ML20211P075

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Ack Receipt of Re Consultations Under Section 133 of Atomic Energy Act.Interagency Meeting Recommended to Reach Agreement on Interagency Procedures for Reviewing NRC Export License Applications
ML20211P075
Person / Time
Issue date: 02/13/1987
From: James Shea
NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP)
To: Oplinger G
DEFENSE, DEPT. OF
References
NUDOCS 8703020286
Download: ML20211P075 (1)


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FEB 131987 Mr. Gerald G. Oplinger Director for Non-Proliferation Policy Office of the Assistant Secretary of Defense International Security Policy Washington, D. C. 20301

Dear Mr. Oplinger:

Thank you for your letter of January 14 concerning cons ~ultations under Section 133 of the Atomic Energy Act. We look forward to cooperating with your office and the offices in the other relevant Executive Branch agencies in developing standard procedures for these consultations.

As you will appreciate, it is important that the Section 133 consultation procedures be crafted so as not to conflict with the existing consultation -

arrangements established pursuant to Section 126 of the Atomic Energy Act

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and published in the Federal Pegister on May 10,1984.

It is the NRC staff's preliminary view that NRC's consultation obligations under Section 133 of the Atomic Energy Act can be fully satisfied using the existing provisions of Section 8 of the Interagency Procedures. However, some modification of the procedures may be appropriate to clarify this matter.

From NRC's perspective, it is essential that we not lose sight of the Atomic Energy Act's requirement in Section 126 for developing and transmitting to NRC a consolidated Executive Branch judgment on individual export license applications.

To facilitate resolution of this matter, I propose that we convene an interagency meeting, to be attended by all interested agencies, with the principal goal of reaching agreement on appropriate interagency procedures for reviewing NRC export license applications in a manner which fully satisfies the Section 133 consultation requirements. After agreement is reached on procedural arrangements, we can then more productively address 00D's specific information requirements with respect to the review of individual cases.

In this regard, we continue to believe that generic physical security country clearances are an appropriate goal, although certainly some shipment-specific infonnation should still be obtained prior to approval of individual export licenses.

We look forward to discussing this matter further with you.

Please let me or Mary Peterson know if this approach is agreeable and your general views on this matter.

Sincerely, 0703020286 870213 PDR ORG EUSDOD

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James R. Shea, Director Office of International Programs cc:

F. McGoldrick, DOS P. Brush, DOE B. Siebert. DOE N. Wulf, ACDA G. Kuzmycz, DOC