ML19282D236
| ML19282D236 | |
| Person / Time | |
|---|---|
| Issue date: | 04/12/1979 |
| From: | James Shea NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP) |
| To: | |
| Shared Package | |
| ML19282D238 | List: |
| References | |
| SECY-79-255, NUDOCS 7905230822 | |
| Download: ML19282D236 (3) | |
Text
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p Aoril 12, 1979 SECY-79-255 COMMISSIONER ACTION For:
The Commissioners From:
James R. Shea, Director Office of International Programs Thru:
Executive Director for Operations s
Subject:
PROPOSED AMENDMENT TO IMPORT LICENSE ISNM78004 LEU FROM GERMANY
Purpose:
Commission review of proposed import license to Exxon Nuclear Ccmpany.
Review Dates:
60 day ceriod expired on February 2,1979 120 d'ay period expired April 3,1979
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Discussion:
Import license ISNM78004 for 43,340 kilograms of LEU was issued to Exxon Nuclear Company on August 25, 1978 following Commission review of the import request (SECY-78-437).
The material to be imported is that previously authorized for export under export license XSNM01112, (SECY-77-562).
The material, in the form of partially completed fuel assemblies from West Germany, vill be imported for final fabricaticn and subsequent reexport under a separate export license.
Exxcn Nuclear Company has requested that Import license ISNM78004 be amended to increase the quantity of material authorized for import from 43,340 kilograms to 86,480.1 kilograms at an enrichment of 3.2% U-235. This amendment is requested to permit the reimport of material also authorized for export to West Germany under export license XSNM0lll3 (SECY-77-416) issued August 23, 1977.
(XSNM0lll3 as amended on January 2, 1979 authorizes the export of 129,897 kilograms of LEU for use in the Biblis A reactor.)
The import of this material will also be for final fabrication in the US and subsequent reexport.
'ct:
cre, 492-7934 7905 23 0PC;2:2,
2 Discussion:
Exxon expects to ship material under XSNM0lll2 (continued) and XSNM0lll3 to its Lingen fabrication facility in West Germany.
The Lingen facility has experienced operational difficulties and the staff notes that the requested import authorization
's for contingency purposes only, to be used if Lingen continues to experience production problems.
The staff has reviewed Exxon's request for this license amendment and has determined that the comments and findings which apply to the original licensing action also are applicable to this action.
The following documents are forwarded for Commission review of this application:
(1) letter of appli-cation from Exxon, dated December 4,1978 ( Appendix A); (2) copy of related export license XSNM0lll3 (Appendix B); and (3) copy of proposed amended license (Appendix C).
NMSS Technical Review.
NMSS notes that the imported material will subse-quently be exported to Sweden and the Federal Republic of Germany (FRG) under export licenses XSNM0lll2 and XSNM0lll3, as amended.
NMSS has received no details concerning the state systems of accounting and control in the FRG and Sweden.
No information has been provided concerning IAEA implementation activities and problems in those countries other than from the source which was the basis for NMSS conclusions in Tables IV and XII of the November 29, 1978 memorandum to Commissioner Gilinsky.
Safeguards information covering Sweden and the FRG has been requested in the Commission's letter to Mr. PicKering dated February 28, 1979.
OIP COMMENTS With respect to the crocosed reexport of material involved here, IP notes that, if this occurs, it will be the subject of seoarate Executive Branch and NRC reviews of statutory requirements, including the safeguards aspects addressed above.
There is no request for a license to authorize the reexport in hand at this time; however, the applicant is aware that license authority for an import does not imply that a proposed subsequent export will be approved.
3 Recommendation:
That the proposed license amendment be issued to Exxon Nuclear Company.
Coordination:
0 ELD has no legal objection.
NMSS views on IAEA safeguards are as stated above.
T
, /(, v' It s.
James R. Shea, Director Office of International Programs Enclosu res :
As stated above DISTRIBUTION:
Commissioners Commission Staff Offices Exec. Director for Opers.
Secretariat NOTE:
Commissioner comments should be provided directly to the Office of the Secretary, by c.o.b.
Friday, April 20, 1979 Commission staff office comments, if any, should be submitted to the Commissioners NLT April 18,1979 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 Commissioner; and the Secretariat should be apprised of when comments may be expected.
FERON NUCLEAR COMPANY,Inc.
REsEARCH AND TECHNOLOGY CENTER 2955 George Wasnington Wav. RicMand. Watnington 99352 PHONE: (5C91943 71CO December 4, 1973 Mr. Gerald G. Oplinger, Assistant Director Export / Import and International Safeguards Office of International Programs U.S. ?luclear Regulatory Commission Washington, D. C. 20555
Dear Mr. Oplinger:
References:
1)
Letter, W. S, Nechodom to flichael Guhin, Regarding License No. XSNM-1112, June 20,1978 4)
Letter, W. S. Nechodem to Micha'el Guhin, Regarding License No. XSNM-1113, December 14, 1977 Exxon Nuclear Company, Inc. presently possesses export licenses XSNit-lll2 and XSNit-lll3. These licenses authorize the export of special nuclear material to consignees.in Sweden and West Germany respectively.
In both cases Exxon Nuclear GmbH in Lingen, West Germany, was designated as intermediate consignee.
Our plan was to ship the special Nuclear material, in the form of sintered uranium oxide fuel pellets, to the intermediate consignee, where they would be a~ssembled into finished fuel assemblies and then shipped to the ultimate consignees.
After issuance of the export licenses, the potential for delayed start of operation of the Exxon Nuclear GmbH facility in Lingen, West Germany became apparent.
We became concerned that, after exporting the fuel pellets to the intermediate consignee, the assembly into finished fuel assemblies could not be acccmplished there.
In that event, the pellets would have to be returned to our Richland Fuel Fabrication Facility in the US, fabricated into finished fuel assemblies, and then shipped directly to the ultimate consignees.
Should this occur, it would appear, in the limiting case as,if Exxon Nuclear Ccmpany, Inc. had exported up to twice the amount of special nuclear material shown on the licenses, whereas in fact only the same material would have been exported twice.
Therefore, to accommodate the potential for this occurrence our reference letters applied for licenses to import the special nuclear material into the US and re-export it in the form of finished fuel assemblies to the ultimate consignees.
Since the reference letters were written, delays in startup of the Lingen fac.iity have indeed occured.
Fortunately, none of the special nuclear material authorized for export under the referenced licenses had been n i (/(
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exported to that intermediate consignee.
Therefore, that portion of the special nuclear material which was required to be delivered to the ultimate consignees during 1978 was fabricated into finished fuel assemblies in our Richland Fuel Fabrication Facility in the US and exported to the ultimate consignees.
There remains to be considered the remainder of the special nuc! ear material to be exported in 1979 under XSNM-lil2 and XSNM-lll3.
The Lingen facility has not yet begun operation.
We have not yet exported fuel pellets to that intermediate consignee in anticipation of that s ta rtup.
Since the packaging and shipment of the pellets takes several weeks to accomplish, we will have to ship in advance of an accomplished startup date. Should we do so, and the Lingen startup either be further delayed, or fabrication difficulties occur, we would again be faced with a need to quickly re-import the special nuclear material to (the US, fabricate the finished fuel assemblies, and export the assemblies to the ultimate consignees. We are therefore applying for the following licensing actions:
Kilocrams U-235 Kilocrams Uranium XSNN-lll2 958.1 36,443.1 XSNM-lll3 1692.4 50,037 A.
To import from West Germany up to the amounts of U-235 and uranium shown in the above table; and B.
To export to the ultimate consignees shown on XSN?t-lll2 and XSNM-lll3 the araounts of U-235 and uranium shown en the above table.
The expiration dates for these licensing actions may be as shown on the original licenses, XSNM-lll2 on November 1, 1979 and XSN!1-ill3 on August 1, 1979.
Very truly yours, b
s W. S. Nechodom,!!anager Liceasing and Compliance
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