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Advanced nuclear energy group outlines steps to streamline U.S. nuclear exports

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Advanced nuclear energy group outlines steps to streamline U.S. nuclear exports

A new report by an advanced nuclear advocacy group calls for changes in America's export controls of nuclear energy technology in a bid to open up foreign markets by speeding up authorizations without weakening nonproliferation safeguards. In its report, The Nuclear Innovation Alliance, or NIA, advocates reforming the U.S. Department of Energy's 10 CFR Part 810 regulations, which control the flow of unclassified nuclear energy technology and assistance to foreign nuclear power entities.

"Nuclear plant construction is booming outside of the United States and Europe," said NIA director Ashley Finan in a news release. "It is in the national interest of the United States to play a role in these developments to support nuclear innovation, and this requires efficient access to international markets."

However, the slow pace of U.S. government approvals for nuclear exports is hindering the U.S. nuclear energy industry's commercial competitiveness abroad, NIA said. According to the report, the Part 810 authorization process has ballooned since 1990 from an average of 130 days to a current average of 400 days.

Currently under Part 810 regulations, the U.S. Secretary of Energy must sign off on even the most minor actions, adding a substantial amount of time to processing export applications, said NIA. In contrast, not every export application for materials and equipment goes before the commissioners at the U.S. Nuclear Regulatory Commission. The NRC's Part 110 regulations also have a more risk-informed structure than the DOE's Part 810 process, said NIA.

"Improving U.S. regulatory efficiency will aid in nuclear energy innovation, providing major commercial opportunities while supporting responsible host nation oversight and helping to address global greenhouse gas emissions," said Matt Bowen, author of the report. "Our report notes that there are several ways to improve the performance of Part 810 by drawing on nuclear export control practices elsewhere in the federal government."

The China question

Among other recommendations, NIA urged the DOE to institute a new two-track approval process for specific technologies and countries that have made significant nonproliferation commitments to stop the spread of nuclear technology for military use. The NIA also called on the White House to issue an executive order affirming the importance of an efficient export control process and taking steps in that direction. The report also called on the Energy Secretary to revert to a previous and more efficient pre-2005 parallel processing structure for applications under Part 810, while the DOE and U.S. Congress enable the delegation of authority for actions under Part 810 to the Energy Secretary.

The NIA also urged the DOE’s offices of Nuclear Energy, Nonproliferation and Arms Control, and Intelligence and Counterintelligence to produce a classified study of nuclear energy technology transfers to Chinese companies. This classified report would provide a framework for future internal U.S. government discussions on nuclear exports to China, explained NIA.

"China is projected to build more than half of new global nuclear generation capacity over the next three decades, making it the most attractive market for nuclear companies worldwide to seek business opportunities," the report said. "The U.S. government is concerned with technology transfers to China, however, for reasons that include: China's nuclear energy cooperation with Pakistan, whether or not China is maintaining its nonproliferation commitments, intellectual property issues, and potential diversions of civil nuclear energy technologies to military activities (e.g., naval reactor programs)."

While the U.S. government currently seeks assurances from foreign governments for each export application that the technology will be used for peaceful means, the report said the U.S. Department of State should seek generic assurances from countries, when possible, to cover transfers of more minor exports before applications are submitted.

Finally, the report called for suppliers to engage in preapplication dialogue with the DOE and to create an industry forum for sharing Part 810 experiences in order to improve the quality of future applications.