NCI Publications and Reprints, 1981--1990 (2)

Comments on Proposed Rulemakings

"Comments on Scope and Content of Environmental Impact Statement to be Prepared for Proposed AVLIS/SIS Project." Submitted to DoE November 1986. 4 pages.

"Comments on Proposed Revisions to the Department of Energy's Rules Governing Unclassified Activities in Foreign Atomic Energy Programs. Submitted to DoE July 1986. 6 pages.

"Comments on Proposed Rulemaking Limiting the Use of Highly Enriched Uranium in Domestic Research and Test Reactors (10 CFR Part 50)," Submitted to NRC October 1984.

"Comments on Revised Proposed Rules Concerning Identification and Protection of Unclassified Controlled Nuclear Information." Submitted to DoE September 4, 1984.

"Comments on Proposed Rules Concerning Identification and Protection of Unclassified Controlled Nuclear Information." Submitted to DoE June 3, 1983.

"Comments on Proposed Rulemaking: Unclassified Activities in Foreign Atomic Energy Programs (10 CFR Part 810), November 1, 1982.

Legal Memoranda

"The Administration's "Precedents" Supporting the Advance, Long- Term Consent Arrangements in the U.S.-Japan Nuclear Agreement Are without Weight." February 9, 1988. 4 pages.

"The Advance Long-Term Consent Arrangements in the U.S.-Japan Nuclear Agreement are Contrary to the Requirements of Section 123 of the Atomic Energy Act." February 8, 1988. 8 pages.

"The Advance Long-Term Consent Arrangements in the U.S.-Japan Nuclear Agreement Violate the Procedures and Standards of Section 131 of the Atomic Energy Act." February 3, 1988. 9 pages.

"Section 131a.(3) of the Atomic Energy Act Provides No Authority for the Advance, Long-term Consent Arrangements in the U.S.-Japan Nuclear Agreement." February 3, 1988. 6 pages.

"Legal Deficiencies in the Proposed Agreement for Nuclear Cooperation between the United States and Japan." January 29, 1988. 4 pages.

"The United States-Japan Agreement concerning civil uses of atomic energy and its equivalency with the criteria of the NNPA of 1978." February 1987. 8 pages.

"Japanese Assurances Concerning Subsequent Retransfers and Utilization of Reprocessed Plutonium." February 1986.

"DOE Exemption from Import Licensing Requirements." February 1986. 5 pages.

"Congressional Review of Agreements for Nuclear Cooperation: Consultation Concerning Legal Sufficiency." October 7, 1985. 5 pages.

"Legal Deficiencies in the U.S.-China Agreement for Nuclear Cooperation and the Need for Enhanced Congressional Review." September 9, 1985.

"Application of NPT Prohibitions to 'Civilian' Nuclear Equipment, Technology and Materials Associated with Reprocessing and Plutonium Use." July 29, 1985. 41 pp.

"Use of Plutonium Produced by the Superphenix Reactor for Military Purposes." January 1985.

Legal Initiatives

To block proposed imports of South African uranium pursuant to ban on such imports enacted as part of Comprehensive Anti-Apartheid Act of 1986 (with Congressmen Dymally, Gray, Markey, Rangel, Richardson, Wolpe; the American Committee on Africa, Transafrica, Inc., and the Washington Office on Africa. Co-counsel: Lawyers' Committee for Civl Rights under Law. Appeal still pending. February 17, 1987

Lawsuit (Cranston v. Reagan) brought in U.S. District Court, Washington, May 17, 1985.

To challenge legality of U.S. nuclear cooperation agreements with Sweden and Norway that authorize blanket approval to separate weapons-usable plutonium from civilian power reactor fuel supplied by the United States (with Senator Cranston and Congressmen Barnes and Wolpe; Union of Concerned Scientists, Greenpeace USA; Greenpeace, Sweden; Natural Resources Defense Council and the Energy Resource Foundation). Dismissed on political-doctrine grounds.

Intervention before the Nuclear Regulatory Commission, July 28,

To block export of reactor components for India's Tarapur nuclear powerplant (with Federation of American Scientists, Union of Concerned Scientists, Greenpeace, Energy Research Foundation and SANE). Exports never approved. Intervention still pending.

Lawsuit (Nuclear Control Institute v. U.S. Nuclear Regulatory Commission) brought in U.S. District Court, August 6, 1982.

To challenge NRC's decision to withhold the text of the Morgan Memorandum, describing weakness in the IAEA safeguards system, from a member of the Commission. Court ordered NRC to declassify and release the memorandum, which was done on November 17, 1983.

Legislative Initiatives

Omnibus Diplomatic Security and Anti-Terrorism Act of 1986 (P.L. 99-399) required five Federal agencies to prepare independent reports on the adequacy of physical protection of plutonium and highly enriched uranium during transport and storage in civil programs outside the United States.

Proxmire Amendment to Export Administration Act of 1986 created new procedures for Congressional review of nuclear-cooperation agreements.

Wolpe/Glenn-Boschwitz Amendment to Export Administration Act of 1986 offered specific conditions for nuclear exports to China.

Nuclear Explosives Control Act of 1984 (H.R. 3053 S. 1326) proposed to tighten restrictions over production and use of nuclear-explosive materials and offered positive inducements to other nations to forego use of these materials in their nuclear programs. A joint statement endorsing this legislation was issued by Senators Cranston, Hart and Proxmire and Representatives Ottinger, Wolpe, Barnes and Markey.

Barnwell Funding Cutoff

Hart-Simpson-Mitchell Amendment to Atomic Energy Act outlawed the use of plutonium from U.S. commercial nuclear powerplants for nuclear weapons.

Testimony

House Committee on Foreign Affairs, March 2, 1988. Testimony on the proposed U.S.-Japan nuclear cooperation agreement.

Senate Committee on Foreign Relations, December 15, 1987. Testimony on the proposed U.S.-Japan nuclear cooperation agreement.

House Committee on Foreign Affairs, October 22, 1987. Testimony on Pakistan and U.S Nuclear Non-proliferation Policy.

Senate Committee on Foreign Relations, October 9, 1985. Testimony on the pending U.S.-China Nuclear Cooperation Agreement.

House Committee on Foreign Affairs, Subcommittees on Arms Control, International Security & Science and International Economic Policy and Trade, July 24, 1985. Testimony on U.S. plutonium-use policy.

Nuclear Regulatory Commission, Advisory Committee on Reactor Safeguards, June 1984. Testimony on the need to convert domestic research reactors from highly enriched to low-enriched uranium fuels.

Nuclear Regulatory Commission, January 1984. Testimony on the need to convert domestic research reactors from highly enriched to low-enriched uranium fuels.

House Committee on Foreign Affairs, October 20, 1983. Testimony on pending legislation to amend the Nuclear Nonproliferation Act of 1978 by closing loopholes that permit continued U.S. nuclear assistance to nations refusing to submit to full international inspections.

Joint hearing, Senate Committee on Foreign Relations and Committee on Governmental Affairs, September 30, 1983. Testimony on the Reagan Administration's non-proliferation policy.

U.S. Department of Energy, August 16, 1983. Testimony on Proposed Rules for Identification and Protection of Unclassified Controlled Nuclear Information (10 CFR Part 1017).

Senate Committee on Foreign Relations, September 29, 1982. Testimony on the Reagan Administration nonproliferation policy and prospective Japanese reprocessing of U.S.-controlled nuclear fuel.

Senate Committee on Foreign Relations, December 2, 1981. Testimony on weaknesses in the safeguards system of the International Atomic Energy Agency.

House Committee on Foreign Affairs, March 3, 1982. Testimony on weaknesses in the safeguards system of the International Atomic Energy Agency.

Senate Committee on Governmental Affairs, November 19, 1981. Testimony on the Reagan Administration's plan to use spent fuel from commercial nuclear power plants for the manufacture of nuclear weapons.

House Committee on Interior and Insular Affairs, October 1, 1981. Testimony on the Reagan Administration's plan to use spent fuel from commercial nuclear power plants for the manufacture of nuclear weapons.

Coalition Initiatives

Veteran arms-control negotiators urge that agreements to reduce nuclear weapons be explored before the U.S. begins construction of new tritium production reactors. Letter sent to Congressional leaders by Gerard C. Smith and Others. April 1989.

A request by representatives of twelve public-interest organizations that Congress defer appropriating funds for the construction of new military production reactors, pending an assessment of their need. This letter was sent to Congressional leaders in February 1989.

"Stopping the Spread of Nuclear Weapons: Assessment of Current Policy and an Agenda for Action," prepared by The Working Group on Nuclear Explosives Control Policy, July 1984.

Request for oversight hearings on the Administration's approval of the transfer of 253 kilograms of separated plutonium from France to Japan by ship. This was the first shipment of separated, weapons-usable plutonium approved by the U.S. for transfer outside of Europe since enactment of the NNPA. Letter requesting hearings was sent July 1984 to Rep. Dante Fascell and Sen. Charles Percy, chairmen of the Foreign Affairs and Foreign Relations committees, respectively.

Request for oversight hearings on the Administration's consideration of a request by Switzerland to permit the retransfer and use of U.S.-controlled plutonium as fuel in its commercial power program. A letter requesting hearings was sent to Rep. Dante Fascell, chairman, House Foreign Affairs Committee, and Sen. Charles Percy, chairman, Senate Foreign Relations Committee. February 1984.

Draft amendment to ban the use of commercial spent fuel for military purposes, November 1981, was sent to Senators Hart and Percy. Resulted in passage of the Hart-Simpson-Mitchell amendment.

Working Group on Nuclear Explosives Control Policy

Minutes of the presentation and question-and-answer portions of the following meetings are available:

12/19/81 Emmanuel Morgan, former IAEA inspector, on weaknesses in the IAEA safeguards system.

2/12/81 Gerald Brubaker, professional staff member, House Subcommittee on Energy Conservation and Power, on European nuclear programs and IAEA safeguards.

2/25/82 Peter Bradford, NRC Commissioner, on NRC's breeder, safeguards and export policies.

3/12/82 Keith &laser, nuclear staff specialist for Senator Gary Hart on nuclear waste and legislative issues.

4/2/82 Robert L. Gallucci, deputy director of the State Department's Office of Non-Proliferation and Export Policy, on nuclear trade and proliferation problems.

4/16/82 John M. Hamilton, nuclear staff specialist for Representative Jonathan Bingham, on nuclear export policy and amendments to the NNPA.

4/30/82 Keith Glaser and Gerald Brubaker, nuclear staff specialists for Senator Gary Hart and Representative Richard Ottinger, respectively, on amendments to the NNPA.

5/14/82 Dr. Warren Donnelly, nuclear nonproliferation expert for the Library of Congress, on the Reagan Administration's nuclear export policy.

6/4/82 Chris Bedford, Organizing Media Project, to screen a BBC program on nuclear development in Argentina.

6/25/82 Fred McGoldrick, director of the State Department's Office of Nonproliferation and Export Policy, on the U.S. plutonium-use policy.

7/9/82 James Asselstine, NRC Commissioner, on the Clinch River Breeder Reactor and nuclear-export licensing issues.

7/23/82 William O. Doub, a partner in Doub & Muntzing, on foreign perspectives on U.S. non-proliferation efforts and on the Reagan Administration's nuclear policy.

9/17/82 Lawrence Scheinman, a specialist on IAEA safeguards, on major issues before the 1982 General Conference of the IAEA.

10/1/82 Arch Roberts and Jack Hamilton, nonproliferation staffers on the House Foreign Affairs Committee, on their observations at the 1982 General Conference of the IAEA.

10/22/82 Leonard Weiss and Leonard Spector, non-proliferation staffers for Senator John Glenn, on the Reagan Administration's compliance with the NNPA.

11/1/82 Ruben McCornack, Nuclear Weapons Freeze Campaign, and Michael Mawby, Assistant Director of SANE, on results of the '82 Congressional elections and Freeze referenda and implications for arms-control legislation.

12/3/82 Representative Edward Markey, author, Nuclear Peril: The Politics of Proliferation, on his book.

12/17/82 Representative Jonathan Bingham, on current non-proliferation policies and the prospects for Congressional action.

1/14/83 NRC Commissioner Victor Gilinsky, on Reagan Administration nonproliferation policy and the NRC's role in controlling transfers of nuclear equipment and material.

1/28/83 Virginia Foote, Center for Development Policy, to screen the Center's slide show, "The Buddha is Smiling," on nuclear exports to the Near East and East Asia.

3/4/83 James Shea, Director of NRC's Office of International Programs, on pending nuclear exports to India, Argentina and South Africa.

3/18/83 Representative Richard L. Ottinger, chairman of the House Subcommittee on Energy, Conservation and Power, on nuclear proliferation, waste and safety issues.

4/8/83 Dr. Arjun Makhijani, author of Reprocessing Nuclear Spent Fuel, on safety and operating problems at reprocessing plants.

4/22/83 William Lanouette, author, on proposed U.S. breeder and reprocessing programs.

5/13/83 Bertrand Barre, nuclear attache at the Embassy of France, on France's breeder and reprocessing programs, nuclear exports, and response to U.S. fullscope safeguards proposals.

6/10/83 L. Manning Muntzing, president of the American Nuclear Society, on establishing a dialogue between the nuclear industry and its critics.

6/24/83 Mark Hertsgaard, author of Nuclear Inc., on the future of the nuclear industry. 7/15/83 James Devine, Deputy Assistant Secretary of State for Nuclear Energy and Energy Technology Affairs, on nuclear exports to India and the impact of the Chadha decision on the NNPA.

9/23/83 Eldon Greenberg, of Galloway & Greenberg, on the nuclear exports to India intervention before the NRC and Reagan Administration approval of exports to non- NPT nations.

11/4/83 Dr. R.R. Subrahmanyan, former Director of the Indian Institute of Defense Studies and Analysis, on India's non-proliferation policy and on U.S. exports to Tarapur.

12/9/83 Dr. Jose Maria V. Otegui, First Secretary for Political and Security Affairs at the Argentine Embassy, on Argentina's nuclear policies.

1/13/84 Dr. Thomas B. Cochran, NRDC, on the Nuclear Weapons Data Book and on DoE's isotope separation program.

2/3/84 Senator Rudy Boschwitz, on nuclear exports and amendments to the Export Administration Act.

2/24/84 Fred McGoldrick, Director of the State Department's Office of Nuclear Non-Proliferation and Export Policy, on U.S. plutonium-use policy.

3/23/84 Representative Howard Wolpe, House Foreign Affairs Committee, on non-proliferation amendments to the Export Administration Act.

4/9/84 Dr. Manfred Hagen, Controller of Fissile Materials of the West German Research & Technology Ministry, on Germany's plutonium-use policy.

6/1/84 Dr. Linda Gallini, executive coordinator of U.S. preparations for the 1985 NPT review Conference, on key political and technical issues at the Review conference.

7/13/84 David Albright, a physicist at the Federation of American Scientists, on the German nuclear program and the French Superphenix breeder reactor.

9/7/84 Eric Fersht, Greenpeace, on "Breaking the Chain," a film on the linkage between civilian nuclear activities and nuclear weapons.

10/12/84 Laura Worby, a consultant on nuclear waste issues, on spent-fuel management and disposal.

11/16/84 Leonard Spector, author of Nuclear Proliferation Today, on emerging nuclear weapons capabilities in 8 nations.

12/14/34 Paul Leventhal, President, Nuclear Control Institute, on the Japanese nuclear program, following a visit to Japan.

1/11/85 Dr. vastly Krivokhizha, Second Secretary of the Soviet Embassy on Soviet non-proliferation policy and the NPT Review Conference.

1/25/85 Dr. Lawrence Scheinman, professor of government, Cornell University, on strengthening the IAEA.

4/26/35 Dr. Warren Donnelly, senior energy specialist at the Library of Congress, on the outlook for U.S. non- proliferation policy during the 99th Congress.

5/10/85 Daniel Hirsch, Committee to Bridge the Gap, on ongoing efforts to convert university and other research reactors from bomb-grade to low-enriched uranium fuels.

6/6/85 K. Subrahmanyan, Director, Institute for Defense Studies and Analyses, on India's nuclear and related security developments on the Subcontinent.

9/6/85 Eldon V.C. Greenberg, Galloway & Greenberg, on legal implications of the pending U.S.-China nuclear cooperation agreement.

11/8/85 Dr. Yasumasa Tanaka, Gakushuin University, Tokyo, on Japanese-American nuclear relations, peaceful and military.

12/13/85 David Albright, a physicist with the Federation of American Scientists, on plutonium programs in West Germany.

1/17/86 Gerald Warburg, foreign affairs legislative assistant to Senator Cranston, on non-proliferation issues.

2/28/86 Dr. Bertram Wolfe, president of the American Nuclear Society, on U.S. non-proliferation policy.

6/20/86 Dr. Thomas Cochran, senior staff scientist of the Natural Resources Defense Council, on on-site monitoring of underground nuclear tests in the U.S. and the U.S.S.R.