ML19325D446

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Carr Response to Markey Re Tritium shipper- Receiver Discrepancies
ML19325D446
Person / Time
Issue date: 07/21/1989
From: Carr K
NRC COMMISSION (OCM)
To: Markey E
HOUSE OF REP.
Shared Package
ML19325C171 List:
References
MARKEY-890721, NUDOCS 8910240120
Download: ML19325D446 (1)


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Hasi the NRC" assisted -in:l investigating any other tritium 2

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shipper-receiver discrepancies during-the last five years?.

If:so, please provide!a list of Lthe parties involved. the amount of tritium, and the results of NRC's investigation

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-into-each' discrepancy.

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-ANSWER:

I The' NRC has not assisted in investigating any othir tritium shipper-receiver.

discrepancies _during'Lthe last five years.

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8910240120 890029 PDR C OMIT 2 NRCC CORRESPONDENCE PDR

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The: Honorable Kenneth M.

Carr=

Chairman Nuclear. Regulatory Commission 1717 H Street,.N.W..

Washington, D.C.

20555

Dear Chairman Carr:

I.am writing you regarding a July 10, 1989 memorandum sent to the-Commission by NRC staff regarding-tritium shipper-receiver discrepancies in shipments to Self-Powered Lighting, Inc.Lof'Elmsford,.New York for export to Surelite Ltd.,.of North Hamptonshire, England.

This memorandum indicates that discrepancies have arisen which NRC staff believes are of a l

magnitude to '? pose a ' potential concern from-the standpoint of:

E both-safety.and non-proliferation."

The NRC staff memorandum indicates that the Department of Energychas requested NRC's assistance in investigating shipments-made to these. firms because "a significant shipper-l receiver difference, totaling more'than-25,000 curies,.has

. accumulated for deliveries made to date, with some individual differences being as large as 40 percent."

The memorandum also

' indicates that "the possibility exists that there may be

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shippar-receiver differences between ORNL and domestic licenses that purchase-tritium from DOE."

.Those discrepancies.are of serious concern to me, in as much as they raise the possibility that 11.S.-produced tritium may have been lost and possibly diverted for use in nuclear weapons.

In 7

i addition, the discrepancies raise larger questions about the adequacy of current safeguarda on and regulation of tritium sales and: exports.

Earlier this year, I asked the NRC several questions regarding tritium exports in conjunction with the Energy and Power i

L Subcommittee's February 28, 1989 hearing on the NRC budget.

At that time, Commission assured me that, "the NRC is satisfied

'that existing U.S.

Government export control measures for tritium are adequate."- The NRC staff memo regarding the tritium discrepancies raises questions regarding whether those measures are in fact adequate.

In order to better understand the facts surrounding the tritium

. discrepancies ctrrently under investigation and their broader implications, I would appreciate the NRC's assistance N,

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zThe Honorable Kenneth M.-Carr l July l21,-1989!

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and. cooperation in answeringEthe:following questions:-

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When'and how'did the NRC learn of the tritium shipper-'

receiver' discrepancies referred to in the July 10, 1988 staff:

. memorandum?' What responsibilities will the NRC have'in

' investigating:these discrepancies?-

2..

It is my understanding that both Self-Powered Lighting, Inc. and Surelite,.Ltd. have outstanding, tritium orders with.

DOE..Will further. shipments to those firms be suspended

.pending completion of.the NRC's investigation?

If not, please

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explain why the NRC would permit such shipments to continue.and what: specific; measures are being-taken to avoid further

' discrepancies.

3.

Does the-NRC have any proof that the missing 25,000 curies of tritium have not been retransferred without proper

. authorization'or diverted or tLat this tritium is not currently.

go posing a risk to public health?

4.

.TheTNRC-staff memo indicates that "there are'no'present NRC.

requirements'for safeguarding tritium."

If thic is the case,

-how could NRC be confident that " existing U.S. Government-export control measures are adequate" -- as NRC told me earlier this year?

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5.

Does-NRC believe there may be a need for a NRC requirement

-for safeguards on tritium, given-the fact that it is a key 1 component of modern nuclear weapons?

If not, why not?

If so, i

what form should these: safeguards take?

j' 6..

It'is my understanding that-licenses issued by the NRC for-D domestic sales of tritium include provisions for:-

(1) records E

of receipt, transfer, and disposal of the material; (2) reports I:

.of theft or unlawful diversion; (3) inspe: tion of records kept 4

pursuant to the license; and (4) tests of the material, facilities, monitoring instruments, etc.

La NRC licenses for exports of tritium include the same requirements?

If not, how can'the NRC be sure that exported tritium is not improperly transferred or diverted from peaceful uses?

'7.

The NRC staff memo also states that "the possibility exists that there may be shipper-receiver differences between ORNL and domestic licensees that purchase tritium from DOE."

What is the basis for this statement and which domestic licensees are E

being investigated?

8.

Has the NRC assisted in investigating any other tritium

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- shipper-receiver discrepancies during the last five years?

If so, please provide a 21st of the parties involved, the amount

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The Honorable Kenneth M. Carr m

. July;21, 1989; P a g e -

L of tritium, and the results.~of NRC's investigation into"eachi

~~ discrepancy...

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,1 In addition, I would appreciate-it if you could-keep-me fully.

informed;regarding the NRC' staff's investigation and any-t' findings and:rocommendations.

.I appreciate your-assistance and cooperation in this matter.

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request that-'you: provide a-. response to these questions within.

-ten working days',.or no later than August 10, 1989.

If'you

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cannot: provide a; full response by that time,-I.would appreciate-

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it if you could provide an interim response indicating when a-final response can be provided.. Should youfhave any questions-

-about.this request, please contact Mr. Jeff Duncan of my staff.

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~With best wishes,-

Sincerely, c'

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j..w Edward J.

key-Member of Congress-

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