US warns Russia not to touch its sensitive tech at Ukraine's Zaporizhzhia nuclear plant

The United States Department of Energy sent a letter last month to Russia's state-owned nuclear energy firm, Rosatom, cautioning them against any interference with a nuclear power plant located in Ukraine that contains sensitive nuclear technology with belongs to US.

CNN reviewed a letter dated March 17, 2023, from the director of the US Department of Energy's Office of Nonproliferation Policy, Andrea Ferkile, addressed to Rosatom's director general. The letter warns Rosatom about potential interference with the Zaporizhzhia Nuclear Power Plant in Enerhodar, which allegedly houses US-controlled nuclear technical data that falls under export control by the US government.

US export controls apply to goods, software, and technology that have the potential to be utilized in a manner that undermines the national security interests of the United States.

The US Department of Energy's letter has come to light at a time when the Zaporizhzhia Nuclear Power Plant, the largest nuclear power station in Europe, remains under Russian control following the invasion of Ukraine in February. Despite being managed by Rosatom, the plant is still operated by Ukrainian personnel. However, due to the intense Russian shelling in the area, the plant has been frequently disconnected from Ukraine's power grid, sparking concerns across Europe about a potential nuclear accident.

The Energy Department's letter specifically warns Rosatom that any involvement by Russian individuals or entities in handling the US technology at the plant would be considered "unlawful."

“It is unlawful under United States law for non-authorised persons, including, but not limited to, Russian citizens and Russian entities,” the letter says, “such as Rosatom and its subsidiaries, to knowingly and willfully access, possess, control, export, store, seize, review, re-export, ship, transfer, copy, manipulate such technology or technical data, or direct, or authorize others to do the same, without such Russian entities becoming authorized recipients by the Secretary of the US Department of Energy.”

It remains unclear whether Rosatom has responded to the letter from the US Department of Energy. However, the National Nuclear Security Administration of the Energy Department has confirmed the authenticity of the letter to CNN in a statement.

The initial report of these letters came from RBC Ukraine, a Kyiv-based news outlet.

“The Department of Energy’s National Nuclear Security Administration can confirm that the letter is legitimate,” said Shayela Hassan, the deputy director of public affairs for the National Nuclear Security Administration.

She added: “The Secretary of Energy has the statutory responsibility for authorizing the transfer of unclassified civilian nuclear technology and assistance to foreign atomic energy activities. DOE does not comment on regulatory activities.”

Russia has no authority to transfer US tech: Letter

CNN has reviewed another letter, dated October 24, 2022, from Andrea Ferkile to the Energy Department's Inspector General. This letter provides an outline of the technology that the US has exported to Ukraine for the Zaporizhzhia Nuclear Power Plant and reiterates that the department has no record of any current authorisation to transfer this technology or technical data to any Russian individual or entity.

The US Department of Energy's Office of Nuclear Energy has been open about its support for the Zaporizhzhia Nuclear Power Plant, stating on its website in June 2021 that the US had assisted in implementing new maintenance procedures and operations at the plant that would enhance energy security in Ukraine.