ML20205F461
| ML20205F461 | |
| Person / Time | |
|---|---|
| Site: | 07002071 |
| Issue date: | 08/19/1976 |
| From: | Rowden M, The Chairman NRC COMMISSION (OCM) |
| To: | Archer B HOUSE OF REP. |
| Shared Package | |
| ML20205F467 | List: |
| References | |
| NUDOCS 9904060269 | |
| Download: ML20205F461 (3) | |
Text
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- {g4r hl l OFFICE OF THE fg N l
cHAnwAN zgg g The Honorable Bill Archer h2 'l j_ p tl/
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United States House of Representatives d' l Washington, D.C. 20515 f L/1L
Dear Mr. Archer:
I have received your letter concerning the shipment of the fuel to India. The shipment you refer to was authorized under License No. l XSNM-805, which was issued on July 2, 1976. Its background is informative.
On March 2, 1976, three organizations (Sierra Club, Natural Resources Defense Council, Inc., and the Union of Concerned Scientists) filed a Petition with the Nuclear Regulatory Commission (NRC) seeking to intervene in the licensing proceedings on License Numbers XSNM-805 and XSNM-845. These licenses were for the export of low-enriched uranium fuel for use in the Tarapur Atomic Power Station (TAPS) near Bombay, India, and had been under consideration by the Commission for several months. Throughout the consideration of these license
, applications, the Department of State has noted that the issue of the urgency of additional feel for TAPS would at some point arise. In this connection it should be noted that the U.S. Agreement for Coop-eration with India came into force in 1963 after the required Congres-sional and Presidential review and states that only U.S. supplied fuel may be used in TAPS and that the U.S. will supply all the fuel requirements to TAPS.
After an exchange of written pleadings between the Petitioners, the Department of State and the NRC staff, the Commission held a preliminary hearing on the procedural issues posed by the Petitioners on March 17th and decided to hold a legislative type hearing on the issues raised in connection with these license applications. Attached for your information is the NRC announcement of that hearing.
On May 20th, the Commission was informed that the Petitioners, the Department of Justice, acting for the Department of State, and the NRC staf f had agreed that no objection would be interposed if the Commission should act on the first license (XSNM-805) as long as that action would not prejudice consideration of the issues for XSNM-845.
I W
Honorable Bill Archer The Department of State also noted that the quantities of material reflected in the original application to XSNM-805 would not be sufficient i to sustain the requirements of the nuclear fabrication process supporting TAPS during tne time of delay caused by the hearings. The Department of j State and Petitioners agreed that, in order to permit an extension of i time adequate for preparation for hearings, an amended license application, l filed for XSNM-805, would not be objectionable. The amended application was for three tons of 2.1% U-235 and six tons of 2.66% U-235. License Application XSNM-845 would reflect the addition to XSNM-805 and was l appropriately reduced by six tons.
In deciding to issue XSNM-805, the Commission took into account that deferring action on License No. XSNM-805 could have an undue adverse impact on U.S. foreign policy, and stated that this action was without prejudice to the Commission's review of the issues raised by the appli- l cation for License No. XSNM-845. Enclosed for your information is the Order of July 2, 1976 giving the Commission decision to ship the fuel.
Included in the Order is the dissenting opinion of Commissioner Gilinsky. l i
I might note for your information the following portions of the Commission's Order of July 2:
"In vieu of the ongoing development of Indian reprocessing capacity at the Tarapur Atomic Power Station, the l Commission intends in the forthcoming hearings to give !
careful consideration to the implications of the potential j creation of national stockpiles of plutonium in India, -
and appropriate measures which might be taken in light i of this possible development. In this connection we are mindful of the provisions of the U.S./ India Agraement for Cooperation which specify that any reprocessing in Indian facilities of special nuclear material utilized in the Tarapur Atomic Power Station would be subject to joint determination by the United States and 'ndia that safeguards in the Agreement for cooperation may be effectively applied . ..
"In reaching its decision in the matter of License No.
XSNM-805, the Commission has concluded that it would be desirable for the Department of State to explore with the Government of India steps which would provide for che repurchase by the United States of the irradiated -
tuel discharged from the Tarapur Atomic Power Station or l
any special nuclear material recovered therefrom. In i connection with its consideration of License No. XSNM-845, l- the Commission intends to review progress in this matter."
T I Honorable Bill Archer ,
The public hearing on License No. XSNM-845 was held on July 20 and 21.
I Participants in this hearing included Congressman Clarence C. Long; Mr. Adrian Fisher, f tmer Deputy Director for the Arms Control and Disarmament Agency and a chief U.S. negotiator of the Treaty on Non-proliferation of Nuclear Weapons; Mr. Herbert Scoville,a former Assistant Director for Science and Technology of the Arms Control and Disarmament Agency; Dr. William Lowrance of Harvard University; and Mr. Eldon Greenberg, represen*.ing tne Petitioners. Comprehensive presentations were given by the Executive Branch as well as the Nuclear Regulatory Commission's staff. The record for the proceeding is close to 2000 pages long.
During the conduct of these hearings one major concern expressed was the proper safeguarding of the plutonium produced from the U.S. supplied fuel for TAPS. In response to the Commission's request, the State Department stated that it would explore with the Indian Government the possible exercise of U.S. rights under the Agreement for Cooperation to repurchase the spent fuel from TAPS. The Commission is to be kept informed of the progress of these negotiations and will not act on License No. XSNM-845 until it is advised by the Department of State regarding the discussions with the Indian Government.
Should you have any further questions, please contact me.
Sincerely, l
MaN cus A. b d Rowde Chairman
Enclosures:
As stated I
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