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> SECY-03-0028
March 4, 2003
COMMISSION VOTING RECORD
DECISION ITEM: |
SECY-03-0028 |
TITLE: |
PROPOSED LICENSES TO EXPORT NUCLEAR GRADE GRAPHITE TO CANADA AND
OTHER COUNTRIES FOR NON-NUCLEAR END USE (XMAT0403 AND XMAT0404, RESPECTIVELY) |
The Commission (with Chairman Meserve and Commissioners Diaz and Merrifield
approving in part and disapproving in part) approved the subject paper
in part and disapproved in part as recorded in the Staff Requirements
Memorandum (SRM) of March 4, 2003. Commissioners Dicus and McGaffigan
approved the subject paper.
This Record contains a summary of voting on this matter together with
the individual vote sheets, views and comments of the Commission.
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___________________________
Annette L. Vietti-Cook
Secretary of the Commission |
cc: |
Chairman Meserve
Commissioner Dicus
Commissioner Diaz
Commissioner McGaffigan
Commissioner Merrifield
OGC
EDO
PDR |
VOTING SUMMARY - SECY-03-0028
RECORDED VOTES
|
APRVD |
DISAPRVD |
ABSTAIN |
NOT
PARTICIP |
COMMENTS |
DATE |
CHRM. MESERVE |
X |
|
|
|
X |
2/26/03 |
COMR. DICUS |
X |
|
|
|
X |
2/25/03 |
COMR. DIAZ |
X |
X |
|
|
X |
2/27/03 |
COMR. McGAFFIGAN |
X |
|
|
|
|
2/24/03 |
COMR. MERRIFIELD |
X |
X |
|
|
X |
2/27/03 |
COMMENT RESOLUTION
In their vote sheets, Chairman Meserve and Commissioners Diaz and Merrifield
approved in part and disapproved in part. Commissioners Dicus and McGaffigan
approved the subject paper. Subsequently, the comments of the Commission
were incorporated into the guidance to staff as reflected in the SRM issued
on March 4, 2003.
Commissioner Comments on SECY-03-0028
Chairman Meserve
I approve the application for immediate shipment of graphite to Canada
based on Canada’s impeccable nuclear non-proliferation credentials,
the Executive Branch’s determination of non-inimicality to the common
defense and security, and the need to provide relief to the shipper due
to adverse weather conditions for alternate supply and shipping routes.
Further, I approve the applicant’s request, as modified by the
Executive Branch, for shipment of graphite to a limited subset of end-users.
As with Canada, each of those countries are countries with strong nuclear
non-proliferation credentials and have provided the U.S. Government with
sufficient assurances for non-diversion to nuclear end-users.
I defer the request to approve shipment of the graphite to the other
listed end users pending receipt by the Executive Branch of proper assurances
of non-nuclear users and determinations of non-inimicality.
I am concerned that the applicant was unaware of export controls on
the nuclear-grade graphite product. In addition to full resolution of
the ongoing enforcement investigation, I urge the staff to work closely
with the Executive Branch and exporting community to prevent similar lapses
in seeking appropriate export licensing approvals.
Commissioner Dicus
I approve the issuance of export license XMAT0403 for a period of five
years to SGL Carbon, LLC for the shipment of up to 869,000.0 kg of bulk
nuclear grade graphite for the production of various non-nuclear commercial
articles by SGL affiliate, Spear Canada. I also approve the issuance of
export license XMAT0404 for a period of five years to SGL Carbon, LLC
for shipment of up to 11,617,833.0 kg of bulk nuclear grade graphite for
the production of various non-nuclear commercial articles to the European
Union countries, Czech Republic, Japan, New Zealand, Republic of Korea,
and Taiwan. Amendments to XMAT0404 for other requested designations may
be made contingent upon receipt of more specific contract information
from the applicant on anticipated future exports, and favorable views
from the Executive Branch, including U.S. assurances from foreign governments.
The Office of International Programs and the Office of Enforcement should
keep the Commission apprized of potential enforcement actions resulting
from the applicant’s past unauthorized shipments of nuclear grade
graphite before October 2002, when the applicant realized that it was
in violation of NRC’s regulations.
Commissioner Diaz
I approve the staff’s recommendations 1 and 2, i.e., issuance of
export license XMAT0403 (Canada) for a period of five years, and export
license XMAT0404 (only European Union countries, Czech Republic, Japan,
New Zealand, Republic of Korea, and Taiwan) for a period of five years,
subject to continuing assurance from the staff that the pending consideration
of enforcement action does not raise grounds for which the applications
should not be issued or should be revoked.
I note that OIP states that it has looked at “recent Department
of State telegrams and other sources of information and found nothing
which would preclude issuing the licenses to destinations approved by
the Executive Branch.” Thus, my approval is also based on the understanding
that the review of “other sources of information” has included
any relevant information from the intelligence community.
At this time, I am not prepared to support any action on other requested
destinations for requested export license XMAT404. Thus, I do not approve
the staff’s recommendation number 3. Not only are government-to-government
assurances for such destinations required, but the Executive Branch also
indicates that it “will require more specific information from the
applicant with respect to past and anticipated future exports before the
assurances can be requested.” I believe that the Commission should
review and formally approve or disapprove such additional amendments if
and when all necessary information and views are obtained.
Commissioner Merrifield
I approve, in part, and disapprove, in part. I approve the staff’s
recommendations 1 and 2 concerning the issuance of export license XMAT0403
to Canada for a period of five years, and export license XMAT0404 to the
European Union countries, Czech Republic, Japan, New Zealand, Republic
of Korea and Taiwan for a period of five years. I do not approve staff
recommendation 3. I wish to associate myself with the very thoughtful
analysis and comments provided by Commissioner Diaz.
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