ML19297A374

Summarizes Status of Proposed License to Export Medium Enriched U to Federal Republic of Germany.Recommends License Be Issued

ML19297A374
Person / Time
Issue date:	10/09/1980
From:	James Shea NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP)
To:
References
TASK-CA, TASK-SE SECY-80-451A, NUDOCS 8010300493
Download: ML19297A374 (3)

Text

.,

October 9, 1980 SECY-8

51A COMMISSIONER ACTION Ear

The Cemnissioners From:

James R. Shea, Director Office of International Programs

[U

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Thru:

Executive Director for Operations i

Subject:

APPROVAL 0F A PROPOSED LICENSE TO EXPORT MEDIUM ENRICHED URANIUM TO THE FEDERAL REPUBLIC 0F GERMANY (LICENSE APPLICATION NO. XSNMi718, SECY-80-451 )

Purpose:

Conmission review of proposed issuance of subject license to Transnuclear, Incorporated.

Review natae 60-day period expires on November 17, 1980.

120-day period expires on January 16, 1981.

Discussion:

On August 12, 1980, Transnuclear filed an application for a license to export 6.5 kilograms of uranium enriched to 45.4% U-235 to the FRG.

The material, in the form of UF6, will be shipped to NUr.EM in the FRG for conversion and fabrication of 10 prototype fuel elements for test iriadiation in the FRG-1 and 2 rasearch reactors at Geesthacht, the FRG.

In response to our August 15, 1980 request for views, the Executive Branch has (1) concluded that issuance of the proposed license would not be inimical to the common defense and security of the United States; (2) confirmed that the material will be subject to all the terms and conditions of the U.S.-EURATOM Additional Agreement for Cooperation; '3) noted that EURATOM has adhered to the provisions of its Agreements for Cooper-ation with the United States; and (4) advised that there were no material changed circumstances since submission of its detailed analysis of December 8,1978 on a proposed export to EURATOM (see XSNM01241, SEC'l-78-645).

The Executive Branch also states that a technical and economic justification has not been prepared in this case as the material requested in this application is medium-enriched uranium intended for the U.S.-FRG cooperative program to reduce the enrichment level of research reactor fuels.

Contact:

Janice Dunn Lee, IP (49-279E1) 8010300 W3

4 The Ommnissioners 2

Discussion:

The staff notes that the President has issued Executive (Continued)

Order 12193, dated February 12, 1980, extending the exemption of EURATOM from certain requirements of Section 127 of the Atomic Energy Act,as amended, for a period of twelve months -- through March 10, 1981.

International Staff notes that the NUKEM facility, which will perform Safeguards the conversion and. fabrication work on the exported material, and Foreign is covered by IAEA safeguards pursuant to the EURATOM /IAEA Physical Agreement.

The NUKEM facility attachment has been in force Security since February 1,1979. A detailed analysis of IAEA Review:

Safeguards at NUKEM was transmitted to the Commission in SECY-80-207.

The reactors to receive the prototype fuel, FRG-1 and FRG-2 at Geesthacht, are covered by IAEA safeguards under fac'lity attachments.

Accounting for and control of the experimental fuel on an item basis should be within the capabilities of both the FRG and the IAEA.

Staff has reviewed the physical security program in the FRG and finds it in accordance with the requirements of 10 CFR 110.42 and 110.43.

==

Conclusion:==

The staff believes that there are no material changed circumstances concerning exports to EURATOM which would affect the Commission's consideration of licensing criteria and which have occurred since issuance of prior export licenses (e.g., XSNM01294, SECY-80-207, and XSNM01241, SECY-78-645A) for high enriched uranium to EURATOM after Commission review. Accordingly, the staff believes that this proposed license should be issued. This procedure is authorized by ll10.44(a)(2) of Part 110 and is based on section 126(a)(2) of the AEA, as amended by the Nuclear Non-Proliferation Act of 1978.

The following documents are forwarded for Commission review of the subject application:

(1) application of August 12, 1980 (Appendix A); (2) Executive Branch view of September 16, 1980 (Appendix B); and (3) copy of the proposed license (Appendix C).

The Comissioners 3

Recommendation:

That the Commission authorize the issuance of the proposed license to Transnuclear, Incorporated.

Coordination:

OELD has no legal objection.

fNSS views are presented in the context of the International Safeguards and Foreign Physical Security Review.

'M James R. Shea, Director DUT 6 iSc0 Office of International Programs Enclosures :

As stated Commissionars' comments should be provided directly to the Office of the Secretary by c.o.b. Tues' day, October 21, 1980.

Commission Staff Office ccmments, if any, should be submitted to the Commissioners NLT October 17, 1980, 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 Dir for Operations Secretariat

FORM NHC-7

- U.S. NUCLEAR REGULATORY COMMISSION APPROVED B f GAO

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s. iso 2mRo362:

l7-7 8)

APPLICATION FOR LICENSE TO EXPORT NUCLEAR io CPR iso MATERIAL AND EQUIPMEisT (SeeInstructionson Reverse)

ELACEMBE NO tL DOCKET NO.

1. APPLICANT,

a. DATE OF APPLICATION b. APPLICANT'S REFERENCE 2.NRC

XSNM d'/ 7/ 8 //dd e2 /((

uSE

- Aucust 12, 1980 (NUK-337) 80-168/01 uSE

3. APPLICANT'S NAME AND ADDRESS l RIS

4. SUPPLIER'S NAME AND ADDRESS RIS (Comotore J aochcant is not sucotier of material) 4 NAME Transr"M ear, Inc.

U.S.D.O.E.

o. STREET ADORESS a.NAME One Skyline Place, 5205 Leesbum Pika an wra =

• Atctnic com

c. CITY STATE ZIP CODE

b. STREET A ORESS Falls Church VA 22041 Route Cne

o. TELEPHON E NUMSE R (Area Coot - /Vumoer -istension)

c. CITY STATE ZIP CODE 703-820-2450 Piketon CH 45661

5. FIRST SH.PMENT

6. FINAL SHIPMENT 7. APPLICANT *S CONTRACTUAL S. PRCPOSED LICENSE

9. U.S. DEPARTMENT OF ENERGY SCHEDULED SCHEDULED DELIVERY DATE EXPlRATION DATE CONTR ACT NO. //f Known/

One year frcm m ba da*a'-nbM date of issuance To be assicned 1_0. ULTIMATE CONSIGNEE Rt3 - ^ ~

11. ULTIMAFE END USE unclude otanw faciuw nerne/

a.NAME GKSS - Forschungszentrum Geesthacht GTbH Nill be used for the FRG-1and FPC ? Reactors

b. ST R E E T AC O R ESS at Geesthacht, Federal Republic of Gerrary Postfach 1160, 2054 Geesthacht (See attached End Use Statement)

c. CITY - STATE - COUNTRY FMa*al Recublic of Gennany 11a. EST. DATE OF FIRST USE

12. INTERMEDI ATE CONSIGNEE RtB

13. INTERMEDIATE END USE a.NAME Nukem, GmbH Conversion and fabrication of 10 prototype

o. STnEET ADDRESS elements (see attached End Use Statamnt)

D-6450 Hanau

c. CITY - STATE - COUNTRY FMa*al Republic of Gemany 13a. eST. DATE OF FIRST USE

14. INTERMEDI ATE CONSIGNEE MIS

• 15. INTERMEDIATE END USE

a. NAME Transnukleau, GmbH IntamMiate for transport pur;cses only O. STREET ADORESS 645 Hanau, Postfach 110030, Wolfcanc-bei-Hanau Industriecelande

c. CITY - STATE - COUNTRY Hessen, West Ger 1arn 15a. EST. DATE OF FIRST USE 16.

17.' D ESCR IPTION

18. MAX. ELEMENT 19. M AX.

20. MAX 21.

NRC

(/ncluce chernical and ohysica/ form of nuclear material;give do//ar va/ue of WEIGHT WT.%

ISOTOPE WT.

UNIT USE nucieur ocuroment and comoceenes)

Uranium in the fom of uranium hexafluoride 6.5 Kg U 45.4 2.951 Kg U Kg e".riched to 45.4 percent U235

-WE0

22. COUNTRY OF ORIGIN.-

23. COUNTRY OF ORIGIN.-SNM

24. COUNTRIEShHICH ATTACH i

SOURCE MATERIAL WHERE ENRICHED OR PRODUCED SAFEGUARDS f// Known>

U.S.

EUPATCM

,d I

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A [J ' e l

25. ADDITION AL IN FORM ATION (Use sacarare sheet // necessary/

jg j".,3O

() U /,

""'I IdCpy t,Q M e.nd ACO ef y.

f

26. The applicant certifies that this application is prepared in conformity with Title 10, Code of Federal Regulations, and thatih information in th4 I

application is correct to the best of his/her knowledge. /

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s.

., *- n e

6 GKSS i

FORSCHUNGSZENTRUM GEESTHACHT GMBH GKSS. Postfach 1160, 2054 Geesthacht ReaktorstraSe 7-9. 2054 Geesthacht Telefon: 04152/121 Telex: 0218 712 okssg F m.a Telegramm:GKSS -Geet.acht NU'E.M GabE 6450 E a n a u Ihr Zeichen; thre Nachncht vom:

Unser Zeichen:

Bearbeiter:

Telefon-Ourchwahl:

Datum:

R-Dr.Kr/T Dr. Krull 04152/12 203 14.7.1980 End Use Statement The undersigner certifies that the following material, i.e.

~

6.500 kgs of uranium (45.4 7. U-235 enriched) in the form of UF and containing 2.953 kgs 6

of U-235 which will be furnished to us under a Short-Term Fixed-Co=mitment Contract with US-DOE will be used for the reactors FRG-1 and FRG-2 at Geesthacht, Federal Republic of Germany.

NUKEM GmbH, D 6450 Hanau, Federal Republic of Germany shall per-form conversion of the enriched UF an =anufacturing f 10 proto-6 type-fuel ele =ents.

We authorize Transnuclear Inc., Falls Church, Va., to apply for the US-export license.

/

GKSS-FORSCEUNGSZENTRUMGEESdHApH7GMBH

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AA/73/74 - e CFECKLIST FOR USE IN RE7IEW CF RIOUESTS FCR HIC;1T ENRICHED URANIUM TO DEI' ERMINE TECF_yICAL AND ECCNCMIC JUSTIFICATICN Date July 1, 1980

l. Name of Facility:

FRG-2

2. Quantity of Uranium Requested (Kgs):

6.5 *

3. Enrichment in the Isotope U-235 (%): 45.4

4. Sale or Toll Enriching:

own material

5. Current Core Loading (Kgs of U-235):

7.7 without burnuo

6. Current Power Level (MWth):

15 (21 in future) M7

7. Criticality and Full Operating Power Dates and Power Rating (if requeet involves new facility):

6. Name of Convertor and Fabricator of Fuel: NUKEM, Hanau 9 3reakdown of Fuel Inventory (Kgs of U-235):

a. A=ount of U-235 in Fabrication outside USA Including Scrap Allowances:

3.4

b. Amount of U-235 in Storage in Completed, Unirradiated Fuel Elements:

26.6 ke

c. Amount of U-235 in Cere:

7.7 vie nue s,,uu w

u

d. Amount of U-235 in Scent Fuel Storage within the Co=munity Includine Chemical Reorocessing D1 ants, and the Reprocessing Schedule for Such Material:

14.2 kz

e. Amount of U-235 Lost and/or Consumed During Operation of Above Facility:

burnup between 43 - 44 %

f. Amount of U-235 oer Fuel Element:

94, 180, 303 if 93 %:

280 e if 45 %

g. Average Core Life:

5 weeks fuel cycle

h. Average Lead Time for Conversion and Fuel Fabrication if Conversion and Fabri-cation is to be Done Abroad:

8 - 12 =onths

,* This quantity is needed for the tests of 10 prototyp.e fuel elecents for

AA/ 73/ 74 - e CHECKLIST FOR USE IN REVIIW OF REQUESTS FCR EIGHLT I'TRICEID URANIUM TO DETER'.IINE TECENICAL AND ICCNCMIC JUSTIFICATICN Date July 1, 80

1. Name of Facility:

FRG-1

2. Quantity of Uranium Requested (Kgs):

s. FRG-2

3. Enrich =ent in the Isotope U-235 (n):

4. Sale or Toll D:riching:

5. Current Core Leading (Kgs of U-235):

7.2 without burnuo

o. Current Power Level (MWth):

5W

7. Criticality and Full Operating Power Dates and Power Rating (if request involves new facility):

8. Name of Convertor and Fabricator of Fuel:

NUIG21 9 3reakdown of Fuel Inventory (Kgs of U-235):

a. Amount of U-235 in Fabrication outside USA Including Scrap Allowances:

s. FRG-2

b. Amount of U-235 in Storage in Completed, Unirradiated Fuel Elements:

s. FRG-2

c. Amount of U-235 in Core:

7.2 without burnup

d. Amount of U-235 in Scent Fuel Storage within the Co== unity Includine Chemical Reorocessing Plants, and the Reprocessing Schedule for Such Material:

s.

Pf:-2

e. A=ount of U-235 Lost and/or Consumed During Operation of Above Facility:

burnup between 43 " and 44 ".'

f. Amount of U-235 cer Fuel Element:

s. FRG-2

g. Average Core Life:

100 h - 110 h ner week

h. Average Lead Time for Conversien and Fuel Fabrication if Conversion and Fabri-cation is to be Done Abroad:

3 - 12 =onths

q l {,lN[.

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August 12, 1980 Mr. N. Moore Nuclear Pegulatory Cmmission Office of International P%as 7735 Old Georgetown Road Bethesda, Mal,f and 20014 l

Fe: Export License Application

'IN Paf: 80-168/01 (NUK-337)

Dear Mr. M mre:

Enclosed is an export licenseapplication for your handling on the followirg:

6.5 Kg U, containing 2.951 Kg U235, enriched to 45.4 percent U235

'Ihanking you in advance for your help and cooption.

Sincerely,

/lkk.. -

,s Vicki Matson Assistant.vanager Washington Options

Enclosure:

Original E.U.S.

Peactor Checklist W/ma

'ECEiVE0

. 5. ti'i2 n )-. $, ', ',.

7.'

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6.

CNE SKYLINE PLACE = 52C5 LEESSURG P!KE FALLS CHURCH. VIRGINIA;22041 TELEPHONE-7:3420-2450 CABLE: TRANSNUC FSCH TELEX: 89-9463

-W

.h DEPARTM ENT OF STATE

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BUREAU OF OCEANS AND INTERNATIONAL ENVIRONMENTAL AND SCIENT'.FIC AFFAIRS I

SEP 161980 x SNM 6 /7/ f Mr. James R.

Shea M6(1 (2/<

Director of International Programs United States Nuclear Regulatory Commission Room 6714 - MNBB Betnesda, Maryland

Dear Mr. Shea:

This letter is in response to the letter from your office dated August 15, 1980, requesting Executive Branch views as to whether issuance of an export license in ac-cordance 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 tne Atomic Energy Act of 1954, as amended by the Nuclear Non-Proliferation Act of 1978 (P.L.95-242):

NRC No. XSNM01718 -- Application by Transnuclear, Inc. for autnorization to export to the Federal Repuolic of Germany 2.951 kilograms of U-235 con-tained in 6.5 >ilograms of uranium enriched to a maximum of 43.1 percent.

This medium-enriched uranium in the form of uranium hexafluoride will oe shipped to MUKEM, FRG, for fabrication into 10 prototype fuel elements for test irradiation in the FRG-1 and -2 research reactors at Geesthacht.

The proposed export to the Federal Republic of Germany would take place pursuant to the Additional Agreement for Cooperation Between the United States and the European Atomic Energy Community (EURATOM) as confirmed in a letter f rom the Delegation of the Commission of the European Com-munities.

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

A technical and economic justification has;nou behh prepared in this case as the proposed export of mediumn, enri-hed uranium is pursuant to the US-FRG cooperative program to reduce the enrichment level of reseafch. re.7 actor fuels.

Hi?

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. Ercnch has reviewed this application The Exe: nive and concluded tnat the requirements of the Atomic Energy Act, as amended by P.L.95-242, have been met and that the proposed export will not be inimica'_ to the common defense and security of the United States.

A detailed analysis for the FRG was submitted December 8, 1978 (NRC No. XSNM01241).

In view of Executive Order 12193, ex-tending the duration of the period specified in the irst proviso to Section 126a(2) of the Atomic Energy Act of 1954, as amended, to March 10, 1981, that detailed analy-sis remains valid.

There has been no other material change in circumstances since that submission.

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

Sincerely, n

f k,'o u l s V.W lN senzo OY Deputy Assista t Secretary

Enclosure:

Assurance letter D""]D P

D'S'Y

• • 'u 6

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ia :

DELEGATION OF THE COMMISSION OF THE EUROPEAN COMMUNITIES EURATCM SUPPLY AGENCY August 26, 1980 Mr. Vance H.

Hudgins Director, Division of Politico-Military Security Affairs Office of International Security Affairs U.

S.

Department of Energy Washington, D.

C.

20585

Subject:

Transnuclear, Inc. applicat an (NUK-337)80-168/01 dated August 12, 1980, for GKSS Forschungszentrum, Geesthacht, West Germany - XSNM-1713

Dear Mr. Hudgins:

We certify that the material mentioned in this application, namely 6.5 kg of U, 45.4% enriched in U-235, and the transfer of this material will be subject to all terms and conditions of the Additional Agreement for Cooperation, dated July 25, 1960, as amended.

Further we certify that NUKEM GmbH, Hanau, West Germany, as intermediate consignee, and GKSS Forschungs-zentrum, Geesthacht, West Germany, as ultimate consignee, are authorized by EURATOM to receive and possess this material (as delineated by the above referenced application) pursuant to the aforementioned Agreement for Cooperation.

This material will be used for conversion and fabrication of high density fuel elements prototypes to be tested in the FRG-1 and FRG-2 reactors.

Sincerely,

/

('J.

QCh

(

Marchal s

L/

Secretary, Nuclear Supply cc:"Ir. Robin De LaBarre, State Department Ms. Behty Wrigh., Nuclear Regulatory Commission Mrs. Vicki Matson, Transnuclear, Inc.

2t00 Nt Street NW Sete 707 washrg'on DC 2CO371'e echor's (202) 862-9500 /te'em. Wasnington WU 69539 (EUPCONt WSH)