ML20236C437
| ML20236C437 | |
| Person / Time | |
|---|---|
| Issue date: | 07/17/1987 |
| From: | Brach E NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Sanders C WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| References | |
| NUDOCS 8707300066 | |
| Download: ML20236C437 (2) | |
Text
6. A.
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7 DESIGNATED ORIGINAL.
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. Westinghouse Electric Corporation
~ Nuclear Fuel Division - Columbia ~ Plant ATTN: 'Mr. C. F.-Sanders LManager' Nuclear' Material Management
- Drawer R Columbia, South Carolina 29205 Gentlemen:
This is in response to your ~1etter dated June 15, -1987 which' transmitted a
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irequest for. exemption from 10.CFR 75 requirements concerning advance; notifica-tions' to the Commission' of nuclear material exports, imports and domestic transfers. The purpose of the exemption would be to document prior. verbal agreements' on fulfilling these requirements.
4The evaluation for the purpose of. granting this exemption', included considera-j tion of.the context' under which Part 75 was ' developed and the potential for conflict with the terms of the. Agreement'for Safeguards.between the; United!
States.and the International Atomic: Energy Agency. Based on this evaluation we have concluded.that granting an exemption would be in conflict 'with the Subsi-l diary Arrangements which serve'as~ the primary implementing vehicle for the (Agreement. The' advance notification requirements.in: 6975.43, 75.44 and 75.45'
'were derived ldirectly from the provisions of Code' 3.6 of the Subsidiary
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Arrangements.
' Although we cannot grant the requested exemption, this:does not mean that the W
IAEA's or the' Commission' position relative to the redundancy.of the advance notification requirements has changed from.what was previously verbally connun-icated to you.. In order to resolve this issue, we.are initiating an action to be' processed through.the Department of State to the Agency requesting suspen-sion of Code 3.6.of the Subsidiary Arrangements.until further notice. Once
'this 1s accomplished, we will be able to grant an. exemption from Part 75 requirements.
In-the interim, we will continue to accept the IAEA's position i
that the Inventory Change' Reports satisfy advance notification requirements-
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- We have ' determined that the attachment to your LA 87-35 letter dated' June 15, 1987, contains information of the type specified'in 10 CFR 2.790(d). Accord-ingly,pursuanttoSection2.790(d)(1),suchinformationisdeemedtobecom-,
mercial or financial within the neaning of 10 CFR 9.5(a)(4) and shall be with-held from public disclosure unless subject to the provisions of 10 CFR 9.12.
Sincerely, E. William Brach, Acting Chief Licensing Branch Division of Safeguards and Transportation, NMSS l
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