ML19309H059

Informs Commission of Application & Executive Branch Response Re License to Export 20,000 Metric Tons Depleted U to France.Requests Advice on Issues & Info Which Should Be Included in Analysis

ML19309H059
Person / Time
Issue date:	02/20/1980
From:	James Shea NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP)
To:
References
TASK-IR, TASK-SE SECY-80-103, NUDOCS 8005080281
Download: ML19309H059 (1)

Text

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5 0 8 o.z p f UNITED STATES NUCLEAR REGULATORY COMMISSION

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WASHINGTON, D. C. 20555 February 20, 1980

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For:

The Comissioners James R. Shea, Director From:_

Office of International Programs Thru:

Executive Director for Operations N

Subject:

APPLICATION AND EXECUTIVE BRANCH RESPONSE ON PENDING EXPORT LICENSE REQUEST XUO8473 DEPLETED URANIUM TO FRANCE i

Purpose:

To inform the Commission of the~above subject.

Discussion:

Enclosed for the~information of the Commission are copies of the appitcation and the Executive Branch 1

response on pending export license request XUO8473, Copies of the application and Executive Branch comments have been placed in the Public Document Room. The proposedexportisfor20,000metrictonsofU.5, origin depleted uranium to EURODIf in France for l

ear,1chment for eventual use as fuel for various reactors loca,ted in the European Comunity (see SECY 79-365).

A Comission action paper will be forwarded soon, Corm 11ssioners are requested to advise the staff of any particular issues or information which they can identify at this stage and which they wish included in the staff's

analysis, 4

FEB 151980 James R Shea, Director Offic f InternCional Programs Enclosures As Stated,

Contact:

' DISTRIBUTION:

J.R. Shea (492-7886)

Comissioners J,D. Lee (492-7984)

Comission Staff Offices Exec. Dir, for Operations Secretariat e

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'80 FEB 11 A7:25 BUREAU OF OCEANS AND INTERNATIONAL ENVIRONMENTAL AND SCIENTIFIC AILFAltBSF-M=

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INTERNATIONAL FEB 0 71980 5

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@g Mr. James R.

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Director of International Programs y

United States Nuclear Regulatory Commission y

Room 6714 - MNBB XI Bethesda, Maryland h

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Dear Mr. Shea:

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This letter is in response to Mr. Gossick's letter dated September 24, 1979, requesting Executive Branch h.k I

l views as to whether issuance of an export license in ac-cordance with the application hereinafter described would

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be inimical to the common defense and security of the

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amended by the Nuclear Non-Proliferation Act of 1978 gj (P.L.95-242):

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NRC No. XUO8473 -- Application by the U.S.

Representative Office of ENEL (EnteiNazionale Jf:p per l'Energia Elettrica) for authorization SE to export to France 20,000 metric tons of de-By pleted uranium in the form of uranium hexa-

[g fluoride to be used as feed material for en-bli richment at EURODIF.

The uranium at natural'

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level of enrichment produced from the export p;g will be used as feed material for subsequent g

enrichment to provide fuel for various re-3 actors in the European Community.

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The proposed export of depleted uranium hexafluoride s

would take place pursuant to the Additional Agreement for y

Cooperation Between the United States and the European

.w Atomic Energy Community (EURATOM) as confirmed in a letter n

from the' Delegation of the Commission of the European Com-munities, a copy of wnich is enclosed.

EURATOM has ad-iEf hered to the provisions of its Agreement for Cooperation is with the United States.

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• I Export of this depleted uranium for enrichment is i;s subject to Section 402(a) of the Nuclear Non-Prolifera-y[i tion Act.

Pending entry into force of a new U.S.-EURATOM

'e Agreement for Cooperation, export for enrichment in any

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of the member states of the European Community may take s.?

place pursuant to the presenn Agreement with the approval st l

of the United States.

The procedures for such approval are identical to those for subsequent arrangements as set k@

out in Part E of the Executive Branch Procedures published in the Federal Register on June 9, 1978.

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The Department of Energy as the lead agency for y

preparation of subsequent arrangements has completed the fj necessary actions for approval under.Section 402 (a).

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The Executive Branch has reviewed th'is application h

and concluded that the requirements of the Atomic Energy ly Act, as amended by P.L.95-242, have been met and that the f.

proposed export will not be inimical to the common defense gi:

and security of the United States.

A detailed analysis ff for EURATOM was submitted November 22, 1979 for NRC appli-cation XUO8427.

There has been no material change in cir-

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cumstances since that submission.

N,F in With respect to shipments which are scheduled under this license application after March 10, 1980, it is the view of the Executive Branch that license XUO8473 remain i

valid after March 10, 1980 provided that the Executivs

$h Branch notifies the NRC that either the President has E

made the necessary determination under Section 126a.(2) of the Atomic Energy Act extending the duration of the

$N first proviso of that Section for each 12 month period M

during the term of the license, or BURATOM meets the re-E#

quirements of Section 126 of the Act.

This proviso should is t

be made a condition of the license.

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

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.Ug Deputy Assista t Secretary 55.4 itR t= >

Enclosure:

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DELEGATION OF THE COMMISSION OF THE EUROPEAN COMMUNITIES EURATOM SUPPLY AGENCY November 20, 1979 l

l Mr. Vance H. Hudgins Director Division of Politico-Military Security Affairs Office of International Security Affairs Department of Energy f.

Washington, D.C.

20585

Subject:

ENEL application AGN/285 dated September 12, 1979 for France - XUo8473 We certify that the material mentioned in this application, namely 20,000 metric tons of depleted uranium (with average.3%

assay of U235 in the form of UF ), and the transfer of this 6

material will be subject to all terms and conditions of the

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Additional Agreement for Cooperation, dated July 25, 1960, as amended.

Further, we certify that Eurodif, Tricastin, Trance as ultimate consignee, is authorized by EURATOM to receive and possess this material pursuant to the aforementioned Agreement for' Cooperation.

The material will be used as feed for enrichment up to natural uranium assay which will subsequently be used as feed material for the fueling of reactors in - the European Communities.

N Sincerely,

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M. G o p'p e.l.

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l cc:kMr. Robin De LaBarre, State Department Mr.

R. Neal Moore, NRC Mr. Franco Remondino, ENEL, New York 6

FORM NIC 7 U

/CLEAO REIULATORY COMMISSION APPROVED BY GAS (7;7*)

s.1SB22s(Ro3s2) to CPR'1io APPLICATION FOR LICENSE TO EXPORT NUCLEAR MATERIAL AND EQUIPMENT (seeInstructionson Reverse #

1. APPLICANT'S

a. DATE OP APPLICATION b. APPLICANT'S REPERENCE 2.NRC 4-SACSIWE NO. e s -

(.ltkDOCKET IN..?

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ditd4*tS MSIM 000 Sept.12,' 1979 AGN/285 uSE uSE

3. APPLICANT'S NAME AND ADDRESS l Ris

4. SUPPLIER *S NAME AND ADDRESS lR85 /

&NAME ENEL D. STREET ADDRESS e.NAME 405 Lexington Avenue - Suite 5000 U.S. Department of Enercrv

c. CITY STATE ZIP CODE

b. STREET ADDRESS New York

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N.Y.

10017

c. TE LEP HON E NUM dE R (A,me Codr - hum 0er - Ortensson)

c. CITY STATE ZIP CODE (212) 682-8150 Oak Ridae TN 37830

5. FIRST SHIPMEN T

8. FINAL SHIPMENT '7. APPLICANT'S CONTRACTUAL 8. PROPOSED LICENSE

9. U.S. DEPARTMENT OF ENERGW SCHEDULED SCHEDULED-DELIVERY DATE EXPlRATION DATE CONTRACT NO. (If Known1 7destis(180 JniNissmute, 198 0 Dec. 31, 1983 Aug. 1, 1980 Dec. 31. 1985

10. ULTIMATE CONSIGNEE h W E ? W W % * /- C *1. ULTIMATE END USE l *

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a.NAME Eurodif Feed material for enrichment up to natural uranium assay

b. STREET ADDRESS (see #25)

c. CITY - STATE - COUNTRY

'(see attachment)

Tricastin, France 11a. EST.DATE OF FIRST USE April 1, 1981

12. INTERMEDIATE CONSIGNEE

- laSWV%".fmE*"4-# 13. INTERMEDIATE END USE l4.C WrM A N M em NAME

b. STREET ADDRESS

c. CITY - STATE - COUNTRY 13a. EST. DATE OF FIRST USE

14. INTERMEDI ATE CONSIGNEE l A8849%%Cf6* *. 15. INTERMEDIATE END USE I % M"H Nt -

e.NAME

b. STREET ADDRESS T

c. CITY - STATE - COUNTRY 15s. EST. DATE OF FIRST USE 18.

17. DESCRIPTION

' 18. MAX. ELEM ENT 13. MAX. He. MAX 21.

NRC finclude chemicaland physical 16nn ofnuclear motorist;give dotte value of USE nucioneeautomentandcc-...: uJ WEIGHT WT. %

ISOTOPE WT.

UNIT hi*c%

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Ffh 20,000 metric tons of depleted uranium gp with average.3% assay of U235 in the JA. D form of UF6 y p-Yf se

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22. COUN1 RY OF ORIGIN.-

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23. COUNTRY OF ORIGIN-SNM l 4 '*D 4 24. COUNTRIES WHICH ATTACH b'* t * ? '

SOURCE MATEpilAL WHERE ENRICHED OR PRODUCED SAFEGUARDS (If Knoenneb (1Q U.S.A.

U.S.A.

EUR&TDMUdAPNGeidtos

25. ADDITIONAL INFORMATION (Use asperse swel/nseammary)

'Ihe natural uraniun prn'd through the enrichent of this depleted uragtm.will be used as feed material for subsequent enrichtent for fueling reactors of the h;1 -,n 0:xmunity.

26. The applicent sortifies that this applicotton is prepared in conformity with Title 10. Coste of Federal Roguemaions. and tenst a# in8mmunistion in this applieoWon is correst to tM best of his/her linowledge.

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27. AUTHORIZED OFFICIAL

a. S TURE

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