ML20214B155
| ML20214B155 | |
| Person / Time | |
|---|---|
| Issue date: | 05/14/1987 |
| From: | Harold Denton NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA) |
| To: | |
| Shared Package | |
| ML20214B053 | List: |
| References | |
| NUDOCS 8705200160 | |
| Download: ML20214B155 (4) | |
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'87 MAY 18 Pl2:14 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION OFFoz c-00cnEi:
,y / u In the Matter of
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Docket No.
11000168 EDLOW INTERNATIONAL COMPANY
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11002967 Suite 910
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License Nos. IM78019 1815 H Street, N.W.
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ISNM82020 Washington, D.C. 20006
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DEMAND FOR INFORMATION 1.
Edlow International Company (licensee) holds import licenses Nos.
IM78019 and ISNM82020, issued by the Nuclear Regulatory Comission i
pursuant to 10 C.F.R. Part 110. License number IM78019 authorizes the licensee to import unlimited quantities of source material, in any physical or chemical form, from any country not otherwise restricted by the Atomic Energy Act of 1954, as amended, other statutes applicable to the NRC, or 10 CFR Part 110. The license was issued on November 24, 1978, amended on September 21, 1983, and expires on December 31, 1988. License number ISNM82020 authorizes the licensee to import 5,000,000 kilograms of uranium, enriched to a maximum of 5.0% in the U-235 isotope, as UF6 and U02 powder. This license was issued November 5, 1982, amended on November 28, 1983, and expires December 1, 1992.
e 8705200160 870514 PDR XPORT ISNM-84012 PDR i
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II.
On October 2, 1986, Congress enacted the Comprehensive Anti-Apartheid Actof1986(theAct). Section 309 of that Act, which became effective on December 31, 1986, prohibits the import into the United States of (1) uranium ore and (2) uranium oxide that is produced or manufactured in South Africa. As an interim step to comply with the statutory deadline, on December 31, 1986, the Commission promulgated an amendment to 10 C.F.R. Part 110, that requires a specific license for all imports of South African origin uranium.
On February 4, 1987, the NRC's Office of International Programs sent a letter to licensee, notifying licensee that the provisions of the Act The letter may require modifications to its existing import licenses.
notified licensee that the Commission would be deciding upon an appropriate course of action in the near future, and that the Commission was " requesting Edlow International Company and all other holders of specific import licenses to refrain from importing any material of South African origin under these licenses while [ Commission] review is under way." The letter concluded that, "[s]hould you anticipate a requirement to utilize your existing licenses to import any South African uranium, your cooperation in advising us of your plans before the import is made would be greatly appreciated."
III.
On May 7,1987, the NRC learned that, contrary to the NRC's request in its letter of February 4, 1987, Edlow had during the week of March 22, 1987, imported 178,878 kilograms of natural uranium concentrate.
Also contrary to the NRC's request, Edlow did not advise the NRC of its plans to import the South African uranium, either before or after its importation. At a meeting with Harold R. Denton, Director, Office of Governmental and Public Affairs and others from the NRC on hoy 8, 1987, Mr. Jack Edlow, President of licensee, informed the NRC that he does not believe licensee has any obligation to refrain from importing South African uranium, or to notify the NRC of its intention to do so.
On the basis of the above, the NRC has determined that it requires information concerning any plans of each of its licensees to import South African uranium in the future, and any importations that have occurred since December 31, 1986.
IV.
Accordingly, you are required to submit to the Assistant Director for International Security - International Programs, Office of Governmental and Public Affairs, U.S. Nuclear Regulatory Commission, Washington, D. C.
20555 the following information, in writing and under oath or affirmation, pursuant to Sections 161c and 182 of the Atomic Energy Act of 1954, as amended, and 10 C.F.R. 6 110.52(b).
a)
The date, quantity and end user of any planned import by Edlow of any form of uranium of South African origin. Such information must be submitted to the NRC no later than 60 days in advance of each shipment date. There are no exceptions to this 60 day advance notice requirement unless specifically approved in advance, in writing, by the NRC.
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b)
The date, quantity and end user of any form of uranium cf South African origin that has been imported by Edlow from December 31, 1986 to date. This information shall be submitted within 20 days of the date of this Order.
If no uranium of South African origin has been imported from December 31, 1986 to date, a statement of that fact shall be submitted within 20 days of the date of this Order.
V.
After reviewing your response, the NRC will determine whether further action is necessary to insure compliance with statutory and regulatory requirements.
FOR THE NUCLEAR REGULATORY MMISSION l
W Harold R. Denton, Director Office of Governmental and Public Affairs Dated at Washington, DC this/4l day of May 1987.
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