ML20042F519

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Approved & Disapproved in Part Ballot on SECY-90-100 Re DOE 10CFR810 on Sensitive Nuclear Technology Determinations
ML20042F519
Person / Time
Issue date: 04/02/1990
From: Curtiss J
NRC COMMISSION (OCM)
To: Chilk S
NRC OFFICE OF THE SECRETARY (SECY)
References
NUDOCS 9005090019
Download: ML20042F519 (2)


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N0TATION V 0 TnEuEASED TO THE PDRl

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RESPONSE SHEET ~

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.......................o TO:

SAMUEL J. CHILK, SECRETARY OF THE cot + FISSION FROM:

COW 4ISSIONER CURTISS

SUBJECT:

SECY-90-100 - DOE 10 CFR PART 810 SENSITIVE NUCLEAR TECHNOLOGY DETERMINATIONS X

X APPROVED in part DISAPPROVED in part ABSTAIN Nor PARTICIPATING REQUEST DISCUSSION C0H4ENTS:

I approve the proposal to maintain our current position that the issue of whether a particular Part 810 transfer involves sensitive nuclear technology (SNT) is to be determined solely on the basis of an evaluation of the inherent nature of the information or technology that is the subject of the transfer.

I

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also approve the proposal to advise Secretary Watkins of the Commission's position in this regard, and would modify the l

staff's proposed letter as shown on the attached mark-up for that l

purpose.

However, I do not approve the proposal that the NRC l

discontinue its practice of expressing these views on SNT determinations in its consultations with DOE on Part 810 nuclear

~te'chnology export requests.

'Although we may not~soon convince DOE to modify its views, we ought to continue to express our views on this matter whenever the opportunity presents itself.

l, SIGNATURE RELEASE VOTE

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04/02/90 i

DATE t

WITHHOLD VOTE

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ENTERED ON "AS" YES /

No 9005090019 900402 PDR CONNG NRCC CORRESPONDENWR f#FG

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DRAFT 1

l Secretary Watkins U.S. Department of Energy l

Dear Admiral Watkins:

The Commission has recently reviewed with your staff the issue of export control requirements on sensitive nuclear technology (SNT) as defined in j

Under the:

j Section 4(a) of the Nuclear Non-Proliferation Act of,1978 (NNPA).

law, the Department of Energy (D0E) is required to consult with NRC and other agencies beforc authorizing SNT and other, less sensitive, nuclear technology

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I exports.

Our conclusions differ on the basis for defining SNT, as summarized in the-J enclosed memorandum from our General Counsel. However, the Commission recognizes that DOE has full and final authority _under the law both to define.

SNT and regulate its export. Jh Cc=i::ier does ret Stend ter-raise this mo Liei-iviLher in uur futuiu cese-by-case consultet-kms-cn nuclear technelegy

$L&I) 6fe will continue to provide DOE with our views on whether export requests.g such exports are inimical to the national interest. # yn" %ew, ;c %ve-

.agraed in the-past "ith-00E'4 nu m U stptutcry ficdirgs.

Because of its significance, I am bringing this matter to your personal attention in case you wish to review past practices in this area.

Sincerely, Chairman Carr

Enclosure:

As stated 4