ML19276E246

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Executive Branch Position Re Westinghouse Application for Amend of License to Increase Authorized Matl by 888 Kg U-235 for Export to Switzerland.License Should Be Granted.Ltrs of Assurance Encl
ML19276E246
Person / Time
Site: 07002325
Issue date: 02/23/1979
From: Nosenzo L
STATE, DEPT. OF
To: James Shea
NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP)
References
NUDOCS 7903120178
Download: ML19276E246 (4)


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W DEPARTM ENT OF STATE Edstrs, m,

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w-m. o c. :cs:o v-BUREAU OF OCEANS AND INTERNATIONAL ENVIRONMENTAL AND SCIENTIFIC T F M R$3 J

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~.11$fl.SFGROS Mr. James R.

Shea Director of International Programs

)( S /Y /77 d O United States Nuclear Regulatory Commission 7

35 Room 6714 - MNBB Bethesda, Maryland

Dear Mr. Shea:

This letter is in response to your letter dated August 16, 1978, requesting Executive Branch views as to whether amendment of an ex-port license in accordance with the application hereinafter described would be inimical to the common defense and security of the United States and whether the proposed export meets the applicable criteria of the Atomic Energy Act of 1954, as amended, by the Nuclear Non-Proliferation Act of 1978 (P.L.95-242):

NRC No. XSNM00953 -- Application by the Westinghouse Electric Corporation for amendment of export license XSNM00953 to increase the amount of material authorized to export to Switzerland by 888 kilograms of U-235 con-tained in 23,347 kilograms of uranium enriched to a maximum of 3.55 percent. This low enriched uranium in the form of fuel rods and fuel assemblies will be ship-ped tb J. H. Bachman, FRG, and Franco Belge de Fabrica-tion de Combustibles, S.A.,

Dessel, Belgium, as inter-mediate consignees for transportation of the material and fabrication of some of the fuel rods into fuel as-semblies.

The finished fuel assemblies will be shipped to Switzerland for reloads of the Beznau I Nuclear Power Plant at Doettingen.

The proposed export would take place pursuant to the Agreement for Cooperation Between the United States and Switzerland as con-firmed in a letter from the Embassy of Switzerland dated September 18, 1978.

Switzerland has adhered to the provisions of its Agree-ment for Cooperation with the United States.

The export of this nuclear material to the intermediate con-signees in Belgium and the Federal Republic of Germany would take place pursuant to the Additional Agreement f or Cooperation Between the United States and the European Atomic Energy Community (EURATOM),

79033gg37g as amended, as confirmed in a letter from the Delegation of the Con-mission of the European Communities dated February 7, 1979.

EURATOM has adhered to the provisions of its Agreement for Cooperation with the United States.

The Executive Branch has reviewed this application and concluded that the requirements of the Atomic Energy Act and P.L.95-242 have been met and that the proposed export will not be inimical to the com-mon defense and security of the United States. A detailed analysis for Switzerland was submitted December 19, 1978 (NRC No. XSNM-1344) and for the Community, December 8,1978 (NRC Nos. XSNM-1241,1232, 1212 and 1238).

There has been no material change in circumstances since those submissions.

On the basis of the foregoing, the Executive Branch recommends that the license amendment be issued.

Sincerely,

u d L

J fr ~K I

ouis V.

.os engo/

Deputy Assist t Secretary l

Enclosures:

Assurances Letters G

I

DELEGATION OF THE COMMISSION OF THE EUROPEAN COMMUNITIES February 7, 1979 Mr. Vance H.

Hudgins Assistant Director for Politico-Military Security Affairs Division of International Security Affairs Department of Energy Washington, D.C.

20545

Dear Mr. Hudgins:

Subject:

Amendment no. 3 to export license XSNM-953 (0 3)

Reference:

Westinghouse Electric Corporation application MNC-NRC-30 of August 3, 1978 This is to amend our letter of September 15, 19 77 to the effect of increasing the quantity of enriched uranium covered by XSNM-953 (03).

An additional batch of low enriched uranium, namely up to 888 kilograms of U-235 contained in up to 23,347 kilograms of uranium will be shipped to NOK, Switzerland via West Germany.

We certify that the above material and its transfer will be subject to all terms and conditions of the Additional Agreement for Cooperation, dated July 25, 1960, as amended.

Further, we certify that J.H.

Bachmann, Bremen, West Germany.and Franco Belge de Fabrication de Combustibles,

S.A.,

Dessel, Belgium, as intermediate consignees, are authorized to receive and possess this material pursuant to the afore-mentioned Agreement for Cooperation.

After fuel fabrication, the material will be transferred to Switzerland, subject to U.S. authorization.

Sincerely, N

(F. Spaak Head of Delegation JM/ajs cc:# r. Robert DeLabarre, State Department M

Ms. Betty Wright, NRC Mr.

R.P.

Keenan, Westinghouse, Pa.

2t00 u Street NW L:e 'C7 wasngen CO 20C37 te e:no-e (2C2) 662 9500 :e ex 39-529 EJ:00V

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EMBASSY OF SWITZERLAND WASHINGTON D.C.20008, SCHWEIZERISCHE BOTSCHAFT m cunew A-e N.W.

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AMBASSADE DE SUISSE Ref_:

651.513 NOK - MR/or

'51.513 Kaiscraugst September 18, 1978 6

Colonel Vance H. Hudgins Director Division of Politico-Military Security Affairs Office of International Security Affairs U.S.

Department of Energy Jashington, D.C.

20545 Re:

Export License Applications XSNM-953,and XU-8427 N

J

Dear Colonel Hudgins:

Reference is nade tc your letter of Sep lericer 6,19 78.

This letter serves as official confirmation that a) the transfer of the material, as identified on the two license applications, will be subject to all of the, terms and conditions of the Agreement for Cooperation, which entered into force on August 8, 1966, as amended, concerning civil uses of atomic energy between the Government of the United States and the Government of Switzerland; b) the ultimate consignees, as identified on the applications, are authorized by my Government to receive and possess the material; c) physical security measures will be -maintained with respect to this material so as to provide, at a minimum, a level of protection comparable to that set forth in IAEC INFCIRC/225/ Revision 1.

Sincerely yours, R.E.

Mueller Energy Counselor