ML20004E176
| ML20004E176 | |
| Person / Time | |
|---|---|
| Issue date: | 05/26/1981 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| References | |
| TASK-PINV, TASK-SE SECY-81-331, NUDOCS 8106110303 | |
| Download: ML20004E176 (3) | |
Text
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e,. sA May 26, 1981 i
SECY-81-331 POLICY ISSUE Bo,q o
(Notation Vote) gJ161 4
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5 NN 051981 kg For:
The Commissioners
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Williant J. Dircks
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Executive Director for Operations 4
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Subject:
EXECUTIVE BRANCH RESPONSE ON PROPOSED EXP0RT OF COMP 0NENTS TO INDIA, XCOM0502
Purpose:
Commission review of proposed denial of subject export license to Reuter-Stokes, Inc.
Review Dates:
60-day period expires on July 15, 1981 120-day period expires on September 15, 1981 11scussion:
On March 1, 1981 Reuter-Stokes, Inc. applied for a license to export 36 self-powered neutron detectors valued at $62,358 to India's Department of Atomic Energy for use at the Narora Nuclear Power Reactor facility (Appendix A).
The twin reactors are CANDU designed (heavy water moderated reactors) still under construction.
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In response to our request for views on the proposed export, the Executive Branch returned the application without action on May 19, 1981 with the conclusion that the pro-posed export does not meet the requirements of the Atomic Energy Act of 1954, as amended, for the export of nuclear components because the Narora facility is not under IAEA safeguards (Appendix B). While the staff agrees with the Executive Branch's conclusion, the staff believes that the export license application should be denied rather than returned without action since the licensing requirements in Section 109b of the Atomic Energy Act of 1954, as amended, clearly are not met.
State prefers that the application be i
returned without action; however, they have no objection to our denying the proposed export. A draft of the proposed i
denial letter to Reuter-Stokes is enclosed at Appendix C.
CONTACT:
E.0. Hemby, IPEI 49-27984 l
8106110 %D
The Comissioners (Continued) 2ecomendation:
That the Comission authorize the denial of the requested export license to Reuter-Stokes, Inc. as proposed in the draft letter.
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Executive Director for Operations Appendices:
Appendix A:
(Application dtd.03/01/81)
Appendix B:
(Exec. Branch response dtd.
05/18/81)
Appendix'C:
(Proposed Draft Ltr. to Reuter-Stokes)
Comissioners' coments should be provided directly to the Office of the Secretary by c.o.b. Wednesday, June 3, 1981.
Comission Staff Office comments, if any, should be submitted to the Comissioners NLT May 29, 1981, with an information copy to the Office of the Secretary.
If the paper is of such a nature that it requires additional time for analytical review and comment, the Comissioners and the Secretariat should be apprised of when coments may be expected.
DISTRIBUTION:
l Commissioners Comission Staff Offices l
Exec Dir for Operations Secretariat i
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e APPENDIX A i
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FORPEH8C U.S. NUCLEAR REGULATORY COM.'.ilSSION l APPROVED BY CAO g
Yo cs'R iio APPLI..flON FOR LICENSE TO EXPORT NbEAR s.m22stR03s2i MATER lAL AND EQU1PMENT (seeinstructionson Reverse)
- 1. APPLIC ANT *S la. DATE OF APPLICATION
- b. APPt.lCANT'S REFERENCE 2.NRC l a. LICENSE NO.
D. DOCKET NO.
uSs th Jut g i enh a3
~4 1.81 OE-8133 USE
- 3. APPLICANT *S NAME AND ADDRESS l RIS
- 4. SUPPLIER'S NAME AND ADDRESS RIS (compiere itspoticant is not supatter or materials Reuter-Stokes, Inc.
B. 5TREET ADDRESS a NAME 18530 So. Miles Parkway Reuter-Stokes Canada Ltd.
- c. CITY STATE ZIP CODE tr. STREET ADDRESS Cleveland Ohio 44128 465 Dobbie Drive
- s. T E m%P HON E N U M B E R (Area Coce - // umber - Estension)
- c. CITY STATE ZIP CODE 21ti-581-9400 Ext. 205 Cambridae, Ontario
- anada NIR 5X9
- 5. FIRST SHIPMENT
- 6. FINAL SHIPMENT '7. APPLICANT'S CONTRACTUAL 8. PROPOSED LICENSE
- 9. U.S. DEPARTMENT OF ENERGY SCHEDULED SCHEDULED DELIVERY DATE EXPlRATION DATE CONTRACT NO. (If Known) 18 months frcm 12-81 Same as 5 Same as 5 date of insuranc e
- 10. ULTIMATE CONSIGNEE l R!3
. 11. ULTIMATE END USE l'C a.NAME (Includeplant or facitity name).
Covernment of India Deot. of Enercy
- e. STREET ADDRESS Narora Atomic Power 3rd Floor Mohatta Buildino Project for flux mapping
- c. CITY - STATE - COUNTRY Bombay, India 400 001 11a. EST.DATE OF FIRST USE
- 12. INTERMEDIATE CONSIGNEE
-l 5113 -
- 13. INTERMEDIATE END USE l
cNAuE Electronic Enterprises
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- SnEET ADDRESS Regal Industrial Post Bag No. 6367, Unit 216 Estate
- e. CITY - STATE - COUNTRY
[) [] ~/ h Acharya Donde Marg Sewrf, Bombay 400 015 33s EsT. DaTE Og riRsf usE
- 14. INTERMEDIATE CONSIGNEE l R:S
- 15. INTERMEDI ATE END USE l
NAME n N 3F3T'3
- b. STREET ADDRESS
- c. CITY - STATE - COUNTRY 15a. EST. DATE OF FIRST USE 16.
- 17. DESCRIPTION
- 18. MAX. ELEMENT 19. M AX. 20. MAX 21.
NR US _C (Inclurje chemicatandphysicar form ornuclear materiai;gost doriar vatur of nuclear roumanent and con.conenry)
VIEICHT WT. %
ISOTOPE WT.
UNIT e
Cobalt Self Powered Neutron Detectors 4lo bbS 5 units 0 $1,778.00 :
j Vanadium Self Powered Neutron Detectors 30 units 0 $1,723.00 = 3g, m uk p)3
- 22. COUNTRY OF ORIGIN.-
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- 23. COUNTRY OF ORIGIN SNM l
- 24. COUNTRIES V/HICH ATTACH l
SOURCE MATERIAL VIHERE ENRICHED OR PRODUCED SA FEGUARDS (t/ Known/
.R I
- 25. ADDITIONAL INFORMATION (Use separate sheeti/ncertsary/
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'Cc;y t c ?""1 c.Cd id'O N
2s. Tna appscant certire " r. 3. '7 6 2. %e) TITLE annatto For-kh e C $ 1 ~-,---a-~
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_ APPENDIX B J
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k DEPARTMENT OF STATE Q,
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t u:ro1H C 3 BUREAU OF OCEANS AND INTERNATIONAL ENVIRONMENTAL AND SCIENTIFIC AFFAIRS 15 MAY 1981 Mr. James R. Shea Director of International Programs United States Nuclear Regulatory Commission Room 6714 - MNBB Bethesda, Maryland
Dear Mr. Shea:
This letter is in response to the letter from your office dated March 18 1981, requesting Executive Branch views as to whether a proposed export, hereinafter described, meets the applicable criteria of the Atomic Energy Act of 1954, as amended by the Nuclear Non-Proliferation Act of 1978:
NRC No. XCOM0502 - Application by Reuter-Stokes Inc. to authorize export to India of 36 self-powered neutron detectors for flux mapping in the Narora Nuclear Power Plant.
The Executive Branch has reviewed this application and concluded that the requirements of the Atomic Energy Act, as amended by the Nuclear Non-Proliferation Act of 1978, have not been met in that there is no indication that India is prepared to accept the application of IAEA safeguards to the Narora facility.
On the basis of the foregoing, the Executive Branch is returning the license application without action.
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k John P. Boright Acting Deputy Assistant Secretary
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APPENDIX C
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j UNITED STATES 8 ?,ec j
NUCLEAR REGULATORY COMMISSION
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Reuter-Stokes, Inc.
Attn: Annette Eeckhout 18530 South Miles Parkway Cleveland, Ohio 44128 Gentlemen:
This is in referenc' to your application dated March 1,1981 for a license to export 36 neutron detectors to India for use at the Narora Nuclear Power Reactor facility (XCON0502).
The Executive Branch agencies have concluded that the proposed export does not meet the first licensing criterion in Section 109b of the Atomic Energy Act of 1954, as amended, for the export of nuclear equipment. This criterion requires the nuclear equipment to be under IAEA safeguards, and we have no indication that India has applied to the Agency to bring the Narora facility under safeguards.
Inasmuch as this requirement is not satisfied, your application for a license to export these items to India is denied.
Sincerely, James R. Shea, Director Office of International Programs
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