ML20009D297
| ML20009D297 | |
| Person / Time | |
|---|---|
| Issue date: | 05/21/1981 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| Shared Package | |
| ML20009D287 | List: |
| References | |
| FOIA-81-212 S81-170, NUDOCS 8107230346 | |
| Download: ML20009D297 (3) | |
Text
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IN RESPONSE d,
- o UNITED STATES REFER TO S81-170 NUCLEAR REGULATORY COMMISSION g
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OFFICE OF THE ~
-3ECRETARY MEMORANDUM FOR:
William J.
Dircks, Executive Director for Operations n
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FROM:
Samuel J.
Chilk, Secret r
SUBJECT:
SECY-81-170 - CRITERION 1
& TERMINATIONS IN EXPORT LICENSING
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This is to advise you that the Commission (with three
' Commissioners disapproving) has. disapproved your recommendation for Option 4, which seeks Congressional clarification as to the meaning.of Criterion 1 of Section 127 of the Atomic
. Energy Act, as amended.
In addition to approval of seeking Congressional' clarification, His comments are attached.h,k, d' g Commissioner Ahearne provided g
approval essentially of Option 3.
.y In connection with his disapproval, Chairman Hendrie voted for Option 3.-
In connection with his disapproval, Commissioner.
Gilinsky-provided the following comment:
"I interpret the law as saying that if IAEA safeguards apply, there is a presumption of adequacy, but the NRC has the independent obligation to check up on the functioning of these safeguards as best it can and in the event inadequacies are manifested, the NRC should act on that information."
Pending any further action by the Commission the staff should continue their present procedures.
The Offices of Nuclear Material. Safety and Safeguards and
-International Programs were informed of this action by telephone on May 8, 1981.
Attachment:
As Stated cc:
Chairman Hendrie Commissioner Gilinsky Commissioner Bradford Commissioner Ahearne Commission Staff Offices
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-PDR FOIA 7
KNAPIK81-212 PDR.
L N 0 T A T I O IL V_D_LE RESPESLSBEEI TO:
SAMUEL J. CHILK, SECRETARY OF THE COMMISSION i
FROM:
COMtMSSIONER GILIrtSKY SUBJEUT:
SECY-81-170 - CRITERION 1 DETERMINATIONS IN EXPORT LICENSING APPROVED DISAPPROVED ABSTAIN NOT PARTICIPATING REQUEST DISCUSSION COMMENTS:
I interpret the law as saying that if IAEA safeguards apply, there is a presumption of adequacy, but the NRC has the independent obligation to check up on the functioning of these safeguards as best it can and in th'e event inadequacies are manifested, the NRC should act on that information.
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'STEbluRE NI u
DAIE SECRETARIAT NOTE:
PLEASE ALSO RESPOND TO AND/OR COMMENT ON OGC/0PE MEMORANDUM IF ONE HAS BEEN ISSUED ON THIS PAPER.
flRC-SECY FORM DEc 30
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N 0 T-A T I 0 N V0TE RESPONSE SHEET T0:
SAMUEL J. CHILK, SECRETARY OF THE COMMISSION FROMs COMMISSIONER BRADFORD
SUBJECT:
SECY-81-170 - CRITERI0ft 1 DETERMINATIONS IN EXP0RT LICEfiSING
' APPROVED DISAPPROVED 7 ABSTAIN NOT PARTICIPATING
' REQUEST DISCUSSION COMMENTS:
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DALE SECRETARIAT NOTE:
PLEASE-ALSO RESPOND TO AND/0R COMMENT ON OGC/0PE MEMORANDUM IF ONE HAS SEEN ISSUED ON THIS PAPER.
NRC-SECY FORM Dec. 80
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