ML20012B963
| ML20012B963 | |
| Person / Time | |
|---|---|
| Issue date: | 03/08/1990 |
| From: | Peterson M NRC OFFICE OF GOVERNMENTAL & PUBLIC AFFAIRS (GPA) |
| To: | Hart T ENERGY, DEPT. OF |
| References | |
| NUDOCS 9003190225 | |
| Download: ML20012B963 (1) | |
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i NUCLEAR REGULATORY COMMISSION -
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l Mr. Ted HartT i'
U.S.' Department of Energy Office of International Affairs.
-Mail-Stop IE-13' Washington,-D.C. 20585
Dear Mr. Hart:
Attached for your: review is a copy of your export license application XSNM01749 for the export of fuel elements to Romania for use-in the TRIGA research reactor-located.in Pitesti,'Romania.
Further to our letter of-June 6.1989, we again request that you review the.
application and advise whether:or not DOE.is still actively pursuing the c
.Romania order and still needs the license, or whether the pending application can be withdrawn.
Your prompt attention-to this. request would-be greatly appreciated.
Sincerely, Marvin R. Fetdh ant Director for International Security, Exports-and Materials Safety.
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Office of Governmental and Public Affairs
Enclosure:
- ApplicationXSNM01749.(Romania) a nF" 9@0031g Q 900309 PDC M-1749
m FDT.M NRC4 8
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U.S. NUCLE AR AEGULATCOY CSMMi&S8 AppgoyE p ey 0 ioCrn iso APPLICATION FOR LICENSE TO EXPORT NUCLEAR sm22stac3s2 MATERIAL AND EQUIPMENT (see /nstructions on Aewesel
- 1. APPLICANT'S la. DATE os APPLsCATION D. APPLIC ANT *S REFERENCE 2.NRC a DOCKET NO.
D uCENSE NO, Sept. 26, 1980 T>0-90 uSE
- //oo) 31 S yfNao/ 7V6 uSE
- 3. APPLIC ANT *S N AME AND ADDRESS l Rt$
- 4. SUPPLIER'S N AME AND ADDRESS lRIS (Comporte it apptocent a not s.sppearr or nsetensts U.S. De m e t of Energy
U.S. Departrent of Energy
- c. CITY STATE 24P CODE
- 0. STREET ADDRESS Washington D.C.
20585 Goodyear Atcznic Corporation
- e. T E LEPMON E NUMSE R (Arse Cooe - hurneer -istensson/
- c. CITY STATE Zip CODE 202-252-6183 Piketon Ohio 45661
- 6. FIRST SHIPMENT
- 4. FINAL SHIPMENT 7. APPLICANT'$ CONTRACTUAL 8. PROPOSED LICENSE B. U.S. DEPARTMENT OF ENER; SCHE DULE D SCHEDULED DELIVERY DATE EXP1 RATION DATE CONTR ACT NO. Iff Known>
January 1, 1981 January 1, 1982 Not applicable January 1, 1982 QE-SC05-80LEUO508
- 10. ULTIMATE CONSIGNEE l RLS
- 11. ULTIMATE END USE l
,,ugug linelvan plant or facility nome)
State Ornittee for Nuclear Energy For use as fuel elements for TPlGA
- m. STREET ADDRESS research reactor, Pitesti, Pm ania
- c. CIT Y - ST AT E - COUNT R Y Pitesti, Formnia isa. EST. DATE Or a:RST uSE
- 12. INTERMEDI ATE CONSIGNEE l RtS
- 13. INTERMEDI ATE END USE l
Fabrication of TPlGA fuel ele".ent.s NAME General Ato:nic Ocrocration
- 5. STRE E T ADDR ESS p.O. Box 81608
- s. CITY - STATE - COUNTRY CM Di MO. NIif01nia 92138
- 13. EST. D ATE OF FIRST USE
- 14. INTERMEblATE CONSIGNEE l Rt3
- 15. INTERMEDIATE END USE j
a.NAME Ib be determined For transportation only ti. STREET ADDRESS
- s. CITY - ST ATE - COUNTRY 15a. EST. DATE OF FIRST USE 16.
- 17. DESCRIPTION
- 18. MAX. ELEMENT 19. MAX. 20. NAX 21.
USE nu so a t
-e ME t9t!.T__
WT. %
ISOTOPE WY.
UNt
- Fuel elements for TRIGA research reactor 37.2 kgs.
19.77 7.354 kgs Kgs
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- 22. COUNTRY OF ORtCIN.-
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- 23. COUNTRY OF ORIGINrSNM I
- 34. COUNTRIES WHIC.H ATTACH l
SOURCE MATERIAL WHERE ENRICHED OR PRODUCED SAFEGUARDS ///Known)
U'S.A U.S.A U.S.A
- 25. ADDITION A L IN FORM ATION (use seperere ceet //necessary/
See attached draft aantract for transfer of fuel element u: der IAEA auspices.
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- 26. The applicent eartifies that this appliestion is preeered in confoemity with Title 10. Code of Federet Resutetsons. end that eliiniormatson in this,
application le sortest to the best of his/her knowledge.
U' AUTHORIZED OPPICIAL 88 g
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- ..-. eq.. 7 CONTRACT TO LOAN WITHOUT CHARGE ENRICHED URANIUM BETWEEN
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THE DEPARTMENT OF ENERGY
'AND THE SOCIALIST REPUBLIC OF ROMANIA
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Contract No. DE-SC05-80 LEU 0508-THIS CONTRACT, entered into this day of 19_, by and between the UNITED STATES OF AMERICA (hereinafter referred to.as the
" Government"), acting through the SECRETARY OF ENERGY (hereinafter' referred to -as the " Secretary"), the statutory head of the DEPARTMENT OF ENERGY (hereinafter referred to as " DOE"), and THE SOCIALIST REPUBLIC OFJROMANIA (hereinafter referred to as " Contractor") pursuant to the Third Supply Agreement (hereinafter referred to as,the " Supply Agree-l
' ment").among the Government, the Contractor and the International Atomic
.p Energy Agency; p-WITNESSETH THAT:
-WHEREAS, the parties hereto desire to establish the terms and con-ditions applicable to the supply by DOE of certain enriched uranium requirements, which shall be used in support of the Government's Reduced Enrichment Research and Test Reactor program;
-WHEREAS, this Contract is entered into pursuant to the Supply Agree-ment and is authorized and executed on the part of DOE under the Atomic Energy Act of 1954, as amended, and other applicable law; NOW, THEREFORE.-the parties hereto do mutually agree as follows:
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. ARTICLE I - DEFINITIONS As used in this Contract:
1.
The term "Act" means the Atomic Energy Act of 195'4, as amended.
2.
The term " DOE facility" means a laboratory, plant, office, or
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.other establishment operated by or on behalf of 00E.
3.
The term " DOE's established specifications" means the specifica-tions for purity.and other physical or chemical properties of special nuclear material, as publishto in the United States Federal Register from time to time.
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- The term " persons acting-on behalf of 00E" includes employees
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and contractors of DOE, and employees of such contractors, who implement
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or particip&te in the implementation of this Contract pursuant to their employment or their contracts with DOE.
-S.
The term " established DOE pricino policy" means any-applicable price or charge in United States dollars,in effect at the time any par-ticular transaction under this Contract takes place (i) published by DOE-in the United States Federal Register or (ii) in the absence of such a published figure, determined in accordance with DOE's pricing policios in which event statement of such pricing policies will be furnished the Contractor. DOE's published prices and charges, as well as its pricing policies, may be amended from time to time.
6.
The term " standard form" means the chemical form of enriched urani-1 um as published by 00E in the United States Federal Register from time to time.
ARTICLE II - SCOPE i
1.
This Contract is subject to all of the terms, conditions, pro-visions, and guarantees contained in the Supply Agreement.
- 2. -
In furtherance of the Government's Reduced Enrichment Research and Test Reactor program, DOE will furnish the Contractor up to thirty-seven i
kilograms of uranium as metal enriched to 19.75 + 0.2 w/o U-235.
Such s
material will be fabricated into five Triga' fuel elements which will be P
- used-by the Contractor as fuel in a steady. state reactor-to perform reactor physics studies and fuel irradiation tests in accordance with the
" Agreement Between the Department of Energy of the United States of America and'the State Committee for Nuclear Energy of the Socialist-Republic of Romania on Cooperation in the Field of Research Reactor Fuel
? Perfo rmance. "
ARTICLE III - TERM OF CONTRACT, TERMINATION AND CANCELLATION 1.
Except as otherwise provided herein.the Contractor shall have
.the right to possess and use material covered by this Contract until November 1, 1984.
W 2.
_The expiration, suspension, or termination, in whole or in part, of the Supply Agreement shall automatically result in the expiration of-
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this Contract and any orders for material shall be of no further force or effect as to the-affected material.
3.
Either party may terminate this Contract at any time the other party fails or neglects to fulfill its obligations hereutider or under the Supply Agreement. -
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In the event that the Contractor for any reason is unable to use any material furnished hereunder for the purpose for which said material was
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furnished, the Contractor shall promptly notify DOE.
ARTICLE IV - DELIVERY 1.
DOE will make reasonable efforts to deliver material at the time or times stated in orders for material subject to this Contract, but neither.
DOE nor persons acting on behalf of DOE shall be liable for'any failure to do so.
2.
Upon execution of this contract, DOE ~shall notify the Contractor s
of the DOS facility at which delivery will be made.
DOE shall deliver materials to the Contractor or a commercial conveyance arranged and paid for by the Contractor at the subject DOE facility.
-3.
The Contractor will_ submit such transfer documents covering receipts and shipments, and reports of loss or consumption, and inventory, with_ respect to material subject to this Contract as DOE may prescribe, and shall maintain records and make the same available to DOE as else-where herein provided.
ARTICLE V - RESPONSIBILITY FOR MATERIAL i
1.
DOE shall be responsible for any loss, including consumption due to burn-up, of material subject to this Contract, unless such loss is-due to the fault or neglect of the Contractor, its employees, its i
contractors or agents, occurring from the delivery of such material to
. the Contractor and until'such material has-been returned to DOE as pro-vided herein or purchased by the Contractor. pursuant to Article VI.
2.
Except as otherwise agreed by the parties, in the event of loss
- of all or a portion of the material furnished hereunder,' DOE _ may in'its sole discretion determine'to supply additional material to the Contractor--
or to terminate this contract at no cost to the Government.
3.-
Any disagreement between DOE and the Contractor as to whether material has in fact been lost, or as to the time any such loss occurred, shall be deemed a question of fact within the meaning of that term as used in Article XVII, 4.
It is the intent of the parties that material subject to this contract will not be transferred outside Romania.
Should all or any portion lof such material be transferred to a third country, other than-the United States, outside Romania, the Contractor shall pay DOE there-for-in accordance with established DOE pricing policy in effect as of the date of transfer.
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' ARTICLE VI - RETURN OF MATERIAL TO DOE: PURCHASE OPTION 1.
Except as may be otherwise agreed to by the parties hereto..
the Contractor shall return the uranium on or.before the expiration date or upon termination of this Contract to DOE's facilities in-Oak Ridge, Tennessee.
2.
The Contractor may purchase all or any part of the special nuclear material subject to this Contract at any time up to and including
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its date of expiration.
If the Contractor desires to make any such pur-chase, the Contractor shall inform DOE in writing to this effect at least-thirty (30) days prior-to the desired date of said purchase.
The charge.
for such material purchased by the Contractor shall be in accordance with established DOE pricing policy in effect as of the effective date of said purchase.
ARTICLE VII - PERFORMANCE OF DOE OBLIGATION: BILLING
.1.
DOE may fulfill its obligations under the Contract through the operatorlof any its facilities.
2.
All amounts due DOE under this Contract shall be paid within.
thirty (30)- days after the date of invoice therefor in accordance with instructions furnished with such invoice.
Remittances snail be payable to the Department of Energy and, unless otherwise directed by DOE, shall be_sent to the Director, Finance Division, Department of Energy, P. O.
Box E, Oak Ridge, Tennessee 37830.
3.
The Contractor shall pay interest at the per annum rate (365-day.
fv basis) established from time to time by DOE-for general application to monies due DOE on all amounts not received by-00E on or before the due date; except that, whenever the due date for any payment under this article falls on a Saturday, a Sunday, or a legal holiday, interest shall commence on the day immediately following the next day which is not a Saturday, a s
Sunday, or a legal holiday.
ARTICLE VIII - INJURY OR DAMAGE
.Neither the: Government, DOE nor persons acting for or on behalf of DOE make.any warranty or other representation, express or implied, that material furnished under this Contract (a) will not result in injury or -
damage when used for the purpose for which furnished, (b) will accomp-lish the results for which it is furnished, or (c) is safe for any other use..
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ARTICLE IX - CONTAINERS AND EQUIPMENT 1.
Shipments of material subject to this Contract to the Contracter
.and the. return of such materials to DOE, shall be made only in containers
-and/or equipment furnished by DOE.
2.
Title to DOE-owned containers and equipment shall remain in the Government.
The Contractor will not be responsible for any loss of or damage to DOE owned containers or equipment except as may result from the fault or negligence of the Contractor, its employees its' contractors, or agents.
DOE-owned containers or equipment will be used only for shipment of miterial to and from DOE and for temporary storage of material shipped therein.
ARTICLE X - ASSIGNMENT The Contractor may not assign this Contract, or any order for material subject to this Contract, without the express written approval of 00E.
ARTICLE XI - DETERMINATION OF MATERIAL OUANTITIES AND PROPERTIES:
RESOLUTION OF MEASUREMENT DIFFERENCES:
l 1.
The following previsions-and procedures shall apply to the deter-mination of quantities and properties of material, and the resolution of measurement differences r.esulting from such determination with respect to.
-material subject to this Contract which is transferred directly from or to a-DOE facility. The term " transferred directly" means a transfer of material between the Contractor and DOE.
(For the purpose of this article, the. terms ~" supplier" and '" receiver", shall refer to DOE and the Contractor
~
as the case may be.) The supplier will promptly furnish the receiver a statement of the-quantities and properties of the material transferred including a statement of the gross weight of'the container plus material and the tare weight of such container.
The DOE samples obtained at a DOE facility using 00E's a.
procedures will be the official samples and shall be binding'upon DOE, the Contractor, and the umpire unless DOE and the, Contractor-agree upon the use of other samples, procedures or sampling locations.
b.
The following provisions and procedures apply to the determination of the net weight of material transferred as determined by the gross weight of the container plus material less the weight of such container. The net weight of material transferred shall be determined at a DOE facility using DOE's procedures and facilities unless DOE and the Contractor agree upon other procedures or faciitties.
The net weight of material 'ransferred shall be as determined by the results of such weighings and shall not be subject to the provisions of subsections c. and d. below..
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,y If the receiver does not accept the-supplier's statement c.
of.the other quantities and properties of the material transferred, the receiver shall within thrity (30) days after the receipt of the
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material or the supplier's statement of quantities and properties, whichever 1s later, submit a notice of disagreement in writing to the supplier.
The notice of disagreement shall include measurement and/or Analysi3 data supporting the disagreement.
If such notice of i
.N' disagreement is not submitted within such thirty (30) days, the e
supplier's measurements will be final and binding upon both parties.
If_the disagreement is with respect to specification limits,-the receiver may handle the material es necessary for storage or. protection against health and safety hazards but the receiver shall not otherwise use or dispose of the material in any manner until the difference is resolved unless such use or disposition is mutually agreed to by 00E and the Contractor.
d.
In the case of a disagreement concerning results obtained
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l from analysis of a sample which is not resolved by mutual agreement, an official sample shall be submitted to an umpire mutually agreed upon for analysis.
The umpire's results shall be conclusive on both parties if such results are within the range determined by the receiver't l'
and supplier's'results.
If the umpire's results are outside the range determined by the receiver's and supplier's results, the parties shall accept the party's nearer to the umpire's results.
(1) In the case of a disagreement with respect to whether or not the material is within specification limits, the receiver m
will pay the umpire cost if-the umpire's result is within speci-fication limits, and the supplier will pay the umpire cost if
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the~ umpire's result is not within specification limits.
h (2) In the case of a disagreement with respect to quanti-tative determinations within specification limits, the party whose result is furtherest from the umpire's result will pay the umpire cost; provided that in the event the umpire's
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result is equidistant between the supplier's and the receiver's l
results, the parties will each bear one-half of the umpire cost.
(3) As used in this subsection d., the phrase, " umpire cost" means the umpire's charges, plus the additional cost, if any, of the packaging, handling, and transporting of the offi-i cial sample to and from the umpire.
In the event that the-l-
f umpire is to employ an official sample for more than one deter-mination, the foregoing umpire costs shall-be allocated to such l
determination as mutually agreed by the parties prior to the furnishing of the sample to the umpire, or in the absence of such agreement, as determined by the umpire..
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2.
The determinations made pursuant to the foregoing subparagraphs of this Article XI shall be final and binding for purposes of this Agree-ment and shall not be subject to dispute under Article XVII hereof ~
- 3. -
If the material delivered hereunder does not conform to DOE's established specifications, the responsibility and liability of the Government, DOE, and persons, acting for and on behalf of DOE shall be limited solely to correcting such discrepancies by delivery of material.
which does conform to the appifcable specifications, in exchange for the-9 non conforming material.
ARTICLE XII - LAWS, REGULATIONS AND ORDINANCES Except as otherwise authorized by DOE, the Contractor shall abide by all E
applicable laws, regulations and ordinances of the United States or of any State,- territory, or political subdivision.
i.
,1 ARTICLE XIII - 0FFICIALS NOT TO BENEFIT-No member of Congress or' resident commissioner of the United States of America shall be admitted to any share or part of this Contract or to any-3 benefit that may arise therefrom.
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1 ARTICLE XIV - COVENANT AGAINST CONTINGENT FEES The Contractor warrants that no person or selling agency has been employed or-retained to solicit or secure this Contract upon an agreement or under-standing for a. commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide-established commercial or
.s selling agencies maintained by the Contractor for the' purpose of securing' h.
l-business.
For breach ~or violaton of this warranty the United States of O.
America shall have-the right to' annul this Contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of'such commission, percentage,
-brokerage, or contingent fee.
ARTICLE XV - APPLICABLE ' LAW l
1 This Contract shall be construed in accordance with the internal federal law applicable in the United States District Courts to contracts to which the Government of the United States of America is a party, including, but.
not limited to, the Nuclear Non-Proliferation Act of 1978.
ARTICLE XVI - NOTICES All notices and communications pursuant to this Contract from either party to the other (except notices published in the Federal Register) shall te in writing and shall be sent to the following addresses:.
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DOE Materials. Leasing Officer Enriching Operations Division q
Department of Energy Post' Office Box E j
Oak Ridge, Tennessee 37830 4
To Contractor:
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.ARTCLE XVII - ARBITRATION 1.
Except as' otherwise specifically provided in this contract, all disputes concerning questions of fact which may arise under this contract, and which are not disposed of by mutual agreement.shall be' referred to arbitration-by a board composed of three arbitrators.
One
~ of such arbitrators shall be_ appointed by DOE, one shall be appointed by:the' Contractor, and the third arbitrator shall.be selecteo by the
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first two.
In the event that the first two arbitrators so selected are
' unable to agree upon a third arbitrator, then each of the parties-shall designate another person to act as an 'aribitrator in lieu.of the person
'previously appointed by.such party, which two new arbitrators shall endeavor to agree upon the third arbitrator.
Such procedure shall be repeated until a' third. arbitrator shall have-been selected.
The arbitra-
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tion proceedings shall be in accordance with the rules-established.by i:
the American' Arbitration Association for Commercial Arbitration.
The
-I' decision:of a majority of the arbitrators on=the arbitration board 4:
shall1be: final and binding unless-determined by-a court of c'ompetent 7
- jurisdication.to
- have been fraudulent nor capricious, or arbitrary, or-so grossly erroneous as necessarily'to imply bad faith, or not supported by substantial evidence.
Allocation of the costs of-arbitration shall be'as-determined by the board of arbitrators; provided-however, that neither party shall be obliged'to pay-the costs of the other party?s arbitrator.
2.
This " Arbitration" article does not. preclude consideration'of law; F
questions in connection with decisions provided for in Paragraph 1.. above; provided, that nothing in this Contract shall be construed as making' final the decision of the arbitration board on a question of law.
ARTICLE XVIII - CONFLICTS
.In the. event of any conflict between this Contract and the Supply Agreement, the latter shall govern.,
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IN WITNESS WHEREOF, the parties have executed this Contract as of the day and ' year first above written. -
UNITED STATES OF AMERICA BY:
SECRETARY OF ENERGY BY:-
TITLE:
CONCURRED IN:
SOCIALIST REPUBLIC OF ROMANIA INTERNATIONAL ATOMIC' ENERGY AGENCY BY:
.l BY:
TITLE:
TITLE:
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