[Federal Register Volume 79, Number 132 (Thursday, July 10, 2014)]
[Notices]
[Pages 39415-39418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16173]
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NUCLEAR REGULATORY COMMISSION
[NRC-2014-0112]
Nuclear Regulatory Commission International Policy Statement
AGENCY: Nuclear Regulatory Commission.
ACTION: Policy statement; issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing an
International Policy Statement. The International Policy Statement
captures a brief history of almost 40 years of involvement in
international activities and how this has impacted the NRC. The
International Policy Statement also outlines how international
activities directly support the NRC's goals and mission, and enumerates
specific elements in which the NRC will proactively engage.
DATES: The International Policy Statement is effective July 10, 2014.
ADDRESSES: Please refer to Docket ID NRC-2014-0112 when contacting the
NRC about the availability of information for this policy statement.
You may access publicly-available information related to this policy
statement by any of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0112. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS,
please contact the NRC's Public Document Room (PDR) reference staff at
1-800-397-4209, 301-415-4737, or by email to [email protected]. The
International Policy Statement is available in ADAMS under Accession
No. ML14132A317.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Jack Ramsey, Office of International
Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-2744; email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The NRC's participation in international activities has evolved
since the establishment of the agency in 1975. The NRC's international
activities are wide-ranging, encompassing treaty implementation,
nuclear nonproliferation, export-import licensing for nuclear materials
and equipment, international safeguards support and assistance,
international safety and security cooperation and assistance,
international safety and security information exchange, and cooperative
safety research. These activities support the NRC's domestic mission,
as well as broader U.S. domestic and international interests.
[[Page 39416]]
II. Discussion
The purpose of this International Policy Statement is to
acknowledge the well-established Commission position that international
activities are integral to the NRC's core mission to ensure adequate
protection of public health and safety, to promote the common defense
and security, and to protect the environment. The International Policy
Statement captures a brief history of almost 40 years of involvement in
international activities and how this has impacted the NRC. The
International Policy Statement also outlines how international
activities directly support the NRC's goals and mission, and enumerates
specific elements in which the NRC will proactively engage. Finally,
the International Policy Statement provides the context of policy
elements, including their interrelationships, and establishes
Commission expectations for the consideration, prioritization, and
conduct of international activities. The NRC's International Policy
Statement is published in its entirety in the attachment to this
document, and is also available in ADAMS under Accession No.
ML14132A317.
III. Procedural Requirements
Paperwork Reduction Act Statement
This policy statement does not contain new information collection
requirements subject to the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.).
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a request for information or an information collection
requirement unless the requesting document displays a currently valid
Office of Management and Budget control number.
Congressional Review Act
This action is not a rule as defined in the Congressional Review
Act (5 U.S.C. 801-808).
Dated at Rockville, Maryland, this 2nd day July, 2014.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
Nuclear Regulatory Commission International Policy Statement
I. Background
The Nuclear Regulatory Commission's (NRC's) international
activities are wide-ranging, encompassing treaty implementation,
nuclear nonproliferation, export-import licensing for nuclear materials
and equipment, international safeguards support and assistance,
international safety cooperation and assistance, international
regulatory/safety information exchange, and cooperative safety
research. These activities support the NRC's domestic mission, as well
as broader U.S. domestic and international interests.
The NRC's participation in international activities has evolved
since the establishment of the agency in 1975. By statutory mandate,
Congress made the NRC the export-import licensing agent for the U.S.
Government for nuclear materials and equipment. As authorized under
U.S. Government-negotiated agreements pursuant to Section 123 of the
Atomic Energy Act of 1954, as amended, or through its own statutory
authority, the NRC issued, and continues to issue, licenses authorizing
export of U.S. nuclear power technology and nuclear material globally.
This, in turn, resulted in many countries' nuclear power programs being
based on or derived from U.S. technology or being dependent on supplies
of U.S.-origin fuel, equipment, maintenance, technical expertise, and
other support services. This exporting of U.S. nuclear technology
created a much larger operational experience base for U.S. technology
than existed in the U.S. alone. These developments directly supported
and influenced the NRC's domestic activities. For example, the NRC
sought close engagement, primarily through conduct of joint research
and exchange of operational experience information, with foreign
regulatory counterparts that had oversight of nuclear power technology
comparable to that in the U.S. This cooperative relationship included
both short-term and long-term working assignments at the NRC for
international regulatory counterparts.
Since its inception, the NRC has also maintained extensive
engagement with international organizations such as the International
Atomic Energy Agency (IAEA) and the Nuclear Energy Agency (NEA) of the
Organisation for Economic Cooperation and Development. In 1981, the NRC
and IAEA signed their first Memorandum of Understanding (MOU). This MOU
allowed the NRC's regulatory and safety expertise to be shared with the
IAEA and, subsequently, the world. Further, the agreement between the
United States and the IAEA covering application of safeguards in the
United States, consistent with the Nuclear Nonproliferation Treaty,
entered into force in late 1980. This agreement granted the IAEA
permission to apply safeguards to many NRC-regulated nuclear facilities
and activities. Internationally, the Convention on Physical Protection
of Nuclear Material was adopted.
Starting in the late 1980s, in recognition of changes in the U.S.
domestic nuclear power program and the international nuclear community
occurring as a result of both the Three Mile Island and the Chernobyl
accidents and significant foreign policy events such as the dissolution
of the Soviet Union, the NRC's international engagements significantly
expanded. The NRC, in close coordination with other parts of the U.S.
Government, established a nuclear safety cooperative effort with its
(then) Soviet regulatory counterpart. This effort later evolved to
include providing information, knowledge, and training to international
regulatory counterparts with oversight of Soviet-designed reactors to
assist them as they developed their national regulatory infrastructure
and programs. Internally, NRC Management Directive 9.14, ``Organization
and Functions, Office of International Programs,'' was developed to
reflect the NRC's steadily increasing and continually evolving
international activities and to establish roles and responsibilities
for international activities among the various NRC offices.
Internationally, the NRC, as a U.S. Government lead agency, actively
supported both the Convention on Assistance in the Case of a Nuclear
Accident or Radiological Emergency and the Convention on Early
Notification of a Nuclear Accident or Radiological Emergency.
Also, beginning in the late 1980s, as the NRC's cooperation
activities with other mature nuclear regulatory programs continued to
grow, the agency added a broad program of safety and, after 2001,
security assistance activities. These activities are focused on
providing information, knowledge, and training to other countries to
assist them as they develop their national nuclear regulatory
infrastructure and programs. These resources are expended without the
expectation that the exchange will provide immediate benefits to an NRC
regulatory program area. However, such exchanges are viewed by the
Commission, the larger U.S. Government, and the international community
as invaluable tools for establishing multilateral coalitions, enhancing
global nuclear safety and security, and strengthening regulatory
programs for nuclear power plants, research reactors, and radioactive
materials.
In the 1990s, the breadth and scope of the NRC's cooperative
efforts continued
[[Page 39417]]
to expand. Regulatory counterparts in countries to which U.S. nuclear
technology had been exported had now gained ten-plus years of
experience in oversight of the design, construction, and operation of
this technology. The NRC also gained knowledge and operating experience
information from other countries and applied this knowledge and
information directly to its domestic regulatory program.
Internationally, both the Convention on Nuclear Safety and the Joint
Convention on the Safety of Spent Fuel Management and on the Safety of
Radioactive Waste Management were negotiated and entered into force.
The 1990s also saw the foreign nuclear safety, security, and
nonproliferation policies of the broader U.S. Government directly
impact the NRC. A key nuclear security and non-proliferation foreign
policy objective of the U.S., for example, was elimination of stocks of
excess highly enriched uranium (HEU) from defense programs of the
Russian Federation, also known as the Megatons to Megawatts Program.
Achieving this policy goal entailed downblending this HEU into low
enriched uranium (LEU), transporting the resulting LEU to facilities in
the U.S. for conversion and processing, and eventually utilizing the
resulting LEU as fuel in commercial nuclear power plants. This activity
impacted the NRC's export-import licensing functions as well as the
NRC's safety, security, and safeguards responsibilities covering
transport of nuclear materials, fuel cycle facilities, and commercial
nuclear power plants. In addition, the Commission supported greater
controls over HEU exports to eliminate possible stockpiling of this
weapons-usable material in other countries while recognizing that the
manufacture of medical radioisotopes in existing research reactors
would require ongoing HEU exports as these essential medical supplies
no longer were manufactured in the United States. The NRC also shared
its regulatory expertise with foreign counterparts as research reactors
around the world are retooled to use LEU fuel, further promoting U.S.
nonproliferation goals.
Finally, in the last two decades, several momentous events have
significantly changed the landscape within which the NRC conducts its
domestic and international activities. These events include the
terrorist attacks of September 11, 2001, and the subsequent increased
focus on securing radioactive materials of concern. In response to the
latter, countries made political commitments to implement the IAEA's
Code of Conduct on the Safety and Security of Radioactive Sources
beginning in 2004. The Energy Policy Act of 2005 ensured the United
States adopted the Code in its entirety, which resulted in extensive
revisions to NRC's export-import requirements. Further, there has been
a resurgence of new build for commercial power reactors in the U.S. and
abroad, including the significant number of ``new entrant'' countries
seeking nuclear power programs. As a result, the manufacture of nuclear
parts and the provision of nuclear services have been significantly
reduced in the U.S. for domestic nuclear power reactor construction,
which has created dependence on the global marketplace among U.S.
nuclear power plant owners/operators. Also, first-of-a-kind
construction of new nuclear power plants, including technologies under
consideration for use in the U.S., is now occurring outside of the U.S.
and sensitive nuclear technology (including enrichment technology) has
been imported into the U.S. Finally, the March 2011 Fukushima-Daiichi
accident following the Great East Japan Earthquake and Tsunami had a
deep impact on the international community which is still absorbing the
``lessons learned'' from those events. All of these trends have sharply
increased the visibility of international standards and international
peer reviews, the need for strengthening and harmonizing the
international export-import regime, and the need for strong,
independent regulatory authorities.
II. Statement of Policy on International Activities
International activities are integral to the NRC's public health
and safety and common defense and security mission and directly support
U.S. foreign policy objectives. Specific elements in which the NRC will
engage include:
Implementing obligations pursuant to international
treaties and conventions and, with U.S. Government partners, supporting
development and adoption of those pertaining to the NRC;
Providing international assistance to foreign regulatory
counterparts for improving safety and security of civilian uses of
radioactive materials;
Fostering international technical cooperation, sharing
regulatory and operational experience, and supporting collaborative
research for the mutual benefit of NRC programs and those of our
international counterparts;
Enhancing development of global nuclear safety, security,
and safeguards regulatory partnerships; and
Demonstrating leadership on regulatory issues, both within
the international community and the U.S. Government.
III. Discussion
The policy statement provides four key, inter-related elements
within which international activities are examined, prioritized, and
conducted as an integral component of the NRC's mission. These
components must be balanced in effective agency programs that reflect
current Commission and U.S. Government priorities and the range of
organizational and technical priorities and objectives. As used in this
policy, the term ``radioactive materials'' is intended to cover all
aspects of use, including the fuel cycle, nuclear power generation, and
medical and industrial applications.
International activities are best conducted in an ongoing,
collegial manner in which the NRC is proactively engaged to provide
information and learn from others for the mutual benefit of all
participants. In certain cases, the NRC is requested to, and frequently
does, provide leadership for activities that reflect a high degree of
technical expertise or a focus upon process and solutions that are of
mutual benefit and a clear understanding of the cultural, political,
and technical needs and solutions.
The policy elements are not a specific priority ranking of
activities, although obligations mandated by law, treaties, and
conventions will be given the highest priority. Implementation of this
policy requires consistent dialogue and consultation across
organizational lines to ensure that the NRC's response to issues and
requests reflects both internal NRC and broader U.S. Government
priorities.
International activities is a very general term that includes a
variety of activities and program elements. Some of these elements
represent the changing marketplace and the globalization of the supply
chain. For example, regulatory activities that were previously
conducted exclusively within the United States, such as activities in
support of licensing and inspection, are now being conducted
internationally. Likewise, research on various issues is being
conducted both within the United States and internationally, and the
most effective leverage of resources and expertise will dictate a
particular approach for any given situation. All of the above are
international activities but are intertwined with domestic activities.
Other activities are more obviously identified as
``international,'' where the specific focus involves cooperation and
assistance activities with international counterparts and
organizations. These
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may be both bilateral and multilateral in nature and may, in any
particular circumstance, reflect several of the international policy
elements.
Because of the breath of its programs, resources, and expertise,
the NRC is often looked to for leadership in a wide variety of venues.
The NRC should, when it is appropriate to do so, provide such
leadership in a cooperative and collegial manner. The NRC should
continue to build partnerships with our international counterparts, and
should propose approaches to our counterparts that ensure equal
partnerships so as to be a positive influence in creating workable
technical and policy alternatives.
NRC participation in international activities should clearly
reflect our role and responsibilities as an independent regulatory
agency. Thus, our focus should be upon safety and security.
Satisfying international treaty and convention obligations, as well
as statutory mandates, is a significant priority for both the NRC and
the broader U.S. Government. For example, the NRC is a lead agency
within the U.S. Government for implementation of the Convention on
Nuclear Safety. The NRC has significant responsibilities supporting
broader U.S. Government commitments made through the Nuclear
Nonproliferation Treaty, the Convention on Physical Protection of
Nuclear Material, the Convention on Assistance in Case of a Nuclear
Accident or Radiological Emergency, the Convention on Early
Notification of a Nuclear Accident or Radiological Emergency, and the
Joint Convention on the Safety of Spent Fuel Management and on the
Safety of Radioactive Waste Management. The NRC also has a lead role in
domestic implementation of the Code of Conduct on the Safety and
Security of Radioactive Sources and the Code of Conduct on the Safety
of Research Reactors. By statutory mandate, Congress made the NRC the
export-import licensing agent for nuclear materials and equipment for
the U.S. Government. As such, the NRC has upheld, and will continue, to
uphold obligations pursuant to international treaties and conventions.
Further, the NRC proactively engages with its U.S. Government partners
on the development and adoption of proposed international treaties and
conventions that are relevant to its mandate.
International guides, standards, and recommendations document
internationally-accepted benchmarks and best practices. Such documents
are relied upon by the international nuclear safety and security
community. The NRC participates in the development, adoption, and
implementation of many such documents. Specifically, the NRC
participates in the Commission on Safety Standards; the Nuclear
Security Guidance Committee; and the Nuclear, Radiation, Transport, and
Waste Safety Standards Committees of the IAEA. The NRC also
participates in the work of the International Commission on
Radiological Protection and the United Nations Scientific Committee on
the Effects of Atomic Radiation. This participation allows the NRC to
share its experience broadly with the international standard-setting
community and to learn from others' experiences. As such, the
Commission believes that the NRC should support such efforts, as
appropriate. The Commission also expects the NRC's regulatory programs
to be appropriately informed by such international guides, standards,
and recommendations.
The NRC's international activities benefit, both directly and
indirectly, the NRC and its stakeholders. The NRC shares its regulatory
knowledge and experience with international regulatory counterparts.
Likewise, the NRC also seeks knowledge and experience from
international regulatory counterparts. The NRC continuously assesses,
and where relevant incorporates, international operating experience and
research insights into NRC's domestic regulatory program. The NRC also
routinely shares international operating experience and research
insights with the international community. The NRC provides
opportunities for assignment to the NRC of staff from international
regulatory counterparts. Likewise, the NRC seeks opportunities for
assignment of NRC staff to international regulatory counterparts to
broaden staff experience and perspectives. The NRC participates in
international cooperative research, through the NEA and others,
effectively leveraging resources and international expertise. The NRC
also provides assistance to international regulatory counterparts
looking to enhance their regulatory programs. Regulatory counterparts
of countries considering nuclear power, for example, request advice and
support for establishing their regulatory programs. Other counterparts
seek NRC's advice and assistance for enhancing oversight of their
existing nuclear power and research reactor programs. In addition,
NRC's advice and assistance for enhancing oversight of the use of
radioactive sources is often sought after globally. The Commission
believes that the partnerships created by the NRC's cooperation and
assistance efforts benefit the regulatory programs of the NRC and of
international counterparts, as well as the global nuclear safety and
security community. The Commission also supports broader U.S.
Government interests within the context of a strong, independent
regulatory agency.
The international community is united in its endorsement of the
need for open, transparent, and effective regulatory oversight of the
use of nuclear and radioactive materials. For almost 40 years, the NRC
has had regulatory safety and security oversight of one of the most
extensive civilian nuclear programs in the world. This includes power
and research reactors, fuel cycle facilities, waste facilities, and
radioactive sources. From this, the NRC has gained extensive and
diverse regulatory experience. The NRC's international activities also
align with broader U.S. Government foreign policy initiatives.
Assisting regulatory counterparts in enhancing oversight of radioactive
sources, for example, supports broader U.S. Government nuclear security
initiatives by reducing the likelihood that malevolent actors could
obtain such material for use in a radiological dispersal or exposure
device. As such, the Commission believes that the NRC should
demonstrate leadership on regulatory issues, both within the
international community and the U.S. Government.
[FR Doc. 2014-16173 Filed 7-9-14; 8:45 am]
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