ML20043F729
| ML20043F729 | |
| Person / Time | |
|---|---|
| Issue date: | 03/22/1985 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| Shared Package | |
| ML20043F719 | List: |
| References | |
| FOIA-90-4, TASK-PINV, TASK-SE SECY-85-104, NUDOCS 9006180048 | |
| Download: ML20043F729 (13) | |
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,p m POLICY ISSUE (Notation Vote) f March 22, 1985 SECY-85-104 The C6assmed information had been Removed fmm thb Docum For.
The Comission
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From:
William J. Dircks Executive Director for Operations (U)
S_ub' ject:
DELEGATIONS OF AUTHORITY IN EXPORT-RELATED AREAS (U)
Purpose:
To request Comission approval of a revision to the delegations of authority in export-related areas.
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Background:
On January 2f sever'al new amendments to the Comission's nuclearexport/importlicensingregulations(10CFRPart 110) became effective.
Included in the amendments is a revised Section 110.40 which specifies the categories of NRC export license applications requiring Comission review. A copy of this section is enclosed at Appendix A.
In view of this amendment to Section 110.40, the staff believes it appropriate to revise and update the Comission's existing delegations of authority in export-related areas. The proposals in this paper also respond to the Comission's recent guidance to the staff, in general, to review comprehensively the.Comission's activities to determine if additional delegations of authority to the staff can be 3
adopted.
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The existing delegations of authority to the Executive Director for Operations in the export / import area are contained in two memorandums dated July 28, 1980, and are enclosed at Appendix 8.
One of the memorandums is classified confidential because of the sensitivity regarding export review requirements for certain countries. The v>
unclassifled memorandum has been published in the NRC Manual as Part 3 to Chapter 0103-(" Organization and Functions, Office of the Executive Director for Operations").
i inioimation in this record was deleted CONTACT:
in acccidance with the Freed m of information
_ M. R. Peterson, IP 7#
Act, exemMions
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Discussion:
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Revised Delegations 'of Authority Memorandum
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Heavy water and nuclear grade graphit' exports and
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Under the current delegations, all heavy water and nuclear grade graphite c it).,.(oyr 1000, kos.) are referred to the T
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revlIwid'6yihe Comission involving Japan and the U.K.)
= Under the proposed change, exports and retransfers of heavy water and graphite to proliferation sensitive countries (i.e.,thoselistedin 55110.28 and 110.29) would still be -
required to be reviewed by the Comission.
Reprocessing requests (U)-
In 1982 (SECY-82-316), the Comission denied the staff's request to process at the-staff level routine DOE subsequent arrangement requests involving the reprocessing of U.S.-origin spent fuel from Sweden, Japan, Switzerland, and Spain in the U.K. and France.
Such requests have continued to be processed routinely by-the Executive Branch in accort'ance with the Executive Eranch's announced policy not t
to o'.dect to such activities abroad, e (V) in addition, generic approval for such reprocessing activities has been incorporated into the recently negotiated Swedish and Norwegian agreement'for cooperation and is proposed for
'al adoption in'the Swiss and Japanese agreements.
.5 cur reprocessing cases were ewe omm on in 1984.
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High-enriched uranium (HEU) Exports and Retransfers
-Currently, all exports and retransfers of over one kilogram
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of HEU require Comission review.
Duririg calendar year-1984, the Comission reviewed 5 HEU expcrt requests and 1-HEU retransfer request. While most of these cases continue to be routine, it is difficult to develop generic guidelines which could be used to define additional categories of HEU not requiring Comissioner review, particularly in view of.
the ongoing reduced enrichment efforts invohing most foreign research reactors using U.S. fuel F l
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Sumary:-
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Recomendation.:
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Williant Di rcks Executive Director.for Operations
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A.
.B.: Existing delegations of authority-memorandumsdtd7/28/80 C.
Proposed new delegation of authority memorandum f
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. Commissioners' comments or consent should'be provided directly-to.the Office of the Secretary by c.o.b. Tuesday, April-9,-1985.,
commission Staff Office comments, if any, should be submitted to the Commissioners NLT Tuesday, A pril 2, 1985, with an information copy to the Of fice of tie Secretary.
If the.
paper is of such a nature that it requires additional time-for analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.
DISTRIBUTION:
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APPENDIX A 9
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, Appendix A 1i s110.40 Comission review (b)-The Commission shall review a license application for export of the A,
following:
(1) A production or utilization facility.
m" (2) More than one effective kilogram of high-enriched uranium.. plutonium or U-233.
.(3) 1,000 kilograms or more of heavy water or nuclear grade graphite.
(4) An export involving assistance to V,.
end uses related to isotope separation, chemical reprocessing, heavy water -
-production, advanced reactors or the fabrication of nuclear fuel containing plutonium, except for categories of exports approved in advance by the Comission as constituting permitted incidental-assistance.
-(5) The initial export to a country
.since March 10, 1978 of source or special
. nuclear material for nuclear end use.
(6) An-export involving over: (1)-10 grams-of plutonium U-233 or high-enriched uranium;.'(ii) 1 effective kilogram of low-enriched uranium; -($11) 250 kilograms of source material, heavy water or nuclect grade graphite; or (iv) 1,000 curies of tritium, to any country listed in 5110.28 or 5110.29.
(7) Any. export subject to special limitations as determined by the staff or a majority of the Commissioners.
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APPENDIX B
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9 NUCLEAR REGULATORY COMMISSION -
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' July 28, 1980 10FFICe OF HL 8tCRETARY-MEMORANDUM FOR:-
William J.' Dircks, Acting Exec Dir for Operations FROM:
Samuel J. Chilk, SecretaVy
SUBJECT:
. DELEGATIONS OF AUTHORIT XPORT-RELATED AREAS This memorandum revises'and replaces my memorandum dated February-13, 1980 on the above subject.
The Comission has delegated to the EDO the authority to act for the Commission in all export-related matters except the following which will-be reviewed by the Commissioners (the Commission has also approved the related amendments to 10 CFR 110.40(b) with res'pect to the matters in paragraphA):
A. --
NRCexportlicenseapp1Icationsasfollows:
1.
Production and utilization facilities;
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One-effective kilogram or more of high-enriched uranium and U-233 and-plutonium (except for plutonium comprised of 80% or more of Pu-238);-
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1,000 kilograms or more of heavy water or nuclear grade graphite; 4
NRC-licensed export cases involving reprocessing, enrichment, or heavy water activities; 5.
Any other proposed export of-source or special-nuclear material for nuclear use if the export would be to a country to'which the Commissioners have not previously authorized such an.
export pursuant to the Nuclear Non-Proliferation Act; 6.
Any proposed exp' ort of components to a facility for which there is a facility export license application pending or expected before the Commission; 7.
Any other license application determined by the staff or a majority of the Commissioners to warrant review by the Commission, e
B.
Export-related' matters not under NRC's licensing authority, as follows:
1.
All 10 CFR Part 810 cases which involve assistance to reprocessing,
. enrichment or heavy water production activities and any other exceptional cases as determined by the staff or a majority of the Commissioners to warrant review by the Commission.
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_ All Department of Comerce licensed exports destined for reprocessing, enrichment or heavy water production facilities and any other exceptional-cases as determined by the staff or a majority of the Commissioners to warrant review by the Com:nission.
3.
All proposed DOE retransfer cases (MB-10's):which involve reprocessing or which meet the criteria for Comission review-as specified in paragraph A above.
4.
All proposed agreemen'ts for cooperation; and-
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All.other subsequent arrangements involving physical security,.
storage or. disposition of irradiated fuel elements, application of safeguards, or other arrangements which the President finds to be important from the standpoint of preventing proliferation.
In. addition, with res.pect only to those new cases which fall under the
-staff's expanded delegation of authority
- as contained in this memorandum, the Commission has directed the following:
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Information copies of all such cases will be provided to OPE,.OELD and NMSS.
2.
Any case which the staff is disposed to disapprove will.be referred to the Commission for final decision; and 3.
The staff will submit to the Commission. a monthly report indicating what actions have been taken.
If the staff requires guidance involving or relating to substantive dec'ision-making.in exercising its delegated functions, such guidance shall be given by the Commission.
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Comissioners Comission Staff Offices
- These cases will primarily consist of major source or LEU exports and retransfers (all those over one effective kilogram) and a small number of Commerce and Part 810 cases.
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APPENDIX C 4
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N IPEI r/f NAR 211985 MPeterson JShea MEMORANDUM FOR: William J. Dircks Executive Director for Operations FRON:
' James R. Shea, Director Office of Intermational Programs
SUBJECT:
DELEGATIONS OF AUTHORITY IN EXPORT-RELATED AREAS In response to your request, the encle.ed paper proposes the adoption of additional delegations of authority to the staff in the export area.
If approved, the proposed changes would result in the elimination of approximately 10-15 Comission Action Papers per year and a corresponding reduction in Comission and staff workload. Although even further delegations are possible (e.g.,) reactor exports, all HEU exports, and various exports _ to sensitive countries, the staff believes that the additional-delegations as proposed are-the'most that can reasonably be considered to involve routine export control matters and therefore qualify as appropriate candidates for staff level review only.
As the paper indicates, the staff believes that the existing (1980) delegations of authority memorandums should be updated to confonn to the recent Part 110_ changes even if the Commission does not accept the staff's recommendations: for additional delegations.
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- 3 James R. Shea, Director Office of International Programs
Enclosure:
-As stated s
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