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PRESS RELEASE

FROM

NUCLEAR CONTROL INSTITUTE,
FEDERATION OF AMERICAN SCIENTISTS,
UNION OF CONCERNED SCIENTISTS,
GREENPEACE,
ENERGY RESEARCH FOUNDATION,
COMMITTEE FOR A SANE NUCLEAR POLICY (SANE)

HOLD FOR RELEASE AFTER 1 PM
Contact: PAUL LEVENTHAL, 822-8444

THURSDAY, JULY 28, 1983

LEGAL CHALLENGE TO BLOCK NUCLEAR EXPORTS TO INDIA ANNOUNCED BY SIX PUBLIC-INTEREST ORGANIZATIONS

Washington--- Six public-interest organizations today challenged as illegal the Reagan Administration's plan to provide more nuclear assistance to India despite India's continuing program to develop nuclear weapons.

The coalition joined in a legal action to block export of reactor components for India's nuclear powerplant at Tarapur, near Bombay. The groups filed a petition today with the Nuclear Regulatory Commission to intervene in an export- licensing proceeding involving the spare parts for the U.S.- supplied plant.

Joining in the legal action were the Nuclear Control Institute, Federation of American Scientists, Union of Concerned Scientists, Greenpeace, Energy Research Foundation and Committee for a Sane Nuclear Policy (SANE).

The groups contended that India is violating nuclear- export requirements in U.S. non-proliferation law by actively pursuing a nuclear-weapons program that began with India's "peaceful nuclear explosion" in 1974. India also is in violation of U.S. requirements, the coalition stated in its petition, by refusing to guarantee that international safeguards inspections will be permitted indefinitely to verify that the twin reactors at Tarapur, and the plutonium produced by them, are not used for the manufacture of nuclear weapons.

The coalition's petition to the NRC was filed in response to Secretary of State Shultz' announcement in New Delhi on June 30 that the United States would supply India with reactor parts not available from other countries. Shultz' action served to break a logjam that dates back as far as May, 1980 on six applications to export reactor components to India. The applications, filed by General Electric, manufacturer of the Tarapur plant, and by four other American companies, had lain dormant before the NRC in the absence of an Executive Branch recommendation, as required by law, that the exports go forward.

The required recommendation was held up pending the outcome of U.S. diplomatic efforts to win firm commitments from India not to repeat its nuclear test of 1974, as well as to permit continued international safeguards inspections and U.S. controls on plutonium produced at Tarapur through use of nuclear fuel and equipment supplied by the United States. India has refused to make any such commitments, proceeding instead to prepare another nuclear test site and threatening, over U.S. objections, to extract pure, explosive plutonium from the Tarapur plant's used, or "spent," fuel.

The Reagan Administration is expected to recommend to the NRC to proceed with the exports anyway, based on a statement by a State Department spokesman with Shultz in India that the Administration "is prepared to take the necessary actions to supply those parts which are not available from elsewhere," including "the kind of action that will permit those spare parts to be made available in the United States."

In a joint statement on behalf of the coalition of publicinterest intervenors, Paul Leventhal of Nuclear Control Institute said: "The Reagan Administration is caving in to Indian demands for the reactor parts, ostensibly for health and safety reasons, but actually to remove what it considers an irritant from U.S.-India relations. India has made no concessions on altering the military nature of its supposedly peaceful nuclear program. Still in dispute is control over the one metric ton of plutonium produced thus far at Tarapur--- enough for about 150 atomic bombs. The Administration is squandering legitimate leverage by agreeing to supply reactor parts that cannot be obtained elsewhere. This undermines longstanding American efforts to curb the spread of nuclear weapons. U.S. appeasement in the face of Indian blackmail will not go unnoticed in the world community. It can only embolden other nuclear customers of the United States to follow India's example."

In rejecting Reagan Administration contentions that the reactor parts should be exported for humanitarian reasons to eliminate high levels of radioactivity that threaten plant workers and residents near Tarapur, the intervenors state in their petition that the exports "by prolonging the unsafe operation of Tarapur, will exacerbate these problems and contribute to the continuing accident and other health and safety risks" associated with operation of the facility. The petitioners noted that the radiation hazards at Tarapur are caused in large part by 'leakage from fuel elements fabricated by the Indians themselves --- a problem that the spare parts ordered by India will not eliminate.

"The risk of a serious reactor breakdown or accident, resulting in widespread death or disease, threatens U.S. relations with India and other U.S. trading partners," according to the petition filed with the NRC. "Accordingly, authorization of these exports would be 'inimical to the common defense and security' (within the meaning of the law governing exports of reactor components) and, therefore, the Commission cannot lawfully grant the pending license applications."

In addition to the health and safety question, the petition cited the following additional reasons why the Nuclear Regulatory Commission is barred from authorizing the exports by the Atomic Energy Act, as amended by the Nuclear Non-Proliferation Act of 1978:

Copies of the coalition's petition can be obtained from Nuclear Control Institute (822-8444) or from Eldon Greenberg (833-9084), attorney for the intervenors. Organizations joining in the intervention are listed below.

Coalition of Intervenors

Nuclear Control Institute
1000 Connecticut Avenue NW
Washington, D.C. 20036
202-822-8444

A 1,000 member non-profit organization engaged in developing studies and strategies for stopping the further spread of nuclear weapons.

Federation of American Scientists
307 Massachusetts Avenue, NE
Washington, D.C. 20002
202-546-3300

A non-profit, membership organization composed of 5,000 natural and social scientists concerned with arms control and other problems of science and society.

Union of Concerned Scientists
26 Church Street
Cambridge, Mass. 02238
617-547-5552

A non-profit organization, supported by contributions from 100,000 citizens, and organized by a coalition of scientists, engineers and other professionals concerned with the impact of advanced technology on society, especially in energy and weapons policy areas.

Greenpeace
2007 R Street, NW
Washington, D.C. 20009
202-462-1177

A non-profit organization with 280,000 members in the U.S. concerned with protection of the global environment, with particular concern for wildlife protection, control of toxic substances and disarmament.

Energy Research Foundation
2530 Devine Street
Columbia, S.C. 29205
803-256-7298

A non-profit, operating foundation engaged in research and public education on nuclear and other energy issues.

SANE
711 G Street, SE
Washington, D.C. 20003
202-546-7100

A 60,000 member non-profit organization concerned with organizing citizens to lobby and disseminate information on arms control and economic conversion issues.




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