ML20126K245
| ML20126K245 | |
| Person / Time | |
|---|---|
| Site: | 07002738 |
| Issue date: | 04/16/1981 |
| From: | Felton J NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Barnes J CENTER FOR LAW & SOCIAL POLICY |
| Shared Package | |
| ML20126K250 | List:
|
| References | |
| FOIA-80-336 SECY-78-596A, SECY-79-647A, NUDOCS 8105120465 | |
| Download: ML20126K245 (6) | |
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UNITED STATES M
- p, NUCLEAR REGULATORY COMMISSION 5
- WASHINGTON, D. C. 20555 9
%...../. April 16, 1981 James N. Barnes, Esquire Center for Law and Social Policy 1751 N Street, N.W. IN RESPONSE REFER Washington, DC 20036 TO F01A-80-336
Dear Mr. Barnes:
This is in further response to your letter of June 30, 1980, in which you and Mr. Jacob Scherr of. the Natural Resources Defense Council requested, pursuant to the Freedom of Information Act (F0IA), records relating to export of special nuclear material and replacement parts to India.
We provided partial responses to your request in letters dated July 24, 1980, and August 12, 1980, enclosing Appendices A and B that list records placed in the NRC Public Document Room (PDR) for inspection and copying.
This final response was delayed due to reviews by NRC for declassification and disclosure determinations for the remaining records subject to your request.
The enclosed Appendices C, D, and E list the remaining records subject to your request. Appendix C lists records which are being placed in the PDR in their entirety. Appendix D lists records from which portions have been deleted prior to being placed in the PDR. Appendix E lists records which are being withheld in their entirety. You may obtain access to the records listed in Appendices C and D by either presenting this letter to the PDR or requesting folder F01A-80-336 filed under your name.
The records which are listed in Appendices D and E and which are being withheld in whole or in part contain (A) information that is classified pursuant to Executive Order No.12065, which is being withheld from public disclosure pursuant to Exemption (1) of the F0IA (5 U.S.C. 552(b)(1))
and 10 CFR 9.5(a)(1) of the Commission's regulations; (B) information which identifies procedures for safeguarding licensed special nuclear material, which is being withheld pursuant to 10 CFR 2.790, Exemption 4 of the F0IA (5 U.S.C.(b)(4)) and 10 CFR 9.5(a)(4); and (C) information ,
that constitutes advice, opinions and recommendations of the staff, which is being withheld pursuant to Exemption 5 of the F0IA (5 U.S.C.
552(b)(5)) and 10 CFR 9.5(a)(5). The denying official and appropriate exemption (s) are listed with each record on Appendices D and E.
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Pursuant to 10 CFR 9.15 and 10 CFR 9.9 of t) s Commission's regulations, I it has been determined that the information withheld is exempt from production or disclosure and that its production or disclosure is contrary ;
to the public interest.
1 This denial may be appealed to the Commission (in cases of denial by 1 Mr. Samuel Chilk) or the Commission's Executive Director for Operations, (in cases of denial by another official) within 30 days from the receipt of this. letter. Any such appeal must be in writing, addressed to either the Secretary of the Commission or the Executive Director for Operations, as appropriate, U.S. Nuclear Regulatory Commission, Washington, DC 20555, and should clearly state on the envelope and in the letter that it is an " Appeal from an Initial F0IA Decision."
This completes NRC's action on your request.
Sincerely,, -
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J[M. Felton, Director Division of Rules and Records Office of Administration
Enclosures:
As stated
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. Re: F01A-80-336 i .
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APPENDIX C l l
7 1. 12/22/78 - Memo, Commissioner Ahearne to Acting Director, NMSS, "Tarapur"
- 2. (a) 1/11/79 - Memo, J. Becker to Chilk, "Re: In the Matter of Edlow International Company (Agent for the Government of India on Application to Export Special Nuclear Material) License No. XSNM-1222, Docket No. 70-2738," and enclosures:
(b) 1/11/79 "NRC Staff Comments on Proposed Export of Special Nuclear Material to India for the Tarapur Atomic Power Station" (c) Undated - Certificate of Service
- 3. 1/25/79 - Memo, Dircks to Shea, " Draft NRC Staff Recommendations Pertaining to Proposed License to Export Law Enriched Uranium to India (Application XSNM-122)"
- 4. 2/9/79 - Memo, Connissioner Bradford to Commission, "Tarapur"
- 5. 6/20/80 - Memo, C. Kamnerer to Commission, " Exportation of Nuclear Fuel to India for the Tarapur Power Plant"
- 6. Undated - Memo, C. Kammerer to Commission, "Tarapur Hearing" (6/26/80 hearing)
- 7. Undated - Routing and Transmittal Slip, Oplinger to R. Page and J. Partlow
- 8. Undated - Memo, Dircks to Commissioner Bradford, "NRC Memoranda from December 1,1978 to Present on the Tarapur Licensing Case" i
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- .F01A-80-336 APPENDIX D a-
'1. 1/3/79 - Memo, .Dircks to Commissioner Ahearne, " State Criticism of Table V' Conclusions". Portions of this memo are withheld pursuant to Exemptions 1 and 4. (Denying Official: John G.
Davis,' Director, Office of Nuclear, Material Safety and Safeguards)
- 2. (a) 1/8/79 - Memo, 0pliager to Sherr (released in. entirety). transmitting
-(b) Undated - Draft "NRC Staff Comments on Proposed Export of Special Nuclear Material to India for the Tarapur Atomic Power Station (License No. XSNM-1222). Portions of this draft memo are withheld pursuant to Exemption 1. -(Denyin James R. Shea, Director, Office of International Programs)g_0fficial:
- 3. (a) "1/10/79 -_ Memo, Sherr to Dircks, Burnett, Carter, Perchonok, Page, and Partlow,-"Draf t NRC Staff Comments Proposed for the Hearing on Export of Special Nuclear Material (License No XSNM-1222)" (released in entirety) with:
(b) 1/10/79 - Memo, Sherr to Oplinger on the same subject (released in entirety) enclosing:
(c) Undated " Comments' on Draft NRC Staff Paper Pertaining to Export Hearing Dated 1/8/79". Portions of this record are being withheld pursuant to Exemptions 1 and 4. (Denying Official: John G. Davis, Director, Office of Nuclear Material Safety and Safeguards)
- 4. 1/11/79 "NRC Staff Comments on Proposed Export of Special Nuclear Material to . India for the Tarapur Atomic Power Station" submitting supplementary classified views. Portions of this record are being withheld pursuant to Exemption 1. (Denying Official: James R. Shea, Director, Office of International Programs)
- 5. 1/26/79 - SECY-78-596A. Portions of this record are being withheld pursuant to Ex'emption 1. (Denyin James R. Shea, Director, Office of International Programs)g Official:
- 6. 1/26/79 - Memo, Commissioner Bradford to Commission, "Tarapur". Portions "
l are withheld pursuant to Exemptions 1 and 5. (Denying Official: Samuel J.
Chilk . Secretary of the Commission)
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- 7. 2/15/79 - Memo, Dircks to Commissioner Ahearne, "Tarapur - Adequacy of Safeguards. Portions of this memo are withheld pursuant to Exemptions 1 and 4. (Denying Official: John G. Davis, Director, Office of Nuclear l Material Safety and Safeguards)
L 8 .' 4/17/79 - Memo, Gibbon to Commissioner Bradford, "SECY-79-260. Export of Reactor Components to India". Portions are withheld pursuant to Exemption 5. (Denying Official: Samuel J. Chilk, Secretary of the Commission) l l
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. Re: F01A-80-336 APPENDIX D
-9. 1/21/80 - SECY-79-674A (portions deleted) with enclosure "0 ELD's Views" (released in entirety). Portions of this SECY paper are withheld pursuant to Exemption 1. (Denying Official: James R.
Shea, Director, Office of International Programs)
- 10. 1/22/80 - Memo, Gibbon to Commissioner Bradford, " Export of Components to Tarapur. Attachment withheld pursuant to Exemption 5. (Denying Official: Samuel J. Chilk, Secretary of the Commission) s
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. Re: F01A-80-336 l I
i APPENDIX E
- l. 12/1/78 - Memo to Commission from Shea, "Tarapur Application (XSNM-1222) - Information on Indian Activities and Programs !
Relevant to Nuclear Explosions". This memo is being withheld pursuant to Exemption 1. (Denying Official: James R. Shea, Director, Office of Internationc1 Programs)
- 2. 12/21/78 - Memo to Commissioner Kennedy from William Dircks,
" Summarization of IAEA Safeguards Implementation Report; with enclosure. These are being withheld pursuant to Exemption 1 and 4. (Denying Official: John G. Davis, Director, Office of Nuclear Material Safety and Safeguards)
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- 3. 2/14/79 - Memo to Leonard Bickwit from Peter A. Bradford on your February 13 memorandum on the Legislative History of the NNPA. This memo is withheld pursuant to Exemption 5. (Denying Official: Samuel J. Chilk, Secretary of the Commission) 4 1/31/80 - Memo to Commissioner Bradford from Tom Gibbon on SECY-79-674A - Export of Components to India for the Tarapur Reactors. This memo is withheld pursuant to Exemption 1 and Exemption 5. (Denying Official: Samuel J. Chilk, Secretary of the Commission) 5, 6/13/80 - Memo to Tom Gibbon from Peter A. Bradford on thoughts on Tarapur. This memo is withheld pursuant to Exemption 5.
(Denying Official: Samuel J. Chilk, Secretary of the Commission)
- 6. 6/18/80 - Memo to Commissioner Bradford from Tom Gibbon on Senate Tarapur Hearing. This memo is withheld pursuant to Exemption 5. (Denying Official: Samuel J. Chilk, Secretary of the Commission) s
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Joseph M. Felton, Director RD 336 ""!O.M!
D.tv. of Rules & Records /U.S. ~ ~ ~ ~
4210 NRC gd 30/cfO Md. Nat' 1 Bank Bldg . , Rm.
7735 Old Georgetown Rd.
Bethesda, MD 20555 lacement0240, Parts Export to India of Special Nuclear Material )
and Rep Request for (License No XCOM-0250, XCOM-0376, XCOM-0381, XCOM-0395 _
Production of Documents __
Dear Mr. Felton:
f Information Act, as This is a request under the Freedom ofor access to the records specified amended (5 U.S .C . 555 2) ,
below.
the President submitted to Congress andia of speci On June 19, 1980, 3xecutive Order authorizing exports to Int the Tarapur0240, power material and replacement parts for use a(licenses XSNM-1379, XSN station in India XCOM-0250, XCOM-0376, XCOM-0 381, XCOM-0 39 5) .
f of the Atomic Energy Actign allows'45 Relations days of o Section 130 (a) j continuous session for the Committee f views onand Foretional re- Rela l the Senate House and the Committee of Representatives to prepare on Interna roving oro disapproving reports commendations and to passThe resolutions undersigned app have been invited tobmit w the President's actions. ps to assist members The documents requested appear before these committees and to suon b l
of Congress in making their decisions. ided for in the Act in would enable the undersigned to contr i
debate regarding this s the Congressional review procedure provaddition to e important question. 19, 1978 the undersigne d
l On May 14, 1976 and December t nt of State (the ing presented similar requests to il the Depar mefor production of s
" Department")the export of special nuclear mater a s a ed@7Atg 03g 6 ypp eB ac -
,i J.une 30, 1980.
Page Two
.s License Applications Nos. XSNM-805, XSNM-845 and XSNM-1222.
Those requests were made in connection with public proceedings held on Obe above license applications by the Nuclear Regulatory Commission. This request should be considered supplemental to those earlier requests. Where the requests specified below are substantially the same as those previously made, the pro-duction should be deemed to refer to documents not previously made available. With that qualification, we hereby request access to any and all written reports, memoranda, studies, correspondence or other pertinent documents in the custody of the Department with respect to:
- 1. The effect on U.S. non-proliferation policy of India's failure to commit itself absolutely to re-frain from the development of further nuclear ex-plosive devices;
- 2. The effect on U.S. non-proliferation policy of India's failure to accept safeguards on all its nuclear facilities and of India's ability to de-velop nuclear weapons in unsafeguarded facilities;
- 3. The effect on U.S. non-proliferation policy of the absence of Indian agreement regarding safeguards for future reprocessing of spent fuel, including the risk that special nuclear material shipped to Tarapur will not be used for peaceful purposes;
- 4. The total amount of U.S.-supplied enriched nuclear fuel shipped to India to date, broken down by per-centage of enrichment, size and date of each ship-
. ment, and the expected time frame for using any such fuels which have not yet been sent or used at Tarapur, including analysis of the documented present imbalance between the three fuel enrich-ments needed to power Tarapur, an explanation of the reasons for this imbalance, and its implica-tions for the present fuel enrichment mixture in l license applications XSNM-1379 and XSNM-1569 as opposed to alternative fuel enrichment mixtures;
- 5. The capability and likelihood that India will con-l struct, test and/or use nuclear explosive devices,'
, including the text of communications to and from l India on this issue, analyses regarding Prime Minister Gandhi's assurances, and analyses as to how U.S. perceptions on these matters have been l affected by the January 1980 change in India's government; l
June 30, 1980
/. , .. Page Three
- 6. The negotiations that have transpired between the' U.S. and Indian governments since the inception of the Nuclear Non-Proliferation Act in 1978 to gain India's acceptance of full-scope safeguards on all its nuclear facilities, including the text of all communications to and from the U.S. embassy in India on this issue, analyses of the likelihood that India will adopt full-scope safeguards on its remaining unguarded nuclear facilities in the near future, and analyses of how this timing and like-lihood have been affected by the January 1980 change in India's government.
We ask that the records requested above be made available for inspection and copying at the Department's Public Document Room, Room 2811, Department of State, 21st Street and Virginia ,
Avenue NW, Washington, D.C. At such time as the records re-quested are made available, we will determine whether we will want any of the records reproduced.
I We believe that this request is "in the public interest, because furnishing the information can be considered as pri-marily benefitting the public," and that any applicable fees should therefore be waived as permitted under the amended Free-dom of Information Act. The documents requested are relevant to the Congressional hearings and the debates scheduled with respect to the President's decision to ship special nuclear material and replacement parts ta Tarapur. The documents re-quested will provide needed background and bases for assessing the issues raised by the pending exports. Their production will facilitate the formulation of issues for the written com-ments to be submitted by the undersigned for the record of these hearings and otherwise enhance the opportunity for a more complete discussion of the issues by all participants.
If you determine that some or all of the records requested are exempt from release, please state which exceptions you be-lieve cover the materials you are not releasing. In this con-nection, we advise you that we are prepared, if necessary, to execute an appropriate protective agreement with respect to any confidential or proprietary document, or, if the document re-quested falls within the categories specified in 22 C.F.R.
S6. 4 (a) (1) , (3) , (5) , to abide by such protective orders or agreements as the Department may deem appropriate. Finally, if you determine that some portions of the requested records are exempt, we ask that you make available the remainder of the records, to the extent that the records determined to be exempt are " reasonable segregable," as provided in the amended Act.
j
, June 30,-1980
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- c. Page Four l It is our intent that this Freedom of Information Act' request benefit all members of Congress and the public in-terested in the Tarapur exports and the hearings which have been scheduled to consider that issue. As provided-for in the amended Freedom of Information Act, we expect to receive a reply at least within ten (10) working days. We urge that the documents be produced as quickly as possible, as they
.become available, in light of the fast-approaching deadline for Congress' decision on this matter.
If you have any questions concerning this request, we would appreciate your contacting us by telephone to expedite consideration of this matter.
Sincerely, f c, y- .x.ie: w.
5hcob Scherr Naturak Resources Defense Council
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lJamesBarnes "
Center for Law and Social Policy I
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