IAEA Upgrading of Health and Safety Since TMI

As a result of the TMI accident, the Director General of the Agency assembled a group of nuclear safety experts to provide advice on possible new initiatives which the IAEA might undertake in the area of nuclear power plant safety. The group agreed that the Agency had an increasingly important role to play in this area, and made specific recommendations dealing with reflecting the lessons learned from Three Mile Island in the development of safety guidelines and codes of practice, encouraging a greater exchange of safety information, expanding mutual assistance in the event of emergencies, and increasing IAEA efforts aimed at assisting member states to strengthen their national regulatory capabilities.

Most of the group's major recommendations were included in Director General Eklund's statement to the June 1979 Board of Governors meeting and were accepted. The additional budget resources needed to implement these proposals, estimated to be over $600,000, were to be drawn from voluntary contributions for the remainder of 1979 while those for 1980 are to be provided within the regular budget.

With regard to Mr. Rosen's recommendations at the IAEA Symposium, we understand Mr. Rosen helped define the Supplementary Nuclear Safety Program of the IAEA, More frequent and periodic

safety reviews are included, but not on a mandatory basis.

Question 5: What is the extent of Commission resources devoted to international

health and safety issues, including those requested in the FY 80 NRC budget? Does the NRC participate in IAEA safety missions in developing countries? What NRC personnel are currently working with foreign regulatory agencies? Are personnel from foreign regulatory agencies presently working at the Commission?

Answer:

Resources Devoted to Safety Assistance

NRC's international safety assistance program is supported by a
number of members of the technical staff who devote a few days or
weeks each year to various IAEA and bilateral activities coordi-
nated by our Office of International Programs. Annually, we
expend the equivalent of about 10 staff years in safety assistance.
Because of TMI and budgetary constraints in areas other than
domestic reactor licensing and inspection, we have not been able
to expand this level of effort as we had once planned. However,
we have shifted the emphasis within the program to three or four
high-payoff types of training and advisory services as noted in the
answer to question 3.

Participation in IAEA Safety Missions

NRC attempts to respond to requests made to us by the IAEA to
nominate NRC or other suitable U.S. experts to participate in IAEA
safety missions. One recent request involved a safety mission to
the Lemoniz reactor in Spain in 1979. IAEA requested, and NRC
provided, two experts for that mission. Additionally, NRC partic-
ipation has been requested for safety missions to Yugoslavia and
Mexico in 1980. In addition, NRC staff experts also participate
in bilateral safety assistance efforts provided directly to the
host country, usually with IAEA sponsorship.

NRC Personnel Serving with Foreign Regulatory Agencies

At the moment, there are three staff members who are serving one

to two-year assignments, as IAEA safety advisers, with the regulatory agencies of developing countries, one in the Philippines, and two in Mexico. Spain, through the IAEA, has also requested an NRC technical expert beginning in June 1980.

Foreign Personnel Working with NRC

Some 30 foreign regulatory personnel from 10 countries have served training assignments in the United States, working alongside the NRC staff. We currently have with us, for long-term assignments, one from the Philippines, one from Turkey, and two from Spain. Additional proposed assignments are currently under review involving personnel from the Philippines, Brazil, Korea, Taiwan, and France. NRC has also offered to refer foreign regulatory candidates to Metropolitan Edison to participate actively in the cleanup operations

at TMI. Thus far, Spain, Taiwan, and Brazil have submitted

candidates.

QUESTION 6.

What is the status of the pending Westinghouse application for the export of a nuclear power plant and related equipment to the Philippines? How has the Commission factored into its own reviews the result of an analysis performed by the IAEA, in response to a request by the Philippine government, concerning the health and safety effects of this nuclear power plant project? Is the Commission lending any assistance to the review of this project recently commissioned by President Marcos?

ANSWER.

On May 6, 1980, the Commission ordered the issuance of an export license authorizing Westinghouse to export to the Philippines a nuclear reactor. In making this determination the Commission considered only those health, safety and environmental impacts that would occur in the United States or on the global commons as a result of the proposed export. The Commission therefore did not take into account the results of the IAEA analysis which focused on the impacts that would occur in the Philippines.

The NRC staff provided answers to several questions posed

by the Puno Commission.

65-506 0 80 15

This pleading is filed by the Department of State, on behalf of the Executive branch, in response to the Commission's Order of October 19, 1979, in the captioned proceeding requesting views on a number of specifically enumerated procedural and jurisdictional issues. These issues arise in the context of the Com mission's decision to order, in accordance with Section 304 (b) (2) of the Nuclear Non-Proliferation Act of 1978, 42 U.S.C. 2155a, and 10 CFR 110.84 (a), public proceedings relating to its consideration, pursuant to sections 103, 109 and 126 of the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2133, 2139, 2155, of Westinghouse Electric Corporation's export license applications XR-120 and XCOM-0013, for the export of a nuclear power reactor and related components to the Philippines.

Question 1. Whether (and if so, to what extent) the Commission

possesses the legal authority or a legal obligation to
examine the health, safety and environmental impacts
of an exported nuclear facility in reaching its
licensing determination (specifically, which of the
seven issues raised by Petitioners are appropriate
for Commission review)?