ML20006E431

Requests Commission Approval of Proposed Response to DOE Re Proposed Retransfer of Highly Enriched U from Japan to France for Cold Scrap Recovery

ML20006E431
Person / Time
Issue date:	01/03/1990
From:	James Shea NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA)
To:
References
TASK-PINV, TASK-SE SECY-90-002, SECY-90-2, NUDOCS 9002230129
Download: ML20006E431 (11)

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c January 3,-1990 POLICY ISSUE stev3-*2 l

(Notation Vote)

For:

The Commission l

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James.R. Shea, Director International Programs Office of Governmental and Public Affairs

Subject:

PROPOSED RETRANSFER OF HEU FROM JAPAN TO FRANCE FOR

~ COLD SCRAP RECOVERY

Purpose:

.To obtain the Commission's approval of a proposed 1

response to the Department of Energy (DOE).

Discussion:

On November 17, 1989, DOE forwarded to the NRC for review t

a subsequent arrangement request for a proposed transfer-of 22 kilograms of uranium, enriched to approximately)93 percent in the isotope uranium-235, from Japan (JAERI to France for cold scrap recovery at COGEMA (Enclosure 1).

This high-enriched uranium is the residue from conversion and fabrication operations involved in the production of fuel elements. The material has never been used in a reactor. After the material is recovered, it will be stored at COGEMA until Japan requests approval for retransfer, which will be the-subject of a separate

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subsequent arrangement.

Although DOE did not provide an analysis of the request, the U.S./ EURATOM Additional Agreement for Cooperation concerning Civil Uses of Atomic Energy, as amended, contains the necessary provisions to meet the export' licensing criteria of the Atomic Energy Act. Section 127(4) of the Act provides that the proposed retransfer may be approved only if the recipient agrees that the retransfer would be subject to the same criteria which govern direct exports from the U.S.

EURATOM has agreed that the proposed retransfer will become subject to the U.S./ EURATOM Additional Agreement for Cooperation.

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The Commission -

International France is a nuclear weapons state and therefore not L

. Safeguards and subject toffull-scope IAEA safeguards requirements.

Foreign Physical France has submitted certain facilities to IAEA.

Security Review:

Safeguards under its " Voluntary Offer" agreement;

.however, the COGEMA plant'is currently not subject e

7 to routine IAEA safeguards inspections.

Possible concern over timely warning is allayed because the a

material will be processed and stored.in a nuclear weapons state and will remain in the-custody of COGEMA until a new retransfer is requested by Japan.

.i The staff also has reviewed the physical-protection program within the jurisdiction of' France and has determined that it is consistent with.the recommendations of IAEA INFCIRC/225/Rev. 1.

This determination. is based on a physical protection evaluation performed during a visit.to France in February 1987 and subsequent information received to date, none of which indicates any degradation of physical protection in France.

With respect to physical protection arrangements, the proposed transfer will be handled in Category 11 quantities, i.e., individual shipments will not exceed 5 kilograms.

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Conclusion:==

It is the staff's conclusion that the terms of the proposed subsequent. arrangement satisfy the requirements set forth in Section 127.

Further the staff agrees with DOE that the proposed transfer will not be inimical to the common defense and security of. the U.S.

The Department of State has concurred in the proposed transfer and the other Executive Branch agencies have no objection to the subsequent arrangement.

Recommendation:

That the Commission approve the dispatch of the proposed response to 00E at Enclosure 2.

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/ James R. Shea, Director International Programs j

Office of Governmental and Public Affairs

Enclosures:

1.

Memo from DOE to NRC dated 11/17/89 2.

Proposed Letter to DOE

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Commissioners' comments or consent should be provided directly to the Office of the Secretary by COB Thursday, January ll, 1990.

Commission Staff Office comments, if any, should be submitted to the Commissioners NLT Monday, January 8, 1990, with an infor-mation copy to the Office of the Secretary.

If the paper is of such a nature that it requires additional time for analytical y

review.and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.

DISTRIBUTIOM:

Commissioners

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Department of Energy Washington, DC 20585 :

NOV 171989 e

MEMORANDUMl

TO: Mr, George Kuzmycz Office of-Export Administration Department of Commerce OTPA Room 4056 Washington,.D.C.

20230 Mr. Ge'rald Brubaker

,0SD/ISP/NP-NPP,'The Pentagon Room 2D453 Washington, D.C.'20301-2600 C

Mr..Carlton Thorne-OES/NEC Department of State Washington, D.C.

20520-Mr.- Michael D. Rosenthal US Arms Control & Disarmament Agency NWC/INA, Room 4678

-Washington, D.C. -20451 Mr..Marvin Peterson Office of International Programs Nuclear Regulatory Commission Washington, D.C.

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SUBJECT:

Request for Subsequent Arrangement Under the NNPA of 1978 Enclosed for your review is a draft Federal Register notice concerning a proposed subsequent arrangement, as well as a copy of the incoming request.

RTD/EU(JA)-ll2 DOE plans to approve this request without an analysis. We would appreciate your comments on an urgent basis, but no later than 2G days from receipt by your agency.

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Salvador 'N. Ceja y Acting Director Nuclear Nonproliferation Policy Office of International Affairs Enclosure l

EflCLOSUPE 1

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Assistant Secretary for International Affairs and Energy Emergencies M.

PROPOSED SUBSEQUENT ARRANGEMENT-Pursuant-to Section'131 of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2160), notice is hereby given of a proposed

" subsequent arrangement" under the Agreement for Cooperation between the.

Government of the United States of America and the Government of Japan concerning Peaceful Uses of Nuclear Energy, and-the Additional Agreement.

forCooperationbetweentheGovernmentoftheUn&dStatesofAmerica and the European Atomic Energy Community (EURATOM) concerning Peaceful Uses of Atomic Energy, as amended.

The subsequent arrangement to be carried out under the above-mentioned agreements involves approval of the following-retransfer:

RTD/EU(JA)-ll2, for the transfer from Japan to France of approximately 22 kilograms of uranium, enriched to approximately 93 percent in the isotope uranium-235, for cold screp recovery at C0GEMA. The material is

'to be shipped in Category 11 quantities as described in Annex 11 of the Convention on the Physical Protection of Nuclear Material.

In accordance with Section 131 of the Atomic Energy Act of 1954, as amended, it has been determined that this subsequent arrangement will not be inimical to the common defense und security.

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COMMISSION OF THE EUROPEAN COMMUNITIES TELECOPY No. {O%%

WASHINGTON DELEGATION Telecopiers (202) 429-1766 Phone

(202) 862-9573 Cover page plus page (s)

TO US DEPARTMENT OF ENERGY - Office of Nuclear Non-Proliferation Policy - Attn.: Mr Ted Hart i

FAX 586 2707 FROM t Christiane Flingou. EURATOM SUPPLY AGENCY DATE :

November 14, 1989 BUL7ECT: Retransfer of special nuclear material from Japan (JAERI) to COGEMA.

Please find attached, for your comments, a copy of:

- the note dated Nover.ber 14, 1989 sent to.us by the Japanese Embassy together with a copy of the MB-10 form duly signed by the Japanese Enbassy as the transferaz.

Please note that the Japanese ask for the transfer to take place in Decar.ber 1989.

p Please let us know ureantiv if the at'tached application complies with DOE's regulations.

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Regards,

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WASHINGTON 9.C. 2000s smassesne l

November 14, 1989 Ms. Christiane Flingou secretary (Nuclear Supply)

Delegation of the Commission of the European come. unities subject: Retransfer of special nuclear material from the Government of Japan for JAERI to EURATOM Supply Agency for COGEMA our reference: RTD/JA(EU)-0102 Dear Ms. Flingout Enclosed please find four MB410 forms covering the above retransfer of special nuclear material for your signature as transferee, and subsequent transmission to Mr. Theodore Hart, U.S. Department of Energy, for approval.

I would like to call your particular attention to the urgency of this issue, since the transfer is planned on or l

about December, 1989, h's would appreciate receiving a copy of your letter to the U.S. DOE for our files.

Thank you for your attention to this matter.

Sincerely yours

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ao Kuramochi First Secretary l

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%5910 Nunker K 79/fe (r A) IIL JAP 8**** b l**=RTD/JA(EU)-0102 3

APPROVAL FOR RETRANSTER OT $PECIAL NUCLEAR MATERIAL OF UNITED STATES Ok1CIN The approval of the United States Department of Energy is hereby requested to the transfer I

from the Covernment of Japan for JAERI (transferor) to EURATOM Supply Agency ior C00EMA (Transferee) of United States. supplied special nuclear material in the quantity and meeting the specifications described below (hereinaf ter called "specified material") which the transferor obtained pursuant to its Agreement for Cooperation for Civil Uses with the United States Government. Material was origi~n'a'lly obtained by transferor free. U.S. DOE, under various Contracts or export licenses.

SPECITIED MATERIAL (Pill in where applicable)

Identification i

i Total U U-235 U-233 Isotopic Percent Fual Type (InCrams}

or Pu (In Crams)

U-235, U 233, or U-Al Scraps approx. 22kg approx. 21kg 901, 93%

i The specified material, which is now located et NFI, MAPI and JAERI will upon approval bereby by the United States Department of Energy be transferred on or about July to Dec. 1989 f or use at COGEMA and will be accepted for the following specified purpose: recovery of scraps. For the international i

nuclear transport, total amount of the specified material will be divided into such an amount as to allov "Categery 11" ahipment described in Annex II, Convention on the Physical Protection of Nuclear Material.

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-.The transferor, with the coneuttence of the transferee, will notify within 30 days af ter the aforesaid date the United States Department of Energy j

of the actus1 date and quantity of material transferred. It is agreed by the transferot and transferee that as of that date the specified material vill sease to be subject to the A teenent for Cooperation and contract l

indicated above and will be subject to the transferee's Agreement for Coopera-tion for Civi) Use with the United States Covernment.

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November 14, 1989 dransferor)

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(Transferee)

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Embassy of Japan Takao Kuramochi First Secretary

'Above requested transfer under Article of transferee's Agreement for Cooperation for Civil Uses with the United States Covernment approved, provided physical transfsr is consuwtated by (for the United States Department of Energy) 8ese l

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Mr. Salvador N. Ceja Acting Director Nuclear Nonproliferation Policy Office of International Affairs U.S. Department of Energy Washington, D.C.

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Dear Mr. Ceja:

This is to advise you that the Nuclear Regulatory Commission has reviewed and does not object to the subsequent arrangement request to transfer 22.0 kilograms of uranium, enriched to 93.0 percent uraniun-235 r

from Japan to France for cold scrap recovery at COGEMA (RTD/EU(JA)-112).

It is understood that the material will be shipped as Category 11 material.

Sincerely, C. H. (Mike) Smith, Assistant Director for International Security, Exports and Materials Safety International Programs Office of Governmental and Public Affairs DRAFT ENCLOSURE 2 L

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