ML20033A687
| ML20033A687 | |
| Person / Time | |
|---|---|
| Issue date: | 10/26/1981 |
| From: | Dircks W NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| References | |
| TASK-PINV, TASK-SE SECY-81-614, NUDOCS 8111270047 | |
| Download: ML20033A687 (6) | |
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SECY-81-614 POLICY ISSUE.
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The Commissioners I
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?d From William J. Dircks
\\ <4 Executive Director for Operations M
Subject:
PROPOSED EXPORT OF A RESEARCH REACTOR AND FUEL TO MOR0CC0 (LICENSE APPLICATIONS XR-132 AND XSNM01442)
Purpose:
Commission review of proposed issuance of subject export licensec.
Review Dates:
60-day period expires on November 10, 1981.
120-day period expires on January 9,1982.
Discussion:
In September,1978 General Atomic Company submitted an application (XR-132) for a license to export a research reactor to Morocco (application at Appendix A).
The reactor being exported is a TRIGA Mark I w.'th a nominal steady-state power of 100 kilowatts thermal.
The reactor is being purchased by the Ministry of Energy and Mines of the Government of Morocco, and will be located at the Mohammed V University, Rabat, Morocco.
The TRIGA Mark I is a below-ground, water-filled, pool-type reactor utilizing standard TRIGA fuel elements that are stainless-steel or Incoloy clad uranium-zirconium hydride.
It will be used for research and training in nuclear science and for isotope production.
The TRIGA Mark I uses low-enriched uranium fuel containing approximately 19.9 weight percent U-235.
In January,1979 General Atomic submitted an application (XSNM01442) for a license to export the initial reactor fuel loading of 12.9 kilograms of uranium in the form of 64 standard TRIGA fuel elements and 3 fuel follower control rods and four sealed neutron detectors containing 6 grams of uranium enriched to a maximum of 93.5 weight percent U-235.
(application at Appendix B).
Contact:
B.L. Wright, IP (492-7984) 0111270047 811026 PDR SEcy 81-614 PDR
The Commissioners.
2 Discussion:
Because of the immediate relationship between the applications (Continued) for licenses to export the reactor and the fuel for it, the two applications are combined for purpose of the following discussion.
Executive Branch Views The applications were forwarded to the Executive Branch on November 18, 1978 and February 5,1979, respectively. On September ll,1981,the Executive Branch forwarded to NRC a detailed analysis of how the proposed exports meet the criteria of the Atomic Energy Act, as amended, and recommended issuance of the licenses (Executive Branch views at Appendix C).
Applicable Agreement for Coooeration In a diplomatic note dated July 3,1981 to the U.S. Embassy, Rabat, Morocco,the Government of the Kingdom of Morocco gave its assurance that the proposed exports will be subject to all the terms and conditions of the Agreement for Cooperation for Peaceful Uses of Nuclear Energy between the United States and Morocco, which entered into force May 16, 1981.
Receipt of the note was confirmed by State cable dated September 4, 1981e a copy of which is included with the Executive Branch views.
The U.S.-Morocco Agreement is in accordance with the terms of the NNPA, as negotiated by both governments in 1979, and transmitted for NRC views and comments in October,1979.
Staff discussions and recommendations on the Agreement were provided to the Commission in November,1979(SECY 79-625).
Commission concurrence in the proposed Agreement and in the proposed " Agreed Minute" accompanying the Agreement, together with additional Commissioner comments, was forwarded to the l
President in January,1980.
The Agreement was aaned by the U.S. and Morocco on May 30, 1980 and, after ratification, entered into force on May 16, 1981.
This was the first Agreement for Cooperation to be negotiated following passage of the NNPA of 1978 with a nation with which the U.S. did not have a previous Agreement for Cooperation.
Tne Commissioners 3
4 4
Discussion:
Section 127 Analysis
_(continued)
Sa feguards.
The exports will be subject to IAEA safeguards.
Morocco is a party to the Treaty on the Non-Proliferation of Nuclear Weapons and deposited its instrument of ratification on November 27, 1970. The Moroccan Government has also signed a comprehensive safeguards agreement with the IAEA under Article III of the Treaty, which entered into force on February 18, 1975.
No Nuclear Explosive Use. As a non-nuclear weapon state party to the NPT, Morocco is precluded from acquiring, developing or manufacturing nuclear explosive devices for any purpose.
j Moreover, under Article 8 of the U.S.-Morocco Agreement, Morocco explicitly " guarantees that no material, equip-ment, or components transferred to and under its jurisdiction pursuant to this agreement and no material used in any equipment or components transferred to and under its jurisdiction purcuant to this agreement or produced through the use of any material, equipment, or components so transferred and under its jurisdiction shall be used for any nuclear explosive device, for research on or development of any nuclear explosive device, or for any military purpose".
Physical Security. The Executive Branch advises that it has assessed the physical security measures planned by l
the Kingdom of Morocco with respect to nuclear material 4
and facilities and determined that they will be adequate for the facility covered by theselicense applications.
i Article 7, paragraph 2 of the U.S.-Morocco Agreement specifies that:
"The parties agree to the levels for the application of physical security set forth in the Annex, which levels may be modified by mutual consent of the parties. The parties shall maintain adequate physical security measures in accordance with such levels.
i Such measures shall, as a minimum, provide protection comparable to that set forth in document INFCIRC/225/Rev.1 of the IAEA entitled 'The Physical Protection of Nuclear Material,' or in any revision of that document as may be agreed to by the parties."
Retransfer. Article 5, paragraph 2, of the U.S.-Morocco Agreement stipulates that:
" Material, equipment, or l
components transferred pursuant to this agreement and any special nuclear material produced through the use of any such material or equipment may be transferred by the recipient party, except that such party guarantees that no such material, equipment, components, or special
The Commissioners 4
Discussion nuclear material under its jurisdiction shall be jcontinued) transferred to unauthorized persons or, unless the parties agree, beyond its territorial jurisdiction."
This article clearly gives the U.S. the required approval right over the retransfer from Morocco of material, including special nuclear material, equipment or components supplied by the U.S. or produced through the use of such material or equipment and allows retransfers only if the parties agree.
Reprocessing. Article 6, paragraph 1, of the U.S.-Morocco Agreement provides that:
"Each party guarantees that material transferred to and under its jurisdiction pursuant to this agreement and material used in any equipment transferred to and under its jurisdiction pursuant to this agreement or produced through the use of any material or equipment so transferred and under its jurisdiction shall not be reprocessed unless the parties agree."
This Article clearly gives the U.S. the required approval right over reprocessing of any U.S. supplied material, ma%1 produced through the use of U.S. material c
. ment, or material used in U.S. equipment.
Sensitive Technology.
The proposed exports do not include sensitive technology.
International As a party to the NPT, Morocco has accepted IAEA safeouards TaTeguards on all source and special nuclear material under its juris-and Physical diction.
Its NPT safeguards agreement entered into force Security on February 18, 1975.
In addition, the US/ Morocco Review:
Agreement for Cooperation contains an independent commitment on the part of Morocco to maintain full-scope safeguards. The Agreement also permits the U.S. to obtain IAEA safeguards reports on the status of inventories of any material subject to the Agreement.
A Facility Attachment has not been developed for the reactor dovered by this export license application. The IAEA would not expect to receive design information until the reactor is in advanced stage of construction, at which time the appropriate Facility Attachment could be prepared.
i The Commissioners 5
i International Although no information is available to evaluate Safeguards the adequacy of safeguardt in Morocco the staff' and P5ysical believes that the control of and accounting for Security the reactor fuel assemblies, on an item hasis, will Review:
be within the capabilities of Morocco and the IAEA.
(continued)
However, under the Agreement for Cooperation, if either party becomes aware that the IAEA is not or will not be applying safeguards, the parties shall immediately enter into arrangements which conform with IAEA safeguards, principles and procedures to ensure effective continuity of safeguards.
The physical security provisions which are incorporated in the Annex to the US/ Morocco Agreement for Cooperation satisfy the requirements of 10 CFR 110.43. US. Physical Security Review teams have not visited Morocco.,How.ever, NRC regulations do not require country visits for exports of Category III material or reactors that use Category III materials.
Section 128 Criterion j
i As,oted above, Morocco as a party to the NPT, has accepted IAEA safeguards on all f ts peaceful nuclear activities.
Article 1, pi+agraph 3 of the U.S.-Morocco Agreement contains an independent commitment by Morocco to apply IAEA safe-guards to all its nuclear activities and to maintain full-i scope safeguards.
Inimicality Finding I
Based upon the terms and conditions of the Agreement for i
Cooperation between the U.S. ar.d Morocco', the assurances j
given by the Government of the Kingdom of Morocco, and other available information, the staff has concluded that the pro-posed exports meet all the criteria of the Atomic Energy Act, as amended, and would not be inimical to the common defense and security of the United States or constitute an unreasonable risk to the public health and safety.
i Urgency i
The license applicant has advised the staff that the reactor and related components have been ready for export since March 1981 and has requested expeditious consideration of the applications by NRC.
The Commissioners 6
Recommendation:
That the Commission authorize the staff to issue the proposed export licenses to General Atomi.c.
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/
William J. Dircks Executive Director for Operations
Enclosures:
Appendix A-License Appl. XR-132 Appendi x B-License Appl. XSNM01442 Appendix C-Executive Branch Views Commissioners' comments should be provided directly to the Office of the Secretary by c.o.b. Wednesday, November 4, 1981.
Comission Staff Office coments, if any, should be submitted to the Commissioners NLT November 2,1981, with an information copy to the Office of the Secretary.
If the paper is 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 Ccmission Staff Offices Exec Dir for Operations Exec Legal Director Secretariat
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APPENDIX A i
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GENERAL AToutC COMPANY ac. scx se sAs oisz. catsoANMi @*4 rn.eP17 Q.:
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IEL-.9 80 Septc=ber 20, 1975 XL /14 Mr. Gerald G. Oplinger Assistan: Director for Expor /I:por:
OdO and Unencu:bered Safeguards
..S. Nuclear Regulatory Co-dssion U.
aasning:en, D. C.
3.003o
Subject:
Application for Utili:atica Facility Expor: License
Dear Mr. Oplinger:
_h This applica:icn is =ade pursuant to 10CFRL10 for a license to expor: a TRIGA Mark I re earch reactor to Morocco.
The export of :ha rea or fuels, i.e. an expected 67 elemen:s containing epproxima:ely 13 Kg uraniu: enriched less :han 20% in U-235, will be the subj ee: of a separate application in the t-near fu:ure.
The A=3e star:-up, c her radioactive sources and fission g
chambers for :he reac:or's instru entation syste: will be expor:ed pursuan:
g to :he general license provisions of 10CFR110.
The applicant is General A:::ic Co:pany, a California partnership, whose address is show: above.
The applican: is engaged in the developmen:, canu-
- ac:ure and marketing of reactors, nuclear fuels and sys: ens.
une applicant's partners are Gulf 011 Corporation and Scallop Nuclear, Inc.,
w-Pennsylvania and Delaware Corporations, respectively, whose addresses are:
Gulf 011 Corporation Scallop Nuclear, Inc.
$g Gulf Suilding and One Rockef eller Pla::a
?ittsburgh, PA 15230 New York, New York 10020 The par:nership conducts its business principally at San Die 3o, California.
I: is cc: owned, controlled or do inated by an alien, a foreign corporation, l
or f oreign geva--= - within the ceaning cf :he A:ocic Energy Act of 1954, as acended, and of NRC's regula: ions.
In taking this application,- General At::ic is no: a: ing as an agent or represen:ative of any c:her person.
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The purchaser of the reactor is the Ministp of Energy and MIE33 fp :he Gov =---=- of Morocco.
The reactor will be located a
- he Mdl g"dd V University, Facul:y of Science, Avenue Moulay Cherif, Rabat, Morocco in :he g-buildin'g of the Centre d' Etudes Nucleaire=.
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Mr. Gerald G. Oplinger Septe:ber 20, 1978 U. S. Nuclear Regula:ory Co :ission Page Ivo m
The reac:or will be used for research and : raining in nuclear science and for isotape production.
It i; sur understanding such activities will be acco:-
pliched pursuant to LARA agree en:s.
We also understand that Morocco has r
' signed and ra:ified the Nuclear Neaproliferatice Treaty (N?T).
We expect to be ready to =ake the first in the series of reactor tank and co pc nen ship =en:s abou: March 1979 under the requested license.
The fina.1 compone shipmen: is scheduled for the third quarter of 1979.
Fuel shipnent is schedule for early Spring 1950 and reac:or startup is scheduled for early :o mid-1930.
Ceneral Ato:ic is sebj ect to a schedule penalty of $100 per day for every day af ter July 31, 1980 tha: the reactor is not operational.
+
The reac:or being expor:ed is a TRIGA Mark I with 2 actinal steady-s: ate power of 100 KW thernal.
The TRIGA Mark I is a below-ground, wa:ar-filled, pool-type reac:cr.
The reac:c core will consist of standard TRIGA fuel ele =en:s
- hat are stainless-steel or In:olo.v clad and u:111:cs an allo > of Uranium-Zirconiu= 'dydride for the fuel =aterial.
The ura 4"-
's enriches in U-235 co s
less than 20" (no:inal enrichten: 19.9*).
The reactor core is surrounded by a graphite reflector containing a " lacy Susan" sa:ple irradia:cr.
.ne to:al valve of all reactor facility ite=s to be exported under :he requeste
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license vill be approxi=ately $1,200,000.
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The cc odities expor:ed under the requested licanse Ocasis:s of 10CFF.110, Appendix A, equipment and ca:erials listed by category in :he at:achment.
E Certain other i:e s for : 2_porary use in the reac:or asse bly, checkou; and
"#9 s: arc-up will require expor under this license and will be reinpor:ed under I
che general ~.icense of 10",FR110.11.
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We reques: the :icely isssance of a U ili:atica Facili:y Ixpor: License autho-k$
ri:ing the export of a TRIGA Mark I Research Reac:or 50 Morocco.
We reques:
bF the license have a validity period through May '.931 to acco==oda:e possible schedu e slippage during the cons: rue:1on and start-up of the reae.:or.
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Very truly yours,
GRNU.AI. ATCMIC CCMPANY f
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Typical Major Co=ponen: &
Ecuicten: List for TRIGA Mark I Appendix A Ca: ego ry Descrip:1)n Quanti:y (a) (1)
Reactor Tank i ea.
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Fuel Handling Tool l ea.
(a) (3)
Fueled Follower Control Rods 3 ea.
to be expor:ed as fuel elements (a) (4)
Not applicable c
(a) (3)
Not applicable (a) (6)
No: applicable E
(a) (7)
Graphi:e Reflector Assembly &
Core Suppor: Structure 1 aa.
Core Grid Plates 1 se Control Rod Guide Tubes j i 2h (a) (3)
Control Rod Drive Asse blies 4 ea.
ggg Instrt=cntation Sy.ste=
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EJ-including Linear, log, period, f
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raactivi:y co puter, gq Logic & in:erlock channels, etc.
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Tank Top Cover & 3 ridge Asse=bly 1 ea.
La:y Susan 1 ea.
1 Area Radiation Moni:oring Systes
?'neu=atic Sa:ple Transfer Sys:e: &
Central Thimble 1 ea.
RECEjyEg Du==y Graphite Ele:ents 36 ea.
U.S.HRC Reactor pool water purifica: ion syste=
1 ea.
- ggg, Reactor pool water coeling sys:e=
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,- a :,:.-( x X: ( U l) il 3 3 Miscellaneous sub par:s and spares for he acove ofw 2
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CORM N 4C-7 U.S. NUCLEAR AEGUt.ATORY COMMISSION APPROVED BY CAO U*783 C.18C223(RC362) tw era 11o APPLICATION FOR LICENSE TO EXPORT NUCLEAR MATERIAL AND EQUIPMENT /seeins:rvembnson Reverse)
- 1. APPLICANT'S ga. D ATE oP AP*t.lCATION e. APPt.4C ANT *S PEFERENCE 2.NRC
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- 3. APPLICANTS N AME AND ADORESS l RIS NO
- 4. SUPPLIER'S N AME AND ACORESS lRIS (Comp.ete of scodicant as not u.coher of morenal)
GOTERAI, ATOMIC CCMPA'i!
D. STREET AOORESS a.NAME
- J _ O _ hv Q1409
- c. CITY STATE ZIP CCDE
- e. STREET ACORESS San Diego CA 92138
- o. T E LE P M C N E N U M S E R iArne Coor - humoer - c arensIAJ
- c. CITY STATE ZIP CoCE 714-455-2823
- 5. FIRST SHIPMENT
- 6. FINAL SHIPMENT '7. APet.! CANT *S CONTR ACTU AL 8. PROPOSEO LICENSE
- 9. U.S. DEPARTMENT OF ENERGY SCH EDULED SCH EDULED DELIVERY DATE EXPIR ATION DATE CONTR ACT NO. fit Gown /
April 1960 J ce 1980 Aug. 30, 1981 to. ULTIMATE CONSicNEE l R15 #:'*-n.4'?. * *J. l 11. ULTIMATE ENO LSE I
itncluee rlant or.'acitiry namel s usugPro:. M. 3errada o be used in TRIGA I research reaC:Or at n -, a..,.,, m, g.,.
- b. STREET ICOP ES3 Universi:S MOh"~ed 7, Rabat, MOROCCO, for FaCulte des SClences researCh and. training in nuclear scie:Ce and engineering for isotope produC:icn.
- c. CITY - STATE - kcuNra yUnivers te Mohn - >d V Rabat. Morocco lia. EST. DATE OF FIRST USE Julv 1980
- 12. INTERMEDI ATE CONSIGNEE
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A NAME
- 3. STM&T ACO A gSS
- c. CITY - STATE - COUNTRY 13a EST. D ATE OF SIRST USE
- 14. INTERMEDI ATE CCNSIGNEE l R 8S ' '. S.C
- 15. INTERMEDI ATE END USE l-A s-+.
a.NAME
- t. ST AIET A00 A ESS
- c. CITY - STATE - COUNTRY '
15a. EST. DATE OF FIRST USE 16.
- 17. CESCRIPTICN
- 18. MAX. ELEMENT 19. M AX, 20. MAX 21.
NRC fincluce cnemical md phys.caf form of nuc;ee marer,at;pve so:iar vare of uSE nuc a m oa,m anse n m.a WEiC97 yy, g ggggnpy yy, ungy w,- 4 ea Fission c5 ekers for T?lGA Ma-k I reaC Or 6 gs U 93.5 5.6 g U-235 l
l 64 ea #104 Std. TPJCA U::rH Fuel Ele =en:s.and 12.90 Kg U 19.9 2.57 Kg U-235
,,; 3 ea #304 fueled-follower Control reds
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.M g*, Approxi= ate value Of fission Cha=Se.rs, fuel.
M elemen:s and Coc:ained uranic = - S300,000
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- 22. COUNTRY OF ORf CIN.-
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2a. COUNTRY OF CRIGIN: SNM l ~ ' * ^* '. 24. COUNTRIES WHICH ATTACH l
SOURCE MATERI AL WHERE ENRICHED OR PRODUCED, SAFEGUARDSU/ Oo nl USA ragygg
- 25. ADCITION A L INFORM ATION ' usa sewste reerif necacaryf b*U**
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- 26. The applica-t co t.fies that tNs soolication is preoared in conformrty weth Trtie to. Code of Federal A equistiorts, and that att inferrmatior: in tnis soof =:stron is conset to $a t>ert of %her know!adge.
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Mr. William Mowry M'anager, Licensing Administration General Atomic Company P.O.
Box S1608 San Diego, California 92138 Subject : End Use Statement of Consignee
Dear Mr. Mcwry :
We request that this statement be considered a part of tha application filed by General Atomic Company for its license to export special nuclear materiel.
We desire to receive the following material in the quantities indicated below Material'Tvoe Form Cuantity Uranium enriched to Electro-deposited 6 g of U containing 93 % U-235 In neutron detectors 5,6 g of U-235 We will use the special nuclear material listed above for the following pu pose The neutron detectors will be used in the instrumentation system in the Moroccan TRICA Mark I research reactor.
We certyfy that all of the facts contained in this statement a e true and correct to the best of our knowledge and belief and we do nat know of any additional facts which are inconsistent with the above statement.
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4 Mr. William Kowry I ! i; Manager, Licensing Administration General Atomic Company P.O. Box 81608 San Diego, California 92138 Subject End Use Statement of Consignee Dear Mr. "cwry We request that this statement be considered a part of the application feled by General Atomic Company for its license to expert special nuclear material.
We desire to receive the following materia 1 in the quantities indicated below
.Vaterial Tvoe Form Quantity Uranium enriched to UZrH in TRIGA 12.896 kg of uranium 19.9% U-235 fuel elements containing 2.566 kg of U-235 We will use the special nuclear material listed above for the follcwing pu_7 ose The fuel elements will be used for the core of the Moroccan 100 KW TRIGA Mark 1 research reactor. The reactor will be used for research and training in nuclear science and engineering and for isotope production.
We c.rtify that all the facts contained in this statement are true and correct to the best of our kr.owledge and belief and we do not know of any additional facts which are inconsistent with the above statement.
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In Reply i714) 455.xco January 19, 1979 Refer To:
IEL-1013 Mr. Gerald G. Oplinger, Assistant Director Export /I= port & International Safeguards Office of Inter:ational Progra=s U.S. Nuclear Regulatory Cc _.ission Washington, D.C. 20555
Subject:
Application for SNM Export License; Morocco.
Reference:
Willia: R. Mowry letter to Assistan Director for Export /I= port and International Safeguards, "Applica:1cn for Utili::ation Fac-111:7 Expor: License," No. IEL-980 da:ed Sept. 20, 1973.
Dear Mr. Oplinger:
General Ato:ic Cc=pany entered into an agreement en July 11, 1973, with :he Ministry of Energy and Mines, Directorate of Energy, Tdngdo= of Morocco, to furnish, deliver, assechle, install and assist in the star: up of a TRIGA Mark I reactor in their country.
The reactor is contracted to undergo tes:-
ing and be operaticnal no la:er than Augus: 31, 1950, if General Atocic is to avoid penal:7 charges.
General A::=ic Cc=pany, h its referenced appli-cation, sought a facility license for the nonfueled co:penents.
This applica: ion, =ade under 10CFR110, is for the fueled ce=ponents of the
- reactor, i.e.,
fuel ele ents, fueled-follower control rods and fission chac-bers.
The at: ached Forrt NRC-7 centains state, a= cunts and caterial descrip-tions for the SNM, which is the subject of this application.
A:: ached also cre :vo end-use state ents, each originally signed by the censignee.
One statement is for 4 reactor instrumentation fission cha:bers, which contain small quanti:ies of fully-enriched uranium (93" U-235).
The other sta:erent is for the reactor fuel components such as fuel elements and fueled-folicwer con rcl rods.
Separa:e enclosed sta:ecen:s were provided to allev pursuit of separa:e licensing actions, a path we don': believe is justified.
General Atc=ic Ccepany, whose main office is located a:__10955 John Jay Ropkins Drive, San Diego, Califor=ia, is :he fir = expor:ing the =a:crial.
The caterial vill be packaged for shipment at this address.
The fuel elements vill be packaged and shipped in an NRC-approved shipping container, COC No. 9034 or 9037, as appropria:e.
These con:ainers have been approved for interna:1cnal shipment under corpes;gnding DOT Certificates of e
Ji' @ packaged in DOT-authori: ed M
Cc=petent Authority.
The fissien chambers packages and shipped in co=pliance with 49CFP100-139. We anticipate making 1.97_9 JM 24 E II O
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1 Gerald G. Oplinger IEL-1013 r
the fuel ele =ents shipment near the facility co=pletion date.
The fission cha=bers will be shipped earlier with the instrumentation and certain other facility components.
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Accordingly, we request issuance of an export license, having validity through l
August *1981, authorizing the shipment of materials described on the enclosed Form IGC-7 to Morocco.
Very truly yours, n
ttg&1 '
William R. Mowry Licensing Ar'ministrator Nuclear Materials Control Divisioc
'GM:hes
Enclosure:
Fors NRC-7 2 End Use Statements 4
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APPENDIX C 1
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/ W-c = ? s c E PA RT M E N T cF STATE i
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EUREAU OF OCEANS AND INTERNATIONAL ENVIRONMENTAL aND SCIENTIFIC AFFAIRS September lu, 1981
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MEMORANDUM FOR JAMES R. SHEA X3 NN 8/kk2 NUCLEAR REGULATORY COMMISSION Enclosed is an Executive Branch analysis covering license applications for the export of a TRIGA Mark I research reactor and low-enriched uranium fuel for that reactor to Morocco. In accordance with the Atomic Energy Act, as amended, the analysis explicitly addresses how the requirements of Section 126 a.(1) of the Atcmic Energy Act are net, including the specific criter-ia of Sections 127 and 128 envisaged by Section 126 a,.as well as certain additional factors,
.(1).
The Executive 5 ranch, on the basis of its review of this case, has concluded that the requirements of the Atomic Energy Act, as acended by the Nuclear Non-Proliferation Act of 1978, have been met and that the proposed exports would not be inimical to the com-non defense and security of the United States. Moreover, Morocco has adhered to the provisions of its Agreement.for Cooperation with the United States. Therefore, the Executive 3 ranch recc mends that the recuested export licenses be issued.
In view of the fact that the proposed reactor export is the first to be made pursuant to a new post-NN?A Agreement for Cooper-ation, expeditious action by the NRC in processing the license re-quests is reconnende'd.
5 NL_<
John P. Boright
\\s Actipg eputy Assistant Secrewary
Enclosure:
As stated i :.s 'LN e-d '.
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4 EXPORT LICENSE APPLICATION ANALYSIS XR-132 Country:
Morocco i
Transa<: tion:
The export of one TRIGA Mark I research reactor consisting of reactor tank, fuel handling tool, graphite reflector assembly and core support structure, core grid plates, control rod guide drive assemblies, instrumentation, tank top and bridge assembly, radiation monitoring system, pneumatic sample transfer
- system, reactor pool water purification and cooling systems and miscellaneous parts and components.
Applicant:
General Atomic Date of Application:
September 20,1978 1
i Purpose of Export The purchaser of this TRIGA Mark I research reactor is the Ministry of I
Energy and Mines of the Government of Morocco.' The reactor will be located at the Mohammed V University, Faculty of Science in Rabat, Morocco and will be used for research and training in nuclear science and for isotope production.
The TRIGA Mark I is rated at a nominal steady-state power level of 100 KW thermal and is a below-ground, water-filled, pool-type facility. Total value of the reactor and ' associated components to be shipped under this application is approximately $1,200,000. The reactor uses standard TRIGA fuel elements I
containing uranium enriched to 19.9E l
[
EXPORT LICENSE APPLICATION ANALYSIS XSNM01442 Country:
Morocco Transaction:
Export of 2.57 kilograms of U-235 contained in' 12.90 kilograms of uranium enriched to 19.9 percent in the form of TRIGA reactor fuel elements and 6 grams of uranium enriched to 93.5 percent in 3
four sealed fission chambers Applicant:
General Atomic Date of Application:
January 19,1979 Purpose of Export The low-enriched uranium in the form of 64 standard TRIGA fuel elements and 3 fuel follower control rods will be used for the initial core loading of the Moroccan 100 KW TRIGA Mark I research reactor. The 6 grams of 93.5 percent enriched uranium in four sealed neutron detectors for this reactor may now be exported under generallicense.
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1.
Applicable Agreement for Cooperation The proposed exports are subject to all of the terms and conditions of the Agreement for Cooperation between the Govern-ment of the United States of America and the Government of the Kingdom.of Morocco concerning Peaceful Uses of Nuclear Energy, which entered into force.on May 16, 1981. This was confirmed by a diplomatic note from the Ministry of Foreign Affairs of Morocco to U.S. Embassy, Rabat, as reported in Rabat 6356, dated September 4, 1981. A copy of that cable is attached.
Morocco has adhered to all provisions of its agreement with the United States.
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1 2.
Ertent to Which Export Criteria Are Met A.
Section 127 Criteria 1
As provided in Section 127 of the Atcmic Energy Act, the following criteria govern exports for peaceful nuclear uses from the United States of source material, special nuclear material, production or utilization facilities, l
and any sensitive nuclear technology:
Criterion (1)
"IAEA safeguards as required by Article III(2) of the Treaty will be applied with respect to any such material or facilities proposed to be exported, I
to any such material or facilities previously exported and subject to the applicable Agreement for Cooperation, and to any special nuclear material used in or produced through the use thereof."
t Morocco is a Party to the Treaty on the Non-Proliferation of Nuclear Weapons and deposited its instrumen+. of ratification on November 27, 1970.
The Moroccan Government has also signed a comprehensive safeguards agreement with the IAEA under Article III of the Treaty, which entered into i
force February 18,1975.
In addition, Article 9, paragraph 2, of the U.S.-Morocco Agreement j
provides that, if either party becomes aware that the IAEA is not or viill not be applying safeguards, the parties shall immediately enter into arrangements I
which conform to IAEA safeguards principles and U.S. supply procedures la ensure effective continuity of safmards.
Therefore, it is the Executive Branch view that criterion (1)is met.
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Criterion (2)
"No such material, facilities, or sensitive nuclear technology proposed to be exported or previously exported and subject to the applicable Agreement for Cooperation, and no special nuclear material produced through the use of such materials, facilities, or sensitive nuclear technology, will be used for any nuclear explosive device or for research on or development of any nuclear explosive device."
As a non-nuclear weapon state party to the NPT, Morocco is precluded from acquiring, developing or manufacturing nuclear explosive devices for any purpose.
Moreover, under Article 8 of the Agreement, Morocco " explicitly guarantees that no material, equipment, or components transferred to and under its jurisdiction pursuant to this agreement and no material used in any equipment or components transferred to and under its jurisdiction pursuant to this agreement or produced through the use of any material, equipment, or components so transferred and under its jurisdiction shall be used for any nuclear explosive device, for research on or development of any nuclear explosive device, or for any military purpose".
Therefore, it is thI Executive Branch view that criterion (2) is met.
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Criterion (3)
" Adequate physical security measures will be maintained with respect to such material or facilities proposed to be exported and to any such nuclear material used in or produced through the use thereof. Following the effective date of any regulations promulgated by the Commission pursuant to Section 304(d) of the Nuclear Non-Proliferation Act of 1978, physical security measures shall be deemed adequate if such measures provide a level of protection equivalent to that required by the applicable regulations."
The Executive Branch has assessed the physical security measures planned by the Kingdom of Sforocco with respect to nuclear material and facilities and determined that they will be adequate for the facility covered by this license application.
Article 7, paragraph 2 of the U.S.-31orocco Agreement for Cooperation specifies that: "The parties agree to the levels for the application of physical security set forth in the Annex which levels may be modified by mutual consent of the parties. The parties shall maintain adequate physical security measures in accordance with such levels. Such measures shall, as a minimum provide protection comparable to that set forth in document INFCIRC/225/Rev.1 of the IAEA entitled 'The Physical Protection of Nuclear 31aterial' or in any revision of that document as may be agreed to by the parties."
Therefore it is the view of the Executive Branch that criterion (3) is met.
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Criterion (4)
"No such materials, facilities, or sensitive nuclear technology proposed to be exported, and no special nuclear material produced through the use of such material, will be retransferred to the jurisdiction of any other nation er group of nations unless the prior approval of the United States is obtained for such retransfer. In addition to other requirements of Inw, the United States may approve such retransfer only if the nation or group of nations designated to receive such retransfer agrees that it shall be subject to the conditions required by this section."
Article 5, paragraph 2, of the 1980 U.S.-Morocco Agreement for Cooperation stipulates that: " Material, equipment or components transferred pursuant to this agreement and any special nuclear material produced through the use of any such material or equipment may be transferred by the recipient party, except that such party guarantees that no such material, equiprnent, components or special nuclear material under its jurisdiction shall be transferred to unauthorized persons or, unless the parties agree, beyond its territorial jurisdiction."
This article clearly gives the U.S. the required approval right over the retransfer from Morocco of material, equipment or components supplied by the U.S. or produced through the use of such material or equipment and allows retransfers only if the parties agree.
Therefore, it is the Executive Branch view that criterion (4)is met.
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Criterion (5)
"No such material proposed to be exported and no speial nuclear material produced through the use of such material will be reprocessed, and no irradiated fuel elements containing such material removed from a reactor shall be altered in form or content, unless the prior approval of the United States is obtained for such reprocessing or alteration."
Article 6, paragraph 1, of the U.S.-Morocco Agreement for Cooperation provides that: "Each party guarantees that material transferred to and under its jurisdiction pursuant to this agreement and material used in any equipment transferred to and under its jurisdiction pursuant to this agreement or produced through the use of any mainial or equipment so transferred and under its jurisdiction shall not be reprocessed unless the parties agree."
This Article clearly gives the U.S. the required approval righ; over reprocessing of any U.S. supplied material, material produced through the use of U.S. material or equipment, or material used in U.S. equipment.
Therefore, it is the view of the Executive Branch that criterion (5) is m e t.
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Criterion (6)
"No such sensitive nuclear technolgy shall be exported unless the foregeing conditions shall be applied to any nuclear material or equipment cich is produced or constructed under the jurisdiction of the recipient nation or group of nations by or through the use of any such exported sensitive nuclear technology."
The proposed exports do not involve the transfer of sensitive nuclear technology. Criterion (6) is, therefore, not applicable.
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B.
Section 128 Criterion Section 12S a.(1) of the Atomic Energy Act establishes the following additional criterion:
"As a condition of continued U ited St ta es export of n
source material, special nuclear material, production or utilization facilities, and any sensitive nuclear technology to non-nuclear-weapon states, no such export shall be made unless IAEA safeguards are maintained with respect to all peaceful nuclear activities in, under the jurisdiction of, or carried out under the control of such state at the time of the export."
As a Party to the NPT, Morocco has acceped IAEA safeguards on all of its nuclear activities. Article 1, paragraph 3 of the U.S.-Merocco Agreement for Cooperation contains an independent commitment to maintain full-scope safeguards.
This criterion is therefore satisfied.
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3.
Additional Factors A.
Safeguards Implementation The IAEA Secretariat noted in its latest Safeguards Implementation Report that with regard to nuclear material subject to IAEA safeguards, no anomalies were detected which would indicate the diversion of a significant amount of safeguarded nuclear material for the manufacture of any nuclear weapon or any other nuclear explosive device. The Secretariat concluded that nuclear material under Agency safeguards remained in peaceful nuclear activities or was otherwise adequately accounted for. The Secre tariat based its conclusion en improved safeguards approaches and extensive inspection activities which in 1979 included almost 1,000 inspections at over 500 installations in non-nuclear-weapon states.
The Executive Branch has no reason to believe that the IAEA Secretariat's report is not valid. In the light of this and other factors associated with the proposed export, the Executive Branch believes the framework of commitments, assurances, and safeguards is adequate for the purpose of this expert.
B.
Special Non-Proliferation and Other Foreign Policy Considerations As this is the drst reactor export to be made pursuant to a new Agreement for Cooperation, incorporating all the requirements of the Nuclear Non-Proliferation Act of 1978, it is very important that every effort be made by the NRC to process this application expeditiously. Prompt action on this case will demonstrate the reliability of the U.S. as a nuclear supplier as well as the advantages of NPT adherence and acceptance of the new form of Agreement of Cooperation with the United States.
4.
Inimicalit7 udgment J
Based on.eview r
E ed exports, it IS the ' iud Executive Branch that +"5a p sed export 8 Will no* b he common defense and seeurjty, and that the licenses should be is u {
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HO Sue;ECT LETTER OF ASSVGANCE FOR NCLEAR REACTCG ExAC7T L: CENSE 1.
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LAN 01ECC EuGASSY UNOEASTAN0S TMAT GC" EMBASSY IN WASHINGTON ugST AAOOvCE STANOAAC ASSUAANCE '. E T T E R AS PART OF PACCEOUAE FCA SECJAING EXAOAI LICENSE.
2.
FONMIN CFFICIAL INFC4MEO E MP CF F CN STATE" SEA 3 THAT MINISTAY MAO INSTAUCTEO !TS EMSASSY IN WASHINGTCN TC oREAAAE SUCM A LETTEA.
INSTAvCTIONS FOAwAADEC ev OIPLOMAT: C AOUCH EAALY WEEP OF AUGUST 31.
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-AVE AECE!vCO O!PNOTE FAOM* MIN: STkY COVCNING ^ LE1 TEA FACH HOAOCCAN ENEAG/ ANO HI 7E S H: NI5 TEA $40 Ji.0 A SAAO TO USC
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TEXT CF wm:CH FOLLCw3 IN CFF: CIAL EubASSv i A ANSL AT! ON-OVO*E SU 9; E CT: 9!LATEAAL NUCLEAR CCC=EAATION AGRE("ENT/
IuACATATION Cr A RESEAOCs CEACTCA }NTO MOACCCC AEF: LETTEA FACM T*E
- ! N! S T E R OF E. T A T E CHAAGEO w!?H FOAE:GN AFFA AS Ar.O COOF E A AT I ON.
DATEO JutY 3.
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eY vEANS CF T-d AEFCAENCCC L E T TE R.
THE MINISTEA OF STATE CHAAG O w!TH FOMEIGN AF F A! A S ANO CCCP(GAT ON Cr THE FINGOOM OF MOACCCO. MAS NFOT-MED ME CF T-E DES AE CF TME UN!TCO STATES OEDAATMENT OF ENERGY TO A E C E : t r.
A wA:TTCN NCTE Or CCNFIAHAT!CN AEGANC NG THE MACDTAT;ON 8Y MORCCCO Or NvCLEAA MATER: AL *MICH WILL FUEL THE RESEARCM REACTCA TRIGA MAAK :.
T-E u:NISTAY OF ENEAGY AND M: NC3 OF TME i!NGCOM'CF MOAOCCO CONFIAHS TWAT THE TPANSrER OF TwE AEACTCA ANO EOv: DMENT !OENTIFIEC CN THE EXPOAT LICENSE DATFO JAUNARY 24 19T9 wILL SE EEF#ECTED IN ACCORCANCE w:TM TwE CCNO TIONS ST:PULATED IN THE COOPE R ATI ON AGREEMENT mMICH ENTEAEO INTO FORCE ON MAY 15 1981 EET*EEN THE GOVE ANr4E NT CF TrE UN TEO STATES ANO TME GOVEAN"ENT CF T-E r.INGOOM CF MOAOCCO HAVING TC 00 W3 IM THE CIVILIAN USES CF ATCMIC E NE R GY.
AS TwE FINAL CON 5!GNEC, THE H N! STAY OF ENEAGY AND u!NES CF THE <!NOOCH Of MCAOCCO NOTES THAT IT HAS CMAAGEC T-E NATICNAL ELECTA: C!?Y CFFICE WI TM AECE!VING AND INST AL L :NO T-E TAIGA u n a r.
RESEAACH AEACTCA AT A S!TE LCCATEC
.N Te*E VIC: NITY OF AABAT w!TM THE A: M CF ACTIVATING TMIS !NSTALLAT: CN ANO VEET!NG OVA CONTRACTUAL AGAEEHENT w:TH AEGARC TC T I ME.
JS/ "CUSSA SAACI u: N: STEA CF ENEAGY AND MINES UNCUCTE 3.
COPY OF SAAO: LETTER ANO CO VE R I NG NCTE TC BE FCUCHED TO NEA/AFN. SESASTIAN
(,h Ul1CL ASS IF I ED
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