ML20024A210

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Forwards Undisputed Portion of Response to Re IAEA Safeguards Sys,Supplementing Commission
ML20024A210
Person / Time
Issue date: 03/04/1982
From: Bradford P
NRC COMMISSION (OCM)
To: Dingell J, Hart G, Ottinger R
HOUSE OF REP., HOUSE OF REP., ENERGY & COMMERCE, SENATE
Shared Package
ML20024A198 List:
References
FOIA-82-334 NUDOCS 8306160118
Download: ML20024A210 (2)


Text

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March 4, 1982 l

CFFt0E oF THE cc:..ussionsa l

P The Honorable Richard L.

Ot ting e r Chairman Subcommittee on Energy Conservation and Power Committee on Energy and Commerce U.S.

House of Representatives Washington, D.C.

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Dear Mr. Chairman:

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In light of tee difficulty that I am having with Executive Branch censorship of my response to your November 25 letter, I

. thought that I should supply the enclosed undisputed po.rtion of that response as a supplement to two answers in the Commission's letter of March 2.

S ince r ely,

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l Peter A. Bcadford Commi ssione r

Enclosure:

Supplement to NRC letter of.

March 2, 1982 cc:

Representative Carlos Moorhead o

(IDENTICAL LETTERS SENT TO SENATOR HART AND CONGRESS!MN DINGELL) cc:

Chairman Pal.ladino Commissioner Gilinsky Commissioner Ahearne Commissioner Roberts

\\ Samuel J. Chilk 2

Forre.st Remi k E

Leonard 5ickwit

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Carl ton Kar. merer 8306160118 830401 PDR FOIA GREENBES2-334 PDR

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  • SUPPLEMENT TO THE NRC LETTER OF MARCH 2,.1982 QUESTIONS:

Does the NRC explicitly consider'the adequacy of international safeguards in export licensing decisions?

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Should the NRC continue to rely on the IAEA safeguards system in licensing exports from the U.S.

of nuclear materials and equipment?

ANSWER:

Commissioner Bradford feels that the current shortcomings at the International Atomic Energy I

Agency have more drastic implications for NRC export licensing than the Commission letter i

indicates.

He believes that Criterion One does require the NRC to consider safeguards adequacy, at least to the extent tha t it may not find the criterion met if it knows the safeguards in the

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recipient country are likely to be ineffectual.

The presence of IAEA safeguards has supported a presumption of adequacy which satisfied Criterion One, but the shortcomings alluded to in the Commission's November 27 letter are serious enough to undermine that presumption.

In his view, all exports to on-line refueled l

heavy water reactors and all exports that will I

result in reprocessed plutonium that the U.S.

will allow to be transferred to or remain in a non-weapons state do not satisfy Criterion One.

Because there is not reasonable assurance that they will effectively be safeguarded, the NRC cannot find that safeguards apply to them.

Consequently, approval of such exports can o'nly come f rom the President under the framework provided by the Nuclear Nonproliferation Act.

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