ML20148U293
| ML20148U293 | |
| Person / Time | |
|---|---|
| Issue date: | 11/16/1978 |
| From: | James Shea NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP) |
| To: | |
| Shared Package | |
| ML20148U289 | List: |
| References | |
| SECY-78-593, NUDOCS 7812060373 | |
| Download: ML20148U293 (33) | |
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November 16, 1978 SECY-78-593 COMMISSIONER ACTION For:
The Commissioners From:
James R. Shea, Director Office of International Programs M
Thru:
Executive Director for Operations
Subject:
PROPOSED LICENSE TO EXPORT LOW-ENRICHED URANIUM -
TO THE REPUBLIC 0F CHINA (APPLICATION XSNM-1279)
Purpose:
Commission review of proposed issuance of subject license to Transnuclear Incorporated.
Discussion:
In February 1978, Transnuclear Incorporated applied for a license to export 31.84 kilograms of uranium, enriched to 19.2% U-235 to the Republic of China (ROC). The material,in the form of UF6, will be converted to a uranyl sulfate solution by the Institute of Nuclear Energy Research in the ROC for use as fuel in a 0.1 MWt water boiler type reactor (WBR).
This reactor is located at the Institute and requires a core loading of 21.05 kilograms of uranium. The material covered by this application is sufficient' for i
one and one-half cores.
In a June 28, 1978 memorandum (Appendix D),the Executive Branch concluded that the ROC is providing adequate physical security for its nuclear program, including a level of protection comparable with that envisioned by IAEA/INFCIRC/225, Rev. 1.
Based upon the staff's assessment of information obtained through visits, reviews, and exchanges, and upon information provided by the Executive Branch, the physical security program in the ROC is considered adequate to protect the material covered under the proposed license.
- However, the written assurance (required by 10 CFR 110.43(b))
has not been obtained from the government of the R0C.
Contact:
G.G.Oplinger(492-7366)
J. Dunn Lee (492-7984) 7813060373
1:
b Discucsion:'
Pending receipt of the additional written assurance,
- (continued)-
the staff will issue an exemption from this require-ment, as discussed in SECY-78-291 and 78-386, if the Commission approves issuance of this license.
The staff notes that the material will be s'ubject to all terms and conditions of the AgreementLfor Coopera-tion between the US and the ROC. As a result of.the ROC's expulsion in December 1971 from the IAEA, an -
NPT safeguards agreement was-never concluded between the IAEA and the ROC.
However, IAEA safeguards" essentially comparable to those required'under the NPT are in effect under a trilateral US-IAEA-ROC. safeguards.
agreement, with the US having residual rights should the IAEA safeguards ever-be terminated.
The staff has requested additional information from the
' Executive Branch on the status'of. facility attachments
- in the ROC (including the WBR reactor) and this.infor-mation will be forwarded to the Commission upon receipt.
The staff has reviewed this case in light of the issues l
raised in SECY-78-520 (classified) and 78-548(classified) now pending Commission approval, and in light of the i
recent State Department briefing on'the ROC's nuclear program.
Based upon its independent analysis-and' review of the Executive Branch submission (Appendix B)'and current ROC nuclear activities, the staff has concluded that.the ROC currently meets all applicable statutory requirements of the NNPA for issuance of this license.
The proposed export has been delayed beyond (1) the l
60 day period which expired on August 8 due to the i
need to obtain additional information from the State Department concerning the ROC's nuclear power and.
research programs and, (2) the 120 day period which expired on October 7 because of difficulties in obtain-ing. accurate information on facility attachments;u State is currently addressing our. request for this information as noted above.
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. Discussion:
The following documents are forwarded for Commission (continued) review of the subject application (1) staff review and conclusion that the proposed export meets statutory m
requriements (Appendix A); (2) Executive Branch views of June 6, 1978 recommending issuance (Appendix B);
3)applicationofFebruary 17, 1978 (Appendix C);
- 4) State De 20, 1978 Appendix D)partment memorandum of June; and (5) copy Appendix E).
Recommendation:
That the proposed license be issued to Transnuclear, Incorporated.
Coordination:
0 ELD has no legal objection.
NMSS wishes to inform the Commission that it has not received country-specific information which permits it to make an independent conclusion as to the effectiveness of IAEA material control and accounting safeguards to deter and detect diversion in the R0C. With respect to physical security, NMSS has reviewed the program in the ROC and found it adequate for the purpose of the export.
k, kx c__n Ja ps R. Shea, Director Office of International Programs
Enclosures:
As stated above NOTE:
Commissioner coments should be provided directly to the Office of the Secretary, by c.o.b.
Tuesdav. November 28. 1978 Commissioner staff office comments, if any, should be submitted to the Commissioners NLTNovember 24, 1978-
, with an information copy to the Office of the Secretary.
If the paper is of such a nature that it requries additional time for analytical review and comment, the Comissioners and the Secretariat should be apprised of when comments may be expected.
l DISTRIBUTION Commissioners Commission Staff Offices Exec Dir fer Operations Secretariat 1
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i APPENDIX A
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4 UNITED STATES
[". '
NUCLEAR REGULATORY COMMISSION.
WASHINGTON, D. C. 20656 f
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OCT 6 1578 -
MEMORANDUM TO THE FILE STAFF CONCLUSIONS REGARDING PROPOSED LICENSE TO EXPORT LOW-ENRICHED URANIUM TO.THE REPUBLIC 0F. CHINA (APPLICATION XSNM-1279)
In February 1978, Transnuclear Incorponted applied for a license to export 31.84 kilograms.of uranium, enriched to 19.2% U-235 to the Republic of. China (ROC). The material in the form of UF6, will be converted to a uranyl sulfate solution by the Institute of Nuclear Energy Research in the ROC for-use as fuelzin a 0.1 MWt water boiler type reactor. This reactor is located at the Institute and requires a core loading of-21.05 kilograms of uranium.
The material covered by this application is sufficient for one~ and one-half Cores.
In response to our February 28, 1978 request for views, the' Executive. Branch has (1) concluded that issuance of the proposed. license would not be inimical to the common defense and security; (2) confirmed that-the material will'be subject to all the terms and conditions of the Agreement for Cooperation between the United States and the Republic of China, and (3) confirmed that the Republic of China has adhered to the provisions of its Agreement for Cooperation.
These views and license application analysis by the Executive Branch were forwarded by the State Department memorandum of June 6, 1978.
Confirmation of the applicability of the US-ROC Agreement was also set forth in the letter of February 24, 1978 from the Embassy of the Republ.ic of China.
The staff has reviewed the subject application in light of the considerations below:
l 0
Safeguards. The export will be subject to IAEA safeguards.
l As a party to the NPT, the ROC has undertaken an. obligation to accept IAEA safeguards on all source or special fissionable j
material in all peaceful nuclear activities within the i
territory of the ROC, under its jurisdiction, or carried out I
under its control anywhere.
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' he State Department memorandum of June 6 notes that (1) as T
a result of the ROC's explusion from-the IAEA in December 1971, an NPT safeguards agreement has not been concluded between the i
APPENDIX A 1
i l
2 IAEA and the ROC; (2) IAEA safeguards, essentially comparable to those required under the NPT, are in effect under a trila-teral US-IAEA-ROC safeguards agreement; and (3) should the IAEA terminate the application of safeguards in the ROC for any reason, the US has the right to apply bilateral safeguards in lieu of IAEA safeguards pursuant to the US-ROC Agreement for Cooperation.
In view of the above, the staff believes that Criterion (1) of the NNPA is met.
O No Nuclear Explosive Use. As a party to the NPT, the ROC has undertaken the obligation not to receive the transfer from any transferor whatsoever of nuclear weapons or other nuclear explosive devices or of control over such weapons or explosive devices; and not to seek or receive any assistance in the manufacture of nuclear weapons or other nuclear explosive devices.
The Executive Branch also notes in its June 6 memorandum that the ROC has provided separate assurances to the US in this regard.
Therefore, the staff reli"es that Criterion (2) of the NNPA is met.
O Physical Security.
The Executive Branch has assessed the physical security measures maintained in the ROC with respect -to nuclear material and facilities and has found them adequate for the material covered by this license.
Based upon the staff's assess-ment of information obtained through visits, reviews, and exchanges, and upon information provided by the Executive Branch, the physical security program in the ROC is considered adequate to physically protect the material, requested in this license, as required pursuant to 10 CFR 110.42 and 110.43.
In view of this, the staff believes the Criterien (3) of the NNPA is met.
Although the written physical security assurances required by 10 CFR 110.43(b) has not been obtained, an exemption from this requirement will be issued pursuant to authority under 10 CFR 110.10(a).
O Retransfer. The US-ROC Agreement contains a provision prohibiting the reexport of US-supplied special nuclear material, including equipment and devices, unless the US agrees to such transfer, and then only if it is within the scope of a bilateral agreement for cooperation between the US and the nation to which it is being
3 transferred or within an appropriate multilateral agreement.
The agreement also gives the US an unqualified approval right over the retransfer of special nuclear material produced in these reactors and separated from US-supplied material.
- Thus, it is the staff's view that Criterion (4) of the NNPA is met.
The US-ROC Agreement for Cooperation stipulates Reprocessing.
O that when any special nuclear material received from the US requires reprocessing or any irradiated fuel is to be removed from a reactor and altered in form or content, such reprocessing I
or alteration shall be performed in facilities acceptable to both parties upon joint determination that safeguards may be effectively applied. Therefore, it is the view of the steff that Criterion (5) of the NNPA is met.
O Sensitive Technology. The proposed export does not include sensitive technology.
As more fully developed in its memorandum dated June 6, 1978, the Executive Branch has determined that the ROC currently meets all the criteria of P.L.95-242, including the requirements of Section 126(a)(1) and the specific criteria of Sections 127 and 128 and that the ROC adhered to all the provisions of its Agreement for Cooperation with the US.
Upon review, the staff concluded that the proposed export meets the require-ments of the Nuclear Nonproliferation Act (NNPA) including the specific export criteria in section 127.
In view of all the considerations above, and as required by section 57 of the Atomic Energy Act and 10 CFR 110.44, the staff has concluded that the export to be made pursuant to the proposed license (1) would be subject to the terms and conditions of the Agreement for Cooperation between the US and the ROC, and (2) 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.
.'N al oore Senior Licensing Reviewer Office of International Programs d
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APPENDIX B 4
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DEPARTMENT M STATE
.Ql. ji n > a. son. o e. - t;g.
BUREAU OF OCEANS AND INTERNAT,NAL ENVIRONMENTAL Ag3 SCgDJ8'If@CUA AIRS 7 79 June 6, 19 78'.7/ t,peaf 7#'d M3
. -u;i!.J.:!AI'L STO.P MEMORANDUM FOR JAMES R.
SHEA NUCLEAR REGULATORY COMMISSION Enclosed is an Executive Branch analysis covering a license application for the export of low-enriched uranium to the Republic of China.
In accordance with P.L.95-242, the analysis explicitly addresses how the re-quirements of Section 126 a.
(1) of the Atomic Energy Act are met, including the specific criteria of Sections 127 and 128, as well as certain additional factors, envisaged by Secti6n 126 a.
(1).
The Executive Branch, on the basis of its review of this came, has concluded that the requirements of the Atomic Energy Act and P.L.95-242 have been met and that the pro-posed export would not be inimical to the common defense and security of the United States.
Moreover, the Republic of China has adhered to the provisions of its Agreement for Cooperation with the United States.
Therefore, the Execu-tive Branch recommends issuance of the requested export license.
Louis V.
Nosenzo' Deputy Assistant Secretary
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APPENDIX B
EXPORT LICENSE APPLICATION ANALYSIS XSNM-1279 Country:
Republic of China Transaction:
Th'e export of 6.113 kilograms of U-235 contained in 31.84 kilograms of uranium in the form of uranium
. hexafluoride enriched to a maximum of 19.2 percent U-235 Applicant:
Transnuclear, Inc.
Applicant's
Reference:
Misc. 214 78-035/S Date of Application:
February 17, 1978 Purpose of Export This enriched uranium will be shipped to the Institute of Nuclear Energy Research in Taiwan, the Republic of China, and will be converted into a uranyl sulfate solution and will be used in a water boiler type reactor as fuel.
This reactor is located at the Institute and has a thermal power of 0.1 megawatt.
A core loading for this reactor requires 21.05 kilograms of uranium.
The material requested in this application represents a quantity sufficient for one and one-half cores.
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EMBASSY OF THE REPUBLIC OF CHINA OFFICE OF COUNSELOR FOR SCIENCE 6 TECHNOLOGY SUITE d53 VAN NESD CENTER 4308 CONNECTICUT AVENUE. N.W.
WASHINGTON, D. C. 20008 CADLE ADDRESS: SlHOSit TELEPHONE: 244 0822 RErEnENcz No 244.oS a s February 24, 1978 Mr. Vance II. Hudgins Assistant Director Office of International Security Affairs Department of Energy Washington, D.
C.
20545
Dear Mr. Hudgins:
Re: 47 Kg UF6 Containing 31.84 Kg Uranium Enriched to 19% U235 (6.113 Kg U235)
NRC Export License Application No. XSNM 1279, S-943 Transnuclear, Inc. Reference No. 78-035/01 We certify that the material mentioned in this application, namely, 47 Kg UF6 containing 31.84 Kg uranium enriched to 19% U235 (i.e.,
6.113 Kg U235), and the transfer of this l.
material will be subject to all terms and conditions of the Agreement for Cooperation on Civil Uses of the Atomic Energy signed between our two governments on April 4, 1972 and entered into force on June 22, 1972, and amended on March 15, 1974.
Further, we certify that the Institute of Nuclear Energy Research, Lung-Tan, Taiwan, Republic of China as the ultimate consignee, is authorized to receive and possess this material pursuant to the afore-mentioned agreement for cooperation, and it will be used by the Institute in a water boiler type reactor as reactor fuel.
Sincerely yours, g
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Kwang-hen Wu Scientific Attache cc:
Mr. James A.
Garrett Office of International Affairs, DOE Mr. Neil Moore Office of International Programs, NRC Mr. II.
J.
McAlduff Uranium Enrichment Operation Division, DOE Dr. J.
P.
Chien, Il4i3R
4 1.
Applicable Agreement for Cooperation The proposed export is subject to all of the d v ms and conditions of the Agreement for Cooperation b 1 the Government of the United States of America and the
_rn-ment of the Republic of China concerning Civil Uses of Atomic Energy, which entered into force on June 22, 1972, as amended on March 15, 1974.
This was confirmed in a letter from the Embassy of the Rep'ublic of China to the Department of Energy dated February 24, 1978, a copy of which is at-tached.
The Republic of China has adhered to all provisions of its agreement with the United States.
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4 2.
Extent to Which Export Criteria Are Met A.
Section 127 Criteria As provided in Section 127 of the Atomic Energy Act, the following criteria govern exports for peaceful nuclear g
uses from the United States of source material, special nu-clear material, production or utilization facilities, and any sensitive nuclear techndlogy-Criterion (1) v
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"IAEA safeguards as required by Article III (2) of the Treaty will be applied with respect to any such material or facilties proposed to be exported, to any such material or facilities previously exported and subject to the ap-plicable Agreement for Cooperation, and to any special nuclear material used in or produced through the use thereof."
s The Republic of China is a party to the Non-Proliferation Treaty (NPT).
However, as a result of the Republic of China's expulsion from the IAEA in December 1971, an NPT safeguards agreement has not been concluded between the IAEA and the Republic of China.
IAEA safeguards, essentially comparable to those required under the NPT, are in effect on all nu-clear material and facilities in the Republic of China under a trilateral US-IAEA-ROC safeguards agreement, pursuant to INFCIRC/66/Rev. 2, which entered into force on December 6, 1971.
Should the IAEA terminate the application of safeguards in the Republic of China for any reason, the United States has the right to apply bilateral safeguards in lieu of IAEA safeguards pursuant to the Agreement for Cooperation between the United States and the Republic of China.
Therefo:.0 it is the Executive Branch view that criterion (1) is met.
b
t 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 nucle'a'r explosive' device."
As a Party to the NPT, the Republic of China is com-mitted not to develop or use nuclear explosive devices for any purpose.
Moreover, the ROC has provided separate as-surances to the U.S.
in this regard.
Therefore, it is the Executive Branch view that cri-terion (2) is met.
Criterion (3)
" Adequate physical security measures will be maintained with respect to such material or facilities proposed to be exported and to any special nuclear material used in or pro-duced 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, l
physical security measures shall be deemed adequate if such I
measures provide a level of protection equivalent to that required by the applicable regulations."
The Executive Branch has assessed the physical security measures maintained by the Republic of China with respect to nuclear material and facilities and determined that they are adequate for the material covered by this license ap-plication.
Therefore it is the view of the Executive Branch that criterion (3) is met.
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t 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 or group of nations unless the prior approval of the United States is obtained for such retransfer.
In addition to other requirements of law, 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 X (3) of the 1972 US-ROC Agreement for Co-operation stipulates that:
"No material, including equip-ment and devices, transferred to the Government of the Re-public of China or to authorized persons under its jurisdiction pursuant to this Agreement for the superseded Agreement will be transferred to unauthorized persons or beyond the juris-diction of the Government of the Republic of China except as the Commission may agree to such a transfer to the juris-diction of another nation or group of nations, and then only if, in the opinion of the Commission, the transfer of the material is within the scope of an Agreement for Cooper-ation between the Government of the United States of America and the other nations or group of nations."
Article XI B.
of the US-ROC Agreement stipulates inter alia, that:
"...the Government of the United States of America, notwithstanding any other provisions of this Agree-ment, shall have the following rights:
" (2) With respect to any source material or special nuclear material mada available to the Government of the Republic of China or to any person under its jurisdiction under this Agreement or the superseded Agreement by the Government of the United States of America or any person under its jurisdiction and any source material or special nuclear material utilized in, recovered from, 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, moderator material, or other material designated by the Commission, me
" (b) reactors, and...
" (ii) to require that any such material in the custody of the Government of the Republic of China or any person under its jurisdiction be subject to all of the safeguards provided for in this Article and the guarantees set forth in Article X;"
These articles give the U.S.
an unqualified approval right over the retransfer of material from the Republic of China supplied by the U.S.
or special nuclear material pro-duced through the use of~such matsrial and allow retransfers only if they are determined to be within the scope of an agreement for cooperation with the recipient country.
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.
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8 Criterion (5)
"No such material proposed to be exported and no special nuclear material produced through the use of such material will be reprocessed, and no irradiated fuel ele-ments containing such material removed from a reactor shall be altered in form or content, unless the prior approval of the United States is obtrined for such reprocessing or alteration.
Article VIII C. of the U.S.-ROC Agreement for Coopera-tion provides that:
"Wh'en any special nuclear material re-ceived from the United States of America pursuant to this Agreement or the superseded Agreement requires reprocessing or any irradiated fuel elements containing fuel material received from the United States of America pursuant to this Agreement or the superseded Agreement are to be removed from a reactor and are to be altered in form or content, such reprocessing or alteration shall be performed in facilities acceptable to both parties upon a joint determination 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.
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Criterion (6)
"No such sensitive nuclear technology shall be exported unless the foregoing conditions shall be applied to any nuclear material or equipment which is produced or constructed
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under the jurisdiction of the recipient nation or group of nations by or through the use of any such exported sensitive nuclear technology."
s The proposed export does not involve sensitive nu-clear technology.
Criterion (6) is, therefore, not ap-plicable.
98 a
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-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."
It should be noted'that this' criterion only applies to license applications under which the first export is to take place after March 10, 1980, or which are submitted after September 10, 1979.
We anticipate that this recommended ex-port will occur before March 10, 1980.
In any case, as a Party to the NPT, the Republic of China has accepted IAEA safeguards on all its nuclear activities, thereby satisfying this criterion.
(Note special conditions set forth under criterion (1) in Part A.)
sh
3.
Additional Factors A.
Safeguards Implementation -- Significant infor-mation the Executive bzanch possesses bearing on the effectiveness of implecentation of IAEA safe-guards in the recipient country, including any such
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l 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-guards Implementation Report that with regard to nuclear material subject to IAEK safeguards, while some deficiencies exist in the system, "in none of the 41 states in which inspections were carried out was there any diversion of a significant quantity of nuclear material."
Although j
recognizing the need to correct existing deficiencies in safeguards implementation, the Executive Branch has no reason to believe that the IAEA Secretariat's conclusion is not a valid one.
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 purposes of this export.
B.
Non-Proliferation and Other Foreign Policy Considerations None.
oh
4.
Inimicality Judgment Based on review of the proposed export, it is the judgment of the Executive Branch that the proposed export will not be inimical to the common defense and security, and that the license should be issued.
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e APPENDIX C
Form AEC-7 U.S. ATOMIC ENERGY COMMISSION Fsem approved a Budget Sureau Na.
(2-en
'.10 CP R 30,40 Washington, D.C. 20545 38 R0007.
f fjlfh N Y $
ep-4 Y APPLICATION FOR LICENSE TO EXPORT BYPRODUCT, SOURCE, OR SPECIAL NUCLEAR MATERI AL gg Submst in Trsplicate
- $r 1*O Carefully Read instructions on Back I D A TE OF APPLIC ATIOH 2 APPLIC ANT'S REF ERENC E NO-3 COUNTRY OF ULTIM ATE DESTIN ATION February 17, 1978 M18df"li4 78-035/S Taiwan 4 N AME OF APPLIC ANT 5 ULTIM ATE CON $1GNEE IN FOREIGN COUNTRY g'
"dd"g Nuclear Energy Research Transnuclear, Inc.
Atomic Energy Council, Republic of China 5205 Leesburg Pike CITY, ST ATE. AND ZIP CODE Lung-tan, Taiwan Falls Church, Va. 22041
- 6. INTERMEDIATE CONSIGNFE IN FORClGN COUNTRY (Giw name 7 IF PURCH ASER IN FOREIGN COUNTRY IS OTH ER TH AN g=/ ud./rrss l/ aume av uitsmute conugnce state '%ane. ")
ULTIM ATE CONSIGNEE. GIVE N AME AND ADDRESS.
til same, state "same.")
y-same
- 8. (a) QU A'N TITY TO DE SHIPPED (b) COMMODITY DESCRIPTION include chemscal and physical formi for special nuclear material and (See anstructions on back) byproduct material also spectly isotopic content; if in a device, identsfy the devtce, manufactwer, and mndel number.)
31.84 yg U Uranium in the form of uranium hexafluoride enriched to a max-6.113 Kg U235 imum 19.2 percent U235. This material will be supplied and packaged by U.S.D.O.E., Goodyear Atomic Corp., Piketon, Ohio for shipment as soon as license is issued.
(c) SHIPPING AND PACKING PROCEDURES (Requsred for speciai ensclear material. See instructions on back.)
I.A.E.A. Certificate of Competent Authority 4909 in accordance with 1 FR Part 71 9 END USE OF COMMODITIES COVERED BY THl$ APPLIC ATION: (Describe fully, stating uhat uall be produced a manu/actured, what service wstl be rendered. or the nature of the research that will be performed.) (See snstructwns on back for special nuclear material.)
Material will be converted from UF6 into uranyl sulfate solution by the Institute of Nuclear Energy Research and will be used in a water boiler type reactor as reactor fuel.
See attached End Use Statement.
to The applicant, and any official executing this certificate on behalf of the applicant named in item 4, certify that this application is prepared in conformity with Title 10, Code of Federal Regulations, Parts 30 and 36 (if for byproduct material) or Part 40 (il for source material), or Part 70 (if for special nuclear material),.and Part 71 (for transport of radioactive material, if applicable) and that all information contained herein, including any supplements attached hereto, as true and correct to the best of their knowledge and belief.
S020.!G 1.WilUM This material is priv6teAy owned Please issue for bE$d @on'e year.
Transnuclear, Inc.
( Applicant named Item 4)
{ l d @! 2 81-l @]ff, Vicki Matsqtt [
Dyt
/
Traffic Coordinator T.'d T,
(Tstle of certslysne offecnal aut)n>rszed to act on behalf of the C3l,C']~
- ptscant)
APPENDIX C Warning: 18 U.5 C Section 1001; Act of June 25, 1948: 62 Stat. 749; makes it a criminal offense to make a willfully false state-8 nmecca r.w mmmwnomonen om amn &amgommno r.w maeam 0 00m MMomA 10o0mm em Cm m m00m w M u9_10AMm W 'b
8s slilssle o[ N:sc/ene basergsf Nesearck
- TEL, ssiNucN x4s C ADLE4 "NUCLPNST" $HisMEN ATOMIC ENERGY COUNCIL P 0 DOX 3 TELEXJ 34154: C AEC REPUOLIC oF CHINA LUNG T AN, T AlW AN YouR REF oUR REF.
February 2, 1978 STATEMENT OF END-USE Y
We request that this statement be considered a part of the application for export license for export to us of the following material in the quantity indicated below:
Quantity Description 47 KGS.
UF6 @l9.00 W% U-235 The above described material equates to 31.76 kgs U 819.00 W/%
U-235 It will be converted by us, the Institute of Nuclear Energy Research, into uranyl sulfate solution which will be used in a water boiler type reactor as reactor fuel (the end-use).
This reactor is located at this Institute and will have a rated thermal power of 0.1 Mw.
A quantity of 21.05 kgs U is required for the first core, and 31.76 kgs U equates to a quantity required for one and half core.
We certify that the material listed above will not be reexported in any form or put in any use other than the above.
x...
l Q
g Hao Lee Shing-ai Chen
'D2puty Director Project Manager Reactor Engineering Division
1n.
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February 17, 1978 Mr. N. Moore Nuclear Regulatory Commission Office of Irternational Programa 7735 Old Georgetown Road Bethesda, Maryland 20014 Re: 31.84 Kgu at 19.2 percent 035/S (Misc.-214)
Dear Mr. Moore Enclosed is an application for Export License, in triplicate, for your handling on the following material:
Y 31.84 Kg U containing 6.113 Kg U235 enriched to a maximum 19.2 percent U235 A corrected End Use Statement listing quantities of U, U235 and enrichment which includes the D.O.E.
allowable tolerances will be forwarded to you as soon as it is received.
Thanking you in advance for your help and cooperation.
Sincerely, f
h
Vicki Matson Traffic Coordinator VM/ak
Enclosures:
Export License Application Original End Use Statement SKYLINE CENTER. 5205 LEESBURG l tKE. FALLS CHURCH, VIRGINIA 22041 TELEPHONE: 703 820 2450. CABLE: TRANSNUL FSCH. TELEX: 89 9463
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N April 24, 1978 70 - 29/1~
Mr. N. Moore Nuclear Pegulatory Commission Office of International Programs 7735 Old Georgetown Road Bethesda, Maryland 20014 Re: Export License Application number XSNM-1279 (S-943)
TN ref: 78-035/S (MISC-214)
Dear Mr. Moore:
As referenced in our letter of February 17, 1978, enclosed is a corrected End Use Statement for your handling.
Thanking you in advance for your help and cooperation.
Sincerely,
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g.w Vicki Matson Traffic, coordinator Enclosure Original corrected End Use Statercent cc Mr. R. Delabarre Department of State Office of Nuclear and Energy Technology Affairs Room 7830 Washington, D. C.
20520 Ms. E. Hemby S0' DdS 1,1YNb'3n1 J
U.S.D.O.E.
Division of International Security Affairs GIN
'N 20 Massachusetts Avenue, N.W.
Washington, D. C.
20545 M 21 Md tG ' del 81.G 15 can ra 03A!3:
y,p 4 7 f1 f,6 SKYLINE CENTER. 5205 LE.!SBURG PtKE. FALLS CWURCH, VIRGINIA 22041 TELEPHONE: 703420 2450. CABLE: TRANSHUL FSCH. TELEX: 8M463
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TEL: sHIMMEN 245 C/OLEt "NUCLINST" 5HlHMEN ATOMIC ENERGY 00UNCIL P. O. BOA 3 TELEX: 34154: CAEC REPUBUO OF CHINA LUNG T AN. T AlW AN YoUR REF ouR REF.
STATEMENT OF END USE s
We request that thic statement be considered a part of the application for export 11 cense for export to us of the following material in the giantity indicated below (including the Department of Energy's allowable tolerances on' uranium and enrichment) :
31.84 kgs uranium in the form of UF6 6.113 kg U235 19.2 maximum enrichment The above described material will be converted by us, the Institute of Nuclear Energy Research, into uranyl sulfate solution which will be used in a water boiler type' reactor named Water Boiler Reactor, Lungtan (WBRL) as reactor fuel (th.e end usel.
This reactor is located at this Institute-and has a rated thermal power of 0.lMw.
A quantity of 21.05 kgs uranium is required for the first core, and the above mentioned quantity equates to one and a half cores.
We certify that the material listed above will not be reexported in any form or put in any use other than the above.
Signed by:
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W u Hao Lee IBOMyIN0b3-eputy Director g El Hd I5 M O
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APR 211978
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APPENDIX D t
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DEPARTMENT OF STATE N
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F.NVIRONMENTAL AND SCIENTIFIC AFFAIRS June 20, 1978 t
MEMORANDUM FOR JAMES R.-SHEA.
NUCLEAR EEGULATORY COMMISSION An Executive Branch analysis covering a license ap-plication for the export.of low-enriched uranium to the Republic of China was transmitted to the Commission under cover of.my memorandum to you. dated June 6, 1978, recom -
mending issuance of the requested license.
In connection with that and other recommendations re-garding proposed. nuclear exports to the Republic of China, it'should be noted thag, in.the judgment of'the Executive Branch, the Republic of China'is committed to maintaining adequate physical security for its nuclear program, meeting as a minimum, a level of. protection compatible with that envisaged by IAEA INFCIRC/225.
In addition'to the factors cited in the June 6 Analysis under criterion (3), this judg-I ment is enforced by information obtained in~the visit to the Republic of' China by a USG Physical Security Review Team in August 1975.
During that visit, the Team noted that the physical security program in evidence and the re-sponse capabilities observed appeared to provide protection significa.itly above the level which would be provided in the US for similar facilities (or which would be, required under IAEA guidelines).
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Dixon B.
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Acting Deputy Assistant Secretary
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U.S. NUCLEAR REGULATORY. COMMISSION EXPORT LICENSE y
Conditions License Number XSNM-1279
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5 Condition 1 - Licensee shall file with the Customs Officer or the Postmaster two copies,in addi.
.J tion to those otherwise required, of the Shipper's Export Declaration covering i
each export and mark one of such copies for transmittal to the U.S. Nuclear Regu-
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lotory Commission, Washington, D.C. 20555. The following declaration should oc-company or be placed on the Shipper's Export Declarations for such exports:
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"This shipment is being made pursuant to specific license number (specific I
license number) filed at (locotion of Customs office where license is filed),
on (date license was filed). This license expires on (expiration date of license), and the unshipped balance remaining on this license is sufficient to N
cover the shipment described on this dectoration."
y Condition 2 - Exports authorized in any country or destinction, except Country Groups Q, S, W,
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X, Y, and 2 in Port 370, Supplement No.1, of the Comprehensive Export Schedule of the U.S. Department of Commerce.
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,V Condition 3 - This license covers only the nuclear content of the material.
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Condition 4 - The material to be exported under this license shall be shipped in accordonce with the physical protection requirements for special nuclear material in 10 CFR 73.
Condition 5 - Special nuclear meterial authorized for export under this license shall not be transported outside the United States in possenger carrying circraft in shipments exceeding (1) 20 groms or 20 curies, whichever is less, of plutonium or uranium 233, or (2) 350 grams of uranium 235.
Condition 6-This license authorizes export only and does not authorize the receipt, physical possession, or use of the nuclear materiol.
q Condition 7 - The licensee shall complete and submit on NRC Form 741 for each shipment of source material exported under this license.
a.st a
Condition 8 - The licensee shall advise the NRC in the event there is any change in the designo.
ig tion of the company who will package the nuclear material to be exported under in this license, or any change in the location of the packaging operation, at least Ig three weeks prior to the scheduled date of export.
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