ML19331B567

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Order Inviting Parties to Submit Views Re Reopening of Gesmo Proceedings,Commission Action Re License Applications & Possible Consideration of Other Actions
ML19331B567
Person / Time
Site: West Valley Demonstration Project, 05000564, 07001729, Barnwell
Issue date: 08/07/1980
From: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
To:
References
RULE-RM-50-5 NUDOCS 8008120441
Download: ML19331B567 (2)


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- g UNITED STATES OF AMERICA cy NUCLEAR REGULATORY COMMISSION t

COMMISSIONERS:

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John F. Ahearne, Chaiman Victor Gilinsky

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Officsof te Joseph M. Hendrie 9

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In the Matter of MIXED OXIDE FUEL

" 50-137,7 50-14,2 50-1821 ORDER On December 23, 1977 and May 8,1978 the Commission issued orders teminating GESMO and recycle related proceedings.

See CLI-77-33, 6'NRC 861 and CLI-78-10, 7 NRC 711.

In those orders the Commission committed itself to reexamine its decision following the completion of the Inter-national Nuclear Fuel Cycle Evaluation (INFCE).

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In early 1980 INFCE was completed. On May 2, the Commission wrote to Stuart E. Eizenstat, Assistant to the President for Domestic Affairs and Policy, requesting the Administration's views on whether its nonpro-liferation policies had changed since October 4,1977, the date Mr. Eizenstat, speaking on behalf of the President, had recommended to the NRC that it teminate GESMO and recycle related proceedings. The Commission also requested the Administration's views on whether the GESMO proceeding should be reopened.

On July 14, 1980 Mr. Eizenstat responded asserting that the views expressed in his letter of October 4,1977 continue to be those of the "it is the view of the President that [,,e /.

Administration. He also stated:

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, the GESMO proceedings should remain tenninated and that a reopening of GESMO would be inimical to national security and contrary to the non-proliferation and foreign policy interests of the United States".

Before making its decision the Commission invites the parties to these proceedings and any other interested persons to provide comments to the Com-mission on the issue.s raised by the Eizenstat letter.

In particular, the Commission invites comments on:

whether the Comission should reopen GESMO and other recycle-related licensing proceedings; what action, if any, the Commission should take regarding the license applications listed above which relate to the commercial reprocessing of nuclear material; whether the Commission'should consider any other actions related to this subject.

Comments should be submitted to the Secretary, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555. Attention:

Chief, Docketing and Service Branch by September 29, 1980.

It is so ORDERED.

For t1e Commiss n b

m i-SAMUEL J.

CRILK Secretary of tf(e Commission Dated at Washington, D.C.

l this 7th day of August,1980.

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UNITED STATES f--

NUCt. EAR RE2ULATORY COMMISSION k$*50-5.

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a wAsnimorow,o.c.mosas May 2, 1980 CHAIMAN N

DOCKETED asum Mr. Stuart Eizenstat 2

Assistant to tha President for gay 12135 > 75 Domestic Affairs and Policy m ms esame The White House ademy a sace 0

Branch Washington, D. C.

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Dear Mr. Eizenstat:

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On May'5,1977, the Nuclear Regulatory Comissien wrote to President Carter.

requesting viess on the relationship.between the Administration's nuclear nonproliferation policies and ongoing Comission proceedings relating to the.

Generic Environmental Statement on Mixed Oxide Fuel (GESMO) and the review of plutonium recycle related license applications.

On October V1977, you replied on behalf of the President recomending that the Comission terminate staff reviews and hearings relating to recycle activities, ceny -interim licensing of fuel ;.ycle facilities, and deny interim licensing of the use of mixed oxide fuel in reactors, except in small quantities for experimental purposes.

On December 23, 1977, the Comission issued an opinion terminating GESMO and recycle related licensing preceedings.

The Comission comitted itself to the reexamination of this issue after the completion of the International Nuclear Fuel Cycle Evaluation (INFCE) and any revisions of the Administration's policies.

INFCE has now been completed. The' Administration's views will be an important element in the Comission's decision whether to reopen these proceedings.

Therefore, we request that the Administration provide us its views on:~

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whether the results of INFCE or ever.ts since October 1977 have led to a change in Administration nonproliferation policies; and whether the positions expressed in the October 1977 letter continue to be those of the Administration.

We.would also request any coments or recomendations the Administration may have regarding reopening the GESMO proceedings.

We appreciate your cooperation.

Sincerely,

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John F. Ahearne

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