ML19305B455
| ML19305B455 | |
| Person / Time | |
|---|---|
| Issue date: | 01/31/1980 |
| From: | James Shea NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP) |
| To: | |
| Shared Package | |
| ML19305B456 | List: |
| References | |
| TASK-IR, TASK-SE SECY-80-063, SECY-80-63, NUDOCS 8003190687 | |
| Download: ML19305B455 (2) | |
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UNITED STATES NUCLEAR REGULATORY COMMISSION SECY-80-63 January 31, 1980 WASHINGTCN, D. C. 20555 INFORMATION REPORT For:
The Comissioners From:
James R. Shea, Director Office of International Programs
,o Thru:
Executive Director for Operations B.* f A f(
Subject:
APPROVAL OF A PROPOSED LICENSE TO EXPORT SOURCE MATERIAL TO FRANCE FOR ENRICHMENT (SECY-79-640A)
Purcose:
To advise the Comission of new information regarding this request.
Discussion:
By SECY-79-640A (December 27, 1979), the staff recomended that l
the Comission (1) approve the subject request, (2) note that, when consulted by DOE, the staff would indicate that NRC had no objection to the related section 402(a) and 10 CFR 810 authorizations (mentioned by State in the Executive Branch views submitted to NRC), and (3) note that the staff would not issue the license until these authorizations were approved.
Subsequent to submitting the subject case to the Ccmmission for action, the staff again reviewed this request.
In the course of this review the staff determined that the request did not involve Part 810 matters. The IP staff then advised the Executive Branch accordingly.
(There was some confusion in the Executive Branch as to the origin of the Part 810 consideration; hcwever, both State and 00E now agree that this request does not require authorization under Part 810; no such authorization is being considered.)
The staff also reviewed the provisions of Section 402(a) of the NNPA and determined that there is no requirement +. hat the enrich-ment of this material be authorized prior to its export.
This section does require, however, that the Secracaries of State and Energy detemine whether any comitments from the recipient (France) are necessary, prior to the submission of Executive Branch views on such exports.
This matter was brought to the attention of State and 00E.
As a result, 00E has advised IP that it is in the process of determining that "no comitments" are necessary frem France l
prior to U.S. approval of the enrichment of this mater,ial.
- State, I
Contact:
W. Upshaw, IP (.192-8155) l 80031904%7
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The Comissioners 2
Discussion:
which was initially unfamiliar with this requirement, has (Continued) agreed also to make such a determination and to provide appro-priate Executive Branch views in this regard.
(See attached Shea/Nosenzo letter of January 21).
Further, Section 402(a) requires that approval of the enrichment be handled under the procedures established for subsequent arrangements.
Since this is merely a procedural matter tnd the staff has considered the enrichment of this meterial in its overall review, the staff believes that additional review of DOE's enrichment approval, including publication of the Federal Register notice, is not necessary. There is no legal requirement for completion of section 131 procedures before approval of the license.
In view of the foregoing, the staff recommends that the Comission defer action on this request pending receipt of the aforementioned determinations. At that time the staff plans to forward an appropriate recomendation to the Commission along with any infomation provided by the Executive Branch in connection with its findings under Section 402(a) of the NNPA.
Coordination:
ELD has no legal objections.
y,p, 3 i 1980 James R. Shea, Director Office of International Programs
Enclosure:
Letter to Nosenzo from Shea dated 1/22/80 DISTRIBUTION Comissioners i
Comission Staff Offices Exec Dir for Operations Secretariat l
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