ML20197C213

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Concludes That Export Appl by Transnuc Inc Is Consistent W/Nuc Nonproliferation Act & That Its Physical Security Protec Prog Will Be Consistent w/INFCIRC/225,Rev L.Grants Exemption from Provisions of 10CFR110.43(a)
ML20197C213
Person / Time
Issue date: 10/13/1978
From: Oplinger G
NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP)
To:
NRC OFFICE OF INTERNATIONAL PROGRAMS (OIP)
References
NUDOCS 7811210023
Download: ML20197C213 (1)


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f (EPTION FROM EXPORT LICENSING REQUIREMENTS I APPLICATION X5NM-llEM in !4y 1977, Transnuclear, Incorporated applied for a license te ex; ort high-Enriched uranium for use as fuel in the High Flux Reactor (HFR) ir, the Netherlands The material would be shipped to the Federal Capublic of Germany for ccnversion and then to France for fabricetion pncr to its transfer to the Netherlands, sed upon its assessments, and upon information pro /ided by the Executive c

l D ramh, the staff has concleded that the proposed export would be consie.a",t with the recently enacted Nuclear Nonproliferation Act, includir,g the I

rc" f revnt that physical security programs, adequate to protect the raterial, will be maintained in the Netherlands, France, and the FRG.

Mcwever,.the written assurances (as required by 10 CFR 110.43(a)) that physical security measures providing as a minimum protection comparable to that set forth in INFCIRC/225, Rev. 1, will be maintained have not yet been obtained from the Goverr.ments of the Netherlands, France and the FRG.

i The application was submitted to the NRC before May 19, 1978, the cffective date of 10 CFR 110, and the standard assurances required prior to that date have been obtained.

Based upon U.S. Governnent personnel visits to the Netherlands, France and the FRG, and other information, it is conch?ded that the physical protection system, equipment and procedures for the fixed site facilities, and the procedures and equip-nent for transportation security in these countries are adequate to physically protect the material requested in the subject application, and provide physical protection comparable to that set forth in INFCIRC/

225, Rev. 1.

As nembers of the Nuciear Suppliers Group, the Netherlands, France and the FRG also have agreed to levels of protection consistent

.ith I@ CIRC /225, Rev. 1.

Steps are being taken to obtain the written assurances but to require these assurances at this time would impose additional and unwarranted burdens upon the Netherlands, France and the FRG.

Therefore, under ehority delegated to me on June la, 1976, and pursuant to 10 CFR 110.10(a), I have determined that exemption from the provisions of 10 CFR 110.43(a) for a written assurance is authorized by law, is not inimical to the covon defense and security and does not constitute an

rn sconcSle risk to public health and safety and, accordingly, exemption from this requirement is hereby granted.

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h'i O.v~' W:.C; w\\GeraldGH0plinger,AssistantDirector x

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