ML20154F249
| ML20154F249 | |
| Person / Time | |
|---|---|
| Issue date: | 09/28/1998 |
| From: | Hauber R NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP) |
| To: | NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP) |
| Shared Package | |
| ML20154C942 | List: |
| References | |
| NUDOCS 9810090133 | |
| Download: ML20154F249 (2) | |
Text
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UNITED STATE 8
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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. ma m1
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September 28, 1998 MEMORANDUM TO:
The File FROM:
Ronald D. Hauber, Director Division of Non-Proliferation, Exports And Multilateral Relabons Office ofintemational Programs
SUBJECT:
ISSUANCE OF LICENSE WITHOUT WAITING FOR EXPlRATiON OF 15 DAYS PUBLIC NOTICE FOR EXPORT LICENSE XCOM1117 FOR HALDEN REACTOR PROJECT IN NORWAY On September 17,1998, Starmet NMI applied for a license to export zirconium metal alloy tubes to Norway for use in the OECD Halden Reactor Project. The applicant requested expedited handling of the application in order to meet the contractual delivery date of September 30,1998. The application had been inadvertently sent to the Department of Commerce which resulted in nearly a two month delay before the company was advised that the components i
were under NRC export licensing jurisdiction. The NRC has issued licenses to the company j
(formerly Nuclear Metals, Inc.) in the past. The most recent license, XCOM1097, was issued on
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September 16,1995, and authorized the export ofidentical components.
It is the Executive Branch (EB) Judgment, in their letter dated September 23,1998, that the proposed export will not be inimical to the common defense and security of the United States,
and is consistent with the provisions of the Atomic Energy Act of 1954, as amended by the Nuclear Non-Proliferation Act of 1978.
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As a party to the NPT, Norway has committed itself to maintain IAEA safeguards on all of its peaceful nuclear activities and has pledged not to manufacture or otherwise acquire any nuclear explosive device. The Executive Branch therefore has concluded that criteria (1) and (2) for exports of nuclear components, substances and items under Section 109b of the Atomic Energy Act as amended, are met. The remaining criterion, agreement not to retransfer any i
U.S.-supplied component or material without prior U.S. consent, has been satisfied by a letter from the Embassy of Norway dated September 23,1998.
The Executive Branch recommends that the license be issued.
4 The NRC staff has completed its reviews and concluded, as did the Executive Branch, that the proposed export will not be inimical to the common defense and security of the United States and is consistent with the provisions of the Atomic Energy Act of 1954, as amended.
Under NRC regulations found at 10 CFR Section 110.82 members of the public are afforded fifteen days to file an intervention petition or hearing request from the date that an application of this type has been received by the NRC's Public Document Room (PDR). In this case because of the circumstances described above, the application was not placed in the PDR until September 17,1998. Although the 15 days has not expired, because of the non-controversial nature of the export, the fact that previously identical components have been exported for the same facility without an intervention petition being filed, and the need for the applicant to meet the contractual shipping date, I am issuing the license at this time.
9810090133 980928 PDR XPORT XCOM-1117 PDR 48/009013
f, 2-The waiver of this 15 day requirement is authorized by law, is not inimical to the common defense and security, and does not constitute an unreasonable risk to the public health and safety.
cc: R. DeLaBarre, DOE C. Riendeau, DOE M. Johnson, DOD J. Chuchia, DOC M. Rosenthal, ACOA i
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