ML19254E141
| ML19254E141 | |
| Person / Time | |
|---|---|
| Issue date: | 09/19/1979 |
| From: | James Shea NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP) |
| To: | |
| Shared Package | |
| ML19254E142 | List: |
| References | |
| SECY-79-537, NUDOCS 7910310147 | |
| Download: ML19254E141 (3) | |
Text
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Saotember 19, 1979 SECY-79-537 C
MMM ER AUlON For:
From:
,3ames it. Shee, Directoc Office of International Programs Thru:
Executive Director for Operations -! ' h l (
Subject:
PROPOSED LICENSE TO EXPORT LOW ENRICHED URANIUM TO TAIWAN (XSNM-1229)
Purpose:
Commission review of proposed issuance of export license to General Atomic Company.
Review Dates:
60-day period expired October 15, 1978 120-day period expired December 14, 1978 Discussion:
On November 11,1977 General Atomic Company requested a license for the export of 3565 grams of uranium contatring 715 grams U-235 (20.06 percentenriched). This request was & mended by letter of March 22, 1978 from General Atomic to increase the amount of uranium to 3630 gra.ns, with a meximum enrichment of 19.9 percent. The material will be fabricated into 15 TRIGA fuel elements by General Atomic for use in the Tsing Hua open-pool research reactor (THOR).
The application was fomarded to the Executive Branch for I
review and comment on November 25, 1977 and April 7, 1978.
On August 15, 1978 the Executive Branch (1) advised NRC that issuance of the proposed license would not be inimical to the interests of the U.S., including the common defense and security; (2) confirmed thr.t the material will be subject to the tems and conditions of the Agreement for Cooperation between the U.S. and Taiwan; and (3) confirmed that Taiwan had adhered to the provisions of its Agreement for Cooperation.
The Executive Branch also forwarded an assurance letter from the Taiwan Government which contains the written physical security assurances required by 10 CFR 110.43(b).
Final processing of this case, as well as all Taiwan nuclear exports, was delayed pending clarification, through passage of tre Taiwan Relations Act, of the basis for continued nuclear cooperation wich Taiwan, and Commission review of the implications of the Act.
In June 1979, the Commission approved the issuance of several major export licenses for Taiwan and j
k this case was then prepared for final processinq by the staff.
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Discussion:
Under the provisions of 10 CFR {110.40 this request would (cont'd) fall within the category of minor cases; thus Commission review would normally not be required. However, pursuant to Commissioner Bradford's request, which resulted from questions concerning Taiwan's nuclear program, this case is being submitted for Commission review.
':1e staff notes that, based upon recent checks with the appropriate Executive Branch agencies (the most recent on September 4), there have been no significant developments to report with respect to Taiwan beyond those which the Commission is aware of from previous classified briefings and literature.
The staff will continue to monitor and report on auclear-related activities in Taiwan and will arrange for additional briefings to be presented to the Commission should the situation dictate.
Further, the staff believes that there are no material changed circumstances, since issuance of export license XSNM1341 for LEU to Taiwan on June 8,1979 after Commission review, which affect the Commission's finding that the export licensing criteria are met with respect to exports to Taiwan.
This procedure is authorized by fl10.44(a)(2) of Part 110 and is based on section 126(a)(2) of the AEA as amended by the NNPA of 1978. The staff has also concluded that this export would not be inimical to the common defense and security of the U.S.
In light of the above, it is the staff's view tf at future processing of minor cases for Taiwan can proceed at the staff level in the absence of material changed circumstances.
The following documents are pertinent to the subject application:
(1) Executive Branch views of August 15, 1978 recommending issuance (Appendix A); (2) application of November 11, 1977 and amended request of March 22, 1978 (Appendix B); and (3) copy of the proposed license (Appendix C).
NMSS Technical The proposed export of low enriched uranium fuel elements Review:
will be subject to IAEA safeguards in Taiwan. Although insufficient information is available to completely evaluate the adequacy of safeguards in Taiwan, NMSS believes that the control and accounting for the relatively small quantity of material in reactor fuel elements on an item basis is within State capabilities and should pose no serious safeguards problems for the IAEA.
NMSS has reviewed the program in Taiwan for the physical protec-tion of low enriched uranium and research reactors and found it adequate to meet the requirements of 10 CFR 110.42 and 110.43, 1235 279
3 Urgency:
As the Commission is aware, General Atomic, by letter dated August 15, 1979, advised NRC that this request was urgent and requested (1) prompt issuance of the proposed export license or (2) an explanation for nonissuance. The staff prepared a response to GA advising that the subject request would be forwarded to the Comission for final review in the near future. This response was recently forwarded for Comission clearance.
Recommendation:
That the Commission:
1.
Approve issuance of the proposed license.
2.
Note that, unless there is a material change in circumstances, the staff plans to process future minor cases for Taiwan without referral to the Commission in accordance with the provisions of Part 110.40 unless otherwise advised by the Commission.
Coordination:
ELD has no legal objection.
Additional classified NMM comments are being forwarded by separate memorandum.*'
/'i SEP 181979 w//., v.J- }.Lc r James' R. Shea, Director Office of I.nternational Programs
Enclosures:
1.
Appendix A - Executive Branch views dtd 8/15/78 2.
Appendix B - Appl. dtd 11/11/77 and amended request dtd 3/22/78 3.
Appendix C - Copy of proposed license DISTRIBUTION:
Commissioners Comission Staff Offices Exec. Dir. for Opers.
Secretariat NOTE:
Comissioner coments should be provided directly to the Office of the Secretariat, by c.o.'o.
Friday, September 28, 1979 Commission staff office comments, if any, should be submitted to the Commissioners NLT September 26, 1979
, with an information copy to the Office of the Secretariat.
If tiie paper is of such a nature that it requires additional time for analytical review and comments, the Conmission and the Secretariat should be apprised of when comments may be expected.
SECY NOTE:
Ref. SECY-79-537A (CLASS 1FIED), dated September 19, 1979.
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