ML20126K331

Discusses SECY-79-260 Re Export of Reactor Components to India.Commission Majority Is Not Required for License to Be Reviewed by Commission.Info Partially Withheld (Ref FOIA Exemption 5)

ML20126K331
Person / Time
Issue date:	04/17/1979
From:	Gibbon T NRC
To:	Bradford P NRC COMMISSION (OCM)
Shared Package
ML20126K250	List: IA-80-336, Informs That Section 128 of Tarapur Components License Does Not Apply to Component Export Licenses.Issue Was Raised in Context of Snubbers to Spain & Was Never Resolved.Info Partially Withheld (Ref FOIA Exemption 5) ML20126K245 ML20126K256 ML20126K265 ML20126K269 ML20126K272 ML20126K277 ML20126K282 ML20126K288 ML20126K293 ML20126K300 ML20126K305 ML20126K310 ML20126K315 ML20126K317 ML20126K322 ML20126K327 ML20126K331 ML20126K335 ML20126K342
References
FOIA-80-336 NUDOCS 8105120550
Download: ML20126K331 (2)

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NUCLEAR REGULATORY COMMISSION 2-j j,f)L[';j j WASHINGTON, D. C. 20555 Qi

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i April 17, 1979 OFFICE OF THE COMiatSSIONE R

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MEMO TO:

Commissioner radford TomGibgon h

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SUBJECT:

SECY-79-260 EXPORT OF REACTOR COMPONENTS TO INDIA

.-H Section 109 of the Atomic Energy Act applies to component parts and states that no component shall be exported unless the Commission finds that the following criteria or their equivalent are met:

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"(1)

IAEA saf eguards as required by Article III(2) im of the Treaty will be applied with respect

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to such component, substance, or item; (2)

No such component, substance, or item will be used for any nuclear explosive device or for research on or development of any nuclear explosive device; and (3)

No such component, substance, or item will be retransferred to the jurisdiction of any other nation or groups of nations unless the prior consent of the United States is obtained for such retrans r."

g,4 pg 4 By letter of Jan 19, 1979, the State Department wrote rc-as s....ces and an answer was received 23, 197 @9.The' assurances provided by the Indian to India seeking on March

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i 2-government did not correspond to the statutory language.

The differences may or may not be significant.

More inipor-tantly, the response from the Indians specifically tied any assurances in the letter to the Agreement for Cooperation.

Therefore,for the same reasons that shipments of fuel would shipments not F.eet the requirements of the Atomic Energy g h.Act,q (44 23, ng 4 of components will -not---eider %

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f You should note that Section 110.4 0 of the Cominission's' Rules and Regulations

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states that

" License. applications for export of the following

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will be reviewed by Commissioners:.... (5) any other de license application determined by the staff or any iit E

Commissioner to warrant review by the Commission."

[ Emphasis supplied)

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II Therefore, it does not take a Commission majority to require E

that this license be reviewed by the Commission.

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cc:.

Hugh.L. Thompson, Jr.

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