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DOE Responds to ANS 10 CFR 810 Rule Questions

ANS Nuclear Cafe Blog Reveals DOE's Answers to Questions About 10 CFR 810

The Department of Energy’s Richard S. Goorevich answered questions presented by American Nuclear Society members to clarify details regarding the 10 CFR 810 rule: Assistance to Foreign Atomic Energy Activities, which goes into effect March 25, 2015. The full text with answer to all of the questions can be found on the ANS Nuclear Cafe. Here is the first question:

  1. What does the final rule achieve?    The final rule is intended to make a static regulation work in a flexible manner to meet the dynamic world of the commercial nuclear fuel-cycle and scientific pursuit of peaceful nuclear technology. Most importantly, the regulation is consistent with current global civil nuclear trade practices and nonproliferation norms, and updates the activities and technologies subject to the Secretary of Energy’s specific authorization and DOE reporting requirements. In line with the President’s export control reform initiative, the Department has moved from a list of countries requiring specific authorization to a list of generally authorized destinations, which are based principally on the U.S. agreements for civil nuclear cooperation (so-called Section 123 Agreements). The rule now has a more detailed scope section, expanded general authorization provisions, provides additional information on operational safety, and clarifies “deemed exports.” In addition to the regulatory changes, the Department has undertaken a process improvement plan and is developing an electronic submission and tracking system, called e810. The regulation revision provided DOE with an opportunity to overhaul and improve the efficiency of the Part 810 authorization process in order to ease the regulatory burden by reducing uncertainty and timelines while maintaining the highest level of nonproliferation control.
  2. Is it a simplification, a clarification, or designed to address a broader scope?
  3. 10 CFR 810 hasn’t been updated since the Cold War. What was the driving force that got it started, and when did the process begin?
  4. How would you say that the foreign policy landscape has changed since the last update, with regard to nuclear proliferation? 
  5. The rulemaking went through two notices. How did the perspective of DOE NNSA change from 2011 to today?
  6. Bilateral agreements under Section 123 of the Atomic Energy Act and Authorizations under Section 57b of the AEA through 10 CFR 810 seem to achieve similar ends. How would you guide someone to navigate the landscape necessary to open up nuclear technology trade with a new country? Are both agreements needed, or can one suffice to enable business to export US products and services? 

To finish reading the questions and answers please visit ANSNuclearCafe.org.

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