ML20034D499

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Requests Approval for Issuance of License Amend to Ga for Export of Two Addl Control Rods & Assosiated Equipment for Use in Triga Research Reactor in Japan
ML20034D499
Person / Time
Issue date: 12/01/1992
From: Harold Denton
NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP)
To:
References
SECY-92-398, NUDOCS 9212030119
Download: ML20034D499 (7)


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POLICY ISSUE (Notation Vote)

December 1, 1992 SECY-92-398 For:

The Commissioners From:

Harold R. Denton, Director Office of International Programs Subiect:

PROPOSED LICENSE AMENDMENT TO EXPORT A UTILIZATION FACILITY (REACTOR CONTROL RODS) TO JAPAN (XR157, AMENDMENT NO.1)

Purpose:

To obtain Commission approval for the issuance of a license amendment to General Atomics for the export of two additional control rods and associated equipment for use in a TRIGA research reactor in Japan. The amendment request is being referred to the Commission in accordance with 10 CFR 5110.40(b)(1) as control rods are included in the definition of " utilization facility."

Discussion:

On July 17, 1992, General Atomics filed an amendment request (Attachment 1) to export two additional control rods and associated equipment to Japan for use in the TRIGA research reactor located at the Japan Atomic Energy Research Institute's Tokai Research Establishment. The reactor is known as the Nuclear Safety Research Reactor (NSRR). One control rod is described as an adjustable fast transient control rod and the other as a fast transient control rod.

The associated equipment consists of eight connecting rods for the control rods and three air line regulator valves with hoses and hardware. The additional equipment would constitute an increase of $188,547 to the original dollar value bringing the new total value to $438,288.

In response to our request for views, the Executive Branch, by letter dated November 12, 1992 (Attachment 2) concludes that:

NOTE:

TO BE MADE PUBLICLY AVAILABLE

Contact:

WHEN THE FINAL SRM IS MADE B.L. Wright, DIP /ESSC AVAILABLE 504-2342

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I The Commissioners 2

i The proposed export would take place pursuant to the t

Discussion:

(continued)

Agreement for Cooperation Between the United States and Japan; Japan has adhered to the provisions of its agreement; The requirements of the Atomic Energy Act, as amended by the Nuclear Non-Proliferation Act of 1978, have been met; The proposed export will not be inimical to the common defense and security of the United States; and A detailed analysis for Japan was submitted November 2, a

1988. There has been no material change in circumstances since that submission.

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Based on the foregoing, the Executive Branch recommends that the license be amended as requested.

The staff believes the current Executive Branch analysis provides an adequate basis for finding that the proposed amendment meets the applicable export licensing criteria of i

the Atomic Energy Act.

International Safeauards i

Japan is a party to the Non-Proliferation Treaty and, as i

such, accepts International Atomic Energy Agency (IAEA) i safeguards on all source and special nuclear material in its nuclear activities. The latest IAEA Annual Report shows that

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r, IAEA Facility Attachment has been negotiated and is in force for the Tokai research reactor.

We note that the IAEA Report states that "... the secretariat...did not detect any event which would indicate the diversion of a significant amount of safeguarded material...

It is considered reasonable to conclude that the nuclear material under Agency safeguards in 1991 remained in peaceful nuclear activities or was otherwise adequately accounted for."

P Physical Security There are no physical protection requirements for exports of f

control rods.-

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The Commissioners 3

F Conclusion.

The staff concludes that all criteria required for the issuance of a license amendment to XR157 to General Atomics i

for the export of two additional control rods and associated i

equipment to Japan are met. The Office of the Execu.tve Director for Operations concurs. The Office of the General Counsel has no legal objection.

Recommendation: That the Commission authorize the issuance of Amendment No. I i

to export license XR157 to General Atomics.

l Harold R. Denton, Director Office of International Programs Attachments:

l 1.

Letter from General Atomics dated 7/17/92 l

2.

11/12/92 DOS Letter RJKStratford to HRDenton containing Executive Branch views j

Commissioners' comments or consent should be provided directly to the Office of the Secretary by~ COB Tuesday, December 15,-1992.

Commission Staff Office comments, if any, should be submitted to the Commissioners NLT Tuesday, December 8, 1992, with an information copy to the Office of the Secretary.

If the paper is of such a nature that it requires additional review and comment, the Commissioners and the Secretariat should be apprised of when comments may be expected.

DISTRIBUTION-Commissioners OGC OCAA OIG IP EDO SECY

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ATTACHMENT 1 i

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i July 17,1992

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IEL-1937 Mr. Ronald D. Hauber MS 3 H5 t

- Assistant Director Expons, Security and Safety Cooperation U.S. Nuclear Regulatory Commission Washington, DC 20555

Subject:

Application for Amendment to NRC Expon License to Japan

Reference:

NRC Export License No. XR157, with amendments l

Dear Mr. Hauber:

l General Atomics (GA) hereby makes application, pursuant to 10 CFR 110, for an amendment to NRC Expon License No. XR157 to Japan. An amendment is required in order to fulfill contractual obligations to ship the following additional control rods and associated equipment

, to the Japan Atomic Energy Research Institute (JAERI):

i Quantity Description 1

Adjustable fast transient control rod (neuron absorber material is boron enriched in the B-10 isotope) 1 Fast transient control rod (neutron absorbermaterial is boron enriched in the B-10 isotope) 8 Connecting rods for control rods 3

Air line regulator valves with hoses and hardware This would constitute an increase of $188,547 to the original dollar value bringing the new total value to S438,288. Funhermore, it is requested that the following license provision be added: "The licensee is authorized to re-export any of the items listed on this license that are returned to the licensee for warranty repair or replacement."

Enclosed is a check for the amount of $580.00 to cover the fee for the requested amendment.

If you need additional information or assistance, please do not hesitate to contact me at (619) 455-2823 or Mr. Brian Laney, Staff Licensing Engineer, at (619) 455-4369.

Very truly y urs, usseri,0EVnD33VS 11HI c

for Keit E As Direct.gr ipog]

Licensing, afety anFNuclear Compliance PZ: Zd OZ Y 76.

Enclosure:

GA Check No. 3613121

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. ~r0338 3!50 GENERAL ATOMICS COURT. SAN DIEGO. CA 92121-1194 PO Box e5608. SAN DIEGQ CA 92106 9784 fE19:455 3000

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5 ATTACHMENT 2 I

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.[2 United States Department of State Q

Bureau of Oceans andInternational Environmentaland Scientific Affairs Washington, D.C. 20.520 November 12, 1992 Mr. Harold R. Denton Director, International Programs United States Nuclear Regulatory Comnussion Rockville, Maryland

Dear Mr. Denton:

I refer to the letter from your office dated July 31,1992, requesting the views of the Executive Branch as to whether amendment of an export license in accordance with the application hereinafter described meets the applicable criteria of the Atomic Energy Act of 1954, as amended by the Nuclear Non-Proliferation Act ofl978:

NRC No. XR157 -- Application by General Atomics to amend existing license XR157 to authorize the export to Japan of two additional control rods and related equipment, total value $188,547, for the TRIGA research reactor operated by the Japan Atomic Energy Research Institute's Tokai Research Establishment.

The proposed export to Japan would take place pursuant to the Agreement for Cooperation Between the United States and Japan as confirmed in a telegram from U.S. Embassy, Tokyo, reporting receipt of a Note Verbale from the Japanese Foreign Ministry. A copy of the telegram is enclosed. Japan has adhered to the provisions ofits Agreement for Cooperation with the United States.

The Executive Branch has n: viewed the 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 Japan was subrnitted November 2,1988. There has been no material change in circumstances since that submission.

On the basis of the foregoing, the Executive Branch recommends that the lice ise be amended as requested.

Sincerely,

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Richard J. K. Statford Deputy Assistant Secretary c ggyng33ys 11HI Nuclear Energy & Energy Technology Affairs

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Enclosure:

EE:9d g g g Assurance telegram.

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