ML20214B260

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Demand for Info.* Date,Quantity & End User of Any Planned Import of U of South African Origin Requested 60 Days Prior to Shipment.Info on South African U Imported from 861231 to Date Requested within 20 Days
ML20214B260
Person / Time
Issue date: 05/14/1987
From: Harold Denton
NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA)
To:
Shared Package
ML20214B053 List:
References
NUDOCS 8705200204
Download: ML20214B260 (4)


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'87 M!iY 18 Pl2:14 UNITED STATES Of AMERICA NUCLEAR REGULATORY C0m1SS10N pgn,,

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Docket No.

11002933

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License No. ISNM82015 Philipp Brothers. Inc.

1221 Avenue of the Americas J)

New York, New York 10020 DEMAND FOR INFORMATION Philipp Brothers, Inc. (licensee) holds import license No. ISNM82015 issued by the. Nuclear Regulatory Comission pursuant to 10 C.F.R. Part 110.

The license authorizes the licensee to import 500,000 kilograms of uranium, including normal uranium and uranium enriched to 5.07, in the U 235 isotope, in The any fonn except uranium contained in irradiated fuels, from any country.

license was issued on September 26, 1982 and expires October 1,1987.

On October 2,1986. Congress enacted the Comprehensive Anti Apartheid Actof1986(theAct). Section 309 of that Act, which became effective on December 31,1986, prohibitstheimportintotheUnitedStatesof(1) uranium oreand(2)uraniumoxidethatisproducedormanufacturedinSouthAfrica.

As an interim step to comply with the statutory deadline, on December 31, 1986, the Connission promulgated an amendment to 10 C.F.R. Part 110 that requires a specif te 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 may 7 52 g 870514 1

M-84012 PDM

t 2-require modifications to its existing import licerse. The letter notified licensee that the Comission would be deciding upon an appropriate course of actinn in the near future, and that the Commission was " requesting i

i Philipp Brothers, Inc. and all other holders of specific import licenses to refnin from importing any material of South African origin under these lice nses while (Comission] review is under way." The letter concluded that,

"[sihouldyouanticipatearequirementtoutilizeyourexistinglicensesto it,urt any South African uranium, your cooperation in advising us of your plans before the import is made would be greatly appreciated."

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On May 7,1987, the NRC learned that, contrary to the NRC's request in its letter of February 4,1987, one holder of specific import licenses, during the week of March 22, 1987, had imported natural uranium concentrate of South African origin. Also contrary to the NRC's request.

that licensee did not advise the NRC of its plans to import the South African uranium, either before or after its importation.

On the basis of the above, the NRC has determined that it requires information concerning any plans of each of its ifcensees to import South African uranium in the future, and any importations that have occurred since f

December 31, 1986.

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l 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 Comission, Washington, D. C. 20555, l

r the following infomation, in writing and under oath or affirmation, pursuant to Sections 161c and 182 of the Atomic Energy Act of 1954, as amended, and 10 I

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C.F.R.I110.52(b):

a)

The date, quantity and end user of any planned import by you of l

t any fonn of uranium of South African origin. Such infomation

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must be submitted to the NRC no later than 60 days in advance of l

each shipment date. There are no exceptions to this 60 d6y advance notice requirement unless specifically approved in i

advance, in writing, by the NRC.

b)

The date, quantity and end user of any fom of uranium of South African origin that has been imported by you from December 31, I

i 1986 to date. This information shall be submitted within 20 days of j

the date of this Order, if no uranium of South African origin has

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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.

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After reviewing your response, the hRC will determine whether further action is necessary to insure compliance with statutory and regulatory requirements.

FOR THE NUCLEAR REGULATORY COW.ISSION j

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h Harold R. Denton, Director Office of Governmental and Public Affairs Dateda4 Washington,DC this/p day of May 1987.

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