For the reasons set forth in the Opinion of Commissioners Kennedy and Hendrie and the Opinion of Commissioner Gilinsky issued today, the Commission has decided to adhere to the policy reflected in several of its earlier export licensing decisions and will only consider those health, safety and environmental impacts arising from exports of nuclear reactors that affect the territory of the United States or the global commons. The Commission will not consider these impacts when acting upon exports of components or special nuclear material. The health, safety, and environmental impacts from individual fuel shipments or component shipments are generally de minimis and the Commission has consistently taken the position that individual fuel exports are not "major federal actions". See Edlow International, CLI76-6, 5 NRC 563, 584 (1976).

As noted in the earlier order, Chairman Ahearne and Commissioner

Bradford have dissented from the Commission's jurisdictional determinations.*

It is so ORDERED.

By the Commission

Dated at Washington, D. C.

this 6th day of May, 1980.

SAMUEL J CHILK

Secretary of the Commission

* Section 201 of the Energy Reorganization Act, 42 U.S. C. 5841, provides that action of the Commission shall be determined by a "majority vote of the members present." Commissioner Kennedy was not present at the meeting at which this Order was approved. Commissioner Kennedy had previously indicated his approval of this Order in an earlier session on the same date. To enable the Commission to proceed with this matter without delay, Commissioner Bradford, who was a member of the minority on the question up for decision, did not participate in the formal vote. He would have dissented. Accordingly, the formal vote of the Commission is 2-1.

APPENDIX 4

RESPONSES BY THE U.S. NUCLEAR REGULATORY COMMISSION TO QUESTIONS SUBMITTED IN WRITING PRIOR TO THE HEARING

QUESTION 1. What in your view, should be the role and responsibilities of the United States in assuring the health

and safety of its licensed nuclear exports?

ANSWER.

The Commission's detailed views on the NRC role regarding foreign health, safety and environmental matters are contained in the Commissioner opinions issued in the Philippine proceeding.

QUESTION 2.

To what extent has the Commission participated in the development of procedures pursuant to the President's Executive Order on the "Environmental Effects Abroad of Federal Actions" with respect to nuclear exports? What role will the Commission play in carrying out these new procedures?

ANSWER.

While NRC staff members contributed to some extent to the development of the Executive Branch procedures, the Commission did not formally participate. We decided it would be premature for the Commission to provide comments to the Executive Branch before we had the opportunity to re-examine our jurisdiction to consider health, safety, and environmental effects in the export licensing process. The Commission reached these jurisdictional decisions in its Philippine proceeding.

The Commission is in the process of formulating guidance to its staff on the role NRC will play in carrying out the procedures. Provided resources are available, the Commission will provide assistance to the Executive Branch when requested to do so.

Question 3:

Answer:

What actions has the Commission taken to date to implement
Alternatives 1, 2, 4, and 7 as contained in the NRC staff
memorandum "Health and Safety Considerations in NRC Reactor
Export Licensing and Nuclear Assistance Programs," and approved
by the Commission on September 14, 1978? In that connection,
has the Commission received specific foreign requests for U.S.
assistance to assure the health and safety of nuclear exports,
particularly since Three Mile Island? If so, what has been the
Commission's response?

Implementation of Alternative 1

The staff developed and presented to the Commission a plan for
expanding NRC's safety assistance to the regulatory authorities
of developing countries in the early stages of nuclear power
programs. While budgetary constraints, especially since the
accident at Three Mile Island, have not permitted a general
increase in assistance efforts, NRC has shifted the emphasis
within the program to three or four types of training and advisory
activities which appear most effective in transferring NRC expertise
to the regulatory organizations of developing countries. We have
emphasized the recruitment and placement of experienced NRC
personnel in IAEA advisory positions in developing countries,
various activities in which foreign inspectors and other safety
personnel are trained by NRC personnel either in formal training
courses or by observing and working with our staff, and activities
involving visits to developing countries by NRC specialists, upon
request, to offer advice on specific technical questions.

In recent months, we provided NRC experts in several speciality areas for short-term advisory visits to countries such as Mexico, Spain, Brazil, Korea, the Philippines, and Yugoslavia, which have requested our help either directly or through the IAEA on various

safety questions. We also cooperated in several IAEA training activities for developing country personnel, including courses in 1979 held in Korea, Germany, Turkey, and at the Argonne National Laboratory. In addition, NRC's training staff will present reactor safety courses in Brazil and Korea in 1980. Also in the training area, the staff has made arrangements for several foreign regulatory personnel to be assigned to work with NRC for various extended periods of time to gain experience in regulation and licensing.

Implementation of Alternative 2

The staff has also pursued the matter of a U.S. initiative in the IAEA to increase IAEA and other supplier states' reactor safety assistance to developing countries. The U.S. delegation to the IAEA Board of Governors meeting in February 1979 announced a special $54,000 contribution to the IAEA in the form of cost-free expert assistance in the nuclear safety area and asked the IAEA and its member states to take additional efforts to upgrade international safety assistance activities. Following the TMI accident, the IAEA Board of Governors, at its meeting in June 1979, approved a Supplementary Nuclear Safety Program, involving about $600,000 per year in additional nuclear safety efforts. NRC, as a contribution to this expanded program, provided a cost-free expert to work with the IAEA nuclear safety staff for a one-year period beginning late in calendar year 1979. This person's work, as well as a substantial part of the continuing Supplementary Nuclear