ML19344E552

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Provides Status of Gesmo Proceedings in Response to Requesting That Commission re-examine 1977 Decision to Terminate Proceedings W/Completion of Intl Nuclear Fuel Cycle Evaluation (Infce)
ML19344E552
Person / Time
Issue date: 08/08/1980
From: Hendrie J
NRC COMMISSION (OCM)
To: Marriott D
HOUSE OF REP.
Shared Package
ML19344E547 List:
References
NUDOCS 8009020212
Download: ML19344E552 (2)


Text

o UNITED STATES

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g NUCLEAR REGULATORY COMMISSION y

E WASHINGTON, D. C. 20055

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August 6, 1980

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CHAIRMAN Honorable Dan Marriott United States House of Representatives Washington, D.C.

20515

Dear Congressman Marriott:

This responds to yoJr letter of June 2, requesting that the Commission re-examine its 1977 decision to terminate the proceedings on the Generic Environmental Statement on Mixed 0xide Fuel (GESMO), now that the Inter-national Nuclear Fuel Cycle Evaluation (INFCE) has been completed. You also asked to know the current status of this matter.

On May 2, 1980, the Commission wrote to Stuart E. Eizenstat, Assistant to the President for Domestic Affairs and Policy, asking whether the Administration's non-proliferation policies had changed since Hr. Eizenstat, by letter of October 4, 1977, informed the Commission on behalf of the President that the Administration recommended termination of GESMO and recycle-related proceedings.

On July 14, 1980 Mr. Eizenstat replied to the Commission's May 2 letter, stating that the views expressed in the October 4, 1977 letter continue to represent the policy of the Administration. He further stated that "it is the view of the President that the :E910 proceedings should remain terminated and that a reopening of sESMO would be inimical to national security and contrary to the non-proliferation and foreign policy interests of the United States."

On August 7, 1980, the Commission issued an order, a copy of which is attached, describing this correspondence with Mr. Eizenstat and inviting the comments of the parties to the terminated proceedings and other interested persons on the GESM0-related issues now before the Commission.

g@090 2 i M

Honorable Dan fiarriott 2

In particular, the order invited views on whether the Commission should reopen GESMO and other recycle-related licensing proceedings; what if any actions the Commission should take regarding several license appli-cations which relate to the commercial. reprocessing of nuclear material; and whether the Commission should consider any other actions relating to this matter.

The Commission's order provided forty-five days for public comment after publication in the Federal Reaister. The Commission intends to act expeditiously on the matter once the comment period has 9xpired.

Sincerely, t

.eph M. Hendrie Acting Chairman

Attachment:

Commission Order dtd 8/7/80 i

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION f.

COMMISSIONERS:

John F. Ahearne, Chaiman Victor Gilinsky Joseph M. Hendrie Peter A. Bradford Docket Nos. RM 50-5 50-201 In the Matter of 50-332 50-564 MIXED OXIDE FUEL 50-1327 6

50-1432 j

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 (INFdE).

In early 1980 INFCE was completed.

On May 2, the Commission wrote to Stuart E. Eizenstat, Assi.etant 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 Administration.

He also stated:

"it is the view of the President that p

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2 the GESMO proceedings should remain terminated 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 Comission invites the parties to these proceedings and any other interested persons to provide comments to the Com-mission on the issues raised by the Eizenstat letter.

In particular, the Commission invites comments on:

whether the Commission should reopen GESMO and other recycle-related licensing proceedings;

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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 Ccmmission, Washington, D.C. 20555. Attention:

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

It is so ORDERED.

For t1e Commiss' n b

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SAMUEL J. CfnLK Secretary of tt(e Commission Dated at Washington, D.C.

this 7th day of August,1980.