ML19209C245
| ML19209C245 | |
| Person / Time | |
|---|---|
| Issue date: | 09/25/1979 |
| From: | Moore R NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP) |
| To: | NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP) |
| References | |
| NUDOCS 7910120258 | |
| Download: ML19209C245 (2) | |
Text
_
ja asog 4
jo UN TED STATES g
y}
c g
NUCLEAR REGULATORY COMMISSION gg V(p-.Wf/
~E WASHINGTON, D. C. 20555 SEP 2 51979 Memorandum to the File STAFF CONCLUSIONS REGARDING LICENSE TO EXPORT SOURCE MATERIAL TO FRANCE (XUO8464)
In June 1979, the U.S. Department of the Army, Tank Main Armament Systems, applied for a license to export 102.3 kilograms of depleted uranium to France.
The material will be centained in 30 U.S. Army 105mm Fin Stabilized Discarding Sabot cartridges XM774 and will be used by the French Government for test firing for evaluation purposes.
In response to our July 9,1979 request for views, the Executive Branch (1) concluded that issuance of the license would not be inimical to the cormon defense and security of the United States; (2) confirmed that the proposed export may be made without being subject to an Agreement for Cooperation since source material may be licensed under Section 64 of the Atomic Energy Act without the prerequisite of a Section 123 Agreement; and (3) concluded that the proposed expcrt is consis-tent with the provisions of the Atomic Energy Act of 1954, as amended by the NNPA of 1978.
These views and license application analysis by the Executive Branch were forwarded by a letter from the Department of State dated September 17, 1979.
The September 17 letter also noted that the Exe,:utive Branch is currently reviewing the question of appropriate assurances, conditions, and controls which could be applied to large exports of source material for the manufacture of penetrator munitions abroad.
However, it is the view of the Executive Branch that additional assurances are not necessary in this case on the basis of the end-use statement which specifies that the material is to be used solely for test firing within France under strictly specified conditions.
Depleted uranium for a non-nuclear end-use is not subject to the export licensing criteria in Section 127 of the Act and 10 CFR 110.42.
Although, the quantity of material involved in this case does not fall within the categories of materials listed in 10 CFR 110.40 which are normally reviewed by the Commissioners, the
& missioners did review and approve a similar license to the U.S. Department of the Army, Army Materials and Mechanics Research Center (SECY 79-242, XUO8423).
This license authorizes the export of 250 kilograms of depleted uranium in the form of bar stock to the U.K., for use in research involving large caliber armor piercing penetrators.
The staff has concluded (1) that there are no material changed circumstances which would affect the Commission's consideration of licensing criteria and which have occurred since export licenses XUO8423 and XUO8455 for similar material to the U.K. were issued on May 3, 1979 and June 20, 1979, respectively and (2) that there are no material changed circumstances which would affect the Commission's considera-tion of licensing criteria and which have occurred since export license XM08462 to France for material for a non-nuclear end use was issued on May 24, 1979.
1139 '84 2N 7910120
.- g Memorandum to the File 2.
Upon review of the Executive Branch analysis and the supportive documentation (refer: SECY 79-242), the staff has independently concluded that the requirements of the Atomic Energy Act and the NNPA of 1978 have been met and that the proposed license would not be inimi al to the common defense and security of the U.S. or constitute an unreasonable.isk to the public health and safety.
N
.ai Moore Senior Licensing Reviewer Office of International Programs i139 '85