ML19257A976
| ML19257A976 | |
| Person / Time | |
|---|---|
| Issue date: | 12/13/1979 |
| From: | James Shea NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP) |
| To: | |
| Shared Package | |
| ML19257A977 | List: |
| References | |
| SECY-79-014C, SECY-79-14C, NUDOCS 8001140149 | |
| Download: ML19257A976 (5) | |
Text
.
/-
_ December 13, 1979 SECY-79-14C COMMISSIONER ACTION
(
For:
The Commissioners From:
James R. Shea, Director Office of International Programs Exet:utive Director for Operations b h "
- Thru:
Subject:
APPROVAL OF PROPOSED LICENSE TO EXPORT HIGH ENRICHED URANIUM TO JAPAN (XSNM-1435, SECY 79-148)
Purcose:
Comission review of proposed issuance of subject license to Nissho-Iwai American Corporation Review Dates:
60-day period expires on January 12, 1980 120-day period expires on March 13, 1980 Discussion:
In December 1978, Nissho-Iwai American Corporation applied for a license to export highly-enriched uranium to Japan for use in the Kyoto University Critical Assembly (KUCA).
The application was amended in April 1979 to read 14 kilo-grams of uranium, enriched to 45.40%, containing 6.356 kilograms of U-235, and to identify CERCA in France as the intermediate consignee for fuel fabrication.
KUCA is located at the Kyoto University Research Institute in Osaka, Japan. This assembly first achieved criticality in August 1974.
The material, in the form of uranium metal, will be fabricated into fuel elements by CERCA using power metallurgy techniques and will have a uranium content of about 42% by weight. The medium-enriched uranium will be used in er.e cylinder of the C core of KUCA. The lifetime of the fuel is indefinitely long since the power level of the critical assembly is on the order of 100 watts.
The original application was forsarded for Executive Branch review and comment on January 4, 1979. On April 30 the Executive Branch (1) advised NRC that issuance of the proposed license would not be inimical to the comon defense and security of the United States; (2) confirmed
Contact:
J. Dunn Lee (492-7934)
M.R. Peterson (492-7886) l[f7 }gg 8 0 01140 IWi.
. that the material will be subject to the tenns and conditions of the U.S.-Japan Agreement for Cooperation and, during the time it is in EURATOM, the U.S.-EURATOM Additional Agreement for Cooperation; (3) confirmed that Japan and EURATOM have adhered to the provisions of their Agreements for Cooperation; and (4) concluded that all the criteria of the NNPA or their equivalent currently are met.
Also on April 30, the license amendment was received and, accordingly, no further action was taken on this case at the time except to forward the amended application to the Executive Branch for their review and coment on May 10.
The Executive Branch's response was not received until November 13 and in it the Executive Branch reconfirmed its findings and stated that there are no material chanced circumstances since submission of its detailed analysis of April 30,19^ 9 (see SECY 79-14A dated May 11,1979).
The Executive Branch's April 30 analysis notes among otner things that:
o KUCA consists of three separate cores: the A and B cores are operated with solid moderator fuel only and the C core is operated with light water as the moderator and heavy water as the reflectori The C core is a detailed critical assembly mockup of the Kyoto University High Flux Reactor (KUHFR) which is now nearing completion.
(Export license application XSNM01271 for 42 kilograms of 93.3% enriched uranium for the initial fueling of the KUHFR is currently pending Executive Branch review).
o There is a cooperative study program underway between Argonne National Laboratory and Kyoto University Research Institute to evaluate reduced enrichment alternatives for KUHFR.
Initial results of this study indicate the possibility of reducing enrichment from 93% to 45% without significant performance loss or fuel cycle cost penalities, if the uranium density in the fuel meat is increased to 42% by weight.
o Beginning in late 1980, the fuel will be used in the C core of KUCA for detailed physics and engineering measurements on a KUHFR design. These results together with burnup tests conducted at Oak Ridge this year are intended to:
(1) demonstrate the feasibility of using 45% enriched uranium fuel in the KUHFR; (2) provide detailed comparisons of reactor performance and fuel cycle costs between 45% and 93% enriched fuel; and (3) provide sufficient data to permit expedited safety approvals of the KUHFR operation by Japanese licensing authorities.
lJ6/ ]3
3-o The KUHFR is currently scheduled to begin operation with 93% enriched fuel in mid-1981.
If the demonstration experiments with the 45% fuel in the KUCA are successful, the KUHFR is expected to convert to the 45% enriched uranium fuel by mid-1983.
In examining the question of whether it would be possible to operate KUCA on uranium of lower enrichment, the staff notes that KUCA normally operates on 93% enriched uranium fuel. Argonne National Laboratory in a February 1979 report, indicated that the Kyoto University Reactor Research Institute has been very :coperative in working with Argonne to achieve the goals of the U.S. Reduced Enrichment Program. The Executive Branch has expressed the view that it is in the interest of the U.S. government to expedite approval of the proposed export in support of the joint U.S.-Japan study aimed at developing a very high density lower enriched fuel for the KUHFR. The staff notes that the enrichment reduction of the KUHFR fuel to 45% is only an intermediate goal based on established fuel fabrication technology.
Research will continue with the aim of high uranium density fuel and less than 20% enrichment. Success in this program will play an important role in convincing other operators of high flux test reactors to cooperate with the U.S. in the development of test reactor fuels of lower enrichments.
Japan, as a party to the NPT, has accepted IAEA safeguards for all its nuclear installations. The staff has confirmed that a facility attachment for KUCA has been completed.
With respect to the CERCA facility, the staff notes that France, as a nuclear weapon state, is not subject to IAEA safeguards. Although Franch will voluntarily subnit some facilities to Agency safeguards, the staff is not aware that the CERCA facility is under a facility attachment.
EURATOM safeguards, nevertheless, will continue to apply to the CERCA facility.
The staff is of the opinion that EURATOM meets criteria (1), (2), and (3) of section 127 of the Atomic Energy Act of 1954, as amended by the NNPA, or their equivalent. Under section 126(a) (2), exports to EURATOM are exenpted from criteria 4 and 5 until March 10, 1980 since EURATOM has agreed to negotiations as called for in section 404(a) of the NNPA.
1767 284
, The taff believes that there are no material changed circumstances concerning exports to Japan which would affect the Comission's consideration of licensing criteria and which have occurred since issuance of export licenses (e.g., XSNM-1190) for high-enriched uranium to Japan after Comission review. Accordingly, the staff believes that this proposed export license may be issued.
This procedure is authorized by g110.44(a)(2) of Part 110 and is based on section 126(a)(2) of the AEA as amended by the Nuclear Nonproliferation Act of 1978.
The staff urges expeditious Comission consideration of this application in view of expressions of urgency by the Executive Branch, the Japanese, and the applicant. The staff notes that Japan is demonstrating its efforts at attempting to undertake test irradiation of prototype fuel of reduced U-235 enrichment. Delays in obtaining fuel may cause interruption of this important research experiment.
In addition, funds for procurement of the material cannot be obtained until an export license is issued.
The following documents are forwarded for Comission re-view of the subject application:
(1) application of December 19, 1978 and letter amendmen.t of April 30, 1979 (Appendix A); (2) Executive Branch views of April 30, 1979 and November 8, 1979 (Appendix B); and (3) copy of proposed license (Appendix C).
This action involves no new resource requirements.
NMSS Technical NMSS notes that both the Kyoto University Critical Review:
Assembly (KUCA) and CERCA are supporting ari working with 00E to achieve the goals of the U.S. keduced Enrichment Program. The proposed export would support the work at KUCA to develop reduced enrichment fuel for the Kyoto University High Flux Reactor (KUHFR).
The proposed export would be covered by IAEA safeguards while in Japan. The KUCA facility attachment became effective December 1, 1978. While the IAEA has indicated that verification problems have occurred at some critical assembly facilities under its control, because of access difficulties, NMSS cannot determine whether or n'.t KUCA is one of these.
The Executive Branch has indicated that the exported material would be covered by EURATOM safeguards while at CERCA in France. However, NMSS currently has very little 1767 285
- information on the application of safeguards at French facilities, and no information concerning the specific implementation requirements imposed at CERCA by EURATOM.
An NMSS study in August of 1978 concluded that the general requirements of EURATOM safeguards are analogous to IAEA safaguards specified in INFCIRC/153. A senior DOE analyst has pointed out that EURATOM has a resident inspector at CERCA.
NMSS has reviewed the physical security program in France and at the Kyoto University Reactor Research Institite in Japan, and found the programs to be adequate for the purpose of this export.
Recommendation:
That the Commissioners approve issuance of the proposed license to Nissho-Iwai American Corporation.
Coordination:
ELD has no legal objection.
NMSS comments are as stated above.
l n
Z.i e
/
f i ff~r Q ' ~~ f t~ James R. Sheak Director I CL - s * - 7 9 Office of International Programs
Enclosures:
As stated NOTE: Commissioner comments should be provided directly to the Office of the Secretary, by c.o.b.
Friday, December 21, 1979 Commission staff office comments, if any, should be submitted to the Commissioners NLT December 19, 1979
, with an information copy to the Office of the Secretary.
If the paper is of such a nature that it requires additional time for analytical review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.
DISTRIBUTION:
Commissioners Commission Staff Offices Exec. Director for Operations Secretariat 1767 286