ML19338E111

Forwards Executive Branch Response on Pending Transnuclear, Inc Application for License to Export Highly Enriched U to Japan

ML19338E111
Person / Time
Issue date:	08/22/1980
From:	James Shea NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP)
To:
References
TASK-IR, TASK-SE SECY-80-393, NUDOCS 8009240569
Download: ML19338E111 (1)

Text

s UNITED STATES NUCLEAR REGULATORY COMMISSION August 22, 1980 WASHINGTON, D. C. 2oS55 SECY-80-393 INFORMATION REPORT For:

The Commissioners From:

James R. Shea, Director Office of International Programs Acting Executive Director for Operations N (d. I. M Thru:

Subject:

EXECUTIVE BRANCH RESPONSE ON PENDING EXPORT APPLICATION XSNM01668, HEU FOR JAPAN Purcose:

To inform the Commission of the above subject.

Discussion:

Attached for the information of the Commission are copies of the Executive Branch response on a pending export license application. Also attached is a copy of the original application.

Copies of the Executive Branch comments have been placed in the Public Document Room. A Comission Action Paper will be forwarded soon.

Commissioners 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.

r#yUames R. Shea, Director AUG 21 le 0 c

Office of International Programs Attachments As Stated

Contact:

DISTRIBUTION:

B.L. Wright, IP (49-27984)

Commissioners R.N. Moore, IP (49-27984)

Commission Staff Offices Acting Exec. Dir. for Opers.

Secretariat W

,e Tod1)YO5V1 i

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k DEPARTMENT oF STATE ggpgg i

i w m.v.a.o.c. m2o XSNM01668

'80 WG BUREAU OF OCEANS AND INTERNATIONAL EINIRONMENTAL AND SCIENTIFIC AFFAIRS OF i g

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AUG 13 980 g,5/VNB /dd I 1

gg f/fli M [f/4 I MEMORANDUM FOR JAMES R.

SHEA NUCLEAR REGULATORY COMMISSION p

.ti Enclosed is an Executive Branch review of a license application for export of medium-enriched uranium to Japan, 4

via the Federal Republic of Germany for conversion and fab-rication.

In accordance witn the Nuclear Non-Proliferation i

Act of 1978 (P.L.95-242), the Executive Branch considered how the requirements of Section 126 a.(1) of the Atomic Energy Act, as amended, are met, including the specific criteria of Sections 127 and 128, as well as certain addi-tional factors, envisaged by Section 126 a.

(1).

The Executive Branch, on the basis of its review of the application, has concluded that the requirements of the

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Atomic Energy Act, as amended by P.L.95-242, have been met and that the proposed export would not be inimical to the common defense and security of the United States, provided a

that the transport of the material proposed for export shall, for the international portion of shipment, be in 4

accordance with a physical security plan which is accep-3 table to the concerned agencies.

.. 4_

~}j A detailed analysis for Japan was submitted April 30, N

1979 for NRC application No. XSNM01435.

In regard to the export to the FRG, a EURATOM member state, as intermediate

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consignee, a detailed analysis for the FRG and the European Community was submitted November 27, 1979 for the applica-

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tion No. XUO8427.

A detailed analysis regarding physical

..-i security arrangements in EURATOM was submitted December 8, l.;

1978 for application XSNM-1241.

There has been no material i

change in circumstances regarding Japan since those sub-

--i missions.

In view of Executive Order 12193, extending the duration of the period specified in the first proviso to Section 126a(2) of the Atomic Energy Act of 1954, as amended, to March 10, 1981, the detailed analyses for EURATOM remain valid.

There has been no other material change in circum-stances since that submission.

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l Moreover, Japan and EURATOM (for the FRG) have adhered to the provisions of their Agreements for Cooperation with the United States.

Therefore the Executive Branch recom-mends issuance of the requested export license.

f&n i

Louis V.

Nosenz Deputy Assistant Secretary l

Enclosures:

As stated l

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XSNM01668 Country:

Japan Transaction:

The export of 10.053 kilograms of U-23 5 contained in 2 2.14 2 kilograms of uranium in the form of uranium hexafluoride enriched to 4 5.4 per-cent to be converted to uranium metal by NUKEM, GmbH, Hanau, FRG and fabricated into fuel elements for criticality experiments in the Japan Materials Testing Reactor Critical Facility (JMTRC).

Applicant:

Transnuclear Incorporated

)

Date of Application:

March 25, 1980 Quantity of Unirradiated HEU (kgs of U-235) Excluding Current 1

Request JMTRC on hand at reactor sites 13.6 kgs. -- 34 elements 90-93%

In fuel fabrication process Totals 13.6 kgs.

Steps Taken to Determine the Possibility of Converting the Facility to Use of Fuel of Lower Enrichment This export of MEU fuel is pursuant to the DOE high-density, lower-enrichment research reactor fuel program.

The critical experiments in the JMTRC will provide impor-tant experimental data which can be applied to the con-version of the JMTR, JRR-2 and JRR-4 reactors to 45% en-richment fuel when this high density fuel is available.

Based on independent studies at ANL and Japan Atomic Energy Research Institute (JAERI), the owner / operator of these reactors, JAERI is planning a 5-year program with the objective of a full-core demonscration with 45% fuel in the JMTR, JRR-2 and JRR-4 reactors in mid-198 3.

The ANL and JAERI also are planning a joint program to study the feasibility of using less than 20% enriched fuel in the three reactors.

F.Ui3ASSY OF JAPAN 2520 f.MSSACHUSETTS AVEf4UE. fl.W.

wAsmncron. o.c. 2 coos July 8, 1980 (202) 234 22G6 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 facility noted below, this will confirm that the Government of Japan appointed Japan Atomic Energy Research Institute (JAERI) as an authorized person under the terms and conditions pursuant to Article VI of the Agreement for Cooperation between the Government of the United States of America and Government of Japan concerning Civii Uses of Atomic Energy which entered into force on July 10, 1968, amended by the Protocol on December 21, 1973.

Fuel for JMTRC of JAERI:

10.053 kgs of U-235 (45.40 7. maximum enrichment) contained in 22.142 kgs of uranium Further, it is confirmed that the transfer of the special nuclear 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 and possess the material by both Governments.

Also, the Govern =ent of Japan confirms that the safeguards and guaran-tees 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 United States.

Sincerely yours, t4 /"

Masayasu M oayI [

First Secretary (Sciencific)

'ef:

This is in reference to the case number of XSNM-1668 stated in your letter dated A7ril 15, 1980.

s DELEGATION OF THE COMMISSION OF THE EUROPEAN COMMUNITIES EUAATCM SUPPLY AGENCY May 16, 1980 J-Mr. Vance H. Hudgins Director, Division of Politico-Military Security Affairs 4

office of International Security Affairs U.S. Department of Energy Washington, D.C.

20585 i

Subject:

Transnuclear, Inc. application MISC 321 80-073/01 dated March 25, 1980 for Japan - XSNMol668 We certify that the material mentioned in this applica-tion, namely 10.053 kilograms of U235 contained in 22.142 i

1 kilograms of total 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.

l Further, we certify that Transnuklear, GmbH, Hanau, West Germany (for transport purposes only), and NUKEM, GmbH, Hanau, West Germany - (for conversion and f abrication only), as intermediate consignees, are authorized.by EURATOM to receive and possess this material pursuant to the aforementioned Agreement for Cooperation.

l The material (in the form of UF ) will be converted into 6

U metal and fabricated into fuel elements by NUKE'i for use in Japan.

Sincerely,

\\Y Y M. Goppel ajs cc: Mr. Robin De LaBarre, U.S. Department of State Ms. Betty Wright, U.S. Nuclear Regulatory Commission Ms. Vicki Matson, Transnuclear, Inc.

N.B.: Our reference AGF/02/NUKEM/2 l

2?00 M Street NW Suge 707 WasNnfon OC 20037 / teieonoco-12:2) 962 9500 i te<en: Wasn nr:9 Wu 99539 f EUAOCM vsSwt

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FOR N RC.7 U.S. NUCLEAR HE!ULATO.7Y COMMISSION APPTf,VED BY GAO 81802251R0362) 17 7e)

APPLICATION FOR LICENSE TO EXPORT NUCLEAR 10 cm 150 MATERlAL AND EQUIPMENT (seeInstructionson Reverse /

D DOCKET NO l s LICE 9eSE

= E h o S<6 O hoo24d. 2 D. APPLICANT'S REFERENCE 2.NRC

1. APPLICANT'S le. DATE OF APPt.lCATION 3/25/80 MISC 32180-073/01 uSE uSE

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3. APPLICANTS NAME AND ADORESS l RtS

4. SUPPLIER'S NAME AND ADDRESS lRIS (Compiere of applicantis not supplier of material) a.NAME Trsnsnuclear, Incorporated U.S.D.O.E.

D. STREET ADORESS a.NAME 5205 Ieesburg Pike, One Skyline Place c/o C M ear Atcmic Coro., Foute One

c. CITY STATE ZIP CODE

b. STREET ADDRESS Falls Church VA 22041 Piketon, Ohio or Union Carbide Corp.

STATE ZIP CODE

s. T ELEPMONE NUM BER IArea Coao - Numcer - Estenvon)

c. CITY 703-820-2450 Oak Ridce

'IN 37830

5. FIRST SHIPMENT

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

9. U.S. DEPARTMENT OF ENERGY SCHEDULED SCH EDULED DELIVERY DATE EXPIRATION DATE CONTR ACT NO. /// Known/

A.F.C. contract to be Septs &er 30, 1980

, August 31, 1982 determined

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same as Septm her, 1980 item 5

10. DLTIMATE CONSIGNE E b Ret -

a*

' 11. ULTIMATE END USE l

(Include plant or facility namel a,NAME Japan Atcmic Enercy Pesearch Institute Critical Experiments at Japan Materials Testing Peactor Critical Facility (MRC)

D. STREET ADDRESS 2-2, Uchisaiwai-cho 2-Chane, Olivoda in Japan Atcmic Energy Pesearch Institute

c. CITY - STATE - COUNTRY Oarai PesearchEstablishment Tokyo, Jacan 11a. EST.DATE OF FIRST USE Acril 1,1981

12. INTERMEDI ATE CONSIGNEE l RIS

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13. INTERMEDIATE END USE l-e.NAME NUKD1 GtH Conversion of enriched UF6 into uranium retal and fabrication of tiranium metal into I?. STREET ADDRESS D-6450 Hanau II fuel elements

c. CITY - STATE - COUNTRY 0:tober 1, 1980 Federal Papublic of Germarr/

13a. EST. DATE OF FIRST USE IS. INTERMEDIATE CONSIGNEE l RIS

• 15. INTERMEDIATE END USE I

a.NAME Transnuklear, GtH Intermediate Consignee

n. STREET AcoRESs 645 Hanau II, Postfach 110030 for transport purposes only Vblfcanc-bei-I'anau Industriecelande

c. CITY - STATE - COUNTRY Hessen, West Germany 1Sa. EST. DATE OF FIRST USE 16.

17. DESCRIPTION

18. MAX. ELEMENT 19. M AX. 20. MAX 21.

NRC (include chemical and phyocal form af nuclear material;give dollar value of WEIGHT WT.%

1SOTCPG WT.

UNIT USE nuclear ooviomer t and components)

Uranium in the fom of Uranium Hexafluoride 22.142 45.40 10.053 kg (UF6) enriched to a maximum of 45.40 percent U235 4

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'Ph ~ t e COUNTRIES WHICH ATTACH l

f WHERE ENRICHED dR'PRODb ED'g-SAFEGUARDS (t/ Known)

22. COUNTRY OF ORIGIN.-

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' 23. COUNTRY OF OqrC1N-6NM J

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SOURCE M ATERI AL U.S.A.

EUBA'IO4

3. ADDITION Al lN FORM ATION (Use saparate sheet i/ nyessaryl

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f ysyy 00 NU95 mEMNsrancs 9-

26. The a&olicent certifies that thes application is prepared in confo'rmity with Title 10. Code of Federal Regulations. and that ah 6nformation in this spelleet6en is correct to the best of his/her knowledge. /[.f f u j

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b. TITLE Assistant M3 nager

a. SIGNATURE

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27. AUTHORIZED OFFICIAL

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Washincton @sasetdsita

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man.::h 25,1980 Mr..N. Moore Nuclear Pegulatory Ctmnission Office of Internaticral Prograes 7735 Old Georgetchn Pcad ethesda, Maryland 20014 o

Fe: E: goc License Applications: 'IN Paf: 80-073/01 (MISC-321) 80-074/01 (MISC-322)

Dear Mr. bbare:

Enclosed are em (2) E:gort License Applications for ycur hand'ing en the folicwing:

)(8MIU

/f([

22.142 Kg U as UF6, containing 10.053 Kg U235 enriched to a maxim:n of 45.4 percent U235 40.480 Kg U as metal, centaining 37.768 Kg U235 enriched to a maximra of 93.3 )( S l\\/ lh 0 l g g percent U235

@.anking you in advance for your help and cccperatien.

Sincerely, s.h 7

!$d f

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Vicki Pacsen Assistant Manager Washington Coeration, H:V;IG

Enclosures:

Tm (2) Liccase Appliestions

d. ~C To (2) E.U.S.

Tm (2) Peaccor Checklists

?m (2) Test Peacter Dir31M 20 l'

Oi O,

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WE n-

~<*"1.b.Ef0S3$

k CNE SKYLINE PLACE. 5:05 LEES 8URG PIKE. F ALLS CHURCH, VIRGINIA 22041 TELEPHONE: 703420-2450. CA8LE: TRANSNUC FSCH. TELEX:894463

Japan Atomic Energy Research Institute

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3 2 2, Uchisciwai eno 2-chorne, Chiyoda. Tokyo 100 h<

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Te;ecnone C3 523-6111 Te e= $4596 Care-JM;l 92*CNTCOC Cur rei To whom it may concem.

END USE STATEMENT The undersigners certify that a quantity of 22.142 kgs of uranium (45.40 % U-235 enriched) in form of uranium hexafluoride (UF6) containing 10.053 kgs of U-235 which will.be furnished to us under the Adjustable Fixed-Commitment En richtent Contract with USDOE will be used by us for the critical experiments at Japan Materials Testing Reactor Critical Facility (JMTRC) in our Oarai Research Establishment, Oarai, Ibaragi, Japan.

The enriched UF6 shall be converted into uranium metal by NUKEM GmbH, D-6450 Hanau 11, Federal Repub.lic of Germany and fabricated into fuel elecents also by NUGM.

We authorize Nissho-Iwai American Corp.,1211 Avenue of the Americas,

New York, U.S. A. and/or Transnuclear, Inc., 5205 Leesburg Pike, Falls Church, Virginia, U.S. A. to apply f or tha 2xpo rt license.

JAPAN ATOMIC ENERGY RESEARCH INSTITUTE w('

0 Shouichi Takahashi Head, Division of Contracts DUPLICATE DOCUMENT Entire document previously entered into system under:

DD9G%QD16 ANO No. of pages:

sect:5 Estcb!ishrrent Caro, ?ese:rch E5'co isn em 3s m o..ea 270 12 C o ai.-a :.. = 2. uea HM3 273:4612II I@'f 0"Cf*t 'C D 73ElII I

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