ML19352A777
| ML19352A777 | |
| Person / Time | |
|---|---|
| Issue date: | 05/20/1981 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| References | |
| TASK-PINV, TASK-SE SECY-81-322, NUDOCS 8106020059 | |
| Download: ML19352A777 (4) | |
Text
5 s.
p*Mo u r
2 May 20, 1981
'E SECY-81-322 s
POLICY ISSUE e
0r rr
~J'D3 (Notation Vote)
J g
JUN 01198%. :
i "EEW=
For:
The Commissioners From:
William J. Dircks
~
Executive Director for Operations
Subject:
APPROVAL OF PROPOSED LICENSE TO EXPORT HEU OR U-233 TO CANADA (LICENSE NO. XSNM01805, SECY-81-289)
Purpose:
Comission review of proposed issuance of subject license to the Department of Energy.
Review Dates:
60-day period expires on 'Jne 30, 1981.
120-day period expires on August 29, 1981.
Discussion:
On April 7, 1981, the Department of Energy submitted an appli-cation for a license to export high enriched uranium or U-233 to Canada. The material, totaling 4.25 kilograms of U-233 or U-235 contained in 4.4 kilograms of uranium in the form of uranium oxide fuel ro.ds enriched to a maximum of 97.6 percent, would be shipped over a five-year period at the rate of 880 grams of uranium per year.
Further, the material will be irradiated in the NRX Canadian test reactor and returned to the US for post-irradiation examination under a continuing US program for reactor development.
(While the application and Executive Branch views indicate the material will be irradiated in several reactors, DOE's Office of Naval Reactors has advised us that only the NRX reactor will be involved.)
i The NRX reactor is owred and operated by the Atomic Energy of Canada, Limited (AECL) at the Chalk River Nuclear Laboratories, Chalk River, Ontario.
It was originally operated on natural uranium, but was mudified for high enriched uranium in the early 1960's to allow for fuel element and materials testing in a high neutron flux.
CONTACT:
Wm. Upshaw, IP (49-28155) l 8106 n20059
e The Commission 2
Discussion:
In response to our request for views, the Executive Branch (Continued) has (1) concluded that the requirements of the Atomic Energy Act of 1954, as amended, have been met and 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 the US-Canada Agreement for Cooperation as most recently amended by the Protocol of July 9,1980; (3) noted that Canada has adhered to th.e provisions of its Agreement for Cooperation with the United States; and (4) advised that there were no materi.al changed circumstances since submission of its detailed analysis on January 14, 1981 for XSNM01355,which authorized exports to the NRX and NRU reactors and was approved by the Commission on March 9,1981 (SECY-81-125).
~
With regard to Section 128 of the AEA, Canada, as a party to the NPT, has accepted IAEA safeguards on all its nuclear activities.
International Canada as party to the Nonproliferation Treaty (NPT) has under-Safeguards taken obligations to accept IAEA safeguards on all source and special and Foreign nuclear material in its peaceful nuclear activities. The Physical exported special nuclear material will be subject to the Canada /
Protection IAEA NPT Safeguards Agreement that entered into force on Review:
February 21, 1972.
The NRX test reactor in Canada has a facility attachment in force under IAEA safeguards. Although little information is available on the effectiveness of IAEA safeguards implementation at this facility, the staff believes that accounting for and control of fuel elements at this reactor would be within the capability of the IAF.A and Canada.
Staff has review e the physical security program in Canada and found it adequate for the purposes of this export.
DOEhasadvisedusthattheNitXreactorisscheduledfora Urgency:
shutdown in August, during which DOE plans to insert new fuel j
rod test specimens.
In order not to delay ongoing 00E R&D work, the license is needed by about June 1,1981 so that orderly planning and shipping arrangements can be made.
==
Conclusion:==
The staff believes tnat there is no aaterial change in circumstances concerning exports to Canada which would i
affect the Commission's consideration of licensing criteria l
and which have occurred since issuance of export license XSNM01355 (SECY-81-125) for high enriched uranium to Canada l
s The Comissioners -
3 I
==
Conclusion:==
after Comission review. Accordingly, 'the staff believes (Continued) that this proposed license should be issued. This procedure is authorized by 5110.44(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.
i
.The following documents are forwarded for Comission review-
.of the subject application: (1) application of April 7,1981 (Appendix A);. ' nd (2) Executive Branch views of April 30, a
19.81 (Appendix B).
i Recomendation:
That the Comission authorize the issuance of the proposed '
license to the Department of Energy.
l e v WiTT'fam J. Dircks Executive Director for Operations Appendices:
As stated Commissioners' comments should be provided directly to the Office of the Secretary by c.o.b. Friday, May 29, 1981.
Commission Staff-Office comments, if kny, should be submitted to the Commissioners NLT.May 26, 1981,'with an information copy to the Office-of the Secretary.
If the paper ls 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 EDO f
l i
......,, ~...,,. _
,,.m
-,,,,,. ~,. _
p,,.
.t
..g;
-9 J
e S
1 APPENDIX A t
E h
t I
,. &b
(
Y
\\
e
._/c-
.n
.a..
J FORM NRC-T 7
u.S. NuctEAR RE:ULATO2Y COMMISSION APPROVE 3 SY
- tb tio APPYlCATION FOR LICENSE TO EXPORT NYCLEAR MATERIAL AND EQUIPMEN.T (SeeInstruerionFonneverse/
l l
- 1. APPuCANT 3 ho4 oP gi.gApoN o. AneuCANT s REsERENCE 2.NRC
- a. DOCMET NO.
e.UCEME NQ.
j.
uSE
- Ms t
8 81
~
uSE
- ))A A D 4UL
')CTAIAd/fi:fS
- a. APPuCANT 3 NAME AND ADORESS l Mis
- 4. SUPPUER'S Nhh0E AND ADDRESStcamitaeo
- ~ "
u n
1 l
l
_U.S.
Deoartment of Energy U.S. Department of Energy i
- t. STREET ADDRESS a.NAME I
1000 Independence Avenue, S.W.
Bettis Atanic Power Laboratory i
5
- e. CITY STATE z!P CODE
- b. STREET ADDRESS i
'l Washington D.C.
20585 P.O. Box 79
- e. TEtaPreoNE NuMSER (Arsa cea -mn.ioar-enerwano
- c. CiTv STATE zir coot q.. Hart 202-252-6183 West Mifflin Pa.
15122 I
S. FIRST SHIPMENT S. FINAL. SHIPMENT '7. APPLICANT *S CONTRACTUAL S. PROPOSED LICENSE S. UA.Os.PARTMENT OF ENERG1
]
SCNEDULdO SCNEcuLED DELIVERY DATE EXPtRATION DATE CONTRACT NO. (trKnousel 1
2 be i
ASAP determined 3/31/86 P.O. 73-360089 j
to. ULTIMATE CONS 4GNEE F ASb. '-- _2 30 11. Ut.TIMATE END USE j
,,usun sinchanewracarynarnel.
- A&ernir' Enermr of Carwim. Ltd.
For irradiation in Carwiian test J
- m. STREET AcoREss reactors and return to the U.S.
for post irraeliation examination as part j
CITY - STATE - Cou MTRy of continuing U.S. civilian reactor-j Chalk River, Canada ita. EST.DATE OF FIRsT uSE dewL wri.
}
- 12. INTERMEDtATE CONSIGNEE I R83 T%MMW '- C' 13. INTERMEDIATE END USE
~ 'r_^W 'f,i'-M s.NAME j
To be detenained For transport only
- m. STREET ADDRESS I
a
.h
- m. CITY - STATE - COUNTRY 13a. EST. DATE OF FIRST USE j
- 14. INTERMEOf ATE CONSIGNEE LR88 L'-*NP*M--'O
' 15. INTERMEDIATE END USE ILJEEr*$_4 M b l
]
a.NAME i
l S. STREET ADDRESS
?!
]
- e. CITY - STATE - COUNTRY
.g I
15e. EST. DATE OF FIRST USE
- 15.. l
- 17. DESCRIPTION
- 18. MAX. ELEMENT 19. MAX. 20. MAX 21.
'N
.ugg l
UNIT i
d Uranium oxide fuel rods containi79 a maxinum g,g Kgg g
total of less than 850 grams of uranium-235 j
or uranium-233 per year for the duration of g.M f j
the license. The quantity above represents
-.- =.ya - -
the total annual amount of special nuclear Q.23) 8 mr.terial that could be expw.i.=:d; actual'. ship-
...~-l
=. AECEIVEP q u;m an n y
~
ment will be made in several individual lots
.n.
WE3 # ' ;7.5 3*% m'ef, throughout each year.
s.
-:rg grygtI 1 2,y*#" *y :f*:.a =
q;
.,.3-.
cr j $, e,. k
.< cae..T. cit:a[Ws..#timp L7qM.% O drE
~
I SAFEGUARDS (/f/dsesef "'
00UNTRY OF ORietNe
- 23. OUNTRY OF ORIGINrSNM ICH ATTACH..
SOURCE MATERIAL"
- ,~
WHERE ENRICHED OR PROOCOED
?'
,~
r
_. _ _ II.S : ev ' m,
U.S.
.U.S.
+
^
- 5. ADOITIONALINFORMATION (uwmearser J
~. # WMj '.' "'S
.-;.,... s
^
D%0PMaEnit ACC U I*
it lHTERNM*L SFGRDS-
~
y T.rQmJ
~
~ ~s f
SS. TheePpliesnt eartifies that this appliestion le in - '
Tleis 10 Pesarel Rapiseteen, and thet all infernistion in tNo apPHessen le espose Ee des hasW W kor n,jfh, 6
,f gm Q
arga,T 3m, a m,,1,,
AUT,,OR,,E.0,
g,nymmu w,;
u o f,f.
j l,l, a
+
3.
$w 1
3-.
i.
5
?
e h-APPENDIX B s
a I
I s,
a
, +
RECEIVED DEPARTMENT OF STATE USHRC r
/
wunington, o.c. 20s2o
'81
$Y'I P1:15 BUREAU OF OCEANS AND INTERNATIONAL ENVIRONMENTAL AND SCIENTIFIC AFFAINFICE OF INTERNATIOWAL PROGRAMS APR 3 01981 Mr. James R. Shea Director of International Programs
/SN/UO/808 United States Nuclear Regulatory Commission gg g @k Bethesda, Maryland
Dear Mr. Shea:
'Ihis letter is in response to the letter from your office dated April 13,
'.981, requesting Executive Branch views as to whether issuance of an export license in accordance 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 the Atomic Energy Act of 1954, as amended by the Nuclear Non-Proliferation Act of 1978:
NRC No. XSNM01805 - Application by U.S. Department of Energy for authorization to export to Canada 4.25 kilograms of U-235 or U-233 contained in 4.4 kilograms of uranium in the form of Uranium oxide fuel rods enriched to a maximum of 97.6 percent.
880 grams of uranium will be shipped each year for five years for irradiation in Canadian test reactors and return to the ".S. for post-irradiation examination under a continuing U.S. program for reactor development.
The proposed export would take place pursuant to the Agreement for Cooperation Between the United States and Canada as confirmed in a letter from the Atomic Energy Control Board of Canada, a copy of which is enclosed.
Canada has adhered to the provisions of its Agreement for Cooperation with the United States.
I The Executive Branch has reviewed this application and concluded that the requirements of the Atomic Energy Act, as amended by the Nuclear Non-Proliferation Act of 1978, have been met and that the proposed export will not be inimical to the common defense and security of the United States.
A detailed analysis for Canada was submitted January 14, 1981 for NRC application No. XSNM01355.
There has been no material change in circumstances since that submission.
l
~
i On the basis of the foregoing, the Executive Branch recommends that the license be issued.
Sincerely, 0
I n s
h Louis V. N enzo l
Deputy Assistan Secre
Enclosure:
\\
Assurance letter k
~...
~
~
Commission de contr68e b g. Atoinic Energy. ' de r4nergie atomique Control Board i'
Directorate of Fuel Cycle and Materials Regulation ru a.
= =w,e, 23 April, 1981
.11-2-3 Mr.-John A. Griffin Director, Division of Politico-Military Security Affairs U.S. Department of Energy Washington, D.C.
20585 U.S.A.
Dear Mr. Griffin:
reg'rding export Further to ycur letter of April 14, 1981, a
licence XSNM-01805, I would like to confirm:
1 (a) that the transfer of the material, as identified on the licence amendment application will be subject to all of the terms and conditions of the Agreement for. Cooperation, which entered'into force on July 22, 1955, as amended, concerning the civil uses of~ atomic energy between the Government of the United States and the Government of, Canada; (b) that the ultimate consignee, as identified on the appli-cation, is authorized to receive and possess the mate-rial.
Sincerely yours,
/.3
/
%~ " l+
~
/
i W.u. Carrothers Safeguards and Security Division i
I WDC:gc
~
P.O. Box 1046 C.P.1046 Catawa. Canada Ottawa. Canada K)P SS9 K1P SS9
. - -. - -... - - -.. -