning alternatives for permitting the export of this material under a simplified procedure have been coordinated among
. offices within NRC.
The staff will forward its views to the Executive Branch shortly for comments.
The Commission will be kept advised of the results of this review.
The staff reaffirms its recommendation as provided in SECY 79-233.
Coordination:
CELD has no legal objection.
I I 4 1 1
,es R. Shea, Director ffice of International Programs DISTRIBUTION:
Commissioners Commission Staff Offices Exec. Dir. for Operations Secretariat