ML20236A449
| ML20236A449 | |
| Person / Time | |
|---|---|
| Issue date: | 01/07/1987 |
| From: | Lesar M NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Hemby E NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP) |
| Shared Package | |
| ML20236A217 | List: |
| References | |
| FOIA-87-297 NUDOCS 8707280103 | |
| Download: ML20236A449 (4) | |
Text
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MEMORANDUM FOR: Elaine 0. Hemby Office of International Programs FROM: Michael T. Lesar, Acting Chief ,
Rules and Procedures Branch I Division of Rules and Records )
Office of Actinistration j l
SUBJECT:
REGULATORY HISTORY PROCEDURES - IMPORTS OF j URANIUM FROM SOUTH AFRICA - PART 110 1 In a memorandum dated April 5,1985, the Executive Director for Operations established procedures for ensuring that a complete regulatory history is com-piled for each rulemaking action undertaken by an office under his purview (see Enclosure 1). These procedures are applicable to any proposed or 'inal rule submitted for publication in the Federal Register after April 5,1985.
Briefly, these procedures require that --
Documents of central relevance to a rulemaking be identified, maintained, and accessible; and An index of documents comprising the regulatory history be developed and submitted to the Rules and Procedures Branch (RPB) within sixty days after the rulemaking is completed.
The final rule concerning Imports of Uranium from South Africa was published December 31, 1986. You should forward the completed index for the final rule to RPB by March 2,1987.
In order to assist you in the preparation of the list of documents centrally relevant to this final rule, place the designator "AC43-2" in the upper right hand corner of each srch document, including the transmittal memorandum that you send to the Document Control System (DCS), (Mail Stop 042). Each document transmitted to DCS that can be made available to the public should be marked "PDR" in the upper right hand corner of tue front page. When you are ready to compile your history, you should contact the DCS staff (on extension 28603) who will use your designator to retrieve a list of all these documents from their data base. You may also find the enclosed guidance document of assistance in answering your questions as you work to complete your regulatory history.
If you have any questions, please call me on extension 27158. !
Of Michael T. Lesar, Acting Chief Rules and Procedures Branch Division of Rules and Records Office of Administration I
Enclosures:
As stated RDG s uga.
AR ADM:DRR i MLESAR M I/ 7 /87 p /7 I B707280103 870722 PDR FOIA MOKDENAB7-297 PDR
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REGULATORY ANALYSIS AMENDMENT TO 10 CFR PART 110
- 1. STATEMENT OF PROBLEM The Comprehensive Anti-Apartheid Act of 1986 ("the Act"), enacted October ?,1986, prohibits the import into the United States of uranium ore and uranium oxide produced or manufactured in South Africa. The NRC has independent regulatory authority under the Atomic Energy Act over the import of uranium. Currently the NRC's import regulations in 10 CFR 110.27 permit.a person to import byproduct material or unirradiated source or special nuclear material, including uranium ore and uranium oxide, from any country under general license if the consignee in the United States is authorized to possess the material. In order to implement the requirements of the Act, it is necessary for the NRC to amend its regulations in 5110.27 for the import of uranium from South Africa under general license.
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- 2. OBJECTIVE NRC's sole objective in developing the amendment is to change NRC's regulations to conform to the requirements of the Act. The revision to NRC's regulations will delete the general license to import uranium of South African origin in any fonn thereby precluding the import into the United States of uranium of South African origin under general license.
- 3. ALTERNATIVES i 1
There are no alternatives for achieving the stated objective. j i
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- 4. CONSEQUENCES The consequences of the specific NRC rulemaking action should be considered separately from the larger, more significant issue concerning i the impact of the statute banning imports of South African-origin uranium.
NRC's rulemaking action to delete the general license to import South African origin uranium in and of itself will have only a minor impact on the public. It will mean that those persons previously using the general license provision in 5110.27 as their licensing authority would now be required to submit specific license applications to import South African origin uranium for NRC consideration. However, subject to final clarification of the scope of the Act, such applications may be denied under existing law. In this respect, NRC believes that fewer than 10 .. ,
persons will be affected by this rule. The amendment will not have an adverse effect on the Comission's responsibility for protecting the public health and safety and the comon defense and security.
The impact of the Act's uranium import ban, however, will have a substantial economic effect on those private U.S. industries that convert South African-origin uranium oxide U308 to UF6 for enrichment purposes for use by both domestic and foreign utilities. Although the staff is unable to determine the exact economic impact, it is known these companies represent a $100 million industry employing over 1,000 persons, and, with l
l respect to just their foreign customers, over 20% of the industry's throughput of Uf6 is South African-origin material. There also could be a i
substantial impact on Department of Energy enrichment services perfonned
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for foreign customers should the foreign users divert their conversion and enrichment contracts to other suppliers because of the ban. In the past year, DOE's enrichment contracts involving South African uranium are valued at approximately $200,000,000. The foreign users most likely to divert their services to other suppliers would be in Japan, Taiwan and Spain. The ban will have minimal impact on the domestic power industry which imports almost no South African uranium for domestic use.
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- 5. DECISION RATIONALE I l
i This rulemaking action relates solely to that provision of the Act j (section 309(a)) which prohibits the importation of uranium ore and uranium
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oxide produced or manufactured in South Africs. In order for NRC's l
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regulations to conform to the provisions of the Act, it is necessary for '
NRC to amend its license regulations to preclude the import of South African uranium pursuant to an NRC general import license. I
- 6. IMPLEMENTATION In accordance with the Act Sect'on 309(a), banning the importation of South African uranium ore and uranium oxide, will become effective on l December 31, 1986.
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ADJUDICAkbRY ISSUE )
May 21, 1987 SECY-87-128 (Affirmation)
For: The Commissioners From: William C. Parler General Counsel
Subject:
REQUEST FOR HEARING ON APPLICATIONS TO IMPORT URANIUM OF SOUTH AFRICAN ORIGIN Prior History: A discussion of the issues raised by the Anti-Apartheid Act is contained in '
SECY-87-116, " Existing Licenses Authorizing 1 Import of Uranium of South African Origin."
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tiscussion: Background
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On October 2, 1986 Congress enacted the , j comprehensive Anti-Apartheid Act of 1986. j Se,ction 309 of that Act prohibits the import 1 into the United States of (1) uranium ore, and (2) uranium oxide that is produced or manufactured in South Africa. Following enactment of this legislation, the Commission promulgated regulations which provided that no South Africa-origin uranium, regardless of its form, could be imported into the United ,
States without a license from the NRC.
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T. Rothschild x41465 -
Informatica in this record was deleted %, .
in accordance with the f om of information y, g Act, excm ti ns
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Commissioners 2 Eight license applications requesting authorization to import South Africa-origin uranium have been filed with the Commission. .
On February 17, 1987, seven members of the ,
House of Representatives (Congressmen Dellums, Dymally, Gray, Markey, Rangel, Richardson, and Wolpe), The Oil, Cgemical and Atomic Workers International Union , the Nuclear Control Institute, the American Committee on Africa, and the Washington Office on Africa filed a Petition for Leave '
to Intervene and Request for Hearing. After the period for filing intervention requests had expired, petitioners moved to amend their Petition to include Robert L. Chavez (an unemployed uranium miner), New Mexico state senator Carlos Cisnergs, and Henry Issacs (a south African exile) l l
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1 The Union subsequently withdrew i,ts request.
2 These same Congressmen, organizations, and individuals have also filed ^a separate petition asking the Commission to revoke' !
the eleven existing licenses which authorize the import of South l:
African origin uranium. The license revocation issue is e, addressed in SECY 87-116. i
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. 7 Commissioners' comments or consent should be provided directly to the Office of the Secretary by'c.o.b. Friday, June 5, 1987.
This paper is' tentatively scheduled for affirmation at an Open
. Meeting during the Week of June 8, 1987. Please refer to the appropriate Weekly Commission Schedule, when published, for a specific date and time.
DISTRIBUTION:
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