Assessing NRC’s Nonproliferation Efforts
The NRC has denied
a petition for rulemaking filed by the American Physical Society. The
APS wanted the NRC to require applicants for licenses for uranium
enrichment or spent fuel reprocessing facilities to include a
proliferation risk assessment in their license applications.
In denying the petition, the Commission approved the staff’s two main reasons for the decision:
nonproliferation considerations are already an important part of the NRC’s regulatory process; and
the federal government, with its diplomatic and intelligence resources,
can evaluate proliferation risks better than a license applicant.
What does this mean?
Proliferation
in international affairs refers to the spread of nuclear weapons
knowledge, technology and capability. Uranium enrichment and the
extraction of plutonium through reprocessing spent fuel are two primary
paths for developing nuclear weapons.
Nonproliferation
is a policy objective of the U.S. and the international community (most
notably through the International Atomic Energy Agency) to prevent the
proliferation of nuclear weapons by state and non-state actors. A key
way of achieving this goal is to block the spread of nuclear technology
used to produce weapons-usable material. The
State Department is the lead U.S. agency on nonproliferation issues.
Support comes from the Commerce, Defense and Energy departments, the
intelligence community and the NRC.
The
APS said in the petition they were concerned advances in enrichment or
reprocessing technologies might make it easier for other countries to
develop nuclear weapons. The group filed the petition after GE-Hitachi
applied for a license to build and operate an enrichment plant in North
Carolina using laser technology developed in Australia. (The NRC granted
that license last September.)
Because
the laser technology was developed in Australia, the State Department
conducted a proliferation assessment in 1999 as part of the original
agreement to import the technology to this country. There is no
requirement for such an assessment if the technology is developed and
licensed here.
NRC
regulations already provide a number of protections against the
unauthorized spread of sensitive information, technology or material
from the U.S.
• Physical security: Licensees must protect against sabotage or theft of special nuclear material at their facilities and in transit.
• Material control and accounting:
Licensees must control and account for their inventories of special
nuclear material and document its transfer. This includes protection
against unauthorized production of enriched uranium or plutonium.
• Information security:
Licensees must prevent unauthorized access to classified information
and technology, through security clearances, physical protection, and
cyber security.
• Export-import licensing:
The NRC must approve the export or import of certain nuclear materials
and equipment. Countries receiving the exports must provide assurances
that the material or equipment will be protected, at least to the level
in internationally-agreed guidelines.
As
the staff noted in the petition denial, these requirements and NRC’s
continuous oversight form a tapestry of protection for nuclear material
and technology. These regulations – focusing on preventing the theft or
diversion of radioactive materials and classified technologies – provide
day-to-day protection against proliferation risks.
The
Commission directed the NRC staff to periodically review these
regulations and guidance. Why? To ensure they are robust enough to meet
new proliferation challenges related to building and operating
enrichment or reprocessing facilities the NRC has not previously
licensed.
But
that’s not all. The NRC also supports U.S. nonproliferation policy
through its regular interactions with the State Department and other
agencies. The NRC continuously shares and receives information related
to various threats and activities, including those related to
proliferation concerns, inside and outside the country. The NRC also
supports U.S. participation in the Nuclear Suppliers Group. This group
of countries seeks to ensure that nuclear trade for peaceful purposes
does not contribute to the proliferation of nuclear weapons technology.
The
Commission also concluded there is a need to communicate more
effectively with the public on how the NRC holistically addresses
non-proliferation objectives in agency processes. And to communicate on
how the agency contributes to broader government nonproliferation
efforts.
The
NRC will continue to support the State Department and other federal
agencies in these efforts, we will also continue to address
proliferation risks in our comprehensive regulations for physical
security, material control and accounting, information security, cyber
security, and export control.
For
these reasons, the NRC is confident these multiple layers address
proliferation risks and concerns that might be raised by NRC licensing
enrichment or reprocessing facilities.
The
NRC’s decision to deny the APS petition will be explained in greater
detail in a Federal Register notice to be published soon. The staff
paper recommending denial, the Staff Requirements Memorandum approving that recommendation, and the Commissioners’ voting records are available on the NRC website.
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