ML19312D365
| ML19312D365 | |
| Person / Time | |
|---|---|
| Site: | 07002805 |
| Issue date: | 02/29/1980 |
| From: | Nosenzo L STATE, DEPT. OF, BUREAU OF OCEANS & INTL. ENVIRONMENT |
| To: | James Shea NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP) |
| References | |
| NUDOCS 8003240272 | |
| Download: ML19312D365 (6) | |
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'f);h DEPARTMENT OF STATE SM XSNM01271 y;; y;.;
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BUREAU OF OCEANS AND INTERN ENVIRONMENTAL AND SCIENTIFI6, RS
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February 29, 1980 AND 1:ERiiM'L SFGRDS
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MEMORANDUM FCR JAMES R. SHEA I[.$ )
NUCLEAR REGULATORY COMMI$ ION
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1 Enclosed is an Executive Branch review of a license N
application for export of highly-enriched uranium to Japan,
- 1 via the Federal Republic of Germany for conversion.
In
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accordance with the Nuclear Non-Proliferation Act of 1978 9' !
(P.L.95-242), the Executive Branch considered how the re-e quirements of Section 126 a.(1) of the Atomic Energy Act, W-iiE as amended, are met, including the specific criteria of
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- : i Sections 127 and 128, as well as certain additional factors, envisaged by Section 126 a. (1).
@hi t.TW The Executive Branch, on the basis of its review of "T
the application, has concluded that the requirements of the
-l Atomic Energy Act, as amended by P.L.95-242, heave been met
- 1 and that the proposed export would not be inimical to the WH-common defense and security of the United States.
With re-ai, E.Q
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' gard to the physical security for international transit, the Executive Branch understands that the material proposed for export will be shipped to the FRG by the German Air Force; L3."
and that subsequent reshipment of the material from the FRG to Japan will be made in accordance with a physical security 4:aE plan which is acceptable to the concerned agencies.
Q A detailed analysis for Japan was submitted April 30, 1979 for NRC application No. XSNM01435.
In regard to the y"!
export to the FRG, a EURATOM member state, as intermediat.e consignee, a detailed analysis for the FRG and the European
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. Community was submitted November 27, 1979 for application F:22 No..XUO8427.
There has been no material change in circum-stances regarding Japan or EURATOM since those' submissions.
- e Moreover, Japan and EURATOM (for the FRG) have adhered to p-the provisions of their Agreements for Cooperation with the ina United States.
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UNME The President has approved the enclosed HEU request,
((55 5 the first for supply _of-a significant quantity of HEU for n9EEE5
- a. new f acility_ received since - the April 1977 adoption of
!Myj the present HEU policy..That policy, as amended December EHEMM.
5,-1978, provides that supply of significant quantities
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of HEU for projects or facilities to which the U.S. han
?(sg no existing commitment would be undertaken only if the
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project or facility were of exceptional merit and the use Mali) of lower enriched uranium clearly was not technically
@/fy, feasible.
EEEL i,,4,M*E, The' HEU proposed for export is intended for the
$f.F initial fueling of the Kyoto University High Flux Reactor (KUHFR).
Plans for the KUHFR were begun by Kyoto Univer-
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g sity_in the late 1960's, approved by the Japanese Prime jf(!sfi Minister in 1971 and funding authorized by the National
- Diet in 1975, well before the April 1977 adoption of our g;;j!!
present HEU policy.
The Executive Branch after review of
!.BWi the project concluded that it met the test of exceptional gili! <
l merit, but, also decided that discussions should be ini-in;n.
l tiated with the Japanese to obtain their cooperation in a
$g,E joint study of possible conversion of the KUHFR to use of L.fiihi lower enriched fuel.-
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J. m The joint study has determined that use of LEU in the M
KUHFR must await development and commercial availability ffEjj
'of more advanced higher density fuels, but that use of in-
"OF termediate enriched fuel of-45% enrichment is feasible.
E!E.i; Letters have been exchanged between the USG and the Govern-Mh5 ment of Japan providing that the Japanese Government will
?? 1 make every effort to expedite its regulatory review of use
,,3 1 of 45% fuel after the test irradiation and critical experi-
$$1 ments are completed, and both partics agreed that, as soon Q
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as all experiments, tests and reviews were complete 'and the 45% fuel is commercially available, conversion of the il$i KUHFR would commence.
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l On the basis of the above-described understandings the F
l Executive Branch has reconmended 'and the President has ap-y l
proved the supply of HEU for the KUHFR on an interim basis
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until conversion to use of 45% fuel is accomplished.
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. bh h Although the scheduled date for initiation of opera-
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tions for the KUHFR has been delayed until af ter mid-1983, MHn i $').((
the Kyoto _ University urgently needs action on this export
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licenne' request because it cannot spend the funds obli-5?.z##i?;
gated by the Japanese Government for the fuel unless the jplfhjj U.S. export license;is issued.
If the license is not 5:=?:T:?!
issued by March 31, 1990, the end of the Japanese fiscal
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. year, the University expects to encounter difficulty in yMM obtaining the-necessary authority to carry the funds over 12'.'.2" to the next fiscal year.
The Executive Branch has con-E959' cluded that-in view of the valuable cooperation received IS'52.i :
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lMS from the Japanese to date in working towards conversion of the KUHFR to use of lower enriched fuel, it would be counterproductive to withhold the export license approval i.EHF:s until the HEU is actually needed (circa mid-1981).
How-ever, the Executive Branch recommends that actual shipment gf'.Z.
of.the HEU af ter the license is issued be scheduled only-HMEsq
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on an as-needed basis.
Therefore, the Executive Branch-h"+is' recommends issuance of the requested export ' license prior to March 31,-1980.
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Deputy Assista t Secretary EEfifff.
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Enclosure:
As stated fm..
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. F" XSNMO1271 la?
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Japan Transaction:
The export of 39.186 kilograms of.
M.M.g.cg U-235 contained in 42 kilograms of EDD' uranium in the form of uranium _ hexa-Ece?le.
fluoride enriched to 93.3 percent'to EKi@i be converted to uranium metal by ffly;ij.l NUKEM, GmbH, Hanau, FRG and fabri-ii5Eiirit cated into fuel elements by Nuclear ffM6fni Fuel -Industries, Ltd., Japan, for issJss3 use in the Kyoto University High Flux
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Reactor.
Applicant:
Nissho-Iwai American Corporation
$hE Date of Application:
February 8, 1.978 RRMW-3+
Purpose of Export N.diW:
The HEU proposed for export is to be converted to uran-(qpp-HL;.;;,.
ium metal by NUKEM GmbH, Hanau, FRG, and-fabricated into fuel elements by Nuclear. Fuel Industries, Ltd. of Japan for
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the initial fueling of the Kyoto University High Flux Re-k#ig#
actor (KUHFR).
Building-construction for KUHFR is somewhat if;5fd.g.
behind schedule and may delay the planned reactor start-up lF.T
-date of mid-1983.
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The KUHFR is designed to be the premier research re-3Y
' actor in Japan for neutron beam experiments including mate-c'.c.w..
rials testing, reactor physics, biomedical experiments and prs 4i irradiation therapy.
Design power will be 30 Megawatts pie:.r..
thermal. ~ The 42 kilograms of HEU requested will be suffi-
$KG cient for approximately one-year's operation.
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i-DELEGATION OF THE COMMISSION OF THE EUROPEAN COMMUNITIES
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June 20, 1978 JM/aks Mr. Vance H. Hudgins Assistant Director-for Politico-Military security Affairs
-l Division.of International-Security Affairs Department of Energy it Washington, D. C. 20545
Subject:
License application XSNM-1271'(S934) - for the export.
of HEU to Japan, via Nukem GmbH, West Germany.-
Reference:
Application NIAC-78-001 of February 8, 1978..
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Dear Mr.-Hudgins:
We certify that'thd material mentioned in this application, namely 39.186 Kg of U-235, contained in 42 Kg of uranium, 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,
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as
-intermediate consignee,.is authorized by EURATOM to receive and possess this material pursuant to the aforementioned Agreement for. Cooperation.
The above material, after conversion by. Nukem, will be retransferred to Japan, subject to DOE's authorization.
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Sincerely yours,
. [ Jh c
. SPAAK Head of Delegation
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'.cc: 'Mr. R. Delabarre, State Department L
Ms. J. Dunn, Nuclear Regulatory Commission 2100 M Street NW Sulie NT Weehegton DC 20rtri / to6ephens:rA2)e72-4360 t telen.wns.wgan,i COMEtNt 24468
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February 23, 1979 aan su.nu.
Colonel Vance H. Hudgins
. Assistant Director for Politico-Military Security Affairs Division of International Security Affairs
. Department of Energy Washington, D.C.
20545
Dear Colonel Hudgins:
Concerning import of the special nuclear. material for the facAli.7 noted below Kyoto Univer,sitythis will confirm that the Government 'of Japan appointed as an authorized person under the terms and conditions pursuant to ArtIEle VI of the Agreement for Cooperation between the Government of the United States-of America and Government of Japan concerning -Civil Uses of Atomic Energy which entered into force on July 10, 1968, acended
- by the Protocol cn December 21, 1973.
Fuel for'the Kyoto University High Flux Reactor:
39.186 kgs of U-235 (93.30 7. maximum enrichment) contained in 42 kgs of uranium e
4 Further,it15confirmedthatthetransferofthespecialnuclear mate. rial identified above will take place under all the terms and conditions of the Agreement for Cooperation between our Governments, and that the appointee (s) named above have been authorized to receive 4
and possess the material by both Governments.
Also, the Government of Japan confirms that the-safeguards and guarantees
'of the Agreement for Cooperation will always apply to this special-nuclear material, except for that material subsequently retransferred
.'with the written approval of the Unitad States.
Sincerely yours, V
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Kaouo Suzuki First Secretary (Scientific)
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This-is in reference to the case nur.ber of XSE1-1271 s ated in your letter dated May 8, 1978.
The.. intermediate consignee, the Nuclear Fuel Industries, Ltd.
is also. authorized'to receive and' possess the material.
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