ML20049A603

Memorandum & Order Dismissing on Ground of Mootness, Licensing Board Ref to Ruling in Part III of LBP-80-2,supra, 11 NRC at 65-77 & Associated NRC Exception Re Evidentiary Hearing on Facility Need for Power

ML20049A603
Person / Time
Site:	La Crosse File:Dairyland Power Cooperative icon.png
Issue date:	04/27/1981
From:	Bishop J Atomic Safety and Licensing Board Panel
To:
Shared Package
ML20049A602	List: ML20049A600 ML20049A603 ML20049H177 ML20049H227 ML20055C173 ML20057B324 ML20057B598 ML20057B608 ML20057B628 ML20057B639 ML20057B686
References
FOIA-92-436 ALAB-638, NUDOCS 8106180238
Download: ML20049A603 (4)

Text

{{#Wiki_filter:5 .i UNITED STATES OF AMERICA .l NUCLEAR REGULATORY COMMISSION ATOMIC SAFETY AND LICENSING APPEAL BOARD Administrative Judges: Alan S. Rosenthal, Chairman Dr. Lawrence R. Quarles Thomas S. Moore ) In the Matter of ) ) OAIRYLAND POWER COOPERATIVE ) Docket No. 50-409 SFP ) (Lacrosse Boiling Water Reactor) ) ) MEMORANDUM AND ORDER April 27, 1981 ( ALAB-6 38) The Dairyland Power Cooperative holds a provisional operating j In an initial decision l license for its Lacrosse nuclear f acility. the Licensing Board acted f avorably on rendered in January 1980, to that license which Dairyland's application for an amendment the expansion of the storage capacity of the f acil-would permit ity's spent fuel pool. LBP-80-2, 11 NRC 44. That result wa later affirmed by us in ALAB-617, 12 NRC 4 30 (1980). As ALAB-617 reflects, a sharp controversy had arisen below respecting whether, in the course of passing upon the spent fuel i pool expansion proposal, the Licensing Board should inquire into the continued need for the power generated by the Lacrosse facil-Rejecting the insistence of both the applicant and the NRC f ity. 1 1 ,/^ N 7 lp j;,a: 'l vyv 3/,f i l-3 )

L =e

e staf f thar it lacked the jurisdiction to do so, the~ Board had conducted an evidentiary hearing on the need-fer-power question and then, in the initial decision (11 NRC at 77 et seq.),.had f

found that Lacrosse-generated electricity would be needed at i least until the end of 1982. That finding (which was not challenged before us.by any party) obviously stripped the Board's jurisdictional ruling.of ' any significance insof ar as this proceeding is concerned.1/ Nonetheless, at the end of its initial decision the Board ful-filled a prior oral commitment to refer the ruling to us under 10 CFR 2.7 30 (f). 11 NRC at 104. In addition, the staff filed an exception to the initial decision for the stated purpose of bringing into specific question one of the underpinnings of the ruling. Given the f act that by then the jurisdictional ruling had become entirely academic (and the additional fact that the ruling had rested upon the particular and seemingly sui generis circum-stances of this case), in ALAB-631 we might well have simply t dismissed both the referral and the exception on that ground. i We chose, however, to follow a dif ferent course by reason of the. f pendency of a similar (albeit not identical) question which had i 1/ The basis for the ruling was developed in the initial de-cision, 11 NRC at 65-7,7. f e +

/ 6 been raised in another spent f uel pool expansion proceeding, de-cided by the Licensing Board and likewise referred to us. Con-sumers Power Co. (Big Rock Point Nuclear Plant), LBP-80-25, 12 NRC 355 (1980). That referral had been promptly accepted because "unlike the situation in Lacrosse, the Big Rock Point ruling had an immediate and significant practical effect". ALAB-l 617, 12 NRC at 432. In the totality of circumstances, it seemed " prudent" to hold the Lacrosse referral and the related staf f ex-ception in abeyance to await our determination of the Big Rock } Point controversy. Ibid. Big Rock Point has now been decided. ALAB-636, 13 NBC (March 31, 1981) (petition for Commission review pending). In light of that decision, we have reexamined the matter of th e j wa rr ant for undertaking a close examination of the merits of the f Lacrosse ruling in its current wholly academic setting. We find none. S ta ted o the rwis e, there simply is no need to spend time and resources on a moot inquiry presented in a context which ap-l 8 pears most unlikely to recur. Fo r thi s reason, (1) the referral by the Licensing Board of t the ruling contained in Part III o f LBP-80-2, supra, 11 NRC at f 65-77; and (2) the related exception of the NRC staff are dis-missed on the ground of rootness. On the same ground, Part III l 1 is vacated. U n i t e d S ta t q_s_ v. Munsingwear, 340 U.S. 36 (1950); f i l I l

_4-Northern States Power Co. (Prairie Island Nuclear Generating Plant, " nits 1 and 2), ALA3-455, 7 NRC 41, 55 (1978). It is so ORDERED. FOR THE APPEAL BOAPS Ob M \\ C. Je Q Bishop Secretary to the Appeal Board O p i

VICTOR GILINSKY August 25, 1992 FREEDOM 0F INFORMATl0N Samuel Chilk ACT REQUEST Secretary Nuclear Regulatory Commission OM-@2-//86 Washington, DC 20555 sc ed f-2 7-9z

Dear Sam:

I am writing to follow up, after long delay, on our discussions over my collection of NRC papers at the Hoover Library. As you know the papers have been opened to the public with the exception of a set of about 700 or so whose public release gave concern to the General Counsel. It seems to me that the best way to resolve the question of public availability of these remaining papers, and to do it in an amicable and fair manner, is for the General Counsel to formally apply to them the strict standards of the Freedom of Information Act. The papers are a well-defined category and there should be no problem in identifying them. No doubt the General Counsel has a list. I expect the papers are all neatly stacked in a corner somewhere. In order to trigger the formal review, I therefore request the papers in question be released under the Freedom of Information Act. Sincerely, /mi .I J pp-" )

r-flx 4. 4 /p one 'o, gx 3 f I I / / June 4, 1931 SECY-81-3SS POLICY ISSUE (Notation Vote) For: The Cornissioners From: William J. Dircks Executive Director for Operations APPROVAL OF A PROPOSED LICENSE AMENDMENT TO EXPORT

Subject:

SOURCE MATERIAL TO FRANCE FOR ENRICHMENT AND TO SWITZERLAND FOR STORAGE PURPOSES (.XUO8427) Commission review of proposed issuance of subject

Purpose:

license amendment to Edlow International Company. Review Dates: 60-day period expires on July 4,1981 120-day period expires on September 4,1981

Background:

On March 26, 1980, license XUOB427 (SECY 79-640 A and 640 B) was issue! to Edlow International Company J authorizing the export of 68,500 kilograms of natural to France for enrichment uranium in the fonn of UF6 at the Cogema EURODIF facility. Af ter enrichment, the material will be returned to the United States for fabrication into fuel elements by the General Electric Company. These assembled fuel elements will eventually be exported to Switzerland, under a separate NRC license, to fuel the Kernkraf twerk Kaiseraugst power reactor. On July 21, 1980 and December 3,1980, Edlow International R Discussion: submitted requests (Appendix A) to amend XUO8427 as follows-to be exported from 68,500

1) increase the amount of UF6 kilograms to 248,000 kilograms; 2) extend the expiration date on the license from March 10, 1982 to March 10, 1990; and 3) include the Federal Institute for Reactor Research (EIR) facility in Wuerenlingen, Switzerland as an inter-mediate consignee to store the material.

Edlow requests ) the increase in the quantity of material to cover fabrica-tion of not only the initial core and two reloads but also the third and fourth reloads as well. The longer expiration CONTACT: \\ E. Hemby, IP (2-7984) \\ R. Moore, IP (2-7984) c,xf Vbh

The Comissioners Discussion: date is requested because the Kaiseraugst reactor is not (Continued) expected to be completed until the late 1980's. This delay I in construction will also result in the customer hav!ng to store the UF6 material at the EIR facility before it is enriched and possibly the produced LEU after enrichmer.t. In response to our request for views on the proposed license amendments, the Executive Branch, in a letter dated March 9, 1981, ( Appendix B): 1) concluded that the requirements of the Atomic Energy Act, as amended by the NNPA of 1978, have been met and that issuance of the proposed license amend-ments would not be inimical to the common defense and security of the United States and 2) confirTned that the material will be subject to all the tenns and conditions of the Agreement for Cooperation between the United States and Switzerland and the Additional Agreement for Cooperation between the U.S. and EUpATOM. In connection with the requirements under Section 402(a) of the Atomic Energy Act, as amended. the analysis notes that the Department of Energy has initiated the necessary procedures for the subsequent arrangement 'or i enrichment of the material in France. Stiff has also confirmed with the Cepartment of Energy that no comitments from France are necessary with regard to the enrictnent. The analysis also notes that the November 21, 1979 review i of the original application by the Executive Branch remains valid, in view of Executive Order 12295, which extends the duration of the EURATOM waiver to March 10, 1992. The Executive Branch concludes there has been no other material changed circumstance since this review. t in examining the Executive Branch views of March 9, the staff noted that physical security assurances for the EIR 4 facility, with respect to the Category 111 Lf9 which may be stored at the Swiss EIR facility after enrichment, had not been obtained. In response to our request, the Statts Department on May 1,1981 transmitted written physical security assurances from the Government of Switzerland. The staff believes the:c phy:ical security assufances are adeouate. The State. CcNrtment tran: mitt 31 letter it attached at Appendix C; however, the letter containing the written assurances from the Governmen' of Switzerland to the Executive Branch contains privileged information and is not included but a copy is available from the staff and can be forwardeo upon request. The staff believes that there are no material changed circumstances concerning exports to France and Switzer-land which would affect the Commission's consideration of the licensing criteria and which have occurred since issuance of the original license in March 1980 or since i the issuance of the most recent license for Switzerland which was approved by the Commission (SECY-78-471). i

l The Commissioners 3 International Nuclear material at the EIR facility in Switzerland is subject to IAEA safeguards under the Switzerland /!AEA NPT safeguards and Foreign Physical Safeguards Agreement which entered into force on September 6, Security Review: 1978. A facility attachment has been completed for this

• facility.

Although little information is available on the application of safeguards by the IAEA in Switzerland, staff believes that the control of and the accounting for stored uranium in UF cylinders on an item basis are within the capabilities 6 of both Switzerland and the IAEA. France has signed a safeguards agreement with the IAEA, under its voluntary offer, but it is unlikely that it will be put into force and implemented in the near future. Staff does not know whether the EURODIF enrichment facility will be listed as one of the eligible facilities for application of IAEA safeguards under this agreement. Very little information on the application of IAEA safeguards at French facilities is currently available and no information is available concerning the specific safeguards requirements imposed at EURODIF by EURATOM. Switzerland, as party to the Nonproliferation Treaty (NPT), has undertaken obligations to acceot IAEA safeguards on all source and special nuclear material in its peaceful nuclear activities. As a nuclear weapons state, France is not subject to full scope safeguards requirements. In regard to physical security, France and Switzerland have provided written assurances that imported nuclear materials will be protected in accordance with international standards. In view of the above considerations, the staff has concluded

== Conclusion:== that the proposed export meets the requirements of the Atomic Energy Act of 1954, as amended, and that issuance of the proposed amendments to license XUO8427 would not be inimical l to the common defense and security of the United States. Recommendation: That the Commission: 1. Approve issuance of the proposed license amendments to Edlow International Comrany. l 6 i + i

4 The Comissioners Following the Commission approval of the license amendments, note that the staff will process DOE's subsequent arrangement Recomentation: 2) (Continued) request for enrichment of the material in France without Cocrnission review. M j William J. Dircks Executive Director for Operatior., Appendices: Appendix A: Applications dtd 7/21/80 and 12/3/80 Appendix B: 005 ltr dtd 3/9/81 Appendix C: 005 ltr dtd 5/1/81 DISTRIBUTION: Commissioners Commission Staff Offices EDO ELD should be provided directly to the Office Commi ssioner s ' comments of the Secretary by c.o.b. Friday, June 12, 1981. Commission Staff Office comments, if any, should be submitted to the Commissioners NLT June 10, 1981, with an information copy to If the paper is of such a nature the Office of the Secretary. it requires additional time for analytical review and comment, that the Commissioners and the Secretariat should be apprised of when comments may be expected. i i

l- ~ Mo14%~I u u en.ra so s Edlow Intemsoonsi Company llos lich Strm. KT. Smre as

• uhmpon. D.C. 200M U.S. A.

July 21, 1980 0021 usw WUI M3d. RCA 248540 Nuclear Regulatory Commission Office of International Programs, Export, Import & Safeguards Washington, D.C. 205:5

Dear Sir / Madam:

we hereby wish to On behalf of Kernkraftwerk Kaiseraugst, amend U.S.N.R.C. Export license XUO8427. Kaiseraugst has a contract with General Electric which covers the fabrication of the first core and two reloads plus an option to fabricate the third and fourth reloads. reactor is scheduled for operation in lat As the Kaiseraugst in Switzerland orier 1983, we would like to add nnce4 M a <tn-nee to European enrichment as well.as in -e==ine the cuantitv bv_ 179.500 k e s. ura ni um a s n a tural L.T_6_. Pleaskxtendtheexpirationdateofthe emended exnnrr license to 1993 which.should eliminate tne need for multiple redun-that interagency proce-Eant retransrers for approvals in the event dures will allow licensed actions to proceed for the life of the 4 the license expiration date will be license. We realize that to the extension of the Euratom / USA Bilateral export annually subject Agreement for Cooperation. We look forward to reieiving this amendment on a timely basis. Most cordially yours, EDLOW INTERNATIONAL COMPANY ..o. f.4;,,I;ElVE; 7-s Diane Wright Harmon Vice President E WL 22 /# 8 E EXP;.'.7/lGO.U ~ AC i !!!'EilWM *L./GRDS j i s ~f 00 h l' 'bG ^' j N

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l a em amb u atrmoer a Intenenemal Company 17th sum. N %. swa 404 era o c. raux u.s* December 3, 1980 8 3 4237 td387. RCA 248540 U.S. Nuclear Regulatory Commission Office of International Programs F.xport/ Import / Safeguards Washington, D.C. 20555 Deer Sir / Madam: Please refer to our July 21, 1980 request for an amendment. The NRC Form 7 does not really lend itself to commercial options or partial U.S. supply for reactor reloads. Since there have been amendment requests to the original license and several amendments to the Euratom Agreement for Cooperation letter, this letter should serve as a clarification. The Kaiseraugst reactor will probably not go on line until the late 1980s. However, the start-up delay does not delay contractural obligations they have entered into. In order to alleviate the necessity of requesting an amend-ment for post enrichment storage in Switzerland, we would like to have that made as part of the license. Therefore, in order for Kaiseraugst to continue to consider General Electric Co. as a viable supplier for all or part of the third end fourth reloads, and to cove-the various pnssibilities that may be necessary, please examine XUO8427 as follows: 248,000 kilograms of uranium as natural uranium hexafluoride Ultimate Consignee Kernfraftwerk Kaiseraugst AG. Possible Storage at Intermediate Consignee for All or Part of Rexafluoride Federal Institute for Reactor Research (EIR) Wuerlingen, Switzerland gG}d. m., tam m u= 124 ee .Sl lQ j i n ;cs V v me L <t d'

? Enrichment at Intermediate Consignee Eurodif-Tricastin Possible Partial Post Enrichment Storage'at Intermediate Consignee Federal Institute for Reactor Research (EIR) As previously mentioned,.this quantity of material will be fabricated by General Electric Co. in the U.S.A.. We thank you for your consideration of the commercial diffi-culties encountered by utilities with delayed reactors. We are at your service to clarify any questions you may have. Yours most cordially, EDLOW INTERNATIONAL COMPA T. c Diane Wright Harmon Vice President cc: Mr. P. Try - Kernkraftwerk Kaiseraugst AG, Baden l Mr. J. Marchal - Euratom, Washington, D.C. 4 ~ g 7 - c>

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-m.. 4 J 4 _m-i l i I i f l 1 1 T l l 1 1 1 t ? i 6 I h I b e I a t 1 ) I l .i r i 1 a APPENDIX B 4 d, I d I 4 l 'I f l 1 i d a h e 1 a 5 4 4 4 4 1 l 1 1 J l s a I I 1 a 1 \\ p. c., --n-, e

~.,$O S % 7 ! ( i / ~ g 8I O IIIIh DEPARTMENT OF STATE t ' e oc = n_. d og .. y-30 i~ ,1 BURRAU OF OCEANS ANDINTERNATIONAL ENVIRONMENTAL AND SCIENTIFIC AFFAIRS Mi!FR I0 pg i 3, MAR 0 91981 2#9@?CP.T /JE GAi'L STGes i Mr. James R. Shen Director of International Programs United States Nuclear Regulatory Commission Room 6714 - MNBB f Bethesda, Maryland

Dear Mr. Shea:

nis letter is in response to the letter from your office dated July 30, 1980, reqJesting Executive Branch views as to whether amendment of an export license in accordance with the appUcation hereinaf ter described would be inimical to the common defense and security of the United States and whether the proposed export meets the appUcable criteria of the Atomic Energy Act of 1954, as amended by the Huelear Non-Proliferation Act of 1978 (P.L. 95-242): NRC No. IU08427 - Application by Edlow International to amend Ueense No. XUO8427 as follows:

1) to add an Intermediate cons!gnee in Switzerland for storage prior to enrichment in France;

2) to increase the ' amount of material authorized for export by 179,500 kilograms of natural uranium for t.

total of 248,000 knograms of natural uranium in the form of UF ; and 3) to extend 6 the vahdity of the license from March 10,1982 to March 10,1990. i The materialis to t>e enriched at COGEMA, Piertelatte, France for the initial core of the Kaiseraugst reactor in Switzerland. Imtlal operation of this reactor has been delayed until 1983. 6 or storage in Switzerland, eventual f De proposed export of natural UF enrichment in France and use in Switzerland, would take place pursuant to the Agreement for Cooperation Between the United States and Switzerland and the U.S. and the European Atomic Energy Community (EURATOM) as confirmed in letters from the Embassy of Switzerland and the Delegation of the Commission of the European Communities, copies of which are enclosed. EURATOM and Switzerland have adhered to the provisions of their Agreements for Cooperation with the United States. Export of this natural uranium for enrichment is subject to Section 402 It is the view of the Executive l (a) of the Atomic Energy Act, as amended. Branch that pending conclusion of the negotiations to amend the U.S.- EURATOM Additional Agreement for Cooperation, export for enrichment in France may take place pursuant to the present Agreement With the approval of the United States. The procedures for such approval are to be identical to those for' subsequent arrangements, as set forth in Part E of the Executive 'Ihe Branch Procedures published in the Federal Register on June 9,1978. %FI.te F21 and, Lac 2 -It-h Q Cx k b^b,k b, h I ~

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__._..,,c ,.,,,.,+9._- . e.; c' c g Department of Energy as the lead agency for preparation of sutsequent arrangements has initlated the necessary procedures for approval tmder Seetion 402 (a) of the Act. De Erecutive Benneh 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 peoposed export will notA be inimleal to the common defense and security of the United States. detailed analysis for the original application was submitted November 27, 1979. In view of Executive Order 12295, extending the duration of the period specified in the first provfoo to Section 128a(2) of the Atomic Energy Act of 1954, as amended, to March 10, 1982, that detailed analysis remains valid. Dere has been no other material change in circumstances since that submission. On the basis of the foregoing, the Executive Br meh recommends that the lleense be amended as requested. Sineerely, nditions of the Agreement for Cooperation, which en; :

• into force on August 8, 1966, as amended, civil uses of atorric energy between the j

concernia, 's Government J the United States and the Government of Switzerland; b) The intermediate consignee, Swiss Institute for Beactor Besearch in Nurenlingen, is authorized by my Government to receive and possess the material. i Sincerely yours, ?. G. G e-R.E. Muller 1 Energy Counselor l i ~ ^

4 _A ' ei % ..A~ O g 6 l I f M h i. E I 4 ~ i I I i f B l - i l l APPENDIX C l 1 l l e 9 1 + d l 1

b Y nos%7 \\\\ 17-u o \\ g DEPARTMENT OF STATE w e o.c. sam 01 BURFAU OF OCEANS AND INTERN A*ITONAL ENVIRONMENTAL AND SCIENTIFIC AFFAIRS May 1,1981 ^ . Mr. James B. Devine Assistant Director Export / Import and Internatforial Safeguards Offlee of International Programs United States Nuclear Regulatory Commission Room 8702 - MNBB Bethesda, Maryland Dear Mr. Devines I refer to your letter dated March 19,1981, requesting the assistar.ce of the Department of State in obtaining from the Government of Switzerland, physleal security assurance with respect to maintenance of Category D and III levels of protection at the Federal Institute for Reactor Research (EIR) in Wueren11ngen. %e NRC had perceived a need for such assurances in view of the stated intention of the Swiss to store U.S.-origin uranium after export under 11eense XU0B427 and enrichment in France at EIR prior to its use in the Kaiseraugst Nuclear Power Plant. Enclosed is a copy of a letter dated March 3,1981 regarding physical security at the EIR facility with respect to the protection of Category I which also states that " levels of protection of materials in

material, categories 2 and 3 are equally satisfactory and will be maintained in the future."

It is the view of the Executive Branch that this assurance meets the I requirements of Section 127 (3) with respect to the Category III material which may be stored at EIR after export to France as natural uranium for enrichment under 11eense XU08427. We hope the foregoing will enable the NRC to take prompt action on this pending 11eense request. Sincerely, - -....,? M ~.5.1 i Gerard F. Halfr a Director US1 l'C 4 p

Office of Nuclear Export Control

) Enclosure As stated j GB -% T D b Y b c :,z E. p u ---

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r e1' A +s j <^s. June 22 - 1981 SECY-81-385 POLICY ISSUE (Notation Vote) 1 i f For: The Commissioners From: William J. Dircks Execa.tve Director for Operations Subject :

1. PPROYAL OF PROPO3ED LICENSE AND AMEN 0MENTS TO EXPORT LOW ENRICHED URANIUM TO SPAIN (LICENSE NOS. XSNM0844, XSNM01045, 7

AND XSNM01645)

Purpose:

Commission review of proposed issuance of subject license and amendments to Westinghouse Electric Corporation and General. Electric Company. Review Dates: 60-day peri-d expires on July 14, 1981. 120-day pe.od expires on September 12, 1981. Background : Westinghouse and General Electric have filed applications to' 5 export low-enriched uranium to Spain. A description of cach application follows: l 1. XSNM0844, Amendment No. 03 i On Septernber 17, 1976, if cense number XSNM0844 was issued to Westinghouse to ship 146,345 kilograms of uranium, enrict ed to 3.14% U-235, to Spain for use as the initial core loadings of. the Almaraz Aclesr Power Station Units 1 and 2. License amendment nos. 01 and 02 were subsequently issued to extend the expiration dates and change the maxi-mum enrichment percentage. In November 1977, Westinghouse applied for an amendment to increase the quantity authorized for export by 64,610 kilograms of uranium, enriched to 3.2% U-235, which would include two reloads for Almaraz 1 and one reload for Almaraz 2. In September 1979, Westinghouse requested another amend-ment to increase the quantity of material by an additional 2,774 kilograms, enriched to 3.2% U-235, to cover spare replacement assemblies in case any of the fuel assemblies arrive at the site damaged-By letter dated May 14, 1981, Westinghouse requested that the expiration date for XSNM0844 be extended to December 31. 1964 swe % ay-W\\, s ~

f ef f6 O The Coasnissioners

2 Background

By memorandum dated May 8,1978, the Executive Branch (Continued) provided a favorable reommendation that the proposed amendment request for an additional 64,610 kilograms of uranium, enriched to 3.2% U-235,be approved.. The staff forwarded a paper for review and approval of the proposed amendment on August 1,1978 (see SECY-78-416). However, upon receipt of additional. information on shipping arrangements provided by the applicant at our request, which indicated that the material covered by this amendment could be exported after March 10, 1980, (the deadline date for full-scope safeguards) and still easily meet operating requirements, the staff recom-mended deferral of final Commission action on SECf 416 until further notice. On May 14,1981, the Executive 8 ranch provided favorable views with regard to the amendment request for material to cover the spare replacement assemblies (an additional 2,774 kilograms, enriched to 3.20% U-235) and extend the expiration date. The staff is now prepared to consider the amendment requests for reloads, spares, and extension of expiration date. The total quantity of material covered by this license amendment is an additional 67,384 kilograms of uranium, enriched to 3.20% U-235. The Executive Branch has advised that its views of May 8,1978 are still applicable. 2. XSNM01045, Amendment No. 03 On July 21, 1977, license number 75NM01045 was issued to Westinghouse to ship 15,973 kilograms of uranium, enriched to 3.72% U-235, for use as reload fuel in the Jose Cabrera Nuclear Power Plant in Zorita, Spain. License amendments were subsequently issued to authorize additional quantities of material (total 33,823 kilograms of uranium) and extend the expiration date. On August 16, 1979, Westinghouse applied for an amendment to increase the quantity authorized for export by 71,803.56 kilograms of uranium, enriched to 3.72% U-235. The material, which includes four reloads for the Zorita reactor, will be shipped as completed fuel assemblies to the reactor site. l 1 J

i f The Commissioners 3 3. XSNM01645 On January 11, 1980, General Electric Campany filed an application for a license to export 95,500 kilograms of uranius, enriched to 3.8% U-235, for use as six reloads ir the Santa Maria de Garona (Nuclenor) reactor located in the Province of Burgos, Spain. The material will be shipped in the fans of fabricated fuel bundles. Previous material for the Nucienor reacter was exported under license No. XSlet0271. The Cor.nission most recently approved XSNM0271, Amendment mm. 06 on may 22,1981 which authorized an additional 11,500 kilograss of uranium, enriched to 4.0% U-235,to make up a short fall caused by miscalculation of the amount of material needed for reload 9 of the Nucienor reactor. The staff has been informed by the applicant that they would prefer to ship the first reload under application XSNM01645 together with the material covered by XSet0271, Amendment lio. 05 in order to save on transportation costs. General Electric is, there-fore, requesting expeditious Cornission review. Discussion: In response to our requests for views on the proposed exports, the Executive Branch, in letters dated May 11 and 14,1981, attached at Appendix D has: (1)~ concluded tut the requirertents of the Atoste Energy Act of 1954, as amended by the Nuclear Non-Proliferation Act of 1978, have been met and that issuance of the proposed license and amendments would not be inimical to the common defense and security of the Drited States; (2) confirmed that the materials will be subject to the terms and conditions of the US-Spain Ag'reement for Cooperation; (3) noted that Spain has adhered to the provisists of its Agree-ment for Cooperation with the United States; and (4) advised that there were no material changed circumst:nces, other than the developments relating to the applicatfor of IAEA safeguards to all Spanish nuclear facilities, since submission of its detailed analysis of September 19. 1979 on a proposed export to Spain (see XSNM01477, SECY-80-114, classified). In connection with recent Commission review of two previous license amendments to Spain (see SECY-81-313), a concern mas raised with respect to the adequacy of the Spanish assurances regarding "research on or development of" ary nuclear explosive device. Resolution of this matter was reacted by referring to the generic assurances previously provided by Spain for exports of nuclear components and materials which state that all U.S. supplied material and equipment wii! not be used for "any nuclear explosive device nor for research for that purpose". [

y g The Commissioners 4 Discussion: The Executive Branch advised that all the necessary legal Continued) steps have been taken to bring the IAEA-Spain Safeguards Agreement into force. Enclosed neith the Executive Branch letters are copies of separate assurances provided by the Spanish Embassy indicating inst all nuclear activities in Spain are under IAEA safeguards and that in the unlikely event that ' situation should change, while any shipment under the proposed license and amendments were pending, the Goverunent of Spain would consult with the U.S. Government 90 days in advance. In this connection and in respostse to Mr. Chilk's memorandum dated June 1,1981. IP requested State to inform the NRC promptly if Spain notifies the Executive Branch that 1. has unsafeguarded nuclear activities. In that request dated June 12,1981, attached at Appendir E, the staff also reconciled the divergent numbering systems used by the NRC and the Embassy of Spain because the Spanish assurances provid-ing for 90 days advar.ce notification are tied directly to specific amendments. International The exported nuclear material arad the recipient power reactors Safeguards will be covered by IAEA safeguards pursuant to the US/ Spain / and Foreign IAEA Safeguards Agreement. The subsidiary arrangements for the Physical three reactors are completed and in force. The Spanish Govern-Protection ment has confirmed that all its nuclear activities are presently Review: under IAEA safeguards. Although little information is available on the application of IAEA safeguards in Spain, staff believes that control of and accounting for fuel eltsnents on an item basis are within the espabilities of both Spain and the IAEA. Staff has reviewed the physical security program in Spain and found it adequate for the purposes of these exports.

== Conclusion:== The staff believes that there are re material changed circum-stances concerning exports to Spain which would affect the Comission's consideration of licensing criteria and which have occurred since issuance of export licenses (e.g. XSNM-01045, Amendment No. la and XS3MG271, Amendment No. 06 SECY-81-313) for material to Spain after Commission review. Accordingly, the staff believes that the proposed license and amendments 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 kn-Proliferation Act of 1978.

The Cummissioners 5

== Conclusion:== In addition, in view of the implementation of full-scope (Continued) safeguartis in Spain and the recent approval by the Executive Branch and the Commission of LEB fuel exports to Spain, the staff bellenes that future routine LEU fuel emport license applications for Spain could be processed by the staff without referral to the Commission. If approved by the Commission, this change in pacedure would constitute a revision of the Conurission's delegations erf authority to the staff, as contained in Mr. Chilk's classified July 28, 1580 memorandtse to Mr. Dircks. The followiel documents are forwrded for Commission review of i the subject applications: (1) docuseds relating to 15NMOS44 (Appendix A); (2) documescs relating to ISNM01045 (Appendix B); (3) appifcation X5DI0l645 (Appendix C); and (4) Executin Branch letters dated May 8,1978, May 11 and May 14, 1981 wie separate assurances from the Spanish Embassy (Appendix D). (5) letter 5 hem to J. Boright dtd 6/12/81 Recommendation : That the Comission: (1) Authoria issuance of the proposed license and amendments to Westieghouse and General Electric; and (2) Authorim th,e staff to process future routine LEU export license appi f cations for Spain without referral to tne Comis sim. J J William J. Dircks Executive Director for Operations Attachments: DISTRIBUTIOR: As stated Comissioners Comission Staff Offices Executive Dir for Operations ELD Secretaria t Comenissioners' cor. cents shoulc be provided directly to tr.e Office of the Secretary by c.o.b. Tuesday, Jme 30, 1981. Comunission Staff Office cocumercs, if any, should be submitted to the Com.issioners MLT June 26, 1981, with an infxrr.ation copy to the Office of the Secretary. If the paper is of such a nature sat it requires additional time for analytical review and coment, the Commissioners and the Secretariat should be apprised of when consents may be expects!.

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~ anastm, t .s eam o o D W gmess nm. o5i ' ninghouse WaterReactor etricCorporation DMsions mc w annunnersmas mm M n a r p resase m air m o Septaber 7,1979 10- ~2.1~2.5 Mr. M. Peterson Acting Assistant Ofrectar Export / Import and International Safeguards U. S. Nuclear Regulatory Cossnission k'ashington, D. C. 20555

Dear Mr. Peterson:

Please ornnt & rM=nt to license numbers XSf0I-865 (FFY), X55866 "e (FEY),GSNK-844 (ARl/ASdand XS%B61 (LEWLOH) to incrase the total quantities to be shipped to Spain. The increased quantities for each of the above licenses will be 89 Kgs. of U-235 contained in 2774 Kgs, of Uranium. The reason for the increase is in case any of the fuel assemblies arrive at the site damaged, we can ship replacement assemblies. A request for import ifcense will be submitted under separate cover. Very truly

urs, f

M "' R. P. Keenan International Customer Services s /cg cc: T. A. Markovich C. G. Dahlstrom E 'ESi", 7.!?' ' '. - lE .t - ~ m e ita c: rite n. c.-s u:: \\ *\\ YJ J: C* y-j Ldb w j

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n., wa mememenwsno iJ..'S*/ C'i3i t,tQ tit M LS ES ilovember 2,1977 Dr. M. A. Gubin Agreements & Export Branch Division of Materials & Fuel Cycle Facility Licensing Nuclear Regulatory Comission Washington, DC 31555

Subject:

Nuclear Regulatory Comission Fuel Export License No. XSNM-844

Dear Sir:

The subject license was issued to Westinghouse Electric Corporation September 17, 1976 for the export of fuel assemblies containing 3,830 kilograms of Uranium-235 contained in 146,345 kilograms of Uranium enriched to 3.14 w/o maximum in Uranium-235. The fuel assemblies will be exported to Spain for use at the Almaraz Nuclear Generating Power Stations numbers 1 and 2. We are requesting an amenchnent to this license be issued which will permit the export of an additional z,068 kilograms of Uranium-235 contained in 64,610 kilograms of Uranium enriched to 3.20 w/o maxismum in Uranium-235. These additional amounts will be used in two fuel reloads for Almaraz No. I and one fuel reload for Almaraz No. 2. g Part of the special nuclear material will be exported in loaded fue rods H/*- - xes, two i g l and some as 00, powder. The fuel rods will he packaged in of which will De placed inside a Westinghouse Model RCC-1 or RCC-3 steel shipping container. This will be done in acardance with U. S. NRC license SNM-1107, docket aanber 70-1151; U. S. DOT IAEA certification number USA /5450/8F, Revision 2. The UD, powder will be packaged in Westinghouse Fbdel BB-250-2 shipping container, in accordance with IAEA certificate of competent authority, certificate nunber USA /5768/BF, Revision 1. 6 hv3ee 1

O Dr. H. A. Guhin Noverr.ber 2,1977 Page 2 The fuel rods and powder will be supplied by Westinghouse Electric Corporation at Col ia, South Carolina. The first shipment is currently scheduled to connence April 1,1979 and the last shipment is currently scheduled for December 1,1980. An end use statement from the Spanish utility, Central Nuclear de Almarar, is attached. Please contact this office should you have any questions relating to this amendment request. Yery truly yours, (!.. b.

s. /

Tw -> ~- C. G. Dahlstrom International Customer Services /cg Attachcent cc: W. L. Boettinger R. J. McCormick i i i 1

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~ re:,,,- g = m - I, i ICS-9085. 4., i Wesanghouse Water Reactor answ wr=wnmos 1 Bectric Corponstion DMslons u PamughPmWau ME j C i ~ August 16, 1979 08/3 ' f.S /4 N O ' gla.- Ms. B. L. Wright U. S. Nuclear Regulatory Commission Export Import and International Safeguards Office of International Programs Washington, D. C. 20555

Subject:

License Amendment

Dear Ms. Wright:

This is a request to amend our license ISNM-1045 to include twelve (12) additional regions of nuclear fuel for. Jose Cabrera nuclear power plant - located in Zorita, Spain. This will be in addition to the amendment _ requested in our letter 1C5-7508 dated August 31,1978. We expect to ship this material in the form of uranium dioxide sintered pellets encapsulated in sealed fuel rods and assembled into fuel assemblies. Additional quantities to be shipped will be 2513.123 Kgs. U-235 contained in 71803.56 Kgs. Uranium enriched up to 3.72 w/o. Total quantities to be shown on the new revision will be 3696.123 Kgs. U-235 contained in 105376.56 Kgs. Uranium enriched up to 3.72 w/o. We expect this material to continue shipping through December 1996 at the rate of one shipment of one region of fuel each year. Should you need any additional information regarding this request, please contact me at (412)-373-4733. Yours truly, ],.'y NWA+1.-- '/ 1 i .m~..<,.. ./1R. "P. X"eerkn International Customer Services t cc: C. Dahlstrom T. Markovich !"T :- }p p- ' Copy to 7"S e.M MM

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+*' 9 -w I ILS-070 .G Wastinghouse WaterReactor harnee w ou n m os Bectric Corporation DMsions , g g gg Pumspwa tsao .,';~~i?'? C i NEC L. 2:. May 14, 1981 g.#-r d 808 Ms. B. L. Wright Export / Import and International Safeguards U. S. Nuclear Regulatory Consission Washington, D. C. 20555

Dear Ms. Wright:

i

Subject:

Revised Export License Expiration Dates / Spain Confirming our Telecon May 13, 1981 Please extend as follows: XSNM-1045 12/31/87 XSNM-844 12/31/84 XSNM-861 12/31/85 XSNH-865 12/31/84 XSNM-866 12/31/84 XB-870 12/31/83 XB-790 12/31/84 X-37-809 12/31/86 XB-869 12/31/85 Sincerely yours. / M. M. Hers h International Business Development /cg 5 44ef9tiot3>

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p"3 Conditionis Lkunse Number 8" L .M Condition 1 - Licenne s!het fife with the Custo ns Off.cer or the Postmester two copies.h oc5di. _i tion te these otherwise recuired, of the Shipper's Export Dectoration cc edng each espcwt cod mori one of such copies for trcnsmittelio the U.S. Nuclear Regu. - lo*ory Comadasion, Woshington, D.C. 20555. The follo-ag dectorotion shovid oc-compary or be pieced on the Shipper's Export Declerceons for such exporto _ 7_-

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"This shpment is being mode pursucnt to specific kense number Specific kecuse sember) filed of (location e,f Custerns office where lice nse is filed). E as (date license was filedk Th;s I. cense expires on (expirotion date of kerese), and the unshipped belonce remaining on shis license is suffi6ere to l co ee the shipment described on this declorotson. Cui.6?i.s: > - Expors curthenaed in any country or destinctioc, excep' Countr, Groups Q. S. W. . X, Y, cui Z in Port 370, Supplement Nc.1, of 6e Comprehensive Expori 5:beciele ~ of the U.56. Deportment of Commerce. Coritien 3 -This lanse co crs only the nuclect consent of the metesc!. E. Coruftion 4 - The tree-ic! to be exported under this kense shcll be s!rpped in occordare =-ith E the phecci' protection rec;uiremems for speciot nuclecr meterial in 10 CFt 73. 5 5 Condition 5 -Specici nuc-tea meterial outhorized for export under th s license shall et be ~ l trans;xned oeside the Urvied S ctes ir. pcssenger corryes circrcft ir shome.rs er.ceedng 11)20 groms or 20 curies, wh;chever es less of plutonium or venuum 7 -i 233, cr(2135" groms of uronium 235. Condition 6-This I;cese cu6orizes expert only ond does nc c/hece the rece:pt, grys co! possemon, or use of the nuclear meterial. Condition 7 - The licesee 5 Fell complete end submit on NRC Form 7f for each shipr ent of i source me:ero exported under this liceme. i i Condition 8 - The Icmsee sbcIl obise the NRC in the event there is cry chonge in the despo. [. tion of 6e company who 61! pockage the nuclect mo eret to be exported urster [ this licierse, or ony chonge in the locofion of the pockaging operotion, cr lec::s* { three =eeirs pror to the schedufed dote of export. - rI= 1 E 5 E Ef n 1 . : :.f-i~~'.~~-

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• Attn:

R. P. Keenan i I i : g ; n .TE.WE LI ATE CODGIGNIE IN P C REIGN COW 8(TRY QTHE R PAJRTiES T12 EXPO AT e U aur i 4 i ECE ITI o oness li Il 4 'i ..uc4=- s a te. Nc. PO-KR -25 lcovNT, c utt, irs oss iurion S r. ai r.

i 13 ouimv osseni. tion o, u Attaiat.s ce enciums el This license is #ed to increase the q

ce.ity of czterie: Esthorizef for expert H

frc:: 545.0 tilogrtz:s trantu>-235 con'.zined in 15,973.0 tfingre:s eranic: 1 enriebed to 2.72 cazimo to: .0 kilogrens eranium-235 contained in 16,223 kilo 5 recs arantua j enriched to 3.72 w/o cartor.:n All other conditions rzuin ecchtaged, i /////////////; //////////////////////////////////EC////////////////////////////////////////.q l i Licensee License Folder )G.0!PI,00E STCE DER. OES/ET/IN PDR ACC IE P5A,15A. DOE 1 3 OR00(Proco) W55,ss E 1 l Tw:S 1. ICE'r5E i$ INV A 'o t'at' ts! 5eC %13 8 E LOm il + +: Se

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.'.c. rdistxtvstEXPIRES 31 Dun-hcr 1C7 25xr,01045 sS. 'c ~ ne.emt no..sc " Eniten States of Anterica Nuchar Reguistory Commaission e,r

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=== puistory or asAramen f.citries hear b ow wtnecs to tre terms and co,csstens nt..no hn etprtwancions hervictory made by the ficausse, e liceeur a harmery issued LJCE NS EA ULTsu ATE CD ussGNE E IN P OnanGeo CQvCRy nie:thghase Electric Corporetion uus unfee Electrica 5. A. uAn ';;.s Office Cox 355 Capitan Aaya 53 Ptttshrrgi:. Penctylvanta 15230 ao: as F*.edrid 25. Spats Acentas ATT::: R.F. Keesa g [ Fuel for Jose tattern (Zerita) f sclear g esuer Flant] % sa.Trewoi.Ts cousicNet om romficm coVNTRY 07stm rwaT:ES To EXPosr, Distribution: uuc Licmsee G'roco, OR00 Licase file' .Becker, ELD y- - Licese issued folder j KCNE PDR State Dept. OES, NET, IM ioo.es. ACC I&E NM55, SGTE MS OIPI, 00E PMSA, ISA, DOE APPLICAET-S R E F. NO. M.T@,C.[5 COWTW" O F ULTshs ATI DES TIN A TIO*= $PAj$ OuaarTITY DESQinFTION 08 reATEmiALS OR PActLITIES This license is needed to tr. crease the quentity of ceterial authori:ed for uport i Fro : 550.C tilogrus eranium-235 comt:1nst in 1:e723.0 kilecrt:s urtr.tec cariched to 3J2 auxtern To: 1,191.C kiloeraas uranf am-35 centcited in 23.823 kilogre s seenits: e: riched to 3.72 w/o e,txfes: Thf s license is also aneeded to exted the er;frttion date frca 31 rur-Mr 1551 to 31 December 192 All other conditions rescata ur:chanmd. ' /////111//////f////lilllllllilllllllliffilllll/Eullff///ffll!/////lo ill/////11////////////<

• g 7%IS LICENSE E5 nri ALID UNLE.55 5'T.s tD SE LOW

.. te-ther see l'o.m se rer any rapst wrcer tw Scee..e shad be ammagned or a y AgTw0m21D N mC A E Pse E$IasT ATsyt v N 5theewrgy sensfected og y=3&gtaos W the prW*emons of t*w Atosissnac [nergy 4 sc of tur4..s ,wno.o no En.cgv a. pneet Aer.f 1974 Je--: 5. Cerir.a. f.:sistcr.t Iktmr i 'n s e*cew a we:s *o t'w e. sac at recasta, or coatros t>. Seetapa 108 of Ir# #1Wri tT' IItCN EIIO~ @ I* ) - e ate.c E aees Act of 1954. m emences e.e to.:t of rw oc'we orov-Of5cc Cf }r.t **.";ic9T,l I r!:*Fri I

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sea aC.7 us avCLEAn ato.stATcw r ccw. ::.:. ....m s, ic:s a iso APPLICATION FOR LICENSE TO EXPORT NUCLEAR MATERIAL AND EQUIPMENT (See ms.vi,ctions ani se mer h uCases na ArrucANrs j. cats on Accuc4Tro .. AneuCA=T s =rtaswca 2.mRC m.ooCasTse urt - January 11, 1980 BDW-80006 Use - U Wtuo/ W g //4 4/4 0 Y ! A SUPPU.ER*E Nmt.Amo Annet lRg YLU 1 ArcuCANr: Nme AND ADDRESS l RIS ZbR ocme wr e m.<-.as General Electric Co. - Attn: B. Wilson M/C 838 1

• Stat FT ADDmt ss a as Au t 175 Curtner Avenue Genen1 Electric Co.

5. CIT Y STATE ZtP CODE

e. STRE ET ADDRESS San Jose.

CA 95125 P. O. Box 780

s. T S.CF M ON6 NUM e t A (Aene Cxe - humoar - f a amsen, c CITY ETATE Z

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6. FIN AL $NLPMENT '7. APPLM* ANT 1 CC*tTRACTU AL 8. PROPOs[D uCEPEIE 9 Us. DEPARTMEW OF EEE SCsat DUL ED SCHEDULED DCLfvtRY DATE (XPtRATM2N DATE CONTA ACT NO. fe'twe February 1,1981 Feb. 1. 1986 February 28. 1981 Dec. 1.1987 DE-S C ' 5-70"r(Pil 5 to ULTIMATE CONSIGNE E l Stts

11. ULTIMATE EM) ust

(/8E4sdr Ae9F pr Ascs&*e

• amer Centrales Nucleares Del Norte S. A.

h Santa Maria De Garla Reloads

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{ans - 11 INTERMfDIATE END USE l . =Aus I Empresa t;acional Del Uranio S. A. (EhuSA) Asserely of fuel bundles beginning .. sva n e T.DD a e n in 1984 Santiago Rusinol,12

c. CITY - ST ATE - COUNT A f Madrid 3, Spain November 1983

,u esT o,rr o,,,,sT t.se is. surrRurD ATr co=ssoNer I as n is INT (4 MIDI ATE g.aC USE l l....._See attached sheet Import agent, frei;ht foraarders

t. STAEET ADDRESS

t. CsTY - 57 4 7 5 - C DividT a v

' 15e. EST. DATE OF FsdC* t'es 18

17. DE SC A IPTtDN tt GAAX. f L EMBET19. MAX. 20. M AK 12' NRC fonctuor w empr ys,cer w at w moor,y y,e oe,ae aes,e o*

'W% t%CTM % l uss ,.;,, =.,,,,, y u r m Lew enriched uranitsu oxide as powder 9 5,200 3.8 2,520 r or fabricated BWR fuel bundles. I I g l

22. CDUNTRY OF ORsGINL-l

22. COUNTRY OF OnsGsk-sau l

2t COuwTtits wHtCH ATTAce* i SOURCE MATE RIAL ftMERE ENAsCHED OR PRODUCED 1AFEEuARD5 (ir ranaat Canada USA as. ADoivic......:cwr.c.s s u,w-r.. .u a, ~~~

l 4 i-4 TTACK4EL~T TO M006 L 1. Ybarra Y Sr2 A1& W a h o',40. 6 Bilbao, Spair l 2. Ferrec Y Cia Almirante 5 Madrid ', Sp6 1 L 3. Gamf bas, SJ. Lagasca 27 i Ma d ri d, Spe 7 f f i i d i l i i k i I i i l I l I f

GEN ER AL $ ELECTRIC nuet:4. on. S YSTEMS DIYlSION OCAEML ELECT 7DC COMPANY.175 CURTNER AVE., SAN JOSE. CAUFORNE 95125 NUCLEAR POWER SYSTEMS MARKETING DEPARTMENT SAM JOSE, CALIFORRIA BDW81028 f S N th0 l March 24, 1981 Ms. Betty L. Wright International Programs, MNBB 8213 U.S. Nuclear Regulatory Commission 7735 Old Georgetown Road Bethesda, MD 20014

SUBJECT:

Applica tion Amendment - XSNM 1645

Dear Ms. Wright:

An application for NRC License No. XSNM 1645 was filed by General Electric on January 11, 1980 and is currently pending review in the Executive Branch. The application names Empresa Nacional Del Uranio S.A. (ENUSA), in Spain, as a requested intermediate consignee. The EduSA fuel f abrication facility, however, is not yet available. In the interest of simplifying further processing of this application. therefore, General Electric hereby amends its application for the subject license by withdrawing the request for author 1 ration of j ENUSA as an intermediate consignee at this time. i Very truly yours, t G M 5-E . D. Wilson, Manager j$ h Government Relations and ~ e-Export Licensing ?E E_.i E f MC 873 - (8)425-1380 g g /k G f^ 3 \\ r') u e Y,j-]t 1 {DM,,

1 ) APPENDIX D j I' (

1

.1 w A ? .s (s n)r* 00 N .... _ ~. _ .n. .s. ar .. = 70 - 2 M( l BUREAU OF OCEANS AND INTERNATIONAL 6M* ENVIRONMENTAL AND SCIENTIFIC AFFAIRS 14 MAY 1981 Mr. James R. Shea a Director of International Programs ~~ ~ i United States Nuclear Regulatory Commission Bethesda, Maryland

Dear Mr. Shea:

1 ' Ibis letter is in response to the letters from your office dated Septem'>er 20,1979 and May 5,1980, requesting Executive Branch views as to whether amendnments of an export license in accordance with the applications hereinafter described would be inimical to the common defense and security of the United States and whether the proposed export meets the appliemble criteria of the Atomic Energy Act of 1954, as amended by the Nuclear Non-Proliferation Act of1978: NRC No. XSNM00844 - Applications by Westinghouse Electric Corporation for amendments to license XSNM00844 te extend the ex;piration date from June 1,1980 to Dece.v.ber 31,1981 and to increase the amount of nuclear mate-ial authorized for export to Spain by 89 kilograms of U-235 contained in 2,774 kilogram, of ursonium enriched to 3.2 percent. This low enriched uranium is intended for the rnanufacture of spare fuel assemblies to replace ~ those which may arrive damaged at the site of the Almaraz Noelear Power Plant. 'Ibe proposed export would take place pursuant to the Agreement for Cooperation Between the United States and Spain as confirmed in a letter from the Embassy of Spain, a coisy of which is enclosed. Qain has adhered to the provisions of its Agreement for Cooperation with tr.e United States. "Ibe Executive Branch has reviewed the applications and concluded tr.at the rec;uirements of the Atomic Energy Act, as amended by the Nuclear Non-Proliferation Act of 1978, have been met and that the proposed export will r>ot be inimical to the common defense and security of the United States. A z detaIIed analysis for Spain was submitted for NRC application No. XSNM0;477 ) on September 19, 1979. There has been no material change in circumstar.ees 1 since that submission other than the developments relating to the application of IAEA safeguards to all Spanish activities. As reported in my letter of May 11,1981, the Spish Government has ' informed the Department of State that all necessary legal steps have been take., to bring the IAEA-Spain Safeguards Agreement into force to cover t.N>se facilities not previously under IAEA safeguards. The Spanish Embassy has a.lso provided separate essurances, copy enclosed, with res;>ect to the proped license amendments, that all nuclear activities in Sasin are under IAEA safeguards and in the unlikely event that situation should chtnge, while any ship'nents under the proposed amendments were pending. the Governmen of Spain would consult with the U.S. Government 90 days in advance. h

1 a L tars coNiecTcut avt, ww.-ro EmSHMGTON, DC acos tot c202) 3324ces EMBASSY OF SPAIN WASHINGTON M* 364a acusTRY AND ENE%Y OmCE May 11,1981 Dr. John Boright, Acting Deputy Assistant Secretary Bureau of Oceans and International Environmental and Scientific Affairs 'J.S. Department of State washington, D. c. 20520 Re: IshH0844 - JLaendments 3, 3a and 4 Dear Dr. Ibrights In add.ition to the assurances provided regarding the above mentioned emerxbent revaests, I an pleased to note that all nuclear activities in Spain as indicated in the Note verbale i of the Spaniah Covernment of March 8, 1980 are subject to IAEA Sa.feguards. In the unlikely evemt that this situation is to change during the time the proposed shipeents covered by the subject applications are pending, the Goverru:,ent of Spain will consut with the Government of the Dmited States 90 days in advance. Sincerely, / r i German Dominguez, Ph.D. Industry and Energy Attach 6 9 cpy: Mr. Vance B. Rudgins, DOE Y _ _ _ _ _ _ _ - _ _ - _ - _ - _ _ _. - - - - _ - - - - _ - - - ~

V. r -- Q 4 e _l 1875 CO6aEECTCUT AVE NW-FC WASHno3TCri. D.C. 20000 i 1st (230 3224350 s EMBASSY OF SPAIN-578 WASHINGTON R*f *- WDUSTM AND ENERGY OFFG Novesnber 5,1979 Mr. Vance H. Hudgins Director, Division of Politico-j i Military Security Affairs l U. 5. Department of Energy l Vashington, D. C. 20585 Re:, XSTiM-8%, Amendment No. 03a XSNM-861, Amendment No. 02a XSNM-865, Amendment No. 02 XSNM-866, Amendment No. 02

Dear Mr. Hudgins:

In response to your letter of October 11 regarding the above mentioned export Ilcense amendments, I as pleased to inform you that confirmation has been received from the Spanish Junta de Energfa Nuclear about the following particulars: a) The transfer of the material, as identified on the license application, will be subject to the terms and conditions of the current Agreement l for Cooperation concerning civil uses of atomic energy between the Unite i States and Spain. b) The ultimate consignees, as identified on the applications, are autho-rized by the Spanish Government to recieve and possess the material. l Yours sincerely. ~ Geraen Dominguez, Ph.0. Industry and Energy Attachs

a........ -- -.

e..

.s

imi:- ..T@J I ILS-070 Westinghouse WaterReactor em werectkm Beetric Corporation DMslogs " *'p*=mrsm uno 7

• May 14, 1981 l

i Ms. B. L. Wright I D. port /Iraport and International Safeguards U. S. Nuclear Regulatory Cocrnission k'ashington, D. C. 20555

Dear Ms. Wright:

Subject:

Revised Export License Expiration Dates /Spata Confir.afng our Telecen May 13. 1981 Please extend as follows: ISNM-1045 12/31/87 ISfN-844 12/31/84 15tN-861 12/31/85 I5!N-865 12/31/84 15FN-866 12/31/B4 IB-870 12/31/83 IB-790 12/31/84 r,, I-37-809 12/31/86 ? IB-869 12/31/85 r ::

• d

5. -

~

c -. Sincerely yours, g, p, E il v. -k l U K. H. Hers I International Business Develop ent I' I'9 ,e ff" Q I

Tf.i!gylT ) 'N. Ne t" ' $ 3 f,* DEPA8t TM ENT OF STATE c... O r. ~

• )( SO trl-%

B"REAU OF OCEANS ANd IllTERNATIONAL ENVIRO!tMENTAL AND SCIENTIFIC AFFAIRS g., y g May 8, 1,978 $ - [9 g MEMORANDUM FOR JAMES R. SEEA NDCLEAR REGULA'IORY COMMISSION Ene,losed is an Executive Branch analysis covering two license applications for the export of low-enriched uranium to Spain. In accordance with P.L. 95-242, the analysis explicitly addresses how the requirements of. Section 126 a. (1) of the Atomic Energy Act are met, in-cluding the specific criteria of Sections 127 and 128, as well as certain additional factors, envisaged by Section 126 a. (1). The Executive Branch, on the basis of its review cf these cases, has concluded that the requirements of the Atomic Energy Act and P.L. 95-242 have been met and that tha proposed exports would not be inimical to the conwn defense and security of the United States.

Moreover, Spain has adhered to the provisions of its Agreement for Cooperation with the United States.

Therefore the Execu-tive Branch recor=: ends issuance of the requested export licenses. Muis V. 1psenzo Deputy Assistant Secretary

Enclosure:

As stated. '.'s .:.;c 73 !"J ') F:; i .7.' . ;i: r:;.i .. J..UnF nt; 9' S

.~. w ,.n..,._.,. '~- -- * *'-~~ - = v -Aq:7Q EXPORT LICENSE APPLICATION ANALYSES Ultimate Consignee State: Spain Type of Material: Low-Enriched Uranium Application Nunbers: A. XSNM - 1147 'B XSNM - 844 (Amendment) d 1 e 1 e w w w-- e, ,,,r ,r,--- r-- ,--ar-,-w,m-a e aw-o.- w wm-g-sm=v ~~s~=-ww

1 B. XSNM-844 Amendment Transaction: Amendment of Export License Number XSNM-844 for an additional 2,068 kilograms of U-235 contained in 64,610 kilograms of uranium enriched to,a maximum of 3.20 percent U-235 conte'nt partly in the form of fuel rods and partly as 002 powder Applicant: Westinghouse Electric Company Applicant's

Reference:

WP-41190-At 8, Unites 1 and 2 Date of Application: November 2,1977, amendment. Purpose of the Export This supply of enriched uranium in the form of fuel assemblies will be used in two fuel reloads for Almaraz 16. 1 1 Nuclear Power Plant and in one reload for Almaraz No. 2 i Nuclear Power Plant. These plants will be used to generate electricity for the area near the town of Almaraz, located i 165 miles southwest of Madrid. Almaraz 1 and 2 are pressurized water reactors with a net design output of 901.6 megawatts electric and 2,696 megawatts thermal each. The plants are owned and operated by three utility local companies, -- Compania Sevillana Electricidad, Hidroelectricia Espanola SA and Union Elec-tricia SA. Y e

'. - 2 47 .. g I i bIh.Ne 1575 CM*dOCJT AVE. N'.".

• 1020

' N, N I WAseCitN D C 203C9 18 t232 332 9MO EMBASSY OF SPAIN WASmNGTON & No- 01Is trOJSTRY AND ENERG# WFICE January 25, 1978 Mr. Vance H. Hudgins Assistant Director for Politico-Military Security Af fairs Division of international Security Affairs ~. ,U. 5. Depart:ent of Energy 20 Massachusetts Avenue Vashington, D.C. 20545 ^ Dcar Y.r. Hudcins: I-In accordance with your letter of Cecember 5,1977 resarding tFe authorization requested by Vestinghouse to increase tN cuantity 1 o# caterial authorized for export for the Almoraz 1 and 2 nu: lear genera ting pur-stat ions in Spain, under Licence X5NM-84*- (5-198), I am pleased to inform you that the Spanish Jun:a'Je Energia Nuctear has determined that the transfer of the additional 2,060 kilograms of U-235 contained in 64,610 kitograms of uranium, is covered by the clauses and conditions of the Agree.,.ent for Nuclear Cooperation between the thited States and Spain, and the corresponding Spanish Safeguards Agreement wi th the U.S. and the I AEA. Furthercore, we wish to confirm tha '.e n t ra l Nuclea r de A t ma ra z, a s f i na l cons i gnee, is authorized to receive and possess the snaterial. Sincerely yours, ( 6 I Nh v s / Martin Gallego Industry and Energ, Coeselor 1 l

) 1 SPAIN -- EXPORT LICENSE APPLICATIOl; AELYSIS i 1. Applicable Agreement for i ooperation The proposed export is subject to all of the terms and conditions of the Agreement for Cooperation between the Government of the United States of America and the Govern-ment of Spain concerning Civil Uses of Atomic Energy, which i entered into force on June 28, 1974. Spain has adhered to all provisions of its agreement with the United States. a O I a S e 0

= 2. Extent to Which Export Criteria Are Met l A. Section 127 Criteria As provided in Section 127 of the Atomic Energy Act, the following criteria govern exports for peaceful nu-clear uses from the United States of source material, special nuclear material, production or utilization facili-ties, 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, to any such material or f acilities previously evrted ami subject to the ap-plicable Agreement for Croperation, and to any special nu-e clear material used in or produced through the use thereof." 1 This enriched uranium and any special nuclear material generated therefrom is subject to safeguards under the tri-lateral Agreement between the U.S., Spain and the IAEA on the Application of Safeguards by the IAEA to the United States-Spain Cooperation Agreement, which entered into force December 9, 1966. Under the latter bilateral agreement, U.S. safeguards rights are suspended during the time and to the j extent that the U.S. agrees that the need to exercise such rights is satisfied by the trilateral agreement. IAEA safe-guards also are applied to any material or facilities pre-viously exported and to any material used in or produced through the use thereof under this bilateral Agreement. There-fore, it is tne Executive Branch view that criterion (1) is met. I J i

Criterion (2) "No such material, facilities, or sensitive nuclear technology proposed to be exported or previously exported and subject to the applicable Agreement for Cooperatidn, and no special nuclear material produced through the use l of such materials, f acilities, or sensitive nuclear tech-nology, will be used for any nuclear explosive device or for research on or development' of any nuclear explosive device." The Government of Spaia has accepted our note related to the Agreement for Cooperation signed on March 20, 1974 and in its response of April 13, 1977 has agreed that in connection with this agreement and the related trilateral safeguards agreement it is understood that U.S. -supplied materials, equipment, devices, and special nuclear material generated therefrom will not be used for any nuclear ex-l plosive device, regardless of hcw the device itself is in-tended to be used and that the safeguards provided under the trilateral agreement will verify that such material is not so used. Therefore, it is the Executive Branch view that cri-terion (2) is met. I I e l l i t

I criterion.(3) " Adequate physical security measures will be main-tained with respect to such material or f acilities proposed to be exported and to any special nuclear material used in or produced through the use thereof. Following the ef-fective date of any regulations promulgated by the Conrnission pursuant to Section 304(d), of the Nuclear Non-Proliferation Act of 1978, physical securitp measures shall be deemed adequate if such measures provide a level of protection equivalent to that required by the applicable regulations.* The Conunission has not, as yet, promulgated new regu-lations pursuant to Section 304 (d) of P.L. 95-242. The Executive Branch has assessed the physical security measures maintained in Spain with respect to nuclear material and facilities and determined that they are adequate for the material covered by these license applications. Therefore, it is the view of the Executive Branch that criterion (3) is met. \\ 4

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4 i i ~ i criterion (4) "lio such materials, f acilities, or sensitive nuclear technology proposed to be exported, and no special nuclear i material produced through the use of such material, will be retransferred to the jurisdiction of any other nation or group of nations unless the prior approval of the United States is obtained for such retransfer. In addition to i other requirements of law, the United States may approve such retransfer only if the nation or group of nations designated j to receive such retransfer agrees that it shall be subject l to the conditions required by this section." l Article X (3) of the 1974 U.S. - Spain Agreement for Cooperation provides that: '"tio material, including equi 9-ment and devices, transferred to the Government of Spain er to authorized persons under its jurisdiction pursuant to this Agreement or the superseded Agreement will be transferred i to unauthorized persons or beyond the jurisdiction of the j Government of Spain except as the Commission may agree to such a transfer to the jurisdiction of another nation or group of nations, and then only if, in the opinion of the Commission, the transfer is within the scope of an Agree-for Cooperation between the Government of the United ment States of America and the other nation or group of nations." Article XI B. provides, inter alia, that: "B. i the Government of the United States of Arerica, notwith-standing any other provisions of this Agreement shall have the following rights: "(2) With respect to any source or special nuclear material made available to the Government of Spain or any person under its jurisdiction by the Government of the United States of America or any person under its juris-diction and any source or special nuclear material utilized in, recovered f ron, or produced, as a result of the use of any of the following materials, equipment, or devices so made available: " (a) source material, special nuclear material, modera-tor material, or other material designated by the Commission," "(ii) to require that any such material in the custody of the Government of Spain or any person under its juris-diction be subject to all of the safeguards provided for in this Article and the guaranties set forth in Article X;" t ,n-.

t L These articles give the U.S. an unqualified approval right over the retransfer of material' from Spain supplied by the U.S. or produced through the use of such r.ateria1*and allow retransfers only if it is determined to be within the scope of an agreement for cooperation with the recipient i country. This right would apply to irradiated fuel be-cause it contains U.S.-supplied material. Therefore, it is the Executive Branch view that, as the U.S. has the right of prior approval over retransfer of U.S.-supplied material and material produced through the use of U.S. material, criterion (4) is met. i l i I i I l a IP staff notes that this provision is explicitly covered in Article VIllE of the Agreement. 4

i ~ ) i l Criterion (5) "No such material proposed to be exported and no special nuclear material produced through the use of such I zwaterial will be reprocessed, and no irradiated fuel ele-unents 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 al-teration. " ~~ Article VIII C. of the U.S. - Spain Agreement for Co-ooeration provides that: "When any special nuclear material received from the United States of America pursuant to this Agreement or to the superseded Agreement requires re-proces sing, or any irradiated fuel elements containing fuel i material received from the United States of America pursuant to this Agreement or to the superseded Agreement are to be removed from a reactor and are to be altered in form or conten t, such reprocessing or alteration may be performed in facilities acceptable to both parties upon a joint de-termination that the provisions of Article XI may be effectively applied. " As no joint determination under Article VIII C. can be made without the agreement of the United States, and since the facilities to be used must be acceptable to the U.S. as one of the Parties, it is the view of the Executive Branch that criterion (5) is met. 6 l 1 i e I

4 1 Criterion (6) "No such sensitive nuclear tecL:: ology shall be ex-ported unless the foregoing conditices shall be applied to any nuclear material or equipment which is produced or con-structed 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 invclve sensitive nuclear technology. Criterion (6) is, there' ore, not applicable. l s I f e 0 i

4 j .~ B. Section 128 Criterion ~ Section 128 a. (1) of the Atomic Energy Act establishes the following additional criterion: "As a condition of continued United States export of source material, special-nuclear material, production or utilization facilities, and any sensitive nuclear technology to non ;.uclear-weapon states, no such export shall be made unless IAEA scfeguards are maintained with respect to all peaceful nuclear activi-i ties in, under the jurisdiction of, or carried out under the control of such state at the time of the export." .I It should be noted that this criterion only applies to exports to take ple.ce af ter March 10, 1980 or pursuant to an application submitted af ter September 10, 1979. We anticipate that this export will occur before March 10, 1980. 1

3. Additional Factors A. Safeguards Implementation -- Significant infor-nation the Executive Branch possesses bearing on the ef fectiveness of implementation of IAEA safe-guards in Spain, including any such information on steps being taken to correct any identified deficiencies in the application of IAEA safeguards in that country. The IAEA Secretariat has concluded in its Special Safe-I' guards Implementation Report that with regard to nuclear material subject to IAEA safeguards, while sone deficiencies exist in the system, "in none of the 41' states in which in-I spections were carried out was there any diversion of a significant quantity of nuclear material". Although recog-nizing the need to correct existing deficiencies in safe-guards implementation, the Executive Branch has no reason j to believe that the IAEA Secretariat's conclusion is not a i valid one with specific regard to nuclear material subject to the U.S.-IAEA Agreement for Cooperation. In the light of this and other factors associated with the proposed ex-port, the Executive Branch believes the framework of com-mitments, assurances, and safeguards is adequate for the purposes of this export. The Spanish currently have one reactor, Vandellos I, not under IAEA safeguards. In response to our incuiry last year, the French have stated that this reactor, which is a joint Spanish/ French project, is under prench bilateral safeguards. In addition, the arrangement is such that all f uel from the reacter is returned to France f or reprocessing. with resulting recovered plutonium retained in France. We have recently initiated discussic..s with the Spanish Government concerning renegotiation of the US-Spain Agree-ment f or Cooperation. A key elenent of this renegotiation is the requirement of the Nuclear Non-Proliferation Act of 1978 (P.L. 95-242) to seek universal ::PT adherence and, as a minimum, to require that U.S. recipients have all of their I nuclear activities :nder IAEA safeguards 24 months af ter enactment (March 10, 1980) as a condition of U.S. supply. j This full-scope safeguards requirement of r.S. legis-lation was extensively discussed with the Spanish authorities who expressed no difficulty in principle with the idea of j l

+. _ n nV - ~.m qp'5w. A'r"'- ' ' - - * - - ~~ * ~. - s ~ w

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f applying IAEA safeguards to the Vandellos reactor project and said that they would look into the matter. We expect to further pursue Spanish acceptance of full-scope safe-guards and other upgrading of our existing agreement for cooperation under the renegotiations called for in section 404 (a) of P.L. 95-242 in discussions tentatively scheduled for mid-1978. e 1 i

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I B. Special Non-Proliferation and Other Foreign Policy j Considerations None. e

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4. Inicicality Ud c=ent Based on reriew of the proposed exports, it is the judgment of the Execu ive Branch that the proposed export will not be inimi:a1 to the ecm: mon defense and security, and that the lice:se ext the acendrent should be issued. 1 i i e I I l 4 m

. ~ f 2-On the basis of the foregois the Tsecutive Branch recommends that the license be ameru!ed as requested. Si

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t John P. Boright l Acting Deputy Assistant Secretary i Enckxrures: Assurance letters i l ...e ,.e, + 1 O y-c. , *

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.n t E.et, l t A "E75 CONNECTCUT Av!L. WW-f1:23 WASHINGTCN. D.C. 2:009 Tel (202) 332-9 63 EL' BASSY OF SPAIN WASHINGTON Ret No INDUSTRY AND ENERGY OFFICE l I May 11, 1981 l t Dr. John Boright Acting Deputy Assistant Secretary Bureau of Oceans and International Environmental and Scientific Affairs U. S. Department of State Washington, D. c. 20520 Re: XSht01045, A:endments 1 and 2a

Dear Dr. Ibright:

In addition to the assurances provided regarding the above mentioned a=endment requests, I en pleased to note that all nuclear activities in Spain as indicated in the N:>te Verbale of the Spanish Covern=ent of V. arch 8,1980 are subject.to IAEA Safeguards. In the unlikely event that this situation is to change during the t.ime the proposed ship:ents covered by the subject applications are pending, the C4vern=ent of Spain will consult with the Govern =ent of the United States 90 days in advance. Sincerely, h Ger=an Do ingue2, Ph.D. Industry and Energy Attach 4,- cpy: P.r. Vance H. Hudgins, DOE ,.....,g, i i 9

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i;;' 'f ', b's I'Ti. 1875 COwECTCUT AVE. t..*.'- **::20 q ' ! gy, t, WGHNGTON. D C 24009 lle (702) 332-9360 El.' BASSY OF SPAIN WASHINGTON Ref.No k97 "JDUSTRY Af4D ENERGY OFFK'E i September 27, 1979 [ Mr. Vance H. Hudgins International Security Af fairs Department of Energy Vashington, D. C. 20545 Re :X5NPs-lCAS - Amend,. ee-

Dear Mr. Hudgins:

In response to your letter of September 24, regarding Vestinghouse Electric Corporation's request of August 16 to amend License X5NM-1045, I am pleased to inform you that confirmation has been received f rom the Spanish Junta de Energia Nuclear about the fc!!owing par-ticulars: a) The transfer of the inaterial, as identified on the applicati>n, will be subject to all the terms and conditions of the current Agreement for Cooperation concerning civil uses of atomic ener-gy between the United States and Spain; b) The ultimate censignee, as ident-fled on the License application, is authorized by the Spanish Gove rnmen t to receive and possess the material. E'

rely,

.s .w - T MW w.. German Dominguez, Ph. D. Industry a.d Energy Attac4 PsS.. Please note that Martin Gallego is no longer wit-this Of fice. ^Than kyo'u. x 4 yh//ohgh_ / s

s. - ~. ,I DEPARTMENT OF STATE

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~.- v BUREAU OF OCEANS AND INTERNATIOfA10 ENVIRONMENTAL AND SCIENTPIld' AFFAIRS

x 11 MAY 198}

X / M Mr. James R. Shea Director of International Programs United States Nuclear Regulatory Commission Bethesda, Maryland

Dear Mr. Shea:

Dis letter is in response to the letter from your office dated January 22, 1980, requesting Executive Branch views as to whecer kcunce of an export license in accordance with the application hereinafter described wouki be inimical to the common defense and security of the Enited States and whether the proposed export meets the applicable criteria of te Atomic Energy Act of 1954, as amended by the Nuclear Non-Proliferation Act of 1978: NRC No. ISNM01645 - Application by General Electric to authorize export to Spain of 2,520 kilograms o' U-235 contained in 95,000 kilograms of uranium enriched to 3.b percent. This low enriched uranium in the form of fuel assembiks is intended for 6 reloads of the Santa Maria de Garona (Nucient) Nuclear Power Plant. 1 The proposed export would take place pursuait to the Agreement for l Cooperation Between the United States and Spain as confirmed ir. a letter l from the Embassy of Spain, a copy of which is enekned. Spain has adhered to l the provisions of its Agreement for Cooperation witt the United States. The Executive Branch has reviewed the application and concluded that the re<pirements of the Atomic Energy Act, as ameaded by the Nuclear Non-Proliferation Act of 1978, have been met and that the pecposed export wiII not be inimical to the common defense and security of the United States. A detailed analysis for Spain was submitted for NRC application No. XSNM01477 on September 19, 1979. 'Ihere has been no materlat change in circumstances ] since that submission other than the developments relating to the application of safeguards to all Spanish facilities. A copy of as assizrance letter froma the Embassy of Spain confirming that all nuclear activmes in Srain are subject to IAEA safeguards is enclosed. bb.

w. 2-On the basis of the foregoing, the Executive Branch recommends that the Ucense be issued. Early action on this request is requested as General Electric hopes to be able to ship the first reload under this appUcation together with the material covered by the application to amend IIcense XSNM00271 now under review by the NRC. O Sin 4 y s n / N t V I John P. Boright Acting Deputy Assistant Secretary

Enclosures:

Assarance letters i

e tars comecncui Avt, wur-reg WAteCTON DA 20500 14 oca 332*no EMBASSY OF SPAIN WASHPGTON M. No. 331 a INDUSTM AND ENEAGY OFFQ May 11, 1981 1 Dr. John Boright Acting Deputy Assistant Secretary Bureau of Oceans and Intemational Environmental and $cientific Affairs U. S. Department of State ? Washington, D.C. 20520 I fle: XSNH00271 - Amendment C6 l XSRH01645 Dear Dr. Boright in addition to the assursaces provides regarding the above mentioned export license applications, I. are pleased to note that all nucl ear activities in Spain as indicated in the Note Verbale of the Spanish Government of March 8,1980 are subject :o IAEA Safepards.' In the unlikely event that this situatloc is to change during the time the ) proposed shipments covered by the subject applications are pendins. the Governcent of Spain will consult 'with the Govern:ner: of the lhtted States 90 days in advance. Sincerely, t Germin Dominguez, Ph.D. Industry and Energy Attachi

w. copy:ttr. Vance H. Hudgies, DOE I

l c. s-t875 CONee6CTICUT mE, NW-PSEED wASHeeGToet 0.C. 20008 Tet (300 m H omo EMBASSY OF SPAS 4 WASHINGTON Asf. k 252 i aCUSTRY AND BeFAGY OFRCE AprII 3,1980 t Mr. Wance H. Hudgins Director, Division of Politico-Military Security Affairs U. S. Department of Energy (5r-066) Vashington, D. C. 20585 / Re: X5NM-164 and X5NM-16*.5 j

Dear nr. Hudgins:

I I In response to your letter of February 14, regarding the above mentioned export license applications, I am pleased to inform + you that confirmation has been received f rom the Spanish Junta l de Emergia Nuclear about the follwing particulars: 1 The transfer of the material, as identified on the license i 4. applications, will be subject to all the terms and condi-tions of the current Agreement for Cooperation concerning l Civil Uses of Atomic Energy between the thited States and Spain. f b. The Intermediate and ultimate consignees, as identified on the applications, are authorized by the Spanish Governmost to receive and possess the meterial. S inc erely. r N s-w German Dominguer, Ph.D. Industry and Energy Attache

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e 1 l I i l 1 i l l APPENDIX E l 1 l \\ l l 1 1 1 e

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y ;F ' O */ '"g UmTED STATES 8 NUCLEAR REGULATCRY COestSSION .1 -,,ovo... - JlR 1 % BSI Mr. John P. Boright / Acting Deputy Assistant Secretary f for Nuclear Energy and Energy / Technology Affairs U. S. Department of State Washington, D.C. 20520

Dear Mr. Boright:

I refer to your letter of May 11, 1981, which forwarded assurar>ces from the Government of Spain that all nuclear activities in Spain currently are munder IAEA Safeguards, and, should that situation change, the Government of Spata would consult with the U.S. Government 90 days in advance.

r. the event the U.S. is notified of a change in situation which affects IAEA full-scope safeguards in Spain, it is requested that the Department promptly inform the P.RC.

With respect to recently approved exports to Spais and to applications for saterial to Spain currently under Commission review therchas been some confusion with regard to the license and amendrierrt numbers noted in the Spanism letters of assurance. Conveission review of these cases has been on the under-standing that the numbers referenced in the Spanish assurance letters correspond to the following quantities: 1. _ Letter dated May 11, 1981 from the Embassy of Spain (Ref. No. 332a) re: XSNM01045, Amendments 1 and la. ISNM01045, Amendment No. la covers an additional 17,600 kilograms of uranf asn, i enriched to 3.72%, containing 635 kilograms of U-235. This request was approved by the Comission on May 22, 1981 and is now referred to as NRC License No. X5NM01045, Amendment No. 2. X5201045, Amendment No. I covers an additional 71,803.56 kilograms of uranium, enriched to 3.72%, containing 2,513.123 kilograms of U-235. This request is currently under Commission review. If approved, the quantity will be authorized for export by MRC License 2. IS3c101045, Amendment No. 3. 2. _ Letter dated May 11, 1981 from the Eribassy of Spain (Ref. No. 331a) re: XSNM0271, Amendment No. 06 and ISNM01645. XSNM0271, Amendment No. 06 covers an additional 11,500 kilograms of wrastume, { enriched to 4.0%, containing 170 kilograss of U-235. This quantity of material was authorized for export by NRC License k. ISNM0271, Amen &neet 26. 06. / \\. 0 k \\. OC.ST O-

~ e g,,. i f Mr. John P. Boright' 2 i ISNM01645 covers 95,000 kilograms tf uranium, eriched to_3.81, containing 2,520 kilograms of U-235. This request is curretly under Commission 1 review and if approved, the amount will be antharized by MRC License No. ISNM01645. 3. Letter dated May 11, 1981 for the Embassy of Spain (Ref. No. 364a) re: X5hdQ644 Amendments 3, 3a, and 4. l ISNM0844 Amendment No. 3 covers an additional 64,610 kilograms of uranium, enriched to 3.201, containing 2,068 kilograms of U-235. X5NM0844, Amendment No. 3a covers an addittomal 2,774 kilograms of uranium, enriched to 3.20%, containing 89 kilograms of' UDS. ISNM0844 Amendment No. 4 would extend the expiration date. The foregoing three amendment requests, which are under Commission review, cover an additional 67,384 kilograms of uramfus, enriched to 3.201, containing 2,157 kilograms of U-235. If approved, this quantity, along with extension of expiration date, will be authorized by NRC License No. i 15NM0844, Amendment No. 03. We would appreciate it if you would inform the Edassy of Spain of our under-standing with respect to the references in the Spanish letters of assurance. With respect to future assurances obtained from the Embassy, it would be helpful if they referred to the specific quantities shown on the application. S incerely. - 0-me. A 1 bes R. Shea Director Office of International Programs i i l i i >l 4e-e u+-+ ~ '}}